The following words, terms and phrases, when used in this article, or when used in any permit, notice or order issued pursuant to this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Terms used in this article that are not defined in this section shall be defined in the latest edition of Glossary: Water and Wastewater Control Engineering, prepared by the Joint Editorial Board of the American Public Health Association, the American Society of Civil Engineers, the American Water Works Association and the Water Pollution Control Federation.
(a) Act (and the Act) means the Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 USC 1251 et seq.
(b) Approval Authority means the administrator of the Environmental Protection Agency (EPA) or, if the Pretreatment program has been formally delegated to the Kansas Department of Health and Environment (KDHE), such term shall mean the Director of the division of environment of the state department of health and environment.
(c) Authorized Representative means the following Authorized Representative of a User:
(1) A principal executive officer of at least the level of vice-president, if the User is a corporation;
(2) A general partner or proprietor, if the User is a partnership or proprietorship, respectively;
(3) A duly Authorized Representative of the individual designated in writing by a Person described in subsections (1) and (2) of this definition, which such written designation is submitted to the City, provided that such representative must either be responsible for the overall operation of the User from which the indirect discharge originates, or have overall responsibility of environmental matters for the User.
(d) City means the City of Newton, Kansas.
(e) Composite Sample means a combination of individual samples of water or wastewater taken at selected intervals, generally hourly or some similar specified period, to minimize the effect of the variability of the individual sample. Individual samples may have equal volume, or may be proportional, to the flow at the time of sampling.
(f) Cooling Water (non-contact) means the water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only Pollutant added is heat.
(g) Direct discharge means the discharge of treated or untreated wastewater directly to the Waters of the State.
(h) Director means the designated Director of Public Works of the City of Newton, Kansas, or his or her designee for purposes of the administration and enforcement of this article.
(i) Domestic Wastewater means any wastewater discharged from any User that has characteristics that could be reasonably expected from a household.
(j) Environmental Hearing Officer means the designated Environmental Hearing Officer of the City of Newton, Kansas, with authority to conduct administrative hearings for the purposes of enforcing the City’s health and property nuisance regulations.
(k) Environmental Protection Agency (and EPA) means the U.S. Environmental Protection Agency, or, where appropriate, such term may also be used as a designation for the administrator or other duly authorized official of the agency.
(l) Grab Sample means 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 consideration of time.
(m) Holding Tank Waste means any waste from a holding tank, such as a vessel, chemical toilet, camper, trailer, septic tank and vacuum-pump tank truck.
(n) Indirect discharge refers to the discharge or introduction of nondomestic Pollutants from any source regulated under Section 307(b) or (c) of the Act (33 USC 1317) into the wastewater disposal system, including Holding Tank Waste discharged into the system.
(o) Interference means the inhibition or disruption of the wastewater treatment processes or operations, which contributes to a violation of any requirement of the City's NPDES permit. Such term includes prevention of sewage sludge use or disposal by the wastewater collection system in accordance with Section 405 of the Act (33 USC 1354), or any criteria, guidelines or regulations developed (present or future) pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including 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 wastewater collection system.
(p) KDHE means the Kansas Department of Health and Environment.
(q) National Categorical Pretreatment Standard and Pretreatment Standard means the guidelines and standards promulgated by the EPA in 40 CFR ch. I, subch. N, pts. 400—471, in accordance with Section 307(b) and (c) of the Act (33 USC 1317).
(r) National Pollution Discharge Elimination System permit (and NPDES permit) means a discharge permit issued by the Approval Authority pursuant to Section 402 of the Act (33 USC 1342).
(s) National Prohibitive Discharge Standard (and Prohibitive Discharge Standard) means any present or future regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
(t) New Source:
(1) New Source means any building, structure, facility or installation from which there is, or may be, a discharge of Pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with such Section, provided that:
(i) The building, structure, facility or installation is constructed at a site at which no other source is located; or
(ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of Pollutants at an existing source; or
(iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors should be considered such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source.
(2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(ii) or (1)(iii) of this definition, and otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a New Source has commenced if the owner or operator has:
(i) Begun, or caused to begin, as part of a continuous on-site construction program:
(A) Any placement, assembly or installation of facilities or equipment; or
(B) Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of New Source facilities or equipment.
(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in the operation, within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.
(u) Pass Through means a discharge which exits the POTW into waters of the United States, in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
(v) Person means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents and assigns.
(w) Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munition, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
(x) Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(y) POTW means the publicly owned treatment works, including any device and system used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, and any sewers, pipes and other conveyances, if they convey wastewater to a Wastewater Treatment Plant.
(z) Pretreatment means the reduction of the amount of Pollutants, removal of Pollutants or alteration of the nature of Pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such Pollutants into a wastewater collection system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).
(aa) Pretreatment Requirements means any substantive or procedural requirement, present or future, relating to Pretreatment, other than a National Categorical Pretreatment Standard imposed on an industrial User.
(bb) Significant Industrial User.
(1) Except as provided in subsection (2) of this definition, Significant Industrial User means:
(i) Any industrial User subject to National Categorical Pretreatment Standards;
(ii) Any other industrial User that:
(A) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW, excluding sanitary, noncontact Cooling Water and boiler blow down wastes; or
(B) Contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(C) Is designated as a Significant Industrial User by the City on the basis that the industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
(2) Upon a finding that an industrial User meeting the criteria in subsection (1)(ii) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial User or POTW and in accordance with 40 CFR 403.8(f)(6), determine that such industrial User is not a Significant Industrial User.
(cc) Slug means any discharge of wastewater of a non-routine or episodic nature, including but not limited to an accidental spill or noncustomary batch discharge which, in concentration of any given constituent or in quality of flow, exceeds for any period of duration longer than fifteen minutes, and/or more than five times its average twenty-four hour concentration of flows, during normal operation.
(dd) Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1972.
(ee) State means State of Kansas
(ff) Stormwater means any flow occurring during or following any form of natural precipitation and resulting from such precipitation.
(gg) Toxic Pollutant means any Pollutant, or combination of Pollutants, listed as toxic in present or future regulations promulgated by the administrator of the EPA under the provision of Section 307(a)(1) of the Clean Water Act.
(hh) User means any governmental agency, including its agents, or any Person, including a Significant Industrial User, who contributes, or causes or permits the contribution of, wastewater into the City's wastewater collection system.
(ii) Wastewater Treatment Plant means that portion of the POTW which is designed to provide treatment, including recycling and reclamation, of municipal sewage and industrial waste.
(jj) Waters of the State means 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 of Kansas, or any portion thereof.
The Director of Public Works is hereby designated and authorized as follows:
(a) To administer the provisions of the industrial Pretreatment program, including all regulations as contained in this article;
(b) To have charge of the industrial wastewater discharge permit program, industrial User self-monitoring and reporting requirements, inspection and sampling program, and enforcement program as required to ensure compliance by industrial Users with applicable laws, rules, regulations, resolutions and ordinances relative to industrial Pretreatment; and
(c) To be responsible for coordination between other departments and divisions of the city, county, state and federal governments, industries and all other appropriate agencies and organizations.
(a) General Prohibitions. No Person shall contribute or discharge, or cause to be contributed or discharged, directly or indirectly, any Pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all Users of the POTW whether or not the User is subject to National Categorical Pretreatment Standards or any other national, state or local Pretreatment standards or requirements.
(b) Specific Prohibitions. The prohibitions set forth in sections 19-130 and 19-131 of this article are hereby specifically made applicable to all Users under this article.
(c) Local Limits. The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c). The Director may also develop Best Management Practices (BMPs) and incorporate the same into any wastewater discharge permit.
Industrial processes in which wastes are discharged into the public sewer system, and that may be subject to this article include but are not limited to the following:
(a) Automotive manufacturing/repair/finishing;
(b) Commercial laundry cleaning operations;
(c) Electrical and electrical components;
(d) Metal finishing;
(e) Gum and wood chemicals;
(f) Inorganic chemicals manufacturing;
(g) Pharmaceutical production, manufacturing;
(h) Leather production;
(i) Pulp, paper, and paperboard;
(j) Rubber manufacturing;
(k) Soap and detergent manufacturing;
(l) Textiles production;
(m) Timber processing; and
(n) Roofing and Paving materials production.
(a) No Significant Industrial User shall discharge any wastewater into the POTW without a wastewater discharge permit issued in the manner provided in this article.
(b) A Significant Industrial User proposing to connect or contribute to the POTW shall obtain a wastewater discharge permit in the manner provided in this article before making any such connection or contribution to the POTW.
(c) All existing Significant Industrial Users connected or contributing to the POTW at the time these provisions become effective shall obtain a wastewater discharge permit within 180 days after the effective date of these provisions.
Users required to obtain a wastewater discharge permit shall complete and file with the City an application in the form as prescribed by the City. In support of the application, the User may be required to submit any or all of the following information:
(a) Name, address and location of the discharge facility (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 limited to, those mentioned in this chapter as determined by an analytical laboratory certified by KDHE; sampling and analysis shall be performed in accordance with the 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 invluding all materials which are or could be discharged.
(h) The nature and concentration of any Pollutants in the discharge which are limited by any city, state or federal Pretreatment standards and a statement regarding whether or not the Pretreatment standards are being met on a consistent basis and if not, whether additional operations and maintenance (O&M) and/or additional Pretreatment is required for the User to meet applicable Pretreatment 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 established for the applicable Pretreatment standard; and in addition, 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 Pretreatment required for the User to meet the applicable Pretreatment stands (e.g., selecting a consulting engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, plant start-up, etc.)
(2) No increment referred to in subsection (i)(1) of this section shall exceed 9 months.
(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 Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the 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 Director.
(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).
(l) 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 discharge permit subject to the terms and conditions provided in this article.
(a) If, after examining the information contained in the wastewater discharge permit application, it is determined by the Director that the characteristics of the existing or proposed discharge are not in compliance with the provisions of this article, the application may be denied and the applicant advised of the steps which must be taken to achieve compliance.
(b) If, after examining the information contained in the wastewater discharge permit application, it is determined by the Director that the characteristics of the existing or proposed discharge do not conflict with the provisions of this article and the permit fee is paid, a wastewater discharge permit shall be issued allowing the discharge of such wastes into the POTW.
(c) Each discharge permit shall be issued for a time not longer than 5 years from the date of the issuance of the permit, or for such shorter period as the Director may reasonably determine under the circumstances.
(d) The terms and conditions set forth in the permit shall be subject to modification by the City during the term of the permit as limitations or requirements as set forth therein are modified or as other just cause shall arise. The User shall be informed of any proposed changes in the User’s permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as the circumstances may allow in the judgment of the Director.
(e) A wastewater discharge permit may be revoked by the Director under the procedures set forth in section 19-333 under any of the following circumstances:
(1) If the discharge is not in compliance with the provisions of this article;
(2) If the User fails to factually report the characteristics of the discharges, or significant changes in operations, or wastewater constituents and characteristics;
(3) If the User refuses right of entry in violation of the provisions of section 19-331; or
(4) If there is a violation of any of the conditions of the permit.
(f) A User shall apply for reissuance of an existing wastewater discharge permit not less than 90 days prior to the expiration of the User’s existing permit.
Wastewater discharge permits shall be issued to a specific User for a specific operation, and are not assignable or transferable to any other Person or User, or to any different premises, or to any other operation than the one for which it was originally issued without the prior written consent and approval of the Director. Wastewater discharge permits shall be expressly subject to all provisions of this article, and all other applicable state and federal regulations, and all User charges and fees as established by the City. Permits shall include the following:
(a) Statement of duration, in no case more than 5 years.
(b) Statement of non-transferability without prior notification to the Director and provision of a copy of the existing wastewater discharge permit to the new owner or operator.
(c) Limits on the average and maximum wastewater constituents and characteristics based on applicable Pretreatment standards, National Categorical Pretreatment Standards, local limits, and state or local law.
(d) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(e) Requirements for installation and maintenance of inspection and sampling facilities.
(f) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(g) Compliance schedules.
(h) Requirements for submission of technical reports or discharge reports, including reports encompassing self-monitoring, sampling, reporting, notification, and record keeping requirements.
(i) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Director, and affording Director access thereto.
(j) Requirements for notification of the Director prior to any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the municipal sewer system.
(k) Requirements for notification of slug discharge.
(l) Statement of applicable civil and criminal penalties for violation of Pretreatment standards and requirements, and any applicable compliance schedule.
(m) Other conditions as deemed appropriate by the Director to ensure compliance with this chapter.
Other discharge limits may be established by the Director or resulting from modifications to current regulations. A new wastewater discharge permit shall be required if the character of the waste is materially changed from that described in the permit application.
(a) If any waters or wastes are discharged or are proposed to be discharged into the POTW, which waters or wastes contain the substances or possess the characteristics enumerated in this article, and which in the judgment of the Director may have a deleterious effect upon the sewerage works, sewage treatment processes, equipment or receiving waters, present an imminent endangerment to the health and welfare of persons, or which otherwise create or constitute a public nuisance, the Director may, after informal notification to the User:
(1) Reject the waters or wastes;
(2) Immediately take measures to halt or prevent any discharge of Pollutants to the POTW;
(3) Require Pretreatment to an acceptable condition for discharge;
(4) Require control over the quantities and rates of discharge; and/or
(5) Require payment to cover the added cost of handling and treating the waters or wastes.
(b) Any Person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall be subject to the enforcement conditions set forth in this article.
(c) If the Director permits the Pretreatment or equalization of waste flows, the design and installation of the plants and/or equipment shall be subject to the review and approval of the Director. Plans and specifications shall be submitted to the Director for review and approval prior to beginning any building or construction, and shall be subject to all applicable local, state and federal laws, regulations, codes and ordinances. Where Pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.
Required Users shall provide necessary wastewater treatment to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations specified by the national Pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the owner's expense. Detailed plans showing the Pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before construction of the facilities. The review of such plans and operating procedures will in no way relieve the owner from the responsibility of modifying the Pretreatment facility, as necessary, to produce an effluent acceptable to the City under the provisions of this article. Any subsequent changes in the Pretreatment facilities or method of operation shall be reported to, and be approved by, the Director prior to the owner's initiation of the changes.
All Users subject to the requirements of this article shall notify the City in advance of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater collection system. Pursuant to 40 CFR 403.12(p), Users shall notify the POTW in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261.
(a) Any industrial User who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division Director and KDHE bureau of waste management in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial User discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information, to the extent such information is known and readily available to the industrial User:
(1) An identification of the hazardous constituents contained in the wastes;
(2) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and
(3) An estimate of the mass and constituents in the waste stream expected to be discharged during the following 12 months.
(b) All notifications must take place no later than 180 days after the discharge commences. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted. The notification requirement in this section does not apply to Pollutants already reported under the self-monitoring requirements.
(c) Dischargers are exempt from the requirements of subsection (a) of this section during a calendar month in which the User discharges no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.
(d) In case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act, 42 USC 6921, identifying additional characteristics of hazardous wastes or listing any additional substance as a hazardous waste, the industrial User must notify the POTW, the EPA regional waste management division Director and KDHE bureau of waste management of the discharge of such substances within 90 days of the effective date of such regulations.
(e) In the case of any notification made under this section, the industrial User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the national standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Director shall notify all affected Users of the applicable reporting requirements under 40 CFR 403.12.
Where the City's wastewater treatment system achieves consistent removal of Pollutants limited by National Categorical Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Pretreatment standards. The City may modify Pollutant discharge limits in the Pretreatment standards if the requirements contained in 40 CFR 403.7, including subsequent amendments, are fulfilled and prior approval from the Approval Authority is obtained.
State requirements and limitations on discharges shall apply in any case where such requirements and limitations are more stringent than federal requirements and limitations or the requirements and limitations set forth in this article.
The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater treatment system, if deemed necessary by the City. Such limitations or requirements established by the City shall be deemed Pretreatment standards upon approval of such Pretreatment standards by the EPA and the KDHE.
No Person shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards or in any other Pollutant-specific limitation developed by the City or state.
(a) A bypass of the industrial User’s Pretreatment facility is prohibited unless bypass did not violate applicable Pretreatment standards and requirements, and provided it meets each of the following requirements:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The industrial User submitted notices as required by subsections (b) and (c) of this section.
(b) If an industrial User knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible, at least 10 days before the date of the bypass.
(c) An industrial User shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment standards to the Director within 24 hours from the time the industrial User becomes aware of the bypass. A written submission shall be provided within 5 days of the time the industrial User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; analytical results of the bypass effluent; if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. All analysis will be performed by a laboratory certified by the Kansas Department of Health and Environment in accordance with procedures established by the Approval Authority pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto. Notification does not preclude the industrial User from any penalties the City may seek if Pretreatment standards are exceeded.
(a) Each User subject to the requirements of this article shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the User's own cost and expense. Detailed plans, showing facilities and operating procedures to provide such protection, shall be submitted to the City for review and shall be approved by the City before construction of the facilities. All existing Users shall complete such a plan within 6 months of the date the City notifies the User that a plan is required. No User that commences contribution to the wastewater collection system after the effective date of this article 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 User from the responsibility to modify the facilities, as necessary, to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the User to immediately telephone and notify the Wastewater Treatment Plant of the incident. The notification shall include the location of the discharge, type of waste, concentration and volume, and corrective actions.
(b) Written notice. Within 5 days following an accidental discharge, the Authorized Representative of the User shall submit to the Director 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 wastewater collection system, fish kills or other damage to Persons 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.
(c) Notice to employees. A notice shall be permanently posted on the Users' bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
The Director may require any industrial User to develop and implement an accidental discharge/slug control plan. Once every 2 years the Director shall evaluate whether each Significant Industrial User needs such a plan. Any industrial User required to develop and implement an accidental discharge/slug control plan will submit a plan which includes, at a minimum, the following:
(a) Description of discharge practices, including non-routine batch discharges.
(b) Description of stored chemicals.
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges set forth in section 19-303.
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures may include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing organic Toxic Pollutants, including solvents, and/or measures and equipment for emergency response.
(a) 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 User subject to Pretreatment standards or requirements shall submit to the Director a Base-line Monitoring Report (BMR) in accordance with the requirements of 40 CFR, Part 403.12(b) 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 such process units of the 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 O & M and/or Pretreatment is necessary to bring the User into compliance with the applicable Pretreatment standards or requirements. The statement shall be signed by an Authorized Representative of the User and certified to by a licensed professional engineer in the state.
(b) Within 90 days following the submission of the BMR pursuant to subsection (a) above, the User shall submit to the Director a report in accordance with the requirements of 40 CFR, Part 403.12(d).
Any Significant 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 wastewater collection system, shall submit to the Director during the times designated by the User’s permit, a periodic monitoring report indicating the nature and concentration of Pollutants in the effluent which are limited by such Pretreatment standards. In addition, the report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the Director, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the reports required in this section are to be submitted.
The City may impose mass limitations on a User, where appropriate, to meet applicable Pretreatment standards or requirements. In such cases, the report required by section 19-322 shall indicate the mass of Pollutants regulated by Pretreatment standards in the effluent of the User. Such report shall contain the results of sampling and analysis of the discharge, including the flow, nature and concentration or production and mass, where requested by the Director, 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 analyses shall be performed in accordance with procedures established by the administrator 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 and shall be performed by a laboratory certified by the KDHE. Sampling shall be performed in accordance with the techniques approved by the EPA.
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 entitled 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 EPA. Analysis of samples and other monitoring data shall be performed only by a laboratory certified by the KDHE. If sampling performed by a User indicates a violation, the User shall notify the City within 24 hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation, except that the User is not required to resample if the City performs sampling at the User's premises:
(a) At a frequency of at least once per month; or
(b) Between the time when the User performs its initial sampling and the time when the User receives the results of such sampling.
The City shall require monitoring facilities to be provided and operated at the User's own expense and 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, allow the monitoring facility to be constructed in the public right-of-way in exchange for adequate compensation therefor, 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 monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility, 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, sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction of such facilities shall be completed within 90 days following written notification by the City, and shall be maintained to a standard as directed by the Director consistent with the provisions of this article.
The City may, through the Director, after informal notice to the discharger, immediately and effectively suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary in the opinion of the Director in order to halt or prevent an actual or threatened discharge which: presents, or may present, an imminent or substantial endangerment to the health or welfare of Persons or to the environment; or causes, or threatens to cause, Interference to the wastewater collection system; or causes the City to violate any condition of its NPDES permit. Any Person notified of suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of failure of the Person to voluntarily comply with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection and/or severance of the water supply, to prevent or minimize damage to the wastewater collection system or endangerment to any individual. The City shall reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the Authorized Representative of 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.
It shall be unlawful for any Person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater discharge permit, or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this article.
Any industrial User subject to the reporting requirements established in this article shall:
(a) Maintain records of all information resulting from any required monitoring activities. Such records shall include for all samples:
(1) The date, exact place, method and time of sampling, and the names of the person or persons taking the sample.
(2) The dates analyses were performed; who performed the analysis; the analytical techniques and methods used; and the results of each such analysis.
(b) Retain for a minimum of 3 years all records of all monitoring activities and results (whether or not such monitoring activities are required under this article), and make such records available for inspection and copying by the Director, the EPA or KDHE. This period of retention shall be extended during the course of any unresolved litigation or administrative proceedings regarding the User or the POTW.
(c) Make available upon request to the Director, the EPA or KDHE all records relating to compliance with pretreatment standards, except information deemed confidential pursuant to section 19-330.
Information and data on a User that is obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the User specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or secret processes 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 or copying by the public, but shall be made available upon written request to the EPA or the Kansas Department of Health and Environment, without notice to the Person furnishing the report, for uses related to this article, the NPDES 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.
The City may inspect any User, including a Significant Industrial User, to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purpose of inspecting the premises, including making copies of records, taking samples or otherwise performing any of their duties under the law. The City, the KDHE and the EPA shall have the right to install 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, the KDHE and the EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
(a) The City may order any User that uses or allows an unauthorized discharge to enter the POTW to show cause before the Environmental Hearing Officer why the proposed enforcement action should not be taken. A notice shall be served, specifying the time and place of a hearing to be held by the Environmental Hearing Officer regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the User to show cause before the Environmental Hearing Officer why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
(b) The Environmental Hearing Officer shall have authority to conduct hearings hereunder, place witnesses under oath, take evidence, and issue findings and orders in enforcement of this article.
(c) At any hearing held pursuant to this section, testimony taken must be under oath and recorded electronically or stenographical. The record of the hearing shall be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) The Environmental Hearing Officer shall, after reviewing the evidence, make written findings and may issue orders to the User responsible for the discharge based upon such findings. Such orders may include the direction that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(e) Any Person aggrieved by an order of the Environmental Hearing Officer may appeal such order to the District Court of Harvey County, Kansas, in the manner as set forth in K.S.A. 60-2101(d).
(a) Whenever the City finds that any User has violated, or is violating, this article, a wastewater discharge permit or any prohibition, limitation or requirement contained in this article, 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 Authorized Representative of the User.
(b) When the Director finds that a User has violated or continues to violate the provisions set forth on this article or the conditions set forth in the User’s permit, the Director may issue an administrative order for compliance to the User. An administrative order may contain any requirements as might be reasonably necessary and appropriate to address the noncompliance, including but not limited to the installation of pretreatment technology, additional self-monitoring, and management practices.
(c) Any Person aggrieved by a violation notice or administrative order may, within 10 days of the issuance thereof, file with the Director a request for a hearing before the Environmental Hearing Officer. The Director shall give prompt notice of such request to the Environmental Hearing Officer, who shall then proceed in the manner as set forth in section 19-332.
(d) The Director is authorized to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the User responsible for noncompliance. Such orders will include specific action to be taken by the User to correct the noncompliance within a time period specified by the order, and may include provisions for the payment of an administrative penalty in an amount not less than $100 and not more than $1,000 per violation. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsection (b) above.
If any Person discharges sewage, industrial wastes or other wastes into the City's wastewater collection system contrary to the provisions of this article, or contrary to national or state Pretreatment Requirements, or contrary to any lawful order of the City in enforcement of this article, or if any Person otherwise fails to comply with an applicable Pretreatment standard under national, state or local law, the City Attorney may commence an action for appropriate legal and/or equitable relief in the District Court of Harvey County, Kansas.
(a) Any Person or User that is found to have violated any provision of this article, or any lawful order of the Director or of the Environmental Hearing Officer, or who has otherwise failed to comply with any provision of this article or of any orders, rules, regulations and permits issued under this article, shall be fined not less than $100.00, nor more than $1,000.00 for each offense, or may be imprisoned for not more than 6 months, or may be both fined and imprisoned. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(b) In addition to the penalties provided in this section, the City may recover reasonable attorneys' fees, court costs and other expenses of litigation by appropriate suit at law against the Person or User found to have violated this article or the orders, rules, regulations and permits issued under this article.
(c) Any Person or User violating any of the provisions of this article or of any orders issues in relation thereto shall be civilly liable to the City for any expense, loss or damage occasioned the City by reason of such violation, including such fines, penalties and other costs which may be assessed to the City for violation of wastewater treatment plant effluent requirements, where such violation was created by a User of the POTW who, in turn, is in violation of City, state or federal regulations.
(a) The City shall annually publish in the official City newspaper a list of the Users which were in Significant NonCompliance with any applicable Pretreatment standards or requirements. For the purposes of this section, an industrial User is in Significant NonCompliance (SNC) if its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, which are discharges in which 66 percent or more of all of the measurements taken during a 6-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same Pollutant parameter;
(2) Technical review criteria (TRC) violations, which are discharges in which 33 percent or more of all of the measurements for each Pollutant parameter taken during a 6-month period equal or exceed the product of the daily maximum limit or the average limit, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other Pollutants, except pH);
(3) Any other violation of a Pretreatment effluent limit (daily maximum or longer term average) that the City determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a Pollutant that has caused imminent endangerment to human health or welfare or the environment, or has resulted in the POTW's exercise of its emergency authority under section 19-327 to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports, such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations, which the City determines will adversely affect the operation or implementation of the local Pretreatment program.
(b) The notification shall also summarize any enforcement actions taken against the owner of such User during the same 12-month period.
(a) The City may adopt charges and fees to provide for the recovery of costs to the City's Wastewater Treatment Plant for the implementation of the Pretreatment program established in this article. The applicable charges or fees shall be set forth in the City's schedule of charges and fees and may include:
(1) Fees for reimbursement of costs of setting up and operating the City's Pretreatment program;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications and renewals;
(5) Fees for filing appeals;
(6) Fees for consistent removal by the City of Pollutants otherwise subject to National Categorical Pretreatment Standards;
(7) Other fees as the City may deem necessary to carry out the requirements contained in this article.
(b) Such fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the City.
(c) The following fees and charges are established in relation to the Wastewater Pretreatment Program:
(1) Each holder of a wastewater discharge permit is required to pay an annual base permit fee in the amount of $375.00. The base permit fee shall be paid at the time an application for a permit or for the reissuance of a permit is filed, and a holder of a permit with a multi-year term shall pay the fee on or by the anniversary date of the issuance of the permit throughout its term.
(2) Each holder of a wastewater discharge permit is required to pay an annual sampling and laboratory testing fee which shall be in the total amount of $105.00 times the number of times the permit specifies that the City shall conduct sampling and incur laboratory fees during a year. The sampling and laboratory testing fee shall be paid at the time of the issuance of the permit, and a holder of a permit with a multi-year term shall pay the fee on or by the anniversary date of the issuance of the permit throughout its term. The amount of the annual sampling and laboratory testing fee may be adjusted by the Director in relation to the actual costs incurred in doing such sampling and laboratory testing. Such adjustments shall be effective upon the Director providing written notice thereof, and may be retroactive to the beginning of the current term of the permit.
(3) Each holder of a wastewater discharge permit shall, in addition to the sewer service charges applicable pursuant to Sections 19-201 and 19-201e, pay a Wastewater Pretreatment Program surcharge in the amount of $0.11 per cubic feet of discharge into the POTW, which amount shall be added to and included in the monthly sewer service utility billing to the permit holder, and shall be paid on or by the time such monthly sewer service fee is due.
(4) Each holder of a wastewater discharge permit shall reimburse the City for all actual expenses incurred by the City in relation to any notifications given to the City by the holder under Sections 19-310, 19-311, 19-312, 19-318, 19-319 or 19-324, or in relation to any failure of the holder to give any such notifications as required thereunder. The holder shall reimburse such expenses within 30 days after the issuance by the City of an invoice specifying such expenses.
(5) Any Person who elects to request a hearing before the Environmental Hearing Officer pursuant to Section 19-333 shall, at the time of the filing of the request for hearing, pay a filing fee in the amount of $200. No request for a hearing shall be timely filed if such fee is not paid within the prescribed time for such filing.
(Ord. 4874-15; Ord. 4878-15)