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
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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).
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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
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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
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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
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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.
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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;
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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.
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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.
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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-
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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
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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).
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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.)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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i CITY
INDUSTRY CATEGORY |
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C-7
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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
-------
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.
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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.]
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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:
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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;
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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.
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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.
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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
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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
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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
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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.
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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.
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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".
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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
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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
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Permi t No.
ADDENDUM I
Monitoring Schedule
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Permi t No
ADDENDUM II
Compliance Schedule
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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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