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HomeMy WebLinkAbout04) Title 5 Public Works · I'~'~'~.E V: PUBLIC WORKS Chapter 50. S~w~:S APPENDI~ DIAGRAMS 2 Jeffe~s~ - Publ~ Effective January 1, 1997, The "fixed fees" listed in page VI1-2 of Ordinance 90167 will be assessed to all Significant Industrial Users: Permit and Renewal Applications $500 Permit Issuance 1,000 Annual Monitoring Inspection 500 Annual Reporting 500 Total Per Year/Per Significant Industrial User Pennittee $2,500 In addition to the implementation of the above funding program, certain charges for services associated with the operation of the program will be attributed to the IU's responsible for the charges. Costs for these activities am to be evaluated on the actual expense incurred by the City. These services include the following: 1. Plan Review 2. Inspection Fees 3. Violation Investigation 4. Monitoring/Sa~mp[i_ng/Testing on Demand/Violation Procedures 5. Reviewing Construction 6. Fee for Filing Appeals 7. Hearing Costs Charges for these services will be billed directly to the Industry requiring them. In addition to the funding mechanism for the operation of the Pretreatment Enforcement Program, there is a sumharge assessed on influent waste loads discharged to the POTW in excess of the plant's influent design concentrations. This service cost is based on two (2) principles: l. The POTW is designed to treat specific waste concentrations. 2. The additional operational and maintenance costs associated with stronger waste concentrations should be paid for by the discharger of those wastes. The current surcharge rates are as follows: BOD 11 cents per pound of BOD in excess of 244 mg/l TSS 11 cents per pound of TSS in excess of 233 mg/l NH3N.51 cents per pound over 20 mg/l Be advised that in the near future the preceding costs will be raised to the following: TABLE II INDUSTRIAL WASTE TREATMENT PROGRAM FUNDING F~×ED FEES Permit and Renewal'Applications Permit Issuance Annual Monitoring Inspection Annual Reportiog Total Per Year/Pep Significant Industrial User Pe~mittee Six(6) SIU Permittees 50~ 1,000 500 50( 2:500 $15 ~(x)O Industrial User. Charges @ .523/1000 gmllons for 119,264,000 gallons Total Revenues In addition to the implementation of the above funding program, certain charges for services associated with the operation of the program will be attributed to the IU~s responsible for the charges. Costs for these activities are to be evaluated on the .gotual expense incurred by~.the City. These services include the following: 1. Plan Review· 2. Inspection Fees V.iolation Investigation 4. Monitoring/~ampling/Testing on Demand/Violation Procedures 5. Reviewing Construction 6. Fee for Filing Appeals 7. Hearing Costs Charges for these services will be billed directly to the Industry requiring them. PART C - WASTE TREATMENT SURCHARGES In addition to the funding mechanism for the operation of the Pretreatment Enforcement Program, there is 'a surcharge assessed on influent waste loads discharged to the POTW in excess of the plant's influent design concentrations. This service cost is based on two (2) principles: The POTW was designed to treat a specific waste concentration and stronger waste concentrations require additional treatment at additional cost; and The additional operation and maintenance costs associated with stronger waste concentrations that the design concentrations should be paid for by the discharger of those wastes. The basis of the wastewater treatment plant design ~las that waste stream characteristics would match the design parameters. It is reasonable to assume that if waste stream characteristics are greater than design waste concentrations, additional operation and maintenance costs will be incurred by the Control Authority treating the stronger wastewater. TheRefore, influent waste concentrations limits should be related to the plant's design influent waste concentrations. CHAPVII/90167ORD/092593 VII-2 Section 50.01 Purpose, policy, and objectives 50.02 Definitions 50.03 Prohibitions 50.04 Private sewage disposal systems 50.05 Damaging sewer equipment 50.06 Written permit required for use of public sewer 50.07 Connection to public sewer system required 50.15 Inspections 50.16 Costs and expenses of installation and connection of building sewer; indemnification 50.17 Separate building sewer provided for every building 50. t 8 Use of old building sewers with new buildings 50.19 Specifications for construction 50.20 Gravity flow of building drain to public sewer 50.21 Surface runoff or groundwater 50.22 Repair and/or replacement of existing lines 50.23 Notification of inspector 50.24 Barricades and lights around sewer excavations Prohil~ed l~g~s; ~¥~atrr~nt; Monitozin~ and Reportin~ 50.30 Discharge of stormwater and other unpolluted drainage 50.31 Prohibitions and limitations on wastewater discharges 50.32 Control of prohibited wastes 50.33 Industrial wastewater monitoring and reporting l~o~t; E~o~t Respor~e Plan 50.40 Enforcement procedures 50.41 Additional enforcement action 50.50 Sewer service charges and rate surcharges 50.51 Sewer tap fees 50.52 Billing procedure 3 4 Jet~'~onvflle - Public Works 50.60 Savings clause 50.99 Penalty Appendix: Diagrams § 80.01 PURPOSF_., POLICT AND OB/I~CTN~. This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this chapter are: (A) To prevent the introduction of pollutants into the city's wastewater treatment system which will interfere with the operation of the system or contaminate the resultant sludge; (B) To prevent the introduction of pollutants into the city's wastewater system which will pass through the system, inadequately treated into receiving waters or otherwise be incompatible with the system; (C) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and (D) To comply with 40 CFR 403, as amended. (Ord. 92-OR-66, passed 1-19-92) 80.02 For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. .~ICT. The Federal Water Pollution Control Act (PL 92-500) as amended by the Clean Water Act (PL 95-217) of 1977. ~PP~C.~tU.~PR~~7~$~'~D. Any pretreatment limit or prohibitive standard, (federal, state, or local) contained in the chapter and considered to be the most restrictive with which industrial users will be required to comply. ~PPROV~ .~lrJ~r.~O.~w/~. The Director in an NPDES state with an approved state pretreatrnent program or the Administrator of the EPA in a non-NPDES state or an NPDES state without an approved state pretreatment program. ~IUTHO~'~'~ ~/~SE/~TAT/V~ OF ~U~T~Z~ U'SE~ An authorized representative of an industrial user may be: ~ (1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation; (9.) A general partner or proprietor if the industrial user is a pannership or proprietorship, respectively; or (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. AVEBAGEMONT~lrD~SG'~A~A~ON. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily ddscharges measured during a calendar month divided by the number of daily discharges measured during that month. ~GF, w,.:,-:,~?.¥'D,~6'HA~G~LIIt4ITAT~ON. The highest allowable average of daffy discharges over a calendar week calculated as the sum of all daffy discharges measured during a calendar week divided by the number of daffy discharges measured during that week. .~ENkA,-:~-'L~J., USES. These uses include, but are not limited to domestic, municipal, agricultural, and industrial use, power generation, recreation, aesthetic, and industrial use, power generation, recreation. aesthetic enjoyment, navigation, and the preservation and enhancement offish, wildlife, and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law. BOARD OR BOARD O~'PUBL/C WOR/~. The duly appointed Board of Public Works of the city. CATEGOFJCAL /N'DUST/UA5 US~ (~q3'). A discharger that is regulated by discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1547) and which apply to specific categories as industrial users. CFR. Code of Federal Regulations. 6'/'/'Z. City shall mean the duly constituted municipal Corporation of the City of Jeffersonvffle, Indiana, the Jeffersonville Board of Public Works and/or their authorized representative. GTTY ENG'/iNK'R~ The duly appointed City Engineer of the City of Jeffersonville, Indiana, or authorized deputy, agent, or representative. CO/%,~/NED Sh'Wk,~. A sewer receiving both sewage and storm or surface water. GO. MPATI~LE POLLUTANT. BeD, suspended solids, Ph and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this city's NPDES permit for its POTW, where said works have been designed and used to reduce or remove such pollutants to the degree required by the POTW's NPDES permit. ~OA'~PO.~22:' SW2%4~LE. A composite sample should contain a minimum of eight discrete samples taken at equal time intervals over the composition period of proportional to the flow rate over the compositing period. More than the minimum number of discrete samples may be required where the wastewater loading is highly variable. C. OA'TROL AUTHORITZ. This term shall refer to the Board of Public Works, acting through the Utilities Director or authorized representative, Jeff~aonville - Publi~ Works COOl, lNG l;FAT, eac Water discharged frOm any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat. '~ .D.~II, YD.~ Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. .D. IRED'~D.i~OHA~Glil The discharge of treated or untreated wastewater directly to the waters of the State of Indiana. .DOIt4t~TIC W',~l,~t"t~. Liquid wastes from the non-commercial preparation, cooking and handling of food or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, Industrial facilities and institutions. ~. An acquired legal right for the specific use of land owned by others. /~.;1 or U.$..ENV'flfO~ PROTECTION AGe;NC'K. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized officials of the agency. ~GE. Any solid wastes from the preparation, cooking, or dispensing of food and from handling, storage, or sale of produce. ~ $,~IP~ A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. GROUArD (SIr'IF, t~.DI~D) C.-,~,I~. Garbage that is shredded to such a degree that all particles will be canied freely in suspension under the conditions normally prevailing in the sewage system, with no particle being greater than one-half inch in dimension. HOAD.12~(~ i".~N/f WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks. 1NCO_a,'IP.;tT~I.,E PO. LLUT. F~PI'. All pollutants other than "compatible pollutants" as defined in this chapter. ./N'DU$i"RI~, DZ~CHARG~..P. ERI%,I/'/'. A permit issued by the Control Authority to an industry to permit the deposit or discharge of industrial wastewater into the POTW's sanitary sewer. .I~'D./REC'/' D.I~CHARG'E. The discharge or the introduction of (non-domestic) pollutants from any source regulated under section 307(b), (c) or (d) of Federal Code 33 U.S.C. 1317, into the POTW (including holding tank waste discharged into the system). /NDD'~i"FJA~ ~ Any industrial user of the city's wastewater treatment system which is a source of "Indirect Discharge", as defined in this section. .IA'DU~FR[F~ WAS'z'.,-.'n,A~'.eac The liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes. ./NF/~ The water, together with any wastes that may be present, llowing into a drain, sewer, receptacle or outlet. ? .I/~'~1~.~. The person or persons duly authorized by the city, through its Board of Public Works, to inspect and approve the installation of building sewers and its connection to the public sewer system. .~:~2r~:m~ The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposals by the POTW in accordance with 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Greatest allowable daily discharge. .~r,~T/O,~rA~ C~'t'~O.~jC,.~ .~"T/~-~T~? ST.,~VD~. Regulations containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to a specific category of industrial users. ~T/O/~rA/.~ PO/~U'~,~V~ D/~C/-/,~(~E' .E~./T,~flB~T/OA" ,~f~2'.~;M or (I~PDE5). The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to section 402 of the Act. /~w $OU~E. 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 section. 0 & M. Operation and maintenance. .~.~SS ~OUO'"~ A discharge which exits the POTW in quantities or concentrations which, alone or with discharges from other sources, causes a violation of the POTW's NPDES permit. P.E~SO/~. Any and aH persons, including any individual, f'n'm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the state, the United States of America, or other legal entity, or theft: legal representatives, agents or assigns. The masculine gender includes the feminine, the singular includes the plural where indicated by context. p/'/. The logarithm of the reciprocal of the hydrogen ion concentration, expressed in grams per liter of solution. POr. r. UT.~8~. Any physical parametem or substance which, when discharged into the influent waters of the POTW or the waters of the state, would alter the physical, chemical, biological or radiological integrity of those waters. The term shall include, but not be limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste. POr. r.D'~/O.¥. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of 8 Jeffemonvflle - Public Works water. .R~.ETi~TA'~/~'T. The reduction of the amount of pollutants, the elimination of pollutants, or the alternation of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR Section 403.6 (d). .~.gET~_~Ti~/' ~'OO/~.D.~ITO.~ The duly appointed Pretreatment Coordinator of the city or an authorized representative. .P.~,~,~:~,F_,AT~/'.PR~ The pretreatment program adopted by the Board of Public Works to regulate industrial use of the POTW. P/~'~ T~4]~¥T~Q~. Any substantive or procedural pretreatment requirement, other than a national pretreatment standard, applicable to industrial users in accordance with 40 CFR 403.3(r). PUBL/'Cr_.,~'OW/~,~g.~ T/~_,A~ WO/~ or (POTW). A treatment works as defined by Section 212 of 33 U.S~C. 1292 which is owned in this instance by the city and managed by the Board of Public Works. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this chapter, POTWshall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. PUBL/'C S~'-'~q:~. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. .~.E~;~t~'G $~-,~'~ The watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant. ,?~r/T~T~'$ ~-.' n,,~:~. A sewer which carries sewage from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, 'storm, and surface water that are not intentionally admitted. ,,.~"WA~'. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm water as may be present. ,~(~ or $T.~N'IJ~D//VDU5~., C~.~/~AT/O/~. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. ~ or $/G~2'C~? //VDD'~T/~.,~.L D"~E~. According to 40 CFR 403.3(0, .~r.~T/~,~ u'~ is defined as: (1) Any categorical industrial user (CIU). (2) Any ether IU which: (a) Discharges 25,000 gallons per day or more of process wastewater; (b) Contributes a process wastestream making up 5% or more average dry weather hydraulic or organic capacity of the POTw; or (c) Is designated as significant by the Control Authority because it has a reasonable potential for adversely affecting the POTW's operation or for violating a pretreatment standard or requirement. .~/~A'OAt'~3OblPA/F~NU~ (.74~'(~). In accordance with 40 CFR 403.8(0 (2) (vii), an IU is in ..~'O~f~'2'C.~N'P A'OAlI~O.~ if its violation meets one or more of the following specific criteria. (I) Chronic violations of wastewater discharge 1/m/ts, defined here as those in which 66% or more of all of the measurements taken during a sn~-month period exceed (by any magnitude) the daily maxfi'num limit or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daffy maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, off, and grease, and 1.9. for all other pollutants except pH). (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-tenu average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the env/ronment or has resulted in the POTW's exercise of its emergency authority under subdivision (2) of this section to halt or prevent such a discharge; (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance: (6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring repons, 90-day compliance reports, periodic seE-monitoring reports, and repons on compliance with compliance schedules: (7) Failure to accurately report noncompliance; (8) Any other violation or group of violations which the control authority deten'rdnes will adversely affect the operation or implementation of the loca] pretreatment program. IF the PO'IW%r determines that an IU is in SNC, that user must be included on the annual publication list. · ~,UDO'-~. Any solid, semi-solid, or liquid waste generated from s municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, or any other waste having similar characteristics and effects as defined in standards issued unde: section 402 and 405 of the Federal Act and in the applicable requirements under section 3001, 3004 and 4004 of the Solid Waste Disposal Act, Public Law 94-580. !0 ~e~onv~e - Publ~ Works SLD"(~. Any single discharge episode of any toxic, conventional or non-conventional pollutant of such volume or strength as to cause interference to the POTW. ST~ ~'"IWODS. The laboratory procedures set fo~h in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. STOB/t,L.~'w,'~ or STOB/t~'D,~/N:. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. STO.~/~'I~F,~22:,~ Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom. SUSPENDED $01.4D$. Solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. TOX~ ~gOU/VT. Concentrations of any pollutant or combination of pollutants which upon exposures to any organism will cause adverse effects such as cancer, genetic mutations, and physiological manifestations as def'med in standards issued pursuant to section 307(a) of Public Law 95-217. TOX~(~ POLLUTANTS. Those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects. TSS. Total Suspended Solids. UA~OLLD~2:;/.J W. A22:,~. Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards. UP$ET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the applicable standard due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation of the facilities. USE~ Any person that discharges, causes, or permits the discharge of wastewater into the sewage system. D:~2/.g:F,~S ~D.~E~'TO~. The duly appointed Utilities Director of the city or authorized deputy, agent or representative. W~'~'h'wA2'.~. The liquid and water-carried industrial and/or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the POTW. WA,~Th'WATk~ CONSf2TU~NT5 AND ~C~IC~. The individual chemical, physical, bacteriological, and radiological parameters, including volume, flow rate, and other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater. 11 W~'~'~'~,A'z';:J~TF~F_~f,4l~NTAT~Tl:m~orSl~T~i¥1:Anydevices, facilities, structures, equipment or works owned or used by the city for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral pan of the treatment process or is used for ultimate disposal of re~,~ues resulting from such treatment. ]~'.;Izz;MCO~ A channel in which a natural flow of water occurs either continuously or intermittently. ~'~'2~'. Wastewater Treatment Plant. Terms not otherwise defined herein shall be as adopted in the latest amendment to National Pretreatment Program, 40 CFR 403. (Ord. 92-OR-66, passed 1-19-92) § 80.03 PROHIBITIONS. (A) It shall be unlawful for any person to place, deposit, or permit to be deposited in any Unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement~ garbage, or other objectionable waste. (B) It shall be unlawful to discharge to any natural outlet with the city, or in any area under the jurisdiction of the city, any sewage or other polluted Waters, except where suitable treatment has been provided in accordance with subseqUent provisions of this chapter. (C) 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) The owner of ali houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § $0.04 PP/VATE SEWAGE DISPOSAL SYSTEMS. (A) Where a public sanitary or combined sewer is not available under the provisions of § 50.07(D), the building sewer shall be connected to a private seWage disposal system complying with the provisions of this section. ~t~'-~''~ (B) Before commencement of construction of a Private sewage disposal system,the owner shall first · ' obtain a written permit signed by the Utilities Director. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and 12 Jef!b~monvffie - Publio Works other information as are deemed necessary by the Utilities Director. A permit and inspection fee of $410 shall be paid to the city at the time the application is filed. (C) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Utilities Director. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Utilities Director when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Utilities Director. (D) The type, capacities, location, and layout ora private sewage disposal system shall comply with all recommendations of the State Board of Health and the County Board of Health. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (E) At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in division (D) above, a direct connection shall be made to the public sewer within 90 days in compliance with this chapter, and any septic .tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, cleaned of sludge, and filled with clean bank-run gravel or din. (F) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city. (G) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the state or county boards of health. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 80.08 DAMAGING S~.'w.eai EQUIPMENT. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal P OTW. Any person violating this provision shall be subject to immediate arrest under charge of ctisorderly conduct. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 80.06 wru'r'r~l PEP_MIT REOUIRED FOR USE OF PUBMC No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without lust obtaining a written permit from the Utilities Director. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 80.02 CONNECTION TO PUBLIC S~w~ SYSTEM (A) The owner of all houses, buildings, or properiy used for human occupancy, employment, recreation, or other purposes, situated within the city, and abutting on any street, alley, easement, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is required at kis 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 chapter, within 90 days after the date of official notice to do so, provided that the public sewer is within 300 feet of the property line. (B) All houses not tapped into the sanitary sewer system within 30 days after written notice by the City Building Commism'oner in contravention of division (A) above shall be deemed public nuisances and shall be abatable in such manner and punishable under such penalties as are presently provided for public nuisances in the city code. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 80.111 INSPI~CTIONS. (A) There shall be two classes of building sewer inspection fees: (1) For residential and commercial service: and (2) For service to establishments producing industrial wastes. (B) An inspection fee of $25 for a residential and commercial building sewer, or $50 for an industrial zoned area sewer shah be paid to the city at the time the application for inspection is fried by the owner or his agent with the Utilities Director's office. The applicant or his agent shall also apply for a tap-in permit at such fee as is set forth in § 50.61, and which tap-in permit application is obtainable in the Utilities Director's Office. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector. Reinspections. if the initial inspection fails, shah be paid in advance to the sewer office in the amount of $15. For after-hour inspections which are requested or made after 4:00 p.m. weekdays or Saturday, Sunday, or holidays the fee will be as follows: Residential or commercial -$100: industrial - $150; and re-inspections in advance shall be $50. (Ord. 92-OR-66, passed 1-19-92) § 80.16 COSTS AND EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING INDEIVIN~'IGATION. All costs and expense incident to the installation and connection of the building sewer shall be berne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 92-OR-66, passed 1-19-92) § 80.1~/ SEPARATE Burr.DING ~:;w~ PROVIDED FOR I3'Vi:u~Y BUILDIN(I. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer 14 Jeti'eraonwflle - Public Works from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (Ord. 92-OR-66, passed 1-19-99.) § 80.18 USE OF OhD BUILDING $~:~.~ ~rrrI N~:~ BUILDINGS. Old building sewers shall not be used if connection to the previous structure has not been used within a period of six months. If, within the six-month period, an inspection of the old tap is made by the Inspector and found to be acceptable after tests are made, fees shall be paid in accordance with § 50.15 for appropriate inspection. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 80.19 SPECIFICATIONS FOR COI~TRUCTION. (A) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate W.P.C.F. Manual of Practice No. 9 shall apply. (See diagram located in Appendix to this chapter) (B) The following rules and regulations must also be adhered to: (1) All new sanitary and lilt stations shall be approved by the Utilities Director before construction; (2) Design must meet local, state and "Ten States" standards; (3) Ail construction permits must be obtained from the state before the Utilities Director will give approval; (4) The Contractor shall obtain a street cutting permit from the Utilities Director before commencing construction; (5) Preliminary plans and sketches shall be submitted to the Utilities Director so details can be worked out before any final drawings are done. A meeting between the Utilities Director, Design Engineer, City Engineer and person wanting to develop the sewers will usually be needed at this point; (6) Where gravity sewers or force main pipes will penetrate a flood wall, the design shall be in accordance with a permit shall be obtained from .PA the U.S. Army Corps of Engineers through the Jeffersonville Flood Control District; (?) A one-year maintenance period shall be included in all construction contracts; (8) Sewer pipe installation are as follows: (a) For single-farnily dwellings only: four-inch O-rings or four-inch glue joints may be accepted at the Inspector's determination based on site conditions; and (b) For two-family dwellings and up, and all commercial and industrial development: six-inch O-rings minimum. (9) All structures connected to the city sewer system shall have installed backwater valves conforming to ANSI A112.14.1 listed in Appendix A of the 1987 BOCA National Plumbing Code adopted by the State of Indiana; and (10) Location of backwater valves shall be installed so their working par~s will be readily accessible for service and repairs by the owner. Backwater valves shall be placed upstream of required cleanout Cleanout will be of the same size as the sewer line and inunediately downstream of the backwater valve. If the backwater valve is located inside the structure, the cleanout shall be located outside of the structure as per plumbing code. (C) Force mains. (1) Force main pipe material. Force main pipe shall be Polyvinyl Chloride (PVC), SDR 21, Class 200 conforming to the latest revision of ASTM 02241. (2) Pipe laying methods. (a) The force main shall have a minimum cover of three feet; (b) Thrust blocks of poured concrete shall be used at all vertical or horizontal deflection points; (c) Backfilling shall be the same as for gravity sewers; (d) At creek or stream crossings, the force main shall be encased in concrete for six feet on each side of the stream and shall not be bacldilled until inspected by the Utilities Director. A three-foot cover shall be maintained; and (e) After installation of the force main, all earth shall be seeded and strawed in acc°rdance with the specifications. (D) Site work-sanitary sewers. (1) Sewer pipe materials. (a) Gravity sewer pipe, for sizes four inches up to 12 inches, shall be polyvinyl chloride (PVC) SDR 35, meeting the requirements of ASTM D-3034 (latest revision), with O-ring type joints. (b) Gravity sewer pipe over 12-inches ~meter shall be reinforced concrete sanitary sewer pipe, Class II, meeting the requirements of ASTM C76 (latest revision), with O-ring type joints. Class III pipe shall be used under streets and roads. (2) Sewer pipe sizes. The sewer main shall be as shown on the plans. 16 Je~mor~v~le - P,~ Worlm (3) Manholes. (a) Manholes shall be precast concrete with cast-iron rung steps. Inside barrel diameter of manholes shall be four feet, cones and collars shall be provided where required on the plans. A rain/mum of two courses of brick, fully mortared so as to be watertight, shall be required between the cone and collar and the casting. Manholes shall be KOR-N-SEAL connectors. Distance between manholes shall not exceed 350 feet. (b) Manhole covers shall be cast iron confonuing Foundry Co., R- 1772-A with Type A Self Sealing machined lid. (e) Concrete for manhole bases, pavement patches and miscellaneous repairs shall be Portland Cement concrete containing five bags of cement per-cubic yard of concrete and shall achieve compressive strength of 300 psi in 28 days. (4) Pipe bedding and backfill. (a) All pipe shall be bedded on four inches and covered by 12 inches of Indiana No. 11 limestone. This provision applies to all PVC applications. (b) V~rhere pipe is installed in earth areas not immediately adjacent to a street or road, the remainder of the trench shall be backfilled with selected earth materials, which shall be humped over the trench to allow for settling. (c) Where pipe is installed in a graveled area, the remainder of the trench shall be bacldilled with bank run sand to a point eight inches below original grade and then filled with Indiana No. 73 crushed limestone to original grade. (d) Where pipe is installed in an asphalt paved area the remainder of the trench shall be backfflled with bank run sand to a point ten inches below original grade. The trench shall then be trimmed back six inches along each side and bacldilled with 3000 psi concrete to a point one inch below original grade. After all construction is complete, the trench shall be cleaned and primed and paved with hot asphalt concrete, surface type, to be flush with the surrounding area. Ail patch seams shall be saw-cut only, cut smooth and straight, and tared. (e) Where pipe is installed in a concrete area, the remainder of the trench shall be backfilled with bank nm sand to a point nine inches below original grade. The trench shall then be trimmed back six inches along each side and filled with 3000 psi concrete flush with original grade. Ail patch seams shall be saw-cut only, smooth and straight. (f) Ail cutting of trenches in existing asphalt or concrete pavements shall be done with a saw only to prov/de a straight smooth joint when new paving is done. (g) When sand backfill is used in any case, it shall be compacted by mechanical means or by jetting or puddling. (5) Infiltration. (a) Infiltration or outward leakage of any section of the constructed sewer shall not exceed 200 gallons per inch of sewer diameter per mile per day. 17 (b) Infiltration tests and pressure tests shall be conducted by the contraCtor with the assistance of the engineer. The city shall be notified when tests are to be run, 24 hours in advance. (c) Section of sewer exceeding the test limits set out in division (D) (5) (a) shall be replaced or repaired by the contractor without additional cost to the owner. (6) Property services. (a) Property serviceS shall be constructed and located as shown on the plans. (b) The contractor shall connect all laterals to the sewer main with a "Wye" fitting, not a (c) Every unused property service shall be stoppered watertight and shall be marked for future connection by typing a length of brightly colored plastic rope to the end of the property se~ice and extending the rope through the backfill to the surface of the ground. (d) The contractor shall install, as close to the house as possible, a bacldlow preventor and immediately downstream a cleanout in all installations. (7) Sheeting. The contractor shall use sheeting of the sewer trench where it passes close to a house or other structure. (8) Waste material. Waste earth material shall be disposed of by the contractor. (Ord. 92-OR-66, paSSed 1-19-92) penalty, see § 50.99 § 50.~0 GRAVITY FLOW OF BUI~ING DRAIN TO PUBLIC S~w~ Whenever possible, the building sewer shall be brought to the building at a elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain Shall be lifted by means approved by the Utilities Director and discharged to the building sewer. (Ord. 92-OR-66, passed 1'-19-92) § 50.21 SURFACE RUNOFF OR GROUNDWA'r~:;K. Aperson shall not make connection of roof downspouts, exterior foundation drains, areaway drains, or other seurees of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 50.22 I?,EPA~ AND/OR REPLACEMENT OF EXISTING LINES. All structures that repair or replace sewer lines from structure to main line of the city collector system shall bring said line to standards set forth in § 50.19 (B) and pay inspection fees in accOrdance with § 50.15. (Ord. 92-OR-66, passed 1-19-92) 18 Je~amo~ - Public Works § BO.;3 NO'£~'AOATION OP ~TSPEC?O~. The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for the inspection and connection to the public sewer, prior to back~11i,g. The connection shall be made under the supervision of the Inspector or his representative. (Ord. 92-OR-66, passed 1-19-92) § B0.~4 BAR~CADES AND MGHTS AROUND S~wr.~ EXCAVATIONS. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. The Contractor shall hold the city harmless and shall sign an agreement to that effect as to any losses resulting from excavations. (Ord. 92-0R-66, passed 1-19-92) PROI~Bi'~'t~U DI~RG'E~; TRF~; MONITORING ~ND RI:~OR~G § 80.30 DISCHARGE OF STOENN~A'rrm AND OTh~a~ UNPOLLU'A*:,, DP, AINAGE. (A) A person shall not discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (B) Stonnwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Utilities Director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Utilities Director, to a storm water, combined sewer, or natural outlet, providing d/scharge complies with federal and state requirements. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 80.31 PROHIBITIONS AND LIMITATIONS ON WAS'A'~wA'A'~:~ DISCHARG'ES. (A) No person shall discharge or cause to be discharged, directly or indirectly, any of prohibited d/scharges noted in 40 CFR 403.5 and 403.6, including, but not limited to any wastewater containing the following: (1) Offs and grease: (a) Oil and grease concentrations or amounts from industrial facilities violating federal pretreatment standards. (b) Total fat, wax, grease or oil concentration of more than 100 rog/l, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32 ° and 150° F. (0° and 65° C.) at the point of discharge into the system. (2) Temperature. Any liquid or vapor having a temperature higher than 150 ° F (65° C) or would cause the irdluent to the WW'~'P to be higher than 104° 1~ (40° C). (3) Explosive mixtures. Liquids, 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 CFR 403.5(b)(1), the discharge of substances which create a fire or explosive hazard in the treatment works is prohibited. Wastestreams with a closed-cup flashpoint of less than 140° F or 60° C (using the test methods specified in 40 CFR 261.21) are also prohibited. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewer syster~ be more than 5% nor any single reading over 10% of the Lower Explosive Limit (1.E.1.) of the meter. Prohibited mater~ include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, eylene, ethers, alcohols, ketches, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. (4) Noxious matezials. Noxious or malodorous solids, liquids or gases, gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance ox hazard to life~ or are or may be sufficient to prevent entry into a sewer for its maintenance and repair. (5) Improperly shredded garbage. Garbage that has not been ground or commmuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prewiliug in the public sewers, with no particle greater than one-half inch 'in any dimensions. (6) Radioactive wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards tc the sewage facilities or personnel operating the system. (7) Solid or viscous wastes. Solids or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater treatment system. Prolgbited materials include, but are not limited to~ grease~ uncomminuted garbage, animal guts or tissues, paunch rmmuure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders. sand, spent lime~ stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, paper dishes, cups and milk container~, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding er polishing wastes, and similar substances. (8) .Excess/va discharge rate. Wastewaters at a flow rate or containing such concentrations or quantities of pollutants that exceeds for any time period longer than 15 minutes more than five times the average ~.4-hour concentration~ quantities or flow during normal operation and that would cause a treatment process upset and subsequent loss of treatment efficiency. In accordance with 40 CFR 403.5(b) (4), the discharge of any pollutant, including oxygen-demanding pollutants [such as Biochemical Oxygen Demand (BOD)] released in a discharge at a flow rate or pollutant concentration which will cause inter£erence, is prohibited, regardless of whether they fall within the excessive discharge rate specified in this section. (9) Toxic substances. Any toxic substances in amounts exceeding standards promulgated by the Administrator o! the United States Environmental Protection Agency pursuant to section $07(a) of the Act, and chemical elements or compounds, phenols or other taste or odor-producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the wastewater treatment system, or that will pass through the system. 20 Je~ten~mn~e - ~ Worl~ (10) Unpolluted waters. Arty unpolluted water including, but not limited to, water from cool~g systems, storm water, roof runoff, cellar drainage of groundwater origin, or any industrial process water, which will increase the hydraulic load on the treatment pt:ocess. (11) Discolored material. Wastes with objectionable color not removable by the waste treatment process. (12) Corrosive wastes. Any waste which will cause corrosion or deterioration of the treatment system. All wastes discharged to the public sewem system must have a pH value in the range of 6 to 9 standard units. Prohibited materials, include, but are not limited to acids, sulfides, concentrated chloride and fluoride compounds and substances which will react to form acidic products. (13) Miscellaneous substances. Any substance which may cause the POTW's effluent or any other product of the POTw to be unsuitable for reclamation and reuse or to inte~ere with the reclamation process where the POTW is pursuing a reuse and reclamation program. This also applies to any substance that will cause the POTw to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards. (14) Hazardous substances. Any substance which causes a hazard to human life or creates a public nuisance. (15) Trucked/hauledwastes. In accordance with 40 CFR 403.S(b) (8), the discharge ofany hauled or trucked pollutants is prOhibited, except at points designated by the Control Authority. (B) Limitations on wastewater discharges. The Board of Public Works shall establish and enforce specific maximum discharge concentrations in accordance with 40 CFR, Section 403.5 (c) (1). These limits shall be included in the industrial discharge permits. (C) Federal categorical pretreatment standard. The National categorical pretreatment standards, located in 40 CFR Chapter I, subchapter N, Parts 405-471, are hereby incorporated into this chapter. National Categorical Pretreatment Standards as promulgated by the U.S. Environmental Protection Agency shall be met by all dischargem of the regulated industrial categories if they are more stringent than state or local standards. Discharge standards are required to be met at the point of discharge from the industrial system prior to mixing with any other user waste stream. Industrial users are required to comply with ail applicable requirements of the categorical standards, including the £fling of baseline monitoring reports, compliance reports, and self-monitoring reports. Upon any change in the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that suboategory, shall immediately supersede the limitations imposed under this chapter. The Utilities Director shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. (D) Testing. The Board of Public Works shall establish and enforce specific testing and reporting programs for industrial users discharging to the POTW in accordance with 40 CFR 403. t2. (E) Pretrestment. The Board of Public Works shallimplement and enforce compliance with adopted pretreatment programs required under 40 CFR 403.8. (F) Prohibitation against dilution as treatment. In accordance with 40 CFR 403.6(d), dilution as a partial or complete substitute for adequate treatment to comPly with a pretreatment standard or requirement is prohibited unless expressly authorized by an applicable standard or requirement. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 50.S~ CONTROL OF PROI-I~rr~u WASTES. (A) Regulatory actions. Ii' a user is in significant violation with the applicable pretreatment requirements of this chapter, the Utilities Director and the City Attorney may take any action necessary to: (1) Prohibit the discharge of such wastewater. (2) Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this chapter. (3) Require preireatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations. (4) Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this chapter. (B) Submission of plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data on information relating to such pretreatment or flow-control facilities shall be submitted to the Utilities Director for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, Ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Utilities Director. (C) Pretreatment facilities operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws. (D) Admission to property. Whenever it shall be necessary for the purposes of these rules and regulations, the Utilities Director and/or his authorized deputy, agent or representative and/or State and Federal EPA representatives, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of copying any records required to be kept under the provisions of this chapter, inspecting any monitoring equipment or method, and sampling any discharge of wastewater to the treatment works. The Utilities Director or his authorized deputy, agent or representative may enter upon the property at any hour under emergency circumstances. The city does not have to give prior notice to the industry of an unscheduled inspection. In accordance with 40 CFR 403.8 (f)(1 ) (v), the city representatives have the legal authority to carry out inspections, Surveillance, and monitoring to determine compliance or noncompliance with applicable pretreatment standards and requirements by IUs. The city representatives also have the authority to inspect all areas of an IU's facility including process areas, areas with floor drains, chemical storage areas, hazardous waste 22 J~emonv~le - Publ~ Works generation and storage areas, pretreatment systems, connections to the sewer, areas where waste hauling and production take place, and areas where effluent monitoring records are kept. Further, they have the authority to obtain information on all raw products used within the facility, both in the industrial processes, and for other uses. (E) Work on private property. W~dle performing the necessary work on private properties, city employees shall observe all safety rules applicable to the premises established by the industry and the industry shall be held harmless for injury or death to city employees. The city shall indemnify the industry against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the industry and growing out of the inspection and sampling operations, except as such may be caused by negligence or failure of the Industry to maintain safe conditions. The Utilities Director and/or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the easement pertaining to the private property involved. (F) Development o£slug/spill plan. According to 40 CFR 403.8(f)(2)(v), each industrial user shall develop a slug discharge control plan which outlines discharge practices (including nonroutine batch discharges); describes stored chemicals; and contains procedureS both to notify the city immediately of slug discharges, and to prevent adverse impacts from any accidental spill (such as operations and maintenance (O&M), general housekeeping, or training). This plan must be approved by the Utilities Director. (G) Protection ~rom accidental discharge. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Utilities Director for review, and shall be approved before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this chapter. (H) Repo~ting of accidental discharge. If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitations in this chapter, the facility responsible for such discharge shall immediately notify the Utilities Director, the Wastewater Treatment Plant Operator and Pretreatment Coordinator so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Utilities Director detailing the date, time and cause of the accidental discharge, the quantity and charactedstics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible industrial facility within five days of the occurrence of the noncomplying discharge. (I) l~otice to employees. Anoticeshanbepermanentlypostedontheuser'sbulletinboardorother prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. 23 (J) Fees. The cost of implementing an indnstrial sewer use progrsm shall be recovered from industrial users of the wastewater treatment system. The applicable charges or fees shall be set forth in the Board's schedule of charges and fees. The Board rrmy adopt charges and fees which may include: (1) Fees for reimbursement of costs of setting up and operating the city's pretreatment program; (2) Fees for monitoring, inspections and surveillance procedures; (3) Fees for reviewing accidental discharge procedures and construction; (4) Fees for permit applications; (5) Fees for filing appeals; (6) Fees for consistent removal (by the POTW) of pollutants otherwise subject to pretreatment standards; (7) Other fees as the city may deem necessary to carry out the requirements contained herein. The fees relate solely to the industrial users covered under: this section of the chapter and are separate from all other fees chargeable by the Board of Public Works and/or the city. (K) Special agreements. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern at such rates which are compatible with this chapter. However, this is for conventional pollutants only and does not apply to national categorical standards or metals as specified in this chapter. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § $0.33 INDUSTRIAL WAS'r~WA'£rat MON1TOP. I~G AND REPOR'i'I~G. (A) Wastewater dischargers. It shall be unlawful to discharge, without a permit, to any watercourse within the city or in any area under the jurisdiction of the city and/or to the POTW any wastewater except as authorized by the Utilities Director in accordance with the provisions of this chapter. (B) Wastewater contribution permits. (1) General permits. 1~1 users proposing to connect to or to contribute to the POTW shall obtain a permit before connecting to or contributing to the POTW. (2) Permit appfication. All users shall complete and file with the Utilities Director, an application in the form prescribed by the Board, and accompanied by a fee as established by the Board. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information: (a) Name, address, and location (if different from the address); 24 Je~ersomalle - Public Works (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Wastewater constituents and characteristics, including but not limited to those mentioned in § 60.31 of this chapter, either anticipated in the wastewater or as determined by a reliable analytical laboratory; all sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended. (d) Time and duration of contribution. (e) Average daffy and peak waStewater flow rates, includ/ng daffy, monthly and seasonal variations, if any. (f) Site plans, floor plans, mechanical and plumbing plans for plant and/or pretreatment facilities and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation. (g) Description of activities, facilities and plant processes on the premises including all materials which are expected to be discharged. (h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards. (i) Description of pretreatment facilities and/or O&M techniques required to meet the pretreatment standards. (j) The construction schedule in the form of dates for the commencement and completion of major events leading to the construction and operation of pretreatment required for the user to meet the applicable pretreatment standards (that is, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like). (k) Eachproductproducedbytype, amount, processorprocessesandrateofproduction. (1) Type and amount of raw materials processed (average and maximum per day). (m) Number of type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system. (n) Under 40 CFR 403.12(b), every CIU must submit a Baseline Monitoring Report (BMR). This report must identify the facility, indicate permits, describe operations, and contain flow and pollutant measurements, and must be signed and certified by the appropriate official. (o) To comply with 40 CFR 403.12(b) and 40 CFR 403.12(d), BMRs and reports on compliance with categorical standards (90-day compliance reports) must contain a statement certified by a qualified professional about the user's compliance with applicable categorical standards and whether any pretreatment (or O&M) is required to attain compliance. (p) As specified in 40 CFR 403.12(1), BMRs, reports on compliance with categorical standard deadlines (90-day compliance reports), and periodic compliance reports for CIUs must be signed by the appropriate official and contain the certification statement in 40 CFR 403.6(a)(2)(ii), which essentially attests to the integrity of the analytical data submitted. (a.) Information from IUs on IU solid/hazardous waste disposal practices, or other environmental permits held by the IU shall be submitted with the permit application. (r) The IU shall submit name, title, address, and telephone number of the designated signatory authority for I'U reports and the permits application, with the permit application. (s) AnyotherinformationasmaybedeemedbytheBoardofPublicWorkstobenecessary to evaluate the permit application. The Control Authority will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data fumished, the Board may 1.~sue an industrial discharge permit subject to terms and conditions provided herein. (3) ?errm'! modifications. Within 30 days of the promulgation of o: revision to a National Categorical Pretreatment Standard, the industrial discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial discharge permit as required by § 50.33(B) the user shall apply for an industrial discharge permit within 30 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial discharge penuit shall submit to the Utilities Director within 30 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 50.32(B)(2)(h) and (i). (4) Perm~'t conch'tions. Industrial discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Board of Public Works. Permits may contain, but not I/m/ted to, the following: (a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer; (b) L/raits on the average and max/mum wastewater constituents and characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and eclualization. (d) Requirements forinstallation and maintenance ofinspection and sampling facilities; (e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporthug schedule; (f) Compliance schedules; (g) Requirements for submission of technical reports or discharge reports; 26 Je~sonwflle - ~ Works (h) Under 40 CFR 403.12(b), every CIU must submit a Baseline Monitoring Report (BMR). This report must identE7 the facility, indicate permits, describe operations, and contain flow and pollutant measurements, and must be signed and certified by the appropriate official. (i) As per CFR 403.12(c), any compliance schedule must contain milestone dates for implementing necessary pretreatment reclu/red to meet the applicable categorical pretreatment standards. Within 14 days of a milestone in the compliance schedule and within 14 days of the final date for compliance, the i'U must submit a progress report to the POT~M indicating whether or not the milestone or final compliance date was met and, if not, when compliance with that increment of progress /s expected. (j) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Board, and affording access thereto; (k) Requirements for notification to the Utilities Director of the IU's intent to introduce any new wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system prior to IU changing to its discharge, including hazardous wastes. (t) Requirements for notification of slug d/scharges. (m) Pursuant to 40 CFR 403.12(g), if sampling by an IU indicates a violation, the user must notify the city within 24 hours of becoming aware of the violation. In addition, the user must resample and submit results of this resampling to the city within 30 days. (n) As stated in 40 CFR 403.12(p), the IU must notify the Control Authority, the state, and EPA of any discharge which could be considered a hazardous waste if disposed of in a different (o) To comply with 40 CFR 403.12(b) and 40 CFR 403.12(d), BMRs and reports on compliance with categorical standards (90-day compliance reports) must contain a statement certified by a clu~]i~ed professional about the user's compliance with applicable categorical standards and whether any pretreatment (or O&iV0 is required to attain compliance. (p) AS specified in 40 CFR 403.12(1), BMiRs, repons on compliance with categorical standard deadlines (90-day compliance repons), and periodic compliance reports for CIUs must be signed by the appropriate official and contain the cenh'ication statement in 40 CFR 403.6(a) (2) (ii), which essentially attests to the integrity of the analytical data submitted. (q) Information from ills on IU solid/hazardous waste disposal practices, or other environmental permits held by the IU shall be submitted with the permit application. (r) The IU shall submit the name, title, address, and telephone number of the designated signatory authority for IU reports and the permit application, with the permit application. this chapter. (s) Other conditions as deemed appropriate by the Board to ensure compliance with ($) Permits duration. Industrial discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to 27 expire on a specific date. The user shall apply for perrrdt reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The application for renewal shall be accomplished by a permit renewal fee as established by the Board of Public Works. The terms and conditions of the permit may be subject to modification by the Board during the term of the permit as limitations or requirements in § 50.31(A), (B), (C), (D) and (El are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days period to the effective date of change, Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. An industrial discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Board of Public Works. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (C) Reporting requirement £or permit. (1) ]~equirements. Reporting requ~.rements shall be as outlined in 40 CFR 403.12. (2) Comp~'ance date report. ~/-lthin 90 days following the date for f'mal compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction ofwastewater into the POTW, any user subject to pretreatment standards and requ~remems shall submit to the Utilities Director a report indicating the following: (a) The nature and concentration of all pollutants in the discharge from the regulated process which are limited by such pretreatment standards or requ/rements. (b) Average and maximum daffy flow for these process units in the user facility. The report shaft also state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. The certification shall meet the requirements of 40 CFR 403.6(a) (2) (ii). (3) Pe~odic cempfiance reports. (a) Any user subiect to a pretreatment standard, after the compliance or revision date of such pretreatment standard, or. in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Utilities Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Utilities Director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards, In addition, this report shall include a record of all daffy flows which during the reporting period exceeded the average daily flow reported in division (B)(2)(e) of this section. At the discretion of the Utilities Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Utilities Director may agree to alter the months during which the above reports are to be submitted. (b) The Utilities Director may impose mass limitations on Users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subdivision (a) of this division Je/~momnlle - Publi~ Works shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user, These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Utilities Director, or pollutants contained therein which are limited by the applicable pretreatraent standard. All analysis shall be performed in accordance with procedures established by the EPAAdministration pursuant to section $04(g) of the Act and contained in 40 CFR, Pa~t 156 and amendments thereto or with any other test procedures approved by the EPA ~trator. Sampling shall be performed in accordance with the technique approv~:l by the Administrator, (4) Baseline monitoring report. (a) A Baseline Monitoring Report (BIVlR) must be submitted to the manager by all categorical industrial users at least 90 days prior to initiation of discharge to the sanitary sewer. The BMR must contain, at a minimur~ the following: 1. Production data including a process description, SIC code number, raw materials used, chemicals used, and final product(s) produced; 2. Name of facility contact person; 3. Wastewater characteristics such as total plant flow, types of discharges, average and maximum flows from each process; 4. Nature and concentration of pollutants discharged to the public sewer system that are regulated by this chapter, state and/or federal pretreatment standards and sample type and location; discharge. Information concerning any pretreatment equipment used to treat the facility's (b) All new sources of industrial discharge must be in compliance with all provisions of this chapter prior to commencement of discharge. (5) Notice of potential problems. Industrial users shall notify the Utflffies Director immediately of all discharges (including slug discharges) that could cause problems to the POTW. (6) Report receipt and analysis. Upon receipt of the compliance date reports, periodic compliance reports and other required reports from the IU's, the city pretreatment staff will initially record the date the report(s) was received. The data contained in the reports is then transferred to the pretreatment program's computer data bank by use of Pretreatmant Compliance Monffering Enforcement (PCM~) software. The reports are then d/stributed to the Pretreatment Coordinator and staff members for review and analysis with respect to the individual IU's permit and the pretreatment program requirements. (D) Monitoring facilities. (1) The Control Authority shall require to be provided and operated at the user,s ov. rn expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, 29 but the Board of Public Works 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 and located so that it will not be obstructed by landscaping or parked vehicles. (2) There shall be ample room fit or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analys~s. 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. (3) Whether constructed on public or private property, the sampling and monitoring facifties shall be provided in accordance with the Board's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Board. (E) Inspection and sampling. The Utilities Director or an authorized representative shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are in compliance. Pemons or occupants of premises where wastewater is created or discharged shall allow the Utilities Director, his representatives and/or state and EPA representatives ready access at all reasonable times to ail parts of the premises for the purposes of inspection, sampling, records examination and/or copying or in the performance of any of their duties. They 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, state and/or EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities. (F) Fu'ght to inspect generally for compliance. In accordance with 40 CFR 403.8(f)(1)(v), the city representatives have the legal authority to carry out inspections, surveillance, and monitoring to determine compliance or noncompliance with applicable pretreatment standards and requirements by IUs. The city representatives also have the authority to inspect all areas of an IU's facility including process areas, areas with floor drains, chemical storage areas, hazardous waste generation and storage areas, pretreatment systems, connections to the sewer, areas where waste hauling and production take place, and areas where effluent monitoring records are kept. Further, they have the authority to obtain information on all raw pro~lucts used within the facility, both in the industrial processes, and for all other (G) Record-keepingrequirements. The user shall confonu to the record-keeping requirements of 40 CFR 403.12(o). The Utilities Director shall have authority to inspect and copy records as noted in 40 CFR 403.12(o)(2). (H) Pretreatmen~/noncompliance reporting. (1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within any time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the Control Authority shall be provided, operated, and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Control Authority for review, and shall be acceptable to the Control Authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable 30 Jef~mo~ - Public Works to the Control Authority under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Control Authority prior to the user's initiation of the changes. (2) All records relating to compliance with Pretreatment Standards shall be made available to offic!~!~ of the state, EPA, and/or the Board of Public Works upon request. (1) Confidential information. (1) As required by 40 CFR 403.14 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 at the time of submission 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. (2) When requested by the person furnishing a reporl, 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 this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state 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. (3) Information accepted by the Board as confidential, shall be treated in accordance with the "Public Information" procedures of 40 CFR 2.302. (J) List o£signifieantindust~al users. The city currently obtains information on an annual basis from each industrial user by use of an annual user survey form. Based on the information contained in these forms each year, the respective IUs file is updated as necessary. In addition, a list of the significant industrial users within the Jeffersonville Pretreatment Program is maintained by the city and provided to the Approval Authority on a quarterly basis. A copy of the Quarterly Industrial User Summary Sheet is included in Section IV. (Ord. 92-OR-66, passed 1-19-92) Penalty, see § 50.99 § 50.40 ENFORCEMENT PROCEDURES. (A) Er~orcement response plan. The Board of Public Works shall establish and adopt an Enforcement Response Plan with enforcement activities vested in the Board, the Utilities Director and City Attorney as required by 40 CFR 403.8 (0(5). (B) Administrative en£orcement. (1) Notification of ~olation (NOV). Whenever the Control Authority finds that a user has violated or iz violating this chapter, or a wastewater permit or order issued hereunder, the Utilities Director or his authorized deputy, agent or representative shall serve upon said user, written notice of Sewers 31 the violation per the adopted Enforcement Response Plan. Within ten days from the receipt date 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 to the Utilities Director. Submission of this plan in no way relieves the user of l~l~ility for violations occurring before or after receipt of the notice of violation. (2) Consent orders. The Utilities Director is hereby empowered to enter into consent orders, assurances of voluntary compliances, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect es compliance orders issued pursuant to division (4), below. (3) ShOw cause hesr~ng. (a) The Utilities Director may order any industrial user which causes or contributes to violation of ttgs chapter or industrial discharge permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days Prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. In the event a duly notified industrial user does not appear at the hear~g as noticed, immediate enforcement action may he pursued. (b) The Board of Public Works may itself conduct the hearing and take the evidence, or may designate any of its members, the City Attorney or any officer or employee of the Board to: 1. Issue in the name of the Control Authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings. 2. Take the evidence. 3. Trausr~t a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon. (c) At any public hearing, testimony taken before the Board or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will he made available to any member of the public or any part of the hea~ng upon payment of the usual charges therefor. (4) Compliance order. If the Utilities Director finds that an industrial user has violated or continues to violate the chapter or a permit or order issued thereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements es might be reasonably necessary and appropriate to address the noncompliance, including the installation Of pretreatment technology, additional self-monitoring, and management practices. (5) Cease and desist orders. When the Utilities Director finds that an industrial user has violated or continues to violate this chapter or those contained in any permit or order issued hereunder, it may issue an order to cease and desist all such violations, and direct those persons in noncompliance to: (a) Comply forthwith. (b) Comply in accordance with a compliance time schedule set forth in the order. (c) Take such appropriate remed~! or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (6) Administrative penalties. Any user who is found to have violated any provision of this chapter, or the orders and permits issued hereunder, may be fined by the Control Authority in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue may be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Control Authority shall have such other collection remedies as it has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the users property. Industrial users desiring to dispute such fines must file a request for the Utilities Director to reconsider the fine within ten days of being notified of the fine. Where the Utilities Director believes a request has merit, a hearing on the matter may be convened within 15 days of receiving the request from the industrial user. (7) Emergency suspensions. (a) The Control Authority may suspend the wastewater treatment service andYor industrial discharge permit whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing any of the following conditions: 1. An imminent or substantial endangerment to the health or welfare of persons, or the environment. 2. An interference or pass through. 3. A violation of any condition of the POTW's NPDES Permit. (b) Any user notified of a suspension of the wastewater treatment service and/or the industrial discharge permit shall immediately stop or eliminate its discharge. A hearing will be held within 14 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit tenminated. In the event of a failure of the person to comply voluntarily with the suspension order, the Utilities Director shall take such steps as deemed necessary, including inunediate severance or plugging the sewer connection, to prevent or minimize damage to the POT~v system, its receiving stream or endangerment to any individuals.. The Control AuthoritY shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. (c) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Board prior to the date of the hearing described. Sewem 33 (8) Termination o£permit. Any user who violates the following conditions of this chapter or an industria] discharge permit or order, or any applicable or state or federal law, is subject to permit termination: (a) Failure to accurately report the wastewater constituents and characteristics of its discharge. (b) Failure to report significant changes Ln operations or wastewater constituents or characteristics. (c) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling. (d) Violation of pen'nit conditions. Noncompliant industrial usem will be notified of the proposed termination of their industrial discharge permit and be offered an opportunity to show cause under division IB)(3), here/nbefore, why the proposed action should not be taken, (C) fudicial remedies. (I) /.~ega/action. If any person discharges sewage, industrial wastes, or other wastes into the wastewater treatment system contrary to the proviszons of this chapter or any order or permit issued hereunder, the Utilities D/rector, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the Circuit Court for Clark County. (2) Injunctive refief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or an order pr Permit issued hereunder, the Utilities Director through the' City Attorney, may petition the Court for the issuance of a preliminary or permanent injunction, or both [as may be appropriate) which restrains or compels the activities on the part of the industri~ user. In the event the Control Authority chooses to correct the violation, the cost of such correction may be added to the next scheduled sewer service charge payable by the user causing the violation. The city shall have such remedies to collect these fees as it has to collect other sewer service charges. (Ord. 92-OR-66, passed 1-19-92) § 80.41 ADDI'I'IONAL ENFORCEMEN'I' AC?ION. (A) Annualpubficationo£signi~cantviolations. The Control Authority shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users who are found to be in significant violation, as defined by this chapter with any provisions of this chapter or any order or permit issued hereunder during the period since the previous publication. ~B) Performance bond. The Control Authority may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactor~ bond, payable to the POTW, in a sum not to exceed a value determined by the Utilities Director to be necessary to achieve consistent compliance. (C) Liabfl#yinsurance. The Control Authority may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder, unless the user first submits proof that is has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge. 34 Je/~e~mvflle - Public W~rks (D) Water supply severance. Whenever an industrial user has violated or continues to violate the provisions of this Ordinance or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. (w..) Irt~orrnantrewards. The Utilities Director is authorized to pay up to $500 for information leading to the discovery of noncompliance by an industrial user. In the event that the information provided results in an administrative fine or civil penalty levied against the user, the Utilities Director is authorized to disperse up to ten percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $1,000. (Ord. 92-OR-66, passed 1-19-92) § 50.50 2J~WJ=~ S]~ViCE CHAR~'"SS AND RATS SURCHARG"BS. (A) Every person whose premises are served by the POTW of the city shall be charged for the services provided in accordance with the provisions of Ordinance No. 90-OR-60, as amended. (B) In order that the rates and charges may reflect the costs of providing service to users, charges for service shall be based upon volume for domestic waste and also on the strength and character of wastes which are stronger than normal domestic wastes. The surcharge rates for these users are also set forth in Ordinance No. 90-OR-60, as amended. (Ord. 92-OR-66, passed 1-19-92) § 50.51 ,~w~u~ TAP r~-'~--'$. (A) A tap charge of $500 shall be levied against each lot, parcel of real estate, or building, residential (single family) in nature, that hereafter connects with the city sewer system. (B) In the event that a sewer connection is made from a lot, parcel of real estate, or building, which is within the boundaries of a subdivision which has been approved by the Building Commissioner and the Plan Commission of the city and which meets all the qual/fications for a subdivision within the city, and in which the developer of the subdivision lies within the city limits of the city, the tap charge shall be $300. The tap charge and connection charge levied against such property shall be due and payable in full on the date construction of such sewer begins. The owner of any parcel (other than those pieces described above located in a subdivision) may make written application to the Board of Public Works at the time of the construction of the sewer, and may be granted by the Board the privilege of paying the total charge of $500 in ten equal annum on the unpaid balance. In the event that such deferred payment plan is accepted by the Board, the sum of $50 shall accompany the application along with appropriate inspection fee and the remaining annual payment of the principal shall be in the amount of $50 each to which shall be added in each case interest on the outstanding balance. (C) The subdivision tap-ins ($300 tap-ins) shall not be eligible for this deferred payment plan. In the event the tap charge or connection charge is not paid as required, such charge shall be collectible in the manner provided by statute. Further, to be eligible for this rate of $300, a tap must be applied for by the developer of said subdiv/sion and paid, along with appropriate inspection fees. 8ewem 35 (D) Tap fees from multi-family units duplex shall be $600.00. Over two-farrdly units duplex shall be an additional $25 per unit up to ten units. After ten units, each unit shall be $10 each, plus inspection fees. Tap fees for commercial use shall be $800 for each tap, plus inspection fees. (F) Tap fees for structures in industrial zoned areas shall be $1,000 for each tap, plus inspection fees. (Ord. 92-OR-66, passed 1-19-92) § 80.8~ BW,T.~G PRO~/::;DUP-~--. Rates and charges shall be prepared, billed, and collected by the city in the manner provided by law and ordinance. (Ord. 92-OR-66, passed 1-19-92) EAFEtrG AND COAT7.JCT § $0.60 SAVINOS CLAUSE. If any provision, paragraph, word, section or article of this chapter m invalidated by any court of competent jurisdiction, the remaining provimons, paragraphs, words, sections, and articles shall not be affected and shall continue in full force and effect. (Ord. 92-OR-66, passed 1-19-92) § 50.99 PENALTY. (A) Civil penalties. (1) Any industrial user who has violated and/or continues to violate this chapter or any order or permit issued hereunder, shall be l~hle to the Control Authority for a civil penalty of not more than $1,000 per violation per day for as long as the violation(s) continues plus actual damages incurred by the POTW. In addition to the above described penalty and damages, the Control Authority recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including but not limited to, sampling and monitoring expenses. (2) The Control Authority shall petition the Court to impose, assess, and recover such sums. In determining amount of 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, the economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires. (B) CrJ. n'dnal prosecution. (1) Violations - general: 36 Jef~emonville - Public Works (a) Any industrial user who willfully or negligently violates any provision of this chapter, or any orders, or pen'nits issued hereunder shall, upon conyiction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 per violation, per day, or imprisonment for not more than one year, or both. (b) In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation, per day, or imprisonment for not mere than three years or both. (2) Falsifying information. (a) Any industrial user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or permit, Or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, or permit, shall, upon conviction, be punished by a fine of not more than $I,000 per violation, per day, or imprisonment for not more than one year, or both. (b) In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation, per day, or imprisonment for not more than three years or both. Ord. 92-OR-66, passed 1-19-92) Section 1. Type "A" sanitary sewer drop manhole 2. Type "B" sanitary sewer manhole 3. Type "C" sanitary sewer manhole 4. Type "D" sanitary sewer manhole 5. Typical lateral 6. Thrust block det~!)~ § 1. TTPE 'A' SANI'I'ARY S~w~ DROP MANHOLE. T YPF. '~" SANITARY SEWER DROP MANHOLE (Ord. 89-OR-11, passed 3-6-89) 37 38 JeEemonvale - Public Works · BRICK IN ~4 CY. CONCRETE -- MIN. B' ~ CAST IRON MH STEPS SHALL BE RUNG ityPE ONLY AND,, STAGGERED AT 12 ON THE VERTICAL SI[~ OF CONE AND BARREL (NOT VARIES HEIGHT NO. R-17?2-A WITH TYPE MACHINED GRADE I II 'NCK COLLAR 3000 Pgl RECAST CONCRETE iBARREL TO BE PRECAST CONCRETE ECCENTRIC CONE J~NT WITH SEWER GRADE PLACE MANHOLE CH A MIN, OF 4 INCHES IND. N0.73 PRECAST REI[klFORCED CRUSHED LIMESTONE CONCREIE BASE TYPE "B" SANITARY SEWER MANHOLE SCALE - I/2"'- I'-0' (Ord. 89'OR-11, passed 3-6-89) § 3. TYPE "C' SANZTART ==w,'=~ MA.,~I'HOLE. 39 TYPE "C" SANITARY SEWER MANHOLE (Ord. 89-OR-11, passed 3-6-89) § 4. TYPE "D" SAN~At~ S=;Wr.~ MANI-IO~.~-. ~NAolt RIH' Nr~tNAH FND.~_Y,. CO. MACHTHED LID ENCASE CA~TIH~ I/4 CY OF CONCRETE ALL CONCRETE TO BE $OOO P$1 FOR HJ~HO{.E LES9 THAN TYPE"D" 9ANITARY ,~,EWER MANHOLE (Ord. 89-OR-11, passed 3-6-89) 40 Jet~o~. Pulflic Wor~ § 8. TYPIC. A~ (Ord, 89-OR-11, passed 3-6-89) § 6. TI~UST BLOCK DETAILS. (Ord. 89-OR-11, passed 3-6-89)