1531

August 16, 2010 by jeremiahotis

WHEREAS, the U.S. EPA (United States Environmental Protection Agency) and the IDEM (Indiana Department of Environmental Management) require the Butler Wastewater Department to comply with provisions in 40 CFR 403 concerning the industrial pretreatment program; and

WHEREAS, 40 CFR 403.18 specifically requires the approval of any revisions to Butler's Sewer Use Ordinance by US EPA (approval authority); and

WHEREAS, the Butler Wastewater Department has recently received correspondence from US EPA recommending/requesting certain technical provisions to Butler's Sewer Use Ordinance to update the Ordinance and to incorporate provisions from EPA's Model Pretreatment Ordinance to be consistent with US EPA "streamlining" provisions in the Model Ordinance; and

WHEREAS, the City of Butler is required to comply with requirements of 40 CFR 403, as mandated by the US EPA.

NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Butler, DeKalb County, State of Indiana that the following Sections in Title V, Chapter 52 of the Butler City code are amended as follows:

§ 52.001 PURPOSE; POLICY

(A) Items (5), (6), (7), and (8) are hereby amended to read as follows:

(5) To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;

Then current Item (5) becomes (6)
Then current Item (6) becomes (7)
Then current Item (7) becomes (8)

§ 52.004 DEFINITIONS

1. The following definitions are hereby added to the Ordinance:

Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharge over the course of a day. Where Daily Maximum Limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Local Limit. Specific discharge limits developed and enforced by the City of Butler upon industrial or commercial facilities to implement the general and specific prohibitions listed in 40 CFR 403.5(a)(1) and (b).

2. The following definition is hereby modified to correct a typographical error (referenced wrong Section in the Code) and to make it better reflect the definition recommended by US EPA in the Model Pretreatment Ordinance:

Slug Load or Slug Discharge. Any discharge at flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 52.011. A Slug Discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate POTW's regulations, local limits or permit conditions.

§ 52.042 This section is amended to read as follows:

EXISTING CONDITIONS

Any user, industrial user or Significant Industrial User required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Ordinance and who wishes to continue such discharges in the future, shall, within forty-five (45) calendar days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with § 52.044, and shall not cause or allow discharges to the Butler POTW to continue after forty-five (45) days of the effective date of this chapter, except in accordance with an individual wastewater discharge permit issued by the Superintendent.

§ 52.045 This section is amended to read as follows:

SIGNATORIES AND CERTIFICATION

(A) All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that the 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."

(B) If the designation of an Authorized Representation is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Superintendent prior to or together with any reports to be signed by an Authorized Representative.

§ 52.056 PERMIT CONTENTS

Item (B) (5) is hereby added to this section as follows:

(5) Requirements to control slug discharges, if determined by the Superintendent.

Then current Item (5) becomes (6)
Then current Item (6) becomes (7)
Then current Item (7) becomes (8)
Then current Item (8) becomes (9)
Then current Item (9) becomes (10)

§ 52.070 (B)(5)(b) is amended to read as follows:

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, or regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 52.079 of this Ordinance. Where the standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Superintendent or the applicable Standard to determine compliance with the Standard.

§ 52.077 NOTICE OF VIOLATION; REPEAT SAMPLING AND REPORTING is amended to read as follows:

If sampling performed by a user indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the indicated violation and submit results of the repeat analysis to the Superintendent within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Superintendent monitors at the user's facility at least once a month, or if the user of the Superintendent samples between the user's initial sampling and when the user receives the results of this sampling.

§ 52.080 SAMPLE COLLECTION is amended to read as follows:

Samples collected to satisfy reporting requirements must be based on data  obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(A) Except as indicated in divisions (B) and (C), below, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the Superintendent, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(C) Samples for monitoring compliance of Categorical Industries should be taken immediately downstream from the pretreatment facilities if such facilities exist or immediately downstream from the regulated process if no pretreatment facilities exist. If other wastewaters are mixed with the regulated wastewater prior to treatment, the user should measure the flows and concentration necessary to allow use of the combined wastestream in order to evaluate compliance with Pretreatment Standards. When an alternate concentration or mass limit has been calculated this adjusted limit along with the supporting data shall be submitted to the Superintendent.

(D) For sampling required in support of baseline monitoring and 90-day compliance reports required in § 52.070 and § 52.072 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by § 52.073 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.

All other provisions of the Ordinance shall remain in full force and effect. This amendment shall be effective immediately upon final passage.

PASSED AND ADOPTED by the Common Council of the City of Butler, DeKalb County, Indiana, this 16th day of August, 2010.