|
 Home
Water
System
WasteWater
System
Rates
and Billing
Bids
Customer
Info.
Consent
Decree
Site
Map
Links
FAQ
|
Pretreatment
Program Rules and Regulations
Pretreatment
Procedures| Appeal Procedures | Compliance
Tracking
PART IV — PRETREATMENT
PROCEDURES (PERMITTING,
COMPLIANCE TRACKING, AND ENFORCEMENT)
The BOARD’s pretreatment
program consists of four major elements: the identification and categorization
of dischargers and determination of pretreatment requirements; the
issuance of permits and contracts; the tracking of dischargers to
ensure compliance with permits and contracts; and the enforcement
of all pretreatment rules and regulations. The purpose of Part IV
is to describe the procedures for meeting the requirements of the
four areas listed above. The intent of these procedures is to establish
the administrative mechanism to allow the efficient and effective
implementation of the BOARD’s "Pretreatment Program Rules and Regulations".
A. IDENTIFICATION
AND CATEGORIZATION OF DISCHARGERS AND DETERMINATION OF PRETREATMENT
REQUIREMENTS
-
Identification
of Dischargers
All dischargers
of non-domestic waste are subject to pretreatment regulations and
must be reviewed to evaluate applicability of pertinent requirements.
-
Existing
Dischargers - The primary tool for identifying existing
dischargers who may be subject to the BOARD’s pretreatment requirements
is a preliminary screening questionnaire and accompanying letter
of transmittal. The questionnaire and letter will be sent to
any known or suspected discharger who has not been categorized
as below. The function of the questionnaire is to obtain sufficient
information to determine what further action will be required
to categorize the discharger.
Should there
be no response from the recipient to the questionnaire, a second
questionnaire will be sent with a letter of transmittal detailing
the eventual consequence of non-response. Should the second
questionnaire elicit no response, the name of the discharger
will be referred for follow-up under enforcement procedures.
-
New Dischargers
- The Business License office of the City of Mobile will provide
each applicant for a business license the questionnaire card
provided by BOARD. The questionnaire card is a numbered, stamped,
self-addressed postcard containing questions relating to the
use of the BOARD’s wastewater collection and treatment system
on the back. The applicant for the business license shall complete
the card and mail it back to the BOARD.
After the completed card is
returned and the responses provided evaluated by the BOARD,
the business will either be placed in the non-significant category
or be mailed a more detailed questionnaire.
A record of all
businesses contacted and the subsequent responses will be maintained.
-
Categorization
Upon receipt of
the required information, each business will be placed into one
of the following categories for program management. Categorization
will be made in as fair and equitable manner as possible. General
guidelines for identifying category placement are given below.
Category 1
- Those businesses which have no discharge other than normal sanitary
wastewater, or whose non-sanitary discharge has no significant effect
on the BOARD’s wastewater collection and treatment system, shall
be placed in this category. The businesses so designated will not
be tracked by the BOARD but they will be maintained in the BOARD’s
inventory is case a change in status is required in the future.
For those businesses designated Category 1, no contractual arrangement
between the BOARD and discharger will be required.
Category 2I
- Businesses with wastewater discharges that do not fall under State
or Federal Industrial pretreatment guidelines; and therefore, are
not required to obtain a permit from said agencies. However, businesses,
with discharges that contain some constituent of concern to the
BOARD, or whose discharge may interfere with the operation and maintenance
of the BOARD’s wastewater collection and treatment system will be
subject to control by the BOARD. A contractual arrangement delineating
specific requirements for the discharger will be executed between
the BOARD and the discharger for all dischargers designated Category
2I. In addition, the discharger will be subject to the BOARD’s compliance
tracking program.
Category 2FS
- Businesses that prepare and/or serve food commercially and are
not required to obtain a State Indirect Discharge (SID) permit are
placed in Category 2FS. A business so categorized will be subject
to the BOARD’s compliance tracking program and monitored for oil/grease
and any other constituents that, in the Director’s judgment, may
interfere with the operation and maintenance of the BOARD’s wastewater
collection and treatment system. A contractual arrangement delineating
specific requirements for the discharger will be executed between
the BOARD and the discharger so designated.
Category 3
- Businesses that are subject to State and Federal Industrial Pretreatment
rules and regulations and are required to obtain a SID permit will
be placed in this category. Generally, in accordance with state
requirements, a business which is discharging a wastewater with
one or more of the following characteristics will be placed in Category
3:
-
the discharge
of more than 25,000 GPD of process wastewater
-
the discharge
in significant quantities of one or more of the EPA designated
categorical wastes
- the discharge in significant
quantities of a prohibited or potentially prohibited waste
Businesses placed
in this category will be permitted by the State, and will be required
to execute a contractual arrangement with the BOARD for the purpose
of providing the BOARD a means of regulating the discharge, and
will be subject to the BOARD’s compliance tracking program.
-
Monitoring
Facilities
The BOARD shall
require the Category 2I or 3 User to provide and operate, at the
user’s own expense, monitoring facilities to allow inspection,
sampling, and flow measurement of the building sewer and/or internal
drainage system. The monitoring facility shall normally be situated
in the User’s premises, but the BOARD may, when such a location
would be impractical or cause undue hardship on the user, allow
the facility to be constructed in the public street or sidewalk
area with the required, appropriate permission from the City and
located so that it will not be obstructed by landscaping or parked
vehicles. There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of samples
for analysis. The facility, sampling, and measuring equipment
shall be maintained at all time in a safe and proper operating
condition at the expense of the user. The BOARD shall provide
the monitoring facility for a category 2FS discharger at its own
expense. The monitoring facility shall normally be situated in
the right-of-way or easement area.
-
Inspection
and Sampling
The BOARD shall
inspect the facilities of any User to ascertain whether the User
is complying with all requirements and the purpose of the "Pretreatment
Program Rules and Regulations" is being met. Persons or occupants
of premises where wastewater is created or discharged shall allow
the BOARD or its representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of
their duties. The BOARD and the Approval Authority shall have
the right to set up on the User’s property such devices as are
necessary to conduct sampling inspection, compliance monitoring
and/or metering operations. Where a User has security measures
in force which would require proper identification and clearance
before entry into their premises, the User shall make necessary
arrangements with their security guards so that upon presentation
of suitable identification, personnel from the BOARD, Approval
Authority and EPA will be permitted to enter, without delay, for
the purposes of performing their specific responsibilities.
-
Determination
of Pretreatment Requirements
After the User
is placed in one of the categories previously described, requirements
for Category 2I and 3 dischargers must be determined. The BOARD
will make Category 2I requirements based on available information
and Category 3 requirements in coordination with ADEM. Effluent
limits for priority/categorical pollutants will be in accordance
with those promulgated by EPA and ADEM; unless more stringent
limits are necessary to protect the BOARD’s wastewater collection
and treatment system.
-
Appeal Procedures
for Any Pretreatment Requirement
Decisions concerning
pretreatment requirements for dischargers within the BOARD’s purview
will be made by the Director of the system. Should the discharger
object to the Director’s decision, the procedures listed below are
applicable:
-
Written notice
of the objection should be made to the Director of the Mobile
Area Water and Sewer System within thirty (30) calendar days
of notification of the requirement. The Director will reply
to the objection within 20 working days. Decisions by the Director
may be appealed to the BOARD, or to a committee that the BOARD
for the purpose of hearing such appeals may establish. Decisions
by the BOARD are final except in cases where ADEM must also
concur.
-
Any written
appeal submitted and received by the BOARD, which is not addressed
within 20 working days of receipt, or set for hearing, is considered
granted to the discharger.
-
The thirty-day
period within which the discharger can appeal may be waived
by the Director if extenuating circumstances so justify.
-
The appellant
will be given the time, date and place of the hearing, and may
present said objection in his behalf at said hearing.
-
If an appealing
discharger is a category 3 discharger (SID permit required)
the final appeal concerning issuance of the SID permit and permit
requirement(s) must be to the State agency, ADEM. The BOARD’s
recommendations must accompany the discharger’s appeal to the
State.
-
The BOARD may
conduct the hearing and take the evidence, or may designate
any of its members or any officer or employee to:
-
issue in
the name of the BOARD notices of hearings requesting the
attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
-
take the
evidence;
-
transmit
a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the
BOARD for action thereof.
-
At any hearing
held pursuant to the "Pretreatment Program Rules and Regulations",
testimony taken may be under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the
usual charges thereof.
-
After the BOARD
has reviewed the evidence, it may issue an order to the User
responsible for the discharge directing that, following a specified
time period, the sewer service be discontinued unless adequate
devices or other related appurtenances are installed on existing
treatment facilities, and such devices or other related appurtenances
are properly operated and maintained. Further orders and directives
as are necessary and appropriate may be issued.
-
Modification
of Program Requirements for Dischargers
Periodically, changes
in pretreatment requirements of existing dischargers may be appropriate.
When such changes are deemed necessary, the procedures listed below
are applicable:
-
The dischargers
will be notified in writing of the proposed change and of the
basis for the change.
-
Included in
the notice of change will be any draft permit or contractual
requirements, if appropriate.
-
The proposed
change in discharger requirements will be effective thirty (30)
days after notice. Should a discharger object to the change,
such objection must be registered with the BOARD within thirty
(30) days of receipt of the notice of proposed change.
-
The filing of
a request by the User for a permit modification does not stay
any condition of its existing contractual agreement.
- Permits and Contracts
The basis for regulating
discharges to the BOARD’s wastewater collection and treatment system
will be through SID permits and through contracts between the discharger
and the BOARD. SID permits will be issued and enforced by ADEM in
coordination with the BOARD but are not directly controlled by the
BOARD. The BOARD will execute contracts with Category 2I, 2FS and
3 dischargers. These contracts will specifically identify all pretreatment
requirements to be enforced by the BOARD that the discharger must
meet and will provide the BOARD that authority required by Federal
pretreatment regulations but not granted the BOARD under enabling
statute. Dischargers may be subject to other State and Federal pretreatment
requirements not included in the BOARD’s contract.
Should a user be required to construct
a pretreatment facility, such a requirement and a schedule for completion
of such facility will be included as an enforceable portion of the
user’s contract.
-
Contract
Application
Users required
to obtain a SID permit shall complete and file with the BOARD,
an application in the form prescribed by the BOARD. Proposed
new users shall apply at least 90 days prior to connecting to
or contributing to the BOARD’s wastewater collection and treatment
facilities. In support of the application, the user shall submit,
in units and terms appropriate for evaluation, all information
supplied to the State.
The BOARD will
evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished,
the BOARD may issue a Pretreatment Program Wastewater Discharge
Contract subject to terms and conditions required by the BOARD.
-
Contract
Conditions
Pretreatment
Program Wastewater Discharge Contracts (Contract) shall be expressly
subject to all provisions of the "Pretreatment Program Rules
and Regulations" and all other applicable regulations, user
charges and fees established by the BOARD. Contracts may contain
the following:
-
the unit
charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
-
limits on
the average and maximum wastewater constituents and characteristics;
-
limits on
average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
-
requirements
for installation and maintenance of inspection and sampling
facilities;
-
specifications
for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests
and reporting schedule;
-
compliance
schedule;
-
requirements
for submission of technical reports or discharge reports;
-
requirements
for maintaining and retaining plant records relating to
wastewater discharge as specified by the BOARD, and affording
BOARD access thereto;
-
requirements
for notification of the BOARD of any new introduction of
wastewater constituents or any substantial change in the
volume or character of the wastewater constituents being
introduced into the wastewater treatment system;
-
requirements
for notification of slug discharges;
- other conditions as deemed
appropriate by the BOARD to ensure compliance with the "Pretreatment
Program Rules and Regulations".
-
Contract Duration
Contracts shall
be issued for a specified time period, not to exceed five (5)
years. A contract may be issued for a period of less than a year
or may state the specific date of expiration. A minimum of 180
days prior to the expiration of the user’s existing contract,
the user shall apply for renewal of the contract. The terms and
conditions of the contract may be subject to modification by the
BOARD during the term of the contract as limitations or requirements
as identified in PART 2 are modified or other just cause exists.
The user shall be informed of any proposed changes in his contract
at least 30 days prior to the effective date of the change. Any
changes or new conditions in the contract shall include a time
schedule for compliance.
- Contract Transfer
Pretreatment Program
Wastewater Discharge Contracts are issued to a specific user for
a specific operation. A wastewater discharge contract shall not
be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the
approval of the BOARD. Any succeeding owner or user shall also
comply with the terms and conditions of the existing contract.
- Confidential Information
Information and
data on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available
to the public or other governmental agency without restriction unless
the user specifically requests and is able to demonstrate to the
satisfaction of the BOARD that the release of such information would
divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
When so requested
by the person furnishing a report, the portions of a report which
might disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be made available
upon written request to governmental agencies for uses related to
the "Pretreatment Program Rules and Regulations", the NPDES, the
SID and/or Pretreatment Programs; provided, however, that such portions
of a report shall be available for use by the State or any state
agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
The BOARD shall,
not transmit to any governmental agency or to the general public
information accepted by the BOARD as confidential, until and unless
a ten-day notification is given to the User.
-
Compliance
Tracking
The purpose of the
compliance tracking program is to insure all Category 2I, 2FS and
3 dischargers are meeting the terms of their contracts. There are
four major components of the compliance tracking program.
- Self Monitoring Reports
Category 3
dischargers are required to submit a self-monitoring (DMR)
report, either monthly or quarterly, to ADEM as designated
in their SID permit. A copy of this report is to be submitted
to the BOARD so that it is received no later than the 28th
day following the monitoring period covered. Failure to submit
such report will be a breach of the executed contract and
could result in enforcement action.
Category 2I
dischargers are required to submit a monthly, self-monitoring
report, containing those parameters designated in their contract
with the BOARD, so that it is received no later than the 28th
day following the monitoring period covered. Failure to submit
such report will be a breach of the executed contract and
could result in enforcement action.
Category 2FS
discharger are not required to submit a monthly, self-monitoring
report. The BOARD does all official monitoring.
-
Compliance
Evaluation Inspections
The purpose
of compliance evaluation inspections (CEI) is to insure the
proper operation of any pretreatment facilities specified in
contracts with Category 2I, Category 2FS and Category 3 dischargers.
These inspections are a "walk-through" type and do not involve
effluent sampling. These inspections should confirm that all
required facilities are in place and being properly operated.
A CEI may be done concurrently with the compliance sampling
inspection (CSI) described below. All Category 3, 2I and 2FS
facilities will receive a CEI annually.
-
Compliance
Sampling Inspection
The purpose of
the compliance sampling inspection (CSI) is to insure that those
effluent limits specified in a discharger’s contract are being
achieved.
-
During a CSI
for Category 3 or 2I dischargers, samples will be taken from
the discharger’s effluent each month and analyzed for those
parameters contained in their Pretreatment Program Wastewater
Discharge Contract. Generally, there will be three samples
taken each month unless, in the Director’s judgment, circumstances
dictate the necessity for the collection of more or fewer
samples during a particular period of time.
-
During a
CSI for category 2FS dischargers, a grab sample will be taken
from the discharger’s effluent twice each month and analyzed
for those parameters contained in their Pretreatment Program
Wastewater Discharge Contract.
Upon being placed
on the compliance tracking program, dischargers must prove compliance.
The discharger will be sampled monthly for 3 consecutive months.
If there has been no significant non-compliance of a discharge
parameter, the discharger will be sampled only once in the next
quarter. If the discharger continues in compliance, it will be
sampled once during the following 6 months. If the discharger
is in compliance at this sampling, it will attain annual sampling
status and be scheduled for annual sampling each year as long
as compliance is maintained. If at any time, sample results indicate
a significant non-compliance situation, the discharger will be
placed on a monthly CSI schedule and shall be required to prove
compliance through the procedure described above. Results of self
monitoring may also be used in determining compliance.
Any discharger
that meets one or more of the following criteria shall be considered
in significant noncompliance:
-
Chronic
violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken
during a 6-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same parameter.
-
Technical
review criteria (TRC) violations, defined here as those
in which 33% or more of all the measurements for each pollutant
parameter taken during a 6-month period equal or exceed
the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC=1.4 for fats, oil
and grease, and 1.2 for all other parameters except pH).
-
Any other
effluent violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the control authority
determines has caused, alone or in combination with other
discharges, interference or passthrough (including endangering
the health of POTW personnel or the general public).
-
Any discharge
of a pollutant that has caused imminent endangerment to
human health, welfare, or to the environment, or has resulted
in the POTW exercising its emergency authority under paragraph
40 CFR Part 403.8(f)(l)(vi)(B) to halt or prevent such a
discharge.
-
Inspection
Summary Reports
Reports will
be maintained of all inspection results. The reports to be
generated and their disposition are shown below:
| Report
Title |
Contents
|
Disposition
|
|
CSI
|
Results
of Compliance Sampling Inspection
|
Discharger
ADEM PT File
|
|
CEI
|
Results
of Compliance Evaluation Inspection |
Discharger
ADEM PT File
|
|
Exception
|
Monthly
List of non-compliant discharger |
Wastewater
Services Engineer
|
| Annual
|
Summary
of discharger who had significant violations during the calendar
year |
Submitted
to ADEM for handling in accordance with Federal Regulations |
| |
