Legal Documents of Maryville

1. Use of public sewers required.
    
    
   
   1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Maryville or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.
   2. It shall be unlawful to discharge to any natural outlet within the City of Maryville or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.
   3. Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
   4. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within sixty (60) days after date of official notice to do so, provided that said public sewer is within three hundred feet (300') of the building drain as defined herein. Any sewers not connected within the sixty (60) days shall be placed on billing.
2. Wastewater dischargers require permit. It shall be unlawful to discharge to the POTW any wastewater except as authorized by the control authority in accordance with the provisions of this chapter.
3. Wastewater discharge permits.
    
    
   
   1. General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within one hundred eighty (180) days after the effective date of this ordinance.
   2. Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the control authority an application in the form prescribed by the control authority accompanied by any application fee that may be required. Existing significant industrial users shall apply for a wastewater discharge permit within sixty (60) days after the effective date of this ordinance, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the significant industrial user may be required to submit all or some of the following information, in units and terms appropriate for evaluation:
      1. Name, address, and location (if different from the address);
      2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
      3. Measurement of pollutants-
          
          
         
         1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
         2. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged including time and duration of contribution;
         3. Instantaneous, daily maximum, long-term average concentrations or mass loading, where required, including daily, monthly and seasonal variations, if any;
         4. Wastewater constituents and characteristics representative of daily operations including, but not limited to, those mentioned in § 18-202 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, part 136, as amended. Where the standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
      4. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
      5. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the significant industrial user to meet applicable pretreatment standards;
      6. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the significant industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
          
          
         
         1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)
         2. No increment referred to in paragraph (1) shall exceed nine (9) months.
         3. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the control authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the control authority.
      7. Each product produced by type, amount, process or processes and rate of production;
      8. Type and amount of raw materials processed (average and maximum per day);
      9. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
      10. Any other information as may be deemed by the control authority to be necessary to evaluate the permit application.
          The Control Authority will evaluate the data furnished by the Significant Industrial User and may require additional information. After evaluation and acceptance of the data furnished, the Control Authority may issue a Wastewater Discharge Permit subject to terms and conditions provided herein.
      11. All wastewater discharge permit applications must be signed by an Authorized Representative as defined in § 18-201(2) and contain the certification statement in § 18-205(4)(e).
   3. Permit modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by § 18-205(3), the significant industrial user shall apply for a wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the significant industrial user with an existing wastewater discharge permit shall submit to the control authority within one hundred eighty (180) days after the promulgation of an applicable federal categorical pretreatment standard the information required by paragraph (v) and (vi) of § 18-205(3)(b).
   4. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this ordinance, EPA's Pretreatment Standards and Regulations promulgated under the authority of section 307(b) and (c) of the Federal Water Pollution Control Act (as provided for in 40 CFR 403.8(f)(1)(iii), and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
      1. Statement of duration (five (5) years or less);
      2. Statement of non-transferability;
      3. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
      4. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;
      5. All wastewater samples must be representative of the user's discharge
      6. Limits on the average and maximum wastewater constituents and characteristics;
      7. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
      8. Requirements for installation and maintenance of inspection and sampling facilities;
      9. Specifications and best management practices for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
      10. Compliance schedule;
      11. Requirements for maintaining and retaining records relating to wastewater discharge and best management practices as specified by the control authority for a period of at least three (3) years, and affording the control authority access thereto. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or the city's POTW or when requested by the TDEC or EPA.;
      12. Requirements for submission of technical reports or discharge reports (see 18-205(4));
      13. Requirements for notification of the control authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
      14. Requirements for notification of slug discharges. All categorical and non-categorical industrial users shall notify the control authority immediately of all discharges that could cause problems to the control authority, including any slug loadings, in accordance with § 18-202(10); and
      15. Other conditions as deemed appropriate by the control authority to ensure compliance with this ordinance.

   5. Permits duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date.

      The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification of the control authority during the term of the permit as limitations or requirements as identified in § 18-202 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of any change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

   6. Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the control authority. Any succeeding owner or user shall receive a copy of and also comply with the terms and conditions of the existing permit.
4. Reporting requirements for permittee.
    
    
   
   1. Baseline monitoring reports. Within either one hundred eighty days (180) after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
      Users described above shall submit the information set forth below.
      1. The name and address of the facility, including the name of the operator and owner.
      2. A list of any environmental control permits held by or for the facility.
      3. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
      4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula in accordance with 40 CFR 403.6(e).
      5. Measurement of pollutants.
          
          
         
         1. The user shall provide the information required in § 18-205(3)(b)(iii).
         2. The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this paragraph.
         3. 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 user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;
         4. Sampling and analysis shall be performed in accordance with § 18-205(4)(c)(iii);
         5. The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
         6. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
      6. Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 18-201(2) 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 (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
      7. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 18-205(3)(b)(vi) of this ordinance.
      8. Signature and report certification. All baseline monitoring reports must be certified in accordance with § 18-205(4)(v) of this ordinance and signed by an authorized representative as defined in § 18-201(2).
   2. Compliance date report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the control authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or Requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed and certified in accordance with § 18-205(4)(e) by an authorized representative of the user as defined in § 18-201(2).
   3. Periodic compliance reports.
      1. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the potw, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent and the measured or estimated average and maximum daily flows for the reporting period, which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in the permit application. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted. In cases where the pretreatment standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.
      2. The control authority may impose mass limitation on users which the control authority has reason to believe are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the periodic compliance report required by sub-paragraph (i) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pre-treatment standards. The frequency of monitoring shall be prescribed in the wastewater discharge permit.
      3. All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(g) of the Act and contained in 40 CFR, part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. 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 Analytical Procedures for Screening of Industrial Effluents for Priority Pollutants," dated April, 1977 and amended thereto, or with any other sampling and analytical procedures approved by the administrator.
      4. All periodic compliance reports must be signed and certified in accordance with § 18-205(4)(e).
   4. Permit limit violations. If sampling performed by a user indicates a violation, the user shall notify the control authority within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis for the parameter(s) violated and submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation. The user shall also provide written notice of the violation within five (5) days of becoming aware of the violation.

   5. Certification statements. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 18-205(3)(b), baseline monitoring reports under§ 18-205(4)(a), compliance date reports under § 18-205(4)(b), and periodic compliance reports required by § 18-205(4)(c). The following certification statement must be signed by an authorized representative as defined in § 18-201(2):

      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.

5. Monitoring facilities The control authority shall require to be provided and operation at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the control authority may, when such location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

   There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

   Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the control authority's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the control authority.

6. Inspection and sampling. The control authority shall inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the control authority or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The control authority, state, and EPA shall have the right to set up on the user's property such devices as are necessary for them to conduct sampling inspections, compliance monitoring and/or metering operations.

   The control authority will establish those pollutants to be sampled, at the users expense, at the prescribed minimum frequency shown in the user's permit. The user must collect samples using twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (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 the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. All analysis shall be performed in accordance with procedures established by the administrator pursuant to section 304(g) of the Act and contained in 40 CFR part 136 as amended. 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 Analytical Procedures for Screening of Industrial Effluents for Priority Pollutants," dated April, 1977 and amended thereto, or with any other sampling and analytical procedures approved by the administrator. The user shall submit monitoring reports to the control authority of those priority pollutants to be sampled at the frequency prescribed in the wastewater contribution permit. The results of any and all sampling of the user's discharge shall be reported, including sampling which exceeds the required minimum frequency. Failure to comply with these requirements may result in enforcement action as set forth in § 18-208.

   For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in § 18-205(4), 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 control authority may authorize a lower minimum. For the reports required by paragraphs § 18-205(4), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
   Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the city, state, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

7. Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the control authority shall be provided, operated and maintained at the user's expense. Detailed plans prepared by a professional engineer registered in the State of Tennessee showing the pretreatment facilities and operating procedures shall be submitted to the control authority for review, and shall be acceptable to the control authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the control authority under the provisions of this ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the control authority prior to the user's initiation of the changes.

   All records relating to compliance with pretreatment standards shall be made available to officials of the city, EPA or state upon request.

8. Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the control authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

   When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to the state and/or EPA for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state, any state agency, or the EPA in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

9. Public notification. In compliance with 40 CFR part 403.8, the control authority must annually publish in the local newspaper a list of industrial users which, during the previous twelve (12) months, were in significant non-compliance with the pretreatment program requirements. (Ord. #2021-42, Dec. 2021)

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