§ 18.122A. Regulation of discharges to the public sewerage system.
(a)
Purpose. The purpose of this section is to regulate the discharge of wastes into the public sewerage system pursuant, in part, to the requirements of the Federal Water Pollution Control Act, also known as the Clean Water Act and to achieve the following objectives:
(1)
To prevent the introduction of pollutants into the public sewerage system which will:
(i)
Interfere with the operation of the treatment plant or the conveyance system;
(ii)
Pass through the treatment plant to contaminate receiving waters; or
(iii)
Otherwise be incompatible with any component of the public sewerage system;
(2)
To protect both the general public and County personnel;
(3)
To promote reuse and recycling of industrial wastewater;
(4)
To protect the quality of treatment plant sludge, and thus, ensure efficient and safe sludge disposal alternatives;
(5)
To enable the County to comply with its National Pollutant Discharge Elimination System (NPDES) Permit, sewage sludge requirements, and any other Federal or State laws to which the County's public sewerage system is subject.
(b)
General Provisions:
(1)
Applicability. The provisions of this section are applicable to users connected to and discharging industrial wastewater into the public sewerage system of Howard County.
(2)
Prohibitions. Certain types of wastes may not be discharged into the public sewerage system. All discharges to the public sewerage system shall conform to the requirements of this section and particularly to subsection (f) "Discharge Prohibitions and Limitations" and rules and regulations made pursuant to subsection (e) "Establishment of Rules and Regulations."
(3)
Administration. The Director of Public Works shall administer the provisions of this section.
(4)
Pretreatment and other control requirements. The Director of Public Works shall require pretreatment or other controls for the regulation of nonconforming wastes pursuant to subsection (g), "permit system, pretreatment and other control requirements" of this section. This section incorporates National Pretreatment Regulations, set forth in 40 CFR, chapter 1, subchapter N, part 403 and parts 405 through 471.
(5)
Reporting and inspections. Those users of the public sewerage system as determined by the Director shall provide the Director of Public Works with detailed information regarding the quantity and quality of their discharge, shall maintain records of this information and shall give the Director access to the premises or hauling vehicle for sampling of the discharge, and review of records pursuant to subsection (h), "monitoring and reporting" and subsection (i), "sampling and inspection" of this section.
(6)
Variances and appeals. Industrial users may obtain variances from the strict application of the provisions of this section pursuant to subsection (k), "variances" of this section.
Users may appeal a decision of the Director of Public Works relating to this section to the Board of Appeals pursuant to subsection (m) of this subtitle.
(7)
Enforcement. The Director of Public Works shall enforce the provisions of this section, including prohibiting discharge to the public sewerage system, publishing the names of significant violators, recovering the costs of damage to the public sewerage system and asking for civil and criminal sanctions against violators, pursuant to subsection (l), "enforcement" of this section.
(c)
Definitions. Unless a provision explicitly states otherwise, words and phrases used in this section have the meanings designated below:
(1)
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(2)
Approval authority means the State of Maryland Department of the Environment or other agency empowered to enforce and administer the State pretreatment program.
(3)
Authorized representative means:
(i)
A responsible corporate officer such as a 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
(ii)
The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or
(iii)
A general partner or proprietor if the industrial user is a partnership or sole proprietorship; or
(iv)
A duly authorized representative of the individual described in subsection (i), (ii), or (iii) above, if:
a.
The authorization is in writing and has been submitted to the Director, initially and whenever there is any change in the individual or position named in the authorization; and
b.
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, e.g. the position of plant manager or a position of equivalent responsibility.
(4)
Baltimore City means the Government of Baltimore City, Maryland.
(5)
Baltimore County means the Government of Baltimore County, Maryland.
(6)
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter during incubation at 20 degrees Celsius for five days expressed in milligrams of oxygen per liter of organic matter and measured in accordance with procedures set forth in 40 CFR 136.
(7)
Building sewer means a sewer conveying sewage from the premises of the user to the public sewerage system.
(8)
Bypass means the intentional diversion of wastewater from any portion of an industrial user's pretreatment facility.
(9)
Characteristics of wastewater means a distinguishing trait, quality, or property of wastewater such as, but not limited to, BOD, COD, SS, pH, temperature, color, odor, or toxicity.
(10)
Chemical oxygen demand (COD) means the quantity of oxygen utilized in the chemical oxidation of organic matter, expressed in milligrams of oxygen per liter of organic matter and measured in accordance with procedures set forth in 40 CFR 136.
(11)
Chlorine demand means the difference between the amount of chlorine added to sewage during the sewage treatment process and the amount of free, combined or total available chlorine remaining in that sewage after treatment.
(12)
Cooling water means water discharged from a use such as air conditioning, cooling or refrigeration, or water to which the only pollutant added is heat.
(13)
County; Howard County means the Government of Howard County, Maryland.
(14)
Department of Public Works means the Department of Public Works of the Howard County Government.
(15)
Direct discharge means the discharge of treated or untreated sewage directly to the waters of the State.
(16)
Director or Director of Public Works means the Director of Public Works of Howard County or an authorized official representing the Director.
(17)
Effluent—Treatment plant effluent means the discharge to receiving waters from a sewage treatment plant after sewage treatment.
(18)
Environmental Protection Agency (EPA) means the U.S. Environmental Protection Agency. Where appropriate, the Administrator or duly authorized official of the agency.
(19)
Freon soluble waste means fats, greases and oils, extractable from sewage in accordance with procedures set forth in 40 CFR 136.
(20)
Garbage means solid waste from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(21)
Groundwater means water other than surface water entering the public sewerage system through defective pipes, pipe joints, building sewers or manhole walls.
(22)
Industrial sewage or industrial wastewater means wastes, sludges or pollutants resulting from a process or operation of industry, manufacture, trade or business (other than a trade or business that generates only sanitary wastewater) and discharged to the public sewerage system through a service connection or by a waste hauler, including nondomestic waste or pollutants from any source regulated under section 307(b) or (c) of the Act, such waste being referred to in the Act as "indirect discharge."
(23)
Industrial user means a user who discharges, causes or permits the discharge of industrial sewage to the public sewerage system, including wastewater which is hauled or conveyed to the sewage treatment plan.
(24)
Interference means a discharge which alone, or in conjunction with discharge(s) from other sources:
(i)
Inhibits or disrupts the public sewerage system, its treatment processes or operations, or its sludge processes (sludge use or disposal); and
(ii)
Is a cause of:
a.
A violation of any requirement of the treatment plant's NPDES permit (including an increase in the magnitude or duration of a violation); or
b.
The prevention of sewage sludge use or disposal in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations):
1.
Section 405 of the Act;
2.
The Solid Waste Disposal Act (SWDA) including:
i.
Title II, more commonly referred to as the resource conservation and Recovery Act (RCRA); and
ii.
The Maryland Sludge Management Plan prepared pursuant to subtitle D of the SWDA;
3.
The Clean Air Act;
4.
The Toxic Substances Control Act; and
5.
The Marine Protection, Research and Sanctuaries Act.
(25)
Metering facilities or metering device means all structures, equipment and devices necessary to monitor the volume, flow variations and pollutant concentrations of sewage discharged to the public sewerage system, including access points for sewage sampling.
(26)
National Categorical Pretreatment Standard or categorical pretreatment standard means a regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to a specific category of industrial users and which appears in 40 CFR, chapter 1, subchapter N, parts 405 through 471.
(27)
National Prohibitive Discharge Standard or prohibitive discharge standard means prohibitions against the discharge of certain substances into the public sewerage system. These prohibitions appear in subsection (f) of this section.
(28)
New source has the meaning stated in 40 CFR 403.3.
(29)
Nonconforming waste means any solid, liquid or gaseous material, substance or waste which, if discharged to the public sewerage system in sufficient quantity or concentration, would violate or contribute to a violation of:
(i)
Any standards or requirements established pursuant to subsection (e) "establishment of rules and regulations" of this section;
(ii)
Any prohibitions specified in subsection (f) "discharge prohibitions and limitations" of this section.
(30)
NPDES permit means the National Pollutant Discharge Elimination System permit issued to a sewage treatment plant or other source of direct discharge by the State.
(31)
Owner means an individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns registered as owning a property or improvement in Howard County, or registered as owning a vehicle used to haul sewage for disposal in Howard County.
(32)
Pass-through means a discharge which exits the public sewerage system into waters of the United States in quantities or concentrations which, alone or in conjunction with discharge(s) from other sources, causes a violation of any requirement of the public sewerage system's NPDES permit (including an increase in the magnitude or duration of a violation).
(33)
Patapsco Sewage Treatment Plant means the sewage treatment plant owned by Baltimore City and located on the Patapsco River.
(34)
pH means the logarithm of the reciprocal of the hydrogen ion concentration of a solution which indicates intensity of acidity and alkalinity of sewage on a scale running from zero to 14. A pH of 7.0 represents neutrality, a pH above 7.0 represents alkalinity, and a pH below 7.0 represents acidity.
(35)
Pollutant means a contaminant or a regulated characteristic of wastewater, toxic or otherwise, which is added to sewage as a result of commercial, institutional, or industrial processes, or as a result of other human activity.
(36)
Pretreatment means reduction of the amount of pollutants, elimination of pollutants, or alteration of the nature of pollutant properties in sewage to a less harmful state prior to or in lieu of discharging or otherwise introducing pollutants into the public sewerage system. Pretreatment can be obtained by physical, chemical or biological methods, or changes in operating processes, except as prohibited by 40 CFR, section 403.6(d).
(37)
Pretreatment requirements means a substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard, which Howard County or the State imposes on an industrial users.
(38)
Public sewerage system or sewerage system means the system of sewers, pumping stations, treatment plants and other appurtenant structures used for the purpose of collecting and treating sewage and which is:
(i)
Owned and controlled by Howard County, or
(ii)
Owned by Baltimore County, Baltimore City, or other jurisdiction and through agreement, is used for the purpose of collecting and treating sewage from Howard County.
This definition includes "publicly owned treatment works" as defined by section 212 of this Act (33 U.S.C. § 1292).
(39)
Sanitary sewage or sanitary wastewater means wastes, including sludges, from the sanitary conveniences (toilets, rest rooms, sinks, showers, septic tanks, etc.) of dwellings, apartment buildings, commercial establishments, institutions and industrial establishments that are free of stormwater, groundwater and industrial sewage and which are discharged to the public sewerage system through a service connection or by a waste hauler.
(40)
Severe property damage means:
(i)
Substantial physical damage to property; or
(ii)
Damage to the treatment facilities which causes them to become inoperable; or
(iii)
Substantial and permanent loss of natural resources, which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(41)
Sewage or wastewater means any combination of sanitary and industrial sewage discharged to the public sewerage system through a service connection or by a waste hauler and any groundwater and stormwater present.
(42)
Sewage treatment plant or treatment plant means a combination of structures and devices for the purpose of treating sewage, which structures and devices are:
(i)
Owned and operated by Howard County, or
(ii)
Owned by Baltimore County, Baltimore City or other jurisdiction and, through agreement, treat sewage from Howard County.
(43)
Significant industrial user means an industrial user of the public sewerage system who:
(i)
Is subject to national categorical standards; or
(ii)
Discharges an average of 25,000 gallons or more per day of process wastewater (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
(iii)
Contributes a process wastestream that makes up five percent or more of the total hydraulic or organic capacity of the public sewerage system; or
(iv)
Is found by the County, the State or EPA to have significant impact or the potential to have a significant impact, either singly or in combination with other contributing industrial users on the operation of the public sewerage system or its effluent quality, sludge quality, or air emissions.
(44)
Sludge means the slurry containing insoluble material which is removed from wastewater during treatment and disposed of separately from the remaining effluent.
(45)
Slug means any significant discharge to the public sewerage system of water, sewage, or industrial sewage which, in concentrations of any given constituent or quantity of flow, could cause interference with the operation of the public sewerage system, pass-through the sewage treatment plant, endanger sewer worker safety, contaminate the sludge, or cause a violation of any permit issued to the public sewerage system.
(46)
Standard or pretreatment standard means a numerical or other limitation established to limit the quantity or concentration of a specified pollutant contained in sewage discharged to the public sewerage system. Standard includes prohibitive discharge standards, categorical pretreatment standards, and local limits.
(47)
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.
(48)
State means the State of Maryland Department of the Environment or other Maryland agency empowered to enforce the State pretreatment program.
(49)
Storm drain means a pipe or system of pipes and appurtenances, the purpose of which is to carry stormwater, surface water, groundwater, or other natural runoff of unpolluted waters from any source.
(50)
Suspended solids (SS): means the determination of the dry weight expressed in milligrams per liter of solids that either float on the surface or are in suspension and which can be removed from sewage in accordance with procedures given in 40 CFR 136.
(51)
Toxic pollutant means a pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under provisions of the Clean Water Act, section 307(a) or other acts.
(52)
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user.
(53)
User or public sewerage system user means the owner of a residential property or improvement in Howard County which discharges, causes or permits the discharge of sewage to the public sewerage system, or the owner, tenant, licensee or any other person in possession of a property or improvement in Howard County, other than a residential property or improvement, which discharges, causes or permits the discharge of sewage to the public sewerage system, or a waste hauler.
(54)
Waste hauler means the owner, renter, licensee or any other person in lawful possession of a vehicle used to haul sewage for disposal to the public sewerage system in Howard County.
(55)
Wastewater includes "sewage," "industrial sewage," and "sanitary sewage".
(d)
Abbreviations. The following abbreviations are used in this section:
°C Temperature in degrees Celsius °F Temperature in degrees Fahrenheit CFR Code of Federal Regulations mg/l Milligrams per liter USC United States Code COMAR Code of Maryland Regulations (e)
Establishment of Rules and Regulations:
(1)
Administration and enforcement. The Director of Public Works may prepare and promulgate rules, regulations and procedures to carry out and enforce the provisions of this section.
(2)
Standards and requirements for quality and quantity of sewage discharge. The Director of Public Works may establish standards and requirements in addition to the requirements of this section to regulate the quantity and quality of sewage discharged to the public sewerage system by industrial users. The standards may vary from one portion of the public sewerage system to another, dependent upon the sewage treatment plant to which the portion is tributary. Standards for portions of the public sewerage system which are tributary to a treatment plant or sewerage system outside of Howard County shall be at least as stringent as those established by the jurisdiction operating the treatment plant or sewerage system. Standards and requirements established by the Director of Public Works may be more stringent than those established by other regulatory agencies or jurisdictions.
(3)
Factors to be considered in establishing standards and requirements. In establishing the standards and requirements, the Director shall take into consideration:
(i)
Measured pollutant concentrations in untreated sewage received at the sewage treatment plant.
(ii)
Pollutant concentrations in sewage which would interfere with biological and physical treatment processes, which would be toxic to biological treatment processes, or which would cause a decrease in treatment process efficiency.
(iii)
Pollutant concentrations in sewage received at the treatment plant which would constitute a hazard to persons exposed to the pollutant concentrations.
(iv)
Pollutants in sewage received at the treatment plant which would not be susceptible to removal or reduction in concentration during sewage treatment.
(v)
Pollutant concentrations in treatment plant effluent which would cause a violation of the treatment plant's NPDES permit requirements.
(vi)
Pollutant concentrations in the treatment plant effluent which would constitute a hazard to the biota of receiving waters.
(vii)
Pollutant concentrations in sludge produced at the treatment plant which would reduce its utility and disposal alternatives.
(viii)
The flow rate in the sewers tributary to the treatment plant.
(ix)
The flow rate and volume of the industrial user's discharge.
(x)
Guidelines and standards established by the State and EPA.
(xi)
Standards and requirements established by Baltimore City, Baltimore County or other appropriate jurisdiction for sewage discharged into public sewers tributary to sewage treatment plants owned and controlled by those jurisdictions.
(xii)
Discharge prohibitions and limitations specified in subsection (f).
(4)
Standards and requirements which supersede Director's standards and requirements:
(i)
National Categorical Pretreatment Standards. The National Categorical Pretreatment Standards promulgated by EPA for a particular category of industrial users shall be imposed where applicable. These standards are published by EPA in 40 CFR chapter 1, subchapter N, parts 405 through 471. Applicable reporting requirements are published by EPA in 40 CFR 403.12.
(ii)
National Prohibitive Discharge Standards. The National Prohibitive Discharge Standards promulgated by EPA shall, if more stringent, supersede standards and requirements established by the Director.
(iii)
State pretreatment standards and requirements. Pretreatment standards and requirements established by the State shall, if more stringent, supersede standards and requirements established by the Director. These standards and requirements are published by the State in COMAR title 26, subtitle 08, chapter 08 "Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works".
(iv)
Baltimore City and Baltimore County standards and requirements. Pretreatment standards and requirements established by Baltimore City and Baltimore County for industrial users serviced by the Patapsco Sewage Treatment Plant, if more stringent, supersede standards and requirements established by the Director. These standards and requirements are published in:
a.
Baltimore City Code, article 25, amended by ordinance 775, section 7 "control and pretreatment of industrial wastewater"; and
b.
Baltimore County Code, division 5, "wastewater regulations," sections 35.286 through 35.317.
(f)
Discharge Prohibitions and Limitations:
(1)
Prohibited discharges—General. No user shall discharge or cause to be discharged to the public sewerage system any solid, liquid or gaseous waste, including constant or slug discharges, containing toxic or nontoxic pollutants of a concentration, character or quantity that would:
(i)
Interfere with or be toxic to the biological and physical treatment processes in use at the sewage treatment plant.
(ii)
Reduce the efficiency of the sewage treatment plant operation.
(iii)
Constitute a hazard to the biota of waters receiving sewage treatment plant effluent.
(iv)
Not be susceptible to treatment and which would pass through the sewage treatment plant to the receiving waters inadequately treated.
(v)
Cause the sewage treatment plant to violate its NPDES permit.
(vi)
Reduce the utility or disposal alternatives of the sewage sludge produced at the sewage treatment plant.
(vii)
Exceed applicable standards promulgated by the Administrator of the EPA pursuant to section 307 of the Act.
(viii)
Exceed applicable pretreatment standards promulgated by the State, including standards pursuant to section 9-314 of the environment article of the Annotated Code of Maryland.
(ix)
Interfere with, hinder operation of, or cause damage to any portion of the public sewerage system.
(x)
Exceed standards and requirements established by the Director.
(xi)
Contain petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
(xii)
Result in the presence of toxic gases, vapors, or fumes within the public sewerage system in a quantity that may endanger worker health and safety.
(2)
Discharge from downspouts, drains, etc. No user shall discharge or cause to be discharged to the public sewerage system stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or uncontaminated industrial process water.
(3)
Flammable or explosive waste. No user shall discharge or cause to be discharged to the public sewerage system a flammable or explosive solid, liquid or gaseous waste which by itself or by interaction with other wastes found in sewage could create or cause fire or explosive hazard. In addition, no user shall discharge wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21.
(4)
High-temperature waste. No user shall discharge or cause to be discharged to the public sewerage system a solid, liquid or gaseous waste of sufficiently high temperature as to cause damage to the public sewerage system, to interfere with the operation of any component of the sewerage system, to inhibit biological processes at the sewage treatment plant, or to produce vapors hazardous to personnel working in and around the sewerage system. Temperatures shall not be higher than 150 degrees Fahrenheit (65 degrees Celsius) at the point of discharge to the public sewerage system, and shall not cause the temperature of the influent to the sewerage treatment plant to exceed 140 degrees Fahrenheit (60 degrees Celsius).
(5)
Obstructive waste. No user shall discharge or cause to be discharged to the public sewerage system a solid or viscous waste or sludge in quantities or size capable of causing obstruction to the flow in the public sewerage system or interference with the operation of any component of the sewerage system.
(6)
Noxious or malodorous waste. No user shall discharge or cause to be discharged to the public sewerage system a noxious or malodorous solid, liquid or gaseous waste which, by itself or by interaction with other wastes found in sewage, is capable of creating a public nuisance or hazard to life or of preventing entrance into the public sewerage system for maintenance and repair.
(7)
Radioactive waste. No user shall discharge or cause to be discharged to the public sewerage system a radioactive solid, liquid or gaseous waste in quantities or concentrations exceeding limits given in title 8, "radiation" of the environment article of the Annotated Code of Maryland.
(8)
Freon soluble waste. No user shall discharge or cause to be discharged to the public sewerage system free or emulsified Freon soluble wastes such as oils, fats and greases in concentrations of greater than 100 mg/l. The Director may impose additional restrictions where these wastes will solidify or become viscous at normal temperatures of sewage (32 degrees Fahrenheit to 150 degrees Fahrenheit) and it is probable that they will collect in sewer lines or interfere in any way with public sewerage system operation. The Director may permit a higher concentration of Freon soluble waste if he determines that the waste will not have a deleterious effect on the public sewerage system and the user has previously provided measures or controls acceptable to the Director to limit the discharge of the Freon soluble waste.
(9)
Garbage. No user shall discharge or cause to be discharged to the public sewerage system any garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions prevailing in the public sewerage system. Each industrial user must obtain the approval of the Director before installing or operating any garbage grinder equipped with a motor of three-fourths horsepower or greater.
(10)
Corrosive waste. No user shall discharge or cause to be discharged to the public sewerage system a solid, liquid or gaseous waste which would in any way attack or corrode any component of the public sewerage system. All wastes shall have pH values in the range of six to ten standard units. Wastes found in sewage to form products not in conformance with these limitations are prohibited.
(11)
Colored waste. No user shall discharge or cause to be discharged to the public sewerage system concentrated dye waste or other wastes high in color which are sufficiently strong to affect the color of the treatment plant influent or effluent.
(12)
Unacceptable load on treatment plant. No user shall discharge or cause to be discharged to the public sewerage system a solid, liquid or gaseous waste which would exert a biochemical oxygen demand, chemical oxygen demand or chlorine demand which would constitute, in the opinion of the Director, an unacceptable load on the sewage treatment plant. No user shall discharge or cause to be discharged waste containing concentrations of inert, suspended or dissolved solids which would, in the opinion of the Director, constitute an unacceptable load on the treatment plant.
(13)
Antibiotic waste. No user shall discharge or cause to be discharged to the public sewerage system any antibiotic waste.
(14)
Dilution of discharge. No industrial user shall increase the use of process water or attempt to dilute a discharge of industrial sewage as a partial or complete substitute for pretreatment to achieve compliance with National Categorical Pretreatment Standards, or any other standard or requirement established by the State or established by the Director pursuant to this section.
(15)
Discharge deleteriously affecting waters of the State. No person shall discharge wastes into any storm drain which would constitute a "direct discharge" or which would deleteriously affect the quality of the receiving waters as defined by the water quality standards established by the State. No wastes shall be discharged prior to notification of the State and the issuance of a NPDES permit to the discharger if required.
(16)
Trucked or hauled pollutants. No person shall discharge trucked or hauled sewage or pollutants to the public sewerage system except at discharge points designated by the Director.
(g)
Permit System; Pretreatment and Other Control Requirements:
(1)
Discharge of nonconforming wastes. The Director of Public Works may prohibit the discharge or proposed discharge to the public sewerage system of nonconforming wastes.
(2)
Permit system. The Director of Public Works shall implement a sewage discharge permit system to control the discharge or proposed discharge of sewage to the public sewerage system from industrial users or from waste haulers.
(i)
Fees. The Director may establish fees to cover, in whole or in part, the cost of operating a permit system. Any schedule of fees shall be adopted annually by resolution of the County Council.
(ii)
Permit application:
a.
Potential industrial users. Potential industrial users, not including waste haulers, proposing to discharge sewage to the public sewerage system shall conform to the requirements of this section and shall acquire a permit. In accordance with procedures established by the Director for review of site development and construction plans, any potential industrial user desiring to connect a proposed building to the public sewerage system shall submit an application for discharge permit and provide other information requested pursuant to subsection (h)(1). In accordance with procedures established by the Director for the review of building permit and plumbing permit applications, any potential industrial user desiring to locate in an existing building connected to the public sewerage system or any potential industrial user desiring to connect an existing building to the sewerage system shall submit an application for discharge permit and other information requested pursuant to subsection (h)(1).
b.
Existing industrial users. Existing industrial users currently discharging or proposing to discharge a new, modified, or significantly changed waste stream to the public sewerage system shall conform to the requirements of this section and shall acquire a permit. In accordance with procedures established by the Director, the existing user shall submit an application for discharge permit, or an application for discharge permit modification, and other information requested pursuant to subsection (h)(1).
c.
Waste haulers. Waste haulers shall conform to the requirements of this section and shall acquire a permit. In accordance with procedures established by the Director, waste haulers shall submit an application for a discharge permit and other information requested pursuant to subsection (h)(1).
(iii)
Draft permit:
a.
Existing and potential industrial users. After review of information from an existing or potential industrial user obtained pursuant to subsection (h)(1), the Director shall issue a draft permit.
b.
Waste haulers. After review of information from a waste hauler obtained pursuant to subsection (h)(1), the Director shall issue a draft permit for each vehicle operated by a waste hauler discharging or proposing to discharge sewage to the public sewerage system.
c.
Draft permit review. The Director shall specify a reasonable period of time to allow the industrial user or waste hauler to review the draft permit and to request clarification or revision of any of the terms or requirements. The Director may at his discretion revise the draft permit.
(iv)
Final permit:
a.
Final permit issuance. Once the specified review period has passed and the Director has considered any comments received on the draft permit, the Director shall issue a final permit, the terms of which shall be adhered to by the industrial user or waste hauler.
b.
Industrial users. No industrial user shall connect to or discharge sewage to the public sewerage system until applicable provisions of this section are adhered to by the user and a permit has been issued.
c.
Waste haulers. Prior to issuance of a permit to a waste hauler, the waste hauler shall provide proof acceptable to the Director that all other permits required by law or regulation have been issued, including the permit issued by the Howard County Health Department. The Director may refuse issuance of a permit to a waste hauler if the hauler has had a permit revoked in Howard County or in another jurisdiction or has repeatedly violated the laws or regulations governing the hauler's operation in Howard County or in another jurisdiction. No waste hauler shall discharge sewage to the public sewerage system without a permit issued pursuant to this section.
(v)
Provisions of permit—Industrial user. A permit issued to an industrial user shall contain the following provisions as appropriate:
a.
Name, address and telephone number of industrial user;
b.
Effective date and expiration date of permit;
c.
Effluent limitations;
d.
Effluent monitoring activity;
e.
Reporting requirements;
f.
Compliance requirements;
g.
Notification and record keeping requirements;
h.
A statement of applicable civil and criminal penalties for violations of pretreatment standards, and requirements, or compliance schedules;
i.
Requirements for the control, reduction, elimination or prohibition of nonconforming wastes;
j.
Requirements and standards for the pretreatment, flow reduction, flow equalization or storage of nonconforming wastes;
k.
Any liability for payment of charges and surcharges as provided in title 20, subtitle 3 "Water and Sewer Charges and Assessments" of the Howard County Code;
l.
Requirements for the submission of an operating plan;
m.
A compliance schedule identifying time frames for the construction of required facilities, for the implementation of other specified requirements, and for submission of progress reports. If an industrial user is affected by a national categorical pretreatment standard, the compliance schedule shall conform with the time limitations set forth in section 307 of the Federal Water Pollution Control Act as amended;
n.
Any other requirement of the Director.
(vi)
Provisions of permit—Waste hauler. A permit issued to a waste hauler shall specify:
a.
Prohibitions on the discharge or transport of nonconforming waste;
b.
Access points and time periods for sewage discharge;
c.
Procedures for sewage discharge;
d.
Liability for payment of charges and surcharges as provided in title 20, subtitle 3 "Water and Sewer Charges and Assessments" of the Howard County Code;
e.
Requirements and conditions for the disposal of industrial sewage;
f.
Any other requirement of the Director.
(vii)
Duration of permits. A permit shall be issued for a specified time period, not to exceed five years.
(viii)
Modification of permits. A permittee shall operate pursuant to the provisions of the permit. The Director may modify the provisions:
a.
To reflect modifications, amendments, or revisions of Federal, State, or local pretreatment regulations or standards;
b.
At the request of the permittee, to reflect changes in the permittee's operations;
c.
To reflect changes in the permittee's ownership, address, or water/sewer account number.
(ix)
Transferability of permits. Except with the prior written approval of the Director, a permit to discharge to the public sewerage system shall not be reassigned, transferred, sold, or assigned to different premises.
(x)
Appeal. An industrial user or waste hauler may appeal the final permit in accordance with subsection (m) "appeals" of this section.
(3)
Modification of process; requirement for pretreatment; provision for waste disposal. As required by the Director, an industrial user who discharges or proposes to discharge nonconforming wastes to the public sewerage system shall:
(i)
Modify an industrial process in order to reduce or eliminate the discharge of nonconforming wastes; and/or
(ii)
Provide for the control, pretreatment, flow reduction, flow equalization or storage of nonconforming wastes; and/or
(iii)
Submit for approval a schedule specifying the shortest time frame for the industrial user to achieve compliance with this section, or State or Federal pretreatment standards or requirements. 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 the pretreatment measures and facilities required to bring the industrial user into compliance; and/or
(iv)
Prevent the discharge and provide for the transport of the nonconforming wastes to a location or facility where disposal of the wastes is legally permitted. The Director may require the submission of proof, acceptable to the Director, that the nonconforming wastes were disposed of at a legally permitted location or facility.
(4)
Progress reports from industrial users. When required by the Director, an industrial user shall submit periodic progress reports at time intervals specified in the compliance schedule detailing progress toward compliance with the permit. Each progress report shall specify, as a minimum, whether or not the user complied with the increment of progress to be met on a specified date and, if not, the date on which the user expects to comply with this increment of progress; the reason for any delay and the steps being taken by the user to adhere to the established schedule.
(5)
Facilities approved by the Director of Public Works. If facilities for pretreatment, flow reduction, flow equalization, control or storage of nonconforming wastes are required for an existing or potential industrial user, detailed engineering plans and specifications for the facilities shall be submitted to the Director. No work shall commence on construction or alteration of the facilities without the Director's approval of the plans and specifications.
(6)
Meet other requirements of law:
(i)
Facilities for pretreatment, flow reduction, flow equalization, control or storage of nonconforming wastes shall conform with the requirements of all applicable codes, ordinances, laws and regulations and all required permits shall be obtained.
(ii)
An industrial user shall comply with the most stringent standard, regulation and requirement established in the following:
a.
The Federal Pretreatment Regulations in 40 CFR 403;
b.
Any applicable current or future Federal Categorical Pretreatment Standards set out in 40 CFR parts 401 through 471;
c.
This section; and
d.
All applicable Federal, State, or local requirements or standards.
(7)
Operating plans. Where the discharge to the public sewerage system of nonconforming wastes is prohibited or eliminated, operating procedures for the user shall be prepared in a manner acceptable to the Director and shall be submitted to the Director for review and approval. The procedures shall address the management, control, handling and storage of the nonconforming wastes to ensure that these wastes are not discharged to the public sewerage system, including in the event of accidental spillage. Where facilities for pretreatment, flow reduction, flow equalization, control or storage of nonconforming wastes are required, operating procedures for the facilities shall be submitted to the Director for review and approval. Approved operating procedures shall be adhered to and shall not be altered without prior approval of the Director.
(8)
Responsibility for operation and maintenance. Where facilities for pretreatment, flow reduction, flow equalization, control or storage of nonconforming waste are constructed as required, the industrial user shall, at the user's expense, provide for the continuous and satisfactory operation and maintenance of the facilities.
(9)
Industrial pretreatment equipment bypass:
(i)
Bypass prohibited. An industrial user shall not allow wastewater to bypass any on-site wastewater pretreatment equipment. Adequate backup equipment shall be installed for the purpose of preventing a bypass from occurring. Maintenance activity required for the efficient, reliable operation of the facility's pretreatment system shall be performed during normal periods of equipment downtime, through the use of auxiliary pretreatment equipment, retention of untreated waste, or through other means so that the discharge of untreated wastewater is prevented.
(ii)
Exceptions to enforcement. The Director may take enforcement action against an industrial user for a bypass unless:
a.
It was unavoidable to prevent loss to life, personal injury, or severe property damage;
b.
The industrial user submitted notices as required under "bypass notice"; and
c.
There were no feasible alternatives to the bypass.
(iii)
Bypass notice. An industrial user shall provide an oral report of an unanticipated bypass to the Director within 24 hours from the time the industrial user becomes aware of the bypass. A written report shall also be submitted within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain:
a.
A description of the bypass and its cause;
b.
The duration of the bypass, including exact dates and times;
c.
Whether or not the bypass has been corrected and, if not, the anticipated time it is expected to continue; and
d.
Steps taken or planned to reduce, eliminate and prevent recurrence of the bypass.
(10)
Waste haulers. Waste haulers shall discharge wastes to the public sewerage system only at access points and during time periods specified by the Director and according to procedures specified by the Director. Only wastes originating in Howard County shall be discharged into the public sewerage system in Howard County by waste haulers. Any vehicle used to haul sewage for disposal to the public sewerage system in Howard County shall be subject to inspection at any reasonable time by the Director. The vehicle operator shall, upon request, allow the Director to review documents which are to be carried on the vehicle, including the customer log and required permits. The Director may obtain flow measurements and samples of sewage intended for discharge to the public sewerage system prior to or during the discharge.
(h)
Monitoring and Reporting:
(1)
Information required. Existing and potential industrial users and waste haulers may be required to furnish information relating to their processes and operations, and covering the quantity, quality and flow properties of sewage discharged or proposed for discharge to the public sewerage system. Existing and potential industrial users, and waste haulers, may be required to submit plans, reports, questionnaires, notices, applications, or analytical data to evaluate waste discharge characteristics and to ensure compliance with this section. The information shall be submitted in format and content acceptable to the Director and within a reasonable period of time as specified by the Director. Reports providing information required by this section shall include a signed certification statement acceptable to the Director. Reports submitted by significant industrial users shall include the certification statement as specified in 40 CFR 403.6(a)(2)(ii). Reports and certification statements shall be signed by an authorized representative of the industrial user. The required information, reports, and other documents may include:
(i)
Name, address and location (if different from address) of user;
(ii)
SIC code of user;
(iii)
Sewage constituents and characteristics as determined by a reliable analytical laboratory using sampling and analysis methods acceptable to the Director;
(iv)
Time and duration of discharge;
(v)
Average daily and peak sewage flow rates, including daily, monthly and seasonal variations, if any;
(vi)
Site plans, floor plans, mechanical and plumbing plans and details showing sewers, sewer connections and appurtenances by size, location and elevation;
(vii)
Description of activities, facilities and processes on the premises, including all pollutants which are or could be discharged;
(viii)
Each product by type, amount, process or processes and rate of production;
(ix)
Type and amount of raw materials processed or to be processed (average and maximum per day);
(x)
Number and type of employees, hours of plant operation, and hours of operation of any existing or proposed pretreatment facility;
(xi)
Baseline monitoring report;
(xii)
Compliance report;
(xiii)
Periodic self-monitoring report;
(xiv)
Compliance schedule progress report;
(xv)
Waste management and spill control plan;
(xvi)
Chemical storage report;
(xvii)
Violation report;
(xviii)
Notification of slug loading;
(xix)
Notification of upset or bypass of required pretreatment facility;
(xx)
Any report required by 40 CFR 403.12;
(xxi)
Any other information as required by the Director.
(2)
Metering, when requested data is not available. Where the requested data is not available, the Director may require the installation of metering facilities to obtain the data. The facilities shall be approved by the Director prior to installation and shall be installed within a time frame acceptable to the Director.
(3)
Other methods of computing flow data. Where the Director determines that the installation and use of metering facilities by an industrial user is not feasible or warranted, flow data shall be computed using a method approved by the Director. Where applicable, computed flow data shall be based on historical records for industrial users having similar sewage flow characteristics.
(4)
Reporting requirements and records maintenance:
(i)
Industrial users—Records. Industrial users shall, when requested by the Director, measure flows and shall perform regular analyses of sewage discharged as required by the Director. Industrial users shall maintain records of sewage flows, analyses, operations and production data to demonstrate compliance with this section and as a basis for computing applicable charges and surcharges. Minimum recordkeeping requirements for significant industrial users are specified in 40 CFR 403.12(o).
(ii)
Waste haulers—Records. Waste haulers shall maintain operating records as required by the Director, including information regarding the source(s) of sewage discharged to the public sewerage system. The records shall be maintained to demonstrate compliance with this section and as a basis for computing applicable charges and surcharges. Waste haulers shall maintain a customer log which shall identify each customer serviced and shall provide information related to the quality and quantity of the waste collected. The log, a copy of the permit issued pursuant to this section, and a copy of the permit issued by the Howard County Health Department shall be carried on the hauling vehicle at all times.
(iii)
Format of records. Industrial users and waste haulers shall maintain records and logs in format and content acceptable to the Director.
(iv)
Reports:
a.
General reporting requirements. Industrial users and waste haulers shall submit logs, periodic reports and other reports as required by the Director. The format and content of the reports and logs shall be acceptable to the Director. Records maintenance and periodic reporting requirements shall be specified in the permit. Requirements for other reports shall be specified when requested by the Director.
b.
Minimum reporting requirements for significant industrial users. In the case of industrial users affected by national pretreatment regulations, the content, format, and timing of the reports shall conform, as appropriate, to the requirements of the national regulations. Minimum reporting requirements for significant industrial users are specified in 40 CFR 403 and 40 CFR parts 405 through 471. All reports shall include a signed certification statement as specified in subsection (h)(1) of this section.
(v)
Availability for review. All records maintained by the industrial user or waste hauler relating to compliance with this section shall be available for review and copying by the Director or authorized official representing the State or EPA. Records of an industrial user or waste hauler shall be retained for a minimum of three years. This period shall be extended during any litigation concerning compliance with this section or permit conditions.
(vi)
Wastewater analyses and sampling. All analyses and sampling techniques performed in support of any application, report, proof of compliance, or as required by permit or by order of the Director, shall be performed in accordance with 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 EPA Administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods of any other applicable sampling and analytical procedures, acceptable to the Director or other persons approved by the EPA Administrator.
(vii)
Resampling requirements. If sampling performed by a significant industrial user indicates a violation, the user shall notify the County 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 Director within 30 days after becoming aware of the violation. However, the industrial user is not required to resample if:
a.
The County performs sampling at the industrial user at a frequency of at least once per month; or
b.
The County performs sampling at the industrial user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(5)
Responsibility for installing and maintaining permanent measurement facilities. The industrial user shall provide and maintain at the user's expense, permanent measurement and metering facilities in order to obtain required data. The industrial user shall install measurement facilities in a time frame acceptable to the Director as specified in the permit.
(6)
Notification of hazardous waste discharges. An industrial user shall notify the Director of any discharge or potential discharge to the public sewerage system of a waste which could be considered hazardous waste under 40 CFR 261. The industrial user shall also notify the State and Federal Hazardous Waste Authorities of these wastes in accordance with 40 CFR 403.12(P).
(7)
Change in character or volume of sewage. An industrial user shall notify the Director in writing of any anticipated substantial change, either temporary or permanent, in the volume or character of pollutants in the user's discharge (including the hazardous waste for which the industrial user has submitted initial notification under subsection (h)(6)) at least four weeks prior to the anticipated change. An industrial user shall also notify the Director of any anticipated substantial change in operations, either temporary or permanent, which would differ from the approved operating plan previously prepared by the industrial user. The proposed change shall not violate the requirements established pursuant to subsection (e) "establishment of rules and regulations," or requirements established pursuant to subsection (g) "permit system; pretreatment and other control requirements" or the provisions of subsection (f) "discharge prohibitions and limitations" of this section. If the proposed change necessitates issuance or revision of a permit or plan, the change shall not take place until the permit or plan is issued or revised.
(8)
Access to data submitted by industrial users. Information and data on an industrial user obtained from reports, questionnaires, monitoring reports, inspections and from other sources shall be available to the public and to government agencies without restriction unless the user, at the time of submission of the data, specifically requests and is able to demonstrate under the terms of the Maryland Public Information Act that the release of the information would divulge information on processes or methods of production entitled to protection as trade secrets of the user. When requested by the industrial user, the portions of the information or data which are demonstrated to be trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request by government agencies for uses related to this section. The information shall also be available for use by the State or any State agency in judicial review or enforcement proceedings involving the industrial user. Sewage constituents and characteristics shall not be recognized as confidential information. Information, data and records pertaining to the implementation and enforcement of the provisions of this section shall be made available to the jurisdictions operating sewage treatment plants or sewerage systems to which sewage from Howard County is discharged.
(i)
Sampling and Inspection:
(1)
Facilities and flow records available for inspection. All facilities, flow measurement records, sewage analyses records and operating and production records of an industrial user shall be subject to inspection at any reasonable time by the Director. Flow measurement and metering equipment shall be unobstructed and easily accessible for inspection.
(2)
Access to facilities for sampling purposes. The Director has the right of access to facilities of an industrial user at any reasonable time for the purpose of obtaining flow measurements and samples of sewage intended for discharge to the public sewerage system. The user shall provide convenient points of access from which flow measurements and sewage samples may be taken. The access points shall be approved by the Director. If requested by the Director, the user shall provide a manhole located outside of the building or facility at a location specified by the Director for the measurement and sampling of sewage being discharged to the public sewerage system.
(3)
Safety rules. During inspections and sampling operations, employees of the Department of Public Works shall observe all safety rules applicable to the premises which have been established by the industrial user.
(4)
Right of entry. The Director of Public Works shall have the right to enter any industrial user's or waste hauler's premises where sewage intended for discharge to the public sewerage system is produced or where records required by the provisions of this section are maintained.
(j)
Accidental or Slug Discharge:
(1)
Provide protection from accidental or slug discharge. Each industrial user shall provide protection from accidental or slug discharge of nonconforming wastes. Facilities storing or using nonconforming wastes shall be subject to review and approval by the Director. The Director may require reasonable safeguards to prevent discharge or leakage of nonconforming wastes into the sewerage system.
(2)
Notification provisions:
(i)
Industrial user's responsibility. In the event of an accidental or slug discharge as specified in subsection (j)(1) such that any provisions of this section are violated, including specific prohibitions specified in subsection (f), the industrial user shall immediately telephone the Howard County Department of Public Works and notify the Department of the incident. The notification shall include location of the discharge, type of waste, concentration, volume and corrective action taken.
Within five days of the accidental discharge, the user shall submit to the Director a detailed written report describing the time, the date, the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences.
(ii)
Director's responsibility. If the accidental discharge is to a portion of the public sewerage system tributary to a sewerage system or sewage treatment plant outside Howard County, the Director shall immediately telephone the jurisdiction operating the sewerage system or treatment plant to give notice of the accidental discharge. The Director shall provide the operating jurisdiction with the information supplied by the industrial user concerning the accidental discharge.
(3)
Liability. Notification pursuant to subsection (j)(2) above shall not relieve the user of liability for any loss, damage or expense which may be incurred as a result of damage to the public sewerage system, fish kills, or any other damage to person or property. Such notification shall not relieve the user of any fines, civil penalties or other liability which may be imposed under this section or other applicable law.
(k)
Variances. The Director may approve a variance to specific provisions of this section provided that the variance shall not have the effect of nullifying the intent and purposes of this section. No variance shall be given to National Categorical Pretreatment Standards, National Prohibitive Discharge Standards, National Pretreatment Requirements and State Pretreatment Standards and Requirements. When the approval of a variance would provide for less stringent standards or requirements than those established by the jurisdiction operating the treatment plant or sewerage system to which the sewage is discharged, the Director shall obtain prior permission for granting approval of the waiver from the operating authority.
(l)
Enforcement:
(1)
Notice of violation—Citation. The Director shall issue a notice of violation and/or citation to any user found to be violating any provisions of this section or any rules and regulations made pursuant to it. A citation may be issued for a first violation of any provisions of this section and regulations made pursuant to it. The citation and notice of violation shall state the nature of the violation and, at the discretion of the Director, shall require the user to submit a plan and schedule for correction of the violation within an appropriate time frame as specified by the Director. The notice of violation and/or citation shall be delivered in person or by certified mail. If delivered by mail, the notice of violation and/or citation shall be sent to the user's last-known address. Notification shall be deemed to have been given at the time of deposit of the notice of violation and/or citation, postage prepaid, at a mailing location regularly serviced by the U.S. Postal Service. The Director shall review and approve the plan and schedule submitted by the user with any changes the Director considers necessary to correct the violation in a timely manner.
(2)
Injunctive relief. The Director may commence an action for appropriate injunctive relief in a court of law against any public sewerage system user found to be violating any provisions of this section or any rules or regulations made pursuant to it.
(3)
Responsibility for damages. In addition to and not in substitution for any other penalties provided in this subsection, a public sewerage system user violating the provisions of this section or any rules and regulations made pursuant to it shall be liable for monetary damage to the public sewerage system and for the expense of removing any obstruction in or repairing any damage to the public sewerage system caused by the violation.
The user shall be notified in writing by certified mail of the user's liability for monetary damage, and will be allowed 30 days for payment of the expenses. If payment is not received within 30 days, the expense shall be recovered by civil suit in the name of Howard County and/or in the name of the jurisdiction where the monetary damage occurred. If payment is not made by a waste hauler within 30 days, the waste hauler shall, after written notice mailed to the waste hauler's last-known address, be prohibited from discharging sewage to the public sewerage system until payment is received.
(4)
Prohibiting discharge; danger to environment or sewerage system. The Director may immediately prohibit use of the public sewerage system and, if necessary, order immediate severance of the building sewer or discontinuance of water service for a user when the Director considers the prohibition necessary in order to stop an existing or expected sewage discharge which:
(i)
Presents or is likely to present an imminent or substantial endangerment to the health or welfare of persons.
(ii)
Presents or will likely present an imminent or substantial endangerment to the environment.
(iii)
Causes or is likely to cause interference with the operation of the public sewerage system.
(iv)
Causes or is likely to cause damage to the public sewerage system.
(v)
Causes or is likely to cause a violation of any provision of the sewage treatment plant's NPDES permit.
(vi)
Is from an unknown source serviced by a waste hauler.
(vii)
Cannot be adequately sampled or monitored to determine its properties and characteristics and is suspected of being a nonconforming waste.
(viii)
Is being or will be discharged by a user who does not have a valid permit required under the provisions of this section.
(ix)
Is being or will be discharged by a waste hauler who does not have a valid permit issued by the Howard County Health Department.
(x)
Is industrial sewage and is being or will be discharged by a waste hauler who has not obtained prior permission for the discharge from the Director.
(5)
Prohibiting discharge; information not provided by waste hauler. A waste hauler shall provide information related to a prohibited discharge as requested by the Director. The information shall be provided within a time period established by the Director. The information provided shall be as specified by the Director and may include the source of the prohibited waste hauled, the chemical and physical properties of the prohibited waste hauled, and the discharge location used for the disposal of the prohibited waste. If the hauler does not provide the information as requested, the hauler may be prohibited from discharging sewage to the public sewerage system until the information is provided.
If a waste hauler does not maintain a valid permit issued by the Howard County Health Department, the permit issued pursuant to this section may be revoked by the Director after written notice is mailed to the waste hauler's last-known address.
(6)
Prohibiting discharge—Repeated violations. The Director may prohibit use of the public sewerage system by a user who has repeatedly violated the provisions of this section or any rules and regulations made pursuant to it. If necessary, the Director shall order severance of the building sewer or discontinuance of water service to prevent sewage discharge to the sewerage system.
(7)
Removal of prohibition. The Director shall remove a prohibition of discharge to the public sewerage system upon proof of the elimination of any sewage discharge prohibited under subsection (l)(4) and assurances, acceptable to the Director, of no further violation of the provisions of this section. The user shall submit a written report, if requested, describing the causes of any sewage discharge prohibited under subsection (l)(4) and the measures taken to prevent any future occurrence within five days of the date of the occurrence.
In the case of a discharge prohibition for a repeat offender, the Director may prohibit discharge to the public sewerage system for a specified period of time. Prior to resuming discharge, a written report providing assurances acceptable to the Director of no further violations of the provisions of this section shall be submitted by the repeat offender if requested.
After written notice mailed to a repeat offender's last-known address, the Director may permanently prohibit discharge to the public sewerage system and may revoke the permit issued pursuant to this section if a repeat offender violates any provisions of this section after the repeat offender is allowed to resume discharge to the sewerage system.
(8)
Publicizing offenders. The Director shall publish, annually, in the largest daily newspaper, a list of significant industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements. For the purpose of this provision, an industrial user is in significant noncompliance if the violation meets one or more of the following criteria:
(i)
Chronic violations of wastewater discharge standards, defined here as those in which 66 percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average maximum limit for the same pollutant parameter;
(ii)
Technical review criteria (TRC) violations of national standards, defined herein as those in which 33 percent or more of all the measurements for each pollutant parameter taken during a six-month period equaled or exceeded the product of the daily maximum limit or the average maximum limit multiplied by the appropriate TRC.
TRC = 1.4 for BOD; TSS; fats, oil, and grease
TRC = 1.2 for all other pollutants except pH(iii)
Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the Director determines has caused, alone, or in combination with other discharges, interference or pass through, including endangering the health of County personnel or the general public;
(iv)
Any discharge of a pollutant that has caused imminent endangerment to human health or welfare, endangerment to the environment, or has resulted in the Director's exercise of emergency authority under subsection (l)(4) or (l)(5) to halt or prevent such a discharge;
(v)
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(vi)
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(vii)
Failure to accurately report non-compliance;
(viii)
Any other violation or group of violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
(9)
Civil penalties. A user who is found to be violating any provision of this section or any rule or regulation made pursuant to it or the terms of an approved compliance schedule developed pursuant to it may be assessed a civil penalty pursuant to the provisions of title 24, "Civil Penalties," of the Howard County Code. Each day's continuance of the violation shall be considered a separate offense. A first violation of this section shall be a Class A or Class B offense. A second violation and subsequent violations shall be Class A offenses.
(10)
Criminal penalties—Intentional violations. A user who is found to be intentionally violating any provision of this section or any rule or regulation made pursuant to it or the terms of an approved compliance schedule developed pursuant to it shall, upon conviction thereof by a court of competent jurisdiction, be subject to a fine of not less than $1,000.00 and not more than the maximum allowed under State law or by imprisonment for not more than six months, or both, for each offense. Each day's continuance of the violation shall be considered a separate offense.
(11)
Criminal penalties—False statements, tampering, etc. A person who knowingly makes false statements, representations, or certifications in an application, record, report, plan or other document filed or maintained pursuant to this section or who falsifies, tampers with or knowingly renders inaccurate a metering device or method required under this section shall, upon conviction by a court of competent jurisdiction, be subject to a fine of not less than $1,000.00 and not more than that allowed by State law or imprisonment for not more than six months, or both, for each offense.
(12)
Criminal and civil fines—Used for correcting violations. The Director or a court of competent jurisdiction may specify that all or a portion of an assessed criminal or civil fine be used to correct the violation for which the fine was assessed. Before the correction is made, the Director shall approve the method of correcting the violation.
(13)
Upset. An upset shall not constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards.
(m)
Appeals. If a public sewerage system user is aggrieved by specific terms of a final permit or a notice of violation issued pursuant to the provisions of the section, then the Director shall afford the user an opportunity to present his grievance at an informal conference to be held by the Director if so requested within 15 days of the action. The Director may modify, reverse or affirm, wholly or partly, the action previously taken. If the user remains aggrieved after being notified of the decision of the Director, then the user may file an appeal with the Board of Appeals as provided by law, within 30 days of notification of the Director's decision. The Board shall have the power to modify, reverse or affirm, wholly or partly, the action of the Director. However, the Board of Appeals may not waive, set aside or change any specific provision of this section or any rule or regulation promulgated pursuant to this section. Actions of the Director pursuant to item (4) "prohibiting discharge; danger to environment or sewerage system," item (5) "prohibiting discharge: information not provided by waste hauler" and item (6) "prohibiting discharge; repeated violations" of subsection (l) "enforcement" of this section are appealable to the Board of Appeals. Use of the public sewerage system shall be prohibited pending resolution of an appeal of actions of the Director taken pursuant to subsections (l)(4), (l)(5) and (l)(6) of this section. The terms of a final permit issued pursuant to the provisions of this section shall remain in force pending resolution of an appeal. An industrial user or waste hauler shall only discharge to the public sewerage system in conformance with the final permit until resolution of the appeal.
(n)
Severability. If any provision, paragraph or word of this section or any regulation or procedure promulgated pursuant to this section is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs and words of this section and the remaining regulations and procedures shall not be affected and shall continue in full force and effect.
(C.B. 37, 1978; C.B. 51, 1984; C.B. 32, 1985; C.B. 53, 1985; C.B. 13, 1987; C.B. 80, 1994)