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View My Account 335 East Canal St.Peru, IN 46970 (765) 473-6681

Sewer Pretreatment Ordinance

ORDINANCE NUMBER 25, 2000

AN ORDINANCE OF PERU UTILITIES CONCERNING INDUSTRIAL WASTEWATER PRETREATMENT OF THE CITY OF PERU, INDIANA INCLUDING PROPERTIES SERVICED BY THE Grissom Aeroplex POTW

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Section 1 - General Provisions
1.1 Purpose and Policy
1.2 Administration
1.3 Abbreviations
1.4 Definitions
Section 2 - General Sewer use Requirements
2.1 Prohibited Discharge Standards
2.2 Abnormal Waste Surcharge - Peru POTW
2.3 Abnormal Waste Surcharge - Grissom Aeroplex POTW
2.4 National Categorical Pretreatment Standards
2.5 Local Limits - Peru and Grissom Aeroplex POTW
2.6 Utility Service Board's Right of Revision
2.7 Dilution
Section 3 - Pretreatment of Wastewater
3.1 Pretreatment Facilities
3.2 Additional Pretreatment Measures
3.3 Accidental Discharge/Slug Control Plans
3.4 Hauled Wastewater
Section 4 - Wastewater Discharge Permit Application
4.0 Permit Fees & Charges
4.1 Wastewater Analysis
4.2 Wastewater Discharge Permit Requirement
4.3 Wastewater Discharge Permitting; Existing Connections
4.4 Wastewater Discharge Permitting; New Connections
4.5 Wastewater Discharge Permit Application Contents
4.6 Application Signatories and Certification
4.7 Wastewater Discharge Permit Decisions
Section 5 - Wastewater Discharge Permit Issuance Process
5.1 Wastewater Discharge Permit Duration
5.2 Wastewater Discharge Permit Contents
5.3 Wastewater Discharge Permit Appeals
5.4 Wastewater Discharge Permit Modification
5.5 Wastewater Discharge Permit Transfer
5.6 Wastewater Discharge Permit Revocation
5.7 Wastewater Discharge Permit Reissuance
5.8 Regulation of Waste Received from Other Jurisdictions
Section 6 - Reporting Requirements
6.1 Baseline Monitoring Reports
6.2 Compliance Schedule Progress Reports
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
6.4 Periodic Compliance Reports
6.5 Reports of Changed Conditions
6.6 Reports of Potential Problems
6.7 Reports from Unpermitted Users
6.8 Notice of Violation/Repeat Sampling and Reporting
6.9 Notification of the Discharge of Hazardous Waste
6.10 Analytical Requirements
6.11 Sample Collection
6.12 Timing
6.13 Record Keeping
Section 7 - Compliance Monitoring
7.1 Right of Entry: Inspection and Sampling
7.2 Search Warrants
Section 8 - Confidential Information
Section 9 - Publication of Users in Significant Noncompliance
Section 10 - Administrative Enforcement Remedies

10.1 Notification of Violation
10.2 Agreed Orders
10.3 Show Cause Hearing
10.4 Compliance Orders
10.5 Cease and Desist Orders
10.6 Administrative Fines
10.7 Emergency Suspensions
10.8 Termination of Discharge
Section 11 - Judicial Enforcement Remedies
11.1 Injunction Relief
11.2 Civil Penalties
11.3 Remedies Nonexclusive
11.4 Performance Bonds
11.5 Liability Insurance
11.6 Water Supply Severance
11.7 Public Nuisances
Section 12 - Affirmative Defenses to Discharge Violations
12.1 Upset
12.2 Prohibited Discharge Standards
12.3 Bypass
Section 13- Miscellaneous Provisions
13.1 Pretreatment Charges and Fees
13.2 Public Noticing of SNC Discharges
Section 14 - Due Process
Section 15 - Severability and Construction
Section 16 - Effective Date



SECTION 1 - GENERAL PROVISION  Back to Top

1.1 Purpose and Policy  Back to Top

This ordinance sets forth uniform requirement for user of the Publicly Owned Treatment Works for the City of Peru and for the Grissom Aeroplex and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) And the General Pretreatment Regulations (40 CFR Par 403). The objectives of this ordinance are: 

  1. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; 
  2. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving water, or otherwise be incompatible with the Publicly Owned Treatment Works; 
  3. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; 
  4. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works; 
  5. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and 
  6. To enable the City to comply with the two National Pollutant Discharge Elimination System Permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. 
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 


1.2 Administration   Back to Top

Except as otherwise provided herein, the Utilities’ Superintendent shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other City Utilities personnel. 


1.3 Abbreviations   Back to Top

The following abbreviations, when used in this ordinance, shall have the designated meanings: 

BOD5 - Biochemical Oxygen Demand - 5 Day 

CFR - Code of Federal Regulations 

COD - Chemical Oxygen Demand 

EPA - U.S. Environmental Protection Agency, Washington DC 

EPA Reg. V - U.S. Environmental Protection Agency, Chicago, Illinois 

FOG - Fats, Oil and Grease 

gpd - gallons per day 

IAC - Indiana Administrative Code 

IC - Indiana Code 

I/I - Inflow and Infiltration (Clear Water Flow) 

IDEM - Indiana Department of Environmental Management 

IWP - Industrial Wastewater Discharge Permit 

MGD - Million Gallons per Day 

mg/l - milligrams per liter 

NPDES - National Pollutant Discharge Elimination System 

O & G - Oil and Grease 

POTW - Publicly Owned Treatment Works 

RCRA - Resource Conservation and Recovery Act 

SIC - Standard Industrial Classification 

SNC - Significant Noncompliance 

SIU - Significant Industrial User 

TSS - Total Suspended Solids 

U.S.C. - United States Code 

WDP - Wastewater Discharge Permit 


1.4 Definitions Back to Top

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meaning hereinafter designated. 

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 seq. 

Approval Authority. The Regional Administration of US EPA Region V. 

Authorized Representative of the User. 
  1. 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 ay 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 facilities employing; more than two hundred fifty (250) persons or having gross annual sales of expenditures exceeding twenty-fine (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 
  2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. 
  3. 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 their designee. 
  4. The individuals described in paragraphs 1 through 3, 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 maters for the company, and the written authorization is submitted to the Board. 
Biochemical Oxygen Demand or BOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/l). 

Board. The City of Peru Utility Service Board, or any other duly authorized officials acting on its behalf. 

Bypass. The intentional diversion of waste streams from any portion of an Industrial User’s Treatment Facility. 

Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307 (b) and (c) of 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. 

Clear Water Flow. Groundwater of precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltrations) or conduits (inflow). 

Combined Sewer. Sewer which carries both sanitary and storm water flow by design. 

Council. The Common Council of the City of Peru, Indiana. 

City. The City of Peru under the jurisdiction of the Peru City Council 

Composite Sampling. Method of sampling which weights sample volume with discharge flow rate. 

Environmental Protection Agency or EPA. The U. S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of said agency. 

Existing Source. 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. 

Fats, Oils & Greases. Non-polar oily wastes, oils from organic sources. 

Grab Sample. A sample which is taken from a waste stream and over a period of time not to exceed fifteen (15) minutes. 

Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307 (b), (c) or (d) of the Act. 

Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. 

Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’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 there under, or anymore stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, 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 solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. 

Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 

New Source. 
  1. 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 promulgated in accordance with that sections, 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 installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 
    3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extend 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. 
  2. 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, facility, or installation meeting the criteria of Section (1)(b) or (c) above by otherwise alters, replaces, or adds to existing process or production equipment. 
  3. 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 a part of a continuous on-site construction program any placement, assembly, or installation of facilities or equipment; or
    significant site preparation work including clearing, excavation, or removal of existing building, structures, or facilities 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 within 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. 
Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. 

Owner. The record owner of the property according to the assessment or transfer records in the office of the Auditor of Miami County, Indiana, whose address shall be deemed to be the mailing address of the property unless the owner has notified the business office of Peru Utilities at 335 East Canal Street, Indiana 46970, by certified mail with return receipt of a different address than that of the property. 

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 a violation of any requirement of the City’s NPDES (IN 0032328) or the NPDES for the Grissom Aeroplex POTW (IN 0024902), including an increase in the magnitude or duration of a violation. 

Person. Any individual, limited liability company (LLC), partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. 

PH. A measure of the acidity or alkalinity of a solution, expressed in standard units. 

Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity;, color, BOD5, COD, toxicity, or odor). 

Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration 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. 

Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. 

Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. 

Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. 

Publicly Owned Treatment Works or POTW. A “treatment works,” as defined by Section 212 of the Act (33 U. S. C. § 1292) which is owned by the City. 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. 

Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 

Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). 

Significant Industrial/Commercial User (SIU). 

A user subject to categorical pretreatment standards; or 

A user that: 
  1. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler lowdown wastewater); 
  2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or 
  3. Is designated as such by the Utility Services Board 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 (2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Board may at any time, on its own initiative or in response to a petition 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. 
Significant Noncompliance (SNC). For compliance provisions of the Ordinance, Significant Noncompliance (SNC) is defined as follows: 

Violations of Wastewater Discharge Limits 
  1. Chronic Violations. Sixty-six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit in a six (6) month period. 
  2. Technical Review Criteria (TRC). Thirty-three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six (6) month period.  

There are two (2) groups of TRCs:

  1. Any other violations(s) of an effluent limit (average or daily maximum) that the Superintendent believes has caused, along or in combination with other discharges, interference (e. G. slug loads) or pass-through; or endangered the health of the sewage treatment personnel or the public. 
  2. Any discharge of a pollutant which has caused imminent endangerment to human health/welfare or to the environment and resulted in the POTWs exercise of this emergency authority to halt or prevent such a discharge. 

Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date. 

Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from due date. 

Failure to accurately report non-compliance. 

Any other violation or group of violations which the Superintendent considers to be significant. 

Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance. 

Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. 

Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. 

Upset. An exceptional incident in which there is an unintentional incident and temporary noncompliance with categorical and/or permitted Pretreatment Standards because of factors beyond the reasonable control of 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 improper operation. 

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. 

User or Industrial User. A source of indirect discharge. 

Superintendent. The General Manager (Superintendent, as defined by IC8-1.5-3-5) designated by the City of Peru Utility Service Board who is (are) charged with certain duties and responsibilities by this ordinance, or a duly authorized representative. 

Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial building, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. 

Wastewater Discharge Permit. A permit issued by the City to a user of the wastewater utility which establishes specific conditions and requirements. 

Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. 


SECTION 2 - GENERAL SEWER USE REQUIREMENTS  Back to Top

2.1 Prohibited Discharge Standards  Back to Top

  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. It is acknowledged that certain contracts may exist which may be in partial conflict with this ordinance and in those cases the contract shall govern provided that NPDES compliance is not jeopardized. 
  2. Specific Prohibitions - Peru POTW. No user shall introduce or cause to be introduced into the Peru POTW the following pollutants, substances, or wastewater: 
    1. Pollutants which create a fire or explosive hazard in the collection system or POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less that 140°F (60°C) using the test methods specified in 40 CFR 261.21; 
    2. Wastewater having a pH less than 6.0 or more than 10.5, or otherwise causing corrosive structural damage to the POTW or equipment; 
    3. Any solid or viscous substances in amounts which will cause obstructions of the flow in the collection system or at the POTW resulting in interference. 
    4. 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 
    5. Wastewater having a temperature greater than 130°F (54.4°C), or 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 104°F (40°C). 
    6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; 
    7. Any water or waste containing fats, wax, grease or oils, whether emulsified or no, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F. 
    8. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW sewers including in a quantity that may cause acute worker health and safety problems. 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; 
    9. Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 3.4 or this ordinance; 
    10. Wastewater 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 impart color to the treatment plant’s effluent, thereby violating the POTW NPDES Permit; 
    11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; 
    12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent; 
    13. Sludges, screenings, or other residues from the pretreatment of industrial wastes; 
    14. Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit; 
    15. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test; 
    16. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW or in the receiving stream; 
    17. Instantaneous flows and loadings which are in excess of the capacity of the treatment facilities or are likely to cause overflow conditions are prohibited. 

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. 

  1. Specific Prohibitions - Grissom POTW. No user shall introduce or cause to be introduced into the Grissom POTW the following pollutants, substances, or wastewater: 
    1. Pollutants which create a fire or explosive hazard in the collection system or POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less that 140°F (60°C) using the test methods specified in 40 CFR 261.21; 
    2. Wastewater having a pH less than 6.0 or more than 10.5, or otherwise causing corrosive structural damage to the POTW or equipment; 
    3. Any solid or viscous substances in amounts which will cause obstructions of the flow in the collection system or at the POTW resulting in interference. 
    4. 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. 
    5. Wastewater having a temperature greater than 130°F (54.4°C), or 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 104°F (40°C). 
    6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; 
    7. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F. 
    8. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW sewers including in a quantity that may cause acute worker health and safety problems. 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; 
    9. Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 3.4 or this ordinance; 
    10. Wastewater 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 impart color to the treatment plant’s effluent, thereby violating the POTW NPDES Permit; 
    11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; 
    12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent; 
    13. Sludges, screenings, or other residues from the pretreatment of industrial wastes; 
    14. Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit; 
    15. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test; 
    16. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW or in the receiving stream; 
    17. Instantaneous flows and loadings which are in excess of the capacity of the treatment facilities or are likely to cause overflow conditions are prohibited. 

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. 



2.2 Abnormal Waste Surcharge - Peru POTW  Back to Top
  1. A. Any customer discharging abnormal industrial wastes to the public sanitary sewage system having an average total suspended solids (TSS) content in excess of 250 mg/l and/or an average of five (5) day BOD in excess of 200 mg/l, and /or an average COD in excess of 400 mg/l, and/or and average Oils & Grease concentration of 100 mg/l, and/or an average ammonia-nitrogen level in excess of 25 mg/l, and/or flows in excess of permitted levels, then the customer shall pay a surcharge based upon the excess strength of his wastes. 
  2. B. Discharges exceeding a maximum daily limit of Fats and Oils and Greases of 100 mg/l, shall be subject to fines. 
  3. C. The costs of treatment for each pound of BOD, suspended solids, Oil & Grease and ammonia-nitrogen removed by each treatment works shall be reviewed by the Utility Service Board at the end of each fiscal year. If a discrepancy exists between the actual costs as found by the Board and the estimated costs, the Approving Authority shall increase or decrease the surcharge rates sufficiently to cover only the projected actual costs for the ensuing year. 
  4. D. No reduction in sewerage service charges, fees, or taxes will be permitted because of the fact that certain industrial wastes discharged to the public sanitary sewerage system contain less than the surcharge level. 

2.3 Abnormal Waste Surcharge - Grissom Aeroplex POTW  Back to Top
  1. Any customer discharging abnormal industrial wastes to the public sanitary sewerage system having an average total suspended solids (TSS) content in excess of 300 mg/l and/or an average of five (5) day BOD in excess of 300 mg/l, and /or an average COD in excess of 400 mg/l, and/or and average Oils & Grease concentration of 100 mg/l, and/or an average ammonia-nitrogen level in excess of 25 mg/l, the customer shall pay a surcharge based upon the excess strength of his wastes. 
  2. Discharges exceeding a maximum daily limit of Fats and Oils and Greases of 100 mg/l, shall be subject to fines. 
  3. The costs of treatment for each pound of BOD, suspended solids, Oil & Grease and ammonia-nitrogen removed by each treatment works shall be reviewed by the Utility Service Board at the end of each fiscal year. If a discrepancy exists between the actual costs as found by the Board and the estimated costs, the Approving Authority shall increase or decrease the surcharge rates sufficiently to cover only the projected actual costs for the ensuing year. 
  4. No reduction in sewerage service charges, fees, or taxes will be permitted because of the fact that certain industrial wastes discharged to the public sanitary sewerage system contain less than the surcharge level. 

2.4 National Categorical Pretreatment Standards  Back to Top

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 - 471 are hereby incorporated. 
  1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). 
  2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6 (e). 
  3. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.12, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. 
  4. A user may obtain a net gross adjustment to a categorical standard in according with 40 CFR 403.15. 

2.5 Local Limits - Peru and Grissom Aeroplex POTW  Back to Top

The following pollutant limitations are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum concentrations based upon a 24-hour composite sample. Additionally, no person shall discharge wastewater containing in excess of the following maximum concentrations times a multiplier of 1.5 based upon a grab sample. The 1.5 grab sample multiplier does not apply to cyanide and phenols in that analytical procedures do not allow for composite techniques to be applied to these parameters. For cyanide and phenols, three (3) grab sample results shall be analyzed with results not to exceed the following noted limitations. 

GRISSOM AEROPLEX POTW PERU UTILITIES 
0.40 mg/l Arsenic 0.40 mg/l Arsenic 
0.4 mg/l Cadmium 0.4 mg/l Cadmium 
4.5 mg/l Chromium, Total 4.5 mg/l Chromium, Total 
3.38 mg/l Copper 3.38 mg/l Copper 
0.26 mg/l Cyanide, Total 0.5 mg/l Cyanide, Total 
100 mg/l Oil & Grease [1] 100 mg/l Oil & Grease [1] 
6.0 - 9.0 pH 6.0 - 10.5 pH 
0.28 mg/l Lead 1.145 mg/l Lead 
3.98 mg/l Nickel 3.98 mg/l Nickel 
2.0 mg/l Silver 2.0 mg/l Silver 
2.61 mg/l Zinc 2.61 mg/l Zinc 
2.13 mg/l
TTO
(Total Toxic Organics) 2.13 mg/l TTO
(Total Toxic Organics) 

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances for “total” metal unless indicated otherwise. The Superintendent may impose mass limitations in addition to. Or in place of, the concentration-based limitations above. 

Upon the promulgation of the National Categorical Pretreatment Standard (NCPS) for a particular user, the said standard, if more stringent than the limitations imposed under this chapter for sources in that category, shall, when effective, immediately supersede the limitations and conditions imposed under this ordinance. The Superintendent shall notify all known affected users of the applicable permitting and reporting requirements under 40 CFR 403.12. 

[1] As an alternative to the total oil and grease limitations established by this section, the Superintendent may establish in an IWP a limitation of 100 mg/l for non-polar grease. The alternative limitation is subject to the following conditions: 

2.6 Utility Service Board’s Right of Revision  Back to Top

The Utility Service Board reserves the right to establish, by ordinance or in wastewater discharge permits, different or more stringent standards or requirements on discharges to the POTWs. It is within the Utility’s discretion to negotiate specific prohibitions on a case-by-case basis for any limitations, assuming that the POTW NPDES permit compliance is not jeopardized. It is further understood that Peru Utilities and the Grissom Aeroplex Utilities may have entered into contracts predating this ordinance which may define limitations and conditions which are different that those listed herein. In those specific cases the original contract may govern given that NPDES compliance is not jeopardized. 


2.7 Dilution   Back to Top

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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitation on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. 


SECTION 3 - PRETREATMENT OF WASTEWATER Back to Top

3.1 Pretreatment Facilities  Back to Top

Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 2.1 of this ordinance within the time limitation specified by EPA., the State, or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Utility under the provisions of this ordinance. 


3.2 Additional Pretreatment Measures  Back to Top
  1. Whenever deemed necessary, the superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewer, relocate and/or consolidate points of discharge, separate sewage waste stream from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this ordinance. 
  2. The Superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. 
  3. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 
  4. Users which operate vehicular wash facilities shall provide, operate and maintain pretreatment facilities approved by the Superintendent to control solids and preclude the discharge of toxics to the POTW. 
  5. Users which operate food preparation facilities shall provide, operate and maintain pretreatment facilities approved by the Superintendent to control the discharge of greases, fats, oils and food solids to the POTW. 

3.3 Accidental Discharge/Slug Control Plans  Back to Top

At least once every two (2) years, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following: 
  1. Description of discharge practices, including nonroutine batch discharges; 
  2. Description of stored chemicals; 
  3. Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as require by Section 6.6 of this ordinance; and 
  4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. 

3.4 Hauled Wastewater  Back to Top
  1. Wastewater haulers shall have a valid wastewater hauler discharge permit before discharging wastes to the POTW. Each permitted wastewater hauling vehicle shall prominently display a number issued by the City on both doors of the vehicle cab. Such numbers shall be removable only by destruction. 
  2. Wastewater may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate Section 2 of this Ordinance or any other requirements established by the City. 
  3. Prior to being issued a hauler discharge permit, the following conditions shall be met: 
  1. All procedures for discharging, for cleanliness, and for general sanitary operation on City property as described by the Utility shall be strictly adhered to by all wastewater haulers delivering wastewater to the designated Utility dumping station. 
  2. Wastewater from a domestic level user shall not be mixed with wastewater from an industrial user. Vehicles hauling wastewater from an industrial user shall not be used to haul wastewater from a domestic level user for disposal at the POTW. 
  3. Wastewater from an industrial user shall identify in writing the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. 
  4. In addition to remedies available to the Utility elsewhere in this ordinance, failure of a wastewater hauler to comply with the provisions set out herein shall be grounds for revocations of their hauler’s discharge permit by the Superintendent. 
  5. All hauled wastewater may be subject to sampling and analysis as may be required by the Superintendent. 

SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION Back to Top

4.0 Permit Fees & Charges  Back to Top

Each user shall pay all fees and charges which are from time to time adopted and established by the Common Council. 


4.1 Wastewater Analysis   Back to Top

When requested by the Superintendent, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the receipt of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update their information. 


4.2 Wastewater Discharge Permit Requirement  Back to Top
  1. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to Section 4.3 of this ordinance may continue to discharge for the time period specified therein. 
  2. The Superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. 
  3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 10 through 12 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. 

4.3 Wastewater Discharge Permitting; Existing Connections  Back to Top

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with Section 4.5 of this ordinance, and shall not cause or allow discharges to the POTW to continue after thirty (30) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Superintendent. When permit limitations are modified or changed to reflect a change in regulatory standards, or a change in conditions, the affected users will be issued a compliance plan which will provide a time period during which compliance must be achieved. The compliance plan will be directly reflective of the immediacy of the need for the change and reflection of the time frames presented to the Utility. 


4.4 Wastewater Discharge Permitting; New Connections  Back to Top

Any user required to obtain a wastewater discharge permit who proposed to begin or recommence discharging into the POTW must
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