Section 25.060 Control of Industrial Wastes Directed to Public Sewers.

25.060 Control of Industrial Wastes Directed to Public Sewers.

(1) Purpose and Policy. This section sets forth uniform requirements for dischargers into the POTW City wastewater collection and treatment systems and enables the City to protect public health in conformity with all applicable local, State and Federal laws relating thereto.

The objectives of this section are:

(a) To prevent the introduction of pollutants into the City wastewater system which will interfere with the normal operation of the system or contaminate the resulting municipal sludge;

(b) To prevent the introduction of pollutants into the City wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; and

This section provides for the regulation of discharges into the Manitowoc wastewater system through the issuance of permits. This section does not provide for the recovery of operations, maintenance, or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subject of separate enactments.

(2) General Discharge Prohibitions. In addition to the prohibitions and limitations in MMC 25.040(1)(g) and (h), the following substances shall not be introduced into the wastewater disposal system or otherwise to the facilities of the City:

(a) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21.

(b) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 unless the works are specifically designed to accommodate such discharges.

(c) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference.

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

(e) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment facility exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the approval authority, upon request of the POTW, approves alternate temperature limits.

(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

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

(i) Any wastewater containing an average phosphorus concentration of greater than 20 mg/l shall not contain a phosphorus mass loading of greater than 40 pounds for a 24-hour period or for the period of discharge, if such a period of discharge is less than 24 hours.

(j) Any wastewater containing floatable oils, fats or grease.

(k) Any wastewater containing an average molybdenum concentration of greater than 0.17 mg/l, unless the industry discharge permit allows for a different concentration level. Measurements shall be taken over a 24-hour period or over the period of discharge, if such a discharge is less than 24 hours.

(3) Limitations on Wastewater Strength.

(a) National Categorical Pretreatment Standards. National Categorical Pretreatment Standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act and as hereby adopted by reference, including future amendments thereto, shall be met by all dischargers of the regulated industrial categories. An application for modification of the National Categorical Pretreatment Standards may be considered for submittal to the Regional Administrator by the City, when the City’s wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.

Industrial users shall provide necessary wastewater treatment as required to comply with the most stringent of this chapter, Federal pretreatment standards, as established by 40 CFR Chapter N, Subpart I, State standards and permit conditions, and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal pretreatment regulations, and with any other pretreatment standards by applicable deadlines.

Any facilities required to pretreatment wastewater shall be provided, operated, and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the POTW for review, and shall be approved by the POTW before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this chapter and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the POTW prior to the industrial user’s initiation of the changes.

1. Deadline for Compliance with Categorical Standards. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is otherwise specified. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users.

New sources shall install and have in operating condition, and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.

2. Equivalent Limits. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Superintendent may convert the limits to equivalent limits expressed either as mass of pollutant discharged per day or effluent concentration.

The Superintendent shall calculate equivalent mass-per-day limitations by multiplying the limits in the standard by the industrial user’s average rate of production. This average rate of productions shall be based upon a reasonable measure of the industrial user’s actual long-term daily production, such as the average daily production during a representative year. New sources shall use projected production in place of actual production.

The Superintendent shall calculate equivalent concentration limits by dividing the mass limitations derived under the above paragraph by the average daily flow rate of the industrial user’s regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the industrial user’s actual long-term average flow rate, such as the average daily flow rate during the representative year.

The same production of flow figure shall be used in calculating maximum daily discharge limitations and maximum monthly average, or four-day average, limitations.

Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits shall notify the POTW within two business days after the user has a reasonable basis to know that the production level will significantly change.

(b) Specific Pollutant Limitations. The following pollutant limitations shall apply to specific users in the following cases:

1. Users that discharge or potentially discharge one or more of the following pollutants but which do not belong to one of the categories of industries for which categorical standards are or will be finalized.

2. If one or more of the following limits are more stringent than the limits in a categorical standard that has been finalized, the users in that category shall comply with the following limitations when the following limitations are more stringent. If a user has an exemption in the user’s applicable categorical standards, then the specific pollutant limitations may be waived for that user at the discretion of the Superintendent.

The users that are or will be regulated by the following limitations shall have three years to comply with the following limitations from the time that the users are notified by the City that they must comply with the following limitations.

No person shall discharge into the sewer system from any point wastewater containing any of the following pollutants in excess of the following 24-hour average concentrations, or in excess of the following average concentrations during any period of discharge, if such period of discharge is less than 24 hours:

POLLUTANT	CONCENTRATION (mg/l)
Cadmium (T)	.54
Chromium (T)	7.0
Cyanide (T)	1.9
Copper (T)	4.5
Lead (T)	.6
Mercury (T)	.02
Nickel (T)	4.1
Silver (T)	.43
Zinc (T)	4.2

(c) Point of Application of Pollutant Limitations and Categorical Standards. The categorical standards and/or pollutant limitations shall apply at the user’s point of discharge to the POTW unless otherwise specified by the Federal rules and regulations, categorical standards, or the Superintendent.

(d) Right of Revision. The City reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in MMC 25.020 and subsection (1) of this section. Before changing the specific pollutant limitations in subsection (3)(b) of this section, the City shall hold a public hearing and show a need to change the specific pollutant limitations.

(e) Dilution. No discharger 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(f) Bypass. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of the following paragraphs.

If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass if possible.

An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Superintendent of the wastewater treatment facility within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five 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, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.

Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

3. The industrial user submitted notices as required above.

The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsections (3)(f)(1), (2), and (3) of this section.

(4) Accidental Discharges. In addition to the provisions listed in MMC 25.040(1)(o), each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities or procedures to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger’s cost and expense.

(a) Industrial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner’s or industrial user’s expense. Spill prevention plans, including the facilities and the operating procedures, shall be approved by the POTW before construction of the facility.

(b) Industrial users that store hazardous substances shall not contribute to the POTW after the effective date of the ordinance codified in this chapter unless a spill prevention plan has been approved by the POTW. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage, and transportation of hazardous substances.

(c) The POTW shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether such user needs a plan to control slug discharges. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under subsection (2) of this section, with procedures for follow-up written notification within five days;

4. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response;

5. SIU is required to notify POTW immediately of any changes at its facility affecting the potential for a slug discharge.

Users shall notify the Superintendent immediately upon the occurrence of a slug or accidental discharge of substances prohibited by this chapter. The notification shall include location of discharge, date, and time thereof, type of waste, concentration and volume, and corrective actions. Any user who discharges a slug of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law.

Signs shall be permanently posted in conspicuous places on the user’s premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause, discover, or be injured by such a discharge with respect to the emergency notification procedure.

(5) Fees.

(a) Purpose. It is the purpose of this subsection to provide for the recovery of costs from the users of the City’s POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth in the City’s schedule of charges and fees, to be prepared by the Superintendent and approved by the City Council.

(b) Charges and Fees. The City hereby adopts charges and fees which include:

1. A wastewater discharge permit fee shall be assessed upon issuance or reissuance annually to any user which is required to obtain a wastewater discharge permit according to subsection (6) of this section. The amount of this fee shall be set by resolution.

2. A sampling charge shall be assessed to a user for each day the user’s effluent is monitored by the City. Monitoring shall take place at such times as the City deems reasonably necessary. The charge for sampling set-up shall be determined by the organization doing the sampling. This charge shall be based on actual cost.

3. A laboratory analysis charge shall be assessed to a user for each pollutant sample which is analyzed by the City. Analysis shall take place at such times as deemed reasonably necessary to the City. The charge for laboratory analysis shall be determined by the organization doing the testing. This charge shall be based on actual cost.

4. Additional costs which may be incurred and charged to a user include the following:

A. Fees for filing appeals.

B. Fees for consistent removal (by the City) of pollutants otherwise subject to categorical pretreatment standards.

C. Other fees as the City may deem necessary to carry out the requirements contained herein.

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

(6) Wastewater Discharge Permits. All significant industrial users shall obtain a wastewater discharge permit as required by this section. Any new significant industrial users proposing to connect to or to discharge wastewater to the POTW shall obtain a wastewater discharge permit before connecting to or discharging to the POTW.

(a) Permit Application. Industrial users shall complete and file with the City a permit application in the form prescribed by the Superintendent and accompanied by the appropriate fee. Existing users shall submit an application for a wastewater discharge permit within 90 days after the effective date of this section, and proposed new users shall submit a permit application at least 90 days prior to connecting to or discharging to the POTW. The permit application shall be signed by an authorized representative of the industrial user, and certified by a qualified professional. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

1. Name, address, and location of the discharger.

2. SIC number.

3. Wastewater constituents and characteristics including, but not limited to, those mentioned in this section and the NCPS as determined by chemical and biological sampling and analysis performed in accordance with procedures established by the U.S. EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136, as amended. New source industrial dischargers should predict their wastewater constituents and characteristics.

4. Time and duration of discharges.

5. Average daily wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other techniques are substituted due to nonfeasibility and are approved by the Superintendent.

6. Site plans showing all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by size and location.

7. General description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged.

8. The nature and concentration of any pollutants in the discharge which are prohibited by this section, together with a statement regarding whether or not compliance with this chapter is being achieved on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with this section.

9. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the user shall submit the shortest schedule by which the user will provide additional pretreatment and/or implementation of additional operational and maintenance activities.

A. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this section including, but not limited to, dates relating to hiring an engineer or other personnel, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction and completing construction.

B. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, at a minimum, whether or not it complied with the increment of the progress represented by that milestone 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 approved schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.

10. All permit applications for new or modified permits shall be signed by an authorized representative of the user.

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

The Superintendent will evaluate the complete application and data furnished by the user and may require additional information. Within 90 days after full evaluation and acceptance of the data furnished, the Superintendent shall issue a wastewater discharge permit subject to terms and conditions provided herein.

(b) Permit Modifications. The City reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the City with applicable laws and regulations. The City will follow and enforce the NCPS. Within nine months of the promulgation of such a standard, the wastewater discharge permit of each discharger subject to these standards shall be revised to require compliance within the time frame prescribed by such standards. All NCPS adopted after the promulgation of this section shall be adopted by the City as part of this section. Where a discharger, subject to NCPS, has not previously submitted an application for a wastewater discharge permit as required by subsection (6)(a) of this section, the discharger shall apply for a wastewater discharge permit from the City within 180 days after the promulgation of the applicable NCPS. In addition, the discharger with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of the applicable NCPS the information required by subsections (6)(a)(8) and (9) of this section. The discharger 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.

1. Fees and charges to be paid upon permit issuance and renewal.

2. Limits on the average and maximum wastewater constituents and characteristics regulated thereby.

3. The permit shall contain the following conditions:

A. Statement of duration (in no case more than five years);

B. Statement that the permit is nontransferable without, at a minimum, prior notification to and approval from the City, and provision of a copy of the existing wastewater discharge permit to the new owner or operator;

C. Effluent limits based on applicable pretreatment standards and local limits as established by this chapter, and State and local law;

D. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on Federal, State, and local law;

E. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable Federal, State, or local deadlines.

4. Requirements for installation and maintenance of inspection and sampling facilities.

5. Requirements for installation and maintenance of pretreatment facilities.

6. Compliance schedules.

7. Requirements for submission of special technical reports or discharge reports where different from those prescribed by this section.

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

9. Requirements for notification of slug discharges as per subsection (4) of this section.

10. Other conditions as deemed appropriate by the City to ensure compliance with this chapter.

(d) Permit Duration. The initial wastewater discharge permit shall be issued for a period not to exceed four years. The expiration date of a new permit shall match the expiration date of the other existing permits.

All reissued wastewater discharge permits shall be issued for four-year periods subject to amendment or revocation as provided in this section. The discharger shall apply for permit reissuance a minimum of 90 days prior to the expiration of the discharger’s existing permit.

(e) Limitations on Permit Transfer. Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger or transferable to a different premises or operation without prior written approval of the Superintendent.

(f) Reporting Requirements for Permittee.

1. Baseline Monitoring Report. Within 180 days after the effective date of a National Pretreatment Standard, or 180 days after a final administrative decision has been made upon a categorical determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial dischargers subject to such categorical pretreatment standards and currently discharging to the POTW shall be required to submit to the City a complete baseline monitoring report.

At least 90 days prior to commencement of their discharge, new source industrial dischargers, and sources that become industrial dischargers subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a baseline monitoring report. A new source industrial discharger shall also include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards and estimates of its anticipated flow and quantity of pollutants discharged.

The industrial discharger shall submit the following information:

The name and address of the facility, including the name of the operator and owners.

A list of any environmental control permits held by or for the facility.

A brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such discharger. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

Regulated process streams, and

Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(3).

The industrial discharger shall identify the pretreatment standards applicable to each regulated process, and shall:

Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations.

A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Superintendent may waive flow-proportional composite sampling for any industrial discharger that demonstrates that flow-proportional sampling is infeasible. In such cases samples may be obtained through time-proportional composite sample techniques or through a minimum of four grab samples where the discharger demonstrates that this will provide a representative sample of the effluent being discharged.

The discharger shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the discharger should measure the flows and concentrations necessary to allow use of the combined wastestream formula.

The industrial discharger shall provide a statement, signed and reviewed by an authorized representative of the industrial discharger and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance measures (O&M) or additional pretreatment is required for the industrial discharger to meet the pretreatment standard. Any such compliance schedule shall be subject to the requirements of subsection (6)(a)(9) of this section.

2. Compliance Date Report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to categorical pretreatment standards shall submit to the POTW a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by such standards and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. Where equivalent mass or concentration limits are established by the POTW for a user, this report shall contain a reasonable measure of the user’s long-term production rate. Where a user is subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, the report shall include the user’s actual production during the appropriate sampling period. The report shall state whether the applicable pretreatment standards 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. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

3. Periodic Compliance Reports.

A. Any discharger subject to a pretreatment standard set forth in this section, after the compliance date of such pretreatment standard, or, in the case of a new discharger, after commencement of the discharge to the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in subsection (6)(f)(1) of this section. Flows shall be reported on the basis of actual measurement, provided, however, where feasibility considerations justify, the Superintendent may accept reports of average and maximum flows estimated by verifiable techniques. The Superintendent for good cause when considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above. These reports shall be signed by an authorized representative of the user, and certified by a qualified professional.

B. Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Superintendent. The frequency of monitoring by the discharger shall be as prescribed in Wis. Admin. Code NR 211. All analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto. The sampling program shall be conducted such that a representative sample is obtained.

(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 thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.)

The reports required in subsection (6)(f) of this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The POTW shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

If an industrial user monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.

4. Reports from Noncategorical Industrial Users. The POTW shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant noncategorical industrial users shall submit to the Superintendent at least once every six months (e.g., June and December) a report indicating the nature, concentration, and flow of the pollutants required to be reported by the City. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the sampling and analytical techniques described in 40 CFR Part 136 are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the Administrator. This sampling and analysis may be performed by the POTW in lieu of the significant noncategorical user. Where the POTW itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report.

5. Notification of Changed Discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification.

6. Hazardous Waste Notification. Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 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: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences.

Dischargers are exempt from the hazardous waste notification requirement during a calendar month in which they discharge 15 kilograms or less of nonacute hazardous wastes.

Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification.

7. Notice of Violation. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Wastewater Superintendent 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 Wastewater Superintendent within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the industrial user’s at least once a month, or if the POTW performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of this sampling.

8. Signatory Requirements. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

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

An authorized representative is:

A. If the user is a corporation:

1. The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater permit requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

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

D. The individuals described in subsections (6)(f)(8)(A) through (C) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of Manitowoc.

(g) Monitoring Facilities.

1. Each discharger that is required by the Superintendent shall provide and operate, at the discharger’s own expense, monitoring facilities that allow inspection, sampling, and flow measurement of each discharge to the POTW. Each monitoring facility shall be situated on the discharger’s premises, except, where such a location would be impractical or cause undue hardship on the discharger, the Superintendent may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. All monitoring facilities shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches diameter and an internal diameter of no less than 36 inches. Flow measuring, recording, and sampling equipment may be required by the Superintendent in some cases to assure compliance with this chapter.

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

3. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.

4. When the Superintendent determines wastewater or wastes, either untreated or pretreated, are of a type which may pose a threat to the public or the public sanitary sewer system as previously described, such dischargers may be required to provide a continuous monitoring device incorporating a detection and warning system and a positive control device approved by the Superintendent to prevent spills or incompatible wastewater from entering the sanitary sewer, and to provide and maintain a property damage and personal injury liability insurance policy in whatever amount deemed necessary by the Superintendent. Said liability insurance shall cover claims against the user for damage to the public sanitary sewer system or treatment works which may be caused by such abnormal and/or deleterious waste and for claims brought against said user for personal injury and/or property damage generally.

(h) Inspection and Sampling. The Superintendent may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Superintendent, DNR and EPA, or its authorized representatives, upon presentation of credentials or identification, to enter upon the premises of the discharger at all hours, for the purposes of inspection, sampling, or the examination or copying of records required by subsection (8) of this section. The Superintendent, DNR and EPA shall have the right to set up on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or meeting operations.

(i) Confidential Information. Information and data furnished to the Superintendent with respect to the nature and frequency of discharge shall be available to the public and governmental agencies if just cause is shown to the City for release of this information unless the discharger specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets, according to Wis. Stat. § 134.90(1)(c), or proprietary information of the discharger. When confidentiality is requested and demonstrated by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies upon written request received 10 days in advance if the information is for uses related to this chapter, the WPDES permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be made available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(7) Enforcement.

(a) Emergency Suspension of Service and Wastewater Discharge Permits. The Superintendent may suspend the wastewater treatment service and the wastewater discharge permit of a discharger when it appears to the Superintendent that an actual or threatened discharge presents or threatens (1) an imminent or substantial danger to the health or welfare of persons, (2) substantial danger to the environment, (3) interference with the operation of the POTW, or (4) violation of any pretreatment limits imposed by this chapter. Any discharger notified of suspension of its wastewater treatment service and/or the discharger’s wastewater discharge permit shall, within a reasonable period of time as determined by the Superintendent, cease all discharges. In the event the discharger fails to comply voluntarily with the suspension order within the specified time, the City shall commence judicial proceedings immediately thereafter to compel the discharger’s compliance with such order. The Superintendent shall reinstate the wastewater discharge permit and/or the wastewater treatment service and terminate judicial proceedings pending proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.

(b) Revocation of Wastewater Discharge Permit. The Superintendent may revoke the permit of any discharger who violates the following conditions in accordance with the procedures of subsections (7)(c) and (d) of this section:

1. Failure of a discharger to factually report the wastewater constituents and characteristics of its discharge.

2. Failure of a discharger to report significant changes in operations, or wastewater constituents and characteristics.

3. Refusal of access to the discharger’s premises for the purpose of inspection or monitoring.

4. Violation of the conditions of the permit, or this chapter, or any judicial order entered with respect thereto.

5. Tampering with sampling or flow measurement equipment, samples, and/or analysis being conducted by or at the direction of the City.

(c) Notification of Violation – Administrative Adjustment. Whenever the Superintendent seeks to revoke a wastewater discharge permit, pursuant to subsection (7)(b) of this section, the Superintendent shall serve or cause to be served upon the discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 10 days of the date of receipt of the notice, the discharger shall respond personally or in writing to the Superintendent with an explanation of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof. If the user does not comply with the plan, the City may take action in accordance with subsection (7)(h) of this section.

(d) Show Cause Hearing. Where a violation of subsection (7)(b) of this section is not corrected by means of administrative adjustment, the Wastewater Treatment Facility Board may order any discharger which causes or allows conduct prohibited by subsection (7)(b) of this section to show cause before the Wastewater Treatment Facility Board why the discharger’s wastewater discharge permit should not be revoked. A written notice shall specify the time and place of the hearing to be conducted before the Wastewater Treatment Facility Board, that the reason for the hearing is to determine whether or not the discharger’s permit should be revoked, the reasons for the proposed revocation, and shall direct the discharger to show cause before the Wastewater Treatment Facility Board why its discharge permit should not be revoked.

The notice of the hearing shall be served on the discharger by personal service or by certified mail, return receipt requested, no less than 10 days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger. The proceedings shall be considered by the Wastewater Treatment Facility Board, which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. The discharger may appeal any such order in accordance with any applicable State or local law.

(e) Hearing Officials. The Wastewater Treatment Facility Board shall conduct the hearing and shall have authority to:

1. Issue notices of hearings requesting the attendance and testimony of witnesses in the production of evidence relevant to any matter involved in such hearings.

2. Take evidence.

3. Take or order enforcement action as permitted in this subsection (7).

(f) Transcripts. At any hearing held pursuant to this subsection, testimony taken must be under oath and recorded by a reporter. A transcript will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(g) Issuance of Orders. After the Wastewater Treatment Facility Board has reviewed the evidence, or if the discharger waives a show cause hearing, after reviewing any proposed compliance schedule, the Board may issue an order to the discharger directing that, following a specific time period, sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed, all treatment facilities, devices or other related appurtenances are properly operated, and compliance with this chapter is achieved. Further orders and directives as the Wastewater Treatment Facility Board deems necessary and appropriate may be issued. If the user violates an order, the Board may order action taken in accordance with subsection (7)(h) of this section. The Board shall also immediately report any violation of an order to the Mayor and Common Council.

(h) Judicial Proceedings. Pursuant to subsection (7)(c) of this section, or following the entry of an order by the Wastewater Treatment Facility Board finding the conduct of a discharger to be contrary to the provisions of subsection (7)(b) of this section, the City Attorney may, following authorization of such action by the Wastewater Treatment Facility Board, commence an action in Circuit or Federal Court for appropriate legal and/or equitable relief, including but not limited to the termination of wastewater treatment service to the user. The Wastewater Treatment Facility Board may take further action pursuant to subsections (7)(a) and/or (7)(b) and/or (9) of this section.

(i) Enforcement Actions – Annual Publication. The City shall annually publish, in the largest daily newspaper published in Manitowoc, a list of industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards or requirements. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter.

Technical review criteria (TRC) violations, which are violations in which 33 percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

Any other violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public).

Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority.

Failure to meet, within 90 days of the scheduled date, a compliance milestone contained in a wastewater discharge permit or enforcement order for starting or completing construction, or attaining final compliance.

Failure to provide, within 45 days of the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.

(j) Inquiries. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this section and shall be entitled to a prompt written reply.

(k) Operating Upsets. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this section or a wastewater discharge permit issued pursuant hereto shall inform the Superintendent within 24 hours of first awareness of the commencement of the upset. The City may immediately take action pursuant to subsection (7)(h) of this section. Where such information is given orally, a written follow-up report shall be filed by the discharger with the Superintendent within five days. The report shall specify:

1. Description of the upset, the cause thereof, and the upset’s impact on a discharger’s compliance status.

2. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.

3. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other conditions of noncompliance.

A documented and verified operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter or any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred during the period of the upset. 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 chapter or other applicable law. After receipt and review of written report, the City may take no further action, or may take action in accordance with subsections (7)(c), (d), (e), (f), (g), and/or (h) of this section.

(8) Record Retention. All dischargers subject to this chapter shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(9) Penalties – Costs.

(a) Civil Penalties. Violations of this chapter may be subject to a forfeiture of not more than $2,000 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 attorney’s fees, court costs, court reporter’s fee, and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. In default of payment of such forfeiture and costs, said violator may be imprisoned for a period not to exceed six months.

(b) Costs of Damages. Any user violating any of the provisions of this chapter or who has a discharge which causes a deposit, obstruction, damage, or other impairment to the POTW shall become liable to the City for any expense, loss, or damage caused by the violation or discharge. The City may add to the user’s charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this chapter.

(c) Falsifying Information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter may be subject to a forfeiture of not more than $1,000 per violation per day and costs, and in default of payment by imprisonment for not more than six months.

[Ord. 18-373 § 1, 2018; Ord. 15-762 §§ 1 – 3, 2015. Prior code § 25.06]