HomeMy WebLinkAboutORD 6557 SEWER ORDINANCE
Augusta Richmond GA
DOCUMENT NAME: 5 <:C\..) e\ U3 e. 0 r-d'l nQ,V') C e
DOCUMENT TYPE: () rd. " \~ C\...i,\ Ce....
YEAR: 0;2.
BOX NUMBER: 11
FILE NUMBER: 10.551
NUMBER OF PAGES:
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AUGUSTA UTILITIES DEPARTMENT
360 BAY STREET, SUITE 180
AUGUSTA, GEORGIA 30901
SEWER USE ORDINANCE
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TABLE OF CONTENTS
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SECTION 5-3-1 _ GENERAL PROVISIONS ............................................................ 4
a.
b.
c.
d.
Purpose and policy........................................ ~ . . . . . . . . . . . . . . . . . . . . . . .
Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Defini tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Abbreviations. . . . . . . . .', .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
5
11
SECTION 5-3-2 - USER OF PUBLIC SEWER......................................................... 11
a. Unsani tary Offensive Deposi ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
b. Discharge Wastes To Natural Outlets................................ ............... 11
c . Private Sewer Disposal.........:................................................. 11
d. Sewer Connection Required if Available. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
SECTION 5-3-3 - PRIVATE SEWAGE DISPOSAL
..................................................... .
11
a. Connection to privatesystem...................................................... 11
b. Refer Applicant to the Board of Health... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
c. Inspection of Private system...................................................... 11
d. 'Acceptable Private Sewerage System............................................... 11
e. Connection to Public Sewer Required if Available ................................ 12
f. Private operai::i"ons and Funding................................................... 12
SECTION 5-3-4 - GENERAL REQUIREMENNTS
....................................................... .
12
a. Prohibi ted Discharge Standard.................................................... 12
SECTION 5-3-5 - DISCHARGE LIMITS AND STANDARDS ............................................... 14
a. Federal Categorical Pretreatment Standards....................................... 14
b. 'Local Limit...................................................................... 15
c. Reserved......................................................................... 15
d. Augusta's Right of Revision...................................................... 15
e. special Agreement................................................................. 15
f. 'Dilution . . . . . .. . . . . . , . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
g. Pretreatment Facilities.......................................................... 15
h. Deadline for Compliance with Applicable Pretreatment Requirements for Existing
Users .......... '_' . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
i. Deadline for Compliance with Applicable Pretreatment Requirements' for New
Sources ............................................................................. 15
j. Compliance Schedules for.Categorical and Non-categorical Users................... 16
k. Additional Pretreatment Measure.................................................. 16
1. Accidental Discharge/Slug Control.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
SECTION 5-3-6 - HAULED WASTE
................................................................ .
17
a. Limitations on Points.of Discharge............................................... 17
b. Waste Hauler Permit. ~'............................................................ 17
c. Discharge of Hauled wastes...............................:....................... 18
d. Hauled Waste Receipt and' sample.. ...............,................................. 18
e . Conditions of Discharge. "., . . .... . , . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
f. Refusal of Waste........::.........................................:.............. 18
g.. Discharge at Other L6catio~Unlawful.... ................. ............ ............ 18
h. Fees for Discharge of Hauled Wastes............................................... 18
i. Charge for Late Payment.......................................................... 19
j. Termination of Services of. Nonpayment . .. . . . .. .....................;......... ..... 19
SECTION 5-3-7 - WASTEWATER DISCHARGE PERMIT 'REQUIREMENTS
....................... ,",............
19
a. Wastewater Discharge permitting: Existing Significant User...................... 20
b. Wastewater Discharge permitting: New Source and New User................... . . ... 20
c. Wastewater Discharge'Permit Appiic~tion Contents................................. 20
d. Signatory and Certification' Requirement. . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . ... . . . . . . . . .. 22
e. Was tewa ter Di scharge . permi t Decisions............................................ 22
f. Wastewater.Discharge Permit Contents......~...................................... 22
g. Wastewater Discharge Permit Appeals.............................................. 23
h'. wastewater Discharge Permit .D].1ration . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 23
i. Wastewater' Discharge Permit Modification......................................... 23
j. Wastewater Discharge Permit Transfer............................................. 24
k. Wastewater Discharge Permit Revocation............................................ 24
1. wastewater Discharge Permit Reissuance........................................... 25
m. Continuation of Expired Permit.................................................... 25
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SECTION 5-3-8 - REPORTING REQUIREMENTS
25
a. Baseline Moni taring Report.................,..................................... 25
b. Final Compliance Report (Initial Compliance Report) .... ..... . .. . . ........ . . ... . .. 26
c. periodic Compliance Report....................................................... 26
d. . Compliance Schedule for Meeting Pretreatment Standards........................... 27
e. Notification of Significant Production Change.................................... 27
f. Hazardous Waste Notif.ication..................................................... 27
g. Notification of Potential Problem(s) .. . .. . . ..... . . . . .. . .. . . . . . . . . . ...... . .... . ... 28
h. Notice of Violations/Repeat Sampling and Reporting................,.. ~........... 28
i. Notification of Changed Discharge................................................ 28
j. Total Toxic Organic (TTO) Reporting.............................................. 28
k. Record Keeping....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
SECTION 5-3-9 - SAMPLING AND ANALYTICAL REQUIREMENTS ......................................... 29
a. Sampling Requirements for Users.................................................. 29
b. POTW'S Monitoring of Users' Wastewater........................................... 29
SECTION 5-3-10 - COMPLIANCE MONITORING.............. .............. ............. ......... ..... 29
a. Inspection and Sampling.......................................................... 29
b. Monitoring Facilities............................................................ 29
c. Search Warrants... . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. 29
d. Vandalism.............. . . . . .. . .. . . . . . ... . . . . . . ...... .. . . . . . . . . .. ........ .... ..... 29
SECTION 5-3-11 - CONFIDENTIAL INFORMATION.................................................... 29
SECTION 5-3-12 - PUBLICATION. OF USERS IN SIGNIFICANT NONCOMPLIANCE......... . . . . . . . . . . . . . . . . .. 30
SECTION 5-3-13 - ADMINISTRATIVE ENFORCEMENT REMEDIES
30
a. Notification of Violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
b. Consent Orders............................................. .... .......... .... . ... .. 30
c.. Show Cause Hearing.....................;......................................... 30
d. Compliance Orders.. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
e. Cease and Desist Orders.......................................................... 31
f. Administrative Fines............................................................. 31
g. Emergency Suspensions....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
h. Termination of Discharge (Non-Emergency) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
SECTION 5-3-14 - JUDICIAL ENFORCEMENT REMEDIES................................................ 32
a. Inj uncti ve Relief................................................................ 32
b. Civil Penalties............................................................. .... .. 32
c. Criminal Prosecution......... .'. . . ...... . . .. .......... . . . .. .. . . . . . .. . ..... . ... . ... 33
SECTION 5-3-15 - SUPPLEMENTAL ENFORCEMENT ACTION
34
a. Performance Bonds (Optional] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
b. Liability Insurance [Optional] ... : . . .. ....... ... .. .......:......... . .. . . . .... . . .... 34
c. Water Supply Severance [Optional] .......,......................................... 34
SECTION 5-3-16 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS................ . . . . . . ; . . . . . . . .. 34
a. Upset............................................................................ 34
b. Prohibi ted Discharge Standards................................................... 35
c. Bypass. . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
SECTION 5-3-17 - WASTEWATER' TREATMENT SURCHARGE RATES........................................ 36
SECTION 5-3-18 - MISCELLANEOUS PROVISIONS ..........:......................................... 37
a. Pretreatment 'Charges and Fees..................................................... .37
b. Severability...... .. ... ....... .. .'. . .. ............................... ... ...... ..... 37
c. Conflicts. . . . . . . . . . . '.' ... . . . .. .'. . . . . . . '.' . . . . . . . . . . . . . . . . . .-. . . . . . . . . . . . . . . . . . . . . . .. 37
SECTION 5-3-19 - EFFECTIVE DATE.............................................................. 37
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AUGUSTA, GEORGIA SEWER USE ORDINANCE
ORDINANCE NO. 6557
AN ORDINANCE TO AMEND AUGUSTA,
GEORGIA'S CODE SECTIONS 5-3-'1
THROUGH 5-3-19; TO REPEAL
CONFLICTING ORDINANCES; TO PROVIDE
AN EFFECTIVE DATE AND FOR OTHER
PURPOSES
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISS10N AND lT IS HEREBY
ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section 1. Augusta,
Sections 5-3-1 through 5-3-19 is
said section in their entirety
thereof the following:
Georgia Code, Title 5,
hereby amended by deleting
and substituting in lieu
~ 5-3-1 - GENERAL PROVISIONS
This chapter shall be known as Augusta, Georgia Sewer Use Ordinance.
(a) Purpose and Procedure. Augusta is' a political subdivision of the State of
Georgia and operates under enabling legislation enacted by the General Assembly of Georgia
(GA Laws 1995, p. 3648) and the authority invested by the Constitution of the State of
Georgia. Legal authority is vested in Augusta, Georgia to carry out the provisions of the
Ordinance, particularly the Pretreatment Program. The Augusta-Richmond County Commission,
on behalf of Augusta, Georgia has full legal authority and power to apply any of the
applicable sections of the Federal Water Pollution Control Act for purposes of
enforcement.
This ordinance sets forth uniform'requirements for users of the Publicly Owned Treatment
Works (POTW) for Augusta, Georgia and enables Augusta to comply with all applicable State
and Federal laws, incltiding the' Clean 'Water Act (33 USC 1251 et ~.) and the General
Pretreatment Regulations (40' CFR Part .403). The objectives of.this ordinance are:
(1). To prevent the introduction of pollutants into the POTW that will interfere
with the operation of the POTW;
. .
(2) To prevent the introduction of .pollutants into the POTW which will pass
through the POTW, inadequately treated,into'receiving waters or otherwise be incompatible
with the POTW;
. .
(3) To ensure t'hat the quality of the wastewater treatment plant sludge is
maintained at a level which allows its use and disposal in compliance with applicable
statutes and regulations;
(4) To protect POTW personnel who may be affected by wastewater and sludge in
the course of their employment and to protect the general pUblic;
(5) To improve the opportunity to recycle and reclaim wastewater and sludge
from the POTW;
This ordinance shall apply to all users of Augusta's POTW, which includes both the James
B. Messerly (JBM) and Spirit Creek (SC) Water pollution Control Plant (WPCP) and all
conveyances to same. The ordinance authorizes the issuance of wastewater discharge
perlnits; authorizes monitoring, compliance, and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides for the setting of
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fees for the equitable distribution of costs resulting from the program established
herein.
(b) Administration. Except as otherwise provided herein, Augusta's Assistant
Director of Utili ties shall administer, implement, and enforce the provisions of this
ordinance. The Assistant Director of Utili ties may delegate any powers granted to or
duties imposed upon the Assistant Director of Utilities to other duly authorized
representatives or agents.
(c) Definition. Unless a provision explicitly states otherwise, the following terms
and phrases, as used in this ordinance, shall have the meanings hereinafter designated.
(1) Act or "the Act". The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. 1251 et ~.
(2) Administrative Action. An enforcement action authorized by Augusta's legal
authority that is taken without the involvement of a court.
(3) Administrative Fine. A punitive monetary charge unrelated to actual
treatment costs which is assessed by Augusta rather than a ~ourt.
(4) Administrative Order. A document, which orders the violator to perform a
specific, act or refrain from an act. For example, the order may require users to attend
a show cause meeting, cease and desist discharging or undertake activities pursuant to a
compliance schedule. .
(5) Applicable Pretreatment Standards. For any specified pollutant, Augusta's
prohibitive standards, Augusta's specific pretreatment standards (local limits), or EPA's
Categorical Pretreatment Standards (when effective), whichever standard is appropriate or
most stringent.
(6) Approval Authority. The State of Georgia, Department of Natural Resources
Environmental Protection Division. The Approval Authority is responsible for approval and
oversight of Control Authority pretreatment programs including an evaluation of the
effectiveness of local enforcement.
(7) Assistant Director of Utilities.
supervise the operation of the POTW, and who
responsibilities by this ordinance.
'(8) Augusta, Georgia or Augusta. A pOlitical subdivision of the State of
Georgia governed by Augusta-Richmond County Commission.
The
is
designated by
wi th certai'n
to
and
Augusta
duties
person
charged
(9) Authorized Representative of the User.
a. If the user is a corporation:
1. The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
2. The manager of one. or more manufacturing, production, or operation
facili ties employing more than 250 persons or having gross annual
sales or' expenditures exceeding $25 million (in second-quarter 1980
dollars) , if authority 'to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures;
b.
If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively; .
C'.
If the user is a Federal, State, or local governmental facility: a
director or highest official appointed' or designated to oversee the
operation and performance of' the activities of the government facility,
or his/her designee.
d.
The individuals described in 'paragraphs (a) through (c) above may
designate another authorized. representative if the authorization is in
writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for' the company, and the written authorization is . submitted to
Augusta.
(10) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5)
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days at 200 centigrade, usually expressed as a concentration in milligrams per liter
(mg/l) .
(11) Board of. Heal th.
agent or representative.
The Richmond county Board of Health or an authorized
(12) Building Inspector.
authorized agent or representative.
The chief building inspector of Augusta or his
(13) Building Sewer. The extension from the building drain to 'the public sewer
or other place of disposal also called house connection.
(14) Cateqorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits 'promulgated by the U. S. EPA in accordance wi th
Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which, apply to a specific category of
users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(15 )
Standards.
Categorical User.
A user covered by one of EPA's Categorical Pretreatment
(16)
who handle
times.
Chain-of Custody.
(collect, transport,
A written record of sample possession for .all persons
analyze, dispose) a sample, including names, dates and
(17) Chemical Oxygen Demand (COD). A measure of the oxygen required to oxidize
organic and oxidizable inorganic compounds in water.
(18 )
conditioning,
is heat.
Cooling Water.
heat exchangers,
Cooling water may be generated from any use, such as air
cooling or refrigeration to .which the' only pollutant added
(19) Color. The optical density at the visual wavelength of maximum absorption
relati ve to distilled water. One hundred percent (100%) transmittance is equivalent to
zero (D,O) optical density.
(20) Combined Sewer.
surface water.
A sewer intended to receive both wastewater and storm or
(21) Commission. Augusta-Richmond County Commission.
(22) COlrumunity Sewer. Any public sewer containing wastewater from more than one
premise.
(23) Compatible Pollutant. BOD, TSS, pH, fecal coliform bacteria, ammonia, and
such additional pollutants as are now, or may in the future, be specified and controlled
in Augusta's NPDES permit for its wastewater treatment works where said works have been
designed and used to reduce or remove pollutants.
(24) Composi te Sample. The sample resulting from the combination of individual
was tewater samples taken at selected intervals based on an increment of either flow or
time.
. (25) Control Authority.' -Au~u~ta' s D~rector of Utili ties or his duly authorized
representative or agent.
(26) Conventional. Pollutants.. Pollutants described as BOD, suspended solids pH,
fecal. coliform bacteria, oil' and grease, phosphorus, total kj eldahl .ni trogen and such
additional pollutants as are' now or may.in the future be specified and controlled in
Augusta's NPDES for its wastewater treatment works where said works have been designed and
used to reduce or remove such pollutant.
(27) Discharge. The discha'rge .of a .pollutant or the discharge of pollutants.
(28) Direct Discharge. The discharge of treated or untreated wastewater directly
to the Waters of the State of Georgia.
.r (29) Domestic User (Residential User). Any person who contributes, causes, or
allows the contribution of wastewater into .Augusta's POTW that 'is 'of a'similar volume
and/or chemical make-up as that of 'a residential dwelling unit. Discharges from a
residential dwelling'unit typically do: not exceed 200 mg/L of BOD and 200'mg/L of TSS.
(30) Environmental Protection Division (EPD). The State of Geor<;;'ia Department
of Natural Resources, Environmental Protection Division or its duly authorized
representative.
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(31) Environmental Protection Agency (EPA). The U.S. Environmental Protection
Agency or, where appropriate, the Regional Water Management Division Director, or other
duly authorized official of said agency.
(32) Existing Source. For a categorical industrial user, an "existing source"
is any source of discharge, the construction or operation of which commenced prior to the
publication by EPA of proposed categorical pretreatment standards, which will be
applicable to such source if the standard is thereafter promulgated in accordance with
Section 307 of the Act.
(33) Existing User. For non-categorical users an "existing user" is defined as
any user which is discharging wastewater prior to the effective date of this ordinance or
include a specific date such as the date the code will become effective.
(34) Flammable. To be defined by existing fire regulations covering Augusta.
(35) Floatable Grease. Grease in a state such that it is insoluble in the
liquid waste and will separate' from the liquid by gravity in properly operating grease
separation facilities.
(36) Flow Proportioned. A composite sample that is collected continUOUSly or
discreetly. Discreet sampling may be flow-proportioned with by varying the time interval
between each aliquot. All composites must be flow-proportional to each stream flow at
time of collection of aliquot or to the total flow since the previous aliquot.
(37) Grab Sample. A sample which is taken from a wastestream on a one-time
basis without regard to the flow in the wastestream and without consideration of time.
(38) Grease. Such materials include fats, oils, waxes and related compounds of
animal, vegetable or mineral origin.
(39) Hazardous Substance. Any substance designated under 40' CFR Part 261
pursuant to Section 311 of the Clean Water Act.
(40) Holding Tank Waste.
chemical toilets, campers, trailers,
store, treat or transport waste.
Any waste. from a holding tank such as vessels,
septic tanks and vacuum-pump tank trucks utilized to
(41) Indirect DiSCharge. The introduction of pollutants into the POTW from any
non-domestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge
into the' POTW is normally by means of pipes, conduits, pumping stations, force mains,
cons tructed drainage ditches, surface water intercepting di tches, and all constructed
devices and appliances appurtenant thereto.
(42) Industrial Wastes. The wastewater from industrial processes, trade or
business as distinct from domestic or sanitary wastes.
(43) Influent. The wastewaters entering at Augusta's wastewater treatment plant
for treatment.
(44) Interference. A discharge which, alone or in conjunction with a discharge
or discharges from other sources, either: (1) inhibits or disrupts the POTW, its treatment
processes or operations; (2) inhibits - or disrupts its sludge processes, . use or disposal;
or (3) is a cause o~ a violation of Augusta's NPDES permit or of the prevention of sewage
sludge use or disposal in compliance 'with any of the following statutory/ regulatory
provisions or permits issued thereunder (or more stringent State or local regulations):
Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title
II commonly referred to as the Resource 'Conservation and Recovery Act' (RCRA); any State
regulations contained in any State sludge'management plan prepared pursuant to Subtitle D
of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
(.45 )
powers.
Legal Authority.
.The source of Augusta's jurisdiction and regulatory
(46) Maximum Allowable Discharge Limit. The maximum concentration (or loading)
of a pollutant allowed to be discharged at any time, determined from the analysis of any
discrete or composite sample collected.
(47) Medical Wastes. Isolation wastes, infectious agents, human blood and blood
products, pathOlogical wastes, sharps, body parts, contaminated bedding, surgical wastes,
p6tentially contaminated laboratory wastes, and dialysis wastes_
. (48) National Pollutant Discharge Elimination Sys'tem (NPDES). The program for
issuing, conditioning and denying permits for the discharge pollutant from point sources
into navigable waters pursuant to.Section 403 of the Federal Water Pollution Control Act
(33 U.S.C 1342).
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(49)
New
a.
Source.
Any building, structure, facility, or installation from which there is
(or may be) a discharge of pollutants, the construction of which
commenced after the publication of proposed pretreatment standards under
Section 307(c) of the Act which will be applicable to such source if such
standards are thereafter prqmulgated in accordance. wi th that section,
provided that: .
1. The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
2. The building, structure, facility, or
the process or production equipment
pollutants at an existing source; or
installation totally replaces
that causes the discharge of
3. The production or wastewater generating processes of the building,
structure,. facility, or installation is substantially independent of an
existing source at the same site. In determining whether these are
substantially independent factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which
the new facility is engaged in the same general type of activity as the
existing source, should be considered.
b. Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not
create a. new building, structure, facili ty, or installation meeting the
criteria of Section a. 1. or 2. above but otherwise alters, replaces, or
adds to existing process or production equipment.
c. Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous onsite construction
program
(i) any placement, assembly, or installation of facilities or
equipment; or
(ii) significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facili ties which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of
facilities or equipment, which are intended to be used in its operation
wfthin a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a
contractual obligation under this paragraph.
(50) New User. A "new user" is not a "new-source" and is defined as a user that
applies to Augusta for a new building permit or any person who occupies an existing
building and plans to discharge wastewater to Augusta's collection system after the
effective date of this 'ordinance or include a specific date such as the date the code will
become effective. Any pe'rson that buys an existing facility that is discharging non-
domestic wastewater will' be considered an .."existing user" if no'signi.ficant changes are
made in the manufacturing operation.
(51) Non-Contact Cooling Water. Water used for cooling which does'not corne into
direct contact with any raw material, intermediate product ~ waste product, or fini'shed
product.
(52) Pass Through.. A discharge which, exits the POTW. into waters of the United
States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources; is.a cause of'aviolation of any requi~ement of Augusta's
NPDES permit (including an increase in- the.magnitude or duration ofa violation).
. (53)
Permittee: A person or user issued a wastewater discharge permit.
. (54) Person. Any individual, partnership, co-partnership,. firm, company,
corporation, association, joint stock company, trust, estate, governmental entity, or any
other legal .enti ty; or their legal representatives, agents, or assigns. This definition
includes all Federal, State, or local governmental entities.
(55) E!i.
standard units.
A measure of the acidity or alkalinity of a substance, expressed in
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(56) pH Violation. Where a permi ttee continuously monitors pH, a violation
shall be defined as any 60-minute excursion outside of the permitted range. The total
time during which the pH values are outside the. required range' of pH value shall not
exceed 8 hours in any calendar month. Where a permittee analyzes grab samples for pH
analyses, a violation shall be defined as any excursion outside of the permitted range.
(57) Poll utant. Any dredged spoil, . solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt,
agricultural and industrial wastes, and the characteristics of the wastewater .[i.e., pH,
temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand (COD), toxicity, or odor].
(58) Pretreatment. The reduction of the amount of pollut"!nts, the elimina.tion
of pollutants, or the alteration of the nature of pollutant propertles in wastewater prior
to (or in lieu of) introducing such pollutants into the POTW. This reduction or
al teration can be obtained by physical, chemical, or biological processes; by process
changes; or by other means (except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard).
(59) Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment standard.
(60) Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local limits
established by Augusta, Georgia.
(61) Priority Pollutant.
toxic, carcinogenic, mutagenic,
identified as' such by EPA. This
may be added from time to time.
Any contaminant in water which is identified as being
teratogenic or is chemically similar to compounds
list includes 129 compounds and such other compounds as
(62) Process Wastewater. Any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use of any raw material,
intermediate product, finished product, by-product or waste product.
(63) prohibi ted Discharge Standards or Prohibited Discharges.
prohibi tions against the discharge of certain substances; these prohibitions
Sections 5-3-5 and 5-3-6 of this ordinance.
Absolute
appear in
(64) Proprietary Information. Information about a commercial chemical, product
or process which is considered to be confidential business information or a trade secret
by an industrial user because if divulged, the information could put the industrial user
at an unfair competitive disadvantage with competitors in the same industry.
(65) Publicly Owned Treatment Works (POTW). A "treatment works," as defined by
the Act (33 U.S.C. 1292), which is owned by Augusta. This definition includes any devices
or systems used in the' collection, storage, treatment, recycling, and reclamation of
sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant. The term also means Augusta.
(66) Self-Monitoring.
industrial user or its' designee.
Sampling analysis of wastewater performed by the
.(67) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
.( 68) Sewage.
operations, etc.)
Human excrement and gray water (household showers, dishwashing
(69) Sewer. Any pipe, conduit ditch, or other device used. to collect and
transport sewage from the generating source.
(70) Sewerage. The entire sY3tem of sewage collection, treatment and disposal.
(71) Shall, May. "Shall" is mandatory, "may" is permissive.
(72) Significant Industrial User (SIU).
a. A user subject to categorical pre~reatment standards; or
b. A user that:
1. Discharges an average of 25,000 gpd or more of process wastewater to
the POTW (excluding sanitary, non-contact cooling, and boiler blowdown
wastewater); or
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2. Contributes a process wastestream which makes up five (5) percent or
more of the average dry weather hydraulic or organic capaci ty of the
POTW treatment plant; or
3. Is designated as such by Augusta on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
4. Upon a finding that a user meeting the criteria in Subsection two (2)
has no reasonable potential for adversely affecting the POTW's
operation or for violating any applicable pretreatment standard or
requirement, Augusta may at any time, on its own initiative or in
response to a peti ti6n received from a user and in accordance with
procedures in 40 CFR 403.8(f) (6) determine that such user should not be
considered a significant industrial user.
(73) Slug Load. Any discharge at a flow rate or concentration which could cause
a violation of the discharge standards in Section 5-3-9 of this ordinance or any discharge
of a non-routine, episodic nature, including but not limited to, an accidental spill or a
non-customary batch dischar.ge.
(74) Standard Industrial Classification (SIC) Code. A classification pursuant
to the Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
(75) Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
(76)
levels.
Surcharge.
A charge for treating pollutant loading above design domestic
(77) Total Suspended Solids. The total suspended matter' that floats on the
surface of, or is suspended in, water, wastewater, or other liquid, and which is removable
by laboratory filtering.
(78) Toxic Pollutant. One of 126 pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C.
1317) of the Act.
(79) Treatment Plant Effluent.
United States.
The discharge from the POTW into waters of the
(80) Upset. An exceptional incident in which there is unintentional and
temporary noncompliance with categorical Pretreatment Standards because of factors beyond
the control of the industrial user. . An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, lack of preventive
maintenance, or careless or improperly operation.
(81) User or Industrial User. A source of indirect discharge. The source shall
not include "domestic user" as defined herein.
(82) Wastewater. Liquid and water-carried industrial wastes 'and sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW.
(83) Wastewater Discharge. Permit. (Industrial Wastewater Discharge Permit,
Discharge Permit). An authorization or equivalent control document issued by Augusta to
individual users discharging wastewater to the POTW. The permit may contain appropriate
pretreatment standards and requirements as set forth in this ordinance. .
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(84) Wastewater Treatmerit Plant or Treatment Plant. That portion .of the POTW,
which is designed to provide treatment of municipal sewage and industrial waste.
The use of the singular shall be construed to include the plural and the plural shall
include the singular as indicated by the context of its use.
(d) Abbreviations
The following abbreviations shall have the designated meanings:
ASPP Accidental Spill Prevention Plan
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
EPA U.S. Environmental Protection Agency
~ gallons per day
1 liter
LEL Lower Explosive Limit
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!'!.9...
mg/l
NPDES
O&M
POTW
RCRA
SIC
SIU
SWDA
TSS
USC
WPCP
i'
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milligrams
milligrams per liter
National Pollutant Discharge Elimination System
Operation and Maintenance
Publicly Owned Treatment Works
Resource Conservation and Recovery Act
Standard Industrial Classifications
Significant Industrial User
Solid Waste Disposal Act (42 U.S.C. 6901, et ~.)
Total Suspended Solids
United States Code
Water Pollution Control Plant
~ 5-3-2 - USE OF PUBLIC SEWER
(a) Unsani tary Offensive Deposits on Property Generally. 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 Augusta or any area under the jurisdiction of said Augusta, any
human excrement, garbage or other objectionable waste.
(b) Discharging Waste to Natural Outlets. It shall be unlawful to discharge to any
natural outlet within Augusta or in any area under the jurisdiction of said Augusta, any
sewage or other polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this Ordinance.
(c ) Private Sewage Disposal. Except as hereinafter 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.
(d) Sewer Connection Required if Available. The owner of all houses, buildings or
properties used for human occupancy, employment, recreation or other purposes, situated
within Augusta and abutting on any street, alley or right-of-way in which there is located
a public sanitary or combined sewer of Augusta, 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 90
days after date of official notice to do so, provided that said public sewer is within 200
feet (61 meters) of the property line.
~ 5-3-3 - PRIVATE SEWAGE DISPOSAL
(a) Connection to Private System. Where a public sanitary or combined sewer is not
available under the provisions of Section 5-3-2, the building sewer shall be connected to
a private sewage disposal system complying with the provisions of this ordinance.
(b) Refer Applications to Board of Health. Before commencement of construction of a
private sewage disposal system, the owner shall first obtain a written permit. The
application for such permit shall be made on a form furnished by the Board of Health,
which the applicant shall supplement. by any plans, specifications and other information as
are deemed necessary by the Director of U~ilities.
(c) Inspection of Private Systems. A permi t for private sewage disposal system
shall not become effective until.the 'installation is completed to the satisfac~ion of the
Board of Health. The Board of Health shalel b.e allowed to inspect the work at any stage of
construction and in any event, the applicant for the permit shall notify the Board of
Health when the work is ready for final inspection and before any underground portions are
covered, excluding the building sewer to private sewer disposal system.
(d) Acceptable Private Sewage Disp'osal'. The type, capacities, location and layout
of a private sewage disposal system shall comply with all recommendations of the
Department of Human Resources of the State of Georgia. No permit shall be issued for any
private sewage disposal system employing subsurface soil absorption facilities where the
area of the lot is less than the requirements of'Augusta's Groundwater Recharge Qrdinance,
which provisions are set forth in Augusta-RiChmond County Code Title 8, .Chapter 6
(Sections 8-6-1 through 8-6-16), No septic tank or cesspool shall be permitted to
discharge to any natural outlet.
(e) Connection to Public Sewer Required'if Available. At su'ch time as a public
sewer becomes available to a property served by a private sewage disposal system, as
provided in' Section 5-3-2, a direct connection shall be made to the public sewer in
compliance with this ordinance and any septic tanks, cesspools and similar private sewage
disposal facilities shall be abandoned and filled with sui table material. When a public
sewer becomes available, the building sewer shall be connected to said sewer wi thin 90
days and the private sewage disposal system shall be cleaned of sludge and filled with
clean bank-ran gravel or dirt by the Owner.
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(f) Private Operation and. Funding. The owner shall operate and maintain the private
sewage disposal facilities in a sani~ary manner at all.~imes~. at no expense to Augusta.
(g) Board of Health. No statement .contained in this ordinance shall be construed to
interfere with any additional requirernents that may be imposed by the Board of Health.
~ 5-3-4 - GENERAL REQUIREMENTS
(a) Prohibited Discharge Standards
(1) General Prohibitions. No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater, which causes pass through or interference.
These general prohibitions apply to all users of the POTW whether or not they are subject
to categorical pretreatment standards or any other National, State, or local pretreatment
standards or requirements.
(2) Specific Prohibitions:
into the POTW the following pollutants,
No user shall introduce or cause to be introduced
substances, or wastewater:
a. Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint of
less than 1400F (600c) using the test methods specified in 40 CFR 261.21.
prohibi ted substances include, but are not limited to gasoline, kerosene,
naptha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides
and any other substances which have been determined to be a fire hazard to
the system.
c. Wastewater having a pH less than 6.0 or more than 11.0 standard units
at any time, or otherwise causing corrosive structural damage or hazard to
structures, equipment and/or personnel of the POTW.
d. Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resul ting in interference but in no case solids
greater than one-half inch.
e. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which, either
singly or by interaction with other pollutants, will cause interference
with the POTW.
f. Wastewater having a temperature which will inhibit biological activity
in the treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment plant
to exceed 1040F (4 OOC) unless the Approval Authority, upon the request of
the POTW, approves alternate temperature limits.
g. Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health and
safety problems.
h. Trucked or haul~d pollutants, except at discharge points designated by
Augusta.
i. Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or. by. interaction with other wastes, are sufficient to
create a public nuisance or a hazard to life, or to prevent entry into the
sewers for 'maintenance 'or repair.
j. Wastewa.ter which imparts 'color which cannot be removed by the treatment
process, . such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the treatment plant's
effluent, thereby violating Augusta's NPDES permit. Color, in combination
with turbidity, shall not cause the t~eatment plant effluent to reduce the
dep'th of the compensation point for photosynthetic acti vi ty by more than
ten percent (10%) from the. seasonably established norm for aquatic life.
k. Wastewa ter containing any radioactive wastes or. isotopes except as
specifically approved by the Assistant Director of Utilities in compliance
with applicable State or Federal regulations.
1. Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drain'age, swimming pool drainage, condensate, deionized
water, non-contact cooling water, and unpolluted wastewater, unless
specifically authorized by the Assistant Director of Utilities.
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m. Any sludges, screenings, or other residues from the pretreatment of
industrial wastes or from industrial processes.
n. Medical wastes, except as specifically authorized by the Assistant
Director of Utilities.
o. Wastewater causing alone or in conjunction with other sources the
treatment plant's effluent to fail toxicity test. In the event toxicity is
found in the POTW, the Assistant Director of Utilities may require
industrial users to participate in a Toxicity Reduction Evaluation in
accordance with the provisions of the POTW treatment plant's NPDES permit.
p. Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW.
q. Any liquid, solids, or gases which by reason of their nature or
quantity are, or may be, sufficient either alone or by interaction with
other substances to cause fire or explosion or be injurious in any other
way to the POTW or to the operation of the POTW. At no time shall two (2)
successive readings on an explosion meter, at the point of discharge into
the system (or at any point in the system), be more than five (5%) per cent
nor any single reading over ten (10%) per cent of the lower explosive limit
(LEL) of the meter.
r. Grease, animal guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent
lime, stone or marble dusts, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops, waste paper, wood, plastics,
gas, tar asphalt residues, residues from refining or processing of fuel or
lubricating oil, mud, or glass grindings or polishing wastes.
s. Any substance which, will cause the POTW to violate its NPDES and/or
other disposal system permits.
t. Any wastewater, which in the opinion of the Assistant Director of
Utilities can cause harm either to the sewers, sewage treatment process, or
equipment; have an adverse effect on the receiving stream; or can otherwise
endanger life, limb, public property, or constitute a nuisance, unless
allowed under special agreement by the Assistant Direct<;>r of Utilities
(except that no special waiver shall be given from categorical pretreatment
standards) .
u. The contents of any tank or other vessel owned or used by any person in
the business of collecting or pumping sewage, effluent, septage, or other
wastewater unless said person has first obtained testing and approval as
may be generally required by Augusta and paid all fees assessed for the
privilege of said discharge.
v. Any hazardous wastes as defined in rules pUblished by the State of
Georgia or in EPA regulations 40 CFR Part 261.
w. Persistent pesticides and/or pesticides regulated by the Federal
Insecticide Fungicide Rodenticide Act (FIFRA)
x. Any wastewater, which causes hazard to human life, creates a public
nuisance or endangers the environment.
(3) Limi ta tions on the Use of Garbage Grinders. Waste from garbage grinders
shall not be discharged into a Community Sewer except where generated in preparation of
food consumed on the premises. Such grinders must shred the waste to a degree that all
particles will be carried freely under normal .flow conditions prevailing in the Community
Sewers. Garbage grinders shall not be used for the grinding of plastics, paper products,
inert materials or garden refuse~
Pollutants, substances, or wastewater prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
~ 5-3-5 - DISCHARGE LIMITS AND STANDARDS
(a) Federal Categorical Pretreatment Standards.
pretreatment standards found at 40 CFR Chapter I, Subchapter
incorporated. If federal categorical standards establish
stringent than those established in subsection (b) hereof,
standard will take precedence.
The National categorical
N, Parts 405-471 are hereby
limits for a pollutant more
the categorical pretreatment
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In accordance with 40 CFR 403.13, Augusta may adjust a categorical Pretreatment
Standard if data specific to that Industrial User indicates it presents factors
fundamentally different from those considered by EPA in developing the limit at issue.
Where process effluent is.. mi~ed .Jri~:>r . to .treatment with wastewater other than
those generated by the regulated process, Augusta will derive fixed alternative (mass or
concentration) discharge limitations. These limits will be applied to the mixed effluent
in accordance with 40 CFR 403.6 (e).
Federal Categorical Pretreatment Standards may be expressed. as either
concentration or mass limits. Equivalent limits (mass or concentration) will be provided
so that local, state or federal authorities responsible for enforcement may use either
concentration or mass in accordance with 40 CFR 403 (6).
Augusta may adjust Categorical Pretreatment Standards to reflect the presence of
pollutant in the Industrial User'~ intake water in accordance with 40 CFR 403.15.
(b) Local Limitations. No person or User shall discharge wastewater in excess of
the concentrations set forth below unless the wastewater discharge permit of the User
provides as a special permit condition a higher interim concentration level and a
requirement that the User coristruct a pretreatment facility or institute changes in
operations and maintenance procedures to reduce the concentration of pollutants to levels
not exceeding the standards set forth in the discharge permit within a fixed period of
time. The following pollutant limits are established to protect both the James B.
Messerly and Spirit Creek WPCP against pass through and interference. No person shall
discharge wastewater containing concentrations in excess of the following:
MAXIMUM CONCENTRATION, mg/l
PARAMETER
Arsenic, totaL..... ........................... ..................... 0 . 86
Cadmi urn, totaL............... ....................................... 0 . 14
Chromi urn, total.. .......................... .............. . ....... 1. 74
Chromium, (VI) .................... .......................... ...................... . . 1.74
Copper, totaL..... ..................... ............................... ....0.38
Lead, totaL............. ......................... ................................ . ...... 0 . 60
Mercury, total ................. ..... 0.002
Molybdenum, total........................... ............................ . . 0.78
Nickel, total.. ....................... ............................................ . ... 0.40
Seleni urn, total.... ........................ ........................................... . O. 68
Silver, totaL.......... ........................................................... . ...1.82
Zinc, total........................................ ........................... ............................... . 2. 46
Cyanide, totaL........... ...................... ....................... .... 0 . 08
Phenols............................................................................................................. ....2.13
Oil and Grease, Total............. .................... . ....................................500
Petroleum and MineraL....................................................................... 100
Benzene.............................................. ...................... .......................................... . 5.53
Carbon tetrachloride...................................................................... . . 0.14
Chlorobenzene............. ....................... ..........................................0.05
Chlorodibromethane............................................................................. ....2.93
Methyl chloride..................... ................................................ ....0.16
l, l, 2,2 Tetrachloroethane.. .... ...................................................0.93
Tetrachloroethylene...... ........................... ...... . .......... . . 0.89
.1,1, 2-Trichloroethane..:................................................................... . 3.62
Trichloroethylene..................................................................................... 0.04
2, 4 -Dimethyl phenol..............:............:..................... .............................. . 2.69
An thracene.......................................................................................................... O. 01
Bis (2 -ethylhexyl) phthala te............................................................O . 34
1,2 - Dichlorobenzene::...:................... ....................................... 0'. 01
1, 3-Dichlorobenzene...:.'.................................................................... ....0.98
1, 4 -Dichlorobenzene.........................:..................................................... 0.09
. Di -n - bu t yl ph thal a te,...................,.............:...................................... . O. 62
Fl uoranthene..............................................:................................................:. . 3.48
Hexachlorobenzene.................................................................................. . 0.000043
Hexachlorobutadiene.............. ......................... ................................... . 0.08
Pyrene........... .................................................... ..................................................... 0.01 .
Napthalene.................................................... ......................... ........................ . 3.21
1, I-Dichloroethylene.... .................... ............................................ . . 0.22
1, 3-Dichloropropylehe...................:..............:................................ . .1.01
Phenanthrene.........:..................:..:..................:.............................................. . 0.20
Acenapthene.............:.............:........................................................................ . 1.50
1, 1-Dichloroethane............~............................................................... ....0.34
1, 2 - Dichloropropane............................................................................ . 3. 36
2-Methy 4, 6-dinitrophenoL........................................................... 0: 29
Hexachloroethane..... ........................................................ . . 0.39
2 - Ni t ropheno 1.............. ....................... ....................................................... . O. 29
1,2, 4 -Trichlorobenzene................................................................ ....0.22
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The above limits apply at the point where the wastewater is discharged to the POTW (end-
of-the-pipe) . All concentrations for metallic substances are for "total" metal unless
indicated otherwise. Augusta may limit the discharge of specific substances, listed or
not listed above, on ~ case-by-case basis, if the discharge of that substance is shown to
interfere with the operation or performance of the receiving POTW or violates any
receiving stream water quality standards. The Assistant Director of Utilities may impose
mass limitations in addition to (or in place of) the concentration-based limi tations
above. Where a user is subject to a categorical pretreatment standard and a local limit
for a given pollutant, the more stringent limit or applicable pretreatment standard shall
apply.
(c) Reserved
(d) Augusta's Right of Revision. Augusta reserves the right to establish, by
ordinance or in wastewater discharge permits, more stringent standards or requirements on
discharges to the POTW.
(e) Special Agreement. Augusta reserves the right to enter into special agreements
with users setting out special terms under which they may discharge to the POTW. In no
case will a special agreement waive compliance with a categorical pretreatment standard or
federal pretreatment requirement. However, the user may request a net gross adjustment to
a categorical standard in accordance with 40 CFR 403.15. They may also request a variance
from the categorical pretreatment standard from the Approval Authority in accordance with
403.13.
(f) Dilution. No user shall ever increase the use of process water, or in any way
attempt to dilute a discharge, as a partial or complete substitute for adequate treatment
to achieve compliance with an applicable pretreatment standard or requirement unless
expressly authorized by an applicable pretreatment standard or requirement. The Assistant
Director of Utilities may impose mass limitations on users, which he believes may be using
dilution to meet applicable pretreatment standards or requirements, or in other cases when
the imposition of mass limitations is appropriate.
(g) Pretreatment Facilities. Users shall provide necessary wastewater treatment as
required to comply with this ordinance and shall achieve compliance with all applicable
pretreatment standards and requirements set out in this ordinance within the time
limi tations specified by the EPA, the State,' or the Assistant Director of Utili ties,
.whichever is more stringent. Any facilities required to treat wastewater to a level
acceptable to Augusta prior to discharging to the POTW, shall be provided, operated, and
maintained at the user's expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to Augusta for review, and shall be acceptable to
.Augusta 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 acceptable discharge to Augusta under the provisions
of this ordinance.
(h) Deadline for Compliance with Applicable Pretreatment Requirements for Existing
Users. Compliance by existing sources (categorical users) covered by Categorical
Pretreatment Standards shall be within 3 years of the date the Standard is effective
unless a shorter compliance time is specified in the appropriate Standard. Augusta shall
establish a final compliance deadline date for any existing user not covered by
Categorical Pretreatment Standards or for any categorical user when the local limits for
said user are more restrictive than EPA's Categorical Pretreatment Standards.
(i) Deadline for Complia~ce with Applicabl~ Pretreatment Requirements for New Source
or New Users. New Source 'dischargers and "New Users"~ are required to comply wi th
applicable pretreatment standards within the shortest feasible time (not to exceed 90 days
from the beginning of discharge). New Sources and "New Users" shall install and have in
operating condition, and shall "start-up" all pollution control equipment required to meet
applicable pretreatment standards before'beginning to discharge.'
(j) Compliance Schedule for Categorical and Noncategorical. Users. Any wastewater
discharge permit issued to a categorical user shall not contain a compliance date beyond
any deadline date established in EPA's Categorical Pretreatment Standards. Any other
existing user or a categorical user that must comply with a more stringent local limit,
which is in non-compliance with any local limits shall be provided wi.th a compliance
schedule placed in an industrial.wastewater permit to ensure compliance within the
shortest time feasible.
(k)" Additional Pretreatment. Measures
(1) Whenever deemed necessary, the Assistant Director of Utilities may require
users to restrict their discharge during peak flow periods, designate that certain
wastewater be discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and such other
condi tions as may be necessary to protect the POTW and determine the user's compliance
with the requirements of this ordinance.
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(2) Grease, oil, and sand interceptors shall be provided when, in the opinion
of the Assistant Director of Utili ties, they are necessary for the proper handling of
wastewater containing excessive amounts of grease and oil, or sand; except that such
interceptors shall not be required for residential users. All interception units shall be
of type and capacity approved' by the Assistant Director of Utilities and shall be so
located to be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the user at his expense.
(3) Users with the potential to discharge flammable substances may be required
to install and maintain an approved combustible gas detection meter.
(1) Accidental Discharge/Slug Control
The Assistant Director of Utilities may require any user to develop and implement
an accidental discharge/slug control plan. .Where deemed necessary by Augusta, facilities
to prevent accidental discharge or slug discharges of pollutants shall be provided and
maintained at the user's cost and expense. An accidental spill prevention plan/slug
control plan showing facilities and operating procedures to provide this protection shall
be submitted to Augusta for review and approval before implementation. Augusta shall
determine which user is required to develop a plan and require said plan to be submitted
within 30 days after notification by Augusta. Each user shall implement its ASPP as
submi tted or as modified after sllch plan has been reviewed and approved by Augusta.
Review and approval of such plans and operating procedures by Augusta shall not relieve
the llser from the responsibility to modify its facility as necessary to meet the
requirements of Section 573~5.
(1) Any user required to develop and implement an accidental discharge/slug
control plan shall submit a plan which addresses, at ~ minimum, the following:
a. Description of discharge practices,
discharges;
including non~routine batch
b. Description of stored chemicals;
c. Procedures for immediately notifying the POTW of any accidental or slug
discharge. Such notification must also be given for any discharge which
would violate any of the standards in Sections 5-3-4 and 5-3-5 of this
ordinance; and
d. Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limi ted to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures for
containing toxic organic pollutants (including solvents), and/or measures
and equipment for emergency response.
(2) Users shall notify Augusta immediately upon becoming aware of the
occurrence of a "slug" or "accidental discharge" of substances regulated by this
Ordinance. The notification shall incl'ude location of discharge, date and time thereof,
type of waste, concentration and volume, and corrective actions. Any affected user shall
be liable for any expense, loss, or damage to the POTW, in addition to the amount of any
fines imposed on Augusta on account thereof under state or federal law.
(3 ) Within five '( 5)"" dais" following an accidental discharge, the user shall
submi t to .the Assistant Director of Utili ties a detailed written report describing the
cause of the discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred' as a result of damage to the POTW, fish kills, or
any other damage to person or property; nor. shall such notification relieve the user of
any fines, civil penalties, or other liability which may be imposed by this Ordinance or
other applicable law. .
(4) Signs shall be permanently posted in conspicuous places on the user's
. premises advising employees whom .to call in the event of a slug or accidental discharge.
Employers shall instruct all employees who may cause or discover such a discharge with
respect to emergency notification procedures.
~ 5-3-6 ~ HAULED WASTE
(a) Limitations on Point of Discharge.
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(1) No person shall discharge any substance directly into a manhole or other
opening in a communi ty sewer other than through an approved building sewer, unless he
shall have been issued a permit by the Assistant Director of Utilities.
(2) Hauled waste may be discharged at the James B. Messerly Water Pollution
Control Plant at times and locations established by the Assistant Director of Utilities.
The designated receiving structure is located at:
James B. Messerly Water Pollution Control Plant
1820 Doug Barnard Parkway
Augusta, Georgia 30906
(3) No person shall discharge or cause to be discharged to any public sewer or
to any public sewer facility or to any private sewer tributary to any public sewer any
water and/or waste which has been removed and transported from any pit, sump, portable
toilet, holding tank, septic tank, or wastewater treatment facility except as authorized
by this ordinance. Such water and/or waste is hereinafter referred to in this ordinance as
hauled waste.
(b) Waste Hauler Permit. Only permitted waste haulers may discharge hauled waste to
the designated receiving structure:
(1) Any person wishing to obtain a permit to discharge hauled waste to the
designated receiving structure shall satisfy all state and local certification and
permitting requirements for hauling and disposing of liquid waste. Local certification is
handled through Richmond County Board of Health. The James B. Messerly Water Pollution
Control Plant's pretreatment s't'aff carries out the waste hauler discharge permitting
process. A permit application form along with the information listed below must be
submitted to Augusta's pretreatment staff.
a. Proof of comprehensive general liability and auto liability insurance.
The applicant must submit proof that it has obtained financial
assurances sufficient to restore or repair damage to the POTW caused by
its discharge. Additionally, the applicant must inform Augusta or its
designee at least 10 days prior to the time of policy cancellations or
renewals. Applicant shall maintain general liability insurance and
automobile liability insurance in such amounts as he may, from time to
time, deem appropriate.
b. A list of vehicles applicant has in service for transportation of liquid
waste. The list shall include the make and model, the state of
registration', the state vehicle license number and the tank volume in
gallons for each vehicle operated.
c. Proof that waste hauled vehicles, which are to discharge at the James B.
Messerly facility, are in compliance with all applicable federal, state
and local regulations applicable to waste hauler-servicing Augusta.
d. Volumes and types of waste transported each year for the last three
years. A new business shall submit an estimate of volumes for the first
year.
(2)
designated
Utilities
applicable
Any person who has . been permitted to discharge hauled waste at the
receiving structure shall annually provide proof to the Assistant Director of
of continued liability insurance and proof of continued compliance with
federal, state, and local regulations.
(3) The Assistant Director of Utilities may revoke a permit if the hauler is
found to be in violation of the provisions .of this ordinance.
(c) Discharge of Hauled.Waste.
(1) Under no circumstances may hauled waste which is hazardous waste, as
defined in 40 CFR 261, be'discharged to Augusta's POTW.
(2) Hauled waste generated at an industrial site may be discharged only if the
original source of the waste has received' written approval from the Assistant Director of
Utilities. The generator of such w_aste shall submit to the Assistant Director of Utilities
waste profile information on a form provided by Augusta. Additionally, prior to granting
approval,. the Assistant Director of Utilities may require analytical testing. Approval
will be either granted or denied on a case-by-case basis.
(d) Hauled Waste Receipts and Samples.
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(1) Each hauler will bear the responsibility of proving the origin of the waste
being hauled. No person shall discharge or 6ause to be discharged hauled waste without
presenting a completed manifest record on a form. provided by the Assistant Director of
Utilities. This manifest record must be maintained for not less than one year and must be
available for inspection by Richmond County Board of Health. Additionally, a tracking log
record must be signed for each load of waste disposed of at the wastewater treatment
plant.
(2) Hauled waste subject to prior approval provisions of Section 5-3-6 of this
ordinance may be discharged only upon receiving approval from Augusta.
(3) Trucks used for hauling wastes must be equipped with an approved device or
method for determining volume of waste in the tank. Trucks not so equipped shall be
charged based on tank capacity.
(4) In the event hauled waste is found to be in'violation of Section 5-3-5 of
this ordinance, it shall not be accepted.
(e) Conditions of Discharge
Any person permitted under Section 5-3-6 to discharge hauled waste at the point
designated herein and in possession of proper manifest record assents to the conditions
hereinafter stated and agrees to be bound by his conditional obligations and duties, to
wit:
(1) The hauler' will comply with all Augusta's regulations and follow the
direction of the James B. Messerly Water Pollution Control Plant employees while on the
Augusta's premises.
(2) The hauler agrees to reimburse Augusta from any and all damage and expenses
which may be suffered by it by reason of any or all of his acts done on it premises,
including but not as a limitation, the discharge of the aforesaid hauled waste which
violates any standard or standards of the ordinance.
(f) Refusal of Waste. The Assistant Director of Utili ties has the ri"ght to refuse
to accept the discharge of any hauled waste brought to the designated receiving structure.
If, in the opinion of the attendant on duty, based on a review of the manifest record,
waste profile and analytical testing Augusta may make the following determinations:
(1 )
.granted, or
The waste does not meet the conditions under which a prior approval was
(2)
processes.
The waste could adversely impact Augusta's treatment works and/or
(g) DiSCharge at Other Locations Unlawful. The discharge of hauled waste into any
facility, manhole or other location not approved for such discharge shall be considered
unlawful and the person responsible for such discharge shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not more than one thousand dollar
($1,000.00) or imprisoned in Augusta-Richmond County Detention Center for not more than
one year, or by both such fine and imprisonment for each such violation.
(h) Fees for Discharge of Hauled Waste
(1) Liquid waste hauled to the treatment plant for disposal shall be charged a
fee established by Augusta's COl1unissioners based upon the volume of, waste discharged into
the wastewater treatment plant and recovery of cost associated with treatment. Haulers
shall be billed on a monthly cycle.
(2) For the purpose of billing, waste hauled to the treatment plant for
disposal shall be divided into two classes:
a. Class A Septage from single family residence, portable toilets, and any
other waste provep to have a total BOD and TSS 'of 20,000 mg/L or less.
Example: BOD
10,000 mg/L
5,000 mg/L
TSS
Total
Class A.
15,000 mg/L, and is therefore classified a
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b. Class B shall consist of all other waste types and has been further
classified as follows:
1. Subpart B-1' includes commercial wastes grease traps and septage
from other than single family residence, holding tank waste, etc.
2. Subpart B-2 includes any waste generated as a result of an
industrial process.
(3) In order for waste other than septage from single family residences and
portable toilets to be classified as Class A, analyses must be performed which indicate
the sum of BOD and TSS concentrations is 20,000 mg/L or less. This must be established
before the waste is delivered to the treatment plant. (NOTE: BOD analysis requires 5
days. ) The waste hauler and company shall be responsible for all expenditures associated
with performing laboratory testing.
(i) Charge for Late Payment
If any charges billed are not paid by the due date indicated on any bill
rendered, then an additional late payment charge, based on the percentage established by
the ordinance for late payments of wastewater user charge, is imposed for each month or
portion thereof the bill remains unpaid beyond the due date.
(j) Termination of Service for Nonpayment
(1) When any waste hauler monthly charge
delinquent for more that fifteen days after the due
accept any further waste discharges from that hauler.
has
date,
not been paid and has been
then Augusta may refuse to
(2) When any bill rendered to a hauler who has hauled waste from a source (i.e.
Industrial user) subj ect to the high strength waste charges (i. e. surcharges) in Section
5-3-17 of thi~ ordinance has not been paid and has been delinquent for more than fifteen
days after the due date, Augusta may refuse to accept any further waste discharges from
that source.
5 5-3-7 - WASTEWATER DISCHARGE PERMIT REQUIREMENTS
No significant industrial user shall discharge wastewater into the POTW without first
obtaining a wastewater discharge permit from the Assistant Director of Utilities.
Additionally, no user shall discharge conventional pollutant concentrations in excess of
the specific limitations described below wi thout first obtaining a wastewater discharge
permit. The Assistant Director of Utilities reserves the right to impose mass limitations
for each of the conventional parameters defined below.
Maximum Discharge, mg/L
Parameter
Biochemical Oxygen Demand.... ............................. ....300
Total Suspencled Solids........... ............................................. 200
Arrunonia as Ni trogen .....:...............,.......................... 52
SuI fat e.............................................................................................................. .... 22
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed
a violation of this ordinance' and subj ects . the wastewat~r discharge permittee to the
sanctions set out in this ordinance. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all Federal pretreatment standards or
requirements or with any other requirements of Federal, and local law. Augusta shall
notify industrial users concerning permit expiration at least 90 prior the expiration
date. Industrial Users have a duty to reapply for a wastewater discharge permit within 45
days of receiving the notification.
The Assistant Director of Utilities may require other users, including liquid waste
haulers, to obtain wastewater. discharge permits (as necessary) to carry out. the purposes
of this ordinance.
(a) Wastewater Discharge Permi tting: Existing SIU. Any SIU that was discharging
wastewater into the POTW prior to the effective date of this ordinance and that wishes to
continue such discharges in the future shall, within 60 days after notification by the
Assistant Director of Utilities submit a permit application to Augusta in accordance with
Section 5-3-7 of this ordinance and shall not 'cause or allow discharges to the POTW to
continue after 180 days of the effective date of this ordinance except in accordance with
a wastewater discharge permit issued by the Assistant Director of Utilities.
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(b) Wastewater Discharge Permitting: New Source and ."New user." At least 90 days
prior to the anticipated start-up, New Sources, sources that become a user subsequent to
the promulgation of an applicable categorical. pretreatment standard, and "New Users"
considered by Augusta to fit the definition of SIU, shall apply for a wastewater discharge
permit and will be required to submit to Augusta at least the information listed in
paragraphs (1)-(5) of Section 5-3-7. A New Source or "new user" cannot discharge without
first receiving a wastewater discharge permit.from Augusta. New Sources and "New Users"
shall also be required to include in their applicati.on information on the method of
pretreatment the user intends to use to meet applicable pretreatment standards. New
Sources and "New Users" shall give estimates of the information requested in paragraphs
(4) and (5) of Section 5-3-7.
(c) Wastewater Discharge Permit Application Contents. All users required to obtain
a wastewater discharge permit must submit, at a minimum, the following information. The
Assistant Director of Utilities shall approve a form to be used as a permit application.
Ca tegorical users submi tting the following information shall have complied with 40 CFR
403.12 (b).
(1) Identifying information. The user shall submit the name and
of the facility including the name of the operator and owners;
address
(2)9 Permits. The user shall subrnit a list of any environmental control permits
held by or for the facility;
(3) Description of operations. The user shall submit a brief description of
the nature, average rate .of production, and Standard Industrial Classification of the
operation(s) carried out by such Industrial User, including a list of all raw materials
and chemicals used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW; number and type of employees; hours of
operation; each product produced by type, amount, process or processes, and rate of
production; type and amount of raw materials processed (average and' maximum per day) and
the time and duration of discharges. This description should also include a schematic
process' diagram which indicates points. of discharge to the POTW from the regulated or
manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections, inspection manholes, sampling
chambers and appurtances by size, location and elevation.
(4) Flow Measurement.
a. Categorical User:
The user shall submit information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from each of the
following:
1. Regulated or manufacturing process streams; and
2. Other streams as necessary to allow use of the combined wastestream
formula of 40 CFR 403.6(e).
b. Non-Categorical User
The user shall ~ubmit information showing the measur~d average daily and
maximum daily flow, in gallons per day, to the POTW from each of the
following:
1. Total process flow, . wastewater treatment plant flow, total plant flow
or individual manufacturing process flow as required by the Assistant
Director of Utilities.
Augusta mai allow for verifiable estimates of these ~lows where justified by
cost or feasibility considerations.
(5) Measurements of pollutants~
a. Categorical User:
1. The user shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
2. In addi.tion, the user shall submit the results of sampling and
analysis identifying. the nature and concentration (or mass) where
required by the Categorical Pretreatment Standard or as required by
Augusta of regulated pollutants (including standards contained in
Sections 5-3-4 through 5-3-5, as appropriate) in the discharge from each
regulated or manufacturing process. Both daily maximum and average
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concentration (or mass, where. required) shall be reported. The sample
shall be.representative of daily operations and shall conform to sampling
and analytical procedures outlined in Section (5).
3. The user shall take a minimum of one
compile that data necessary to comply with
paragraph.
representative sample to
the requirements of this
4. Where an alternate concentration or mass limit has been calculated
in accordance wit~ 40 CFR 403.6(e) for a categorical user covered by a
categorical pretreatment standard this adjusted limit along with
supporting data shall be submitted as part of the application.
b. Non-Categorical User
1. The user shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
2. The user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass where required by
Augusta) of regulated pollutants contained in Sections 5-3-5 as
appropriate in the discharge. Both daily maximum and average
concentration (or mass, where required) shall be reported. The sample
shall be representative of daily operations and shall conform to sampling
and analytical procedures outlined in Section 5-3-9.
3. The user shall take a
compile that data necessary
paragraph.
minimum of one
to comply with
representative sample to
the requirements of this
4. Where the Assistant Director of Utilities developed alternate
concentration or mass limits because of dilution this adjusted limit
along with supporting data shall be submitted as part of the application.
(6) Certification. A statement, reviewed by an authorized representative of
the user and certified by a qualified professional as outlined in Section 5-3-7 (d),
indicating whether the applicable Pretreatment Standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance (0 and M) and/or
addi tional pretreatment is required for the user to meet the applicable Pretreatment
Standards and Requirements;
(7) Compliance Schedule. If additional pretreatment and/or 0 and M will be
required to meet the applicable Pretreatment Standards; the shortest schedule by which the
user will provide such additional pretreatment and/or 0 and M. The user's schedule shall
conform with the requirements of Section 5-3-8 (d). The completion date in this schedule
shall not be later than the compliance date established pursuant to Section 5-3-5 (h) of
this Ordinance.
a. Where the user's categorical Pretreatment Standard has been modified by a
removal allowance (40 CFR 403.7), the combined wastestream formula (40
CFR 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR
403.13) at the' time the user submits the report required by this
paragraph, the information required by paragraphs (f) and (g) of this
section shall pertairi to the modified limits.
b. If the categorical Pretreatment Standard is modified by a removal
allowance (40 CFR 403.7), the combined wastestream formula (40 CFR
403.6 (e)), and/or a Fundamentally Different Factors variance (40 CFR
403.13) after the user submits the report required by paragraphs (f) and
(g) of this section shall be submitted by the user within 60 days after
the modified limit is approved.
(8). Any other information as may be deemed necessary by the Assistant Director
of Utilities to evaluate the wastewater'discharge permit application.
Incomplete or inaccurate applications will not be processed and will be
returned to the user for revision.
(d) Signatory and Certification Requirement'. All wastewater discharge permit
applications and user reports must be signed by an authorized representative of the user
and contain the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance .wi th a
system designed to assure that qualified personnel properly gather and
21
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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."
(e) Wastewater Discharge Permit Decisions. The Assistant Director of Utilities will
evaluate the data furnished by the user and may require additional information. Within 30
days of receipt of a complete wastewater discharge permit application,' the Assistant
Director of Utili ties will determine whether or not to issue a wastewater discharge
permit. Upon a determination to issue, the Fermit shall be issued within 30 days of full
evaluation and acceptance of the data furnished. The Assistant Director of Utilities may
deny any application for a wastewater discharge permit.
(f) Wastewater Discharge Permit Contents. Wastewater discharge permits shall
include such conditions as .are reasonably deemed necessary by the Assistant Director of
Utilities to prevent pass.through or interference, protect the quality of the water body
receiving the treatment plant's effluent, protect worker health and safety, facili tate
sludge management and disposal,. and protect against damage to the POTW.
(1) Wastewater discharge permits must contain the following conditions:
a. A statement that;indicates wastewater discharge permit duration, which in
no event shall exceed five (5) years;
b. A statement that the wastewater discharge permit is non-transferable
without prior notification to and approval from Augusta, and provisions
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
c. Applicable pretreatment standards and requirements, including any special
State requirements;
d. Self~monitoring, sampling, reporting, notification, submittal of
technical reports, compliance schedules, and record-keeping requirements.
These requirements shall include an identification of pollutants to be
moni tored, sampling location, sampling frequency, and sample type based
on Federal, State, and local law;
e. Requirement for inunediate notification to Augusta where self-monitoring
results indicate non-compliance;
f. Requirement to report a by-pass or upset of a pretreatment facility;
g. Requirement for the SIU who reports non-colnpliance to repeat the sampling
and analysis and submit results to. Augusta within 30 days after becoming
aware of the violation;
h.
A statement of applicable civil,
for violation of pretreatment
applicable compliance schedule.
criminal,
standards
and administrative penalties
and requirements and any
(2) Wastewater discharge' permits may contain, but need not be limited to, the
following conditions:
a.
Limits on
discharge,
the average and/or maximum rate of discharge, time
and/or requirements for flow regulation and equalization;
of
b. Requirements for the installation of pretreatment technology, pollution
control, or construction of-appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of' pollutants into the
treatment works; .
c. Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or routine
dj,scharges;
d. Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged.to the POTW;
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e. The unit charges or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
f. Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
g. A statement that compliance with the wastewater discharge permit does not
relieve the permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit;
h. Any special agreements the Assistant Director of Utili ties chooses to
continue or develop between A~gusta and user;
i. Other conditions as deemed appropriate by the Assistant Director of
Utilities to ensure compliance with this ordinance, and'State and Federal
laws, rules, and regulations.
(g) Wastewater Discharge Permit Appeals. Any person, including the user, may
petition Augusta to reconsider the terms of a wastewater discharge permit within 30 days
of its issuance.
(l) Failure to submit a timely peti tion for review shall be deemed to be a
waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater discharge
permit provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
(4) If Augusta fails to act within 30 days, a request for reconsideration shall
be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to
issue a wastewater discharge permit, or not to lnodify a wastewater discharge permit, shall
be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint with the Richmond
County Superior Court for Augusta, Georgia.
(h) Wastewater Discharge Permit Duration. Wastewater discharge permits shall be
issued for a specified time period, not to exceed five (5) years. A wastewater discharge
permit may be issued for a period less than' five (5) years, at the discretion of the
Assistant Director of Utilities. Each wastewater discharge permit will indicate a
specific date upon which it wi~l expire.
(i) Wastewater Discharge Permit Modi fication. The Assistant Director of Utili ties
may modify the wastewater discharge permit for good cause including, but not limited to,
the following: .
(1) To incorporate any new' or revised Federal, State, or local pretreatment
standards or requirements;
(2)
processes,
issuance;
To address significant alterations or additions to the user's operation,
or wastewater volume or character since the time of wastewater discharge permit
(3) A change. in the POTW that requires 'either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to
~ugusta's POTW, Augusta personnel, or the receiving waters;
IS) Violation uf an~~erms ot conditions of the wastewater discharge permit;
(6) Misrepresentations .or fai'lure to fully disclose all relevant facts in the
wastewater discharge permi~ application or in any required reporting;
(7) Revision of or a' grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
(8)
permit; or
To correct typographical or other errors in the wastewater discharge
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(9) To reflect a transfer of the facility ownership and/or operation to a new
owner/operator.
(j) Wastewater Discharge Permi.t Transfer. Wastewater discharge permits may be
reassigned or transferred to a n~w owner .and/or operatoi only if the. permittee gives at
least 30 days advance notice to the Assistant Director of Utilities and the Assistant
Director of Utili ties approves the was tewater discharge permit transfer. The notice to
the Assistant Director of Utilities must include a written certification by the new owner
and/or operator which:
(1) States that the new owner and/or operator has no immediate intent to change
the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Ac}:nowledges full responsibility for complying with the existing wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge
permit voidable as of the date of facility transfer.
Provided that the above occurs and that there were no significant changes to the
manufacturing operation or wastewater discharge, the new owner will be considered an
existing user and be covered by the existing limits and requirements in the previous
owner's permit.
(k) Wastewater Discharge Permit Revocation. Wastewater discharge permits may be
revoked for, but not limited to, the following reasons:
(1) Failure to notify Augusta of significant changes to the wastewater prior to
the changed discharge;
(2) Failure to provide prior notification to Augusta of changed conditions;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permits application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
( 6)
records;
Refusing to allow Augusta timely access to the facility premises and
(7)
Failure to meet discharge limitations;
(8 )
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10 )
Failure to meet compliance schedules;
(11)
application;
Failure to complete a wastewater surveyor the wastewater discharge permit
(12 )
Failure to provide advance notice of the transfer of.a permitted facility;
(13) If Augusta has to invoke its emergency provision as cited in Section 5-3-13
(g) o'f' the Ordinance;
(14) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or. this ordinance.
Wastewater discharge permits shall be voidable upon .cessation. of. operations or
transfer of business ownership. . All wastewater discharge permits issued to a particular
user are void upon the issuance of a new wastewater discharge permit to that user.
(1) Wastewater Discharge 'permit Re-issuance. A user, required to have a wastewater
discharge permit, shall apply for wastewater discharge permit re-issuance by submitting a
complete wastewater discharge permit application, in accordance with Section 5-3-7 (e) of
this ordinance, a minimum of 45 days' prior to the expiration of the user's existing
wastewater discharge permit. A user, whose existing wastewater discharge permit has
expired and has submitted its re-application in the time period specified herein, shall be
deemed to have an effective wastewater discharge permit until Augusta issues or denies the
new wastewater discharge permit. A user, whose existing wastewater discharge permit has
24
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expired and who failed to submit its re-application in the time period specified herein,
will be deemed to be discharging without a wastewater discharge permit.
(m) Continuation of Expired permi t. I f on the date of expiration
permit, a new permit has not. been issued, the requirements and limitations of
permit shall continue to be effective and enforceable unless the permittee
notice of suspension, revocation and/or termination of the permit.
of a user's
the exis.ting
has .recei ved
~ 5-3-8 - REPORTING REQUIREMENTS SECTION
(a) Baseline Monitoring Reports.
(1) Within either one hundred and eighty (180) days 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 users
currently discharging to or scheduled to discharge to the POTW, shall be required to
submit to Augusta a report which contains the information listed in paragraph (2), below.
At least ninety 90 days prior to comnencement of their discharge, New Sources,. and sources
that become categorical users subsequent to the promulgation of an applicable categorical
standard, shall be required to submit to Augusta a report which contains the information
listed in paragraph 2 a-e, below. A New Source shall also be required to report the
method of pretreatment it intends to use to meet applicable categorical standards. A New
Source shall also give estimates of its anticipated flow and quantity of pollutants
discharged.
(2) Users described above shall submit the information set forth below.
a. Identifying Information. The name and address of the facility, including
the name of the operator and owner.
b. Environmental Permits. A list of any environmental control permits held
by or for the facility.
c. Description of Operations. A brief description of the nature, average
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.
d.
Flow Measurement.
maximum daily flow,
process streams and
combined wastestream.
Information showing the measured average daily and
in gallons per day, to the POTW from regulated
other streams, as necessary, to allow use of the
formula set out in 40 CFR 403.6(e).
e. Measurement of Pollutants.
1. The categorical pretreatment standards applicable to each regulated
process.
2. The results of sampling and analysis identifying the nature and
concentration (and/or mass, where required by the standard or by
Augusta) of regulated pollutants in the discharge from each regulated
process. Instantaneous, daily maximum, and long term average
concentrations (or mass, where required) shall be reported. The sample
shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in 'Section 5~3-9 of this ordinance.
3. Sampling must be performed in accordance with procedures set out in
Section 5-3-9 of this ordinance.
f. Certification. A statement, reviewed by the user's authorized
representative 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. .
g. 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. 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
Section 5-3-8 (d) of this ordinance. .
25
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h.
S~gnature and Certificat~on. All baseline-monitoring reports
signed and certified in accordance with Section 5-3-7 (d)
ordinance. .
must be
of this
(b) Final Compliance Report (Initial Compliance Report).
(1) Within 90 days following the date for final compliance by the Significant
Industrial User with applicable pretreatment standards and requirements set forth in this
ordinance, in a was tewater discharge permi 1:, or wi thin 30 days following conunencement of
the introduct~on of wastewater into the POTW by a New S6urce or "New Users" considered by
Augusta to fit the definition of SIU, the affected user shall submit to Augusta a report
containing the information outlined in Section 5-3-7(c).
(2) For users subject to equivalent mass or concentration limits established by
Augusta in accordance with procedures established in 40 CFR 403.6 (c), this report shall
contain a reasonable measure of the user's long term production rate. For all other users
subject to categorical pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation), this report shall
include the user's actual production during the appropriate sampling period.
(c) Periodic Compliance Report
(1) Any user that is required to have an industrial waste discharge permit and
performs self-monitoring shall submit to Augusta during the months of June and December,
unless required on other dates or more frequently by Augusta, a report indicating the
nature of the effluent over the previous reporting period. The frequency of monitoring
shall be as prescribed within the industrial ~aste discharge permit. At a minimum, users
shall sample their discharge at least twice per year.
The report shall include a record of the concentrations (and mass if specified in the
wastewater discharge permit) of the pollutants listed in the wastewater discharge permit
that were measured and a record of all flow measurements (average and maximum) taken at
the designated sampling locations, and shall also include any additional information
required by this ordinance or the wastewater discharge permit. Production data shall be
reported if required by the wastewater discharge permit. Both daily maximum and average
concentration (or mass, where required) shall be reported. If a user monitors any
pollutant at the location designated in the wastewater discharge permit more frequently
than required using approved analytical methods as specified in 40 CFR Part 136, the
resul ts of such monitoring shall be included in calculations and reporting of values
required during the reporting period. Such increased monitoring frequency shall also be
indicated. Augusta may require more frequent monitoring or the monitoring of other
pollutants not required in the permit by written notification.
(2) If a user sampled and analyzed more frequently than what was required by
Augusta or by this ordinance, using methodologies in 40 CFR Part 136, it must submit all
results of sampling and analysis of the discharge during the reporting period.
(3) Any user subject to equivalent mass or concentration limits established by
Augusta or by unit production limits specified in the applicable categorical standards,
shall report production data as outlined in Section 5-3-8 (b).
(4) If Augusta calculated )imits to factor out dilution flows or non-regulated
flows, the user will be responsible for providing flows from the regulated process flows,
dilution flows and non-regulated flows.
(5) Flows shall be reported on the basis of actual measurement; provided,
however, that Augusta may accept reports of average and. maximum flows estimated by
verifiable techniques if Augusta determines that an actual measurement is not feasible.
(6) Sampling shall be representative of the user's daily operations and shall
be' taken in accordance with the 'requ~rements specified in Section 5-3-9.
(7) Augusta may'- require reporting. by users that are not required to have an
industrial wastewater discharge permit if information or data is needed to establish a
sewer charge, determine the treatability of the effluent or determine any other factor
which is related to the operation and maintenance of the sewer system.
(8) Augusta may require. 'self-monitoring by the user or, if requested by the
user, may agree to perform the periodic compliance monitoring needed to prepare the
periOdic compliance report required under this section. If Augusta agrees to perform such
periodic compliance moni toring,' it may charge the user for such monitoring, based upon the
costs incurred by Augusta for the sampling and analyses. Any such charges shall be added
to the normal sewer charge and shall be payable as part of the sewer bills. Augusta is
under no obligation to perform periOdic compliance monitoring for a user.
(d) Compliance schedules for meeting applicable pretreatment standards.
26
(1) The schedule shall contain increments of progress in the form of dates for
the cormnencement and completion of major events leading to thf! 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, cormnencing construction, completing construction,
etc.) .
(2)
9 months.
No increment referred to in paragraph (I) of this section shall exceed
(3) Not later than 14 days following each date in the schedule and' the final
date for compliance, the user shall submit a progress report to Augusta including, at 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.
(e) Notification of Significant Production Changes. Any user operating under a'
wastewater discharge permit incorporating equivalent mass or concentration limits shall
notify Augusta within 2 business days after the user has a reasonable basis to know that
the production level will significantly change within the next calendar month. Any user
not providing a notice of such anticipated change will be required to comply wi th the
existing limits contained in its wastewater discharge permit.
(f) Hazardous Waste Notification.
(1) Industrial user shall notify Augusta, the EPA Regional Waste Management
Division Director, and State hazardous waste authorities in writing of any discharge into
the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under
40 CFR part 261. Such notification must include the name of the hazardous waste as set
forth in 40 CFR part 261, .the EPA hazardous waste number, and the type of discharge
(continuous, batch or other). If the industrial user discharge more than 100 kilograms of
such waste per calendar month to the POTW, the notification shall also contain the
following information to the extent such information is known and readily available to the
industrial user: an identification of the hazardous constituents contained in the wastes,
an estimation of the mass and, concentration of such constituents in the wastestream
discharged during the calendar month, and an estimation of the mass of constituents in the
wastestream expected to be discharged during the following twelve months. All
notifications must take place Hi thin 180 clays of the effective date of this rule.
Industrial users Hho conunence discharging after the effective date of this rule shall
provide the notification no later than 180 days after the discharge of the listed
characteristic hazardous waste. Any notification under this paragraph need to be
submitted only once for each hazardous waste discharged. However, notification of changed
discharges must be submitted under 40 CFR 403.12 (j). the notification requirement in
this section does not apply to pollutants already reported under the self monitoring
requirements of 40 CFR 403.12 (dl, and (e).
(2)
during a
hazardous
26l.30(d)
Users are exempt from the requirements of paragraph (f) (1) of this section
calendar month in which they discharge no more than fifteen kilograms of
wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR
and 26l.33(e), requires a one-time notification.
Subsequent months during which the user discharges more than one such
quantities of any hazardous waste do not require additional notification.
(3) In the case of any new .regulations under section 3001 of RCRA identifying
additional characteris tics. of hazardous 'Haste or listing any additional substance as a
hazardous' Haste, the industrial user must notify Augusta, the EPA Regional Waste
Management Waste Division Director, and Georgia's hazardous waste authorities of the
discharge of such substance within '90 days of the effective date of sucti regulations.
(4) In the case of any. notification made under this section, the user shall
certify that it has a program in place 'to reduce the volume and toxicity of hazardous
waste generated to the deg~ee it hisdeterinined to' be economically practical.
Such notification shall include:.
a. The name of the hazardous waste as set forth in 40 CFR Part 261,
b. The EPA Hazardous waste' number,
c. The type of discharge (continuous, batch, or other),
d. If an industrial user discharges more than 100 kilograms of such Haste
per calendar per month to the seHer system, the notification shall also
27
contain the following information to the extent it is known or readily
available to the industrial user:
1. an identification of the hazardous constituents contained in the
wastes,
2. an estimation of the mass and.concentration of such constituents in the
wastestreams discharged during that calendar month, and
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3. an estimatioti of the mass of constituents in the wastestreams expected
to be discharged during the following 12 months.
(g) Notice of potential problems, including accideI;ltal.' spills, slug loadings. Any
user shall notify Augusta immediately of all discharges that could cause problems to the
POTW, including any slug loadings, as QEdined in Section 5~3-l. The notification shall
include the concentration and volume and corrective action. Steps being taken to reduce
any adverse impact should also be noted during the notification. Any user who discharges
a "slug" (or slugs) of pollutants shall be liable for any expense, loss, or damage to the
POTW, in addition to the amount of any fines imposed on Augusta under state or federal
law.
(h) Non-Compliance Reporting. If sampling performed by a user indicates a
violation, the user shall notify Augusta within 24' hours of becoming aware of the
violation. The user shall also repeat the sampling within 5 days and submit the results
of the repeat analysis to Augusta within 30 days after becoming aware of the violation,
except the user is not required to .resample if':
(1 )
month, or
Augusta performs sampling at the user at a frequency of at least once per
(2) Augusta performs sampling at the user between the
performs its initial sampling and the time when the user receives
sampling.
time 'when the user
the results of this
(i) Notification of changed discharge. All users shall notify August prior to any
substantial change in volume or characteristics of pollutants in their discharge,
including significant manufacturing process changes, pretreatment modifications, and the
listed or characteristic hazardous wastes for which the user has submitted initial
notification under 40 CFR 403.12 (p). Formal written notification shall follow within
thirty days of such introduction.
(j) TTO Reporting. Categorical users "Ihich are required by EPA to 'eliminate and/or
reduce the levels of toxic organics (TTOs) discharged into the sewer system must follow
the Categorical Pretreatment Standards for that industry. Those users must' also meet the
following requirements:
(1) Must sample, as part of the application requirements, for all the organics
listed under the TTO limit (no exceptions);
(2) No TTOs Used at the Facility, or the user elects to develop a solvent
management plan in lieu of continuously monitoring for TTO:
a. The user must..routinely submit a certification statement as part of its
self-Inonitoring report that there has been no dumping of concentrated toxic
organic into the waste\'iater and that it is' 'implementing a solvent
management. plan as apprdved by Augusta.
(3) Reports from unpermitted Users. All users not required to obtain a
wastewater discharge permit shall provide appropriate reports to Augusta as the Assistant
Director of Utilities may require.
(k) Record Keeping. Users subj ect to the reporting requirements of this ordinance
shall retain, and make available for'inspection and copying, all records of information
obtained pursuant to any monitoring. activities required by this ordinance and any
additional records of information obtained pursuant to monitoring activities undertaken by
the user independent of such requirements. Records shall include the date, exact place,
method, and time of sampling and the 'name of the person(s) taking the samples; the dates
analyses were performed; who 'performed the analyses; . the analyt'ical'.techniques or methods
used; and the results of such analyses. These records shall remain available for a period
of at least three (3) years. This period'sha'll be automatically extended for the duration
of any litigation concerning the user or POTW, or where the 'Assistant Director of
Utilities has speCifically notified the' user of a longer retention period;
~ 5-3-9 - SAMPLING AND ANALYTICAL REQUIREMENTS
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(a) Sampling Requirements for Users.
(l) A minimum of four (41 grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. The Assistant Director of
Utilities will determine on a case-by-case whether the user will be able to composite the
individual grab samples. For all other pollutants, 24 -hoUr composite samples must be
obtained through flow-proportional composi te sampling techniques where feasible. Augusta
may waive flow-proportional composite sampl.ing for any user that demonstrates that flow-
proportional is infeasible. In such cases, samples may be obtained through time-
proportional composite sampling techniques or through a minimum of four (4) grab samples
where the user demonstrates that this will provide a representative sample of the effluent
being discharged.
(2) Samples should be taken ilrunediately downstream from pretreatment facilities
if such exist or immediately downstream from the regulated or manufacturing process if no
pretreatment exists or as determined by Augusta and contained in the user's wastewater
discharge permit. For categorical users, 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 of 40 CFR
403.6(e) in order to evaluate compliance with the Applicable Categorical Pretreatment
Standards. For other SIUs, for which Augusta has adjusted its local limits to factor out
dilution flows, the user should measure the flows and concentrations necessary to evaluate
compliance with the adjusted pretreatment standard(s).
(3) All sample results 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 from the user. If
a user sampled and analyzed more frequently than what was required in its wastewater
discharge permi t, using methodologies in 40 CFR Part 136, it must submit all results of
sampling and analysis of the discharge as part of its self-monitoring report.
(b) Analytical Requirements, All pollu tant analyses, including sampling techniques,
shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless
otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 'Part
136 does not contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures approved by the EPA.
(c) Augusta Monitoring' of User's Wastewater. Augusta will follow the same
procedures as outlined in Sections 5-3-9 (a) and (b). Additionally, industrial users must
ensure that appropriate monitoring devices and methods consistent with approved scientific
practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of moni tored discharges. The devices shall be installed,
calibrated, and maintained to ensure that the accuracy of the measurements are consistent
wi th the accepted capabili ty of that type of device. Flow moni toring devices shall be
capable of measuring flows with a less than 10% error from true discharge rate throughout
the expected discharge volumes.
5 5-3-10 - COMPLIANCE MONITORING
(a) Inspection and Sampling. Augusta shall have the right to enter the facilities
of any user to ascertain whether the purpose of this ordinance, and any wastewater
discharge permit or order issued hereunder, is being met and whether the user is complying
.with all requirements thereof. Users 'shall allow the Assistant Director of Utilities
ready access to all parts of the premises for the purposes of inspection, sampling,
records examination and copying, and the performance of any additional duties.
(1) Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall make necessary
arrangements wi th its securi ty guards so. that, upon presentation of sui table
identification, the Assistant Director of Utilities will be permitted to enter without
delay for the purposes of performing specific responsibilities.
(2) The Assistant Director of Utilities shall have the right to set up on the
user's property, or requi're installation of, such devices as are . necessary to conduct
sampling and/or metering of the user's operations.
(3) Any temporary or permanent obstruction to safe and easy access
facility to be inspected and/or sampled shall be promptly removed by the user
written or verbal request of the .Assistant Director of Utilities and shall
replaced. The costs of clearing Buch access shall be born b~ the user.
to the
at the
not be
(4) Unreasonable delays in allowing the Assistant Director of Utilities access
to the user's premises shall be a violation of this ordinance.
(b) Monitoring Facilities. Each user shall provide and operate at its own expense a
monitoring facility to allow inspection, sampling, and flow me'asurements of each sewer
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discharge to Augusta. In cases where no metering device is installed to measure process
flow discharged to the POTW, surcharges and compliance shall be based upon water
consumption metering devices. If water is obtained from sources other than Augusta
Utilities Department, sewer flow must be measured with a continuous metering device
approve<;i by the Assistant Director of Utilities. Each monitoring facility shall be
si tuated on the user's premises, except where 'such a location would be impractical or
cause undue hardship on t~e usei, AugGsta may ~oncur ~ith the facility being constructed
in the public street or sidewalk' area, pr'o'viding that the facility is located so that it
will not be obstructed by landscaping or parked vehicles. The Assistant Director of
Utilities, whenever applicable, may required the construction and maintenance of sampling
facilities at other locations ,(for example, at the end of a manufacturing line, wastewater
treatment system).
There shall be ample room in or near such sampling facility to allow accurate sampling and
preparation of samples for analysis. The facility, sampling, and measuring equipment
shall be maintained at all times in a safe and proper operating condition at the expense
of the user. All monitoring facilities shall be constructed and maintained in accordance
with all applicable local construction standards and specifications. The Assistant
Director of Utilities may require the user to install monitoring equipment as necessary.
The user at its own expense shall maintain the facility's sampling and monitoring
equipment at all times in a safe and proper operating condition. The permittee must
ensure that appropriate monitoring devices and methods consistent with approved scientific
practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges. The devices shall be installed,
calibrated, and maintained .to ensure that the accuracy of the measurements are consistent
wi th the accepted capability of tha t type of device. Flow moni toring devices shall be
capable of measuring flows with a less than 10% error from true discharge rate throughout
the expected diSCharge volumes. The Assistant Director of Utilities may require the
permittee to ensure service and calibration is performed on all monitoring equipment by
the manufacturer at least annually.
(c) Search Warrants. If the Assistant Director of Utilities has been refused access'
to a building, structure or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this ordinance, or that there
is a need to inspect as part of a routine inspection program of Augusta designed to verify
compliance with this ordinance or any wastewater discharge permit or order issued
hereunder, or to protect the overall public health, safety and welfare of the community,
then the Assistant Director of Utilities shall seek issuance of a search and/or seizure
warrant from the Richmond County Superior Court or other court of competent jurisdiction.
Such warrant shall be served at reasonable hours by the Assistant Director of Utilities in
the company of a uniformed law enforcement officer of Augusta.
(d) Vandalism. No pers'on shall willfully or negligently break,
uncover, deface, tamper with, or prevent access to any structure,
equipment, or other part of the POTW. Any person found in violation of
shall be subject to the sanctions set out in this ordinance.
damage, destroy,
appurtenance or
this ~equirement
~ 5-3-11 - CONFIDENTIAL INFORMATION.
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permi ts, and monitoring programs, and from Augusta
inspection and sampling activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate to the satisfaction of
Augusta, that the release of such' information would divulge information, processes or
methods of production entitled to 'protectionas trade secrets under applicable State law.
When requested and demonstrated by the user furnishing a report that such information
should be held confidential, 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 immediately upon request' to governmental agencies for uses related to the
NPDES program or pretreatment program, and in. enforcement proceedings involving the person
furnishing the report. Wastewaterconsti tuents and characteristics and other "effluent
data" as defined by 40 CFR 2.302 will not be recognized as confidential information and
will be available to the. public without restriction.
5 5-3-12 -.PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE
Augusta shall publish annually, in the largest daily newspaper published in Augusta, a
list of the users which, during the-previous 12 months, were in significant non-compliance
with applicable pretreatment standards and requirements. The term significant non-
compliance shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in
which 66% or more of wastewater measurements' taken during a 6-month period exceed the
daily maximum limit or average limit for the same pollutant parameter by any amount;
]()
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(b) Technical Review Criteria (TRC) violations, defined here as those in which 33%
or more of wastewater measurements taken for each pollutant parameter during a 6 month
period equals or exceeds the product of the daily maximum limi t or the average limit
multiplied by the applicable criteria 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for
all other pollutants except pH;
(c) Any' other discharge violation that Augusta believes has cause.d, alone or in
combination with other discharges, interference or pass through (including endangering the
health of Augusta personnel or the general public);
(d) Any discharge of pollutants that has caused imminent endangerment to the public
or to the environment, or has resulted in Augusta's exercise of its emergency authority to
halt or prevent such a discharge;
(e) Failure to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(f) Failure to provide within 30 days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical pretreatment
standard deadlines, periodic self-monitoring reports, and reports on compliance with
compliance schedules; .
(g) Failure to accurately report non-compliance; or
(h) Any other violationls) which, Augusta determines will adversely affect the
operation or implementation of the local pretreatment program.
5 5-3-13 - ADMINISTRATIVE ENFORCEMENT REMEDIES
la) Notification of Violation. When the Assistant Director of Utilities finds that
a user has violated lor continues to violate) any provision of this ordinance, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, the Assistant Director of Utilities may serve upon that user a written
Notice of Violation. Within 30 days of the 'receipt of this notice, an explanation of the
violation and a plan for the satisfactory correction and prevention -. thereof, to include
specific required actions, shall be submitted by the user to the Assistant Director of
Utilities. Submission of this plan in no way relieves the user 'of liability for any
violations occurring before or after receipt of the Notice of Violation. Nothing in this
section shall limit the authority of Augusta to take any action, including emergency
actions or any other enforcelnent action, without first issuing a Notice of Violation.
(b) Consent Orders. The Assistant Director of Utilities may enter into Consent
Orders, assurances of voluntary compliance, or other similar documents establishing an
agreement with any user responsible for non-compliance. Such documents will include
specific action to be taken by the user to correct the non-compliance within a time period
specified by the document. Such documents shall h~ve the same force and effect as the
administrative orders issued pursuant to Sections 5-3-13 (d) and (el of this ordinance and
shall be judicially enforceable. Use of Consent Order shall not be a bar against, or
prerequisite for, taking any other action against the user.
lc) Show Cause Hearing. The Assistant Director of Utilities may order a user which
has violated or continues' to violate, any provision of this ordinance,. a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, to appear before the Assistant Director of Utilities and show cause why the
proposed enforcement action should not be taken. Notice shall be served on the user
specifying the time and place for the meeting, the proposed enforcement action, the
reasons for such action, and a request' that the user show cause why the proposed
enforcement action should not be taken .... The' notice of the meeting shall be served
personally or by registered or certified' inail (return receipt requested) at least 30 days
prior to the hearing. Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against,' or prerequisite for, taking any
other action against the user.
ld) Compliance Orders. When .the Assistant Director of Utilities finds that a user
has violated or continues to violate any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or' any. other pretreatment standard or
requirement, the Assistant Director of Utilities may issue an order to the user
responsible for the discharge :directing that the user come into compliance within a time
specified in the order. If' the user. does. not corne into compliance within the time
specified in the order, sewer service may be discontinued unless adequate treatment
facilities, devices, or other related appurtenances are installed and properly operated.
Compliance orders may also contain either requirements to address the non-compliance,
including additional self-monitoring, and management practices designed to minimize the
amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be
a bar against, or a prerequisite for, taking any other action against the user.
31
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(e) Cease and Desist. When the Assistant Director of Utilities finds that a user
has violated (or continues to violate) any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, or that the user's past violations are likely to recur, the Assistant
Director of Utilities may issu~ an order to the user directing it to cease and desist all
such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action-against the user.
(f) Administrative fines
(1) When the Assistant Director of Utilities finds that a user has violated or
continues to violate any provision of this ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment' standard or requirement, the Assistant
Director of Utilities may fine such user in an' amount not to exceed $1,000.00. Such fines
shall be assessed on a per violation, per day basis. In the case of monthly or other
long-term average discharge limits, fines shall be assessed for each day during the period
of violation. .
(2) Unpaid charges, fines, and penalties shall, after 15 calendar days, be
assessed an additional penal ty of 10% of the unpaid balance. I f the user has been
disconnected for 30 days and settlement of the account has not been made the user will be
reported to the health department as a possible health hazard and the account will be
finalized and turned over to collections. Services will not be restored until the
outstanding balance has been satisfied.
(3) Users desiring to dispute such fines mus t file a written request for the
Assistant Director of Utilities to reconsider the fine along with full payment of the fine
amount within 30 days of being notified of the fine. Where a request has merit, the
Assistant Director of Utilities shall convene a hearing on the matter within 30 days of
recei ving the reques t from the user. In the event the user's appeal is successful, the
payment, together with any interest accruing thereto, shall be returned to the user.
Augusta may add the costs of preparing administrative enforcement actions, such as notices
and orders, to the fine.
(4) Issuance of an administrati.ve fine shall not be a bar against, or a
prerequisite for, taking any other action against the user.
(g) Emergency Suspensions. The Assistant Director of Utilities may immediately
suspend a user's discharge (after informal notice to the user) whenever such suspension is
necessary to stop an actual or threatened discharge, which reasonably appears to present,
or cause an imminent or substantial endangerment to the health or welfare of persons. The
Assistant Director of Utilities may also immediately suspend a user's discharge (after
notice and opportunity to respond) that threatens to interfere with the operation of the
POTW, or which presents or may present .an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user's. failure to immediately comply
voluntarily with the suspension order, the Assistant Director of Utilities shall take such
steps as deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving stream, or endangerment to any
individuals. The Assistant Director of Utilities shall allow the user to recommence its
discharge when the user has demonstrated to the satisfaction of Augusta that the period of
endangerment has passed, unless the termination proceedings in Section 5-3-13 (h) of this
ordinance are initiated against. the user. .
(2)
presenting
causes of
occurrence,
termination
,
A user that is responsible, in whole or in part, for any discharge
imminent endangerlnent shall submit a detailed written statement, describing the
the harmful contribution and the' measures taken to prevent any future
to the Assistant Director of Utilities prior to the date of any show cause or
hearing under Sections 5-3-13 (c) and (g) of this ordinance.
Nothing in this section shall be interpreted. as. requiring a hearing prior to any emergency
suspension under this section.
(h) Termination of Discharge
Section 5-3-7 of this ordinance,
subject to discharge termination:
(Non-Emerqency) . In addition to the
any user that violates the following
provisions
conditions
in
is
32
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(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately
characteristics of its discharg~;
the
report
constituents
wastewater
and
(3) Failure to report significant changes in operations or wastewater volume,
constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the user's' premises for the purpose of
inspection, monitoring or sampling; or
(5)
ordinance.
Violation of the pretreatment standards in Sections 5-3-4 and 5-3-5 of this
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 5-3-13 (c) of this ordinance why the proposed
action should not be taken. Exercise of this option by Augusta shall not be a bar to, or
a prerequisite for, taking any other action against the user.
5 5-3-14 - JUDICIAL ENFORCEMENT REMEDIES
(a) Inj uncti ve Relief. When the Assis tant Director of Utili ties finds that a user
has violated (or continues to violate) any provision of this ordinance, a wastewater
discharge permit, or order issued hereunder, or any other pretieatment standard or
requirement, the Assistant Director of Utilities may petition the Richmond County Superior
Court through Augusta's Attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance of .the wastewater
discharge permit, order, or other requirement imposed by this ordinance on activities of
the user. Augusta may also seek such other action as is appropriate foi legal and/or
equi table relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(b) Civil Penalties
(I) A user which has violated or continues to violate any provision of this
ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall be liable to Augusta for a maximum civil
penalty of $1,000 per violation, per day. In the case of a monthly or other long-term
average discharge 1 imi t, penal ties shall accrue for each day during the period of the
violation.
(2) The Assistant Director of Utilities may recover reasonable attorneys' fees,
court costs, and other expenses associated with enforcement activities, including sampling
and monitoring expenses, and the ~ost of any actual damages incurre~ by Augusta.
(3) In determining the amount of civil liability, the Court shall take into
account all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration, any economic benefit gained through
the user's viola tion, corrective .actions. by the user, the compliance. history of the user,
and any other factor as justice Iequir~s.
(4) Filing a suit (or civil penal ties shall not be a bar against, or a
prerequisite for, taking any other action again~t a user.
(c) Criminal Prosecution
(1) A user which has willfully .or negligently violated any provision of this
ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than $"1,000.00 per violation, per day, or imprisonment
for not more than six months or bo"th.
(2) A user which has willfully or negligently introduced any substance into the
POTW which causes personal injury or property damage shall, upon conviction, be guilty of
.a misdemeanor and be subject to a penalty of at least $1,000.00 per day and/or be subject
to imprisonment for not more than 'six months. This penalty shall be in addition to any
other cause of action for persona~~njury Dr property damage available under State law.
(3) A user which knowingly made any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed, or
required to be maintained, pursuant to this ordinance, wastewater discharge permit, or
order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate
any monitoring device or meth6d required under this ordinance shall, upon conviction, be
33
punished by a fine of not more than $1,000.00 per violation per day, or imprisonment for
not more than six months, or both.
(4) In the event of ~ second conviction, a user shall be punished by a fine of
not more than $1,000.00 per violation per day, or imprisonment for not more than six month
or both. Remedies Non-exclusive. The provisions in Sections 5-3-9 through 5-3-15 of this
~rdinance are not exclusive remedies. Augusta reserves the right to take any, all, or any
combination of these actions against a non-compliant user. Enforcement of pretreatment
violations will generally J)e in accordance with Augusta's enforcement response plan.
However, Augusta reserves' the right. to take other action against any user when the
circumstances warrant. Further, Augus ta is empowered to take more than one enforcement
action against any non-compliant user. These actions may be taken concurrently.
5 5-3-15 - SUPPLEMENTAL ENFORCEMENT ACTION
(a) Performance Bonds. The Assistant Director of Utili ties may decline to issue or
reissue a wastewater discharge permit to any user which has failed to comply with any
provision of this ordinance, a previous wastewater discharge permi t or order issued
hereunder, or any other pretreatment standard or requirement unless such user first files
a satisfactory bond, payable to Augusta, in a sum not to exceed a value determined by the
Assistant Director of Utilities to be necessary to achieve consistent compliance.
(b) Liability Insurance. The Assistant. Director of Utilities may decline to issue
or reissue a wastewater discharge permit to any user which has failed to comply with any
provision of this ordinance, a previous wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, unless the user first
submi ts proof that it has' obtained financial assurances sufficient to restore or repair
damage to the POTW caused by its discharge.
(c) Water Supply Severance. Whenever a user has violated or continue,? to violate
any provision of this ordinance, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, water service to the user may be
severed. Service will only recommence, at the user's expense, after it has'satisfactorily
demonstrated its ability to comply.
5 5-3-16 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
(a) Upset.
(1) For the purposes of this section, "upset" means an exceptional incident in
which there is unintentional and temporary non-compliance with applicable pretreatment
standards because of factors beyond the reasonable control of the user. An upset does not
include non-compliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper .operation.
(2) An upset Bhall constitute an affirmative defense to an action brought for
non-compliance with app~icable pretreatlnent standards if the requirements of paragraph (3)
are met.
(3) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, . contemporaneous operating logs, or other relevant
evidence that:
a. An upset occurred. and the user can identify the cause(s) of the upset;
b. The facility was at the time being operated in a pr~d~nt and workman-like
manner ancl in c'omplia'nce with applicable opera~ion and maintenance
procedures; and
c. The user has submitted
treatment plant operator
[if this information is:
provided within 5 days}:
the following information to the POTW and
within 24 hours of becoming aware of the upset
provided orally, a written submission must be
1. A description of.. the indirect discharge and cause of non-compliance;
2. The period of non~compliance, including exact dates and times or, if
not co~rected~ the anticipated time the non-compliance is expected to
continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the non-compliance.
(4) In any enforcement proceeding, the user seeking to establish the occurrence
of an upset shall have the burden of proof.
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(5) Users will have the opportunity for a judicial determination on any claim
of upset only in an enforcement action brought for non-compliance with applicable
pretreatment standards.
(6) Users shall control production of all discharges to the extent necess~ry to
maintain compliance with applicable pretreatment standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative method
of treatment is provided. This requirement applies in the situation where, among .other
things, the primary source of power of the treatment facility is reduced, lost, or fails.
(b) Prohibited Discharge Standards. A user shall have an affirmative defense to an
enforcement action brought against it for non-compliance with the prohibitions in
Sections 5-3-4 and 5-3-5.if it can prove that it did not know, or have reason to know,
that its discharge, alone or in conjunction with discharges from other sources, would
cause pass through or interference and that either:
(1) a
compliance with
interference; or
local
each
limit
limit
exists for
directly
each pollutant discharged and the
prior to, and during, the pass
user was
through
in
or
(2 )
nature or
compliance
applicable
no local limit exists, but the discharge did not change substantially in
consti tuents from the user's prior discharge when Augusta was regularly in
with its NPDES permit, and in the case of interference, was in compliance with
sludge use or disposal requirements.
(c) Bypass.
(1) For the purposes of this section,
a. "Bypass" means the intentional diversion of wastestreams from any portion
of a user's treatment facility.
b.
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them
inoperable, or substantial and permanent loss of natural
which can reasonably be expected to occur in the absence of
Severe property damage does not mean economic loss caused by
production.
to become
resources
a bypass.
delays in
(2) A user may allow any bypass to occur which does not cause applicable
pretreatment standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not subject to
the provision of paragraphs (3) and (4) of this section.
(3)
a. If a user knows in advance of the need for a bypass, it shall submi t
prior notice to the POTW, at least 10 days before the date o~ the bypass,
if possible.
b. A user shall submit oral notice to Augusta of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the
time it becomes aware of the bypass. A written submission shall also be
provided within 5 days of the time the user becomes aware of the bypass.
The written submission shall contain a description of the bypass and its
cause; the dura'tion of the bypass, including exact dates and times, and,
if the bypass has not been'corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The POTW may waive the written report on a
case-by-case basis if the oral report has been received within 24 hours.
(4 )
a. Bypass is prohibited, and the POTW may take an enforcement action against
a user for a bypass, unless
1. Bypass was unavoidable to prevent loss of life, personal injury, or
~evere property damage;
2. There were no~easible alternatives to the bypass, such as the use
of auxiliary treatment: facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate baCk-up equipment' should have been
installed in the exercise of reasonable engineering j'udgment to prevent
a bypass \-,hich, occurred during normal periods of equipment downtime or
preventive maintenance; and
3. The user submitted notices as required under paragraph (3) of this
section.
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b.
The POTW may approve an anticipated bypass, after considering its adverse
effects, if the POTW determines that it will meet the three conditions
listed in paragraph (4) (al of this section.
5 5-3-17 - WASTEWATER TREATMENT' SURCHARGE RATES
a) All persons discharging industrial waste into the Augusta, Georgia POTW shall
be charged and assessed a surcharge, in addition to any sewer service charges. A
surcharge shall be assessed for wastewaters, discharged to the POTW, in BOD concentrations
greater than 200 mg/L and TSS concentrations greater than 200 mg/L. At the discretion of
the Augusta-Richmond County Conunission, pollutants discharged in excess of the permitted
ceiling level would be subject to enforcement actions.
b) Approved Analytical Procedure. The BOD and TSS content of industrial waste
shall be evaluated based upon the procedures outlined in 40 CFR 136 which, cites "Standard
MethodsU and regulations stated elsewhere in this Chapter.
c) Surcharge Evaluation period. An Industrial User's BOD, TSS and flow data
will be evaluated semi-annually in" conjunction with the establishment .of new surcharge
rates. When the average BOD and TSS analyses' for the six-month period indicate that the
BOD and/or TSS exceeds the typical domestic level, a new surcharge rate will be
established and imposed at the discretion of Augusta-Richmond County Commission.
Notification will be sent to the user.
d) Extraneous Flows. In the event that a metered water usage is not
indicative of the amount of discharge introduced to the POTW, a means of determining the
amount of discharge will be installed at the direction of the Assistant Director of
Utilities. All proposed discharge metering devices must be submitted for approval and
will be installed and maintained at no cost to Augusta. The Assistant Director of
Utilities may require annual proof of service and calibration of such devices.
e) Additional Meters.
1. Discharge is less than water usage. In the event that a person
discharging industrial l-Jaste into Augusta's POTW has a discharge less than his water
usage, such person can, at his option, provide a discharge metering device subject to the
Assistant Director of Utilities.' approval. This device will be installed and maintained
at no cost to Augusta. A waste characiterization study or certified engineering drawings
shall be subrnitted as proof that all process wastewaters have been segregated and is being
metered by the newly installed flow monitoring devices. An additional' charge to be
determined by the Assistant Director of Utilities will be made to cover the actual and
administrative costs of reading the meter.
2. Discharge is greater than water usage. In the event that a person
discharging industrial waste into Augusta's POTW has a discharge greater than Augusta's
water usage meter, the person shall be required to install meters that account for all
source waters i.e. wells and others.
f) Multiple Discharge Locations. In the event that a person discharging
industrial waste into Augusta's POTW through more than one outlet, his discharge Surcharge
Rate shall be established based on his highest strength discharge unless all discharges
are properly metered.' If' all discharges are properly metered, the wastewater strength
us.ed .to establish the Surcharge Rate will be computed as follows:
For BOD:
(B1 X QIl' + .(B2 X Q2) + (B3 X Q3)
Composite BOD
(01 + 02 + Q3)
Where:
Bn BOD of Dlscharge Number n
On Flow of Discharge Number n
For Suspended Solids:
(Sl X OIl + (S2 X Q2) + (S3 X Q3)
Composite TSS
(Q1 + Q2 + Q3)
3()
,
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.
Where:
,
"
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SIl Suspended Solids of Discharge Number n
Oil Flow of Discharge Number Il
~ 5-3-18 - MISCELLANEOUS PROVISIONS
~ 5-3-19 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately upon adoption
1st Reading September 17. 2002
'.l.~'
.
. .
(a) Severability. If any provision of this ordinance is invalidated by.any court of
competent jurisdiction, the remaining provisions shall not be effected and shall continue
in full force and effect.
(b) Conflicts. All other ordinances and parts of other ordinances inconsistent or
conflicting with any part of this ordinance, are hereby repealed to the extent of the
inconsistency or conflict.
day of
/kn; /Ja
Duly adopted thi
~
rJ;;1fI~
ATTEST:
Published in the Augusta Cpronicle October 17. 2002
37
2002.