HomeMy WebLinkAbout2004-OR-112004 SEWER USE ORDINANCE
2004-OR-11
Section 50.01- Purpose, Policy & Objections
This Ordinance sets forth uniform requirements for direct and indirect
contributors into the Jeffersonville wastewater collection and treatment system
(the "POTW") and enables Jeffersonville (the "City") to complywith all
applicable State and Federal hws required bythe Clean Water Act of 1977, as
amended and the General Pretreatment Regulations (40 CFR Part 403), as
amended. The objectives of this Ordinance are:
To prevent the introduction of pollutants into the POTW which
interfere with the operation of the System or contaminate the
resultant sludge;
To prevent the introduction into the POTW of pollutants that pass
inadequatelytreated through the POTW into receiving waters or
otherwise are incompatible with the POTW;
(C) To improve the opportunityto recycle and reclaim wastewaters and
sludges from the System; and
To complywith all applicable State and Federal hws required bythe
Clean Water Act of 1977 and the General Pretreatment Regulations
(40 CFR Part 403), as amended.
Section 50.02 - Definitions
For the pttrpose of this Ordinance the following definitions apply unless
the context clearly indicates or requires a differem meaning.
"Act" The FederalWater Pollution Control Act (PL 92-500) as
amended bythe Clean Water ACt (PL 95-217) of 1977.
"Applicable Pretreatment Standard" The most restrictive
pretreatment limit or prohibitive standard contained in either federal, or state
statutes or regulations, or local ordinances or duly-adopted programs, with
Ha Legal/sewer/2004 Se~er Use Ordinance 1
which Industrial Users (as defined herein) as well as other users of the POTW
must comply.
"Approval Authority" The Director of the Indiana Department of
Environmental Management ("IDEM").
"Authorized Representative' [of User] One of the following:
(1) In a corporation, a principal executive officer holding the office of at
least vice-president;
(2) In a partnership or limited liability company, a partner or manager,
respectively;
In a sole proprietorship, the proprieton or
((~I The duly-authorized representative of the individuals designated
herein, if that representative is responsible for the overall operation
of the facilities from which the User's discharge originates.
"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 bythe number of
daily discharges measured during that month.
"Average Weekly Discharge L~matatton The highest allowable
average of d_~ily discharges over a calendar week, calculated as the sum of all
daily discharges measured during a calendar week divided bythe number of
daily discharges measured during that weelc
"Beneficial Uses" These uses include, but are not limited to domestic,
municipal, agricultural, and industrial uses, power generation, recreation,
aesthetic enjoyment, navigation, and the preservation and enhancement of fish,
wildlife, and other aq.~u~, ti,c resources or reserves and other uses, both tanglble
or intangible, as specified by state or federal law.
"Board of Public Works" ("BPW") The duly-appointed Board of
Public Works and Safety of the City of Jeffersonville, Indiana.
"BOD" Biological Oxygen Demand.
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"Categorical Industrial User ("CIIY') A discharger that is regulated
by discharge limits promulgated by the EPA in accordance with Section 307 00)
and (c) of the Act (33 U.S.C 1347), which applies to specific categories of
Industrial Users.
"CFR" The Code of Federal Regulations.
"City" The duly-constituted municipal corporation of the City of
jefferSonville, Indiana, the Jeffersonville Board of Public Works and Safety, the
Jeffersonville Sanitary Board, and/or their authorized representative(s).
"City Engineer" The duly-appointed CityEugineer of the Cityof
Jeffersonville, Indiana or the City Engineer's authorized deputy, agent, or
representative.
"Combined Sewer" A collection line of the POTW receiving both
sewage and storm or surface water.
"Compatible Pollutant" BOD, suspended solids, pI~ fecal coliform
bacteria and such additional pollutants as are now, or may be in the future,
specified and controlled in the City's NPDES permit fOr its POTW, if the
POTW is designed and used to reduce or remove the Pollutants to the degree
required bythe POTW'S NPDES permit.
"Composite Sample" A sample containing a minimum of eight
discrete samples taken at equal time intervals over the composition period and
proportional to the flow rate over the composition period.
"Control Authority" The Jeffersonville Sanitary Board or the BPW
acting through the City Engineer, the City Attorney or an authorized
representative.
"Cooling Water" Water discharged from a use, eg air conditioning,
cooling or refrigeration, during which the only pollutant added to the water is
heat.
,,r~ll,~ Discharve" Dischame of a pollutant measured during a
.~,~..l~'d~;~ ~r any 2;-*l~our veriod ~at reasonably represents the calendar day,
for purposes of sampling.
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"Direct Discharge" The discharge of treated or untreated wastewater
directlyto anywaters o~ the State of Indiana.
"Domestic Waste" Liquid waste from the non-commercial
preparation, cooking or handling of food, or containing human excrement and
similar matter from the sanitary conveniences of dwellings, commercial and
industrial facilities and institutions.
"Easement" An acquired legal right for the specific use of land owned
by another.
"EPA" or"U. S. Environmental Protection Agenc)~' or"USEPA'
The U.S. Environmental Protection Agency, or its administrator or other duly-
appointed agent or official.
"Garbage" Anysolid wastes fromthe preparation, cooking or
dispensing of food and from handling, storage or sale of produce.
"Grab Sample" A single sample taken from a waste stream with no
regard to the flow in the waste stream and without consideration of time.
"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 no particle being greater that
one-half inch in diameter.
"Holding Tank Waste' Any waste from holding tanks including but
not limited to vessels, chemical toilets, campers, trailers, septic tanks, and
vacuum pump tank tracks.
"Incompatible Pollutant" All pollutants other than those defined in
this ordinance as "compatible pollutants."
"Industrial Discharge" The discharge orthe introduction of
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pollutants, including holding tank waste but not mc uding other domestic
waste, from any source regulated under section 307(b), (c) or (d) of 33 U.S.C~
1317, into the POTW.
"Industrial Discharge Permit" A permit issued bythe Control
Authority to an industry'to permit the deposit or discharge of industrial
wastewater into the POTW.
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"Industrial User" or"IlY' Anyuser of the POTWthat is a source of
industrial discharge as defined herein.
"Industrial Waste" Liquid waste resulting from the processes
employed in industrial, manufacturing, trade or business establishments as
opposed to domestic waste, defined herein.
"Influent" Water, together with any wastes that may be present,
flowing into a draith sewer, receptacle or outlet.
"Inspector" The person(s) duly authorized bythe Gtyto inspect and
approve the installation and connection to the POTW of sewers for any
building or other structure.
"Interference" Any imhibirion or disruption of the POTW treatment
processes or operations, contributing to a violation of any requirement of the
Citfs NPDES permit 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 me employed bythe
POTW, including but not limited to prevention of the POTW's use or disposal
of sewage sludge in accordance with section 405 of 33 U.S.C. 1345.
,'MaxlmumAllowable industfialLoadir~g. '~r"MAIL" The total
daily mass that a POTW can accept from all perrmtte Industrial Users and
ensure the POTW is protecting agalnsi pass through and interference.
"Maximum Daily Discharge Limits" Limits the Control Authority
places on a User's greatest allowable daily discharge.
,, · · atment Standard" Regulations
Nattonal Categorical pretre
· ' ollutant discharge limits promulgated bythe EPA in accordance
containing p
with section 307(b) and (c) of the Act, which applies to a specific category of
Industrial Users.
-Natlonal Pollutant D~s charge Elnmnat~on System or"NPDES'
The program for issuing, condifionlng and denying permits for the discharge of
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pollutants from point sources into the navigable waters, contiguous zone and
the oceans pursuant to section 402 of the Act.
"New Source" Any building, structure, facility or installation from
which there is or may be a discharge of pollutants, the construction of which
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commenced after the publicauon o proposed Pretreatment Standards under
Section 307 (c) of the Act which will be applicable to such source of such
Standards are thereafter promulgated in accordance with that section.
"O & M" Operation and Maintenance.
"Owner" AnyPerson (as defined below) that holds a possessory
interest in property within the jurisdiction of the Control Authority, including
that Person's agems, contractors, successors, representatives and assigns.
"Pass Through" A discharge which exits the POTW in quantities or
concentrations which, alone or with discharges from other sources, causes a
vlohfion of the POTW's NPDES permit.
"Person" Any and all persons, including any individual, firm, company,
municipal or private corporation, partnership, ct>partnership, joint stock
company, limited liability company, trust estate, association, society, institution,
ente rise, governmental agency, the State of Indiana, the United States .of
ot or
The maso~lirt, e gender includes the feminine, and the singular includes the
plural where indicated by context.
"pH" The logarithm of the reciprocal of the hydrogen ion
concentration, expressed in standard units.
"Pollutant" Any physical parameter or substance which, when
discharged into the influent waters of the POTW orthe waters of the State,
could alter the physical, chenncal, bolog~cal or radlolog~cal mtegnty of those
waters. The term includes, but ~s not limited to, dredged soil, solid waste,
incinerator residue, sewage, garbage, sewage s!u, dge, munitions, chemical . .
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and agricultural
~-/tsteo
"pollution" The man-made or man-induced alteration of the chemical,
· · f bywaste,
physical, biological or radiological mtegnty o the waters of the state
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to a degree which unreasonably affects such waters for beneficial uses or
unreasonably affects facilities which serve such beneficial uses.
"Pretreatmenff The reduction of the mount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to, or in lieu of, discharging or
otherwise introducing those pollUtants into the POTW. The reduction or
alteration may 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 City's duly-appointed Pretreatment
Coordinator, or an authorized representative of that Pretreatment Coordinator.
"Pretre atme nt Program" The Pretreatment Program adopted by the
Jeffersonville Sanitary or the BPW to regulate Industrial Users of the POTW.
Pretreatment Requirements" Any substantive or procedural
pretreatment requirement, other than a National pretreatment standard,
imposed on Industrial Users.
"Publicly Owned Treatment Works' or"POTW" The City's
treatment works as defined bySection 212 of 33 U.S.G 1292 that is managed
bythe Control Authority. This definition includes any sewage collection lines
that convey wastewater to the POTW treatment plant, including those lines
located outside the City's municipal boundaries, but does not include pipes,
sewers or other conveyances not connected to a facility providing treatment.
"Receiving Stream" The watercourse, stream or body of water
receiving the waters finally discharged from the POTW.
"Sanitary Sewer" A sewer collection line that carries sewage from
residences, commercial and industrial facilities and institutions together with a
minor amount of ground, storm and/or surface water that is not intentionally
admitted to the line.
"Sewage" A combination of the water-carried wastes from residences,
commercial and industrial facilities and institutions together with any ground,
surface and/or stormwater as maybe combined with the wastes.
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,,Standard Industrial Chssification" or"SIC" Aclassification of
Industrial Users pursuant to the Standard Industrial Classification Manual
issued bythe Executive Office of the President, Office of Management and
Budget in 1972.
"Significant Industrial User" or"SILW Defined according to 40 CFR
403.3(t) as:
(A) Any Categorical Industrial User ("CILP); or
(B) Any other Industrial User ("IU") that:
(1) Discharges 25,000 gallons per day or more of process
wastewater;,
(2) Contributes a process waste stream totaling five percent (5%)
or more of the average dryweather hydraulic or organic
capacity of the POTW; or
(3) Is designated as s~gnff~cant byth Control Authoritybecause
it has a reasonable potential for adversely affecting the
POTW's operation or for violating a pretreatment standard or
requirement.
"S~gmficant Noncompliance or"SNC' An Indusmal User s
violation that meets one or more of the following criteria according to 40 CFR
403.8 (f) (2) (vii):
(A) Chronic violations of wastewater discharge limits, in which sixty-six
percent (66O/o) or more of the measurements taken during a six-
month period exceed the daily maximum limit, or an average limit,
for the same pollumt;
(B) Technical Beview Criteria ("TRC') viohtions, in which thirty-three
percent (33%) or more of all of the measurements for each
pollutant parameter taken during a six (6)-month period equal or
exceed the product of the daily maximum limit or the average limit
multiplied bythe applicable TRC (TRC = 1.4 for BOD, TSS, fats,
oil and grease, and 1.2 for all other pollutants except pi-L)
(Q Any other viohtion of a pretreatment effluent lLmit, either a daily
maximum or a longer-term average, that the Control Authority
determines has caused, alone or in combination with other
discharges, Interference, Pass Through, or endangerment of the
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health of the general public or POTW personnel.
(D) Any discharge of a pollutant that has caused imminent
endangerment to human health or welfare or to the environment, or
has resulted in the Control Authority's exercise of its emergency
anthority under paragraph (f) (1) (~ (B) of this section to halt or
prevent such a discharge;
(E) Failure to meet a compliance schedule milestone contained in a
local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance
for ninety (90) days after the scheduled date;
Failure to provide required reports, including bu not limited to
(F) baseline monitoring reports, ninety (90)-day compliance reports,
periodic self-monitoring reports and reports on compEance with
compliance schedules, for thirty (30) days after the due date.
(G) Failure to accurately and promptly report noncompliance;
(H) Any other violation or group of violations that the Control
Authority determines will adversely affect the operation or
implementation of the local pretreatment prograr~
"Sludge" Anysolid, semi-solid, or liqnid waste generated fromthe
· · ' ' ' d effects as defined
POTW, or any other waste having similar charactensucs an
in standards issued under Sections 402 and 405 of the Act and in the applicable
requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal
Act, Public Law 94-580.
"Slug" Anysingle discharge of anytoxic, conventional or non-
conventional pollutant of such volume or strength as to cause interference to
the POTW.
-Standard Methods". The laboratory procedures set forthinth, e htest
edition, at the tau of analys~s, of "Standard Methods for the Examinauon 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.
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"Storm Drain" A sewer which carries storm and surface waters and
drainage, but not sewage or industrial wastes, other that unpolluted cooling
water.
"Storm Sewer" See Storm Drain, above.
"Storm Water" Anywater flowoccumng during or immediately
following any form of natural precipitation and resulting from that
precipitation.
"Suspended Solids" Solids that either float on the surface of, or are
suspended in, water, sewage, or other liquids, and that are removable by
laboratory filtering.
"Total Toxic Organics" or"TTO's" The sum of the concentrations
for each of 111 specific organic compounds listed in 40 CFR 433.11(e)found in
the discharge at a concentration greater than ten (10) micrograms per liter.
"Toxic Amount" Concentrations of any Pollutant or combination of
Pollutants that upon exposure to any organism will cause an adverse effect on
the organism including but not limited to cancer, genetic mutations and other
physiological or psychological manifestations, as defined in standards issued
pursuant to Section 307(a) of Public Law 95-217.
"Toxic Pollutants" Those substances referred to in Section 307(a) of
the Act as well as any other known substances potentially capable of producing
toxic effects.
"TSS' Total Suspended Solids.
"Unpolluted Water" Water that does not contain any pollutants
limited or prohibited bythe effluent standards in effect at the time of
measurement, and that will not cause any violation of receiving water quality
standards if discharged into receiving waters.
"Upset" An exceptional incident in which a User unintentionally and
temporarily is in a state of noncompliance with the Applicable Standard due to
factors beyond the User's reasonable control, excluding noncompliance caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, hck of preventative maintenance, or careless or improper
opemhon of the facilities.
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"User" Anyperson who discharges, causes, or permits the discharge of
wastewater into the POTW.
"Wastewateff' The liquid and water-carded industrial and/or domestic
wastes from dwellings, commercial and industrial facilities and institutions,
together with any groundwater, surface water and/or stormwater that may be
present, whether treated or untreated, that 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 System" or"System" Any devices, facilities,
structures, equipment or works owned or used bythe City for the purpose of
the transmission, storage, treatment, recycling and reclamation of industrial and
domestic wastes, or necessaryto recycle or reuse water at the most economical
cost over the estimated life of the System, including intercepting sewers, ouffall
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 public 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 the National Pretreatment Program, 40 CFR 403.
Section 50.03 - Prohibitions
(A) It is unlawful for anyPerson to place, deposk, or permit to be
placed or deposited, any human or animal excrement, garbage or
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other objectionable waste in an unsankary manner on public or
private property in any area under the Control Authority's
jurisdiction.
It is unlawful to discharge any sewage or other polluted waters to
(B) any natural stream or other watercourse in the Control Authority's
jurisdiction, except after suitable treatment has been provided in
accordance with the provisions of this Ordinance and all applicable
state and federal laws.
(C) Except as otherwise provided in this Ordinance, k is unlawful to
construct or maintain any privy, privy vault, septic tank, cesspool, or
other facility intended or used for the disposal of sewage.
(D) It is unlawful for any person to break, damage, &stroy, un.cover,
deface, or tamper with any structure, appurtenance, or equipment
that is a part of the POTW prior to receiving specific written
authorization to do so from the proper City official Any person
viohting this provision is subiect to immediate arrest under a charge
of disorderly conduct and fines as provided in this Ordinance.
(E) It is unlawful for any person to uncover, make any connections
with or opening into, use, alter, or disturb any portion of the
POTW, including collection lines, without first obtaining a written
permit fromthe CityEngineer.
Section 50.04 - Connection to POTWRequired
for human occupancy,
(A) The Owner of any propertyused ' ' e
employment, recreation, or other purposes within th Control
Authorky's jurisdiction must install suitable sewage waste facilities
therein.
(B)
The Owner of any propertyused for human occupancy,
employment, recreation, or other purpose, situated within 300 feet
of one of the City's public sanitary or combined sewer lines, must
connect the sewage waste facilities required bySection 50.04 (A),
above, directly with the proper POTW collection line within 90
dan after the Control Authority gives the Owner written notice to
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do so, in accordance with the provisions of this chapter.
(C) Any property not connected to the POT~ within 90 days after the
date the Control Authority gives the Owner written notice to do so,
maybe declared a public nuisance bythe Jeffersonville Sanitary
Board, the Jeffersonville BPW, or a court of competent jurisdiction.
The public nmsanc maybe abated, and the Owner fined or
otherwise punished, under the penalties that are presently provided
for public nuisances in the jeffersonville Municipal Code, in the
Indiana Code or under applicable case law.
Section 50.05 - Private Sewage Disposal Systems
(A) If the POTW is not available under the provisions of Section 50.04,
the proper~s sewage waste facilities must be connected to a Private
Sewage Disposal System complying with the provisions of this
section.
· ' Sewage
(B) Before commencement of constmcuon of a Pnvate
Disposal System, the Owner must first obtain a written permit
signed by the City Engineer. The Owner must apply for the permit
on the Control Authority~s form and must supplement the
specifications or other information that
application with any plans, paythe City a
is required bythe CityEngineer. The Owner must
permit and inspection fee of $410.00 with submission of the
application.
(C) A Private Sewage Disposal System permit is not e~fect~ve until th
installation is completed to the satisfaction of the CityEngineer.
The Inspector mayinspect the construction at any stage. The
Owner must notify the City Engineer twenty-four (24) hours before
the Private Sewage Disposal System is ready for final inspection and
before any underground pordons are covered.
(D) The type, capacity, location and layout of a Private Sewage Disposal
System must complywith all reco~nendations of the State and
CounwBoards of Health. No septic tank or cesspool may
discharge to any natural outlet. The Owner must ope.rate and
maintain the Private Sewage Disposal System in a samtary manner
at all times at no expense to the City. I~lo statement contained in
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this section maybe construed to interfere with any additional
requirements that the State or County Boards of Health may
impose.
(E) When the POTW becomes available to a property served by a
Private Sewage Disposal System, the Owner must make a direct
connection to the POTW within 90 days after the Control
Authority gives the Owner written notice to do so. Immediately
after connection to the POTW, an..y, septic tan~s., c?ssp, ools ~or
similar private sewage disposal, facilities must be abanctonea?.
cleaned of sludge, and filled with clean bank-nm gravel or dirt.
BUILDING SEWERS
Section 50.15 - Applications and Impections
(A) An Owner must apply to the City at the office of the City
Engineer, or such other office as is designated bythe City
Engineer for a penuit to connect to the City sewer System. At the
time the Owner applies for connection, the Owner must pay the
City a up-in fee at the currently established rate, an inspection fee
of $25.00 for a residential or a commercial building and $100.00
for an industrial facility, and any other avaik],b,!lity fee_ es.?blis .h:,d
for the property on which the proposed building or facility wtu
located.
(B) The r)ermk application must be supplemented with any plans,
spec}fications or other information considered pertinent in the
judgment of the City Engineer or the Inspector assigned to the
application.
(C) If the initial inspection reveals that the connection to the POTW
is not in compliance with either this Ordinance or any other
applicable laws, regulations or requirements, the Owner must
correct the deficiencies in the connection and request an
additional inspection.
(D) The owner must paythe City a re-inspection ~e of $25.00 in
advance of the re-inspection
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(E)
If the owner requests that the City Engineer or Inspector make a
required inspection or re-inspection after 4:00 p.rr~ on a normal
workday, or at anytime on a Saturday, Sunday or scheduled
holiday, the inspection fee will be $100.00 for residential or
commercial structures and $150.00 for industrial structures.
Section 50.16 - Costs and Expenses of Installation and Connection of
Building Sewer;, Indemnification
The Owner bears all costs and expenses incident to the installation and
connection of the building or facilityto the POTW. The Owner must
indemnify the City and hold it harmless from any loss or damage directly or
indirectly caused bythe Owner's installation of the connection to the POTW.
Section 50.17- Separate Connection to Sewer Required
(A) Each building or facility must be provided a separate connection to
the POTW.
(B)
Upon the Owner's request, the City Engineer may allow two
buildings to share a connection to the POTW if one building stands
at the rear of another on an interior lot and the Owner cannot
construct a connecuon to the rear building throug an adjoining
alley, courtyard or driveway.
(c)
The City does not assume any responsibility for damage caused by
or resulting from the use of a common connection to the POTW by
two or more buildings.
Any new construction or reconstruction within the combined sewer
service area shall include separate connections to the combined
sewer for sanitary wastewater and stormwater/groundwater to
facilitate disconnection if a separate storm sewer becomes available.
Section 50.18 - Use of Old Building Sewers with New Buildings
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(c)
Upon demolition of any structure that is connected to the POTW,
the connection line must be permanently watertight capped and
marked for identification by taping a length of brightly colored
plastic rope to the end of the connection line and extending the rope
through the backfill to the surface of the ground.
The Owner of the demolished structure must notifythe Gty of the
location of the capped connection line at least twenty-four (24)
hours in advance of the completion of the demolition and capping.
If the connection to the POTW used by a previously existing
structure has not been used for six (6) months, a new structure may
not use that connection.
Within six (6) months of the termination of use of a sewer
connection line, the Owner may reconnect a structure to the line if
the City inspects and tests the line (after the Owner properly
requests inspection and pays applicable inspection fees) and finds
the line acceptable.
Section 50.19-- Specifications For Construction
(A) The size, slope, alignment and 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 must all conform to the
requirements of the City's building and plumbing code and all other applicable
local, State and Federal statutes, rules and regulations. In the absence of code
provisions or in amplification thereof, the materials and procedures set forth in
appropriate WEF (a.k.a.W.P.C~F.) Manual of Practice No. 9 shall apply. (See
Diagram in Ordinance 89-OR-11).
(B) All Owners and Users must adhere to the following rules and
regulations:
(1) No Person may construct a new Combined Sewer, however after
reviewing an analysis of the feasibility of separation prepared by a
licensed engineer and submitted with the Owner's request to allow
reconstruction of an existing Combined Sewer, the CityEngineer may,
in his/her sole discretion, allow reconstruction of an existing Combined
Sewer.
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(2) All new Sanitary Sewers and lift stations must be approved by the
City Engineer before construction;
(3) Design must meet local, state and "Ten States" standards;
All required construction permits must be obtained from the
City or the State of Indiana before the CityEngineer will
approve sewer construction;
(5) Owners must obtain a Street Cutting Permit from the City
Engineer before commencing construction;
Owners must submit Preliminary plans and sketches to the
CityEngineer to allow revision of &tails before final
drawings are completed. The City Engineer will generally
require a meeting between the City Engineer, Design
Engineer and the Owner,
Where new sewer collection lines will penetrate a flood wall,
the design must be in accordance with a permit obtained from
the U. S. Army Corps of Engineers through the Jeffersonville
Flood Control District;
The Owner must maintain all sewer improvements
constructed for a period of one year after final inspection.
The CityEngineer may, at his/her discretion, require that the
Owner post a one-year letter of credit or a surety bond
payable to the City equal to the cost of construction of the
improvements guaranteeing maintenance of the
maprovements;
(9) Requirements for gravity sewer pipe installation are as follows:
(a) All pipe installed must be SDR 35 or heavier,
(b) For single-family dwellings, the Owner must install a
minimum of four-inch O-ring pipe, however the Inspector may
accept four-inch glue joint pipe at his/her sole discretion;
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(c) For structures larger than a single-family dwelling and
for all commercial and industrial development, the Owner must
install a minimum of six-inch O-ring pipe, however the Inspector
may accept six-inch glue joint pipe at his/her sole discretion;
(10) In all structures, Owners must install two cleanouts, one near
the structure and one in the easement at the road, and a backwater valve
conforming to ANSI Al12.I4.1 listed in Appendix A of the 1987 BOCA
National Plumbing Code adopted by the State of Indiana;
(11) The backwater valve must be located and installed so that its
working pans will be readily accessible for service and repairs. The
backwater valve must be placed upstream of the required cleanouts.
(12) The cleanout nearest the structure must be the same size as
the building OwneFs sewer line. This cleanout must be located
immediately downstream of the backwater valve. If the backwater valve
is located inside the structure, the cleanout must be located outside of
the structure as required bythe plumbing code. The second cleanout
must be installed in the easement near the point where the structure's
sewer line connects to the POTW. The cleanout in the easemem must
be a minimum of six (6)inches.
(C) Force Mains.
(1) Force main pipe must 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
forty-two (42) inches;
(b) Thrust blocks of poured concrete must be used at
all vertical or horizontal deflection points;
(c) Backfilling must be the same as for gravity sewers;
(d) At creek or stream crossings, the force main must
be encased in concrete for six (6)feet on each side of
18
the stream and may not be backfilled until inspected by
the City Engineer. A forty-two (42) inch cover must be
maintained; and
(e) After installation of the force main, all earth must
be graded, seeded and strawed in accordance with the
City's specifications.
(E) Gravity sewers.
(1) All gravity sewer pipe must be polyvinyl chloride (PVQ SDR
35, meeting the requirements of ASTM D-3034 (latest revision),
with 0-ring type joints.
(2) The Owner's engineer must certifythe Sewer pipe size is
adequate to handle the design flow. The Citymay require pipe
size to be increased to allow for future developmem.
(3) Manholes.
(a) Manholes must be pre-cast concrete with robber-coated
steps. Inside barrel diameter of manholes must be four (4)
feet. Cones and collars must be provided where required
on the plans. A minimum of two courses of brick, fully
mortared to be watertight, shall be required between the
cone and collar and the casting. Manholes shall be
KOR-N-SEAL connectors. Distance between manholes
shall not exceed 400 feet.
(b) Mmnhole covers must be cast-iron conforming with
Type A Self Sealing machined lid and must bear "City of
Jeffersonville Sewer" molded on the exterior surface of the
lid.
(c) Concrete for manhole bases, pavement patches and
miscellaneous repairs must be Portland Cement concrete
containing five bags of cemem per cubic yard of concrete
and shall achieve compressive strength of 3000 psi in 28
days.
(4)
Pipe bedding and backfill
(a) All pipe must be bedded on four (4) inches and covered
bytwelve (12) inches of Indiana No. 8 limestone. This
provision applies to all pipe 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 earthen materials,
compacted and must be humped over the trench to allow
for sealing.
(c) Where pipe is installed in a graveled area, the remainder
of the trench shall be backfilled with compacted dense
graded aggregate (DGA), size Indiana No. 53 hmestone to
a point eight (8) inches below ongmal grad and then filled
with Indiana No. 73 crushed, compacted limestone to
original grade.
(d) Where pipe is installed in an asphalt paved area (street
or driveway), the remainder of the trench shall be
backfilled with compacted DGA. Size No. 53 to a point
thirteen and one half (13.5) inches below original grade.
The trench shall then be trimmed back six (6) inches along
each side and backfilled with nine (9) inches compacted
DGA, Size No. 53, primed, then paved with three (3)
inches of hot mixed asphalt (HMA) intermediate (binder),
and one and one half (1.5) inches of HMA surface. All
patch seams shall be saw-cut only, cut smooth and
straight, and tarred.
(e) Where pipe is installed in a concrete area, the remainder
of the trench must be backfilled with compacted DGA,
Size No. 53 limestone to a point nine (9) inches below
original grade. The trench must then be trimmed back six
inches along each side and filled with 3000 psi concrete
?ush with original grade. All patch seams must be saw-cut
only, smooth and straight, and sealed.
20
(f) All cutting of: trenches in existing asphalt or concrete
pavements must be done with a saw only, to provide a
straight smooth joint when new paving is done.
(5) Infiltration.
(a) Infiltration or outward leakage of any section of the
constructed sewer maynot exceed 200 gallons per inch of
sewer diameter per mile per day.
(b) Infiltration tests and pressure tests must be conducted
bythe Owner with the assistance of his/her design
engineer. The Owner must notifythe CityEngineer in
writing at least 24 hours in advance of testing.
(c) Owner must replace or repair sections of sewer line
exceeding the test limits set out in this Ordinance.
(6) Connections to the POTW
(a)Connections to the POTW must be constructed and
located as shown on the plans submitted to acquire
required construction permits,
(}))The Owner must connect all hterals to the POTW with
a ,Wye' fitting. A "Tee" fitting is not acceptable.
(c)Every unused connection to the POTW must have
installed a watertight cap and be marked for identification
bytaping a length of brightly colored plastic rope to the
end of the connection line and extending the rope through
the backfill to the surface of the ground.
(7) Sheeting. The Owner must use sheeting of the sewer trench
where the trench passes close to a house or other structure.
(8) Waste material. The Owner must dispose of waste earth
material.
21
Section 50.20 -- Gravity Flow Of Building Drain To POTW
Whenever possible, the Owner must connect the building sewer to the
building at an elevation belowthe basement floor. In all b~fildings that are too
low to permit gravity flow to the POTW, sanitary sewage carried by the
building sewer must be lifted and discharged to the POTW by means approved
bythe City Engineer.
Section 50.21 -- Surface Runoff Or Groundwater
A Person may not connect, or maintain existing connections of, roof
downspouts, sump pumps, exterior foundation drains, areaway drains, or other
sources of storm water, surface runoff or groundwater to a building sewer or
building drain that in turn is connected directly or indirectlyto the POTW. If
a Combination Sewer previously connected to a Person's discharge lines is
separated into a sanitary sewer and a storm sewer, the Person must connect any
existing roof downspouts, sump pumps, exterior foundation drains, areaway
drains, or other sources of storm water, surface runoff or groundwater to the
new storm sewer.
Within thirty (30) days after the City gives a Person written notification
of the existence of an existing connection of the Person's roof downspouts,
sump pumps, exterior foundation drains, areaway drains, or other sources of
storm water, surface runoff or groundwater to a building sewer or building
drain being connected directly or indirectlyto the POTW, the Person must
remove the improper connection from the POTW.
A Person may not allow storm water, surface runoff or groundwater to
enter any open sewer line during construction, maintenance or repair.
Section 50.22 -- Repair And/Or Replacement Of Existing Lines
Any person who repairs or replaces sewer lines from a structure to the
POTW must bring the new or repaired line up to the standards set forth in this
Ordinance, notifythe CityEngineer, request inspection of the repair or
replacement and paythe required inspection fees in accordance with the
provisions of this Ordinance.
22
Section 50.23 -- Notification Of Inspector
The applicant for a building sewer permit must notifythe Inspector
twenty-four (24) hou~ before the building sewer is readyfor the inspection and
connection to the POTW, prior to backfilling. The connection must be made
under the supervision of the Inspector or his/her representative.
Section 50.24 -- Barricades And Lights Around Sewer Construction,
Restoration and Indemnification
Owners must adequately guard with barricades and lights all excavations
for sewer construction so as to protect the public from hazard. Owners must
restore streets, sidewalks, parkways, and other public property disturbed in the
course of sewer construction in a manner sadsfactoryto the City. The Owner
must agree in writing to hold the City harmless against any losses resulting
from sewer construction.
PROHIBITED DISCHARGES; TREATMENT;
MONITORING AND REPORTING
Section 50.30 -- Discharge Of Stormwater And Other Unpolluted
Drainage
(A) A Person may not discharge, or cause to be discharged, to any
Sanitary Sewer any srormwarer, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water, or unpolluted industrial
process waters.
(B) Stormwarer and all other unpolluted drainage must be discharged to
such sewers as are specifically designated as Combined Sewers or storm
sewers, orto a natural outlet approved bythe CityEngineer. Industrial
cooling water or unpolluted process waters maybe discharged, with the
approval of the CityEngineer, to a storm sewer, combined sewer, or natural
outlet, if the discharge complies with federal and state requirements.
23
Section 50.31 -- Prohibitions And Limitations On Wastewater
Discharges
(A) PROHIBITED SUBSTANCES. No Person may discharge, or
cause to be discharged, directly or indirectly, into the City sewer any
prohibked substances noted in 40 CFR 403.5 and 403.6, including, but
not limited t any Wastewater comaining the following:
(1) Oil and Grease, including but not limited to:
(a) Oil and grease in concentrations or amounts that may
cause Interference or Pass Through and/or oil and grease from industrial
facilities violating Federal Pretreatment Standards; or
(b) Total fat, wax, grease or oil concentrations of more than
100 rng/l, whether emulsified or not, or comaining substances which may
solidify or become viscous at temperatures between 32°and 150°F. (0° and
65°C) at the point of discharge into the System
(2) High Temperature. Any liquid or vapor having a temperature
higher than 150°F (65°Q or that would cause the influent to the WWTP to
be higher than 104°F (40°C)·
· n
(3) Explosive Mixtures. Liquids, solids or gases, which by reaso
of their nature or quantity are, or may be, sufficient either alone, or by
interaction with other substances, to cause fire or explosion either in the
collection system or the WWTP, or be injurious in any other way, and
pursuant to CFR 403.5(b)(1), Wastewater with a closed-cup flashpoint of less
than 140°F or 60°C using the test methods specified in 40 CFR 261.21. At
no time may two successive readings on an explosion hazard meter, at the
point of discharge into the System, be more than five percent (5%) nor may
any single reading be over ten percent (10%) of the Lower Explo, s. lv.e Limit
(LE.L) of the meter· Prohibked materials include, but are not ltrmtect to,
gasoline, kerosene, naphtha, benzene, toluene, eylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides.
(4) Noxious Mate. rials. Noxio.us or .malodorous solids, liquids or
gases, gases, which, either singly or by interacuon with other wastes, are
24
capable of creating a public nuisance or hazard to life, or are or may be
sufficient to prevent entry into a sewer for its maintenance and repair.
(5) Improperly Shredded Garbage. Garbage that has not been
ground or comminuted to such a degree that all particles are carried freely in
suspension under flow conditions normally prev_~iling in the public sewer, with
no particle greater than one-half (1/2) inch in any dimension.
(6) Radioactive Wastes. Radioactive wastes or isotopes of such
half-Life or concentration that they do not comply with regulations or orders
issued bythe appropriate authority having control over their use and that may
cause damage or pose a hazard to the sewage facilities or personnel operating
the System.
(7) Solid orV[scous Wastes. Solids or viscous wastes that may
cause obstruction to the fl0w in a sewer line, or otherwise interfere with the
proper operation of the POTW. Prohibked materials include, but are not
limited to animal entrails, tissues, bones, hair, hides, whole blood or feathers;
ashes or cinders; sand, spent lime, stone or marble dust; metal; glass; grease;
uncomminuted garbage; straw, wood shavings or grass clippings; rags or other
cloth; spent grains; spent hops; waste pape~,p~aop, er .d~.hes,~cups or~..rr~k
containers; wood; plastic; tar or asphalt residues, residues ~rom're~mang or
process of fuel or lubricating oil; mud or glass grinding or polishing wastes; and
similar substances.
(8) Excessive Discharge Rate. Wastewaters at a flow rate, or
containing such concentrations or quantities of pollutants that exceed, for any
time period longer than fifteen (15) minutes, more than five (5) times the
ayerage, twenty-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 BOD)
released in a discharge at a flow rate or pollutant concentration which will cause
interference, is prohibked, regardless of whether it falls within the excessive
discharge rate specified in this section.
(9) Toxic Substances. AnyToyac Substance m an amoun
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
25
which may interfere with the biological processes or efficiency of the
Wastewater Treatment System, or that will cause a Pass Through in the POTW.
(10) UnpollUted Waters. Any unpolluted water including, but not
limited to, water from cooling systems, storm water, roof runoff, sump pumps,
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 bythe waste treatment process.
(12) Corrosive Wastes. Wasrewarer having a pH less than 6.G, or
more than 11.0 or, which is otherwise capable of causing corrosive structural
damage to the POTW or equipment. Prohibked 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 that 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 progranz 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 that causes a hazard
to human life or creates a public nuisance.
(15) Trucked/Hauled Wastes. In accordance with 40 CFR 403.5
(b)(8) the discharge of any hauled or trucked pollutants is prohibked, except at
points designated bythe Control Authority.
(B) LIMITATIONS ON WASTE WATER DISCHARGES. The
Control Authority will establish and enforc specific maximum discharge
concentrations in accordance with 40 CFR, Section 403.5(c)(1). The following
specific discharge limitations applyto all Users. The Control Authority will re-
evaluate these limits at least every five (5) years.
26
Parameter
Daily Maximum
Monthly Average
Arsenic 0.25 .....
Cadmium 0.021 .....
Claromium (total) 2.08 .....
1.16 0.75
Copper 0.23 0.15
Gym'fide 0.21 .....
Lead 0.0003 .....
Mercury .....
Nickel 1.20
Silver 0.36
1.88 1.66
Zinc
The Control Authority, in its sole discretion, may impose mass limitations on
Users, either individually or as a class, in cases where the imposition of mass
limitations is appropriate.
(C) VARIANCES TO DISCHARGE LIMITS. Upon written
request from a User, the Control Authority, in its sole discretion, may grant a
variance from the maximum discharge concentration limits imposed in this
Ordinance. The Control Authority may grant a variance onlyto the extent the
Maximum Industrial Headworks Loading allows.
To obtain a variance, the User must provide the Control Authority with
evidence that shows it is not feasible for the User to meet the limit(s) imposed
due to such factors as background concentratiom, flow conditions,
hydrological modifications, physical conditions of the water body, human
caused conditions that cannot be remedied, or that shows remediation would
result in more environmental damage and adverse economic and social impacts.
The User must also demonstrate that the requested variance complies with all
applicable state and federal laws, and the User must characterize the extent of
any increased riskto human health and the environment. For comparison
purposes, the User must provide the Control Authority with evidence of what
actions would be necessary for the User to comply with the water quality
standards contained in this Ordinance.
A variance granted under this provision applies onlyto the User
requesting the variance, and only for the specific Pollutant(s) requested. A
27
variance has a fixed term of five (5) years, or the term of the permit, whichever
is less.
(D) FEDERAL CATEGORICAL PRETREATMENT
STANDARD. The National Categorical Pretreatment Standard located in 40
CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated into this
Ordinance. If the National Categorical Pretreatment Standards, as
promulgated bythe U.S. Environmental Protection Agency, are more stringent
than state or local standards, all Categorical Industrial Users must meet or
exceed them. Ail Industrial Users must meet the discharge standards of this
Ordinance at their point of discharge from the industrial system prior to
mixing with another User's waste stream. Industrial Users are required to
comply with all applicable requirements of the Categorical Standards, including
the f'fling of baseline monitoring reports, compliance reports, and
self-monitoring reports. Upon anychange 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.
(E) TESTING. The Control Authority will establish and enforce
specific testing and reporting programs for Industrial Users discharging to the
POTW in accordance with 40 CFR 403.12. The Control Authority may also
establish testing and reporting programs to applyto all Industrial Users orto
certain classes of IUs. In addition, the City may establish User-specific testing
and repoming programs in permits the City issues.
(F) PRETREATMENT. The Control Authority will implement,
and enforce compliance with, Pretreatment Programs required under 40 CFR
403.8.
(G) PROHIBITATION AGAINST DILUTION AS
TREATMENT. In accordance with 40 CFR 403.6 (d), dilution as a partial or
complete substkute for adequate treatment to complywith a Pretreatment
Requirement is prohibited unless expressly authorized by an applicable
standard or requirement.
28
Section 50.32 -- Control of Prohibited Wastes
(A) REGULATORY ACTIONS. If a User is in Significant
Noncompliance with the applicable Pretreatment Requirements of this
Ordinance, the City Engineer and the City Attorney may take any action
necessary to:
(1) Prohibk the discharge of the User's Wastewater.
(2) Require the User to demonstrate that in-plant modifications
will reduce or eliminate the discharge of Pollutants, bringing
the User into compliance with this OrAinance.
(3) Require Pretreatment, including storage facilities, or flow
eqt/alization necessaryto reduce or eliminate the Pollutants
bringing the discharge into complianc with these rules and
regulations.
The City Engineer and the City Attorney may also take any other remedial
action they deem desirable or necessaryto achieve the purpose of this
Ordillance o
(B) SUBMISSION OF PLANS. When the Control Authority requires
a User to ut'~lize Pretreatment or equalizauo of wastewater flows prior to
discharge into any part of the POTW, the User must submit plans,
specifications and other pertinent data rehting to the required Pretreatment or
flow-control facilities to the City Engineer for review and approval. The City
Engineer's approval does not exempt the User from compliance with any
applicable code, ordinance, rule, regulation or order of any governmental
anthodty. The User may not make any subsequent alterations or.ad, clitions to.
the approved Pretreatment or flow-control facilities without obtaining the prior
approval of the City Engineer.
(C) pRETREATMENT FACILITIES. If Pretreatment or flow-
control facilities are required, the User must, at his own cost and expense,
maintain those facilities in good working order and operate those facilities as
efficiently as possible subject to the requirements of this Ordinance and all
other applicable rules and regulations, codes, ordinances, and laws.
(D) ADMISSION TO PROPERTY FOR INSPECTION.
Whenever it is necessary for the purposes of this Ordinance, City, State and/or
29
Federal agents or representatives, upon the presentation o{ credentials, may
enter.upon any property .or premises at reas?na.ble times for the purpose o{ (1)
copying any records reqmred to be kept under the provisions o{ this
Ordinance, (2) inspecting any monitoring equipment or method, and (3)
· f treatment works. Under
sampling any discharge o wastewater to the
emergency circumstances, the City Engineer may enter upon any property or
premises at any hour. The Cityis not required to give prior notice to the
Owner/User of an unscheduled inspection. In accordance, with 4.0 CFR
403.8(f)(1)(v), the City has the legal authority to carry out mspecuons,
surveillance, and monitoring to determine Industrial Users' compliance or
.l~.~q_..mr_e~.m~;n,t~ The City also has
noncomp '.li~nce with app~cable P~trea~t,m, en~t without limitation
the authontyto inspect all areas or an Ius factory mc~ hazardous waste
process areas, areas with floor drains, chemical storage areas,
generation and storage areas, pretreatment systems, connections to sewer lines,
areas where waste hauling and production take place, and areas where effluent
monitoring records are kept. Further, the City has the authorkyto obtain
information on all raw materials and other products used within the facility,
both in the industrial processes, and for other uses.
(E) INSPECTION & SAMPLING- INDEMNIFICATION. While
performing necessary inspections and/or sampling on an Owner/User's
premises, the City will observe all safety rules applicable to the premises the
Owner/User has established. The Citywill indernnifythe Owner/User against
!.oss or damage to its property caused solelyby City employees, and against
liability clair~ and demands for personal injury or property damage asserted
against the Owner/User and resulting from the inspection and sampling
operations, except those caused, in whole or in part, by negligence or failure of
the Owner/User.
The City Engineer and/or other duly authorized employees of the City
bearing proper credentials and identification have the right to enter all private
properties through which the City holds an easement for the following
purposes (byway of example, but not limitation): inspection, observation,
any portion of the sewage
measurement, sampling, repair, and maintenance of perform all
works lying within the easement, The City will make any entry and
subsequent work on the easement in full accordance with the terms of the
easement pertaining to the private property involved.
(F) DEVELOPMENT OF SLUG/SPILL PLAN. Pursuant to 40
~-~'~ ~^- omt'X(v] each Indnstri-al User must develop a S!ng Discharge Control
t~tt ~v~.oW~-~ ~ · · batch discharges),
Plan that outlines discharge practices (including non-routine
30
describes stored chemicals, and contains procedures both to notifythe City
mediately of Slug discharges, and to prevent adverse impacts from any
accidental spill. The CityEugineer must approve the Slug Discharge Control
Plan.
(G) PROTECTION FROM ACCIDENTIAL DISCHARGE. Each
User must provide protection from accidental discharge of Pollutants or other
· · .' · accidental discharge of
wastes regulated bythis Ordinance. Faciliues to prevent cost and
Pollutants must be provided and maintained at the Owner/User's
· detailed plans showing faciliue and
expense· The Owner/User must subT;otection to the CityEngineer for
operating procedures to provide this .
review, and approval prior to commencement of constmcuon (if a new facility)
· ' t' of the facility. The CityEngineer's review
or occupancy (if an exas mg facility)
and approval of the Owner/User's plans and operating procedures does not
relieve the User from the responsibilityto modifyth facility, after obtaining
the GtyEngineer's prior written approval, as necessaryto meet the
requirements of this ordinance.
(H) REPORTING OF ACCIDENTAL DISCHARGE. If, for any
reason a User does not comply with, or will foreseeably be unable to comply
with, any prohibition or limitation in this Ordinance or in any other applicable
local, state or federal hw, regulation or permit, the User responsible for causing
a discharge violation, or potential viohtion, must mediately notify the City
Engineer, the WWTP Operator and Pretreatmem Coordinator so that
corrective action may be taken to protect the POTW. In addition, wit. bin five
· ° r
of the v~olauom o discovery of the potential
days of the occurrence -
~)oladorg the written report addressed to the CityEngineer
User must file a
detailing the date, time and cause of the violation, the quantity and
characteristics of the violating discharge, and any corrective action the User has
taken to prevent future violations.
(I) NOTICE TO EMPLOYEES. A notice must be permanently
posted on the User's bulletin board or other prominent place advising
employees who they must call in the event of a dangerous or otherwise
violating discharge. Users must insure that all employees who may cause or
allow a dangerous or otherwise violating discharge to occur are advised of the
emergency notihcatxo procedure.
(J) FEES. The City must recover the cost of implementing a
Pretreatment Program from Industrial Users of the POTW. The applicable
31
charges or fees will be set forth in the Control Authority's Schedule of Charges
and Fees. The Control Authority may adopt charges and fees that may include:
(1) Fees for reimbursement of costs of setting up and operating
the City's Pretreatment Progran~
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and
construction;
(4) Fees for permit applications;
(5) Fees for filing appeals;
(6) Fees for the POTW's consistent removal of Pollutants
otherwise subject to Pretreatmem Standards;
(7) Other fees as the City may deem necessaryto carry out the
requirements contained herein.
These fees relate solelyto the Industrial Users covered under this section
of the Ordinance and are separate all other fees chargeable bythe Board of
Public Works and/or the City.
(K) SPECIAL AGREEMENTS. No Person may construe any
statement contained in this .chapter as pre.vent .m~gT~Y spe, cial,ag[~e_m~e~.~.T
arrangement between the City and any Industna~ user whereby me ~Ly ,,,~y
accept for treatment Industrial Wastewater of unusual strength or character,
subject to the Industrial User's payment for the Special Agreement at a rate
that is compatible with this chapter. However, this is for conventional
Pollutants only and does not apply to National Categorical Pretreatment
Standards or metals.
Section 50.33 -- Industrial Wastewater Monitoring &nd Repotting
(A) WASTEWATER DISCHARGERS. No Person may, without the
appropriate permit, Direct Discharge to any watercourse within the City or in
any area under the Control Authority's jurisdiction, or discharge to the POTW,
32
any Wastewater except as authorized bythe City Engineer in accordance with
the provisions of this Ordinance.
33
(B) WASTEWATER CONTRIBUTION PERMITS.
(1) General Permits. All Users proposing to connect to or to
discharge to the POTW must obtain a permit before connecting to or
discharging to the POTW.
(2) Permit Application. All Users must complete and file with the
City Engineer, an application in the form prescribed bythe Control Authority,
and accompanied by a fee as established bythe City. Proposed new Users must
apply at least 90 days prior to connecting to or discharging to the POTW. In
support of the application, an Industrial User must submit, in units and terms
appropriate for evaluation, the following information:
(a) Name, address, and location (if differem from the
address);
(b) SIC number according to the Standard industrial
Classification Manual, Bureau of the Budget, 1972, as
amended;
(c) Wastewater Constituents and Claaracteristics, 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 hboratory; all sampling
and analysis must be performed in accordance with
procedures established bythe EPA pursuant to Section
304(g) of the Act and contained in 40 CFR, Part 136, as
amended.
(d) Time and duration of discharge.
(e) Average daily, and peak, Wastewater flow rates,
including daily, monthly and seasonal variations, if any.
(f) Ske plans, floor plans, mechanical and plumbing plans
for plant and/or pretreatmem facilities and details to show
all sewers, sewer connections, and appurtenances by the
size, location and elevation.
34
(g) Description of activities, facilities and plant processes
on the premises including all rnaterials that the Industrial
User expects to discharge to the POTW.
0a) Where known, the nature and concentration of any
Pollutants in the discharge which are limited by any City,
state or federal Pretreaunent Standards.
(~ Description of Pretreatment facilities and/or O&M
· O
techniques reqtured t meet the Pretreatment Standards
and Requirements.
(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 and
Requirements (e.g.,-hiring an engineer, completing
preliminary plans, completing final plans, executing contract
· ° n
for major component, con~, encmg construcuo ,
completing construction, etc.). ·
(k) Each product produced by type, mount, process or
processes and rate of production.
(1) Types and amounts of raw materials processed (average
and maximum per day).
(m) Number of type of employees, and hours of operation
of facility and proposed or actual hours of operation of
Pretreatment system*
(n) A Baseline Monitoring Report (BMP~ as required under
40 CFR 403.12(b) for every (IU. This report must identify
the facility, indicating permits, describe operations, and
contain flow and pollutant measurements, and must be
signed and certified bythe appropriate official.
BMRs and reports on compliance with categorical
st(°)andards (90-day compliance reports) complying with 40
CFR 403.2(b) and 40 CFR 403.12(d), containing a statement
certified by a qualified professional about the User's,
35
compliance with applicable categorical standards and
whether, any Pretreatment (or O &/VI) is reqttired to attain
compliance.
(p) As required by40 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 an Authorized Representative of the
User and contain the certification statement in 40 CFR
403.6(a) (2) (h), which essentially attests to the integrity of the
analytical data submitted.
(q) Information on the IUs solid/hazardous waste disposal
practices; or other environmental permits held bythe IU
must be submitted with the permit application.
(r) The name, title, address, and telephone number of the
designated signatory anthority for the IU's repons and
permit applications.
(s) Any other information the Control Authority deems
necessaryto evaluate the permit application.
The Control Authority will evaluate the data fumished bythe Industrial
User and may require additional information. After evaluation and acceptance
of the data furnished, the Control Authority may issue an Industrial Discharge
Permit subject to terms and conditions provided herein.
(3) Permit Modifications. Within thirty (30) days after the
promulgation of, or revision to, a National Categorical Pretreatmem Standard,
the City must revise the Industrial Discharge Permit of Users subject to such
standards to require compliance with the new standard within the time frame
prescribed bythe new standard. Where a User who is subject to a National
Categorical Pretreatment Standard was not previously required to submit an
application for an Industrial Discharge Permit as required by Section 50.33 (B),
the User must apply for an Industrial Discharge Pennit within thirty (30) days
after the promulgation of the applicable National Categorical Pretreatment
Standard requiring the User to apply for an Industrial Discharge Permit. In
addition, Users with an existing Industrial Discharge Permit must submit to the
City Engineer within thirty (30) days after the promulgation of an applicable
36
Federal Categorical Pretreatment Standard the information required by
paragraph (la) and (i) of Section 50.32(B)(2).
(4) Permit Conditions. Industrial Discharge Permits are expressly
subject to all provisions of this Ordinance and all other applicable regulations,
user charges and fees established by the Control Authority. Permits may
contain, without limitation, the following:
(a) The unit charge or schedule of user charges and fees for the
Wastewater to be discharged to the POTW;
(b) Limits on the average and maximum Wastewater Constkuents
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 facilkies;
(e) Specifications for monitoring programs that may include
sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule;
(f) Compliance schedules;
1
(g) Requirements for submission of technical reports or discharge
reports;
0a) For CIUs, requirement for a Baseline Monitoring Report
(BMR) identifying the facility, indicating permits, describing
operauons, and containing flow and pollutant measurements,
signed and certified by the appropriate official, as provided in 40
CFR 403.120>);
(7 Milestone dates for implementing necessary Pretreatment
required to meet the applicable Categorical Pretreatment
Standards and Requirements, as required by 40 CFR 403.12(c).
Within fourteen (14) days of a milestone in the compliance
schedule and within fourteen (14) days of the final date for
compliance, the IU must submit a progress report to the City
37
Engineer indicating whether or not the IU met the milestone or
final compliance date and, if not, when compliance with that
increment of progress is expected;
(j) Requirements for maintaining and retaining plant records
rehting to Wastewarer discharge as specified by the Control
Authority, and affording access thereto;
(k) Requirements for notification to the CityEngineer of the ILVs
intent to introduce any new Wastewater contents or of any
substantial change in the volume or character of the Wastewater
contents being introduced into the POTW, including hazardous
wastes, prior to IU changing to its discharge;
Requirements for notification of slug discharges;
(m) Requirement that the IU must notifythe City within twenty-
four (24) hours if the IU's sampling indicates a violation, pursuant
to 40 CFR 403.12(g)(2), and a requirement that the User must
resample and submit results of tkis re-sampling to the Citywithin
thirty (30) days;
(n) Requirement that the IU must notify the Control Authority,
the State and the EPA of any discharge which could be
considered a hazardous waste if disposed of in a different manner,
as provided in 40 CFR 403.12(p);
(o) Requirement that 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, as
required to complywith 40 CFR 403.12(b) and 40 CFR 403.12(d);
(p) Requirement specified in 40 CPR 403.12(1), that BMRs,
reports on compliance with categorical standard deadlines (90-day
compliance reports), and periodic compliance reports for CIUs
must be signed bythe Authorized Representative of the User and
contain the certification statement in 40 CPR 403.6(a) (2) (h), which
essentially attests to the integrity of the anal~ical data submitted.
38
The
d%Osignatendame, title, address, and telephone number of the
signatory authority £or IU reports and the permit
application.
(r) Other conditions as deemed appropriate bythe Control
Authority 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 pehod less than one (1) year or may expire on a specific date. The
, c '- - issuance a minimum of ninety (90) days prior to
User must apply tor pe.rrn~,t ~-.. . · ·
the expiration of the Users emstmg pe .nmt: T~.e U.se, r ~ust su, bn~..t t__hse?~enmt
renewal fee established bythe Control Aumonty w~m me appacauon to~
renewal. ' ' '
The terms and conditions of the permit are subject to modification
bythe Control Authority during the term of the permit as limitations or
requirements in the Act, the CFR, Ce National, ~C.a. tegooric~._P;t.r;~;~ (Ch,
,- ~ ~.a e.~.~ qt~mte~ or this Ordinance, mcluumg 3ecuo~ ou.. ~.? ~-~: x-~
3tanuarct, o~a~c ........ . · ·
,._., , ,.., ,'r'_] ~o ~"r other mst cause, m the Cit-fs sole chscreu.on.
changes m the perrmt at
least thirty (30) days prior to the effective date of charge. However, if the
Control Authority finds that there exists an emergency warranting mediately
effective changes in the permit, the Control Au..t.hofi. ty wi,ll, give the User the
best notice of the proposed changes as is possible. Any Changes or new
conditions in the permit will include a time schedule for compliance that is
reasonable under the existing circumstances.
(6) Permit Transfer. Wastewater Discharge Permits are issued to a
specific User for a specific operation. An Industrial Discharge Permit may not
be reassigned or transferred or sold to a new owner, new user, different
premises, or a n. ew or changed operation without the written approval of the
Control Authority. Any succeeding Owner or User must also comply with the
terms and conditions of the existing permit.
(C) REPORTING REQUIREMENTS FOR PERMIT
(1) Requirements. Reporting requirements are as outlined in 40
CFR 403.12.
39
(2) Compliance Date Report. Within ninety (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 City Engineer a report indicating tie
following:
(a) The nature and concentration of all pollutants in the
discharge from the regulated pr?ess that are lknlted by such
Pretreatmem Standards or Reqmrements.
(b) Average and maximum daily flow for these process
units in the User's facility.
The report must also state whether the applicable Pretreatment Standards or
Requirements are being met on a consistent basis and, if not, what additional
O&M md/or Pretreatment is necessaryto bring the User into compliance with
the applicable Pretreatment Standards or Requirements. This statement must
be signed by an Authorized Representative of the Industrial User and certified
. ' ' ' n the requirements of 40
by a qualified professional. The certif~cauo must meet
CFR 403.6(a)(2) (h).
(3) Periodic Compliance Reports.
(a) AnyUser subject to a Pretreatment Standard or
Requirement, after the compliance or revision date of such
pretreatment Standard or Requirement, or in the case of a New
Source, after commencement of the discharge into the POTW,
must submit to the City Engineer during the months of June and
December, unless required more frequently in the pretreatment
Standard or Requirement, or bythe City Engineer, a report
, f
indicating the nature and concentration o Pollutants in the effluent
In
· ° e
which are limited byth pretreatment Standard or Requirement.
addition, this report must include a record of all dailyflows during
the reporting period that exceede.d the average.daily.flow reported
in par~tgraph (B)(2)(e) of this section. At the discreuon of the City
· ' f local high or low
Engineer and in considerauon o such factors as
flow rates, holidays, budget cycles, etc.~ the CityEngineer may agree
to alter the months during which the above reports are to be
submitted.
40
(b) The City Engineer may impose mass limitations on
Users that are using dilution to meet applicable Pretreatment
standards or Requirements, or in other cases where the imposition
of ~s.s limitations are appropriate. In those cases, the report
reqmred by subparagrap, h (a?,of ? paragrap. ~t~nU~lsdi~rate the
mass of Pollutants regulatea Dy t-retreatment ~um .
Requirements in the User's effluent. These reports must contain
the results of sampling and analysis of the discharge, including: the
flow and the nature and concentration; production and mass where
requested bythe CityEngineev, and Pollutants contained therein
that are limited bythe applicable Pretreatment Standard or
Requirement. Users must perform all sampling and analysis in
accordance with procedures established by the EPA pursuant to
Section 304(g) of the Act and contained in 40 (~R, Part 136 and
amendments thereto or in accordance with any other test
procedures approved bythe EPA Administrator.
(4) Baseline Monitoring Reports.
(a) A Baseline Monitoring Report (BMR) must be
submitted to the lVlanager by all C/Us at least ninety (90) days .prior
to initiation of discharge to the POTW. The BMR must contain, at
a minimum, the following:
(1) Production data in. dudlng a proc.ess, descfi, pti°,ns.SIC~
code number, raw materials used, chemicals me(l, an(~ rma~
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;
· d
(4) Nature and concentration of pollutants discharge
to the POTW that are regulated bythis Ordinance, state
and/or federal Pretreatment Standards and sample type and
location;
(5) infonmtion concerning anyPretreatment equipment
used to treat the facility's discharge.
41
00) All new sources of industrial discharge must be in
compliance with all provisions of this ordinance prior to
commencement of discharge.
(5) Notice of Potential Problems. Industrial Users must notify
the City Engineer immediately of all discharges (including Slug discharges) that
could cause problems to the POTW.
(6) Report Receipt and Analysis. Upon receipt of the compliance
date reports, periodic compliance reports and other required reports from the
IUs, the Pretreatment Coordinator will initially record the date the report(s) are
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 Pretreatmeut Coordinator and staff members for review and
analysis with respect to the individual ILVs permit and the Pretreatment
program reqmrements.
(D) MONITORING FACILITIES
The User must provide and operate, at its own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of
the User's building sewer and/or internal drainage systems. The monitoring
facility must normally be situated on the User's premises, but when such a
location would be impractical or cause undue hardship on the User, the
Control Authority may allow the facility to be constructed in a public fight of
way if the facility is located so that it will not be obstructed by landscaping or
parked vehicles.
There must be ample room in or near the User's inspection,
sampling, and flow measurement facilkyto allow accurate sampling and
preparation of samples for analysis. The User must maintain the inspection,
sampling, and flow measurement facility, and its sampling and measuring
equipment, at all times in a safe and proper operating condition at the User's
expense.
Whether coustmcted on public or private property, the User must
construct the inspection, sampling, and flow measurement facility in
accordance with the Control Authority's requirements and all applicable local
construction standards and specifications. The User must complete
42
construction of the inspection, sampling, and flow measurement facility within
ninety (90) days following the Control Authority's written notification.
(E) INSPECTION AND SAMPLING.
The City Engineer may inspect any UseFs facilities to ascertain
whether the User is in compliance with the purpose, and all requirements, of
this Ordinance. Any Person occupying premises where Wastewater is created
or discharged must ~llow the CityEngineer, and State or EPA representatives
ready access at all reasonable times to all parts of the premises for purposes
including but not limited to: inspection, sampling, records examination and/or
copying, or performance of any official duties. The CityEngineer, State or
EPA representatives have the right to erect on the User's property such devices
as are necessaryto conduct their official duties, including but not limited to:
sampling inspection, compliance monitoring, or metering operations. Where a
· ' e requiring a proper identification and
User has security measures m forcUser must make any . f
clearance before entry onto the premises, the
arrangements necessarywith their security guards so that upon presentauon o
suitable identification, personnel from the City, State and/or EPA will be
permitted to enter without delay, for the purposes of performing their official
duties.
The City will not sign a confidentiality agreement prior to.
conducting inspections or sampling m accordance with either this Secuon o
Section 50.33 (F). However, an Industrial User may make a claim of
confidentiality under Section 50.33(I) as to specific information contained in
application forms, or other records, reports or plans.
Section 50.34 - Costs and Expenses
All Industrial Users are responsible for conducting all sampling required
in Sections 50.3l, 50.32 and 50.33. In addition, IUs are responsible for all costs
and expenses associated with the measuring, sampling and testing of the
Wastewater required in Sections 50.31, 50.32 and 50.33. if the City chooses to
independently take and/Or test samples, the IU frOm whom the samples are
taken must reimburse the City, upon demand, for the cost of the sampling
and/or testing.
43
ENFORCEMENT; ENFORCEMENT RESPONSE PLAN
Section 50.40 -- Enforcement Procedures
(A) Enforcement Response Phn.
The Control Authority will establish and adopt an Enforcemem Response Plan
with enforcement activities vested in the Board, the City Engineer and City
Attorney as required by 40 CFR 403.8 (f) (5).
(B) .Administrative Enforcement
(1) Notification of Viohtion (NOV)
Whenever the Control Authority finds that a User has xa'olated
or is violating this Ordinance, or a Wastewarer Permit or Order issued
hereunder, the City Attorney or authorized deputy, agent or representative will
serve upon the User written notice of the violation acconqlng to the adopted
Enforcemem Response Plan. Within ten (10) days fmmthe receipt date of this
notice, the User must submit to either the City Engineer orthe City Attorney
an explanation of the violation and a plan for the satisfactory correction of it
and prevention of future violations, which must include specific required
actions. Submission of this plan in no way relieves the User of liability for
viohtions occurring before or after receipt of the Notice of Violation.
(2) Consent Orders
The City Engineer is hereby empowered to enter into Consent Orders,
assurances of voluntary compliances, or other simiLar documents establishing
an agreement with the noncompliant User. Consent Orders will include
specific action the User will take to correct the noncompliance within a time
period also specified in the Order. Consent Orders have the same force and
effect as Compliance Orders issued pursuant to paragraph 4, below.
(3) Show Cause Hearing
(a) The City Engineer may order any User that cause.s or
contributes to violation of this Ordinance, an Industrial Discharge Perm? or an
Order issued hereunder, to show cause why a proposed enforcement acuon
should not be taken. Notice will be served on the User specifying the time and
place for the hearing, the proposed enforcement action and the reasons for the
44
action, and a request that the User show cause why this proposed enforcement
action should not be taken. The notice of the hearing will be served on the
User personally or by registered or certified mail, return receipt requested, at
least ten (10) days prior to the hearing. The notice maybe served on any
Authorized Representative of the User. If a duly notified User does not appear
at the hearing as noticed, the User is deemed to have acknowledged the
hearing, and waived the User's fight to be presem at the hearing, and the Board
may pursue immediate enforcement action.
(b) The Board may itself conduct the hearing and take the
evidence, or may designate as a heating officer any of its members, the City
Attorney or any officer or employee of the Board to:
· Issue in the name of the Control Authority notices of heatings
requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in any such
heatings.
· Take the evidence.
· 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 heating, testimony taken before the Board
or its designated hearing officer must be under oath and recorded by a
stenographer. The transcript of the hearing is a public record.
(4) Compliance Order
If the CityEngineer finds that a User has violated or is
violating the Ordinance or a Permit or Order issued thereunder, the City
Engineer may issue an Order to the User responsible for the discharge
directing that, following a specified time period, sewer service shall be
discontinued unless the User takes all necessary steps including but not
limited to installing adequate treatment facilitie, devices, or other related
appurtenances to properly operate the User's facility in accordance with this
Ordinance. Orders may also contain such other requirements as might be
reasonably necessary and appropriate to address the noncompliance,
45
including the installation of Pretreatmen. t technology, additional
self-monitoring, and management pracuces.
(5) Cease and Desist Orders:
When the CkyEngineer finds that a User has violated or
continues to violate this Ordinance or those comained in any Permit or
Order issued hereunder, the City Engineer may issue an order to cease and
desist all such violations, and direct 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 preventative action
as may be needed to properly address a continuing or threatened violation,
including halting operations and terminating the discharge.
(6) Adrolnistrative Penalties:
Any User who is found to have violated any provision of this
Ordinance, or the Orders and Permits issued hereunder, maybe fined bythe
Control Authority in an amount not to exceed Two Thousand Five Hundred
Dollars ($2,500.00) per violation. Each dayon which noncompliance occurs
or continues maybe deemed a separate and distinct violation. The
assessments may be added to the User's next scheduled sewer service charge
and the Control Authority may use such other collection remedies as k uses to
collect other service charges. Unpaid charges, fines, and penalties constitute a
lien against the User's property. Users desiring to dispute such fines must file
· e (10) days after
a request for the CityEngineer to reconsider th fine within ten
the Control Authority gives the User notice of the fine. If the CityEngineer
believes reconsideration is merited, a heating on the matter may be convened
within fifteen (15) days of receiving the request from the User.
(7) Emergency Suspensions
(a) The Control Authority may suspend the Wastewater treatment
service and/or Industrial Discharge Permit whenever the suspension is
necessary to stop an actual or threatened discharge presenting or causing any of
the following conditions:
46
An imminent or substantial endangerment t° the health or welfare of
Persons, or the environment.
· An Interference or Pass Through.
· A violatiOn of any condition of the POTW's NPDES Permit.
(b) Any User notified of a suspension of the Wastewater
treatment service md/or the Industrial Discharge Permit must immediately
stop or eliminate its discharge. The Board will conduct a hearing within
d~ of the notice of suspension to determine whether the .
fourteen (14) ~s - ~ ~ T , ,v,__~_-.~ disch~tve t)enmt termmatect.
suspension rna~y ,u. ~ ~ ~ ~ ._-'~..-~& ,h susnens~on oraer, me ~aty
If the Person taxts to comp y .Y. . , , · ,-
· ' take such Steps as deemed necessary, mcluamg anmectmte
Engineer will , __:_~ ^**h~ User's connecuon to the POTW, to prevent or
severance or ptuggmb u~
~;.;~;~ aam~e to the eO~ or its receiCng s~e~ or end~ge,.~,_n~t to
;~¢5'e~1~ · Z/e Contro~ ^utho~. ~U re.state the Waste~ter ~c~e
permit and/or the Wastewater treatment service upon proof of the elimination
of the non-complying discharge.
(c) A User that is responsible, in whole or part, for imminent
· · ' statement describing the causes
endangerment must subnnt a detailed wntten
of the harmful discharge and the measures taken to prevent any future
occurrence to the Board prior to the date of the heating described·
conditions ~f this chapter or an industnal chscharge.penrar, or.om ,
applicable or state or federal law, is subject to penmt termmauon.
(a) Failure to accurately report the Wastewater
Constituents And Characteristics of its discharge.
(b) Failure to report significant changes in o. permons or
Wastewater Constimants or characterisucs.
(c) Refusal of reasonable access to the User's premises for
the purpose of inspection, monitoring, or sampling.
(d) Violation of Permit conditions.
47
Noncompliant Users will be notified of the proposed termination of
their Discharge permit and be offered an oppommityto show cause
under paragraph (B)(3), above, whythe proposed action should not be
taken.
(C) Judicial remedies.
(1) Legal action. If anyPerson discharges sewage, industrial
wastes, or other wastes into the POTW contraryto the provisions of this
Ordinance or any Order or Permit issued hereunder, the City Engineer,
through the City Attorney, may commence an action for appropriate legal
and/or equitable relief in a Clark County Circuit or Superior Court.
(2) Injunctive Relief. If a User has viohted or continues to
violate the provisions of this Ordinance or an Order or Permit issued
hereunder, the City Engineer through the City Attorney, may petition a Clark
County Circuit or Superior Court for the issuance of a preliminary or
permanent injunction, or both (as maybe appropriate) which restrains or
compels the UseFs activities. In the event the Control Authority chooses to
correct the violation, the Comrol Authority may add the cost of the correction
to the UseFs next scheduled sewer service charge' The City has the same
remedies to collect these fees as it has t° cOllect other sewer service charges.
PENALTY; COSTS
Section 50.50 -- Penalty; Costs
(A) CIVIL PENALTIES.
(1) Any User who viohtes and/or continues to violate this
Ordinance or any Order or Permit issued hereunder, is liable to the Control
Authority for a civil penalty of not more than Two Thousand Five Hundred
Dollars ($2,500.00) per viohtion per day for as long as the viohtion(s)
continues, plus actual damages incurred bythe POTW. In addition to the
above described penalty and damages, the Control Authority is entitled to
recover reasonable attorney's fees, court costs, and other expenses associated
with the enforcement activities, including but not limited to, sampling and
monitoring expenses.
48
(2) The Control Authority may petition a Clark County Circuit or
Superior Court to impose, assess, and recover the sums provided for in Section
50.50 (A)(1), above. In determining.amount of liabili~,, th.e court ,must take in, to
account all relevant circumstances, including, but not turatea to, me extent m
harm caused bythe violation, the magnitude and duration, the economic
benefit gained through the User's violation, corrective actions bythe User, the
compliance history of the User, and any other factor as justice requires.
(B) CRIMINAL PROSECUTION.
(1) Violations - General.
(a) Any 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 Two
Thousand Five Hundred Dollars ($2,500.00) per violation, per day, or
imprisonment for up to one (1) year or both.
(b) A second conviction shall be punishable by a fine not to
exceed Three Thousand Dollars ($3,000,00) per viohtion, per day, or
imprisonment for up to three (3) years or both.
(2) Falsifying Information.
(a) AnyUserwho 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 Two Thousand Five
Hundred Dollars ($2,500.00) per violation, per day, or imprisonment for up to
one (1) year, or both.
(b) A second conviction shall be punishable bya fine not to
exceed Three Thousand Dollars ($3,000.00) per violation, per day, or
imprisonment for up to three (3) years or both.
49
Section 50.51 -- Additional Enforcement Action
(A) ANNUAL PUBLICATION OF SIGNIFICANT
VIOLATIONS.
The Control Authority will 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 Noncompliance, as
defined bythis ordinance, with any provisions of this Ordinance or any
order or Permit issued hereunder during the period since the previous
publication.
(B) PERFORMANCE BOND
The Control Authority may decline to reissue a Permit to any
Industrial User that has failed to comply with the provisions of this
Ordinance or any order or previous Permit issued hereunder unless such
User first files with the Control Authority a satisfactory bonck payable to the
City, in a sum not to exceed a value &termined bythe CityEngineer to be
necessaryto achieve consistent compliance.
(C)LIABILITY INSURANCF-
The Control Authority may decline to reissue a Permit to any
Industrial User that has failed to comply with the provisions of this
Ordinance or any Order or previous Pent& issued hereunder, unless the
Industrial User first submits proof that he has obtained financial assurances
sufficient to restore or repair POTW damage caused bythe Industrial User's
discharge.
(D) WATER SUPPLY SEVERANCE
Whenever a User violates or continues to violate the prov¢ions
of this Ordinance or an Order or Permit issued hereunder, water sermce to
the User may be severed and service will only recommence, at the User's
expense, after the User has satisfactorily demonstrated an ability to comply.
50
(E) INFORMANT REWARDS
The City Engineer is authorized to pay up to Five Hundred
Dollars ($500.00) for information leading to the discovery of an Industrial
User's noncompliance. If the information provided results in an
administrative fine or civil penalty levied against the User, the .C~..tyEngineer is
authorized to disperse up to ten percent (10%) of the collected frae or penalty
to the informant. However, a single reward payment may not exceed One
Thousand Dollars ($1.000.00).
(F) mGHT TO INSPECT GENERALLY FOR
COMPLIANCE
In accordance with 40 CFR 403.8(f)(1)(v), City
representatives have the legal authority to carry out inspections, surveillance,
or noncompliance with
and monitoring to determine an IU's compliance City representatives
applicable Pretreatment Standards and Requirements.
also have the legal authority to inspect all areas of an IlYs facility including
process areas, areas with floor drains, chemical storage areas, hazardous waste
generation and storage areas, Pretreatment systems, connections to the
POTW, areas where waste hauling and production take place, and are.as
where effluent monitoring records are kept. Further, City representauves
have the authofityto obtain information on all raw products used within the
facility, both in the industrial processes, and for all other purposes.
(G) RECORD KEEPING REQUIREMENTS
The User must conform to the record-keeping requirements
contained in 40 CFR 403.12(o). The City Engineer has the authority to
inspect and copy records as noted in 40 CFR 403.12(o)(2).
(H) pRETREATMENT/NONCOMPLIANCE
REPORTING
Users must provide Wastewater treatment as necessary or required
to complywith this Ordinance and must achieve compliance with all Federal
Categorical Pretreatment Standards within any time limitations specified by
the Federal Pretreatment Regulations. At its own expense, a User must
provide, operate and maintain any facilities required to pretreat Wastewater
to a level acceptable to the Control Authority. The User must submit to the
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Control Authority for the City Engineer's review, detailed plans showing
proposed pretreatment facilities, and the User must also submit operating
procedures to the Control Authority for review and approval prior to
commencement of construction of the facility. The City's review of the plans
and operating procedures in no way relieves the User of the responsit>ility to
modifythe facility as necessaryto produce an effluent acceptable to the
Control Authoritynnder the provisions of this Ordinance. Any subsequent
changes in the Pretreatment facilities or method of operation must be
reported to and be acceptable to the Control Authority prior to the User's
initiation of the changes.
The User must make available to officials of the City, State or
EPA, upon request, all of the User's records relating to compliance with
Pretreatment Standards
(I) CONFIDENTIAL INFORMATION.
As required by40 CFR 403.14, the City will make available to the
public or other govemmental agencies without restriction, information and
data on a User obtained from reports, questionnaires, permit applications,
permits and monitoring prog .raf~.. and. frominspe~cdo~n,s, ~u~._eS_Sotfhseu~.rsion
specifically requests confidentially of those recoras at me tune
and is able to demonstrate to the Control Authority's satisfaction that the
release of the information would divulge information, processes or methods
of production entitled to protection as trade secrets of the User.
When a User that is furnishing a report requests, the portions of a
report that might disclose trade secrets or secret processes may not be made
available for inspection bythe public, but must 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, the State or any state agency in judicial review or enforcement
proceedings involving the Person furnishing a report, may use the pordons of
the report that might disclose trade secrets or secret processes. Wastewater
Constituents And Characteristics are not recognized as confidential
information. Information acceptedbythe Control Authority as confidential
must be treated m accordance with the "Public Information" procedures of 40
CFR 2.302.
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(j) LIST OF SIGNIFICANT iNDUSTRIAL ~USERS.
The City currendy 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, the City maintains a list of the Significant
the Approval Authority on a quarterly Dasrs' tt c°IaY u '< .... ·
User Summary Sheet is included in Section IV.
SEWER CHARGES
Section 50.60 -- Sewer Service Charges And Rate Surcharges
(A) Every person whoSe premises are served by the POTW will be
charged for the services provided in accordance with the provisions of the
City's most recent Sewer Rate Ordinance.
(B) In .order that the rates and charges may reflect the costs of
providing service to Users, charges for serVice will be based upon volume for
domestic waste and also on the strength and character of wastes that are
stronger than normal domestic wastes. The surcharge rates for these Users are
also set forth in the City's most recent Sewer Rate Ordinance.
Section 50.61 -- Sewer Tap Fees
(A) Except as outlined in subsection 1) below, a tap charge of one
thousand'dollars ($1,000.00) shall be levied against each residential (single
family) lot, parcel of real estate, or building within the City corporate
· , · - ' ~' ---~-ts with the City's sewer system. A~p charge
I>ounctanes mat hereafter c. or~n. e,c llars t$3 000.~i shall be levied against each
of one thousand five-hundred cto k , 'J .
residential (single family) lot, parcel of real estate, or building outside the City's
corporate boundaries that hereafter connects with the Cit-f sewer system.
1) A lot which was previously connected to the sewe.r s~..tem
shall not be required to pay a tap charge to reconnect if the reconnectaon rs
completed within six (6) months of disconnection. After six (6) months, a tap
53
charge of five hundred twenty-five dollars ($525.00) shall be levied for
· n
reconnectlo ·
· ' ~ parcel of real estate, or building,
(B) The owner of any residential lo,
other than those parcels within the boundaries of a subdivision which: 1) has
been approved by either the JefferS°nville or CLark County Building
Commissioner and Plan Commission, and 2) meets all the City's or County's
qualifications for a subdivision, may make written application to the Board of
Public Works for the privilege of paying the total tap fee in ten equal annual
payments plus interest. In the event that such deferred payment plan is
payment shall accompany the
accepted bythe Board, the first annualinspection fee. The renndning principle
application along with the appropriate
shall accrue interest, at the statutory judgment rote, on the Outstanding balance
until payment in full of all ten annual installments. Subdivision tap-ins shall not
be eligible for this deferred payment plan.
· · e City's corporate
(Q Tap fees for duplex mulu-family units within th
boundaries shall be one thousand five-hundred dollars ($1,500.00). Tap fees for
, , · ' ~ " '- ...... :~e the Circ's comorate boundaries shall be.two
td~oP~Lmdmt~ ~Lur~yU~;~ars ($2,~ 0.0~5.~l~lulti- family units larger than a
duplex shall incur an additional tap fee of one hundred dollars ($100.00) per
· t shall be fifty
unit up to ten (1 0) units. After ten (10) hints, each additional un2
dollars ($50.00).
(D~ Tap fees for commercial use within the Citys corp ~o~t . .
boun&~ri~s shall be one thousand two-hundred dollars ($1,200.00) for each umt
of three hundred (300) gallons of daily flow. TaP fees for commercial use
outside the Cityas corporate boundaries shall be one thousand eight-hundred
dollars ($1,800.00) for each unit of three hundred (300) gallons of dally flow.
One year after the initial commercial sewer connection, the City Sewer
Department shall calculate the actual average daily flow from the commercial
~ '"" --' .....fee accordirmlv, Any additional tap fee, or any
user ana snan aalus~ me. t~t~ _. · ~.~Ti~-_ ~ ~ .... ~ ~aid calculation is
refund, shall be due and payable w~tm tmrty t..,,q ,~yo ... ....
completed.
· e
(E) The Board of Public Works shall determm the tap fees for
industrial uses on a case by case basis after considering the location of the
facility, the quantity of flow and ks quality. The Board shall make written
findings outlining the factors considered in each industrial tap fee decision.
54¸
(F) Tap fees may not be paid more than six (6) months in advance of
connection to the sewer system.
(G) Inspection fees shall be paid in addition to tap fees.
Section 50.62 - Deferred Payment of Tap Fee
· · ' ' a sewer tap permit, an Owner may apply
Pnor to applying for and/or receiving
to the Board in writing for deferred payment of the tap fee. The Board, in its
· · . ow awnent of the tap fee in five equal annual
sole discreuon, mayall! P. -- - ' e rate of 8% per
inst~llments of principle, wsth annual payments of interest at th
annum on the unpaid balance. If the Board allows the requested deferred
payment plarh the Owner must paythe initial principle installment, along witl}.
the appropriate inspection fee, when the Owner applies for a sewer tap penmt.
Section 50.63 -- Billing Procedure
The City will prepare, bill and collect rates and charges in the manner
provided by state and federal hw and Cky ordinance.
Section 50.70 --Savings Clause
If any court of competent jurisdiction invalidates any provision, paragraph,
word, section or article of this ordinance, 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 consq_icting with
any part of this Ordinance are hereby repealed to the extent of such
inconsistency or conflict.
This ordinance shall be in full force and effect upon its adoption·
SO ORDAINED this _ day of April 2004.
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ODMMON CIDUNCIL OF
THE CITY OF JEFFERSONVILLE,
INDIANA
Robert L. Waiz, Jr.
Presiding Officer
ATTEST:
~eggyWflder
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of
jeffersonville this . day of April 2004.
?eggyWdder
Clerk-Treasurer
2004.
This Ordinance approved and signed by me this
Robert L. Waiz, Jr., Mayor
I~ Leg-al/sewer/2004 Sewer Llse Ordinance
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