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Administrative Order Issued to

Dr. XXXX

In accordance with Section 2.0603 of the Northeast Ohio Regional Sewer District (NEORSD)

Code of Regulations:

Dr. XXXX

NAME AND ADDRESS

OF PRACTICE

Administrative Order No. 0000-0000

This Administrative Order grants to Dr. XXXX the authority to discharge dental wastewater

from the above identified facility into the NEORSD’s sewerage collection and treatment system.

This authority is granted in accordance with the conditions set forth in this Administrative Order.

All discharges from the above-mentioned practice, requirements, and reports relating thereto

shall be in accordance with the terms and the conditions of this Administrative Order.

Compliance with this Order does not relieve Dr. XXXX of the obligation to comply with any

and all applicable regulations, standards, requirements, or laws that may become effective during

the term of this Administrative Order.

All dischargers to the NEORSD sewerage system must comply with all applicable laws,

regulations, standards, and requirements contained in the NEORSD Code of Regulations.

Following is the local limit for mercury under Section 1.0915 of the NEORSD Code of

Regulations:

“Except where application of the most sensitive analytical method approved under 40 CFR Part

136 for mercury in wastewater demonstrates to the District’s satisfaction that no mercury is

detectable in the user’s discharge to the System, all Industrial Users are, for the purpose of this

section, sources of mercury. All Industrial Users that are sources of mercury shall implement

Best Management Practices (BMPs), as defined under section 1.0203 of this Title of the Code of

Regulations, to minimize discharges of mercury to the System. Certain Industrial Users and/or

classes of Industrial Users identified by the District as significant sources of mercury shall

comply with District-issued administrative orders requiring submittal and implementation of

BMP plans for mercury discharge minimization. Any Industrial User that is a source of mercury

failing to implement BMPs in a manner and to an extent satisfactory to the District and/or failing

to fully comply with requirements in an administrative order shall be subject to charges as

indicated under Section 1.0924 and/or refusal of service as indicated under Section 1.0907.”

Following is the definition of an Industrial User under Section 1.0225 of the NEORSD Code of

Regulations:
“ ‘Industrial User’ – shall mean a discharger of any liquid, solid, or gaseous substance or form of

energy, or combination thereof, resulting from any process of industrial, commercial,

governmental, and institutional concerns, manufacturing, business, trade or research, including

the development, recovery and processing of natural resources, or from sources other than those

described in Section 1.0217 (Domestic Sewage).”

Following is the definition of best management practices (BMPs) under Section 1.0203 of the

NEORSD Code of Regulations:

“ ‘Best Management Practice (BMP)’ – Methods determined by the Director to be the most

effective, practical means of preventing or reducing pollution, including but not limited to:

substitution of materials; reformulation or redesign of products; modification of equipment,

facilities, technology, processes, and procedures; and improvement in management, inventory

control, materials handling or general operation of a facility.”

Administrative Orders are issued to dental care practitioners as they have been determined by the

NEORSD to be a class of Industrial Users that is a significant source of mercury into the

sewerage system. Pursuant to Section 1.0915 of the NEORSD Code of Regulations, offices

employed in practicing dental care are required to submit and implement a BMP plan as

described below.

Part One – Process/Operational Description

A. Dr. XXXX is employed in practicing dental care. The discharge from this process is regulated by

the NEORSD Code of Regulations.

Part Two – BMPs

A. The goal of the BMP plan is to maintain wastewater effluent total mercury concentrations

below 0.2 nanograms per liter (parts per trillion). Any facility discharging mercury into the

NEORSD’s sewerage system shall make reasonable progress in developing, incorporating,

and continuously improving BMPs to minimize the facility’s discharge of mercury. During

the term of this Administrative Order, implemented BMPs shall not be altered in any manner

that would be expected to result in a net increase in the overall quantity of mercury entering

the sewerage system. The NEORSD must be notified prior to any alteration of implemented

BMPs that has not been specified in the approved BMP plan.

B. Within forty-five days of the issue date of this Administrative Order, Dr. XXXX shall

develop a BMP plan and submit it to the NEORSD for review and approval. The objective

of this plan is to identify pollution prevention opportunities and implement those

opportunities that are technically and economically feasible. The plan shall include the

following.
1. A list of individuals responsible for developing, implementing, and practicing under the

BMP plan. The list must include the name of one individual designated as primarily

responsible.

2. An inventory of potential sources of mercury. The inventory shall include a description

of each potential source.

3. A description of any current and past BMPs for mercury and any information on the

effectiveness of such BMPs.

4. Identification and any technical/economical evaluation of new BMPs.

5. A schedule for implementation of economically feasible BMPs.

6. Any methods used for measuring progress towards the BMP goal and updating the BMP

plan.

Required BMPs and examples of other possible BMPs are listed in the Appendix A.

C. Dr. XXXX will be subject to periodic, unannounced monitoring by the NEORSD and will be

responsible for reimbursing the NEORSD for certain expenses associated with this

monitoring.

Part Three – Reporting Requirements

A. By March 1, of each year following issuance of the Administrative Order, Dr. XXXX shall

submit an annual report to the NEORSD. The annual report must include:

1. Any BMP plan monitoring results for the year;

2. An updated inventory of potential sources of mercury;

3. A summary of any information indicating the effectiveness of all BMPs implemented to

meet the BMP plan goal;

4. Any updates to the BMP plan;

5. Copies of any correspondence that indicates compliance, including but not limited to

hazardous waste hauling manifests or bills of lading.

B. Dr. XXXX must notify the NEORSD immediately upon occurrence of an accidental

discharge of mercury-containing material or any other slugload or spill that has potential to

enter the NEORSD’s sewerage system. Notifications are to be made to the District by

telephone at (216) 641-6000, Monday through Friday from 8:00 a.m. until 4:30 p.m., or at

any other time by telephone at (216) 641-3200.

C. Dr. XXXX must report any outage or malfunction of any pretreatment system for mercury

removal (e.g., amalgam traps, filters, screens, and/or separators) within twelve (12) hours of

discovery of such outages or malfunction.

Part Four – Violation Charges

A. Any failure to comply with this Administrative Order and/or the provisions set forth in the

NEORSD Code of Regulations may result in charges and/or damages as stipulated necessary

by the NEORSD.
Part Five – Special Conditions

A. Reopener Clause

1. This Order may be reopened and modified to incorporate any new and/or revised

requirements contained in the NEORSD Code of Regulations.

2. This Order may be reopened and modified to incorporate any new or revised

requirements resulting from the District’s reevaluation of local limits or to ensure POTW

compliance with applicable sludge management requirements promulgated by EPA (40

CFR 503).

B. Compliance Schedule

1. Dr. XXXX shall contact the NEORSD within thirty (30) days of receipt of this

correspondence to negotiate any modifications to the enclosed Administrative Order.

Pursuant to Section 5.1 of the NEORSD Code of Regulations, “Rules and Procedure for

Administrative Determinations”; failure to petition for reconsideration of the

Administrative Order within the allotted 30 days is deemed a waiver by the receiver of

any right to challenge for modification of the terms of this Administrative Order.

2. A complete BMP plan must be submitted to the NEORSD within forty-five days of the

date of issue of this Administrative Order.

3. Implementation of the BMP plan should begin as soon as possible but must be in place

within forty-five (45) days of the date of issue of this Administrative Order.

Noncompliance with any term or condition of this Administrative Order shall constitute a

violation of the NEORSD Code of Regulations. This Administrative Order shall become

effective August 10, 2009 and shall expire on March 31, 2012. Upon expiration, the

provisions of this Administrative Order shall remain in effect until a new Order is effective.

The NEORSD may reevaluate the facility prior to the expiration date of this Order; an

updated Order may be issued prior to the expiration date.

Issued this 3

rd Day of August, 2009.

Respectfully yours,

Scott C. Broski

Manager, Water Quality and Industrial Surveillance

Northeast Ohio Regional Sewer District