HomeMy WebLinkAbout1992-OR-66
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An-Ordinance Modifying The Jeffersonville Wastewater Code
ORDINANCE NO. 92",.R-,,-
An ORDINANCE establishing rules and regulations for the discharge of
industrial wastewaters into the wastewater treatment system of the City of
Jeffersonville, Indiana.
WHEREAS, t.he Federal Water Pollution Control Act Amendments of 1972, P.L.
92-500 (hereinafter referred to as the "Act") have resulted in an unprecedented
program 'of cleaning up our Nation's waters.
WHEREAS, the U.S. Environmental Protection Agency proposed, on November 2,
1988 (53 Fed. Reg. 47632), to amend the General Pretreatment Regulations to
require all Publicly owned Treatment Works (POTW) w:Lth approved pretreatment
programs to develop and implement Enforcement Response Plans; and,
WHEREAS, the final regulatory changes to the National Pretreatment Program
(40 CFR Part 403) were published in the Federal Register on July 24, 1990 and
became effective on August 23, 1990; and,
WHEREAS, paragraph 40 CFR 403.8(f) (5) in the final rule provides that
POTW's with approved programs must develop and implement an enforcement plan as
part of their approved pretreatment program; and,
_WHEREAS, this City seeks to provide for the use of its wastewater treatment
system by industries served by it without damage to the physical facilities,
within impairment of their normal function of collecting, treating and
discharging domestic wastewater, and without the discharge by this City's
wastewater treatment system of pollutants which would violate the discharge
allowed under its National Pollutant Discharge Elimination System (NPDES) permit
and the applicable rules of all governmental authorities with jurisdiction over
such d~scharges. /
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the
City of Jeffersonville, Indiana, County of Clark, State of Indiana, as follows:
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GENERAL PROVISIONS
SECTION 50.01 PURPOSE. POLICY. AND OBJECTIVES
This Ordinance 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 Ordinance 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;
(S) 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.
SECTION 50.02 DEFINITIONS
For the purpose of this Ordinance the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
"Act." The Federal Water Pollution Control Act (PL 92-500) as amended by
the Clean Water Act (PL 95-217) of 1977.
"Applicable Pretreatment Standard." Any pretreatment limit or prohibitive
standard, (federal, state, or local) contained in the ordinance and considered
to be the most restrictive with which Industrial Users will be required to
comply.
"Approval Authoritv." The Director in an NPDES state with an approved
State Pretreatment Program or the Administrator of the EPA in a non-NPDES state
or an NPDES State without an approved State Pretreatment Program.
"Authorized Reoresentative of Industrial User. n
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;
An authorized
(2) A general partner or proprietor if the Industrial User is a
partnership 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.
"Averaae Monthlv Discharae Limitation." The highest allowable average of
daily discharges over a calendar month, calculated as the sum of all daily
discharges measured during a calendar month divided by the number of daily
discharges measured during that month.
"Averaae Weeklv Discharae Limitation." The highest allowable average of
daily discharges over a calendar week, calculated as the sum of all daily
discharges measured during a calendar week divided by the number of daily
discharges measured during that week.
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"Beneficial 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 of fish, wildlife, and other
aquatic resources or reserves, and other uses, both tangible or intangible, as
specified by state or federal law.
"Board'" or "Board of Public Works." The duly appointed Board of Public
Works of the city of Jeffersonville, Indiana.
"Cateaorical Industrial User" eCIU}. 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. 1347) and which apply to specific categories as Industrial
Users.
"CFR." Code of Federal Regulations.
"Citv. " City shall mean the duly constituted municipal corporation of the
city of Jeffersonville, Indiana, the Jeffersonville Board of Public Works and/or
their authorized representative.
"Citv Enaineer. " The duly appointed City Engineer of the City of
Jeffersonville, Indiana, or authorized deputy, agent, or representative.
"Combined Sewer. If
water.
A sewer receiving both sewage and storm or surface
"Compatible Pollutant. " BOD, 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.
"Comoosite Sample." A composite sample should contain a mJ..nJ.mum 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.
"Control Authoritv." This term shall refer to the Board of Public WorkS,
acting through the Utilities Director or authorized representative.
"Coolina Water." Water discharged from any use such as air conditioning,
cooling or refrigeration, during which the only pollutant added to the water is
heat.
"Dailv Discharae." Discharge of a pollutant measured during a calendar day
or any 24-hour period that reasonably represents the calendar day for purposes
of sampling.
"Direct Oischarae. " The discharge of treated or untreated wastewater'
directly to the waters of the State of Indiana.
"Domestic Wastes. " 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.
"Easement." An acquired legal right for the specific use of land owned by
others.
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HEPAR or "U.S. Environmental Protection Aaencv." 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.
"Garbaae." Any solid wastes from the preparation, cooking, or dispensing
of food and from handling,storage, or sale of produce.
"Grab Samole." 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.
"Ground {Shredded} Garbaoe." Garbage that is shredded to such a degree
that all particles will be carried freely in suspension under the conditions
normally prevailing in the sewage system, with no particle being greater than
one-half inch in dimension.
"Boldino T'mk Waste. ' Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
_ "Incomoatible Pollutant. " All pollutants other than "compatible pollutants"
as defined in this Ordinance.
"Industrial Discharoe Permit." 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.
"Indirect Discharae. " 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).
"Industrial User." Any Industrial User of the City's wastewater treatment
system which is a source of "Indirect Discharge.", as defined in this section.
"Industrial Wastewater." The liquid wastes resulting from the processes
employed in industrial, manufacturing, trade or business establishments, as
distinct from domestic wastes.
"Influent. ' The water, together with any wastes that may be present,
flowing into a drain, sewer, receptacle or outlet.
"Insoector." 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.
"Interference. " 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.
"Maximum Dailv Discharoe Limitations. " Greatest allowable daily discharge.
"Mav." Indicates a discretionary condition.
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"National Cateaorical Pretreatment Standard. It 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.
"National pollutant Discharae Elimination Svstem" or INPDES\." 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. .
"New Source.K 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.
"Pass Throuah." 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.
"Person." Any and all persons, including any individual, firm, company,
municipal or private corporation, partnership, co-partnership, joint stock
company, trust, estate, association, society, institution, enterprise,
governmental agency, the State of Indiana, the United States of America, or other
legal entity, or their legal representatives, agents or assigns. The masculine
gender includes the feminine, the singular includes the plural where indicated
by context. -
~ The logarithm of the reciprocal of the hydrogen ion concentration,
expressed in grams per liter of solution.
"pollutant. " Any physical parameters 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.
"Pollution." 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 t~e chemical, physical, biological, and radiological integrity of
water.
"Pretreatment." 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).
"Pretreatment Coordinator." The duly appointed Pretreatment Coordinator
of the City of Jeffersonville, Indiana, or an authorized representative.
"Pretreatment Proaram." The Pretreatment Program adopted by the Board of
Public Works to regulate Industrial Use of the POTW.
"Pretreatment
requirement, other
Industrial Users in
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Reauirements. " Any substantive or procedural pretreatment
than a National pretreatment standard, applicable to
accordance with 40 CFR 403.3_(r).
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"Publiclv Owned Treatment Works" or "lPOTW)." A treatment works as defined
by Section 212 of 33 U.S.C. 1292 which is owned in this instance by the City of
Jeffersonville 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 Ordinance, "POTW" shall 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.
"Public Sewer." A sewer in which all Owners of abutting properties have
equal rights, and which is controlled by public authority.
"Receivina Stream." The watercourse, stream, or body of water receiving
the waters finally discharged from the wastewater treatment plant.
"Sanitary Sewer. " 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.
"Sewaae. " 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. .
"Shall." Indicates a mandatory condition.
"SIC" or "Standard Industrial Classification. It A classification pursuant
to the Standard Industrial Classification Manual issued by the Executive Office
of the President, Office of Management and Budget, 1972.
"SIU" or "Sionificant Industrial User".
"significant industrial user" is defined as:
According to 40 CFR 403.3(t),
o Any Categorical Industrial User (CIU).
o Any other IU which:
Discharges 25,000 gallons per day or more of process wastewater
Contributes a process wastestream making up 5 percent or more
average dry weather hydraulic or organic capacity of the POTW
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.
"Sianificant Noncompliance" (SNC). In accordance with 40 CFR
403.8(f) (2) (vii), an IU is in "significant noncompliance" if its violation meets
one or more of the following specific criteria.
(A) Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent or more of all of the measurements taken during-
a six-month period exceed (by any magnitude) the daily maximum limit or the
average limit for the same pollutant parameter;
(B) Technical Review Criteria (TRC) violations, defined here as those in
which thirty-three percent or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC (TRC
= 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants
except pH.
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(C) Any other violation of a pretreatment effluent limit (daily maximum or
longer-term average) that the Control Authority determines has caused, alone or
in combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
(0) Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the POTW's
exercise of its emergency authority under paragraph (B) of this section to halt
or prevent such a discharge;
(E) Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforc~ent order
for starting construction, completing construction, or attaining final
compliance:
(F) Failure to provide, within 30 days after the due date, required reports
such as baseline monitoring reports, 90-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules:
(G) Failure to accurately report noncompliance;
(H) Any other violation or group of violations which the Control Authority
determines will adversely affect the operation or implementation of the local
pretreatment program.
IF the POTW determines that an IU is in SNC, that user must be included
on the annual publication list.
"Sludae. It Any solid, semi-solid, or liquid waste' generated from a
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 under 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.
"Slua." Any single discharge episode of any toxic, conventional or non-
conventional pollutant of such volume or strength as to cause interference to the
POTW.
"Standard Methods." The laboratory procedures set forth 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.
"storm Sewer" or "Storm Drain." A sewer which carries storm and surface
waters and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
"Storm Water. " Any flow occurring during or immediately following any form
of natural precipitation and resulting therefrom.
"Suspended Solids." 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.
"Toxic Amount. II 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 defined in
standards issued pursuant to Section 307(a) of Public Law 95-217.
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"Toxic 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.
"Unpolluted Water. " 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.
"Upset." 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.
"User." Any person that discharges, causes, or permits the discharge of
wastewater into the sewage system.
"Utilities Director." The duly appointed Utilities Director of the City
of Jeffersonville, Indiana, or authorized deputy, agent or representative.
"Wastewater." 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.
"Wastewater Constituents and Characteristics." 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.
"Wastewater Treatment Svstem" or "Svstem. " Any devices, 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 esti,mated 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 part of the
treatment process or is used for ultimate disposal of residues resulting from
such treatment.
"Watercourse." A channel in which a natural flow of water occurs either
continuously or intermittently.
"WWTP." Wastewater Treatment Plant.
Terms not otherwise defined herein shall be as adopted in the latest
amendment to National Pretreatment Program, 40 CFR 403.
SECTION 50.03 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.
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(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 all 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.
SECTION 50.04 PRIVATE SEWAGE DISPOSAL SYSTEMS
(A) Where a public sanitary or combined sewer is not available under the
provisions of Section 50.07 (D), the building sewer shall be connected to a
private sewage disposal system complying with the provisions of this section.
(B) Before commencement of construction of a private sewage disposal
system, the Owner shall first obta~n 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
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,
disposal system shall
Health and the County
permitted_to discharge
capacities, location, and layout of a private sewage
comply with all recommendations of the State Board of
Board of Health. No septic tank or cesspool shall be
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 dirt.
(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.
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SECTION 50.05 DAMAGING SEWER EOUIPMENT
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 POTW. Any person violating this
provision shall be subject to immediate arrest under charge of disorderly
conduct.
SECTION 50.06 WRITTEN PERMIT REOUIRED FOR USE OF PUBLIC SEWER
No unauthorized person shall uncover, make any connections with or opening into,
use, .alter, or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the Utilities Director.
SECTION 50.07 CONNECTION TO PUBLIC SEWER SYSTEM REOUIRED
(A) The Owner of all houses, buildings, or property 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 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 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 Commissioner in contravention of
paragraph (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 of Ordinances.
BUILDING SEWERS
SECTION 50.15 INSPECTIONS
(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 shall be paid to the City at the
time the application for inspection is filed 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 Section 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. Re-
inspections, if the initial inspection fails, shall 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.
SECTION 50.16 COSTS AND EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING
SEWER: INDEMNIFICATION
All costs and expense incident to the installation and connection of the
building sewer shall be borne 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.
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SECTION 50.17 SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING
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 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.
SECTION 50.18 USE OF OLD BUILDING SEWERS WITH NEW 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 section
50.15 for appropriate inspection.
SECTION 50.19 SPECIFICATIONS FOR CONSTRUCTION
(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. t ~-'J
In the absence of code provisions or-in amplification thereof, the materials and ;1~
procedures "Bet forth in appropriate W.P.C.F. Manual of Practice No. 9 shall
apply. (See b,"!Jr...... "VI 0"-c('V\.,,,ee.. '6Q-OR-II).
(B) The following rules and regulations must also be adhered to:
(1) All new sanitary and lift stations shall be approved by the
Utilities Director before construction;
(2) Design must meet local, state and "Ten States" standards;
(3) All construction permits must be obtained from the state of
Indiana before the Utilities Director will give approval;
(4) The Contractor shall obtain a Street Cutting Permit from the
Utilities Directorb~fore 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
design shall be in accordance with a permit shall be obtained from .PA
Army Corps of Engineers through the Jeffersonville Flood Control
wall, the
the U.S.
District;
(7) A one-year maintenance period shall be included in all
construction contracts;
(8) Sewer-pipe installation are as follows:
(a) For single-family 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 conunercial and
industrial development: six-inch a-rings minimum.
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(9) All structures connected to the city sewer system shall have
installed backwater valves conforming to ANSI Al12.14.1 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
parts 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 immediately 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
backfilled 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 accordance 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) SOR 35, meeting the requirements of ASTM 0-3034
(latest revision), with O-ring type joints.
(b) Gravity sewer pipe over 12-inches diameter 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.
(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 minimum 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 . k~
Distance between manholes shall not exceed 350 feet. a~~&U~
(b) Manhole covers shall be cast iron conforming
Foundry Co., R-1772-A with Type A Self Sealina machined lid.
~
.,~l')'LJ.~
~. e, 'i-d<.- H ,
CHAPII/90167/32891
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(c)
miscellaneous repairs
cement per cubic yard
psi in 28 days.
(4) Pipe bedding and backfill.
Concrete for manhole bases, pavement patches and
shall be Portland Cement concrete containing five bags of
of concrete and shall achieve compressive strength of 300
(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) Where 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 backfilled 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 backfilled 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 backfilled 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. All 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 run 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. All patch seams
shall be saw-cut only, smooth and straight.
(f) All cutting of trenches in existing asphalt or concrete
pavements shall be done with a saw only to provide 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.
(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.
division (D) (5) (a)
additional cost to
(c) Section of sewer exceeding the test
shall be replaced or repaired by the
the OWner.
limits set out in
Contractor without
(6) Property services.
(a) Property services shall be constructed and located as
shown on the plans.
CHAPII/90l67/3289l II-16
...
(b) The contractor shall connect all laterals to the sewer
main with a "Wye.' fitting, not a "Tee".
(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 service 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 backflow 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.
Section 50.20 GRAVITY FLOW OF BUILDING DRAIN TO PUBLIC SEWER
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.
SECTION 50.21 SURFACE RUNOFF OR GROUNDWATER
A person shall not make connection of roof downspouts, exterior foundation
drains, areaway drains, or other sources 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.
SECTION 50.22 REPAIR 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 Section 50.19 (B) and pay inspection fees in accordance with Section 50.15.
SECTION 50.23 NOTIFICATION OF INSPECTOR
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 backfilling. The connection shall be made under the supervision
of the Inspector or his representative. ~
SECTION 50.24 BARRICADES AND LIGHTS AROUND SEWER 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.
CHAPII/90167/32891
II-17
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PROHIBITED DISCHARGES: TREATMENT: MONITORING AND REPORTING
SECTION 50.30 DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE
(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) Stormwater 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
watet or unpolluted process waters may be discharged, on approval of the
Utilities Director, to a storm water, combined sewer, or natural outlet,
providing discharge complies with federal and state requirements.
SECTION 50.31 PROHIBITIONS AND LIMITATIONS ON WASTEWATER DISCHARGES
(A) No person shall discharge or cause to be discharged, dire_ctly or
indirectly, any of prohibited discharges noted in 40 CFR 403.5 and' 403.6,
including, but not limited to any wastewater containing the following:
(1) Oils 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
mg/l, whether emulsified or not, or containing substances which may solidify or
become viscous at temperatures between 320and 1500F. (00 and 650C.) at the point
of discharge into the system.
(2) Temoerature. Any liquid or vapor having a temperature higher than
1500F (650C) or would cause the influent to the WWTP to be higher than 1040F
(400C) .
(3) Exolosive 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 CFRA03. 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 1400F or 600C (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
system, be more than five percent (5%) nor any single reading over ten percent
(10%) of the Lower Explosive Limit (L.E.L.) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
eylene, ethers, alcohOls, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides.
(4) Noxious Materials. Noxious or malodorous solids, liquids or
gases, gases, which, either singly or by interaction with other wastes, are
capable of creating a public nuisance or hazard to life, or are or may be
sufficient to prevent entry into a sewer for ~ts maintenance and repair.
(5) Imorooerlv Shredded Garbaae. Garbage that has not been ground or
comminuted to such a degree that all particles will be carried freely in
suspension under flow conditions normally prevailing in the public sewers, with
no particle greater than one-half (1/2) inch in any dimensions.
CHAPII/90167/32S91
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(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 to 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. Prohibited materials
include, but are not limited to, grease, uncomminuted garbage, animal guts or
tissues, paunch manure, 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 containers, wood, plastic, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud or glass
grinding or polishing wastes, and similar substances.
(8) Excessive Oischarae Rate. Wastewaters at a flow rate or
containing such concentrations or quantities of pollutants that exceeds for any
time period longer than fifteen (15) minutes more than five (5) times the average
tw~nty-four (24) 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 (BOO)] released in a discharge at a flow rate or pollutant concentration
which will cause interference, 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 of the United States Environmental
Protection Agency pursuant to section 307(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.
(10) Unpolluted Waters. Any unpolluted water including, but not
limited to, water from cooling systems, storm water, roof runoff, cellar drainage
of groundwater origin, or any industrial process water, which will increase the
hydraulic load on the treatment process.
(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
sewers 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 interfere 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.
CHAPII/90167/32891
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...
(15) Trucked/Hauled Wastes. In accordance with 40 CFR 403.5(b)(B),
the discharge of any 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 ordinance"). National Categorical Pretreatment
Standards as promulgated by the u.s. Environmental Protection Agency shall be met
by all dischargers 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 all
applicable requirements of the categorical Standards, including the filing 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 Ordinance for sources in that subcategory, shall immediately
supersede the limitations imposed under this Ordinance. 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 th~
POTW in accordance with 40 CFR 403.12.
(E) PRETREATMENT. The Board of Public Works ,shall implement 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.
SECTION 50.32 CONTROL OF PROHIBITED WASTES
(A) REGULATORY ACTIONS. If a User is in significant violation with the
applicable pretreatment requirements of this Ordinance, 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
Ordinance.
(3) Require pretreatment, 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 Ordinance.
CHAPIIj90167j32891
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(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 regulatio~s 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 (1) copying any
records required to be kept under the provisions of this Ordinance, (2)
inspecting any monitoring equipment or method, and (3) 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 all 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 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. While 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 a~serted 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 ali
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.
CHAPII/90167/32891
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A
(F) DEVELOPMENT OF 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 ~ocedures 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 FROM ACCIDENTAL DISCHARGE. Each Industrial User shall
provide protection from accidental discharge of prohibited materials or other
wastes regulated by this Ordinance. 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 ~his Ordinance.
(H) REPORTING OF ACCIDENTAL DISCHARGE. If, for any reason, a facility
doe_s not comply with or will be unable to comply with any prohibition or
limitations in this Ordinance, the facility responsible for such discharge shall
inunediately notify the- Dtilities Director, the Wastewater Treatment Plant
Operator and Pretreatment Coordinator so that corrective action may be taken to
protect the treatment system. In ~ddition, a written report addressed to the
Utilities Director detuling the date, time and cause of the accidental
discharge, the quantity and characteristics of the discharge and corrective
action taken to prevent future discharges, shall be filed by the responsible
industrial facility withtn five (5) days of the occurrence of the noncomplying
discharge.
(I) NOTICE TO EMPLOYEES. A notice shall be permanently posted on the
User's bulletin board or other 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.
(J) ~. The cost of implementing an Industrial Sewer Use program 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 may 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
constJ;:'uction;
(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
Ordinance and are separate from all other fees chargeable by the Board of Public
Works and/or the City of Jeffersonville, Indiana.
CHAPII/90167/32891 II-22
..
IKI 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.
SECTION 50.33 INDUSTRIAL WASTEWATER MONITORING AND REPORTING
(A) WASTEWATER DISCHARGERS. It shall be unlawful to discharge, without
a permit, to any watercourse within the City of Jeffersonville, Indiana or in any
area under the jurisdiction of Jeffersonville and/or to the POTW any wastewater
except as authorized by the Utilities Director in accordance with the provisions
of this Ordinance.
(B) WASTEWATER CONTRIBUTION PERMITS.
(1) General Permits. All 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 Application. 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);
(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 Section 50.31 of this Ordinance, 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 daily and peak wastewater flow rates, including daily,
monthly and seasonal variations, if any.
(f) Site plans, floor plans, mechanical and plumbing plans for
plant and/or pretreat.ment 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.
CHAPII/90167/32891
II-23
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(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 (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
(k) Each product produced by type, amount, process or
processes and rate of production.
(1)
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.
Type and amount of raw materials processed (average and
(n) Under 40 CFR 403.l2(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.
(0) 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.
(q) Information from IUs on IU solid/hazardous waste disposal
or other environmental permits held by the IU shall be submitted with
application.
practices,
the permit
(r) The IU shall submit name, title, address, and telephone number
of the designated signatory authority for IU reports and the permits application;
with the permit application.
(s) Any other information as may be deemed by the Board of Public
Works to be necessary 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 furnished, the Board may issue an Industrial Discharge Permit subject
to terms and conditions provided herein.
(3) Permit Modifications. Within 30 days of the promulgation of or
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 Permit shall submit to the Utilities Director within 30 days after the
promulgation of an applicable Federal categorical Pretreatment standard the
information required by paragraph (h) and (i) of Section 50.32(B)(2).
CHAPII/90167/32891
11-24
.~..,;",r;
(4) Permit conditions. Industrial Discharge Permits shall be
expressly subject to all provisions of this Ordinance and all other applicable
regulations, user charges and fees established by the Board of Public Works.
Permits may contain, but not limited 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) Limits on the average and maximum wastewater constituents
and characteristics;
(c) Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(d) Requirements for installation and maintenance of
inspection and sampling facilities;
(e) specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards for tests
and reporting schedule;
(f) compliance schedules;
(g) Requirements for submission of technical reports or
discharge reports.
(h) Under 40 CFR 403.l2(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.
(i) As per CFR 403.l2(c), any compliance schedule must contain
milestone dates for implementing necessary pretreatment required 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
IU must submit a progress report to the POTW indicating whether or not the
milestone or final compliance date was met and, if not, when compliance with that
increment of progress is 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.
(1) Requirements for notification of slug discharges.
(m) Pursuant to 40 CFR 403.l2(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.l2(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 manner.
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(0) 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.
(q) 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 the name, title, address, and telephone
number of the designated signatory authority for IU reports and the permit
application, with the permit application.
(s) other conditions as deemed appropriate by the Board to
ensure compliance with this Ordinance.
(5) Permits Duration. Industrial Discharge permits shall be issued
for a specified time period, not to exceed five (5) years. A permit may be
issued for a period less than a year or may be stated to expire on a specific
date. The User shall apply for permit 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 Section
50.31(A), (B), (C), (D) and (E) 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 I REPORTING REOUlREMENT FOR PERMIT.
(1) Requirements. Reporting requirements shall be as outlined in 40
CFR 403.12.
(2) Compliance Date Report. Within 90 days following the date for
final compliance with applicable Pretreatment Standards or, in the case of a New
Source, following commencement of the introduction of wastewater into the POTW, -
any User subject to Pretreatment Standards and Requirements 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 Requirements.
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(b) Average and maximum daily flow for these process units in the
user facility.
The report shall also state whether the applicable Pretreatment Standards or
Requirements are being met on a consistent basis and, if nct, 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) Periodic Compliance Reports.
(a) Any User subject 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 daily flows which during the reporting period exceeded
the average daily flow reported in paragraph (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, _ etc., the Utilities
Director may agree to alter the months during which the above reports are to be
submitted.
(~) The Utilities Director may impose mass limitations on
Users which are uSJ.ng 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 subparagraph (a) of this
paragraph 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 Pretreatment
Standard. All analysis shall be performed in accordance with procedures
established by the EPA Administration pursuant to section 304(g) of the Act and
contained in 40 CFR, Part 136 and amendments thereto or with any other test
procedures approved by the EPA Administrator. sampling shall be performed in
accordance with the technique approved by the Administrator.
(4) Baseline Monitorina Report.
a. A Baseline Monitoring Report (BMR) must be submitted to the
Manager by all categorical industrial users at least ninety
(90) days prior to initiation of discharge to the sanitary
sewer. The BMR must contain, at a minimum, 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 Ordinance,
state and/or federal pretreatment standards and sample
type and location;
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(5) information concerning any pretreatment equipment used
to treat the facility's discharge.
b. All new sources of industrial discharge must be in compliance
with all provisions of this Ordinance prior to conunencement of
discharge.
(5) Notice of Potential Problems. Industrial Users shall
notify the Utilities Director inunediately of - all discharges (including slug
discharges) that could cause problems to the POTW.
(6) Reoort Receiot and Analvsis. Upon receipt of the compliance date
reports, periodic compliance reports and other required reports from the IU's,
the city of Jeffersonville 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 Pretreatment Compliance
Monitoring Enforcement (PCME) software. The reports are then distributed to the
Pretreatment Coordinator and staff members for review and analysis with respect
to the individual IU's permit and the pretreatment program requirements.
10\ MONITORING FACILITIES
The Control Authority shall require to be provided and operated at
the User'g own 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, 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.
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples for analysis. The
facility, sampling, and measuring equipment shall be maintained at all times in
a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and
monitoring facilities 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.
IE) INSPECTION AND SAMPLING
The Utilities Director or an authorized representative shall inspect
the facilities of any User to ascertain whether the purpose of this Ordinance is
being met and all requirements are in compliance. Persons 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 all 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.
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IF) RIGHT 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 products used
within the facility, both in the industrial processes, and for all other uses.
(G) RECORD-KEEPING REOUIREMENTS
The User shall conform to the record-keeping requirements of 40 CFR
403.12 (0) . The Utilities Director shall have authority to inspect and copy
records as noted in 40 CFR 403.12(0)(2).
(H) PRETREATMENT/NONCOMPLIANCE REPORTING
Users shall provide necessary wastewater treatment as required to
comply with this Ordinance 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 to the Control
Authority under the provisions of this Ordinance. 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' sinitiation of the
changes.
All records relating to compliance with Pretreatment Standards shall
be made available to officials of the State, EPA, and/or the Board of Public
Works upon request.
(I) CONFIDENTIAL INFORMATION
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.
When requested by the person furnishing a report, the portions of a
report which might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available upon written
request to governmental agencies for uses related to this Ordinance, 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.
CHAPII/90l67/32891
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Information accepted by the Board as confidential, shall be treated
in accordance with the "Public Information" procedures of 40 CFR 2.302.
(J) LIST OF SIGNIFICANT INDUSTRIAL USERS
The City of Jeffersonville 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 IU's file is
updated as necessary. In addition, a list of the Significant Industrial Users
within the Jeffersonville Pretreatment Program is maintained by the City of
Jeffersonville and provided to the Approval Authority on a quarterly basis. A
copy of the Quarterly Industrial User Summary Sheet is included in Section IV.
CHAPII/90l67/3289l
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) ENFORCEMENT; ENFORCEMENT RESPONSE PLAN
SECTION 50.40 ENFORCEMENT PROCEDURES
(A) ENFORCEMENT 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 (f)(5).
(B) ADMINISTRATIVE ENFORCEMENT
(1) Notification of Violation (NOV):
Whenever the Control Authority finds that a User has violated or
is violating this Ordinance, 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 the violation per the adopted Enforcement
Response Plan. Within ten (10) 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
liability 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 as Compliance Orders issued pursuant to
paragraph 4, below.
(3) Show Cause Hearing:
(a) The utilities Director may order any Industrial User which
causes or contributes to violation of this Ordinance 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 (10)
days prior to the hearing. S,uch 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 hearing as noticed, immediate enforcement action may
be pursued.
(b) The Board of Public Works may itself cpnduct 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:
o 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.
. 0 Take the evidence.
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o Transmit 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 be made available to any member of the public
or any part of the hearing 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 Ordinance 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 as 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 Ordinance 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 remedial or preventive action as may
be needed to properly address a continuing or threatened violation, including
halting operations and terminating the discharge.
(6) Aclministrative Penalties:
Any User who is found to have violated any prov~s~on of this
Ordinance, or the Orders and Permits issued hereunder, may be fined by the
Control Authority in an amount not to exceed $1,000.00 per violation. Each day
on which noncompliance shall occur or continue may bedeerned 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 (10) 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 fifteen (15) days of receiving the request from the Industrial
User.
(7) Emergency suspensions:
(a) The Control Authority may suspend the wastewater
treatment service and/or 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:
o An imminent or substantial endangerment to the health
or welfare of persons, or the environment.
CHAPII/90l67/3289l
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o An interference or pass through.
o 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 fourteen (14) days of
th.. notice of suspension to determine whether the suspension may be lifted or the
User's waste discharge Permit terminated. 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 immediate severance or
plugging the sewer connection, to prevent or minimize damage to the POTW 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.
(8) Termination of Permit:
Any User who violates the following conditions of this
Ordinance or an Industrial 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 in 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 Permit conditions.
Noncompliant Industrial Users will be notified of the proposed
termination of their Industrial Discharge Permit and be offered an opportunity
to show cause under paragraph (B) (3) i hereinbefore, why the proposed action
should not be taken.
(C) JUDICIAL REMEDIES
(1) Legal Action:
If any person discharges sewage, Industrial wastes, or other
wastes into the wastewater treatment system contrary to .the provisions of this
Ordinance or any Order or Permit issued hereunder, the Utilities Director,
through the City Attorney, may commence an action for appropriate legal and/or
equitable relief in the Circuit court for clark county.
CHAPII/90167/32891
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(2) Injunctive Relief:
.-
Whenever an Industrial User has violated or continues to
violate the provisions of this Ordinance or an Order or 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
Industrial 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.
PENALTY; COSTS
SECTION 50.50 PENALTY, COSTS
(A) CIVIL PENALTIES
(1) Any Industrial User who has violated and/or continues to violate
this Ordinance or any Order or Permit issued hereunder, shall be liable 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) CRIMINAL PROSECUTION
(1) Violations - General:
(a) Any Industrial User who willfully or negligently violates any
provision of this Ordinance, or any Orders, or Permits issued hereunder shall,
upon conviction, 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 (1) year,
or both.
(b) In the event of a second conviction, the User shall be
punishable by a fine not to exceed $3,000.00 per violation, per day, or
imprisonment for not more than three (3) 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
Ordinance, or Permit, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this Ordinance, or
Permit, shall, upon conviction, be punished by a fine of not more than $1,000 per
violation, per day, or imprisonment for not more than one (1) year, or both.
(b) In the event of a second conviction, the User shall be
punishable by a fine not to exceed $3,000.00 per violation, per day, or
imprisonment for not more than three (3) years or both.
CHAPII/90167/32891 II-34
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SECTION 50.51 ADDITIONAL ENFORCEMENT ACTION
(A) ANNUAL PUBLICATION OF SIGNIFICANT VIOLATIONS
"
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 Ordinance,
with any provisions of this Ordinance or any Order or Permit issued hereunder
during the period since the previous publication.
(B) PERFORMANCE BOND j
ll. lll.
The control Authority may decline to reissue a Permit to any Industrial
User which has failed to comply with the provisions of this Ordinance or any
Order or previous Permit issued hereunder unless such User first files with it
a satisfactory 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) LIABILITY INSURANCE J.~l ..4:7,
The control Authority may decline to reissue a permit to any
Industrial User which has failed to comply with the provisions of this Ordinance
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.
(D) WATER SUPPLY SEVERANCE.Jl . ~t~
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.
(E) INFORMANT REWARDS lA V _t
The Utilities Director is authorized to pay up to S500 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 (10) percent of the collected fine or penalty to the
informant. However, a single reward payment may not exceed Sl,OOO.OO.
SEWER CHARGES
SECTION 50.60 SEWER SERVICE CHARGES AND RATE SURCHARGES
(A) Every person whose premises are served by the POTW of the City of
Jeffersonville, Indiana shall be charged for the services provided in accordance
with the provisions of Ordinance NO. 90-0R-60.
(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. 90-0R-60.
SECTION 50.61 SEWER TAP FEES
(A) A tap charge of S500 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.
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(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 qualifications 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 subdivision and paid, along with appropriate
inspection fees.
(D) Tap fees from multi-family units duplex shall be $600.00. OVer two-
family 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.
(E) 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.
SECTION 50.62 BILLING PROCEDURE
Rates and charges shall be prepared, billed, and collected by the City in
the manner provided by law and ordinance.
SAVING AND CONFLICT CLAUSES
SECTION 50.70 SAVINGS CLAUSE
If any provision, paragraph, word, section or article of this Ordinance is
invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections, and articles shall not be affected and shall
continue in full force and effect.
SECTION 50.71 CONFLICT
All Ordinances and parts of Ordinances inconsistent or conflicting with any
part of this Ordinance are hereby repealed to the extent of such inconsistency
or conflict.
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Passed and adopted by the ,ommon Council of the City of Je~ersOnville, Clark
C I di th q day of - I:;; " 19 . "'.;8 .4,
ounty, n ana, on e __ ~~ ~~~.
'"
,;....ji!I
,
Attest:
.
Presented by me as Clerk-Tre:rurer
this I q day of .:;:t::A_
to the~ayor 011 said City of Jeffersonville
, 199;:1. i::. It",,_
c~ t-.~
This Ordinance approved and signed by me this ~ day of ~, 199~. t'..R..J.
M~~{:{)~~r.
CHAPII/90167/32891
II-37