MUNICIPAL PRETREATMENT PROGRAM GUIDANCE PACKAGE
                 September 23, 1980
           Municipal Construction Division
         Office of Water  Program Operations
        U.S.  Environmental  Protection Agency
               Washington,  D.C. 20460

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                  NOTE
This  guidance  document  will  be  distributed
through  the  Office  of Water Program  Opera-
tions—Municipal     Construction    Division,
MCD  Series.   For   limited   copies,   please
contact   Ms.   Laura  Camnarota   at   (202)
426-8976, or write:
          Ms. Laura Cammarota
          Municipal Technology Branch
          (WH-547), USEPA,
          Washington, D.C. 20460

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                               TABLE OF CONTENTS



     Section                                                          Page


I.    Introduction	   I-i

II.  Prohibited Discharge Standards and Categorical Standards	  II-l

III. NPDES Permits	 III-l

IV.  General Pretreatinent Regulations (40 CFR Part 403)	  IV-1

V.    Construction Grants Regulations (40 CFR Part 35) on Municipal
          Pretreatment Program	   V-l

VI.  Residue/Sludge Management Concerns	  VI-1

VII. Scope of Work, Development Schedule and Grants Eligibility	VII-1

     Appendices

     A.   Sample Plan of Study		   A-l
     B.   Sample Special Grants Conditions	   B-l
     C.   Sample Industrial Survey Questionnaire	   C-l
     D.   Sample Pretreatment Ordinance	   D-l
     E.   Monitoring Equipment Cost Information	   E-l

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                                LIST OF TABLES
Table 1   65 Toxic Pollutants Listed in NRDC Consent Decree	  11-2

Table 2   34 Industrial Categories in NRDC Consent Decree	  II-3

Table 3   Federal Laws Applicable to Sludge Management	  VI-2

Table 4   Model Pretreatment Compliance Schedule Language	  VI-3

Table 5   Outside Pretreatment Compliance Dates	 VII-6

Table 6   Eligible Costs for the Development of an Approvable
            Municipal Pretreatment Program	 VI1-7

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I.   INTRODUCTION


The purpose of this document is to provide guidance for obtaining construction
grant assistance  for developing approvable local  pretreatment  programs.   Sec-
tions II-VI  provide background information for  the  reader in understanding
the overall  pretreatment  picture.  Specific information on  developing  a  scope
of work,  development of  a compliance  schedule,  and grant eligibility  is
covered  in Section VII.

Sections  307(b)  and (c)  of the  Clean  Water Act  (CWA)  require  that  EPA
develop   and  administer  regulations   pertaining  to  national   pretreatment
standards  for  existing and  new  industrial users  introducing incompatible
or toxic  pollutants into publicly owned treatment works (POTWs).  Furthermore,
Sections  304(g)(l) and  304(h)(2) require  that  EPA  issue guidelines  to
assist  NPDES states in developing local  pretreatment standards  and uniform
procedures for implementation  of pretreatment programs  by POTWs subject to
state permits  (NPDES)  pursuant to Section 402(b)  of the CWA.   Section  301
(b)(2)(A)(ii)  requires that  all  industrial  users introducing  pollutants
into  POTWs be in  compliance with national  pretreatment standards  no  later
than  3  years  after such   standards  have  been established.    In   addition,
as  a condition  to approval of a grant  for  construction, a  municipality
must  demonstrate that  it  has  the  legal, institutional,  and financial  capabil-
ity  to  insure  the adequate operation and maintenance of it's  treatment  works
(Section  201(b)(l)(c)   of the  CWA),  including  the  implementation  of the
pretreatment program.

To  implement these statutory  requirements, EPA  promulgated Part 403 of  Title
40  of  the Code  of Federal Regulations,  entitled,   "General   Pretreatment
Regulations  for  Existing  and  New Sources  of  Pollution".   In  connection with
Part 403 and as  the result of consent decrees entered into by EPA in NRDC vs.
Costle,  national pretreatment standards  (commonly  referred to as Categorical
Standards)  for  34 industry categories  and 65 classes  of  toxic  pollutants,
(broken  down into 129  specific compounds),  are  being issued  as technology-
based pretreatment standards satisfying the requirement of Section 307(b) and
(c)  of  the Act.   Compliance with the above mentioned statutory and regulatory
provisions is  effected through the NPDES permit issued to POTWs  in accordance
with Section 402  of the  Act  and  Parts 124 and 125 of the Regulations (Title
40  of C.F.R.).  Furthermore, encouragement for Pretreatment Programs includes
financial assistance  in  the  form of Section 201  and 208 grants  (40  CFR
35.907(a), 35.903, 35.920-3(b)7 and  (c)(4), and  35.915-l(d)).

The  major objectives of  the General  Pretreatment Regulations (Part 403 and
other related  sections cited  above)  are  to:   (1)  prevent  the  introduction  of
pollutants into  POTWs which will  interfere  with plant operations and/or the
disposal   or  use  of  municipal sludge; (2)   prevent  the introduction  of
pollutants into  POTWs which will  pass  through  treatment works into receiving
waters  or the atmosphere or will  otherwise be incompatible with the POTW; and
(3)  improve  opportunities  to  recycle  and reclaim wastewaters  and the  sludges
resulting from wastewater treatment.

Finally, removal  and disposal  of toxic pollutants subject to  the NRDC consent
decree  may be covered  by the  Resources Conservation  and  Recovery Act, or the
Toxic Substances  Control   Act.  Consequently,  pretreatment programs developed


                                     I-  1

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by  POTWs  (201  agencies)  and Areawide  Water Quality  Management  Planning
Agencies (208 agencies) may  result in subjecting industrial  users to the re-
quirements of these  statutes  and their implementing regulations.   (See TSCA-
15 USC  2605  and Part 761  of Title  40  of CFR; RCRA 42 USC 6921 and Part 257
of Title 40 CFR).
                                    1-2

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II.  PROHIBITED DISCHARGE STANDARDS AND CATEGORICAL STANDARDS


To meet these  objectives,  the Pretreatment Regulation establishes the frame-
work for application and enforcement of general Prohibited Discharge Standards
for all dischargers  and  specific,  technology-based Categorical  Pretreatment
Standards for 34 industrial categories.

Prohibited Discharge Standards

Prohibited Discharge Standards  prohibit discharges from any nondomestic user
containing certain  types  or  amounts of pollutants  which would  substantially
interfere with the operation of the POTW.  These standards prohibit the intro-
duction of pollutants into the POTW which:

     0    Create a fire or explosion hazard;

     0    Have a pH lower than 5.0;

     0    Obstruct the flow in the sewer  system;

     0    Upset  the  treatment process and cause a  permit  or sludge quality
          violation; and

     0    Exceed 40°C. at the  POTWs  influent.

The  POTW  must also set  specific limits to supplement  the Prohibited Discharge
Standards  based on  the  POTW's capacity  to  accept such pollutants.  These
general  standards  became  effective  on August 25,  1978, excluding  the  heat
standard which must  be met by August  25,  1981.

Categorical Pretreatment Standards

The  Categorical  Pretreatment Standards are  in  the  process of being developed
and  will  be  promulgated separately  by EPA.   These  categorical  standards will
contain  concentration discharge  limitations for  each industrial  category
based  on  the  best available  technology  economically achievable (BAT) for
existing  industries  and based on  the  best available  demonstrated technology
economically  achievable  (BDT)  for  new  industries.   In establishing the
categorical  standards,  EPA will review  a list of 65  classes of toxic pollu-
tants  (Table  1) and will  establish  34 sets,  (Table 2),  of pretreatment stan-
dards,  one  for each industrial category, for any of  the 65  toxic pollutants
found  not to be susceptible  to  treatment by POTWs or  which would  interfere
with  the operation  of  the POTW.   The  industries  subject  to  categorical
pretreatment  standards   may   have  up  to  three years  from  the  effective
date  of  the   standard  to comply  with the  standard.   For  example,  the
categorical  pretreatment  standards  for  existing  sources  in the electro-
plating  point source category were  promulgated  on September 7, 1979.  These
standards  became effective on October 9, 1979,  and all  affected users of  the
POTWs  must achieve compliance before  October  12, 1982.

It should be noted that compliance dates associated with different industries
vary  and  are not  directly related  to local  pretreatment program development
compliance dates.


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Since not  all  of  the  categorical  standards  are  promulgated at this  time
and the General  Pretreatment Regulations are  not  completely  finalized,  a  POTW
should follow  a  phased approach  in  developing  the local  pretreatment  program.
This  phased  approach will  be  discussed in  Section VII;   scope of work,
development schedule, and grant eligibility.
                                    TABLE 1

               65 TOXIC POLLUTANTS LISTED IN NROC CONSENT DECREE
                 AND REFERENCED IN 307 (a) OF THE CWA OF 1977
          Acenapthene
          Acrolein
          Acrylonitrile
          Aldrin/Dieldrin
          Antimony and compounds
          Arsenic and compounds
          Asbestos
          Benzene
          Benzidine
          Beryllium and compounds
          Cadmium and compounds
          Carbon tetrachloride
          Chlordane
          Chlorinated benzenes
          Chlorinated ethanes
          Chi oralkyl ethers
          Chlorinated naphthalene
          Chlorinated phenols
          Chloroform
          2-chlorophenol
          Chromium and compounds
          Copper and compounds
          Cyanides
          DDT and metabolities
          Dichlorobenzenes
          Dichlorobenzidine
          Dichloroethylenes
          2, 4-dichlorophenol
          Dichloropropane &
            Dichloropropene
          2, 4-dimethylphenol
          Dinitrotoluene
          Diphenylhydrazine
          Endosulfan and metabolites
Enrin and metabolites
Ethyl benzene
Fluoranthene
Haloethers
Halomethanes
Heptachlor and metabolites
Hexachlorobutadiene
Hexachlorocyclopentadi ene
Hexachlorocyclohexane
Isophorone
Lead and compounds
Mercury and compounds
Napthalene
Nickel and compounds
Nitrobenzene
Nitrophenols
Nitrosamines
Pentachlorophenol
Phenol
Phthalate esters
Polychlorinated biphenyls (PCBs)
Polynuclear aromatic
  hydrocarbons
Selenium and compounds
Silver and compounds
2,3,7,8,-Tetrachlorodibenzo-
  p-dioxin (TCDD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxaphene
Trichloroethylene
Vinyl chloride
Zinc and compounds
                                    II-2

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                          TABLE 2

                 34 INDUSTRIAL CATEGORIES
            NRDC CONSENT DECREE - March 9, 1979
         NATURAL RESOURCES DEFENSE COUNCIL (NRDC)
Industry

 1.  Adhesives
 2.  Leather Tanning
     and Finishing
 3.  Soaps & Detergents
 4.  Aluminum Forming
 5.  Battery Manufacturing
 6.  Coil Coating
 7.  Copper Forming
 8.  Electroplating
 9.  Foundries
10.  Iron & Steel
11.  Nonferrous Metals
12.  Photographic Supplies
13.  Plastics Processing
14.  Porcelain Enamel
15.  Gum & Wood Chemicals
16.  Paint &  Ink
17.  Printing &
     Publishing
Industry

18. Pulp & Paper
19. Textile Mills
20. Timber
21. Coal Mining
22. Ore Mining
23. Petroleum Refining
24. Steam Electric
25. Organic Chemicals
26. Pesticides
27. Pharmaceuticals
28. Pesticides Materials
29. Rubber
30. Auto & Other Laundries
31. Mechanical Products
32. Electric & Electronic
      Components
33. Explosives Manufacturing
34. Inorganic Chemicals
                            II-3

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III. NPDES PERMITS


Pursuant to Section  402  and 405 of the Clean Water Act  (CWA),  the  discharge
of any  pollutants  or sewage sludge resulting from the operation  of a  treat-
ment works are  prohibited  unless a National Pollutant Discharge  Elimination
(NPDES) permit  is  issued.   Section 402(a)(l) of  the  CWA requires  that as a
condition to  a  NPDES permit,  all requirements of Section 301, 302, 306, 307,
308, and 403  of the Act be met.   Section  307(d)  makes  it unlawful  for any
indirect  industrial  discharger  to violate any  pretreatment  standard or any
POTW to violate  effluent standards.   Parts  122,  124, and  125 of  Title 40  of
the CFR (Consolidated Permit Regulations)  implement among others, the  require-
ments of Sections  402 and 405 of the CWA and prescribe the policy  and proce-
dures  to  be   followed  in connection with  federally-issued NPDES  permits.
Similar requirements are imposed on dischargers  through state-issued NPDES
permits,  authorized by  Section  402(b)  of  the  CWA and  Part 123  of  the
regulations.

Under the Consolidated  Permit Regulations,  any person who discharges  or pro-
poses to discharge pollutants (including  POTWs)  from any  point source into
the waters of the United States and who  does  not have  an effective permit
must apply  for either an  individual NPDES  permit (Section 122.53(a)) or  a
general  permit  (Section 122.59).   Industrial  users  of POTWs  (indirect
industrial dischargers)  are exempted from  the  requirements  of  applying for
and obtaining such permits, but  must comply with  pretreatment standards under
Section 307(b)  of the CWA and Part 403  of  the Regulations  (see  Section 122.51
(cj(iii) and  Section 122.62(j)).  Any POTW  with  a currently effective permit
must submit  a new application at  least 180  days  before  the expiration of the
existing  permit unless  an extention  has  been  granted (Section  122.53(c)).
Application  for new permits  under  the  Consolidated  Permit Regulations must
contain the  information required by Sections 122.53(f)  and  122.4(d) of the
Regulations.   All  applications  must be properly  signed  and  include the re-
quired certifications  (see  Section 122.6).

In  addition,  for  federally-issued  permits, Section  401(a)(l)  of  the CWA
requires that a  certification from the State in which the  discharge originates
must be  obtained or waived.  Section 124.53 of the Consolidated  Permit Regu-
lations covers  this requirement.  In the  case  of state-issued  permits, EPA
reserves the  right to review, comment  on  and object  to  the  issuance of  such
permit  within 90 days of  it's  transmission to  EPA (see Section  123.75 and
123.74  of  the Regulation).  No  permit  shall be issued by a state  when  EPA
has objected  to it  (Section  123.76) until  appropriate action has been taken
by  the  State Director to  eliminate the objection (see Section 123.75(b)(2)
(11)).

Under  the  Consolidated Permit Program,  permittees are required  to comply  with
all the conditions  of  the  applicable permit  in  accordance  with Sections 122.7,
122.60  and  122.61 of the Regulations.   Such conditions include,  among others,
duties:   to  rsapply for permits; to  properly operate  treatment  facilities;  to
provide  information to the issuing official (an  agency);  to allow  inspection
and  entry;  to monitor and  maintain  records; and, to provide timely notice
of  noncompl iance which may endanger the environment,  etc.  Any permit non-
compliance constitutes  violation  of the  appropriate  Act  (Clean  Water Act)
and  is  grounds for  an enforcement action,  termination,  revocation or denial


                                   III-l

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of a permit  (see  Sections  122.7 and 122.60(a)).  In addition, all POTWs must
provide adequate  notice of:  (1) any new introduction of pollutants into that
POTW which would  be governed by Effluent Limitations under Section 301  of the
CWA, if  directly  discharged;  and  (2) substantial changes  in the volume or
character of  pollutants being  introduced  into that POTW (see Section 122.61
(b)).

Industrial users  discharging into  POTWs,  while not required  to  obtain  NPDES
permits, will  be  required  to  comply with  all  national  pretreatment standards
whether or not they  discharge  into POTWs  falling within the coverage of Part
403.   Compliance  with  pretreatment standards  is ensured through local  pre-
treatment programs  that  are developed  in accordance with Part  403  within
time frames  specified in  a  compliance schedule to be included in NPDES permits
under  Section  403.8(b) of  the  Pretreatment Regulations or Section 35.920(b)
and  (c)  of the Construction Grants  Regulations.  When required,  NPDES permits
will be  reissued  or modified  to   prescribe  the relevant compliance date.
Industries subject to  categorical  pretreatment standards which  do  not  dis-
charge into  a  POTW  required  to develop a  pretreatment  program  will  be  con-
trolled by the applicable NPDES state or EPA.

With regards  to  pretreatment  programs  for POTWs,  the Consolidated Permits
Regulations   require  that POTWs:   (1)  identify, in terms  of character  and
volume  of  pollutants,  industrial   users,  subject to pretreatment standards
under  Section  307(b)  of the CWA and Part 403 of Title 40 of CFR; and, (2) sub-
mit  local programs,  when  required by and  in  accordance with  Part 403.   When
required, such  local  programs will be incorporated into the permit as describ-
ed in  Part 403  (see Section 403.8(b).

The  Consolidated  Permit Regulations published  on May  19,  1980,  Volume  45,
page 33290 of The Federal  Register, fully implement the NPDES permit program
requirements  and  should  be referred to for more detailed  information.   They
include  the  following  Parts  of Title 40  of the Code of Federal  Regulations:

     0    Part  122 - Permit Requirements;

     0    Part  123 - State Program Requirements;

     0    Part  124 - Procedures for Decision-Making;

     0    Part  125 - Criteria  and Standards  for the National Pollutant Dis-
          charge Elimination System.
                                   III-2

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IV.  GENERAL PRETREATHENT REGULATIONS (40 CFR 403)


The "General Pretreatment  Regulations  for Existing and New Sources of Pollu-
tion", (Title 40  of  CFR),   establish the  responsibilities  of  government  and
industry to implement the following pretreatment objectives:

     (1)   prevention of  the  introduction of pollutants into POTWs which will
          interfere with  the operation  of the plant  and disposal of  the
          sludge;

     (2)   prevention of the introduction of pollutants which will pass through
          or are incompatible with the POTW; and

     (3)   the improvements, of  opportunities  to recycle and reclaim municipal
          and industrial  wastewater and sludge.

Section 403.8 "POTW  Pretreatment  Programs:  Development by POTW" defines the
primary methods  and responsibilities for implementing pretreatment objectives.
Section 403.8 requires any POTW (or  combination of POTWs  operated  by  the  same
authority) with a  total  design flow greater than  5  million gallons per day
(mgd)  which  receive  pollutants from Industrial Users which  pass through or
interfere with  the  operation of the POTW or are otherwise subject to section
307(b) or  (c) standards  to establish a  Pretreatment  Program.   The Regional
Administrator or State Director may require a POTW with a design flow of 5 mgd
or  less  to develop a  Pretreatment  Program if the nature  or  volume of the
industrial influent causes treatment process upsets, contributes to violations
of  the POTW's effluent limitations,  causes contamination  of municipal  sludge,
or  otherwise causes  interference  or  the  pass  through  of  pollutants.

The elements  of an approvable pretreatment  program  include the requirement
that the  POTW have legal authority  enforceable in  Federal,  State, or local
courts to:

     (1)   enforce national and local  pretreatment  standards,  through  permits,
          contracts or orders;

     (2)   require  the  development of  compliance  schedules by  industry  for
          installation of technology necessary to meet applicable pretreatment
          standards;

     (3)   carry out  inspections and  monitoring  to determine  compliance  by
          industrial  users with the applicable pretreatment  standards; and

     (4)   develop effective  sanctions  and remedies to ensure compliance with
          any pretreatment standards and requirements;

Also,  the POTW must develop procedures enabling it to:

     (1)   identify all possible  industrial  users  that may be subject to pre-
          treatment requirements;

     (2)   identify  the  pollutants  contributed by  such  industrial users;
                                   IV-1

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     (3)  provide notice to  affected  industrial  users of any requirements to
          which they may be  subjected  (including  pretreatment  standards);  and

     (4)  sample and analyze and  inspect  the  effluent  of  industrial  users  and
          investigate instances of  noncompliance  with pretreatment standards
          and requirements.

These requirements are  to  be reflected in  a  program description, complying
with Section 403.9(a)(l)(4), submitted and  approved  by the  State  Director  (in
NPDES-delegated states with pretreatment program approval) or the EPA Regional
Administrator (in NPDES nondelegated states).  Also, to accelerate development
and implementation of pretreatment programs by POTWs,  industrial users will be
subject to reporting  obligations set forth in Section 403.12.

To  insure  that POTWs will  carry out  the above  requirements  in  a timely
fashion, approval of  pretreatment programs will  be  required no later than 3
years after the reissuance or modification of its NPDES permit, but in no  case
later than July 1, 1983 (see also Section VII).

An  important  factor  to  be considered by  POTWs  in  developing  pretreatment
programs is the  extent  to  which the treatment plant will remove toxic pollu-
tants (pollutants subject  to the  categorical  standards).   Such  removal  poten-
tial may  be  significant in allowing some  revision  of pretreatment  standards
when  the  major objectives  of  Part 403 are not impaired.  Details on  the
criteria and  procedures  to be  used  in  revising  pollutant  discharge  limits  can
be  found  in Section 403.7.   Also,  variances from  categorical  pretreatment
standards for  factors  relating to an  existing  specific  industrial  user  that
are different  from  those considered by the  Agency  in developing  categorical
pretreatment  standards  can be  obtained  pursuant  to  Section 403.13.
                                   IV-2

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V.   CONSTRUCTION GRANTS REGULATIONS  (40  CFR Part 35) ON MUNICIPAL PRETREAT-
     MENT PROGRAMS


For those POTWs  (including NPDES and  non-NPDES dischargers)  that  are  required
to implement  pretreatment programs under  the General  Pretreatment Regulations
(40 CFR Part 403), EPA will  provide Federal  funds to assist in the development
of an approvable municipal  pretreatment program.   POTWs may request this fund-
ing assistance  through  amendments  to  their ongoing Step 1, Step 2, or Step 3
construction grants, or  through  a  separate grant specifically  for pretreat-
ment.   The  scope of work of an  approvable  program, and grants eligibility
for the development of an approvable program will be discussed in Section VII.

In addition,  to enable  the  POTWs  to  meet  their NPDES permit  conditions,
including pretreatment  requirements,  EPA  requires  the POTWs  to develop
their pretreatment program based on the following schedule:

     (1)  In the Step  1  application,  the plan of study must include develop-
          ment  of  an approvable pretreatment program  (40  CFR 35.917-l(k)).

     (2)  After December 31, 1980,  a Step 2 application must include completed
          items  required by  40 CFR 35.907(d)(l), (d)(2) and (d)(4).  (40 CFR
          35.920(b)(a)).  This requirement  automatically applies  to Step
          3 applications after that date.

     (3)  A  pretreatment program  satisfying both  40  CFR 35.907(d) and
          40  CFR 403.8 must  be completed  in accordance  with the schedule
          for  the  development  of  a  pretreatment program prescribed  in  the
          POTW's NPDES  permit, or  in  absence of  a  permit  schedule by  December
          31,  1981,  and  in  any event no  later than July 1, 1983.  Otherwise,
          no  new Step  3  grant  will  be awarded.   A municipality  with more than
          one  POTW  should have  a  single schedule  for  pretreatment  program
          completion.

     (4)  To  receive grant  payments  beyond 90  percent,  for a  Step  3  or
          Step  2 and 3 project  awarded  after October 1, 1978, the grantee
          must have an approved pretreatment program, or otherwise demonstrate
          to  the  Regional  Administration that significant progress has  been
          made  (and  is likely to  continue)  toward the development  of  an
          approvable  pretreatment  program,  and  that withholding  of  grant
          payments  would  not  be  in  the  best interest of  protecting the
          environment.
                                    V-l

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VI.  RESIDUE/SLUDGE MANAGEMENT CONCERNS


Municipal Sewage Sludge

Regulations for the  utilization  and disposal  of sludge are needed to provide
for  its  safe  management  and  to  protect human health  and  the environment.
Regulatory requirements that  have  been developed by EPA are  having a major
impact on  the POTW's ability  to manage municipal sewage sludge.   USEPA Office
of Water Programs is  preparing  a  guidance document entitled,  "A Guide  to
Regulations and Guidance  for  the Utilization and Disposal  of  Municipal Sewage
Sludge."

The document provides concise up-to-date guidance on all  relevant regulations.
Included as background information  is the current proportion of sludge handled
by the described alternatives, salient technical  facts, limitations, and other
information that  helps establish  the current status.  The applicable laws,
regulations, and  guidelines  are  brought together for  each  method of sludge
disposal.  The procedures  given for implementing a described method show which
regulations need  to  be  addressed and  how to meet the regulatory  requirements.
The guidance also indicates problems that are not addressed by the regulations
and  suggests possible  solutions  to these problems.   It includes sections on:
incineration,  composting,  surface  impoundment,  ocean  dumping, landspreading,
and distribution to the general public.

The  current strategy for  regulating sludge within  the Agency calls for the
development of  comprehensive  sludge regulations  by  the Office of Solid Waste.
The  guidance document  is  an  important step in the Agency's effort to develop
this regulation.   The  existing regulations  are  scattered throughout  The  Fede-
ral  Register.    They  have  been developed  under the authority of at least  seven
laws—the  Clean Water  Act (CWA)  (PL  95-217), the  Resource Conservation and
Recovery Act  (RCRA)  (PL 94-580), the  Marine  Protection Research and Sanctu-
aries  Act  (PL 92-532), the  Clean  Air Act (PL 91-604  and  95-95), the Safe
Drinking Water  Act  (PL 93-523), the National  Environmental  Policy  Act  (PL
91-190), and  the  Toxic Substances   Control Act (PL 94-469).   In  brief, summa-
ries of  how each  of these Federal  laws  apply to sludge management are con-
tained  in  Table 3.   Table 4  presents major  areas of impact within Subtitles C
and  D of RCRA.

Industrial Residuals
The  General  Pretreatment Regulations  will  affect the introduction of  non-
domestic  wastes  into POTWs.   Pretreatment Standards  may,  in some cases,
require  industrial  users  to reduce or eliminate  the amount of pollutants (or
alter  pollutant  properties)  before  discharging  wastewaters  into POTWs.

industry  compliance with these  standards will  improve  the  potential  for
recycling municipal  sludges  because of the absence of toxic  pollutants; how-
ever, the residuals generated by industry during  pretreatment will be of great
concern.  In  an  effort  to assist POTWs and their respective  industrial users
with  solving  waste management  problems,  USEPA,  Office  of Enforcement, is
developing  a  document entitled  Industrial  Residuals  Manual.   This document
brings  together  the most current and available information on residual waste
management  options and  requirements,  legislative and  regulatory conside-


                                   VI-1

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rations,  wastewater  pollutants,  categorical  industries  affected by  Federal
pretreatnent  standards,  and  pretreatment  and sludge  management  technologies.
Publication  is  scheduled for the  Fall  of 1980.

Considerations  for  cost-effective  sludge/residuals  treatment and  disposal
options  are  also  covered  in  this  document.   The  following  flow  diagram
represents  an approach  that  addresses the  economic impacts  and cost-effective
solutions  possible  under an  integrated waste management plan.   Studies  to
evaluate  and determine  the  cost-effective alternatives for industrial  resid-
uals  and  municipal  sludges  can be considered  grant eligible on a case-by-case
basis.
                              MUNICIPAL PROGRAM                 DEVELOPMENT
                            IMPLEMENTATION/MONITORING            OF MUNICIPAL PROGRAM

                       PRETREATMENT - - —SEWER - — POTW        • RECEIVING
                                                                           W A 1 1 K 5
                        RESIDUE
                          I                                  (MUNICIPAL)



                                       REllM/SLUDG?
                                       DISPOSAL OPTION
                                     VI-2

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                              TABLE  3

     FEDERAL LAWS  APPLICABLE TO  SLUDGE  MANAGEMENT
Clean Water Act of 1977. PL 95-217  (CHA) and the Federal  Water Pollution
Control  Act of 1972. PL jZ-sQO (F¥PCA1. Authorizes Federal  funding  of  up
to 75 percent  (35  percent  for innovative and alternative  technology pro-
jects)  for  the construction  of wastewater  treatment  plants  and  sludge
management operations; requires EPA to issue comprehensive sludge manage-
ment guidelines and regulations; authorizes the NPOES (National Pollution
Discharge Elimination SYstem)  for point source discharges  and development
of areawide  waste  treatnwnt  or water quality management  plans  for non-
point source  pollution; and  requires  tne  implementation  of pratreatment
standards for industrial discharges that enter POTUs.

Resource  Conservation  and Recovery Act of 1975, PL 94-580 (RCRA).   Pro-
vides financial assistance to state and local governments  for development
of  solid  waste management  plans;  provides  that technical  assistance  be
developed  for  solid  waste  management  methods;  requires  regulations
involving the closure or upgrading of existing open dumps; requires regu-
lations  for the  safe  disposal  of  hazardous  waste; and  encourages  the
research  and  demonstration  of more  effective  solid waste  disposal  and
resource conservation technologies.

Marine  Protection   Research  and  Sanctuaries   Act  of  1977.  PL 92-532
(MPRSA).   Phases   out  ocean  disposal  of  sewage sludge oy  December  31,
1981.   MPRSA  also  gives  EPA  the  authority  to determine  a  reasonable
compliance   schedule  for   the  implementaiton  of  land-based  disposal
alternatives.

Clean Air Act  Amendments of 1970 and  1977. PL 91-604 and PL 95-95   (CAA).
Authorizes  the development of  State  Implementation  Plans  (SIPs)  for the
purpose of  meeting minimum  Federal  ambient air  quality  standards.   To
meet  the CAA objectives, EPA has  developed  an emission offset policy for
new  or  modified incinerator facilities and a procedure  for preventing the
significant  deterioration  of  ambient air quality.   CAA  also authorizes
regulations  for  the  control  of hazardous  air pollutants  and new  source
performance  standards.

Safe  Drinking  Water Act of  1975, PL  93-523  (SDWA).   Requires coordination
with  the  CWA  and  RC3A to  protect  drinking  water  from  contamination.

National Environmental  Policy Act  of  1969,  PL  91-190 (NEPA).   Authorizes
Regional  Administrators, at  their discretion,  to reouire Environmental
Impact  Statements (EIS) (40  CFR), Part  6)  if  an adverse social, economic
or  environmental  impact is suspected  for a  new  or modified sludge  dispo-
sition  facility or practice.

Toxic   Substances   Control Act  of  1975,  PL 94-469  (TSCA),  Section 9.  Re-
quires  coordination  witn  tne  Clean Air   Actand Clean  water  Act  to
restrict  disposal  of  hazardous  wastes.   Presently only PCS  (polychlori-
nated   biphenyl)  is regulated  in regards  to sludge  disposition.   If  a
sludge  contains greater  than 50  pom PCS then  the  disposition practice
must comply  with  PCS regulations  (40  CF3,  Part 751).
                             VI-3

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                          TABLE  4

            MAJOR AREAS OF  IMPACT  -  RCRA
Subtitle C -  Hazardous-Waste  Management

0    Section  3001  - Identification  and listing  of  hazardous wastes
     (December 1978)  (ignitable,  corrosive,  reactive, or  toxic).

°    Section  3002  - Standards applicable  to  hazardous-waste genera-
     tors (December 1978)  (records,  labeling, containers,  chemical
     composition,  manifest  system,  periodic  reporting of  auantities
     and disposition of  wastes generated).

0    Section  3003  - Standards applicable  to  hazardous-waste trans-
     porters.  Proposed  regulations  (April 28,  1978)  (records,
     transport labeled wastes only,  manifest system,  transport  to
     permitted disposal  site  only).

8    Section  3004  - Standards applicable  to  management  of hazardous-
     waste treatment, storage and disposal  facilities (December
     1978) (records; reporting, monitoring,  inspection, compliance;
     history; location,  design and construction of facilities;  con-
     tingency plans; operation, maintenance, ownership, personnel,
     and financial responsibility; permit compliance.)

0    Section 3005  - Permits for treatment,  storage or disposal
     facilities.  Effective 6 months after regulations  are promul-
     gated.  (Permit application, issuance,  interim permits  for
     facilities in existence as of October 21,  1976 - complied  with
     preliminary notification requirements  and  application filed
     prior to effective date of regulations.)

 0    Section 3006 - Authorization of State programs.  Federal  guide-
     lines to be published.   In general,. States will  regulate.

 Subtitle D - Non-hazardous Waste Management - State or  Regional
 Solid Waste  Plans

 3    Section 4004 - Guidelines for plans.  (Environmentally  sensi-
     tive areas such as:  wetlands, etc.; surface  water;  ground-
     water;  air; land application consideration such as pathogens,
     Cd, etc.; disease vectors; safety.)
                              VI-4

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VII. SCOPE OF WORK, DEVELOPMENT SCHEDULE AND GRANTS ELIGIBILITY

Federal  funds (maximum of 75 percent of total  costs)  to assist POTWs in devel-
oping approvable pretreatment programs will  be available through 201 Construc-
tion Grants  and  governed  by the Construction Grant Regulations  (40 CFR Part
35).  POTWs  may request funding through  revision  of  amendments to ongoing
Step 1, 2, or 3  grants or through a separate  grant specifically  for pretreat-
ment.   Costs incurred  for  pretreatment  programs  developed prior  to  the
effective date  (September 28,  1978)  of the pretreatment requirements  in  the
Construction Grant  Regulations  however, are not  reimbursable.  Work performed
after that date  to  an existing  program  in order  to comply with Federal guide-
lines or  to  develop new programs is fundable.  40 CFR  35.907  (d) outlines  the
items included  in  the development of a  pretreatment  program to ensure its
                                    Federal  funding.    Any  of the fundable
                                   performed  by  the POTW  itself using force
                                   accordance with 40 CFR 35.935-14 or may be
eligibility and  approvability  for
pretreatment program items may  be
account procedures if approved  in
contracted to  consultants.
Additionally, equipment and facilities necessary to implement the pretreatment
program are  also  grant eligible.  However, any purchase of monitoring equip-
ment or construction  of facilities for monitoring equipment may only proceed
after the pretreatment program is approved and readily implementable.  Section
F of this  package provides a brief discussion of monitoring equipment costs,
and operating personnel requirement information.

There can  be as many  as four  segments in  the development of pretreatment pro-
grams.  These four segments are  as follows:

Segment 1.   Development of items d(l), (2),  and  (4)  under 40  CFR 35.907 for
             Step  2 applicants.

Segment 2.   Development of items d(3)  and d(5)-d(9)  under 40  CFR 35.907 for
             Step  3 applications.

Segment 3.   Purchase  of monitoring equipment  and  construction of facilities
             for monitoring equipment,  if necessary, after the program  is
             approved and readily implementable.

Segment  4.   Additional work  on  d(l)-d(9) (including equipment,  facilities)
             needed as  a result  of newly  developed  (not  modified) categorical
             standards,  and general pretreatment regulations.

Any  grant  application can include costs  for all the  four  segments,  or a  por-
tion  thereof,  and will  be subject to EPA/State  approval.  If a  grant  is
awarded  for work  under more  than one segment,  the  detailed scope of the  next
segment  should be  reviewed  upon completion  of  the previous  segment.

The  June  27, 1980,  class deviation on pretreatment program submissions  in the
construction grants  program  requires  that workplans must be submitted detail-
ing  the  schedule  to meet  the Steps  2 and 3 grant  applications requirement.
This requirement  can  be met by any of the following:
                                    VII-1

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     1.   An already  submitted  plan of  study  for the pretreatrcent  program
          which includes a  schedule  to  meet the  Step  2  and/or Step 3 grant
          application requirement.

     2.   Evidence that Step 2  and/or  Step 3 grant application requirements
          have already been met.

     3.   As part of  grants  application plan of  study  for the pretreatment
          program development.

     4.   A development  schedule  indicating milestone  points  to  meet the
          required submission dates  for Step 2 or Step 3 grant applications.

A detailed  description  of  the  work for  each item under  each  segment is dis-
cussed as follows:

Segment 1.  Items d(l),  d(2),  and d(4)  of  §35.907  for Step 2  Application.

     (1)  Item d(l):   Industrial Waste Survey

          All   industrial  users  of the  POTW  must  be  identified.  Industrial
          users,  as  classified and  identified  in the  user charge  system,
          should  be  used  as a  base for this identification.   Subsequent to
          identification,  all  industrial  users  must be notified to  report to
          the POTW their industry classification  and the general discharge and
          flow  characteristics.   A model  questionnaire (Appendix  C)  illu-
          strates the  type of  information to be  included.  It  is anticipated
          that  follow-up  activities will be necessary  to  obtain  the infor-
          mation  required.   Follow-up  letters  and meetings may be  adequate,
          but  in certain cases exercise  of legal  authorities may be  necessary.
          Upon  receipt of all   industrial  information,  the industrial users
          must be categorized by SIC code.

          In  addition,  under §35.907(f),  the  costs  of a  limited amount  of
          end-of-pipe  sampling  and associated  analysis of industrial  dis-
          charges to a municipal  treatment  works properly allocable to  the
          municipality are  allowable  if the  grantee  obtains the prior written
          approval of  the  Regional  Administrator  [see  §35.940-3(f)]. The  pur-
          pose of such  sampling includes the following:   (i)  verification of
          data provided  by those  industrial  dischargers  which  may  have  a  sig-
          nificant adverse  impact  on the POTW; (ii) sampling of recalcitrant
          industrial   users  which  are suspected to have a  significant adverse
          impact on the POTW and have refused to  provide the required informa-
          tion concerning  their discharge;  (iii)  sampling  to  determine  inter-
          action  of  industrial  pollutants  from  various sources where  such
          interaction  is  suspected  to  occur and  further suspected  to have an
          adverse impact  on  the POTW;   (iv)  sampling to determine interaction
          or effect  due  to other suspected  sources such as non-point or  non-
          industrial   sources  from which  a  POTW  is experiencing an adverse
          impact.

          Appendix C  contains  a Table  (pages C-6 and C-7) that can  be useful
          in  identifying  potential  impacts of priority pollutants  from cate-
          gorical industries  and minimizing sampling  and  analysis   costs in
          developing a pretreatment program.

                                   VII-2

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     (2)   Item d{2):   Evaluation of Legal  Authority

          Concurrent  with identification of industries, the municipality must
          review its  existing ordinances and other legal authorities  to moni-
          tor and  regulate  the discharge  of  wastes  from non-domestic dis-
          chargers.  In particular, the legal authority to require  submission
          of discharge-related  information must  be  assessed.  If  adequate
          legal  authority does not exist to require the submission of informa-
          tion by  all  industrial  users,  such authority must  be established.
          The review  of  legal authority must embrace  all  elements of sub-
          section 403.8 for development of the complete pretreatment  program.
          Upon  completion  of  this  review, any  necessary  changes  to the
          existing  ordinances or other legal authorities must be  developed to
          provide  for  implementing  the  provisions  of  Subsection  403.8.
          Particular  attention  must be given to  multi-municipal  systems  to
          ensure that  the permittee has  proper jurisdiction  over all  indus-
          trial  users within the permittee's service area.

     (3)   Itemd(4):   Technical  Information

          The information obtained  from  the industrial survey should be used
          to highlight those  pollutants  which the POTW should sample for  in
          its influent and  effluent.   In  some cases the POTW's influent and
          effluent may be scanned  (gas chromatography/mass spectrometry)  for
          all the 129 EPA Priority Pollutants.

          The results  of  the  sewage treatment plant's samples should be an-
          alyzed to  determine  removal  in  existing  treatment works and the
          tolerance to those  "significant" pollutants  found   (i.e., the pro-
          hibited  pollutants—40  CFR 403.5—and  those that  pass  through  in
          such quantities that cause water quality or NPDES permit violations,
          or interfere with  the operation of the works or sludge treatment,
          reuse, recycle, or  disposal).  For treatment works   not yet  in exis-
          tence, these analyses, if necessary, must be performed  in the design
          phase of the treatment  works.   For the "significant" pollutants in
          the POTW's  influent and/or effluent, quantitative information should
          be obtained  from  the  industries inventoried in item 1 above to the
          extent such  information  was  not previously  submitted  with the
          questionnaire.   (Note:  Limited  end-of-pipe  sampling and  associated
          analysis  eligibility was discussed under item d(l)).  This  technical
          information  is  required to support development  of  the  industrial
          waste  ordinance  (or  other  enforcement  mechanism) and  after
          December 30, 1980  must be part of a Step 2 Construction  Grant
          application.  The final determination of specific pollutant 1imita-
          tions  for  the  "significant" pollutants present must be completed
          prior to grant application.  See Segment 2,  items d(6)  and  d(7)  for
          additional  guidance in determining local standards.

Implementation of the pretreatment program will  generate additional  quantities
of hazardous and/or toxic residuals, thus the following residual  tasks must be
performed as a condition  of  grant funding.  (Note:  The following  requirements
are not mandated by  the  general pretreatment regulations and thus  need  not
necessarily  be  implemented  by POTWs developing pretreatment   programs  without
construction grant  assistance):


                                   VII-3

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          a.    Survey industrial contributors to treatment works to determine
               type and quantity of residuals generated presently and estima-
               ted to be generated  due  to compliance with upcoming pretreat-
               ment standards.   (See  Appendix  C—Model  Industrial  Question-
               naire attached.)  Estimates are satisfactory based upon analy-
               sis  of  the  industries  in the  various  SIC  categories.

          b.    Determine  whether individual generators of residual waste  plan
               to dispose of it on site in the political jurisdictions served
               by the  POTW  sewer system.  Advise  such  industries  of their
               obligations  under the  Resource  Conservation  and Recovery  Act
               (RCRA).

Segment 2.  Items  d(3)  and d(5)-d(9)  of §35.907  for Step 3  Application.

     (1)  Item d(3):  Evaluation of Financial  Program

          An   overall evaluation of financial  capabilities and  systems  to
          properly finance  the pretreatment program, monitoring techniques and
          equipment  and  technical   information  necessary to  implement  the
          pretreatment  program  must be  conducted.   The user charge system is
          available  for  implementation  of  the  pretreatment program.

          The costs associated  with administering  the industrial aspects  of
          the  local  program should be  recovered  proportionately  from  the
          indirect industrial  dischargers using the POTW.

     (2)  Item  d(5):   Design  of  a  Monitoring  Enforcement Program.

          The  permittee must  notify all affected  industrial  users of appli-
          cable local,  State or Federal  pretreatment standards.  The permittee
          is  responsible for obtaining  detailed  information on the industrial
          discharges,  schedules to come  into  compliance with pretreatment
          standards and  all other  requirements  of Subsection 403.12.  The
          municipality must develop a  program to  monitor  compliance  of the
          industrial users  with the pretreatment  requirements in accordance
          with 403.12.

     (3)  Item d(6)  and  d(7):   A  Determination of  Pollutant Removals in
          Existing Treatment Works and Tolerance to Pollutants which Interfere
          with Its Operation,  Sludge Use, or Disposal.

          These  items  expand on the need  for technical  information determined
          under  item  d(4).   The determination  of  pollutant  removal  in an
          existing treatment facility is  necessary to adequately protect the
          treatment, the  sludge utilization or  disposal  operation and the
          receiving waters.   Determination of design parameters needed to pro-
          perly design a treatment  facility (accounting  for categorical stan-
          dards  application to non-domestic users)  is  required  to  insure
          proper operation of the POTW.   This information is requird to assist
          the POTW in determining specific local  prohibitive standards or more
          strigent categorical   standards.  Determination of specific pollutant
          removal for  the purpose  of  establishing removal  credits  for indus-
          trial users is not grant eligible.


                                   VII-4

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     (4)   Items  d(8)  and  d(9):   Monitoring  Equipment  and  Facilities.

           he POTW is required  to  develop a list of equipment for monitoring
          and analysis of  industrial  discharges  to the municipal  system that
          would be required to  implement  the proposed compliance monitoring
          program.  Costs of such equipment will ordinarily be part  of  a Step
          3 Construction Grant  application  and  are subject to Program Opera-
          tions Memorandum 78-4 for eligibility  determination.  A grantee  may
          acquire such  equipment  to serve multiple  jurisdicitons  if agreed
          upon by those  jurisdictions  where such  a  regional  approach would
          make cost-effective  purchase of necessary equipment.

          As  appropriate,  the  POTW  is  required to  determine  the  need for
          construction of  facilities  to  house  the monitoring and analysis
          equipment  necessary  to  the  pretreatment program for controlling
          industrial  wastes.

          These total costs have  to be cost-effective in  order  to  be grant
          eligible.

Segment 3.  Purchase  of  Monitoring  Equipment and Construction of Facilities.

The purchase  of  required monitoring equipment and construction of facilities
for housing  the  equipment, if  necessary,  is grant-eligible after  a local  pre-
treatment  program is  approved  and ready  to  be  implemented.   Eligibility  is
limited  to required  equipment  for administering  and  operating the local
program  at the time  of  approval.   Equipment and facilities expected  to  be
required  for  future  program  needs will be  considered  for  funding  under Seg-
ment 4.

Segment 4.  Additional  Efforts for Newly Developed  Categorical Standards  and
            General  Pretreatment Regulations.

Additional  efforts  on  items  d(l)-d(9),  including monitoring  equipment and
facilities, required  as  the result of newly developed  (not modified)  categori-
cal  standards and general pretreatment regulations  will  be grant eligible.
This  provides flexibility in  the grant program  and allows the grantee to  be
responsive  to future  requirements as necessary.

This segment  is necessary in view of the  delay in  the  development of categori-
cal standards  and general pretreatment  regulations.  Making additional  efforts
eligible  would  allow the grantee  to  only  purchase  and  construct  the  equipment
and  facilities that  are necessary for immediate  implementation, yet still
provide  a mechanism  by  which  future  equipment and  facilities  can  be  purchased
with  grant assistance.   This  approach  allows the grantee  to meet  the require-
ment  under all  the  applicable  categorical standards and  the general  pretreat-
ment  regulation.

In  reference  to NPDES permit  requirements,  Section  307(b) and 402(b)(8)  of
CWA require the permittee to meet  a  compliance schedule  for  the  development
of  an approvable local  pretreatment  program.   Table  5  shows the specific
activities  (1-8)  to  be  covered in  the permit compliance schedule.   These
activities  are cross referenced to item d(l)-d(9)  in §35.907  of  the  Construc-
tion  Grant  Regulation.   In  any  event,  the  permit requirements  govern.


                                   VII-5

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                                  TABLE  5

              MODEL  PRETREATMENT COMPLIANCE  SCHEDULE
ACTIVITY        REFERENCE
   NO.           §35.907                 ACTIVITY                      DATE
                 d(l)        Submit the results of an Industrial
                             user survey as required by 40 CFR
                             403.3(f)(2)(i-iii), including iden-
                             tification of industrial users and
                             the character and volume of pollu-
                             tants contributed to the POP4 by the
                             industrial users.

                 d(2)        Submit an evaluation of the legal
                             authorities to be used by the per-
                             mittee to apply  and enforce the re-
                             quirements of Sections 307(b) and (c)
                             and 402(b)(3) of the Clean Water Act,
                             including those  requirements outlined
                             in 40 CFR 403.8(f)(l).

                 d(4)        Submit a determination of technical
                             information  (including specific re-
                             quirements  to specify violations of
                             the  discharge prohibitions in 403.5)
                             necessary to develop an industrial
                             waste  ordinance  or  other means of
                             enforcing pretreatment standards.

                  d(3)         Submit an evaluation of the
                              financial and revenue sources,
                              as  required  by  40 CFR 403.8(f)(3),
                             which  will  be employed  to  implement
                              the  pretreatment program.

                  d(5)         Submit design of a  monitoring
                              program which will  implement
                              the  requirements of 40  CFR
                              403.8  and 403.12,  and  in  particular
                              those  requirements  referenced  in 40
                              CFR  403.3(f)(l)(iv-v),  403.3(f)(2)
                              (iv-vi)  and 403.12(h-j),  (1-n).

                  d(8)         Submit list of  monitoring  equipment
                  d(9)         required by the POTW to  implement
                              the  pretreatment program  and  a des-
                              cription of municipal  facilities to
                              be  constructed  for  monitoring  or
                              analysis of industrial  wastes.

                  d(6)   .      Submit specific POT-rf effluent  limi-
                  d(7)         tations  for prohibited  pollutants
                              (as  defined by  40  CFR 403.5)  contri-
                              buted  to the POTW  by industrial  users.

                              Submit a request for pretreatment
                              program approval (and removal  credit
                              approval,  if desired) as  required  by
                              40  CFR 403.9.
                                      VII-6

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Eligibility for specific  items under  the development of a  local pretreatment
program are covered in Table  6.
                                           TABLE  6

                        ELIGIBLE COSTS FOR THE  DEVELOPMENT  OF
                   AN  APPROVABLE  MUNICIPAL  PRETREATMENT PROGRAM
                           Task

             1.   Identification and  survey of industrial

                  A.   Inventory of existing information

                  8.   Acquisition of additional  information

                      (1)  Questionnaire/direct  contact
                      (2)  Limited end-of-pipe sampling


             2.   Review of legal authority

                  A.   Assessment of current authorities

                  8.   Develop alternative control  approaches

                      (1)  Contract
                      (2)  Permit
                      (3)  Ordinance
                      (4)  Evaluation of intermunicipal
                           approaches
                      (5)  Other

                  C.   Selection of most appropriate
                      inechanism(s)

                  0.   Preparation of documents necessary  to
                      establish authority for and  implement
                      the pretreatinent program (e.g.,  legis-
                      lative proposals)

             3.   Evaluation and selection of a revenue
                  source for pretreatiaent program imple-
                  mentation

             4.   Determination of technical information to
                  support ordinance or standards
                  A.   Prohibited  and "significant"  discharge
                      pollutants

                      (1)  Identification of problems  in
                           operations
                      (2)  Development of POTW tolerance  to
                           problem  pollutants

                           (a)   review of operating history
                           (b)   review of literature
                           (c)   review of limits for problem
                                pollutants which may also  be
                                subject to categorical  dis-
                                charge standards

                      (3)  Development of specific  limits  for
                           prohibited and "significant"
                           pollutants
Eligibility
Yes
Yes
Yes
Item
Referenced
in 535.907
1(1)


     Yes
Yes, with  prior RA
written approval

     Yes

     Yes

     Yes
d(2)
     Yes




     No



     Yes


     Yes



     Yes


     Yes

     Yes
1(3)

d(4),
d(6),  and
d(7)
     Yes
                                               VII-7

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                          TABLE 6  (Continued).
          Task

          (1)
Information management
systems necessary to
Integrate all  facets  of
the program
          (2)   Staffing  levels  required

          (3)   Laboratory/equipment/
               construction  needs

5.   Public Participation

     The purpose of this item is  to
     inform the general  public  and
     affected  industries of  the struc-
     ture that the program  is taking

     A.   Preliminary Meeting

          discuss approach;  alter-
          natives to be  considered;
          highlight known  problems

     B.   Midpoint Meeting

          discuss items  covered to  date;
          present interim outputs  and
          future actions

     C.   Final Meeting

          present full program prior to
          a submittal for approval

7.   Monitoring, Sampling and Analysis
     Equipment for use by POTU

     Trucks

     Automobiles

     Equipment used by  industry
Eligibility




     Yes

     Yes


     Yes

     Yes
                                                      Item
                                                    Referenced
                                                    in §35.907
                                        Yes
                                        Yes
                                        Yes
                                   Yes, see Segment 3,
                                   Page VI1-5

                                   Case by case

                                   Case by case

                                        No
                                       YII-9

-------
     APPENDIX A



SAMPLE PLAN OF STUDY

-------
                             SAMPLE PLAN OF STUDY


I.   Background and Description of the POTW and Service Area.


II.  Industrial Waste Survey

The purpose of this task  is to identify and characterize the  industrial   users
of the POTW.  The tasks required are as follows:

     A.   Identification, review of potential sources:

          1.  Existing Sewer Authority Files;
          2.  City and State Industrial Directories;
          3.  Labor Department Records;
          4.  Property Tax Records;
          5.  Chamber of Commerce Rosters;
          6.  Census Bureau Records;
          7.  Local Telephone Directories;
          8.  Water Consumption Records;
          9.  Dun's Market Identifiers - Dun & Bradstreet;
          10. Part 4 of the Municipal Permit Application Form;
          11. Informative Data Company (IDC), St. Louis, MO; and
          12. Utility Company Records.

     B.   Characterizations

          1.  By SIC Category (type of industry) from:
              a.  questionnaire/direct contact
              b.  manual, by reference to SIC list
              c.  other

          2.  By pollutant type and quantity; for identified problem
              pollutants from:
              a.  questionnaire/direct contact
              b.  sampling program
              c.  estimates

     Data developed during this phase will be manually entered  in a centralized
     file, which will identify the industry, its location,  type  of discharge,
     potential problem pollutants and other issues pertaining  to the pretreat-
     ment management study.   This  information  will become part of the
     information management system developed under item IV.


III. Pretreatment Limitation Development

The purpose   is  to identify the current problems in operations resulting   from
the discharge of industrial wastes, if any, and the level of control  necessary
to overcome these  problems  and  to   integrate State and National pretreatment
standards which have been issued into the program.
                                    A-l

-------
    A.    Prohibited discharge pollutants

          1.   Identification of problems in  POTW  operations
          2.   Development of POTW tolerance  to  problem  pollutants
              a.  review of operating history
              b.  review of literature
              c.  review of limits  for  problem  pollutants  which  may  also  be
                 subject to categorical discharge  standards
          3.   Development of specific limits for  problem  and  prohibited
               discharges (40 CFR § 403.5)

     B.    Categorical  Standards Requirements

          1.   Review for applicability
          2.   Review for potential  for  deviations from  national
              standards, either by  local credits  or fundamentally
              different factors (optional/not grant-eligible)


IV.  Design of Monitoring Enforcement Program

The purpose is to establish  an  overall  approach to the  continuing management of
the program and ensuring compliance with pretreatment standards.

     A.    Identification and  analysis  of industrial waste contributions and
          actions to:

          1.   Develop  mechanisms  to meet minimum federal  standards
              a.  notify  industry of  specific categorical or
                  prohibited  discharge  limits, including future
              b.  receive  and  analyze  initial reports (403.12(b))
              c.  receive  and  analyze  schedule compliance
                  reports  (403.12(c))
              d.  receive  and  analyze  final  compliance reports
                  (403.12(d)
              e.  receive  and analyze  semi-annual  reports (403.12(e))
              f.  develop  modification  to categorical standard
                  reports  (403.7(c))  (optional/not grant-eligible)
              g.  develop  annual  report on  violators (403.3(b)  (VII))
              h.  develop  random sampling program  (see below)

          2.  Determine local  controls necessary to  insure compliance
              a.  develop sampling needs and schedule  (403.8(f)(2)(v))
                  1)  random (at industry)
                  2)  periodic (at selected points)
              b.  develop noncompliance tracking procedures  (403.8(f)(2)(vi))

          3.  Perform limited amount of end-of-pipe  sampling of industrial
              effluent (prior written  approval of  RA required for grant
              eligibility)
                                     A-2

-------
     B.   Development of needs to accomplish monitoring program

          1.  Information management systems necessary to integrate
              all facets of the program.
          2.  Staffing levels required.
          3.  Laboratory/equipment needs established under item VI.


V.   Evaluation of Legal Authorities

The purpose of this section is to ascertain what actions are necessary to
insure that the community has adequate legal authority to enforce the pretreat-
ment program.  Minimum Federal requirements are set forth in 403.8, and require
the community to have the capability to:  (i)  control discharges to insure
compliance with pretreatment standards; (ii)  develop and enforce compliance
schedules and reporting requirements; (iii) carry out independent inspection,
surveillance and monitoring and; (iv) obtain injunctive relief and assessment
of penalties for noncompliance.

     A.   Assessment of current authorities

     B.   Develop alternative control approaches
          1.  Contract
          2.  Permit
          3.  Ordinance
          4.  Evaluation of intermunicipal  approaches
          5.  Other

     C.   Selection of most appropriate mechanism(s)

     D.   Preparation of documents necessary to obtain authority for and
          implement the control program (not grant-eligible)

A mechanism for reviewing a local ordinance to determine if  it is sufficient
to meet  the requirements of 40 CFR Part 403 is contained in  Appendix D of  this
guidance package.  Also included in  this Appendix is  a draft Model Ordinance.


VI.  Needed Equipment/Construction to  Implement the Program

     A.   Laboratory
          1.  Analyses  needed; type  and frequency
          2.  Purchase  cost vs. contract cost  (including regional approach)

     B.   Sampling
          1.  Sampling, type  and frequency
          2.  Equipment needed
              a.   fixed
              b.   portable  (motor vehicles, mobile  laboratory
                   facilities  are not grant-eligible)

     C.   Sitework  necessary  at approved municipal  sampling  locations
                                     A-3

-------
VII. Funding Necessary to Implement the Program

     A.   Capital costs; summation of A, S and C under item VI

     B.   Operating Costs
          1.  Labor
          2.  Supplies
          3.  Contracted services

     C.   Alternative sources of funding:
          1.  User Charges
          2.  Fee-for-service charges
          3.  Discretionary ICR receipts
          4.  Other


VIII. Public Participation

The purpose of this item is to inform the general public and affected  indus-
tries of the structure that the program is taking.

     A.   Preliminary meeting - to discuss approach; alternatives to be con-
          sidered; highlight known problems

     B.   Midpoint meeting - to discuss items covered to date; present interim
          outputs and future actions.

     C.   Final meeting - to present full program prior to a submittal for
          approval


IX.  Summary of Report

     A.   General findings; industrial  impact

     B.   Schedule of implementation

     C.   Schedule of submittal for approval

     D.   Costs and revenue sources


Preparation of Program Submission

The contents of  a POTW Pretreatment Program  Submission  must contain  suitable
information, in sufficient detail, to adequately demonstrate the POTWs ability
and plan of implementation to carry out the Pretreatment Program.

Prior  to  submission of  three  copies  of the  program description  to the NPDES
State Approval Authority  or Regional  Administrator of EPA  (for POTWs in non-
NPDES  States),  the POTW  should  provide information to  and  consultation with
interested and affected members of the  public.  A copy of the draft Submission
should  be  available  to  the  public  30 days  before  it  is  submitted  to  the
                                    A-4

-------
Approval  Authority.   This  draft  Submission  must  be  accompanied  by  a  fact
sheet, written  in  layman's  terms, adequately describing the POTW Pretreatment
Program  and  its   significance  and/or  any  request for  authority  to  modify
Categorical Pretreatment Standards for pollutants removed by the POTW.
                                    A-5

-------
           APPENDIX B






SAMPLE SPECIAL GRANTS CONDITIONS

-------
       Special Grant Conditions


                       Grant Increase for C-555555-01,

                 Municipal Pretreatment Program Development


1.      40 CFR  35.907 of  the  Construction  Grant  Regulations  provides  that the
       Regional Administrator  is  authorized to provide grant assistance  for
       the  development  of an  approvable  municipal  pretreatment program  as
       required by  40  CFR  403.   In  accepting  this grant  amendment,  the
       grantee agrees  to comply  with all  applicable  requirements of the
       construction grant and  pretreatment  regulations,  including  the  appro-
       val  data  requirements  set  forth  in 35.920-3(b),  35.920-3(c)(4),
       35.935.19 and 40 CFR 403.8(b).

2.      As set forth in  40  CFR  35.936-14,  the grantee must  secure  prior
       approval of  the force account method for any Step  1  work in excess of
       $10,000.  Before  EPA  approves the use of  force account, the  grantee
       must demonstrate  that  he possesses  the necessary competence required
       to accomplish such work and  that (1) the work can be accomplished  more
       economically by the  use of the force account method, or  (2) emergency
       circumstances dictate its use.  Force account costs  eligible for  grant
       participation may include costs for  labor, materials and other  out-of-
       pocket  expenses.   Such  costs as amortization of skunk costs or main-
       tenance costs for laboratory equipment  purchased by the grantee  are
       not  eligible force account costs.

3.      The  grantee  agrees that  all equipment  purchased with construction
       grant  funds  will  be  acquired  in accordance  with procurement require-
       ments set forth in 40 CFR 35.936.

4.      The  grantee  agrees to comply  with  provisions  of the Federal  regula-
       tions  under  40  CFR 35.936-7,  35.936-15  and  with other  requirements
       of Region 	  to make positive efforts to  utilize, to the maximum
       extent  practicable,  small and minority  A/E  firms  in completing  the
       pretreatment  program.   In  pursuing  this  effort  the grantee  is  to
       consider, as  applicable,  the course of  action  set forth in the above
       referenced  regulations  which were published  in The Federal Register
       on February  23,  1977.  Grant  payments  for this project will  not be
       made until  this  office is advised  that  minority and small business
       firms  have  entered into contracts to  perform  segments of  the  work,
       or until  evidence is  submitted which indicates an  acceptable  level of
       positive measures taken to utilize minority  and small  business  firms.

5.      The  grantee  agrees to  comply  with  all  applicable  requirements  of 40
       CFR  35.936  and  35.937  concerning  the  procurement of architectural  or
       engineering  services,  including those concerning  subcontracts  under
       subagreements for architectural  or engineering services.  In  addition
       to  copies of  proposed  subagreements  and  subcontracts  under  sub-
       agreements,  the  grantee agrees to  submit,  as a minimum,  documentation
       describing  the  consultant selection process,  basis  for  selection and
       negotiations  leading  to determination of  a  fair and reasonable price


                                    B-l

-------
       and time for completion  of significant project tasks.  No work shall
       be initiated and no  payment shall be made until EPA has notified the
       grantee of its  approval.

6.      Award  of  this  grant amendment does  not  obligate the United  States
       to fund any subsequent or  related  projects nor  any  findings or  recom-
       mendations which result from this project.

7.      EPA shall  have, at  all  times, complete access to all facilities used
       and all  records, data reports, etc. resulting from these studies.  The
       grantee further agrees,  at no additional cost  to the United  States,
       to furnish  one  reproduceable master and  3 copies  of all draft  and
       final  documents requested  by EPA and that the  use  of such documents
       shall  be determined  solely by EPA.
                                   B-2

-------
              APPENDIX C





SAMPLE INDUSTRIAL SURVEY QUESTIONNAIRE

-------
                    MODEL  INDUSTRIAL WASTE QUESTIONNAIRE
GENERAL INFORMATION

Standard Industrial Classification Code (SIC)
Company Name
Mailing Address
Address of Premises
Name and Title of Signing  Official
Contact Official
       Name
       Title
       Address
       Phone
The  information  contained in  this  questionnaire is  familiar to me  and  to  the
best  of my  knowledge  and  belief,   such  information  is  true,  complete,  and
accurate.
                                   Date     Signature of Official


PLANT OPERATIONAL CHARACTERISTICS
Brief description of manufacturing or service activity on premises:

                    Principal  Raw Materials Used:


Catalysts, Intermediates:
                                      C-l

-------
Principal  Product or Service (use Standard Industrial Classification Manual  if
appropriate)

Type     of     Discharge:     	     Batch    	    Continuous
If batch,  average number of batches/24 hrs 	

Is there  a scheduled shutdown?
When?

Is production seasonal?
If yes,  explain indicating month(s) of peak production
Average  number of employees per shift:	 1st;	 2nd;	  3rd
Shift start times:	 1st;	 2nd;	 3rd

Shifts normally worked each day:
     Sun     Mon     Tue     Wed     Thu     Fri     Sat
1st	   	  	  	  	  	  	
2nd	   	  	  	  	  	  	
3rd	
Describe any wastewater treatment equipment or processes  in  use:
Raw Water Sources:
Source                        Quantity
       	  	gallons  per  day
       	  	gallons  per  day
       	  	gallons  per  day
Describe any raw water treatment processes  in  use:
                                      C-2

-------
List Water Consumption in Plant

        Cooling water         	 gallons per day
        Boiler feed           	gallons per day
        Process water         	gallons per day
        Sanitary system          '	 gallons per day
        Contained in product  	gallons per day
        Other                 	 gallons per day
List average volume of discharge or water loss, to

        City wastewater sewer	gallons per day
        Natural  outlet       	 gallons per day
        Waste hauler         	 gallons per day
        Evaporation          	gallons per day
        Contained in product	gallons per day

Is discharge to  sewer: 	 Intermittent  	Steady

List plant sewer outlets, size, flow (attach and refer to map);
Is there a Spill  Prevention Control  and Counter-measure Plan in effect for this
plant?
                          Yes            No
Are any of the  toxic  pollutants listed in Table 1 being used at this facility
in manufacturing  of  the product or  is  a  by product which may  be  discharged?
If so,  please indicate by a check mark on  Table 1.
                                     C-3

-------
                                    TABLE 1

               65  Toxic Pollutants Listed In Consent Decree  and
                    Referenced In 307(a) of the CHA of 1977
Acenapthene
Ac role in
Acrylonitn'le
Aldn'n/Dieldrin
Antimony  and compounds
Arsenic and compounds
Asbestos
Benzene
Benzidine
Beryllium and  compounds
Cadmium and compounds
Carbon tetrachloride
Chlordane
Chlorinated benzenes
Chlorinated ethanes
Chlorinalkyl ethers
Chlorinated naphthalene
Chlorinated phenols
Chloroform
2-chlorophenol
Chromium  and compounds
Copper and compounds
Cyanides
DDT  and metabolities
Dichlorobenzenes
Dichlorobenzidine
Dichloroethylenes
2, 4-dichlorophenol
Dichloropropane &
  Oichloropropene
2, 4-dimethylphenol
Dinitrotoluene
Diphenylhydrazine
Endosulfan & metabolites
Endrin and metabolites
Ethyl benzene
Fluoranthene
Haloethers
Halomethanes
Heptachlor and metabolites
Hexachlorobutadiene
Hexachlorocyclopentadi ene
Hexachlorocylohexane
Isophorone
Lead and compounds
Mercury and compounds
Naphthalene
Nickel and compounds
Nitrobenzene
Nitrophenols
Nitrosamines
Pentachlorophenol
Phenol
Phthalate esters
Polychlorinated byphenyls(PCB)
Polynuclear aromatic
hydrocarbons
Selenium and compounds
Silver and compounds
2,3,7,8,-Tetrachlorodibenzo-
  p-dioxin (TCDD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxaphene
Trichloroethyl ene
Vinyl chloride
Zinc and compounds
NOTE:   List any other toxicants known or anticipated
       charge.
             to be present  in  the  dis-
                                      C-4

-------
PRETREATMENT

Is this plant subject  to  an existing Federal  Pretreatment Standard? 	
If so,  are  Pretreatment  Standards  being  met on  a  consistent  basis?

Are additional  pretreatment  facilities and/or  operation and  maintenance
required to meet  Pretreatnent  Standards?  If  additional  pretreatment and/or
operation and maintenance  are  required, list  the schedule by which  they will
be provided:

The following table lists the categorical industrial groups that may discharge
priority pollutants  to  the POTW.  The  pollutants noted are considered  signi-
ficant  in  the wastewater  discharge based on  a national  survey of industries
conducted  by EPA.   This does not  mean  that every facility within a specific
group discharges that pollutant; it does mean  that  there  is a  high  probability
that it  will  be in the discharge.  In  addition, it does not mean that there
is a high  probability that other  priority  pollutants will not be  found  in
significant  quantities  but  in  general,  the  manufacturing process  and raw
materials  do not lead to  the discharge  of these  pollutants.
                                     C-5

-------
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-------
               APPENDIX  D*
         ORDINANCE  REVIEW  SHEET
                    AND
         SAMPLE  MODEL ORDINANCE
* This draft model ordinance is being review-
  ed and will  be  included in the 304(g) pre-
  treatment guidance document to be published
  later in 1980.

-------
                            ORDINANCE REVIEW SHEET

                             INSTRUCTIONS FOR USE

Introduction

The ordinance  review  sheet is an aid to evaluation of the legal authority  of
publicly owned  works  to  carry out the requirements  and  procedures of  the
General Pretreatment  Regulations  For  Existing and  New Sources of Pollution of
40  CFR  Part 403.   It is  designed primarily for  review  of local statutes.
Legal  authority mechanisms other than statutes--contracts, joint powers  agree-
ments, and  local  administrative regulations—may satisfy the Federal  regula-
tory  requirements.   They  can  be reviewed  using  this form, if the  reviewer
makes  careful notes.
PART I
Part I  of  the Ordinance Review  Sheet  is essentially an outline  of the EPA
Model  Ordinance.   The  first  column  contains  two  types  of  notations:

        (1)     The  section  number in  which the  information  is found in the
                EPA Model Ordinance (Appendix B).

        (2)     Reference to  the General  Pretreatment Regulations 40 CFR Part
                403  which  either  requires  or describes  the  need  for  that
                item's  inclusion.

The  comments  column  is used to  compare  the local  ordinance and related  docu-
ments with  the  regulatory requirements and model  ordinance.   When the local
ordinance  adequately covers an  item,  the ordinance's corresponding  section
number  is  recorded.   Not all  the  items  are  required by law  or regulation;
their  inclusion is  considered desirable to  the  operation of an  effective
Pretreatment  Program.


PART II

The  General   Pretreatment Regulations  require POTWs  to have  adequate legal
authority  to  apply and to enforce the  requirements of Sections 307(b) and (c)
and  402(b)(8) of  the Clean Water  Act  and any regulations  implementing those
sections.  This authority must meet the  requirements  of Section 403.8(f)(l)  of
the  General  Pretreatment Regulations.   This section  contains  six  subsections
referenced  as 403.8(f)(l)i-vi.  Attachment I to  this Appendix presents  the
entire  wording  of these subsections and other  relevant sections  of 40 CFR
Part 403.

Part II is to be  used  as  an overall  summary  and  review of the subject ordi-
nance to  ensure completeness  and  compliance with  the minimum  requirements  of
Section 403.8(f)(l).    If the  subject  ordinance meets any of  these minimum
requirements, the  section  number(s) which achieves  compliance is  recorded  in
the  column  labeled "Overall Comments."
                                     D-l

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ORDINANCE NO.
MUNICIPALITY
ORDINANCE REVIEW SHEET

        PART I
            REFERENCE
EPA Model COMMENTS ON EXISTING
40CFR, Part 403 Ordinance ITEM ORDINANCE
Section 1
1.1
1.1
1.1
1.2
1.3
Section 2
403.5 2.1
403.5(b)(l) 2.1(a)
403.5(b)(2) 2.1(c)
403.5(b)(3) 2.1(b)
403.5(b)(4) 2.1(J)
403.5(b)(5) 2.1(1)

403.6 2.2
403.7 2.3
2.4
GENERAL PROVISIONS
Purpose
• Policy
Objectives
Definitions
Abbreviations
REGULATIONS
General Discharge Prohibitions
(1) fire/explosion hazard
(2) pH/corrosion
(3) solid or viscous - obstruction/interference
(4) volume or strength to cause interference
(5) heat
Others include: toxic pollutants, noxious or
malodorous, objectionable color, slug flows,
radioactive wastes, etc.
Federal Categorical Pretreattnent Standards
Modification of Standards
Specific Pollutant Limitations
-concentration limit for arsenic, cadmium, copper,
cyanide, lead, mercury, nickel, silver, total
chromium, zinc, total identifiable chlorinated
hydrocarbons, and phenolic compounds.








-------
            REFERENCE
I                 EPA Model
                 Ordinance
                                                  ORDINANCE REVIEW SHEET
                                                    PART I (Continued)
                                   ITEM
                                                         COMMENTS ON EXISTING
                                                                    ORDINANCE
  o
  oo
403.8(f)(l)i
403.8(f)(l)iii
  2.5
  2.6
  2.7
  2.8

Section 3

  3.1
  3.2
  3.2(a)

  3.2(b)

  3.2(c)

  3.2(d)
  3.2(e)
  3.2(f)
  3.2(g)
Section 4
  4.1
  4.2
  4.2.1
  4.2.2
State Requirements
City's Right of Revision
Excessive Discharges
Accidental Discharges

FEES

Purpose
Charges and Fees
    •»
  (a)  reimbursement for set—up and operating
       the Pretreatment Program
  (b)  fees for monitoring, inspection and sur-
       veillance procedures
  (c)  review of accidental discharge procedures
       and construction
  (d)  permit applications
  (e)  filing appeals
  (f)  fees for consistent removal
  (g)  other fees deemed necessary
ADMINISTRATION
  Wastewater Discharges
  Wastewater Contribution Permits
    General Permits
    Permit Application
                                          • «  I I C I „ „»»„...,
                                                                                            Refer  to 40 CFR  35.929
                                                                                            (ICR-User Charge)

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            REFERENCE
                                                  ORDINANCE REVIEW SHEET
                                                    PART I (Continued)
                 EPA Model
40CFR, Part A03 I Ordinance
ITEM
COMMENTS ON EXISTING
           ORDINANCE
403.8(f)(l)i-vi


403.8(f)(l)iv
403.12
403.12
403.8(f)(l)v
403.8(f)(l)v
403.8(f)(l)ii


403.8(f)(l)vi
403.8(f)(l)i-vi


403.8(f)(l)vi

403.8(f)(l)vi

4.2.4
4.2.5
4.2.6
4.3
4.3.1
4.3.2
4.4
4.5
4.6
4.7
Section 5
5.1
5.2
5.3
5.4
5.5
Section 6
6.1
6.2
Permit Conditions
Permit Duration
Permit Transfer
Reporting Requirements for Permitee
Compliance Date Report
Periodic Compliance Reports
Monitoring Facilities
Inspection and Sampling
Pretreatment
Confidential Information
ENFORCEMENT
Harmful Contributions
Revocation of Permit
Notification of Violation
Show Cause Hearing
Legal Action
PENALTY : COSTS
Civil Penalties
Falsifying Information









Q










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            REFERENCE
                                                  ORDINANCE REVIEW SHEET

                                                    PART I (Continued)
                 EPA Model

40CFR, Part 403 | Ordinance
          ITEM
COMMENTS ON EXISTING

           ORDINANCE
   o
   i
   en
                 Section 7
                 Section 8
                 Section 9
                 Section 10
                 Section 11
SEVERABILITY
CONFLICT
EFFECTIVE DATE
INDUSTRIAL SEWER APPLICATION
WASTEWATER DISCHARGE PERMIT

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                                                  ORDINANCE REVIEW  SHEET

                                                           PART  II
            REFERENCE

I                 EPA Model
                 Ordinance
LEGAL AUTHORITY REQUIREMENTS 40 CFR, PART 403
OVERALL COMMENTS ON EXISTING
                   ORDINANCE
403.8(f)(l)i
403.8(f)(l)H    2.2,4.2,4.6
403.8(f)(l)iii   4.2
403.8(f)(l)lv    4.2.4,4.3
403.8(f)(l)v     4.4,4.5
403.8(f)(l)vl(A) 6.1
403.8(f)(l)vi(B) 4.2,5.0
                               Note:  See Attachement A of this Appendix for the entire
                               wording of the regulatory requirements.  At a minimum,
                               the  legal authority shall enable a POTW to:
Deny or condition new or increased contributions.
Require compliance with applicable Pretreatment
Standards	
Control through permit, contract, order, or similar
means to ensure compliance.....	
Require (A) the development of a compliance schedule.
        (B) the submission of all notices and self
            monitoring reports	
Carry out all inspection, surveillance and monitor-
ing procedures	
Representatives of the POTW shall be authorized to
enter any premises to	
     (A)  Obtain remedies for noncompJLlance	
     (B)  ...The POTW shall have authority and pro-
             cedures immediately and effectively to
             halt or prevent any discharge...	
                                                                                                                    »o
                                                                                                                    Q

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                                 ATTACHMENT I

                         LEGAL AUTHORITY REQUIREMENTS
INTRODUCTION

The General  Pretreatment Regulations  require  POTWs  to operate pursuant  to
adequate legal authority which authorizes or enables  the  POTW  to  apply  and to
enforce the requirements of Sections 307(b)  and (c) and 402(b)(8) of the Clean
Water Act and any regulations implementing those sections.  At a minimum, this
legal   authority  must meet  the  requirements of Section  403.S(f)(l)  of the
General Pretreatment Regulations.   This  section contains  six  subsections  ref-
erenced as  403.8(f)(l)i-vi.  Following  is  the  actual  language used in  the
regulation in its  entirety  for these  six subsections.   Also  included  is  the
verbage  of  other  specific  requirements  referred  to  in  the  subsections.

NOTE:   The General  Pretreatment  Regulations have been reproposed in order to
       incorporate changes  (dated October 29, 1979 and January 10, 1980).  The
       following regulatory requirements incorporate those revisions currently
       being proposed.
                                     0-7

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40 CFR, PART 403 REQUIREMENTS - LEGAL AUTHORITY


403.8(f)(l) - The POTW shall operate  pursuant  to  legal authority,  enforceable
in Federal,  state or  local  courts, which  authorizes  or  enables the POTW to
apply and  enforce the  requirements of the  Clean  Water Act.   At a minimum,
this legal  authority shall enable the POTW to:


403.8(f)(l)(i)

Deny or condition new  or increased contributions of  pollutants,  or changes
in the nature  of pollutants, to the POTW by Industrial Users where such con-
tributions  do  not meet applicable Pretreatment Standards and requirements or
where such contributions  would  cause the  POTW to violate  its NPDES Permit.

  [Comment:  This provision  is  not intended to require pretreatment for com-
patible waste  as  a  substitute  for adequate municipal  treatment.   When dif-
ficulties  arise  in  meeting  NPDES permit conditions, it is the responsibility
of the POTW to come  into compliance with its permit.  The POTW should consider
a solution  that  is  cost-effective  and equitable,  and  consistent with  the  goal
of joint treatment.]
Require  compliance  with applicable  Pretreatment  Standards  and Requirements
by Industrial Users.
Control, through  permit,  contract,  order or similar  means,  the  contribution
to  the  POTW by  each Industrial User to  ensure  compliance with applicable
Pretreatment Standards and Requirements.


4Q3.8(f)(l)(iv)

Require (A)  the  development  of a compliance schedule by each Industrial User
for the installation  of  technology required to  meet  applicable  Pretreatment
Standards and  Requirements and (B)  the submission  of all  notices and self-
monitoring reports from Industrial Users as are necessary to assess and assure
compliance by  Industrial  Users with Pretreatment Standards and Requirements,
including  but  not  limited   to the reports  required in  Section 403.12.

  [Comment:  POTWs and NPDES States are  encouraged  to  develop  procedures  to
ensure the protection  of  trade secrets and confidential business information
(See 40 CFR Part 2).]
                                     D-8

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403.12 Reporting Requirements  for  POTW's  and  Industrial  Users   (as  referenced
above in 403.3(f)(l)(iv)).

  (a)  Definition.   The term "Control Authority" as it is used in this section
refers to:   (1)  The  POTW if the POTW's  Submission has been approved in ac-
cordance with the requirements of 403.11; or (2) the Approval Authority if the
Submission has not been approved.

  [Comment:   In  cases  where there  is an  approved  POTW Pretreatment Program,
the Approval  Authority  may  request that  Industrial Users submit to it copies
of reports required under 403.12.]

  (b)  Reporting Requirements for Industrial Users.  Within  (i) 180 days after
the promulgation of  a  categorical  Pretreatment Standard under Section 307(b)
or (c) of  the Act, or (ii)  180 days of the effective  date of 40 CFR Part 403
where 307(b)  or  (c)  Categorical  Pretreatment  Standards are  promulgated  before
the effective date  of  40 CFR  Part 403,  existing  Industrial  Users  subject  to
such Categorical  Pretreatment Standards and currently  discharging in or sched-
uled  to  discharge  into  a POTW will  be  required  to submit  to the  Control
Authority  a  report which contains the  information listed in  subparagraphs
(l)-(7) of this paragraph.

  [Comment:   Where  reports  containing  this information  already  have been
submitted  to  the  Director or Regional  Administrator  in  compliance with the
requirements of 40 CFR 128.140(b),  the Industrial User will  not be  required to
submit this information again.]

New sources  shall  be required to  submit  to the Control  Authority  a  report
which contains the  information listed  in subparagraphs (l)-(5) of  this para-
graph:

  (1)  The name and address of the Industrial User;

  (2)  The location of such Industrial  User;

  (3)  The nature, average  rate of production, and Standard Industrial Clas-
sification  of the  operation(s) carried  out  by  such Industrial   User;

  (4)  The measured  average and maximum flow  of  the discharge from  such
Industrial User  to  the POTW,  in gallons  per  day,  or, where approved by the
Control Authority  due  to cost or feasibility considerations, the average and
maximum  flow of  the  discharge  as  estimated  by  verifiable techniques;

  (5)  The nature  and  concentration  of polluants  in  the  discharge  from  each
regulated  process  from  such Industrial  User and identification of  the appli-
cable  Pretreatment Standards and  Requirements.   The  concentration shall be
reported  as  a maximum  or average  level   as provided  for  in  the applicable
Pretreatment  Standard.   If  an equivalent concentration  limit  has   been cal-
culated in accordance with  Section 403.6(e), this adjusted concentration limit
shall also be submitted to  the Control  Authority for approval.

  (6)  A statement, reviewed by an authorized representative of the Industrial
User  (as  defined  in  subparagraph  (k) of  this  section) and  certified to  by  a
qualified  professional,  indicating whether Pretreatment Standards  are  being

                                     D-9

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met on  a  consistent  basis  and,  if  not,  whether  additional  operation  and  main-
tenance   (0.  and M.)  and/or additional  pretreatment  is required for'the
Industrial  User  to meet  the Pretreatment  Standards  and Requirements; and

  (7)   If additional  pretreatment  and/or 0. and M. will  be  required  to  meet
the Pretreatment Standards; the shortest schedule by which the Industrial User
will  provide  such additional  pretreatment.  The completion date in  this
schedule  shall  not  be  later than  the  compliance date  established for the
applicable Pretreatment Standard.

  (c)   The  following  conditions  shall  apply to the schedule required by par-
agraph (b) (7) of this section:

  (1)   The  schedule  shall  contain  increments  of progress in  the  form of  dates
for the  commencement and  completion of  major  events leading to  the  con-
struction and operation of additional pretreatment required  for the  Industrial
User  to meet  the applicable  Pretreatment Standards  (e.g.,  hiring  an  engineer,
completing  preliminary  plans,  completing final  plans, executing contract for
major  components,  commencing construction,  completing  construction, etc.).

  (2)   No  increment  referred to in  paragraph  (c)(l)  of this  section  shall
exceed nine months.

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

  (d)   Within 90 days following  the  date for  final  compliance  with applicable
Pretreatment  Standards or, in the case  of a New Source,  following commencement
of  the introduction  of wastewater into the POTW, any Industrial User  subject
to  Pretreatment  Standards  and Requirements  shall  submit to  the Control
Authority  a report indicating the nature and concentration  of all pollutants
in  the discharge from the  regulated  process which are limited  by Pretreatment
Standards  and Requirements and the  average and maximum  daily  flow for these
process units in the Industrial User which are limited  by such  Pretreatment
Standards  or Requirements.  The  report shall   state whether the  applicable
Pretreatment  Standards  or  Requirements  are being met on a consistent basis
and,  if not,  what additional 0. and M. and/or  pretreatment is necessary to
bring  the Industrial User into compliance  with the applicable Pretreatment
Standards  or  Requirements.   This statement shall be  signed  by an  authorized
representative  of the Industrial  User, as  defined  in  paragraph (k) of this
section, and  certified to by a qualified professional.

  (e)(l)  Any Industrial  User  subject to a Pretreatment Standard,  after the
compliance  date of  such  Pretreatment  Standard, or,  in  the case of  a  New
Source, after commencement of the discharge into the POTW, shall submit to the
Control Authority during the months  of  June and December, unless required more
frequently  in the Pretreatment Standard or by  the  Control Authority or the
Approval  Authority,   a  report  indicating the nature  and concentration, of


                                      D-10

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pollutants  in  the  effluent which are limited  by  such  Pretreatment  Standards.
In  addition,  this   report  shall  include a  record of measured or estimated
average  and maximum daily flows for  the  reporting period for the  discharge
reported  in  paragraph  (b)(4)  of this  section,   except  that,  the  Control
Authority may require more detailed reporting  of  flows.

  [Comment Authority  to require more detailed reporting of  flow should,  in
most causes, be preserved for those cases where the  Industrial User is  a major
source of  inflow  to the POTV/ Treatment Plant  or  is  a  significant contributor
of pollutants.]

At  the  discretion  of  the Control  Authority and   in consideration  of such
factors  as  local  high or low flow  rates,  holidays,  budget cycles,  etc.,  the
Control Authority may agree to alter  the months during which  the above  reports
are to be submitted.

  (2)  The  Control  Authority  may impose mass  limitations  on  Industrial Users
which are  using dilution to meet  applicable  Pretreatment Standards  or Re-
quirements  or  in  other cases where  the  imposition of mass  limitations are
appropriate.   In such  cases,  the report required  by subparagraph (1) of this
paragraph  shall  indicate the mass  of  polluants  regulated by Pretreatment
Standards in the effluent of the Industrial  User.

  (f)  The  Industrial  User shall  notify the  POTW immediately of  any  slug
loading, as defined by 403.5(b)(4), by the  Industrial  User.

  (g)  The reports  required in paragraphs (b)(5),  (d), and (e) of this  section
shall contain the results of sampling and analysis of  the  discharge,  including
the  flow  and  the  nature and concentration,  or production and  mass  where  re-
quested  by  the  Control  Authority,  of pollutants  contained therein  which  are
limited by the applicable Pretreatment Standards.  The frequency of monitoring
shall  be prescribed in the applicable  pretreatment  standard.   All  analysis
shall be  performed  in accordance with procedures established  by the Admin-
istrator pursuant to  Section  304(g) of the  Act and  contained  in 40 CFR Part
136  and  amendments  thereto  or with any other  test procedures approved  by  the
Administrator.  Sampling  shall  be performed in accordance with the  techniques
approved by the Administrator.

  [Comment:  Where  40 CFR Part 136 does not include a sampling or  analytical
technique for  the  pollutant  In  question sampling and  analysis shall  be per-
formed in  accordance  with the procedures set  forth  in the EPA publication,
Sampling and  Analysis Procedures for Screening of Industrial  Effluents for
Priority Pollutants,  April  1977,  and amendments  thereto,  or with   any  other
sampling  and  analytical  procedures  approved by  the   Administrator.]


4Q3.8(f)(l)(v)

Carry out  all  inspection, surveillance and  monitoring  procedures necessary to
determine,  independent  of information,  supplied  by Industrial Users,  com-
pliance  or  noncompliance  with  applicable Pretreatment Standards and  Require-
ments by Industrial  Users.  Representatives  of the POTVI  shall be authorized to
enter  any  premises  of  any  Industrial  User  in which an  effluent source or
treatment system is located or  in which  records are  required  to  be  kept under

                                      D-ll

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403.12(m) to  assure  compliance with Pretreatment Standards.   Such  authority
shall be  at  least  as  extensive  as  the  authority  provided under Section  308  of
the Act.


403.12(m)  [as referenced above in 403.8(f)(l)(v)]

The reports  required  by paragraphs (b) , (d),  (e),  (h),  (i), and  (j)  of this
section  shall  be  subject to the provisions of 18 U.S.C. Section 1001 related
to fraud  and  false statements  and the provisions of Section 309(c)(2) of the
Act governing  false  statements, representations  or certifications in reports
required under the Act.

Section  308  of the  Clean  Water Act [as referenced above  in  Section 403.8
INSPECTIONS. MONITORING. AND ENTRY

Sec 308(a)  Whenever  required  to carry put  the  objective  of this Act,   in-
cluding but not  limited to (1) developing or assisting in the development of
any  effluent  limitation,  or  other  limitation, prohibition,  or effluent
standard, pretreatment  standard,  or  standard of performance under  this  Act;
(2) determining  whether any person is  in  violation  of  any  such effluent  limi-
tation, or  other limitation,  prohibition  or effluent  standard,  pretreatment
standard, or  standard  of performance;  (3) any  requirement  established under
this section; or (4)  carrying  out Sections  305, 311,  402, 404 (relating to
State permit programs), and 504 of this Act-

     (A)  the Administrator shall  require the  owner or operator of any point
          source to  (i)  establish and  maintain such records,  (ii)  make  such
          reports, (iii) install, use, and maintain such monitoring equipment
          or  methods   (including  where appropriate, biological  monitoring
          methods),  (iv) sample  such  effluents (in accordance  with  such
          methods, at such locations, at such intervals, and in such manner as
          the Administrator  shall prescribe),  and  (v) provide  such  other
          information as he may reasonably require; and

     (B)  the Administrator  or  his  authorized representative,  upon  pre-
          sentation of his credential s-

          (i)   shall  have  a  right of entry to, upon,  or through any premises
               in which  an effluent  source  is located  or in which any records
               required  to be  maintained  under clause  (A)  of this subsection
               are located, and

          (ii) may at  reasonable  times  have access to and  copy  any records,
               inspect  any monitoring  equipment or method  required  under
               clause  (A), and  sample  any effluents which the owner or oper-
               ator of  such source  is  required to  sample under  such clause.

  (b)  Any  records,  reports,  or information obtained   under this section  (1)
shall, in the case  of effluent data, be  related to any applicable effluent
limitations, toxic, pretreatment, or new source performance standards,  and (2)


                                    D-12

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shall be  available  to the public, except that upon a showing satisfactory  to
the  Administrator  by any  person  that  records,  reports, or  information,  or
particular part thereof (other than effluent data), to which the Administrator
has access under  this section, if made  public would  divulge methods  or pro-
cesses  entitled  to  protection as trade  secrets  of such person, the  Admin-
istrator  shall  consider such record,  report, or  information,  or particular
portion thereof confidential  in  accordance with the purposes of Section  1905
of Title  18  of the United States Code,  except  that such record, report, or
information  may  be disclosed  to  other  officers,  employees, or authorized
representatives of  the United States  concerned  with  carrying  out this  Act
or when relevant in any proceeding under this Act.

  (c)  Each State may develop and submit to the Administrator procedures  under
State law  for  inspection,  monitoring,  and  entry with  respect to  point sources
located in such  State.   If the Administrator finds  that the procedures  and
the law of any State  relating  to  inspection, monitoring, and entry are appli-
cable to  at  least  the same extent  as  those required by this  section, such
State  is  authorized  to  apply and  enforce  its  procedures  for  inspection,
monitoring,  and  entry with respect to point  sources  located in such  State
(except with respect  to point sources  owned or operated  by  the United  States).


403.8(f)(l)(v1)

  (vi)(A)   Obtain remedies for noncompliance  by any Industrial User with any
Pretreatment Standard and Requirement.   All  POTW's shall  be  able  to seek
injunctive relief  for noncompliance  by Industrial Users with  Pretreatment
Standards  and Requirements.  In cases  where State law has authorized the muni-
cipality  or  POTW to  pass ordinances  or other local  legislation,  the POTW
shall  exercise such  authorities  in passing legislation to  seek and  assess
civil  or   criminal  penalties  for noncompliance  by Industrial  Users   with
Pretreatment  Standards  and  Requirements.   POTWs  without  such authorities
shall  enter  into contracts  with  Industrial Users  to  assure compliance  by
Industrial Users with Pretreatment  Standards  and  Requirements.  An adequate
contract  will  provide for liquidated  damages for  violation of pretreatment
standards   and  requirements and will include an agreement  by the Industrial
User  to submit to  the remedy of  specific performance for breach of contract.

  (B)   Pretreatment  Requirements  which will be enforced through the remedies
set  forth  in subparagraph (A) will include but  not be  limited  to the duty
to allow or carry-out inspections, entry, or monitoring  activities; any rules,
regulations, or orders  issued  by the  POTW;  or  any reporting  requirements
imposed by the POTW or these regulations.  The POTW shall  have authority and
procedures (after  informal  notice to  the discharger) immediately and  effect-
ively to halt or prevent any discharge of pollutants to  the  POTW which reason-
ably  appears to  present an imminent endangerment  to the health or welfare  of
persons.   The  POTW shall  also have authority and procedures  (which   shall
include notice to the affected Industrial Users and an opportunity to  respond)
to halt or prevent any discharge to  the POTW which presents or may present
an endangerment  to  the environment or which  threatens  to  interfere with  the
operation  of the  POTW.   The Approval  Authority  shall  have  authority  to seek
judicial  relief for  noncompliance  by  Industrial  Users  when the POTW has
acted to seek  such relief but has sought a  penalty which the Approval   Authority
finds to be  insufficient.


                                    D-13

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  [Comment:  The  procedures for  notice to  dischargers  where the  POTW  is
seeking exparte  temporary  judicial  injunctive relief will  be governed by
applicable State or Federal law and not by this provision.]
                                    0-14

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                             DRAFT MODEL ORDINANCE
ORDINANCE NO.
SECTION  1  GENERAL PROVISIONS


1.1  Purpose and Pol Icy

This ordinance sets  forth uniform requirements  for direct  and  indirect  contri-
butors  into  the  wastewater collection and  treatment system for the  City  of
         	  and  enables  the City  to  comply  with  all applicable  State  and
federal  laws required by the Clean Water  Act  of  1977  and the General  Pretreat-
ment Regulations (40 CFR Part 403).

The objectives of this ordinance are:

(a)  To  prevent  the  introduction of pollutants  into the municipality waste-
     water system  which  will  interfere with  the operation of the system  or
     contaminate the resulting  sludge;

(b)  To  prevent  the  introduction of pollutants  into  the municipal wastewater
     system  which  will  pass through the  system, inadequately treated,  into
     receiving waters  or the  atmosphere  or otherwise be incompatible with  the
     system;

(c)  To  improve  the  opportunity  to recycle  and  reclaim  wastewaters and  sludges
     from the system; and

(d)  To  provide  for  equitable distribution  of the cost  of  the  municipal  waste-
     water system.

This ordinance provides for the  regulation  of direct  and indirect contributors
to  the  municipal wastewater  system  through the  issuance of permits  to certain
non-domestic  users  and through  enforcement of  general  requirements  for the
other users,  authorizes  monitoring  and enforcement  activities,  requires user
reporting, assumes  that  existing customer's  capacity  will not  be preempted,
and  provides  for the setting of fees  for the equitable distribution  of  costs
resulting from the program established herein.

This ordinance  shall apply to  the (City  of	) and  to  persons outside  the
(City)  who  are,  by contract  or agreement with the  (City),  Users  of  the (City)
POTW.   This  ordinance is  a  supplement to  Ordinance No.        as amended.
Except  as  otherwise  provided herein,  the (Superintendent)  of  the (City) POTW
shall  administer,  implement,  and enforce the provisions  of this ordinance.


1.2  Definitions

Unless  the  context specifically indicates  otherwise, the  following  terms  and
phrases,  as  used  in this  ordinance,  shall  have the meanings hereinafter
designated:

                                   D-15

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 (1)  Act or  "the Act".   The  Federal  Water Pollution  Control  Act,  also known
     as  the  Clean  Water  Act,  as  amended,  33  U.S.C.  1251,  et.  seq.

 (2)  Approval Authority.   The Director  in  an NPDES  state  with an  approved
     State  Pretreatment  Program and the Administrator  of the  EPA in  a  non-
     NPOES  state or  NPDES  state  without  an  Approved  State  Pretreatment
     Program.

 (3)  Authorized Representative  of  Industrial  User.   An  authorized  representa-
     tive of an~Industrial  User may be:(1)  A principal  executive  officer of
     at  least the  level  of vice-president,  if the  Industrial  User  is a corpo-
     ration;  (2)  A general  partner or proprietor  if the  industrial  user is a
     partnership  or proprietorship,  respectively;    (3)  A  duly authorized
     representative  of  the individual  designated above  if such representative
     is  responsible  for the overall operation  of  the facilities from  which
     the indirect discharge  originates.

 (4)  Biochemical Oxygen Demand  (BOD).  The  quantity of  oxygen utilized in the
     biochemical oxidation  of organic  matter  under  standard laboratory proce-
     dure,  five  (5)  days at 20° centigrade expressed in  terms of  weight and
     concentration (milligrams  per liter (mg/1)).

 (5)  Building Sewer.  A sewer conveying wastewater  from the premises of  a User
     to the  POTW.

 (6)  Categorical Standards.   National  Categorical   Pretreatment Standards  or
     Pretreatment Standard.

 (7)  City.   The City of	or the City  Council of	.
(8)  Cooling Water.  The  water discharged from any use such as air conditio-
     ning, cooling  or  refrigeration, or  to which the only pollutant added  is
     heat.

(9)  Control  Authority.   The  term  "control  authority"  shall  refer  to the
     "Approval Authority",  defined  hereinabove; or the Superintendent if the
     City  has  an  approved Pretreatment  Program under  the  provisions  of  40 CFR
     403.11.

(10) Direct Discharge.   The discharge  of treated or  untreated wastewater
     directly to the waters of the State  of	.

(11) Environmental Protection Agency, or  EPA.   The U.S.  Environmental  Protec-
     tion  Agency,  or  where appropriate the term may also be used as a desig-
     nation for the  Administrator or other duly  authorized  official of  said
     agency.

(12) Grab Sample.   A sample which is taken from a waste stream on a one-time
     basis with no regard  to the  flow in  the waste stream and  without consid-
     eration  of time.

(13) Holding  tank  waste.   Any  waste from holding tanks such  as vessels, chemi-
     caltoilets,  campers, trailers,  septic  tanks,  and  vacuum-pump tank
     trucks.
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(14) Indirect Discharge.   The  discharge  or  the  introduction of nondomestic
     pollutantsfrom  any  source regulated under section 307(b) or (c) of the
     Act,  (33  U.S.C.  1317),  into the POTVI (including holding tank waste dis-
     charged into the system).

(15) Industrial  User.   A  source of  Indirect Discharge which does not consti-
     tute  a  "discharge  of pollutants" under  regulations  issued pursuant to
     section 402, of the Act. (33 U.S.C.  1342).

(16) Interference.  The inhibition  or disruption of the  POTW  treatment  pro-
     cesses or  operations  which contributes  to a violation  of  any  requirement
     of  the  City's NPDES  Permit.   The  term  includes  prevention  of sewage
     sludge use  or  disposal  by  the POTW in  accordance with 405 of the Act,
     (33 U.S.C.  1345)  or  any criteria,  guidelines,  or  regulations  developed
     pursuant  to the  Solid Waste Disposal Act (SWDA), the  Clean Air Act, the
     Toxic Substances Control  Act,  or more stringent state criteria (includ-
     ing those contained in any  State sludge management plan prepared pursuant
     to  Title  IV of  SWDA)  applicable  to  the  method  of disposal  or use
     employed by the POTW.

(17) National  Categorical  Pretreatment Standard or Pretreatment Standard.  Any
     regulation  containing pollutant  discharge limits  promulgated by the EPA
     in accordance  with section 307(b)   and (c)  of  the  Act (33 U.S.C. 1347)
     which applies to a specific category of Industrial Users.

(18) National  Prohibitive  Discharge Standard or Prohibitive Discharge Stan-
     dard .Any  regulation developed  under the authority  of 307(b) of the Act
     and 40 CFR, Section 403.5.

(19) New Source.  Any source,  the  construction  of which  is commenced  after
     the publication  of proposed regulations  prescribing a section 307(c)
     (33 U.S.C.  1317)  Categorical Pretreatment Standard which will  be applica-
     ble to such source,  if  such standard is  thereafter  promulgated  within
     120 days  of proposal  in the Federal  Register. Where  the standard is pro-
     mulgated  later than   120  days  after proposal,  a new  source  means  any
     source,  the  construction of which  is commenced after  the date of promul-
     gation of the standard.

(20) National  Pollution Discharge Elimination System or NPDES Permit.   A per-
     mitissued   pursuant  to section 402 of  the Act  (33  U.S.C.  1342).

(21) Person.    Any  individual,  partnership,  copartnership,  firm,  company,
     corporation, association,  joint  stock company, trust, estate,  govern-
     mental entity  or any  other legal entity,  or their legal representatives,
     agents or assigns.  The masculine gender  shall  include the feminine, the
     singular  shall  include the plural  where  indicated  by the  context.

(22) pH.  The logarithm (base  10)  of  the reciprocal of the concentration of
     hydrogen ions expressed  in  grams  per liter of solution.

(23) Pollution.  The man-made or man-induced alteration of  the chemical, phy-
     sical, biological,  and radiological  integrity of water.

(24) Pollutant.   Any dredged spoil, solid waste, incinerator residue, sewage,
     garbage,  sewage sludge,  munitions,  chemical  wastes,  biological  materials,

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     radioactive materials,  heat, wrecked  or discharged  equipment,  rock,
     sand,  cellar  dirt and  industrial,  municipal, and  agricultural  waste
     discharged into water.

(25) Pretreatment or Treatment.  The reduction  of  the  amount of pollutants,
     the elimination of pollutants, or the alteration of the nature of pollu-
     tants,  or  the alteration  of  the nature of  pollutant properties in waste-
     water  to  a less harmful  state prior  to  or in lieu of  discharging  or
     otherwise  introducing  such  pollutants into a POTW.   The  reduction or
     alteration can be obtained by physical, chemical  or biological  processes,
     or process changes other  means,  except as prohibited by 40 CFR Section
     403.6(d).

(26) Pretreatment Requirements.   Any  substantive   or procedural  requirement
     related   to  pretreatment,  other than  a National  Pretreatment Standard
     imposed  on an  industrial user.

(27) Publicly Owned Treatment Works (POTVJ).  A  treatment works  as  defined by
     section  212 of  the Act, (33  U.S.C.  1292) whcih is owned in this instance
     by the City.  This definition includes any sewers that  convey wastewater
     to the POTW treatment plant,  but does not  include pipes, sewers or other
     conveyances not  connected to a  facility providing  treatment.   For  the
     purposes  of this  ordinance,  "POTW"  shall  also include  any sewers  that
     convey  wastewaters to the POTW  from persons  outside the (city)  who  are,
     by contract or  agreement  with the  (city), users of the (city's)  POTW.

(28) POTW Treatment Plant.    That  portion of  the  POTW  designed to  provide
     treatment to wastewater.

(29) Shall  is  mandatory:   May is permissive.

(30) Significant Industrial User.   Any Industrial   User  of  the  City's waste-
     water  disposal  system who (i) has a discharge flow of 25,000  gallons or
     more per average  work  day,  or (ii) has  a  flow greater thaa 5% of the
     flow in  the City's wastewater  treatment system,  or  (iii) has  in  his
     wastes  toxic pollutants as  defined  pursuant  to Section 307 of  the  Act
     of (State)  Statutes  and  rules  or  (iv) is found by the City, (State
     Control   Agency)  or  the U.S.  Environmental Protection Agency  (EPA)  to
     have significant  impact,  either  singly  or in combination with  other
     contributing industries,  on  the wastewater treatment  system, the quality
     of sludge,  the  system's effluent  quality,  or air  emissions generated by
     the system.

(31) State.   State of	.
(32) Standard Industrial  Classification (SIC).   A classification  pursuant  to
     the Standard  Industrial  Classification Manual  issued by  the Executive
     Office  of  the  President,  Office  of  Management  and Budget,  1972.

(33) Storm Water.   Any flow occurring during or following any form of natural
     precipitation and resulting therefrom.

(34) Suspended Solids.  The total suspended matter that floats on the surface
     of, or  is suspended in, water, wastewater or other liquids, and which is
     removable by  laboratory filtering.

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(35) Superintendent.   The  person designated  by the  City  to supervise the
     operation of  the  publicly  owned treatment works and who is charged with
     certain duties and  responsibilities  by this article, or his duly autho-
     rized representative.

(36) Toxic Pollutant.   Any  pollutant or combination of pollutants  listed  as
     toxicin  regulations  promulgated by the  Administrator  of  the Environ-
     mental Protection Agency under  the provision of CWA 307(a)  or other Acts.

(37) User.  Any  person who  contributes, causes  or permits  the contribution  of
     wastewater  into City's POTW.

(38) Wastewater.   The  liquid  and water-carried industrial  or domestic wastes
     from dwellings, commercial  buildings,  industrial  facilities, and insti-
     tutions,  together with any ground water, surface water, and storm water
     that may  be present,  whether treated or untreated, which is contributed
     into or permitted to enter the POTW.

(39) Waters of the State.   All  streams, lakes,  ponds, marshes,  watercourses,
     waterways,  wells,  springs,  reservoirs,  aquifers,  irrigation  systems,
     drainage  systems  and all other  bodies  or  accumulations  of water,  surface
     or  underground,  natural  or  artificial,  public  or  private,  which are
     contained within, flow through, or border upon the State or any portion
     thereof.

(40) Wastewater Contribution Permit.   As  set forth  in  section  4.2 of this
     ordinance.


1.3  Abbreviations

The following abbreviations shall have the designated meanings:

     0    BOD   - Biochemical  Oxygen  Demand
          CFR   - Code of Federal Regulations
     0    COD   - Chemical  Oxygen Demand
     0    "EPA"   - Environmental  Protection Agency
          I     - Liter
     0    m£      Milligrams
     °    mg/1  - Milligrams per Liter
          NPDES - National    Pollutant  Discharge   Elimination   System
          POTW  - Publicly Owned Treatment Works
          SIC   - Standard  Industrial Classification
          SWDA  - Solid  Waste  Disposal  Act,  42  U.S.C.  6901,  et.  seq.
          USC   - United States Code
          TSS   - Total Suspended Solids


     SECTION 2 - REGULATIONS


2.1  General Discharge Prohibitions

No User  shall  contribute or cause to be contributed, directly or indirectly,
any pollutant  or wastewater which will  interfere with the operation or per-

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formance of  the POTW. These general  prohibitions  apply  to  all  such Users of  a
PCTW whether or not  the User is subject to National Categorical Pretreatment
Standards or any  other  National,  State, or  local  Pretreatment Standards  or
Requirements.  A user may not contribute the following substances to any POTW:

     a)   Any liquids,  solids  or  gases which by  reason of their nature or
          quantity are, or may  be,  sufficient either alone or by interaction
          with other  substances to cause fire or  explosion or  be  injurious  in
          any other way  to  the  POTW or to  the operation of the POTW.   At no
          time,  shall  two successive readings on an explosion hazard meter, at
          the point of  discharge  into  the  system (or at any point in the  sy-
          stem)  be more than five  percent (5%) nor any single reading over ten
          percent  (10%)  of the Lower Explosive Limit (LEL)  of the meter.  Pro-
          hibited  materials include, but are not limited to, gasoline, kero-
          sene,  naphtha,  benzene, toluene, xylene, ethers, alcohols, ketones,
          aldehydes,   peroxides, chlorates,  perchlorates,  bromates,  carbides,
          hydrides and  sulfides and  any other substances which the City,  the
          State  or EPA  has  notified  the User is a fire hazard or a hazard to
          the system.

     b)   Solid  or viscous substances which may cause obstruction to the flow
          in a sewer  or other interference with  the operation  of the waste-
          water  treatment  facilities such  as, but  not  limited  to:   grease,
          garbage  with  particles  greater  than  one-half inch  (V)  in any
          dimension,  animal  guts or tissues, paunch manure, bones, hair, hides
          or fleshings,  entrails,  whole blood, feathers, ashes, cinders, sand,
          spent  lime,  stone  or marble  dust,  metal, glass, staw, shavings,
          grass  clippings, rags,  spent  grains, spent hops, waste paper, wood,
          plastics,  gas,  tar,  asphalt   residues,  residues  from  refining,  or
          processing  of fuel or lubricating oil,  mud, or glass  grinding  or
          polishing wastes.

     c)   Any wastewater having a pH less than 5.0, unless the POTW is speci-
          fically  designed  to accommodate  such  wastewater,  or  wastewater
          having  any  other  corrosive property capable of causing damage  or
          hazard  to  structures,  equipment, and/or  personnel  of  the  POTW.

     d)   Any wastewater containing  toxic  pollutants  in sufficient  quantity,
          either  singly or by interaction with other pollutants, to injure or
          interfere with any wastewater treatment  process,  constitute a hazard
          to humans  or animals, create   a toxic effect in the receiving waters
          of the POTW, or to exceed the limitation  set forth in a Categorical
          Pretreatment Standard. A toxic pollutant  shall  include but not be
          limited  to   any pollutant  identified  pursuant  to Section 307(a)  of
          the Act.

     e)   Any noxious or malodorous  liquids,  gases, or solids  which  either
          singly  or by interaction with other wastes are sufficient to create
          a  public nuisance or  hazard  to life or are  sufficient  to  prevent
          entry  into  the sewers  for  maintenance  and  repair.

     f)   Any substance  which  may cause  the POTW's effluent or  any  other
          product  of  the  POTW  such  as  residues,  sludges,  or  scums,  to be
          unsuitable   for  reclamation and  reuse  or to  interfere  with the
          reclamation  process.  In no  case,  shall a substance discharged  to

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          the POTW  cause  the POTW to be in non-compliance with sludge use or
          disposal criteria, guidelines or regulations developed under Section
          405 of  the  Act;  any criteria, guidelines, or regulations affecting
          sludge  use  or  disposal  developed pursuant to  the  Solid  Waste  Dis-
          posal  Act,  the  Clean Air Act, the Toxic Substances Control Act, or
          State criteria  applicable to  the  sludge management method  being
          used.

     g)   Any substance which  will  cause the POTW  to violate its NPDES and/or
          State Disposal System  Permit  or  the receiving  water quality stan-
          dards.

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

     i)   Any wastewater having  a temperature  which will  inhibit  biological
          activity  in  the  POTW treatment plant resulting  in  Interference,  but
          in no case  wastewater  with  a temperature at the introduction  into
          the POTW  which exceeds  40°C (104°F) unless the  POTW treatment  plant
          is designed to accommodate such temperature.

     j)   Any pollutants,  including oxygen demanding  pollutants  (BOD, etc.)
          released at  a flow rate and/or pollutant concentration which a user
          knows  or  has reason  to  know will  cause Interference to the POTW. In
          no case shall a  slug load have a flow rate or contain concentration
          or qualities of  pollutants  that  exceed for any time period longer
          than  fifteen  (15) minutes more  than five (5)  times  the average
          twenty-four  (24)  hour   concentration, quantities,  or flow during
          normal operation.

     k)   Any wastewater containing any radioactive wastes or isotopes of such
          halflife or  concentration as  may exceed  limits established by the
          Superintendent  in compliance  with applicable  State  or  Federal
          regulations.

     1)   Any wastewater which  causes  a hazard to human  life or creates  a
          public nuissance.

When the Superintendent determines that a User(s)  is contributing  to the POTW,
any of the above enumerated subtances  in such amounts  as  to Interfere with the
operation of the POTW, the Superintendent shall:   1)  Advise the User(s)  of the
impact of the contribution on the POTW;  and  2} Develop effluent limitation(s)
for such User to correct the Interference with  the  POTW.


2.2  Federal Categorical  Pretreatment  Standards

Upon the promulgation  of the  Federal Categorical Pretreatment Standards  for a
particular  industrial  subcategory, the Federal Standard,  if more  stringent
than limitations imposed under this Ordinance for sources in  that  subcategory,
shall  immediately supersede the limitations imposed under this Ordinance.  The
Superintendent  shall  notify all  affected Users of the applicable  reporting
requirements under 40 CFR,  Section. 403.12.


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2.3  Modification of Federal Categorical Pretreatment Standards

Where the  City's  wastewater treatment system achieves  consistent  removal  of
pollutants limited  by  Federal  Pretreatment Standards,  the  City may apply  to
the  Approval  Authority for modification  of  specific limits in  the Federal
Pretreatment  Standards.   "Consistent  Removal"  shall mean  reduction  in  the
amount of  a  pollutant  or alteration of  the  nature of  the  pollutant  by  the
wastewater treatment system to  a  less  toxic  or  harmless state  in the  effluent
which is  achieved  by the  system 95  percent of the  samples  taken when  measured
according  to  the  procedures set forth in  Section 403.7(c)(2) of (Title 40 of
the Code of Federal Regulations, Part 403) - "General Pretreatment  Regulations
for Existing  and  New  Sources of Pollution"  promulgated pursuant to the  Act.
The City  may  then  modify pollutant discharge limits in  the Federal Pretreat-
ment Standards if the requirements contained in 40 CFR  Part 403, Section 403.7
are  fulfilled and prior  approval from the Approval  Authority  is  obtained.


2.4  Specific Pollutant Limitations (optional) •

No person shall discharge wastewater containing in excess of:

     	 mg/1 arsenic
     	 mg/1 cadmium
     	 mg/1 copper
     	 mg/1 cyanide
     	 mg/1 lead
     	mg/1 mercury
     	 mg/1 nickel
     	mg/1 silver
     	 mg/1 total  chromium
     	 mg/1 zinc
     	 mg/1 total  identifiable chlorinated hydrocarbons
     	mg/1 phenolic compounds which  cannot be  removed by  the  City's
                 wastewater treatment  processes


2.5  State Requirements

State requirements and limitations on discharges shall   apply in any case where
they are  more stringent  than  Federal  requirements  and limitations  or  those in
this ordinance.


2.6  City's Right of Revision

The City  reserves  the  right to establish  by ordinance more stringent limita-
tions or  requirements  on  discharges  to the wastewater disposal  system if
deemed necessary  to comply with the objectives presented  in Section.1.1 of
this Ordinance.


2.7  Excessive Discharge

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 treat-

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ment to achieve compliance with  the  limitations  contained  in  the  Federal  Cate-
gorical Pretreatment  Standards,  or in any other pollutant-specific limitation
developed  by the  City or State.   (Comment:   Dilution may  be  an  acceptable
means  of  complying  with  some of  the prohibitions set forth  in Section  2.1,
e.g. the  pH  prohibition.)


2.8  Accidental Discharges

Each User shall  provide protection  from  accidental  discharge of  prohibited
materials  or other substances  regulated  by this Ordinance.   Facilities  to
prevent  accidental  discharge of  prohibited materials  shall be provided  and
maintained  at  the  owner  or  user's  own  cost and expense.   Detailed  plans
showing facilities  and  operating procedures to  provide  this  protection  shall
be  submitted  to the City  for review, and  shall  be approved by the City before
construction of the facility. All existing Users  shall complete such  a plan by
January 1,  1983.   No  user who commences  contribution  to the  POTW after  the
effective  date of  this  ordinance shall be  permitted to  introduce pollutants
into the  system until  accidental discharge procedures have been  approved by
the City.   Review  and approval  of such plans  and operating procedures shall
not relieve  the  industrial  user  from the responsibility to modify the user's
facility  as  necessary to meet the requirements of this Ordinance.  In  the case
of  an  accidental  discharge,  it is the responsibility  of the  user to  immed-
iately telephone  and  notify  the  POTVI of  the incident. The  notification  shall
include location  of discharge,  type of waste,  concentration and  volume,  and
corrective actions.

Written Notice  Within  five  (5)  days following  an accidental  discharge;  the
User shall  submit  to  the Superintendent a detailed written report describing
the cause 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 may  be incurred as  a
result of damage  to the POTW, fish  kills,  or  any other damage to person or
property;  nor  shall such  notification relieve  the user  of any fines, civil
penalties, or  other liability which may  be  imposed  by this article or other
applicable law.

Noticefto Employees;  A  notice  shall  be  permanently  posted  on  the User's
bulletin  board or other prominent place advising employees whom to call in the
event of  a dangerous discharge.   Employers shall  insure that all employees who
may cause or suffer such a  dangerous discharge  to  occur are  advised of  the
emergency notification procedure.


SECTION 3 -  FEES
3.1  Purpose

It is  the  purpose of this chapter  to  provide  for  the  recovery  of  costs  from
Users of the  City's  wastewater disposal system for the implementation of the
program established herein.  The applicable charges or fees shall  be set forth
the City's Schedule of Charges and Fees.
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3.2  Charges and Fees

The City may adopt charges and fees which may include:

     a)   fees  for  reimbursement of costs  of  setting up and operating  the
          City's Pretreatment Program;

     b)   fees  for  monitoring,  inspections and  surveillance  procedures;

     c)   fees for reviewing accidental discharge pro-
          cedures and construction;

     d)   fees for permit applications;

     e)   fees for filing appeals;

     f)   fees  for consistent  removal  (by the City)  of  pollutants  otherwise
          subject to Federal Pretreatment Standards;

     g)   other fees as  the  City  may deem  necessary to carry  out  the  require-
          ments contained herein.

These  fees  relate solely to the matters covered  by this Ordinance and  are
separate from all  other fees chargeable by the City.


SECTION 4 - ADMINISTRATION


4.1  Wastewater Dischargers

It  shall  be unlawful  to  discharge  without a (city)  permit  to  any natural
outlet within  the (City  of  	   ), or  in  any area under the jurisdiction  of
said  (city),  and/or  to the POTW  any wastewater  except  as  authorized by the
Superintendent  in accordance  with  the  provisions  of  this  Ordinance.


4.2  Wastewater Contribution Permits


     4.2.1  General  Permits

     All significant users  proposing  to connect  to or  to  contribute to the
     POTW shall obtain  a Wastewater Discharge Permit before connecting to or
     contributing to the  POTW. All  existing  significant  users connected  to  or
     contributing to the  POTW  shall  obtain a Wastewater Contribution  Permit
     within 180  (optional)  days  after the effective  date of  this  Ordinance.


     4.2.2  Permit Application

     Users  required  to  obtain  a  Wastewater Contribution  Permit  shall  complete
     and file  with the City, an  application in  the form prescribed by  the
     City,  and  accompanied  by  a  fee of  	.  Existing  users shall  apply  for
     a  Wastewater  Contribution Permit within  30 (optional)  days after  the

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effective date  of  this Ordinance, and proposed new users shall apply at
least 90  (optional)  days  prior to connecting  to  or contributing  to  the
POTW. In  support of  the application,  the  user  shall submit,  in  units and
terms  appropriate   for   evaluation,   the  following   information:

a)   Name,  address,  and  location,  (if different  from the  address);

b)   SIC  number according  to  the Standard  Industrial  Classification
     Manual, Bureau of the Budget, 1972, as amended;

c)   Wastewater constituents and  characteristics  including but  not limi-
     ted to  those mentioned  in  Section 2  of  this  Ordinance as determined
     by a reliable analytical  laboratory;  sampling and analysis shall be
     performed  in  accordance with  procedures  established by  the EPA
     pursuant to Section  304(g) of the Act and contained  in  40  CFR,  Part
     136, as amended;

d)   Time and duration of contribution;

e)   Average daily and 3  minute  peak  wastewater  flow  rates, including
     daily,  monthly and seasonal variations if any;

f)   Site plans, floor plans,  mechanical  and plumbing plans  and details
     to show all  sewers, sewer connections,  and  appurtenances  by the
     size, location and elevation;

g)   Description of  activities, facilities and plant  processes  on  the
     premises including all  materials  which  are or could be  discharged;

h)   Where known, the  nature and  concentration of any pollutants in  the
     discharge which  are limited by any City, State,  or Federal  Pretreat-
     ment Standards,  and  a  statement  regarding whether or not the pre-
     treatment standards are being met on a consistent basis and  if  not,
     whether additional Operation  and  Maintenance  (O&M) and/or additional
     pretreatment is  required  for the User to meet applicable Pretreat-
     ment Standards;

i)   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.   The  completion date in
     this  schedule shall  not be later than the compliance date estab-
     lished  for the applicable Pretreatment Standard:

     The  following  conditions  shall   apply  to   this  schedule:

     (1)   The schedule  shall  contain  increments  of progress  in  the  form
          of dates  for the  commencement and  completion of major events
          leading  to  the construction  and  operation  of additional pre-
          treatment  required for  the  User to meet the applicable Pre-
          treatment   Standards  (e.g.,   hiring  an engineer, completing
          preliminary plans, completing final  plans,  executing  contract
          for major  components,  commencing  construction, completing
          construction, etc.).

     (2)   No  increment  referred  to in paragraph  (1)   shall  exceed  9
          months.
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       (3)   Not later than 14 days following each date in the schedule and
            the final  date for compliance,  the  User  shall  submit  a  progress
            report  to the Superintendent  including,  as  a  minimum,  whether
            or  not  it complied with the increment of progress to be met on
            such  date and, if  not,  the date  on which  it  expects  to comply
            with  this increment of progress,  the reason  for delay,  and the
            steps being  taken  by the  User  to  return  the construction  to  the
            schedule  established.  In  no  event shall  more than 9  months
            elapse  between such  progress  reports to the  Superintendent.

 j)    Each  product produced by  type,  amount, process or processes  and rate
       of production;

 k)    Type  and amount of raw  materials processed (average and  maximum per
       day);

 1)    Number and type of employees,  and  hours of operation  of plant and
       proposed  or  actual  hours of  operation  of pretreatment  system;

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

 The City will  evaluate the data furnished  by the  user and may require
 additional  information.   After evaluation  and acceptance of the  data
 furnished,  the City may issue a Wastewater Contribution Permit subject to
 terms  and  conditions provided herein.


 4.2.3   Permit Modifications
 Within  9 months  of  the promulgation of a National  Categorical  Pretreat-
 ment  Standard, the  Wastewater Contribution Permit of  Users  subject  to
 such  standards shall be revised to require compliance with such standard
 within  the time frame prescribed by such standard. Where a User, subject
 to  a  National  Categorical  Pretreatment  Standard,  has  not  previously
 submitted  an  application  for  a Wastewater Contribution  Permit as  required
 by  4.2.2,  the  User shall  apply for a Wastewater  Contribution  Permit
 within  180 days after  the  promulgation  of the  Applicable  National  Cate-
 gorical  Pretreatment Standard.  In addition,  the  User  with an  existing
 Wastewater Contribution Permit shall  submit to the Superintendent within
 180 days after  the  promulgation of  an  applicable Federal Categorical  Pre-
 treatment  Standard  the information required by paragraph  (h) and  (i)  of
 Section 4.2.2.
4.2,4  Permit Conditions

Wastewater Discharge Permits shall be expressly subject to all provisions
of this  Ordinance  and  all  other applicable regulations, user charges  and
fees  established  by  the  City.   Permits  may  contain  the following:

a)   The unit charge or schedule of  user  charges  and  fees for the waste-
     water to be discharged to a community sewer;

b)   Limits on  the average and maximum wastewater constituents and cha-
     racteristics;
                              D-26

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c)   Limits on average and maximum rate and time of discharge or require-
     ments for flow regulations and equalization.

d)   Requirements  for  installation and  maintenance of  inspection  and
     sampling facilities;

e)   Specifications for  monitoring  programs which may  include  sampling
     locations,  frequency  of  sampling,  number, types and  standards  for
     tests and reporting schedule;

f)   Compliance  schedules;

g)   Requirements  for  submission  of technical  reports or  discharge
     reports (see 4.3);

h)   Requirements for maintaining and retaining plant records relating to
     wastewater  discharge  as  specified  by  the  City, and affording  City
     access thereto;

i)   Requirements for notification of the City  or any new  introduction of
     wastewater  constitutents  or  any  substantial  change in the  volume  or
     character of  the  wastewater  constitutents being introduced into the
     wastewater  treatment system.

j)   Requirements  for  notification  of  slug  discharges as  per 5.2;

1)   Other conditions as deemed appropriate by  the City to ensure compli-
     ance with this Ordinance.
4.2.5  Permits Duration

Permits shall  be  issued  for a specified time period, not to exceed five
(5)  (optional) years.  A permit may be  issued  for a  period  less  than  a
year or may be stated to expire on a specific date,   the user shall apply
for  permit reissuance  a  minimum of 180  days  prior to  the expiration of
the  user's existing  permit.   The terms and conditions of the permit may
be subject to  modification  by the City during the term of the permit as
limitations or requirements  as  identified in Section  2 are  modified or
other  just cause  exists.  The User shall  be  informed of any proposed
changes in his  permit  at least 30 days  prior to the effective date of
change. Any  changes or  new  conditions in the  permit  shall  include a
reasonable time schedule for compliance.


4.2.6  Permit Transfer

Wastewater Discharge Permits are issued to a specific User for a specific
operation.  A  wastewater discharge permit  shall  not be reassigned or
transferred or sold  to a new owner, new  User,  different premises,  or  a
new  or changed  operation without the  approval  of the City.   Any  suc-
ceeding owner or  User  shall  also comply with  the  terms and conditions  of
the existing permit.
                              D-27

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4.3  Reporting Requirements for Permittee
     4.3.1  Compliance Date Report

     Within 90 days  following  the date for final compliance with applicable
     Pretreatment Standards or,  in  the case of a New Source, following com-
     mencement of  the introduction of wastewater into   the  POTW, any User
     subject to Pretreatment Standards  and  Requirements shall  submit to the
     Superintendent a report indicating  the nature  and concentration of all
     pollutants in the discharge  from  the regulated process which are limited
     by Pretreatment  Standards  and  Requirements  and the average  and maximum
     daily flow for these process units in the User  facility  which are limited
     by such Pretreatment  Standards  or Requirements.   The report shall  state
     whether the applicable Pretreatment  Standards  or Requirements  are  being
     met on a  consistent  basis and, if not, what additional  O&M  and/or pre-
     treatment is necessary to  bring the User into compliance with the applic-
     able  Pretreatment  Standards or Requirements.  This statement shall be
     signed by an authorized representative  of the Industrial  User,  and  certi-
     fied  to by a qualified professional.


     4.3.2  Periodic Compliance Reports

     (1)  Any User subject  to  a Pretreatment Standard, after the compliance
          date of such Pretreatment Standard,  or, in the case of a New Source,
          after commencement of  the  discharge  into  the POTW, shall  submit to
          the Superintendent during  the months  of June and December, unless
          required more  frequently in the  Pretreatment Standard or by the
          superintendent, a report indicating  the nature and  concentration, of
          pollutants  in the effluent which  are limited by such Pretreatment
          Standards.   In addition,  this  report  shall  include a  record of all
          daily flows which during  the reporting period exceeded the average
          daily flow  reported  in  paragraph  (b)(4) of this section.   At  the
          discretion of the superintendent  and  in consideration of  such fac-
          tors as local  high or low flow rates,  holidays,  budget cycles,  etc.,
          the superintendent may  agree to alter the months during which the
          above reports  are to  be submitted.

     (2)  The Superintendent may  impose mass  limitations  on  Users which are
          using dilution to meet applicable  Pretreatment Standards or Require-
          ments,  or  in  other cases  where the imposition of mass  limitations
          are appropriate.   In  such cases, the report  required  by subparagraph
          (1)  of this paragraph  shall  indicate the mass of pollutants regula-
          ted by Pretreatment  Standards  in  the effluent of the User.  These
          reports shall  contain  the  results of sampling and analysis of the
          discharge,  Including  the  flow and the nature and concentration,  or
          production and mass  where  requested  by the  Superintendent, of pol-
          lutants contained therein which are  limited  by  the applicable Pre-
          treatment Standards.    The  frequency of monitoring  shall  be pre-
          scribed in  the applicable Pretreatment Standard. All  analysis  shall
          be performed in  accordance with  procedures established  by  the  Admin-
          istrator  pursuant to  section 304(g)  of  the Act  and contained  in  40
          CFR,  Part 136 and amendments  thereto  or with  any other test proce-
          dures approved  by the Administrator.   Sampling shall be  performed in
          accordance  with  the  techniques approved  by  the Administrator.
                                  D-28

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          (Comment:  Where  40  CFR,  Part 136 does  not  include a sampling or
          analytical technique  for the  pollutant  in question  sampling  and
          analysis  shall  be  performed in accordance with  the procedures set
          forth in  the  EPA publication, Sampling and Analysis  Procedures for
          Screening of  Industrial  Effluents  for Priority  Pollutants,  April,
          1977, and amendments  therto,  or with any other  sampling and analy-
          tical procedures approved by the Administrator.)


4.4  Monitoring Facilities

The City  shall  require  to be provided and  operated  at  the  User's  own  expense,
monitoring facilities to  allow inspection, sampling, and  flow measurement of
the building  sewer and/or internal  drainage  systems.   The  monitoring  facility
should normally be situated on the User's  premises,  but the City may,  when
such a location would  be impractical  or  cause  undue hardship  on the  User,
allow the facility to be constructed  in the public street  or  sidewalk area and
located so that  it will  not be obstructed by landscaping  or  parked vehicles.

There shall  be  ample  room in or  near such sampling manhole  or facility to
allow accurate  sampling and preparation of samples for  analysis.  The facil-
ity, sampling, and measuring  equipment shall be maintained at  all times  in a
safe and proper operating condition at the expense of the  user.

Whether constructed on  public or  private property, the sampling and monitoring
facilities shall  be provided  in  accordance with  the City's  requirements and
all applicable  local construction standards  and  specifications.  Construction
shall be  completed within 90 days following  written  notification  by  the  City.


4.5  Inspection and Sampling

The City  shall  inspect  the facilities of  any  User to ascertain whether the
purpose of this Ordinance is being met and all requirements are being complied
with.  Persons  or occupants of premises where  wastewater  is  created  or  dis-
charged  shall  allow the  City  or their  representative  ready  access  at  all
reasonable times  to all parts  of  the  premises  for  the  purposes  of inspection,
sampling, records  examination  or in  the  performance  of  any  of  their  duties.
The City, Approval Authority and  (where  the NPDES State  is the  Approval  Autho-
rity).  EPA shall   have  the right  to set up on the User's property such devices
as  are  necessary  to conduct sampling  inspection, compliance  monitoring and/or
metering  operations. Where a User has security measures in force which  would
require  proper  identification  and clearance before entry into their  premises,
the User  shall  make necessary  arrangements with  their  security  guards  so that
upon presentation  of  suitable  identification,  personnel  from  the  City, Appro-
val  Authority and  EPA  will  be permitted  to enter,  without  delay,  for  the
purposes of performing  their specific responsibilities.


4.6  Pretreatment

Users shall  provide necessary  wastewater treatment as  required  to comply with
this  Ordinance  and shall  achieve compliance  with  all  Federal  Categorical
Pretreatment Standards  within the time limitations as specified by the Federal
Pretreatment Regulations.  Any facilities  required to pretreat  wastewater to a

                                   D-29

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level acceptable  to  the City shall  be  provided,  operated,  and maintained at
the  User's  expense.  Detailed plans  showing  the pretreatment facilities  and
operating procedures  shall  be submitted to the City for  review, and  shall  be
acceptable to the City before construction of  the  facility.  The review of
such plans  and  operating procedures will in no way relieve  the user  from the
responsibility of  modifying  the facility as necessary to produce an  effluent
acceptable to the City under  the provisions of  this Ordinance.  Any subsequent
changes in the pretreatment facilities or method  of operation  shall be  report-
ed to and  be acceptable to  the  City prior to  the user's  initiation  of the
changes.

The  City  shall  annually publish in  the 	 newspaper a list  of the
Users which  were  not  in compliance with  any  Pretreatment  Requirements  or
Standards at least once during the 12 previous months.  The  notification  shall
also summarize any enforcement  actions taken against  the user(s)  during  the
same 12 months.

All  records  relating  to compliance  with Pretreatment Standards shall be  made
available  to officials  of the  EPA  or Approval  Authority  upon  request.


4.7  Confidential  Information

Information and data on a User obtained from reports, ques-
tionnaires,  permit applications,  permits  and  monitoring programs and  from
inspections  shall  be available  to  the  public  or other governmental  agency
without  restriction  unless  the  User specifically requests  and is able  to
demonstrate  to  the satisfaction  of the  City  that  the  release of such  informa-
tion would divulge information,  processes or methods of production entitled to
protection as trade secrets of the User.

When requested by the person furnishing a  report,  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 upon writ-
ten  request  to  governmental  agencies for uses  related to this  Ordinance, the
National Pollutant Discharge  Elimination System (NPDES) Permit, State Disposal
System  permit and/or  the Pretreatment Programs;  provided, however, that  such
portions of  a report  shall be available  for  use  by the  State  or  any state
agency  in  judicial review  or enforcement proceedings involving the  person
furnishing the report,   Wastewater constituents  and characteristics  will not
be recognized as  confidential information.

Information  accepted  by the  City as  confidential, shall  not  be transmitted  to
any  governmental  agency or to the  general  public  by  the  City until  and  unless
a ten-day notification is given  to the User.


SECTION 5 - ENFORCEMENT
5.1  Harmful Contributions

The  City  may suspend  the  wastewater treatment service and/or  a  Wastewater
Contribution Permit  when  such suspension is necessary, in  the  opinion  of  the
City, in order to stop an  actual or  threatened discharge which  presents  or may

                                   D-30

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present an  imminent  or substantial  endangerment  to  the  health  or welfare  of
persons, to the  environment,  causes Interference to  the POTW or causes the
City to violate any condition of its NPDES Permit.

Any person notified of a suspension of the wastewater treatment service and/or
the Wastewater  Contribution  Permit shall  immediately  stop  or eliminate the
contribution.   In  the  event  of a failure of the person to comply voluntarily
with the  suspension  order, the  City  shall  take  such  steps  as  deemed  necessary
including immediate  severance  of the sewer connection, to  prevent or minimize
damage  to the POTW system or endangerment  to  any  individuals.   The  City  shall
reinstate the Wastewater  Contribution  Permit and/or the wastewater  treatment
service upon  proof of  the  elimination  of the  non-complying  discharge.   A
detailed written statement submitted by  the user  describing the causes of  the
harmful contribution and  the  measures  taken to prevent any future occurrence
shall   be  submitted to the City within  15  days of the  date  of occurrence.


5.2  Revoca t i on of Permit

Any User  who  violates  the following conditions of this  Ordinance,  or appli-
cable  state and  federal  regulations, is subject to having his permit revoked
in  accordance  with  the  procedures of  Section  5  of  this   Ordinance:

a)   Failure of  a  User to factually report the wastewater  constituents  and
     characteristics of his discharge;

b)   Failure  of  the User  to  report significant  changes  in  operations,  or
     wastewater constituents and characteristics;

c)   Refusal of  reasonable access  to the User's  premises for the purpose  of
     inspection or monitoring;  or,

d)   Violation of conditions  of the permit.


5.3  Notification of Violation

Whenever the  City  finds that any User has  violated or  is violating  this  Ordi-
nance,  wastewater  contribution permit,  or any prohibition,  limitation  of
requirements contained  herein,  the  City may serve upon such  person  a written
notice stating the nature of the violation.  Within 30 days of the date of the
notice, a plan  for the satisfactory correction thereof shall  be  submitted to
the City by the User.


5.4  Show Cause Hearing


     5.4.1

     The City may  order any  User who causes  or allows an unauthorized dis-
     charge to enter  the  POTW  to show cause  before the  City  Council why the
     proposed  enforcement  action should not  be taken.  A notice shall  be
     served on the User specifying  the time and place  of a hearing  to be held
     by the City  Council  regarding  the violation, the reasons why the action

                                   0-31

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     is to  be  taken,  the proposed enforcement action, and directing the User
     to show cause before the City Council why the proposed enforcement action
     should not  be  taken.   The notice  of  the  hearing  shall  be  served  perso-
     nally or  by  registered or certified  mail  (return  receipt  requested)  at
     least (ten) days before the hearing.  Service may be made on any agent or
     officer of a corporation.


     5.4.2

     The City Council  may itself conduct the hearing and take the evidence, or
     may designate any  of  its members or any officer or employee of the (as-
     signed department) to:

     a)   Issue in the name of the City Council notices of hearings requesting
          the  attendance  and testimony  of witnesses  and the production of
          evidence  relevant  to  any  matter involved  in  such  hearings;

     b)   Take the evidence;

     c)   Transmit a report of the evidence and hearing, including transcripts
          and other evidence, together  with recommendations  to  the  City  Coun-
          cil for action thereon.

     5.4.3

     At any hearing held  pursuant to this Ordinance, testimony taken must be
     under oath and recorded  stenographically.  The transcript, so recorded,
     will  be made  available to  any member  of  the  public or  any party  to the
     hearing upon payment of the usual charges thereof.

     5.4.4

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

5.5  Legal  Action

If any  person  discharges  sewage, industrial wastes or other wastes into the
city's wastewater disposal  system  contrary to the provisions of  this  Ordi-
nance,  Federal or  State Pretreatment Requirements, or any order of the City,
the City Attorney may commence  an action  for  appropriate legal and/or equi-
table relief in the (Circuit) Court of this county.
                                   D-32

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SECTION 6 - PENALTY: COSTS
6.1  Civil Penalties

Any User  who  is  found to have  violated  an Order of the City Council or who
willfully or  negligently  failed to comply with  any  provision of this Ordi-
nance, and the orders, rules,  regulations  and  permits  issued  hereunder,  shall
be fined  not  less  than (One Hundred  Dollars)  (optional)  nor more than (One
Thousand  Dollars)  (optional) for  each  offense.   Each day on  which  a  violation
shall  occur or continue  shall  be deemed a separate and distinct offense.  In
addition  to the  penalties provided herein, the  City may  recover reasonable
attorneys' fees,  court costs,  court  reporters'  fees  and  other  expenses of
litigation by appropriate suit  at law  against  the  person found  to  have viola-
ted this Ordinance or the orders, rules, regulations, and permits issued here-
under.
6.2  Falsifying Information

Any person who  knowingly makes  any  false  statements,  representation  or  certi-
fication in any application,  record, report, plan or other document filed or
required to be  maintained  pursuant  to  this  Ordinance, or  Wastewater  Contribu-
tion Permit, or who  falsifies,  tampers with, or knowingly renders inaccurate
any monitoring  device  or  method required under  this  Ordinance,  shall,  upon
conviction, be  punished by a  fine of not more than Si,000 or by imprisonment
for not more than six (6)  months, or by both.


SECTION 7 - SEVERABILITY

If any  provision,  paragraph,  word,  section  or  article  of this Ordinance is
invalidated by  any court of competent  jurisdiction, the remaining  provisions,
paragraphs, words, sections, and chapters shall not be affected and shall con-
tinue in full  force and effect.


SECTION 8 - CONFLICT

All other Ordinances and parts of other Ordinances inconsistent or conflicting
with any part  of  this  Ordinance are hereby repealed  to the extent  of  such
inconsistency or conflict.
                                   0-33

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SECTION 9 - EFFECTIVE DATE
This  Ordinance shall  be in full  force  and effect (Option A) from and after
its  passage, approval and publication, as provided by law.   (Option B) on
the	day of	, 19	.
           INTRODUCED  the 	  day  of 	,  19 	
           FIRST READING: 	,  19__.
           SECOND  READING: 	,  19	.
           PASSED  this 	 day  of  	,  19	.
           AYES:
           NAYS:
           ABSENT:
           NOT VOTING:
           APPROVED  by me this  	  day of 	, 19_
                                      MAYOR,  CITY OF
      ATTEST:	  (Seal) City  Clerk
      Published the 	 day of 	,  19	.
      SECTION 10  -  INDUSTRIAL  SEWER CONNECTION  APPLICATION

      To  the (city  or town) of 	:
      The  undersigned being the  	 of the
      property located at 	
      does hereby  request a  permit to 	 an  industrial
      sewer connection serving 	,  which
      company is engaged in 	

      at said location.
     1.   A plan to the property showing  accurately all sewers and drains now
         existing  is attached hereunto as Exhibit "A".
     2.   Plans  and specifications covering any work proposed to be performed
         under   this  permit  is  attached hereunto   as  Exhibit  "B".
                                D-34

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     3.    A complete  schedule  of all  process  waters  and industrial wastes
          produced or expected to  be produced  at said  property,  including a
          description of the character of each waste,  the  daily  volume and
          maximum rates of discharge,  representative analyses, and  conpliance
          with any applicable  Pretreatment  Standard or Requirements,  is at-
          tached hereunto  as Exhibit "C".

     4.    The name and address  of the person or firm who will perform the work
          covered by this permit is	.


In consideration  of  the granting  of  this  permit the undersigned  agrees:

     1.    To furnish any additional  information  relating to the installation
          or use of  the  industrial  sewer for which this  permit is  sought as
          may be requested  by the City.

     2.    To accept and abide  by all provisions of  Ordinance No. 	 of the
          City of                ,  and of all  other pertinent Ordinances or
          regulations that may  be adopted in the  future.

     3.    To operate and maintain any waste pretreatment facilities, as may be
          required as a condition of the acceptance into the wastewater treat-
          ment  system  of  the  industrial  wastes   involved,  in  an  efficient
          manner at all  times,  and  at no expense  to the City.

     4.    To cooperate at all  times with the City and his representatives in
          their inspecting,  sampling,  and study of  the  industrial wastes, and
          any facilities provided for pretreatment.

     5.    To notify  the  City immediately in the  event  of any accident, or
          other occurrence that occasions contributor to the wastewater treat-
          ment system of any wastewater or substances  prohibited or not co-
          vered by this permit.


          Date:	     Signed	

          J	   inspection    fee   paid     	
          Application approved and permit granted:

          Date:	     Signed	
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                                                  FIRST WORKING DRAFT/8-26-80
  SECTION  11 - WASTEWATER  DISCHARGE PERMIT
                             C i ty of
                       Department of  Public Works




                      WASTEWATER DISCHARGE PERMIT
Perm!t No.
     In accordance wi th all  terms and conditions  of  the  	 City  Code,




Part 	,  Article 	,  	,  Section 	,  et.  seq. ,  and  also




with any applicable provisions of Federal  or state  law or regulation;




Permission Is Hereby Granted To	^_^^
Classified by SIC No.
For the contribution of
Into the City of	          	 sewer  lines  at
     This permit is granted in accordance with the  application  filed on




    	,  19	 in the office of  the 	
                       ()  and in conformity  with  plans,  specifications and
other data submitted to the j	)  in support of  the  above  application, all of



which are filed with and considered as  part  of  this  permit,  together with  the



following named conditions and requirements.



                                 Effective this  	day  of 	,  19	




                                 To Expire 	day  of 	,  19
                               Super intendent
                                     0-36

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                                                 Permit No.

Parameters (mg/l)
Aluminum-dissolved (Al)
Antimony (Sb)
Arsenic (As)
Barium (Ba)
Boron (B)
Cadmi urn (Cd)
Chromium-total (Cr)
Chromium-hexava 1 ent (Cr0"*")
Cobalt (Co)
Cooper (Cu)
Cyanide (CM)
Fluoride (F)
Iron (Fe)
Lead (Pb)
Manganese (Mn)
Mercury (Hg)
Nickel (Ni)
Phenols
Selenium (Se)
Silver (Ag)
Titanium-dissolved (Ti)
Zinc (In) .
Total Kjeldahl Nitrogen (TKN)
Oil & Grease (Petroleum 5/or mineral)
M8AS
Total Dissolved Solids
Temperature-maximum (degrees C)
pH-maximum (pH units)
pH-minimum (pH units)
Biochemical Oxygen Demand
Chemical Oxygen Demand
Suspended Sol ids
Flow - (MGO)
Limitations on
Wastewater Strength
\- rtJ 4>
3 C —
o o a.
. .c — £
u +j a
c -a- v. wi
O 
3 --. O. a
•« — 0
— ^20.
X CT O §
<0 £ — O
X — u. o

































Maximum
Instantaneous
Concentration
(mg/l) (Grab Sample)

































Mon i tor ing
Requi rements
(E, SV, SC)

































 £ - Enforcement Monitoring
SV - Surveillance Monitoring
SC - Surcharge Monitoring
                                    D-37

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                                       Permi t No.
                         ADDENDUM  I
Monitoring Schedule
                         D-38

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                                       Permi t No
                        ADDENDUM  II
Compliance Schedule
                         D-39

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             APPENDIX E





MONITORING EQUIPMENT COST INFORMATION

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                     MONITORING EQUIPMENT COST INFORMATION


Introduction

This section  presents  an overview of  the  different  types of equipment  and
personnel which may be used by a POTW in formulating  its pretreatment program.
Equipment  needs  may include:   laboratory,  flow measurement,  and sampling
equipment.  Personnel  needs during various stages in  the development of  a
program might  include  field technicians, chemists, lawyers, accountants, and
engineers.

A number  of manufacturers  and suppliers were  contacted  to  obtain costs for
various  types  of  equipment.   Commercial  laboratories were consulted  as to  the
costs of  contracting  out industrial  wastewater analyses.   Additionally, the
cities of Buffalo, Muncie, and Grand Rapids supplied  labor and equipment costs
incurred  in  the  development  and  operation  of their pretreatment  programs.


Equipment and Personnel


        Organic and Inorganic Analysis Equipment

Both the  development and  implementation  of  a  pretreatment program  may consist
of  analyzing  industrial  wastewaters  for the  129  toxic  pollutants and  any
other inhibitory  or interfering  pollutants.   Industrial wastewater  analyses
may  require additional  specialized equipment  beyond  the normal  wet chemistry
equipment currently contained within  most POTW laboratories.  Particularly,
the  list  of  129 toxic pollutants  contains  a  number  of  organic and inorganic
pollutants which  are  not normally included within a POTW's  NPOES  monitoring
requirements or routine in-plant testing analyses.

Conventional wet  chemistry  techniques  for the analysis  of  heavy metals  are
available  but  are time consuming and expensive, if performed routinely.   The
primary  instrument  used  in  determining the concentrations of heavy metals in
wastewater samples  is  the atomic absorption  spectrophotometer (AA).  Atomic
absorption methods  provide for the analyses  of  metals  with minimum sample
preparation and,  in most instances, concentrations of the metals  in  the  parts
per  billion range can  be detected.  Price  estimates for AA units  range  from
$10,000  to  $28,000.   Additional  items such as hollow cathode tubes, an air
filter and  hood,  gas  pressure regulators, etc. are needed to set up an oper-
able unit.  The necessary  accessories  required to  meet  accuracy  and  detection
limit guidelines  may  add another $3,000 to $5,000 to  the cost of the unit.
Therefore, a  typical AA  unit  capable  of  performing analyses  for  all  the  heavy
metals within  desired  accuracy and detection  limit  ranges  may  cost on  the
order of $18,000  to $25,000.

Gas  plasma  units  and  metal  analyzers  are  highly sophisticated and expensive
types of  equipment  also  used in the  analyses  of metals.  The main advantage
of  these  units are that they are  automated resulting in increased speed and
accuracy.  Prices  for  these units range from  $50,000 to $100,000.  The life-
span of  AA units range from  10  to 15  years.   Manufacturers  recommend that a
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degreed chemist  be  responsible for operating an AA unit although  some of  the
simpler models may  be operated by a technician with extensive wastewater  lab
experience.  The  salary  range for an AA  operator  may range from  $10,000  to
$15,000.  The  more  sophisticated  gas plasma and metal  analyzer units would
require more experienced operators.

Gas  chromatography  (GC)  is the most  prevalent technique used  in  analyzing
organics  in wastewaters.   Complete GC units range  in  price from  $50,000  to
$250,000.   The topline GC  unit has many  features  such as a memory,  data
storage,  and  a printer  which saves  the  operator time  in performing the
organic analyses.   Any GC  unit requires  the  operator  to interpret  the  readout
of the  machine to determine the presence  (or  absence)  and concentration  of
individual  organic  pollutants.  A GC operator,  therefore,  may  require sub-
stantial  training and  experience  such as  a  4-year  college level   or beyond.
Typical  salaries  for  GC  operators  may  range  from $12,000  to $20,000.

To increase the  speed and  accuracy of organic  analyses, a  mass spectrometer
(MS)  can  be added onto a GC unit.  Prices for GC-MS units  range from $50,000
to $250,000.   Generally, the  more automated the unit—the  higher  the  price.
A $100,000  to  $250,000  unit is usually  fully  automated and includes extras
such as computer  printout,  hookups  to outside  laboratory data bases, mag-card
tape storage,  etc.  Operators of GC-MS units usually have bachelors or masters
degrees  in  chemistry and  occasionally  doctorates.   The  salaries  of GC-MS
operators may  range from $15,000  to $25,000 depending  upon the scope  of  or-
ganics analyzed.


        Commercial Laboratory Costs

An alternative available to POTWs for the analysis of metals and  organics  is
to send out the  samples  to commercial labs.   A POTW should perform a-cost-
effectiveness   analysis  comparing  the costs of  purchasing  equipment such  as
AA and  GC units  and employing qualified personnel  versus entering a contract
for  the  services  of a commercial  lab.  Although  the commercial  labs contacted
for  this  study offered  a wide variety of  services  and  expertise, 11  of the
labs  indicated that available EPA  analytical  techniques  would  be used  for
metal and organic  analyses.   One  lab contacted  indicated  that  the complete
list of  129 toxics  could be analyzed  for $1,000.  This  lab  also would  collect
(locally) 24-hour to  3-day  composite  or discrete samples at a cost of  $300 to
$500.

Another  lab,  which would  use a $250,000  computerized  GC-MS  operated  by  a
Ph.D. in  chemistry,  quoted  a  price  of $1,200 for all  the organics  on the  list
of 129  toxic  pollutants.   An analysis for the toxic metals on the list would
cost an additional $300.

A third lab stated  that all 129 toxics would be analyzed for $1,800.  Indepen-
dent metals testing would  cost an  average  of $10 to $12 per metal  or approxi-
mately  $150 for  all the metals in a sample.  A fourth lab  contacted does  not
perform organic analyses.  This lab charges from $9 to $16  per metal analysis,
depending upon  the  metal  being analyzed.  Summarizing, the costs  quoted  by
commercial  labs  for the analysis  of all  65 toxic  organics and inorganics
ranged  from $1,000  to $1,800 and for all  the metals  from $150 to  $300.   The
prices  charged by these commercial labs are probably much higher than the
costs that  would  be incurred  by a  POTW laboratory  if the analyses were per-

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formed daily.  However,  for  the POTW with limited analyses requirements, the
costs of equipment  depreciation and operation and the salary costs of quali-
fied personnel  may be more prohibitive on a per sample basis.


        Sampling Collection Costs

Whether the  POTW performs  the  analysis  of  samples  in-house or sends  the
samples to  a commercial  lab,  the  industrial  wastewater samples  must be
collected.   Three types  of industrial  watewater  samples  can  be  collected  by
a POTW:

(1)     Grab samples--a  single  volume  of wastewater  is  obtained.   This  type
        of  sample  does  not  account for  changes  in   industrial  wastewater
        characteristics over time.

(2)     Simple composite samples—equal   volume  grab  samples are  collected
        in   present  time intervals  and combined  into  a single reservoir or
        collected as  individual  (discrete)  samples.   This  type of sample
        provides a  partial  evaluation  of the variability of  wastewater  com-
        position with time.

(3)     Flow proportioned  composits samples--!ncremental  samples with sample
        volumes  proportional  to  flow are collected.   This  type of  sample,
        when analyzed  and  compared  to total  flow, provides the most accurate
        measure of wastewater quality and pollutant loading.

All three types  of  sampling can  be  accomplished  either  manually or automa-
tically.   In general, manual sampling devices are not commercially available.
A  simple manual  sampler can be fabricated by attaching a stoppered bottle to
an extendable  pole.   The bottle should  be hinged so  that it can be aligned
parallel  to  the  wastewater flow and a string  should be attached  to the bottle
stopper so  it can  be removed  when  the  sample  bottle is submerged.   Grab
samples and simple composite samples can  be readily obtained with this device.
Flow proportioned composite  samples would require the conjunctive  use of a
flow-measuring device.

Portable automatic  sampling  devices are  available which  consists of a  collec-
tor bottle  and timing  and  flow  controls  to enable uniform samples  to  be  taken
at specified periods  of time.   Simple composite  samplers of  this  type range
in cost from $1,000 to $1,500,   Portable  discrete composite samplers (non-flow
proportioned)  operate  on a different basis  as  each  sample  is collected  in
individual   bottles  at  present  time intervals.  These contain a  rotating rack
with individual  sample  bottles; the discrete  composite samplers  with  a single
reservoir.   Both  types  of  composite samplers  can  be combined  with  an  external
mechanical   flow-measuring  device  to obtain  flow  proportioned  composite
samples.

Many of the organics  on the list  of 129 toxic  pollutants are hydrocarbon  or
chlorine-based compounds  (e.g., chlorinated  benzenes, phenols, PCB's, etc.).
As a  result,  samples  with small concentrations of these toxic substances may
be contaminated  by  contact with most common  plastics; possibly  invalidating
the analysis of  the samples.   Toxic options for  the  samplers described above
include teflon or  glass-constructed materials for any parts which might come


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into contact with  the sample.  The costs of including toxic options increase
the price of the above samplers from $600 to $900.

Portable pH meters  may  also be used  in  sampling  industrial  wastewaters.   pH
meters range in  cost  from $100 for a glass electrode—needle indicator model
to $1,000 for  a  highly accurate, digital readout model.  Multi-purpose units
which combine  pH,  DO, and conductivity  functions  range  in  price  from  $400
to $600.

Various  types  of equipment are available  for  measuring  flows in  pipes  and
manholes  including  flumes,  weirs, and  miscellaneous mechanical  devices.
Portable flumes  which can  be quickly inserted into  pipes  ranging in size
from 6"  to  24"  cost  from  $200  to $700 depending upon  the  pipe size.   A
complete set of  weirs which  will  enable  the measurement  of  flow  in pipes  from
6" to 27" costs  approximately $400 to  $600.   Individual  weirs for different
pipe sizes can be purchased for $50 to $200,

Numerous mechanical devices  are commercially available for  the measurement of
flow.  Electromechanical  and  ultrasonic  recorders  can be  used  to continuously
record  the  level  of flow over weirs  or flumes.  The  level  of  flow can be
converted to a  flow rate by interpreting a conversion table for  the specific
weir or  flume  used.   Additionally, both the electromechanical and ultrasonic
level recorders can be fitted with internal controls which convert flow levels
to flow  rates.   Electromechanical  level  recorders range in  price  from $1,200
to $2,000;  adding  internal  controls to  convert the  level  of flow to a flow
rate may increase the price  by $200 to  $500.   Ultrasonic  level recorders  cost
approximately $2,000  to  $2,500  and ultrasonic  flow  rate  recorders cost  from
$2,300 to $3,000.


        Safety Equipment Costs

Safety  equipment  for sampling industrial  wastewaters should include, at  a
minimum:  hardhats,  safety goggles, rubber gloves,  safety  boots, and other
protective  clothing,  safety harnesses,  and first  aid  kits.   Such equipment
would range in price from $150 to $300.

Other safety  equipment needs  might include oxygen  deficiency  meters  and
explosive and combustible  gas detectors.  Oxygen deficiency meters  range  in
cost from $200  for  a simple  unit  to  $700  for  a combined  meter which  detects
0- deficiency and the presence of  combustible  and  explosive  gases.   Explosive
gas meters  and  combustible gas meters cost from  $250 to $500.   To outfit a
sampling crew with a complete set of safety equipment would  cost  anywhere from
$500 to  $2,000 depending  primarily on  the  types  of  industries  and  their
sampling locations.

Experienced field  technicians will  be  required  to  perform  the   industrial
wastewater  sampling.   All  field  technicians  should  be properly  trained  in
sampling techniques and safety procedures.  Additionally, the field technician
will be  required  to perform in-plant investigations  and  may have to  testify
in court against violators of pretreatment standards.   In  some  cities  with
operative pretreatment  programs,  the  field  technicians collect the samples at
the  industries and  perform  the necessary analyses  in  the  wastewater  treatment
plant laboratory.   This methodology  may be less  expensive  than employing


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separate personnel  for collection  and  analysis of samples.   Additionally,
this method  ensures a  complete "chain of  possession" for the  industrial
samples.  Salary  ranges for  technicians vary  from  $8,000  to $15,000  depending
upon the extent of the technician's duties.


        Administrative Personnel
The development and  operation  of a pretreatment  program will  require  highly
qualified prsonnel  with both technical and  administrative  abilities.   Pre-
treatment plant operations,  knowledge  of  industrial wastewaters,  laboratory
analysis  techniques,  and  field  sampling  and  monitoring.   Most  of these
functions would be  directed  by the Supervisor of a POTW.   In  larger cities,
a staff engineer may head a separate pretreatment department.

Legal  assistance may  be required in the  initial  development of the program
to revise  the ordinance if  necessary.  Also,  accounting  assistance may  be
required to determine  an equitable means  of financing  the  pretreatment pro-
gram.    Most  POTWs  will  have staff available either within  the POTW staff
itself  or  within  other  city departments.   In  many cases,  it  may be cost-
effective to  have consultants  provide  services to assist the POTW  in develop-
ing its pretreatment program.
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