HomeMy WebLinkAbout1985-OR-51ORDINANCE NO. 85-OR-~
Purp~ose, Policy and objectives:
This ordinance sets forth uniform requirements'for direct
and indirect contributors into the wastewater collection and
treatment system for the City of jeffersonville, Indiana, 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
municipal wastewater treatment system which will
interfere with the operation of the system or con-
taminate the resultant sludge;
(b) To prevent the introduction of pollutants into the
municipal 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;
(d) To comply with 40 CFR 403.
Section 1: Unless the context specifically indicates
otherwise, the meaning of terms used in this ordinance shall
be as follows:
1.~ Act - The Federal Water ~ p~llution control Act
(PL 92-500) as amended by the Clean Water Act
(PL 95-217) of 1977.
2. Applicable Pretreatment Standard - Any pretreatment
limit or prohibitive standard (Federal, State and/or
Local) contained in the ordinance and considered
to be the most restrictive with which non-domestic
users will be required to comply.
3. Authorized Representative of Industrial User - An
auth6rized 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 corporatlO , (2) A general partner or proprietor
if the industrial user is a partnership or proprietor-
ship, 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.
4. Average Monthly Discharge 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.
Average Weekly Discharge Limitation The highest
allowable averages of "daily discharges" over a calen-
dar week, calculated as the sum of ali daily
discharges, measured during a calendar week divided
by the number of daily discharges measured during
that week.
Beneficial Uses These uses include, but are not
limited to, domestic, municipal, agricultural and
industrial use, power generation recreation, aesthetic
enjoyment navigation and the preservation and enhance-
ment of fish, wildlife and other aquatic resources
or reserves, and other uses, both tangible or
intangible, as specified by State or Federal /aw.
Biochemical Oxygen Demand (BOD) This shall mean
the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory
procedure in five (5) days at 20 degrees C, expressed
in milligrams per liter.
8. City Engineer This shall mean the duly appointed
City Engineer of the City of Jeffersonville, Indiana,
or his authorized deputy, agent or representative.
9. Combined Sewer - This shall mean a sewer receiving
both sewage and storm or surface water.
10. Composite Sample A composite sample should contain
a minimum of eight discrete samples taken at equal
time intervals over the composition period or pro-
portional to the flow ra~e over the compositing period.
More than the minimum number of discrete samples
may be required where the wastewater loading is highly
variable. %
11. Daily Discharge - Discharge of a pollutant "measured
during a calendar day or any 24-hour period that
12.
13.
14.
15.
reas. onab ly
of sampling."
Easement An acquired legal
use of land owned by others.
U.S.
represents the calendar
right
Environmental Protection
Environmental Protecti6n Agency,
the term Pay also be used as a
day for purposes
for the specific
Agency - The U.S.
or where appropriate
designation- for the
administrator or other duly authorized officials
of the agency.
Garbage Any solid wastes from the preparation,
cooking or dispensing of food and from handling,
storage or sale of produce.
Grab Sample A sam[.le 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.
16.
17.
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20.
21.
22.
Ground (Shredded) Garbage - 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 nc. particle
being greater than one-half inch (1/2") in dimension.
Industrial User - Any industrial or commercial estab-
lishment that discharges industrial (process)
wastewater to a publicly owned treatment works as
distinct from sanitary wastes.
Inspector - This shall mean 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
City treatment processes or operations which con-
tributes to a viOlation of any requirement of the
City's NPDES permit. The term includes prevention
of sewage sludge use or disposals by the City in
accordance with 405 of the Act, (33 U.S.C. 1345)
or any criteria, guidelines, or regulations developed
pursuant ~o the Solid Waste Disposal Act (SWDA),
the Clean Air Act,the T~xic 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
Jeffersonville.
Major Contributor - A
a flow of %more than
employed by the City of
contributor that: (a) has
twenty-five-thousand (25,000)
gallons per average workday; (b) has in its waste
a toxic pollutant in toxic amounts as defined in
Section 307 of the Federal Act; (c) has a flow greater
than' five percent of the total average City influent
to the treatment plant; (d) has in its wastes toxic
pollutants as defined pursuant to Section 307 of
the Act or State statutes and rules; or (f~ is found
by the City, State or'the U.S. Environmental Protection
Agency (EPA) to have significant impact, either by
itself or in combination with other contributing
industries, on the wastewater treatment sYstem, the
quality of sludge, the system's effluent quality
or air emissions generated by the system.
Maximum Daily Discharge Limitations - Highest allowable
"daily discharge".
May - Indicates a discretionary condition.
23.
24.
25.
National Catergorical Pretreatment standards or
26.
27.
28.
29.
30.
31.
Pretreatment Standard - Any regulation containing
pollutant discharge limits promulgated by the EPA
in accordance with Section' 307 (b) end'S(c) of the
Act which applies to a specific category of industrial
users.
Natural Outlet - This shall mean any outlet into
a watercourse, pond, ditch, lake or other body of
surface or groundwater.
New Source - Any source, the construction of which
is started after the publication of proposed regula-
tions stating a Categorical Pretreatment Standard
will be applicable to such source, provided the stan-
dard is promulgated within 120 days of its proposal
in the Federal Register. Where the standard is promul-
gated later than 120 days after its proposal, a new
source means any source in which construction is
started after the day of promulgation of the standard.
NPDES Permit - National Pollutant Discharge Elimination
SyStem permit which sets the conditions for the dis-
charge navigable waters of the United States pursuant
to Section 402 of PL 95-217.
Person - Any and all persons, including any individual,
firm, company, municipal or
partnership, co-partnership,
trust, estate, association,
private corporation,
joint stock company,
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 masculin% gender includes the feminine, the singu-
lar~ includes the plural where indicated by the context.
~ - This shall mean the logarithm of the reciprocal of
the hydrogen ion concentration, expressed in grams
per %iter of solution.
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 the chemical, ~hysical,
biological and radiological integrity of water.
Public Owned Treatment Works This shall mean all
facilities provided by the City to collect, pump,
treat and dispose of wastewater.
Pretreatment Requirements - Any substantive or pro-
cedural requirement related to pretreatment, other
than a National Pretreatment Standard imposed on
an industrial user.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Public Sewer - This shall mean a sewer in which all
owners of abutting properties have equal rights,
and is controlled by public authority.
Receiving Stream - The watercourse, stream or body
of water receiving the waters finally discharged
from the wastewater treatment plant.
Sanitary Sewer - This shall mean a sewer which carries
sewage from residences, commercial buildings, indus-
trial plants and institutions together with minor
quantities of ground, storm and surface water that
are not intentionally admitted.
Sewage - This shall mean 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 - Is mandatory.
Sludge - Any solid, semi-solid or liquid waste gener-
ated from a municipal, commercial or industrial
wastewater treatment plant, water supply treatment
plant or air pollution control facility, or any other
waste having similar and characteristics and effects
as defined in standards issued under Sections 402
and 405 of the Federal Act and in the applicable
requirements under Sections 3001, 3004 and 4004 of
the Solid Waste Disposal Act PL 94-580.
Slug - This shall mean any discharge of water, sewage
or industrial waste which
given constituent or in
for any period of duration
minutes more than five (5)
in concentration of any
quantity of flow exceeds
longer 'than fifteen (15)
times the average twenty-
four (24) hour concentration of flows during normal
operation and shall adversely affect the collection
syste~ and/or performance of the sewage treatment
plant.
Standard Industrial Classification (SIC) - A classi-
fication pursuant to the standard Industrial
Classification Manual issued by the Executive Office
of the President, Office of Management and .Budget,
1972.
Standard Methods The laboratory procedgres 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.
41.
42.
43.
44.
45.
46.
47.
Storm Sewer - (Sometimes termed "storm drain?) Shall
mean a sewer which carries storm and surface waters
and drainage, but excludes sewage and industrial
wastes, other than unpolluted co~ing water~.
Suspended Solids - This shall mean solids that either
float on the surface of, or are in suspension in
water, sewage, or other liquids, and which are remov-
able by laboratory filtering.
Toxi~ Amount - 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 (ai of PL 95-217.
Toxic Pollutant Those
substances referred to in
Section 307 (a) of the Act as well as any other known
potential substances capable of producing toxic
affects.
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, inadequase 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.
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.
Abbreviations:
BOD
CFR
EPA
IU
mg
mg/1
NPDES
O&M
POTW
SIC
TSS
WWTP
Biochemical Oxygen Demand
Code of Federal Regulations
Environmental Protection Agency
Industrial User
Milligrams
Milligrams per Liter
National Pollutant Discharge Elimination
Operation and Maintenance
- Publicly Owned Treatment Works
- Standard Industrial Classification
- Total Suspended Solids
- Wastewater Treatment Plant
System
Section 2:
(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 said City,
any human or animal excrement, garbage or other
objectionable waste.
(b) It shall be unlawful to discharge to any natural
outlet within said City, or in any area under the
jurisdiction of said City, any sewage or other polluted
(c)
waters, except where suitable
provided in accordance with
of this ordinance.
Except as hereinafter provided,
to construct or maintain any
treatment has been
subsequent provision
it shall be unlawful
privy, privy vault,
(d)
septic tank, cesspool or other facility intended
or used for the disposal of sewage.
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 ordinance, within ninety ~
(90) days after date of official notice to do so,
provided that said public sewer is within three hundred
feet of the property line.
Section 3:
(a) Where a public sanitary or combined sewer is not
available un~er the provisions of Section 2 (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 obtain
a written permit signed by the City Engineer. The
application for such permit, shall be made on a form
furnished by the Cit~, which the applicant shall
supplement by any plans, specifications and other
information as are deemed necessary by the City
Engineer. A permit and inspection fee of Four Hundred
Ten Dollars ($410.00) 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 com-
pleted to the satisfaction of the City Engineer.
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 City Engineer when
the work is ready for final inspection'and before
any underground portions are covered. The inspection
shall be made within forty-eight (48) hours of the
receipt of notice by the City Engineer.
(d) The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommeda-
tions of the Indiana State Board of Health and the
County Board of Health of the State of Indiana.
No septic tank or cesspool shall be permitted to
discharge to any natural outlet.
(e) At such time as a public sewer becomes available
to a property served by a private sewage disposal
system as provided in Section 3 (d), a direct connec-
tion shall be made to the public sewer within ninety
(90) days in compliance with this ordinance, 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 article shall be con-
strued to interfere with any additional requirements
that may be imposed by the State or County Boards
of Health.
Section 4:
(a) No unauthorized person shall u~cover, make any connec-
tions with or opening into, use, alter or disturb
any public sewer or appurtenance
thereof without
first obtaining a written permit from the City
Engineer.
(b) There shall be two (2) classes of building sewer
inspection fees: (1) for residential and commercial
service, and (2) for service to estaklishments pro-
ducing industrial waste~. An inspection fee of Ten
Dollars ($10.00) for a residential or commercial
building sewer, or Twenty-Five Dollars ($25.00) for
an industrial building sewer paid to the City at
the time the application for inspection-is filed
by the owner or his agent with the City Engineer's
office. The applicant or his agent shall also apply
for a tap-in permit at such fee as is set forth in
Section 4 of the companion rates and charges ordinance,
and which %ap-in permit application is obtainable
in the City Engineer's office. Such permit application
shall be supplemented by any plans, specifications
or other information considered pertinent in the
judgment of the Inspector.
(c) All costs and expense incident to the~installati°n
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 i~stallation of the building
sewer.
(d) 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.
(e) Old building sewers may be used in connection with
new buildings only when they are found, on examination
and test by the Inspector, to meet all requirements
of this ordinance.
if) 'The size, slope, alignment, materials of construction
(g)
(h)
of a building sewer,
excavating, placing
and backfilling the
requirements of the
and the methods to be used in
of the pipe, jointing, testing
trench shall all conform to the
building and plumbing code or
other applicable rules and ~egulations of the City.
In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in
appropriate specifications of the A.S.T.M. and W.P.C.F.
Man~al of Practice No. 9 shall apply.
Whenever possible, the building.sewer shall be brought
to the building at an 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 City Engineer
and discharged to the building sewer.
A person shall not make connection of roof' downspouts,
exterior foundation drains, area-way drains or other
sources of surface runoff or groundwater to a building
sewer to building drain which in turn is connected
directly or indirectly to a public sanitary sewer.
(i) The connection of the building sewer into the public
sewer shall conform to the requirements of the building
and plumbing code or other applicable rules and regula-
tions of the City, or the procedures set forth in
appropriate specifications of the A.S.T.M. and the
W.P.C.F. Manual of Practice No. 9. All such connec-
tions shall be made gastight and watertight and
verified by proper testing. Any deviation from the
prescribed procedures and materials must be approved
by the City Engineer before installation.
(j) The applicant for the building sewer permit shall
notify the Inspector when the building sewer is ready
for inspection and connection to the public sewer,
prior to backfilling. The connection shall be made
under the supervision of the Inspector or his repre-
sentative.
(k) 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 agree-
ment to that effect as to any losses resulting from
excavations.
Section 5:
(a) A person shall not discharge or cause to be discharged
any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling
water or u~polluted 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 City Engineer.
Industrial cooling water or unpolluted process waters
may be discharged, on approval of the City Engineer,
to a storm sewer, combined sewer or natural outlet,
providing discharge complies with Federal and State
requirements.
(c) A person shall not discharge or cause to be discharged
any of the following described waters or wastes to
any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or
gas which by reason of their nature or quantity
are, or may be, sufficient either alone or by
interaction to cause fire or explosion or be
injurious in any other way to the operation
of the POTW.
(d)
(2
(3
(4
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes,
to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard
in the receiving waters of the wastewater treat-
ment plant.
Any waters or wastes having a pH lower than
5.5 or greater than 9.5, or having any other
corrosive property capable of causing damage
or hazard to structures, equipment and personnel
of the treatment works.
Solid or viscous substances in quantities or
of such size' capable of causing obstruction
to the flow either by settling out or by matting
in the sewers, or other interference with the
proper operation of the sewage works such as,
but not limited to, ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails
and paper dishes, cups, milk containers, etc.,
either whole or ground by garbage grinders.
(5) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees F, (65C),
or would cause the treatment plant influent
to be higher than one hundred four (104) degrees F
(40 degrees C).
The followin~ described substances, materials, Waters
or wastes shall be limited in discharges directly
or indirectly into a public sewer to concentrations
or quantities which will not harm either the sewers,
sewage treatment process or equipment, will not have
an adverse effect on the receiving stream, or will
not otherwise endanger lives, limb, public property
or constitute a nuisance. The City Engineer may
set limitations lower ~han the limitations established
in the regulations below if in his opinion such more
severe limitations are necessary to meet the above
objectives. In forming his opinion as to the accept-
ability, the City Engineer will give consideration
to such factors as the quantity of subject waste
in relation to flows and velocities in the sewers,
materials of construction of the sewers, the sewage
treatment process employed, capacity of 'the sewage
treatment plant, degree of treatability of the waste
in the sewage treatment plant and other pertinent
factors. The limitations or restrictions on materials
or characteristics of waste or sewage discharged
into the public sewer which shall not be deviated
from without the approval of the City Engineer and
which shall be subject to rate surcharges as is other-
wise provided by the City as follows:
(1) Any water or wastes containing fats, wax, grease
or oils, whether emulsified or not, in excess
of one hundred (100) mg/1 or containing substances
which may solidify or become viscous at tempera-
tures between thirty-two (32) and one hundred
fifty (150) degrees F (0 and 65 degrees C).
(2) ~ny garbage that has not been properly shredded.
The installation and operation of any garbage
grinder equipped with a motor of three-fourths
(3/4) horsepower (0.76 hp metric) or greater
(3)
(4)
shall be subject to the review and approval
of the City Engineer.
Any waters or wastes containing strong acid
iron pickling wastes or concentrated plating
solutions whether neutralized or not.
Any waters or wastes containing in excess of
the following:
Arsenic .30 mg/1
Cadmium .30 mg/1
Chromium (Total) 5.00 mg/1
Hexavalent Chromium .25 mg/1
Copper 5.00 mg/1
Cyanide 2.00 mg/1
Lead .50 mg/1
Mercury .05 mg/1
Nickel 5.00 mg/t
Zinc 10.00 mg/1
or wastes exerting an excessive chlorine require-
ments, as determined by the City Engineer.
(5) Any waters or wastes containing phenols or other
'toxic, taste or odor-producing substances, in
such concentrations exceeding limits which may
be established by the City Engineer as necessary,
after treatment of the composite sewage, to
meet the requirements of the State, Federal
or other public agencies of jurisdiction for
such discharge to the receiving waters.
(6) Any radioactive wastes or isotopes of such half-
life or concentration as may exceed limits
established by the City Engineer in compliance
with applicable State or Federal regulations.
(7) Materials which exert or cause:
(ii)
(iii)
(i) Unusual concentrations of inert suspended solids
(such as, but not limited to, Fullers earth,
lime slurries and lime residues) or of dissolved
solids (such as, but not limited ~to, sodium
chloride and sodium sulfate).
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical, oxygen demand or chlorine
requirements in such quantities as to constitute
a significant load on the sewage treatment works.
Any discharge above the usual strength and char-
acter of the sewage and waste which is required
to be treated shall be surcharged as extra charges
in accordance with the rate ordinance.
(iv) Unusual volume of flow or concentration of wastes
constituting "slugs" as defined herein.
(8) Waters or wastes containing substances which
are not amenable to treatment or reduction by
the sewage treatment processes employed, or
are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot
meet the requirements of other agencies having
jurisdiction over discharge to the receiving
waters.
(9) No discharger is allowed to increase the use
of potable or process water in any way, nor
mix separate waste streams for the purpose of
diluting a discharge as a partial or complete
substitute for adequate treatment to achieve
compliance with applicable standards.
(10) National Categorical Pretreatment Standards
(11)
as promulgated by the U.S. Environmental Protection
Agency (EPA) 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 dischargers are required to comply
with all applicable requirements of the Categorical
Standards, including the filing of baseline
monitoring reports, compliance report§ and self-
monitoring reports.
The discharge must conform with City, State
or Federal limitations, whichever is more
stringent. Dischargers shall comply with the
appropriate National Categorical Pretreatment
Standards within one hundred eighty (180) days
of passage of this ordinance.
(12) Ail industrial dischargers are required to submit
periodic self-monitoring reports as directed
by the City Engineer.
(e) If any waters or wastes are discharged, or are proposed
to be discharged, to the public sewers, which waters
contain the substances or possess the characteristics,
or new or increased contribution of pollutants, or
changes in the nature of pollutants, enumerated in
Section 5(d) of this article, the City Engineer shall
be notified, in writing, prior to the initiation
of any such discharge. If in the judgment of the
City Engineer these discharges may have a deleterious
effect upon the sewage works, processes, equipment
or receiving waters, or which otherwise create a
hazard to life or 'constitute a public nuisance, the
City Engineer may:
(1 Reject the wastes;
(2 Require pretreatment to an acceptable condition
for discharge to the public sewers;
(3 Require control over the quantities and rates
of discharge; and/or
(4) Require payment to cover the added cost of han-
dling and treating the wastes not covered by
existing taxes or sewer charges under the pro-
visions of Section 5(j) of this article.
If the City Engineer permits the pretreatment or equaliza-
tion of waste flows, the design and installation of the plants
and equipment shall be subject to the review and approval of
the City Engineer and subject to the requirements of all
applicable codes, ordinances and laws. The City Engineer's
judgment in permitting waste flows shall not allow wastes to
be discharged to the sewers in concentrations in excess of
the Federal Categorical Standards.
(f) Grease, oil and sand interceptors shall be provided
when, in the opinion of the Inspector, they are nec-
essary for the proper handling of liquid wastes
containing grease in excessive amounts or any flammable
wastes, sand or other harmful ingredients; except
that such interceptors shall not be required for
private living quarters or dwelling units. All inter-
ceptors shall be of a type and capacity approved
by the City Engineer and shall be located as to be
readily and easily accessible for cleaning and
inspection.
(g) Where preliminary treatment, or interceptors as men-
tioned in the above paragraph, or flow-equalizing
facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory
and effective operation by the owner at his expense.
(h) Each industrial discharger must provide and operate
at his own expense a monitoring facility to allow
inspection, sampling and flow measurement of each
process wastewater discharge to the treatment works.
Each monitoring facility should be located on the
discharger's premises (except where such a location
would be impractical or cause undue hardship on the
discharger). The City Engineer may agree to the
facility being constructed in the public street or
sidewalk area provided the facility is located so
it will not be obstructed by landscaping or parked
vehicles. There must be ample room in or near the
sampliqg facility to allow accurate sampling and
packaging of samples for analysis. The facility,
sampling and measuring equipment must be maintained
at all times in a safe and proper operating condition
at the expense of the discharger.
All monitoring facilities must be constructed and maintained
in accordance with all applicable local construction standards
and specifications. Construction must be completedwithin one
hundred twenty (120) days following construction of the sewer
tap-ins.
(i)
Ail measurements, tests and analyses of the character-
istics of waters and wastes to which reference is
made in this ordinance shall be determined in accor-
dance with the latest edition, at the time of testing,
of "Standard Methods for the Examination Association,
and shall be determined at the control manhole provided
or upon suitable samples taken at said control manhole.
In the event %that a monitoring manhole has not been
completed, or was exempted by the City Engineer,
the control manhole shall be considered to be the
nearest downstream manhole in the public sewer to
the ~oint at which the building sewer is connected.
Sampling shall be carried out by EPA approved methods
to reflect the effects of constituents upon the sewage
works and to determine the existence of hazards to
life, limb and property. (The particular analyses
involved will determine whether a twenty-four (24)
hour composite of all ou~falls of a premise
is appropriate or whether a grab sample or samples
should be taken. Normally, but not alwayS, BOD and
suspended solids analyses are obtained from twenty-
four (24) hour composites of all outfalls whereas
pH's are determined from periodic grab sample.s).
(j) No statement contained in this section shall be
construed as preventing any special agreement or
arrangement between the City and any industrial concern
whereby an industrial waste or unusual ~strength or
character may be accepted by the City for treatment,
subject to payment therefore by the industrial concern
at such rates which are compatible with the rate
ordinance. However, this is for conventional pollut-
ants only and does not apply to National Categorical
Standards or metals as specified in this ordinance.
(k) All new discharges to the sewer system are required
to be in full compliance with this ordinance Within
one hundred twenty
of the~ sewer tap in.
Section 6:
No unauthorized person
(120) days following construction
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 sewage works. Any person violating this pro-
vision shall be subject to
disorderly conduct.
Section 7:
(a) The City Engineer,
employees of the
and identification
immediate arrest under charge of
Inspector and other duly authorized
City bearing proper credentials
shall be permitted to enter all
(b)
properties for the purpose of inspection, observation,
measurement, sampling and testing in accordance with
the provisions of this ordinance. The City has the
right to set up on the Discharger's property any
equipment that is necessary' to conduct sampling,
inspection, compliance monitoring and/or metering
operations. The City will not give notice to the
industry of an unscheduled inspection. The City
Engineer or his representatives shall have no authority
to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other
industries beyond that point having a direct bearing
on the kind and source of discharge to the sewers,
waterways or facilities for waste treatment.
While performing the necessary work on private'proper-
ties referred to in Section 7(a) above, the City
Engineer or duly authorized employees of~ the City
shall observe all safety rules applicable to the
premises established by the company and the company
shall be held harmless for injury or death to the
City employees and the City shall indemnify the company
against loss or damage to its property by City
employees and against liability claims and demands
with
for personal injury or property damage asserted against
the company and growing out of the gauging and sampling
operation, except as such may be caused by negligence
or failure of the company to maintain safe~.conditions
as required in Section 5(h).
(c) The City Engineer and other duly authorized employees
of the City bearing proper credentials and identifica-
tion shall be permitted to enter all private properties
through which the City holds an easement for the
purpose of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of
any portion of the sewage works lying within said
easement. All entry and subsequent work, if any,
on sa{d easement, shall be done in full accordance
with the terms of' the easement pertaining to the
private property involved.
Information and date furnished or obtained by the City,
respect to the nature and frequency of discharge, will
be made available to the public or other governmental agency
upon request, without restriction, unless the discharge specifi-
cally requests and is able to demonstrate to the satsifaction
of the City Engineer that the release of such information would
divulge information, methods of production entitled to protection
as trade secrets or proprietary information of the discharger.
When confidentiality is requested by a discharger furnishing
a report, the portions of a report which may disclose trade
secrets or secret processes will not be made available upon
written request to governmental agencies for uses related to
the 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 will be available for use by any State agency in
judicial review or enforcement proceedings involving the dis-
charge furnishing the report. Wastewater constituents and
characteristics will not be recognized as' Confidential
information.
Information accepted by the City Engineer as confidential
will not be transmitted to any governmental agency or to the
general public by the City Engineer unless a ten (10) day
notification is given to the discharger.
All dischargers subject to local, State or Federal regula-
tions must retain and preserve for at least three .(3) years
any records, books, documents, memoranda, reports, correspondence
and any and all summaries relating to monitoring, sampling
and chemical analyses made by or in behalf of a discharger
in connection with its discharge. All records which pertain
to matters which are the subject of any enforcement or litigation
activities brought by the City must be retained and preserved
by the discharger until all enforcement activities have concluded
and all periods of limitation concerning any appeals have
expired.
SectionS:
(a) Any person found to be violating any provision of
this ordinance except Section 6 shall be served by
the nature of
the City with written notice stating
the violation and providing a compliance schedule
for the satisfactory correction thereof.
The City may suspend the wastewater treatment service
of a discharger if it appears to the City that an actual or
threatened discharge presents an imminent danger to the welfare
of persons, to ~the environment; to the operation of the POTW,
or violates any pretreatment' limits. Any discharger notified
of the suspension of wastewater treatment service must, within
a reasonable period of time as specified by the City, cease
all pertinent discharges. If the discharger fails to comply
voluntarily with the suspension order within the specified
time, the City may immediately commence judicial proceedings
to compel the discharger's compliance with the order. The
City can reinstate the wastewater treatment service and terminate
judicial proceedings provided the discharger can prove the
elimination of the noncomplying discharge or conditions as
outlined above. The the event that any discharger shall reason-
ably appear to present an imminent endangerment to the health
or welfare of persons, the environment or which threatens to
interfere with the operation of the treatment plant, the City
may immediately suspend or halt any discharge of pollution.
The City may suspend treatment service of any discharger
failing to:
(a) Factually report the wastewater constituents and
characteristics of its discharge;
(b) Report significant changes in wastewater constituents
or characteristics;
(c) Refuse reasonable access to his premises by representa-
tives of the City for the purpose of inspection or
monitoring; or
(d) violate the conditions of the City's ordinance or
any final judicial order.
Whenever the City finds that any discharger has engaged
in conduct which justifies suspension of service,' the City
Engineer will serve the discharger with a written notice, either
personally or by certified or registered mail, stating the
nature of the alleged violation. Within ten (10) days of the
date of receipt of the notice, the discharger must respond
personally or in writing to the City Engineer advising of its
position with respect to the allegations. Thereafter, the
parties must meet to determine the seriousness of the allegations
and, where necessary, establish a plan for the satisfactory
correction of the violation.
Where a violation of the city's ordinance or of applicable
pretreatment regulations occurs and is not corrected by the
timely compliance, the City may order any discharger to show
cause before them and state why the proposed permit revocation
action should not be taken. A written notice shall be served
on the discharger by personal service, certified or registered
specifying the time and place of a hearing to be held by the
City. The hearing will consider the violation, the proposed
enforcement action, reasons why the enforcement action is to
be taken and directing the discharger to show cause before
the City as to why the proposed enforcement action should not
be taken. The notice of the hearing must be served no less
than ten (10) days before the hearing. Service may be made
on any agent, officer or authorized representative of a dis-
charger. The proceedings at the hearing will be considered
by the City and appropriate orders'with respect to the alleged
improper activities of the discharger will be issued.
If any person discharges sewage, industrial wastes or
other wastes into a City's wastewater disposal system contrary
to the municipal ordinance, Federal or State Pretreatment
Requirements, or any order of the City, the City Attorney may
commence an action for appropriate legal and/or equitable relief
in the (Circuit) Court of the County.
1. Annual Publication of violators
A list of all dischargers which were the subject of signifi-
cant enforcement proceedings pursuant to provisions of a
municipal ordinance or State or Federal Regulations during
the previous calendar year shall be published annually by the
City in "The Evening News" newspaper. The article will summarize
the enforcement actions taken against the discharger(s) during
the calendar year in which violations remained uncorrected
forty-five (45) or more days after notification of noncompliance;
or which have exhibited a pattern of noncompliance over that
one (1) year period, or which involve failure to accurately
report noncompliance.
2. Discharger's Right of Appeal
Any discharger or any interested party has the right to
r~quest in writing. an interpretation or ruling by the City
on any matter covered by a municipal ordinance and shall receive
a prompt written reply. In the event tha~ such an inquiry
is by the affec%ed discharger and deals with matters of com-
pliance with the ordinance, receipt of the discharger's request
will delay all enforcement proceedings until he received the
written reply.
3. Upsets
a. Any industrial discharger that experiences an upset in
operation which places the discharger in a temporary state
of noncompliance with the ordinance must inform the Plant
Operator immediately upon the upset occurence. When such
information is given orally, a written report must be
sent to the City within five (5) days. The report must
specify:
(1) Description of the upset, the cause and the upset's
impact on the discharger's compliance status.
(2) Duration of noncompliance, including times and dates
of noncompliance.
(3) Steps taken or to be taken to reduce, eliminate and
prevent recurrence of such an upset.
(4) All industrial dischargers shall prepare a Spill
Prevention Control and Countermeasure Plan as directed
by the City Engineer.
A documented and verified operating upset may be an affirma-
tive defense to any enforcement action brought by the City
against a discharger or noncompliance if the requirements of
40 CFR 403.16 (c) are met.
b. Any person who .shall continue any violation beyond the
time limit provided for in Section 8(a) shall be guilty
of a misdemeanor and on conviction thereof shall be fined
in the amount not exceeding Two Thousand Five Hundred
Dollars ($2,500.00) for each violation. Each day in which
any such violation shall continue shall be deemed a separate
offense.
Any discharger who is found to have violated an order
of the City or who has failed to comply with any ordinance
provisions, applicable Federal/State Regulations, rules of
the City or orders of any court of competent jurisdiction,
may be subjected to the imposition of a civil penalty. The
mechanism whereby a civil penalty may be levied is governed
by local and/or State statute.
c. Any person violating any of the provisions of this ordinance
shall'become liable to the City for any expense, loss or
damage occasioqed the City by reason of such violation
regardless of whether or not he shall be found guilty
of a misdemeanor if a court of competent jurisdiction
finds that his action or inaction is in violation of this
ordinance or caused damage to the City.
The City will bill the discharger for the costs incurred
by any cleaning, the repair or replacement work caused by the
violation or discharge. Refusal to pay the assessed cost would
constitute a violation enforceable under ordinance provisions.
Any person who knowingly makes any false statement, repre-
sentation or certification in any application, report or other
document required by the municipal ordinance or other applicable
regulations, or who tampers with or knowingly renders inaccurate
any monitoring device, will, upon conviction, be punished by
the imposition of a civil penalty as required by local and/or
State statutes.
Section 9:
All ordinances or parts of ordinances in conflict herewith
are 'hereby repealed, including specifically Ordinances 1368
and 1406, and 75 or 27. The invalidity ofany section, clause,
sentence or provision of this ordinance shall not affect the
validity of any other part of this ordinance which can be given
effect without such invalid part or parts.
Section 10:
This ordinance shall be in full force and effect from
and after its passage and signing by the Mayor and publication
as required by law.
Passed this ~ day
of ~ p -c~ ~ , 1985.
ATTEST:
C. RICHARD SPENCER, ~R.
CLERK-TREASURER
Presented by me as Clerk-Treasurer to the Mayor
-~9 day ~f ~ ~ ~~.
City of JefferSonville%this
1985.
of said
Approved and signed
~~-~_ , 1985.
by me this ~.o_}~ day
of
M~YO~-D~I~E~.- O~EM -