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HomeMy WebLinkAbout2004-OR-68AOrdinance No. 2004-OR-68 A BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE iN THE STATE OF INDIANA 2004 SEWER PRE-TREATMENT ORDINANCE 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 comply with all applicable State and Federal laws required by the Clean Water Act of 1977, as amended and the General Pretreatment Regulations (40 CFR Part 403), as amended. The objectives of this Ordinance are: (A) To prevent the introduction of pollutants into the POTW which interfere with the operation of the System or contaminate the resultant sludge; 03) To prevent the introduction into the POTW of pollutants that pass inadequately treated through the POTW into receiving waters or otherwise are incompatible with the POTW; (C) To improve the opportunity to recycle and reclaim wastewaters and sludges from the System; and (D) To comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403), as amended. Section 50.02 - Definitions For the purpose of this Ordinance the following definitions apply unless the context clearly indicates or requires a different meaning. "Act" The Federal Water Pollution Control Act (PL 92-500) as amended by the Clean Water Act (PL 95-217) of 1977. LegaI/Ordinance/2004 Sewer Use Ordinance., 1 "Applicable Pretreatment Standard" The most restrictive pretteatment limit or prohibitive standard contained in either federal, or state statutes or regulations, or local ordinances or duly-adopted programs, ~vith 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; (3) In a sole proprietorship, the proprietor; or (4) The duly-authorized representafve 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 by the number of daily discharges measured during that month. "Average Weekly D~scharge L~rmtauon The highest allowable average of daily discharges over a calendar week, calcalated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week. "Beneficial Uses" These uses include, but are not limited to domestic, municipal, agricultural, and industrial uses, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves and other uses, both tangible or intangible, as specified by state or federal law. "Board of Public Works" ("BPW") The duly-appointed Board of Public Works and Safety of the City of Jeffersonville, Indiana. "BOD" Biological Oxygen Demand. 2 Legal/Ord[n~nce/2004 Sewer Use Ordinance '~ "Categorical Industrial User ("CIU") A discharger that is regulated by discharge limits promulgated by the EPA in accordance ~vith Section 307 (b) 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 Jeffersonv~lle Board of Public Works and Safety, the Jeffersonville Sanitary Board, and/or their authorized representative(s). "City Engineer" The duly-appointed City Engineer of the City of 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, pH, 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 POT~V, if the POTW is designed and used to reduce or remove the Pollutants to the degree required by the 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, e.g. air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat. "Daily Discharge" Discharge of a pollutant measured during a calendar day, or any 24-hour period that reasonably represents the calendar day, for purposes of sampling. Legal/Ordlnance/2004 Sewer Use Ordinance "Direct Discharge" The discharge of treated or untreated wastewater direcdy to any waters of the State of Indiana. "Domestic Waste" Liquid waste from the non-commercial , preparation, cooking or handling of food, or containing human excrement anti similar matter from the sanitary conveniences of dwellings, commercial and industrial facilities and institutions. "Easement" An acquired legal fight for the specific use of land owned by another. "EPA" or "U. S. Environmental Protection Agency" or '~USEPA" The U.S. Environmental Protecfon Agency, or its administrator or other duly- appointed agent or official. "Garbage" Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce. "Grab Sample" A single sample taken from a waste stream ~vith 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 condidons 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 trucks. ,~Incompatible Pollutant" All pollutants other than those defined in this ordinance as "compatible pollutants." ~'Industdal Discharge" The discharge or the introduction of pollutants, including holding tank waste but not including other domestic waste, from any source regulated under secdon 307(b), (c) or (d) of 33 U.S.C. 1317, into the POTW. ,'Industrial Discharge Permit" A permit issued by the Control Authority to an industry to permit the deposit or discharge of industrial wasteveater into the POTW. 4 Legal/Ordlnance/2004 Sewer Use Ordinance- "Industrial User" or "IU" Any user of the POTW that 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, de£med herein. "Influent" Water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet. "Inspector" The person(s) duly authorized by the City to inspect and approve the installation and connection to the POTW of sewers for any building or other structure. "Interference" Any inhibition or disruption of the POTW treatment processes or operations, contributing to a violation of any requirement of the City's 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 use employed by the 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. "Maximum Allowable Industrial Loading" or "MAIL" The total daily mass that a POTW can accept from all permitted Industrial Users and ensure the POTW is protecting against pass through and interference. "Maximum Daily Discharge Limits" Limits the Control Authority places on a User's greatest allowable daily' discharge. "National Categorical Pretreatment Standard" Regulations containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act, ~vhich applies to a specific category of Industrial Users. "National Pollutant Discharge Elimination System" or "NPDES" The program for issuing, conditioning and denying permits for the discharge of 5 Legal/Ordinance/2004 Sewer Use Ordinance" 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 commenced after the publication of 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. "O~vner" Any Person (as defined below) that holds a possessory interest in property within the jurisdiction of the Control Authority, including that Person's agents, 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 violation of the POTW's NPDES permit. "Person" Any and all persons, including any individual, fwm, company, municipal or private corporation, partnership, co-partnership, joint stock company, limited liability company, trust estate, association, society, insfitndon, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents or assigns. The masculine gender includes the feminine, 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 iniluent waters of the POTW or the waters of the State, could alter the physical, chemical, biological or radiological integrity of those waters. The term includes, but is not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste. ~Pollution" The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of the waters of the state by waste, Legal/Ordinance/2OO4Sewer Use Ordinance " 6 to a degree which unreasonably affects such ~vaters for beneficial uses or unreasonably affects facilities which serve such beneficial uses. ~Pretreatment" The reduction of the amount 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 alteradon 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. "Pretreatment Program" The Pretreaunent 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, knposed on Industrial Users. '~Publicly Owned Treatment Works" or '~POTW" The City's treatment works as defined by Section 212 of 33 U.S.C. 1292 that is managed by the Control Authority. This definition includes any sewage collection lines that convey ~vastewater 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 ~vaters 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 ~vater-carried ~vastes from residences, commercial and industrial facilities and institutions together with any ground, surface and/or stormwater as may be combined with the wastes. Legal/Ordinance/2004 Sc,vet Use Ordinance" "Standard Industrial Classification" or "SIC" A classification of Industrial Users pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget in 1972. "Significant Industrial User" or "SIU" Defined according to 40 CFR 403.3(t) as: (A) Any Categorical Industrial User ("CIU"); or 03) 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 dry xveather hydraulic or organic capacity of the POTW; or (3) Is designated as significant by the Control Authority because it has a reasonable potential for adversely affecting the POTX,V's operation or for violating a pretreatment standard or requirement. "Significant Noncompliance" or "SNC" An Industrial User's violation that meets one or more of the followSng criteria according to 40 CFR 403.8 (f) (2) (vii): (A) Chronic violations of wastewater discharge limits, in which sixty-six percent (66%) or more of the measurements taken during a six- month period exceed the daily maximum limit, or an average limit, for the same pollutant; 03) Technical Review Criteria ("TRC') violations, 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 by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1:2 for all other pollutants except pH.) (C) Any other violation of a pretreatment effluent limit, 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 Legal~Ordinance/2004 Sewer Use Ordinance 8 ~User" Any person who discharges, causes, or permits the discharge of wastewater into the POTW. "Wastewater" The liquid and water-carried industrial and/or domestic wastes from dwellings, commercial and industrial facilities and institutions, together w/th 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. '%'Vastewater 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. " r "System" Any devices, facilities, ~WastewaterTreatment System o structures, equipment or works owned or used by the City for the purpose of · ' of industrial and the transmission, storage, treatment, recycling and reclamauon domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the System, including intercepting sewers, outfall sewers, sewage collection systems, pumping, po~ver 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 ~vater 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 any Person to place, deposit, or permit to be placed or deposited, any human or animal excrement, garbage or Legal/Ordinance/2004 Sewer Use Ordinance 11 other objectionable waste in an unsanitary manner on public or private property in any area under the Control Authority's jurisdiction. (B) It is unlawful to discharge any sewage or other polluted waters to 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 ~pplicable state and federal laws. (c) Except as otherwise provided in this Ordinance, it 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, destroy, uncover, 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 violating this provision is subject to immediate arrest under a charge of disorderly conduct and frees 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 pordon of the POTW, including collection lines, without first obtaining a writren permit from the City Engineer. Section 50.04 - Connection to POTW Required (A) The Owner of any property used for human occupancy, employment, recreation, or other purposes within the Control Authority's jurisdiction must install suitable sewage waste facilit/es therein. (B) The Owner of any property used 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 by Section 50.04 (A), above, direcdy with the proper POTW collection line within 90 days after the Control Authority gives the Owner written nodce to Legal/Ordinance/2004 Sewer Use Ordinance '* 1 2 health of the general public or POTW personnel. 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 authority under paragraph (~) (1) (vi) (B) of this section to halt or prevent such a discharge; 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 but not limited to baseline monitoring reports, ninety (90)-day compliance reports, periodic self-monitoring reports and reports on compliance ~vith compliance schedules, for thirty (30) days after the due date. (G) Failure to accurately and prompdy report noncompliance; Any other violation or group of violations that the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. "Sludge" Any sol/d, semi-solid, or liquid ~vaste generated from the POTW, or any other waste having similar characteristics and effects as defined 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" Any single discharge of any toxic, conventional or non- conventional pollutant of such volume or strength as to cause interference to the POTW. "Standard Methods" The laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. Legal/Ordinance/2004 Sewer Use Ordinance 9 "Storm Drain" A server 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" Any water flow occurring during or immediately following any form of natural precipitation and resulfng from that precipitation. "Suspended Solids" Sol/ds 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 by the effluent standards in effect at the time of measurement, and that ~vill 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, lack of preventative maintenance, or careless or improper operation of the facilities. Legal/Ordinance/2004 Sexver Use Ordinance., 10 do so, in accordance with the provisions of this chapter. (C) Any property not connected to the POTW within 90 days after the date the Control Authority gives the Owner written notice to do so, may be declared a public nuisance by the Jeffersonville Sanitary Board, the Jeffersonville BPW, or a court of competent jurisdiction. The public nuisance may be abated, and the Owner freed 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 If the POTW is not available under the provisions of Section 50.04, the property's sewage waste facilities must be connected to a Private Sewage Disposal System complying with the provisions of this section. (B) Before commencement of construction of a Private Sewage Disposal System, the Owner must frrst 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 application with any plans, specifications or other information that is required by the City Engineer. The Owner must pay the City a permit and inspection fee of $410.00 with submission of the application. (c) A Private Sewage Disposal System permit is not effective until the installation is completed to the satisfaction of the City Engineer. The Inspector may inspect the construction at any stage. The Oxvner must notify the City Engineer twenty-four (24) hours before the Private Sewage Disposal System is ready for final inspection and before any underground portions are covered. (D) The type, capacity, location and layout of a Private Sewage Disposal System must comply with all recommendations of the State and County Boards of Health. No septic tank or cesspool may discharge to any natural outlet. The Owner must operate and maintain the Private Sewage Disposal System in a sanitary manner at all times at no expense to the City. No statement contained in Legal/Ordinance/2004 Server Use Ordinance 13 this section may be 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, any sepdc tanks, cesspools or similar private sewage disposal facilities must be abandoned, cleaned of sludge, and filled with clean bank-mn gravel or dirt. BUILDING SEWERS Section 50.15 - Applications and Inspections An Owner must apply to the City at the office of the City Engineer, or such other office as is designated by the City Engineer for a permit to connect to the City sewer System. At the time the Owner applies for connection, the Owner must pay the City a tap-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 availability fee established for the property on which the proposed building or facility xvill be located. (B) The permit application must be supplemented with any plans, specifications 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 pay the City a re-inspection fee of $25.00 in advance of the re-inspection Legal/Ordinance/2004 Sewer Use Ordinance 14 (E) If the owner requests that the City Engineer or Inspector make a required inspection or re-inspection after 4:00 p.m. 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 Oxvner bears all costs and expenses incident to the installation and connection of the building or facility to the POTW. The Owner must indemnify the City and hold it harmless from any loss or damage direcdy or indirecdy caused by the 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 connection to the rear building through 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. (D) 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 Legal/Ordinance/2004 Sewer Use Ordinance 1 5 (A) Upon demol/tion 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 notify the City of the location of the capped connection line at least twenty-four (24) hours in advance of the completion of the demolition and capping. (C) If the connection to the POTW used by a previously existing structure has not been used for slx (6) months, a new structure may not use that connection. (D) Within six (6) months of the termination of use of a sewer connection line, the Owner may reconnect a structure to the l/ne 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, joindng, 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 r~construction of an existing Combined Sewer, the City Engineer may, in his/her sole discretion, allow reconstruction of an existing Combined Sewer. Leg*l/Ordinance/2004 Sewer Use O~dinance 16 (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; (4) All required construction permits must be obtained from the City or the State of Indiana before the City Engineer will approve sewer construction; (5) Owners must obtain a Street Cutting Permit from the City Engineer before commencing construction; (6) Owners must submit Preliminary plans and sketches to the City Engineer to allow revision of details before final drawings are completed. The City Engineer will generally require a meeting between the City Engineer, Design Engineer and the Owner; (7) Where nexv 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; (8) The Owner must maintain all sewer improvements constructed for a period of one year after final inspection. The City Engineer 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 improvements; (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; Legal/Ordinance/2004 Sexver Use Ordinance 17 (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 t~vo 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 backsvater valve must be located and installed so that its working parts will be readily accessible for service and repairs. The backwater valve must be placed upstream of the required cleanouts. (12) The deanout nearest the structure must be the same size as the building Owner's 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 by the 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 easement 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) Backf~ling must be the same as for gravity sewers; (d) At creek or stream crossings, the force main must be encased in concrete for slx (6)feet on each side of Legd/Ordinance/2004 Se~er Use Ordinance 1 8 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 (PVC) SDR 35, meeting the requirements of ASTM D-3034 (latest revision), with O-ring type joints. (2) The Owner's engineer must certify the Sewer pipe size is adequate to handle the design flow. The City may require pipe size to be increased to allow for future development. (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) Manhole 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 cement per cubic yard of concrete and shall achieve compressive strength of 3000 psi in28 days. Legal/Ordinance/2004 Sewer Use Ordinance 19 (4) Pipe bedding and backfill. (a) All pipe must be bedded on four (4) inches and covered by twelve (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 backfflled with selected earthen materials, compacted and must be humped over the trench to allow for settling. (c) Where pipe is installed in a graveled area, the remainder of the trench shall be backfflled with compacted dense graded aggregate (DGA), size Indiana No. 53 limestone to a point eight (8) inches below original grade and then filled with Indiana No. 73 crashed, 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 backf2led 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 backfflled with compacted DGA, Size No. 53 limestone to a point nine (9) inches below original grade. The trench must then be trimmed back six (6) inches along each side and filled with 3000 psi concrete flush with original grade. All patch seams must be saw-cut only, smooth and straight, and sealed. Legal/Ordinance/2004 Sewer Use Ordinance 2O (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 may not exceed 200 gallons per inch of sewer diameter per mile per day. (b) Infiltration tests and pressure tests must be conducted by the Owner with the assistance of his/her design engineer. The Oxvner must notify the City Engineer 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. (b)The Owner must connect all laterals 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 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. (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 xvaste earth material. Legal/Ordinance/2004 Sewer Use Ordinance 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 below the basement floor. In all buildings 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 by the 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 mm is connected directly or indirecdy to 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, area~vay drains, or other sources of storm water, surface runoff or groundwater to a building sewer or building drain being connected direcdy or indirecfly to the POTW, the Person must remove the improper connection from the POTW. A Person may not allow storm wate.r, surfac,e runoff or groundwater to enter any open sewer line during construcuon, 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, notify the City Engineer, request inspection of the repair or replacement and pay the required inspection fees in accordance with the provisions of this Ordinance. Legal/Ordinance/2004 Sewer Use Ordinance 22 Section 50.23 -- Notification Of Inspector The applicant for a building server permit must notify the Inspector twenty-four (24) hours before the building server is ready for 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 satisfactory to 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 stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process xvaters. (B) Stormwater and all other unpolluted drainage must be discharged to such sewers as are specifically designated as Combined Sexvers or storm sewers, or to a natural outer approved by the City Engineer. Industrial cooling water or unpolluted process waters may be discharged, with the approval of the City Engineer, to a storm sewer, combined sewer, or natural oudet, if the discharge complies with federal and state requirements. Legal/Ordinance/2004 Sewer Use Ordinance 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 prohibited substances noted in 40 CFR 403.5 and 403.6, including, but not limited to any Wastewater containing 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 mg/1, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32°and 150°F. (0© and 65°C.) at the point of discharge into the System (2) High Temperature. Any liquid or vapor having a temperature higher than 150°F (65°C) or that would cause the influent to the WWTP to be higher than 104°F (40°C). (3) Explosive Mixtures. Liquids, solids or gases, which by reason of their nature or quantity are, or may be, sufficient either alone, or by interaction with other substances, to cause fire or explosion either in the col/ection system or the WWTP, or be injurious in any other way, and pursuant to CFR 403.500)(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 Explosive Un-nit (L.E.L.) of the meter. Prohibited materials include, but are not 1Lmited to, gasoline, kerosene, naphtha, benzene, toluene, eylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. (4) Noxious Materials. Noxious or malodorous solids, I/quids or gases, gases, which, either singly or by interaction with other wastes, are Legal/Ordinance/2004 Sewer Use Ordinance 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 prevailing in the public sewer, with no particle greater than one-half (1/2) inch in any dimension. (6) Radioactive Wastes. Radioactive xvastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and that may cause damage or pose a hazard to the sewage facilities or personnel operating the System. (7) Solid or Viscous Wastes. Solids or viscous wastes that may cause obstruction to the flow in a sewer Line, or otherwise interfere with the proper operation of the POTW. Prohibited 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 paper; paper dishes, cups or milk containers; xvood; plastic; tar or asphalt residues; residues from refining or process o~ 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 dine period longer than fifteen (15) minutes, more than five (5) times the average, 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 prohibited, regardless of whether it falls within the excessive discharge rate specified in this section. (9) Toxic Substances. Any Toxic Substance in an amount 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 Legal/Ordinance/2004 Sewer Use Ordinance 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 by the waste treatment process. (12) Corrosive Wastes. Wastewater having a pH less than 6.0, or more than 11,0 or, which is otherwise capable of causing corrosive structural damage to the POTW or equipment. Prohibited materials, include, but are not limited to acids, sulfides, concentrated chloride and fluoride compounds and substances which will react to form acidic products. (13) Miscellaneous Substances. Any substance 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 xvhere the POTW is pursuing a reuse and reclamation program. This also applies to any substance that will cause the POTW to violate its NPDES and/or state Disposal System Permit or the receiving water quality standards. (14) Hazardous Substances. Any substance that causes a hazard to human life or creates a public nuisance. (15) Trucked/Hauled Wastes. In accordance ~vith 40 CFR 403.5 (b) (8) the discharge of any hauled or trucked pollutants is prohibited, except at points designated by the Control Authority. (B) LIMITATIONS ON WASTEWATER DISCHARGES. The Control Authority will establish and enforce specific maximum discharge concentrations in accordance with 40 CFR, Section 403.5 (c)(1). The following specific discharge limitations apply to all Users. The Control Authority will re- evaluate these limits at least every five (5) years. Legal/Ordinance/2004 Sewer Use Ordinance 26 Parameter Daily Maximum Monthly Average in mg/~liter Arsenic 0.25 ..... Cadmium 0.021 ..... Chromium (total) 2.08 ..... Copper 1.16 0.75 Cyanide 0.23 0.15 Lead 0.21 ..... Mercury 0.0003 Nickel 1.20 ..... Silver 0.36 ..... Zinc 1.88 1.66 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 1/mits imposed in this Ordinance. The Control Authority may grant a variance only to 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 concentrations, flo~v 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 risk to 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 only to the User requesting the variance, and only for the specific Pollutant(s) requested. A Leg-a//Ord/nance/2004 Sewer Use Ordinance 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 by the U.S. Environmental Protection Agency, are more stringent than state or local standards, all Categorical Industrial Users must meet or exceed them. All 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 filing of baseline monitoring reports, compliance reports, and self-monitoring reports. Upon any change in the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. (E) TESTING. The Control Authority will establish and enforce specific testing and reporting programs for Industrial Users discharging to the POTW in accordance xvith 40 CFR 403.12. The Control Authority may also establish testing and reporting programs to apply to all Industrial Users or to certain classes of IUs. In addition, the City may establish User-specific testing and reporting 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 substitute for adequate treatment to comply with a Pretreatment Requirement is prohibited unless expressly authorized by an applicable standard or requirement. r~g~/o,a=nc./2004 S~,.er u,¢ O~a.a=e 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) Prohibit the discharge of the User's Wastewater. (2) Require the User to demonstrate that in-plant modifications will reduce or el/minate the discharge of Pollutants, bringing the User into compliance with this Ordinance. (3) Require Pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the Pollutants bringing the discharge into compliance with these roles and regulations. The City Engineer and the City Attorney may also take any other remedial action they deem desirable or necessary to achieve the purpose of this Ordinance.... (B) SUBMISSION OF PLANS. When the Control Authority requires a User to utilize Pretreatment or equalization of wastewater flows prior to discharge into any part of the POTW, the User must submit plans, specifications and other pertinent data relating 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, role, regulation or order of any governmental authority. The User may not make any subsequent alterations or additions 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 alt other applicable roles 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 Legal/Ordinance/2004 Sewer Use Ordinance Federal agents or representatives, upon the presentation of credentials, may enter upon any property or premises ar reasonable times for the purpose of (1) copying any records required ro be kept under the provisions of this Ordinance, (2) inspecting any monitoring equipment or method, and (3) sampling any discharge of wastewater to the treatment works. Under emergency circumstances, the City Engineer may enter upon any property or premises at any hour. The City ~s not required ro give prior notice to the Owner/User of an unscheduled inspecuon. In accordance with 40 CFR 403.8(f) (1)(v), the City has the legal authority to carry out inspections, surveillance, and monitoring to determine Industrial Users' compliance or noncompliance with applicable Pretrearrnent Requirements. The City also has the authority to inspect all areas of an IU's facility including without limitation process areas, areas with floor drains, chemical storage areas, hazardous waste 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 authority to 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 safetv rules applicable to the premises the Owner/User has established. The City will indemnify the Owner/User against loss or damage to its property caused solely by City employees, and against liability claims and demands for personal iniury 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 folloxo_ng purposes (by way of example, but not limitation): inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. The City will make any entry and perform all 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 CFR 403.8(f)(2)(v) each Industrial User must develop a Slug Discharge Control Plan that outlines discharge practices (including non-routine batch discharges), Legal/Ordlnance/2004 Sewer Use Ordinance 30 describes stored chemicals, and contains procedures both to notify the City immediately of Slug discharges, and to prevent adverse impacts from any accidental spill. The City Engineer must approve the Slug Discharge Control Plan. (G) PROTECTION FROM ACCIDENTIAL DISCHARGE. Each User must provide protection from accidental discharge of Pollutants or other wastes regulated by this Ordinance. Facilities to prevent accidental discharge of Pollutants must be provided and maintained at the Owner/User's cost and expense. The Owner/User must submit detailed plans showing facilities and operating procedures to provide this protection to the City Engineer for review, and approval prior to commencement of construction (if a new facility) or occupancy (if an existing facility) of the facility. The City Engineer's review and approval of the Owner/User's plans and operating procedures does not relieve the User from the responsibility to modify the facility, after obtaining the City Engineer's prior written approval, as necessary to 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 p~ohibition or limitation in this Ordinance or in any other applicable local, state or federal law, regulation or permit, the User responsible for causing a discharge violation, or potential violation, must immediately notify the City Engineer, the WWTP Operator and Pretreatment Coordinator so that corrective action may be taken to protect the POTW. In addition, within five (5) days of the occurrence of the violation, or discovery of the potential violation, the User must file a written report addressed to the City Engineer detailing the date, time and cause of the violation, the quandty and characteristics of the violating discharge, and any corrective action the User has taken to prevent furore violations. (I) NOTICE TO EMPLOYEES. A notice must be permanendy 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 notification procedure. (J) FEES. The City must recover the cost of implementing a Pretreatment Program from Industrial Users of the POTW. The applicable Legal/Ordinance/2004 Sewer Use Ordinance 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 Program; (2) Fees for monitoring, inspections and surveRlance 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 Pretreatment Standards; (7) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the Industrial Users covered under this section of the Ordinance and are separate all other fees chargeable by the Board of Public Works and/or the City. (K) SPECIAL AGREEMENTS. No Person may construe any statement contained in this chapter as preventing any special agreement or arrangement between the City and any Industrial User whereby the City may 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. Ho~vever, this is for conventional Pollutants only and does not apply to National Categorical Pretreatment Standards or metals. Section 50.33 -- Industrial Wastewater Monitoring And Reporting (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 Legal/Ordinance/2004 Sewer Use Ordinance any Wastewater except as authorized by the City Engineer in accordance with the provisions of this Ordinance. Legal/Ordinance/2004 Sewe~ Use Ordinance 3 3 (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 by the Control AUthOrity, and accompanied by a fee as established by the 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 different from the address); (b) SIC number according to the Standard industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Wastewater Constituents and Characteristics, including but not lknited to those mentioned in Section 50.31 of this Ordinance, either anticipated in the wastewater or as determined by a reliable analytical laboratory; all sampling and analysis must be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended. (d) Time and duration of discharge. (e) Average daily, and peak, Waste~vater flow rates, including daily, monthly and seasonal variations, if any. (f) Site plans, floor plans, mechanical and plumbing plans for plant and/or Pretreatment facilities and details to shoxv all sewers, sewer connections, and appurtenances by the size, location and elevation. Legal/Ordinance/2004 Sewer Use Ordinance 34 (g) Description of activities, facilities and plant processes on the premises including all materials that the Industrial User expects to discharge to the POTW, (h) Where known, the nature and concentration of any Pollutants in the discharge which are limited by any City, state or federal Pretreatment Standards. (i) Description of Pretreatment facilities and/or O&M techniques required to meet the Pretreatment Standards 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 for major components, commencing construction, completing construction, etc.).. (k) Each product produced by type, amount, 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 (BMR) as required under 40 CFR 403.12(b) for every CIU. This report must identify the facility, indicating permits, describe operations, and contain flow and pollutant measurements, and must be signed and certified by the appropriate official. (o) BMRs and reports on compliance with categorical standards (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, Legal/O~dinance/20~4 Sewer Use Ordinance 35 compliance with applicable categorical standards and whether, any Pretreatment (or O & M) is required to attain compliance. (p) As required by 40 CFR 403.12(1), BMRs, reports on compliance with categorical standard deadlines (90-day compliance reports), and periodic compliance reports for CIUs must be signed by an Authorized Representative of the User and contain the certification statement in 40 CFR 403.6(a)(2)(ii), which essentially attests to the integrity of the analytical data submitted. (cD Information on the IUs solid/hazardous waste disposal practices, or other environmental permits held by the IU must be submitted with the permit application. (r) The name, fide, address, and telephone number of the designated signatory authority for the IU's reports and permit applications. (s) Any other information the Control Authority deems necessary to evaluate the permit application. The Control Authority will evaluate the data furnished by the Industrial User and may require additional information. After evaluation and acceptance of the data furnished, the Control Authority may issue an Industrial Discharge Permit subject to terms and conditions provided herein. O) Permit Modifications. Within thirty 0©) days after the promulgation of, or revision to, a National Categorical Pretreatment 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 by the 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 Permit 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 Legal/Ordinance/2004 Sewer Use O,ainance 36 Federal Categorical Pretreatment Standard the information required by paragraph (la) and (i) of Section 50.3200)(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 Constituents And Characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equ, lization. (d) Requirements for installation and maintenance of inspection and sampling facilities; (e) Specifications for monitoring programs that may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (~) 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 operations, and containing flow and pollutant measurements, signed and certified by the appropriate official, as provided in 40 CFR 403.12(b); (i) 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 Legal/Ordinance/2004 Sewer Use Ordinance 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 relating to Wastewater discharge as specified by the Control Authority, and affording access thereto; (k) Requirements for notification to the City Engineer of the IU's 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; (1) Requirements for notification of slug discharges; (m) Requirement that the IU must notify the City within t~venty- 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 this re-sampling to the City within 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 comply with 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 by the Authorized Representative of the User and contain the certification statement in 40 CPR 403.6(a) (2)(ii), which essentially attests to the integrity of the analytical data subrnitred. ~eg~/O~d~.ce/2004 S~w~ u~ o~0in=nce 3 8 (co The name, tide, address, and telephone number of the designated signatory authority for IU reports and the permit application. (r) Other conditions as deemed appropriate by the 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 period less than one (1) year or may expire on a specific date. The User must apply for permit re-issuance a minimum of ninety (90) days prior to the expiration of the User's existing permit. The User must submit the permit renewal fee established by the Control Authority with the application for renewal. The terms and conditions of the permit are subject to modification by the Control Authority during the term of the permit as limitations or requirements in the Act, the CFR, the National Categorical Pretreatment Standard, State Statutes or this Ordinance, including Section 50.31(A), (B), (C), (D) and (E), are modified, or for other just cause, in the City's sole discretion. Normally, the User will be informed of any proposed changes in the permit at least thirty (30) days prior to the effective date of charge. However, if the Control Authority finds that there exists an emergency xvarranting immediately effective changes in the permit, the Control Authority will 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 new or changed operation without the written approval of the Control Authority. Any succeeding O~vner 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. Legal/Ordinance/2004 Sewer Use Ordinance 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 de following: (a) The nature and concentration of all Pollutants in the discharge from the regulated process that are 1/mired by such Pretreatment Standards or Requirements. (b) A{rerage 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 and/or Pretreatment is necessary to 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 by a qualified professional. The certification must meet the requirements of 40 CFR 403.6(a) (2) (ii). (3) Periodic Compliance Reports. (a) Any User subject to a Pretreatment Standard or Requirement, after the compl/ance 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 by the City Engineer, a report indicating the nature and concentration of Pollutants in the effluent which are limited by the Pretreatment Standard or Requirement. In addition, this report must include a record of all daily flows during the reporting period that exceeded the average daily flow reported in paragraph (B)(2)(e) of this section. At the discretion of the City Engineer and in consideration of such factors as local high or low flow rates, hol/days, budget cycles, etc., the City Engineer may agree to alter the months during which the above reports are to be submitted. Legal/Ordinance/2004 Sewer Use Ordinance 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 mass limkations are appropriate· In those cases, the report required by subparagraph (a) of this paragraph must indicate the mass of Pollutants regulated by Pretreatment Standards or · · ' t These reports must contain Reqmrements m the User s effluen. the results of sampling and analysis of the discharge, including: the flow and the nature and concentration; production and mass where requested by the City Engineer; and Pollutants contained therein that are limked by the 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 CFR, Part 136 and amendments thereto or in accordance with any other test procedures approved by the EPA Administrator. (4) Baseline Monitoring Reports. (a) A Baseline Monitoring Report (BMR) must be .submitted to the Manager by all CIUs 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 including a process description, SIC code number, raw materials used, chemicals used, and final product(s) produced; (2) Name of facility contact person; (3) Wastewater characteristics such as total plant flow, types of discharges, average and maximum flows from each process; (4) Nature and concentration of pollutants discharged to the POTW that are regulated by this Ordinance, state and/or federal Pretreatment Standards and sample type and locadon; (5) information concerning any Pretreatment equipment used to treat the facility's discharge. Legal/Ordlnance/2004 Sewer Use Ordinance 41 (b) 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 Pretreatrnent program's computer data bank by use of Pretreatment Compliance Monitoring Enforcement (PCME) software. The reports are then distributed to the Pretreatment Coordinator and staff members for review and analysis with respect to the individual IU's permit and the Pretreatment program requirements. (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 facil/ty to be constructed in a public right 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 facility to allow accurate sampling and preparation of samples for analysis. The User must maintain the inspection, sampling, and flow measurement facRity, and its sampling and measuring equipment, at all times in a safe and proper operating condition at the User's expense. Whether constructed 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 Legal/Ordinance/2004 Sewer Use Ordinance 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 User's 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 allow the City Engineer, 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 City Engineer, State or EPA representatives have the right to erect on the User's property such devices as are necessary to conduct their official duties, including but not 1/mired to: sampling inspection, compliance monitoring, or metering operations. Where a User has security measures in force requiring a proper identification and clearance before entry onto the premises, the User must make any arrangements necessary with their security guards so that upon presentation of 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 sampl/ng in accordance with either this Section or Section 50.33 (Ir). However, an Industrial User may make a claim of confidentiality under Section 50.33(1) 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 50.31, 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 independendy take and/or test samples, the IU from whom the samples are taken must reimburse the City, upon demand, for the dost of the sampling and/or testing. Legal/Ordinance/2004 Sewer Use Ordinance 43 ENFORCEMENT; ENFORCEMENT RESPONSE PLAN Section 50.40 -- Enforcement Procedures (A) Enforcement Response Plan. The Control Authority will establish and adopt an Enforcement 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 Violation (NOV) Whenever the Control Authority finds that a User has violated or is violating this Ordinance, or a Wastewater Permit or Order issued hereunder, the City Attorney or authorized deputy, agent or representative will serve upon the User written notice of the violation according to the adopted Enforcement Response Plan. Within ten (10) days from the receipt date of this notice, the User must submit to either the City Engineer or the 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 violations 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 ~ 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 causes or contributes to violation of this Ordinance, an Industrial Discharge Permit or an Order issued hereunder, to show cause why a proposed enforcement action 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 Legal/Ordinance/2004 Sewer Use Ordinance 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 may be 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 xvaived the User's right to be present at the heating, 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 hearing 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 hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings. · Take the evidence. Trinsmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon. (c) At any public hearing, testimony taken before the Board or 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 City Engineer 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 facilities, 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, Legal/Ordinance/2004 Sewer Use Ordinance 45 including the installation of Pretreatment technology, additional self-monitoring, and management practices. (5) Cease and Desist Orders: When the City Engineer finds that a User has violated or continues to violate this Ordinance or those contained 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) Administrative Penalties: Any User who is found to have violated any provision of this Ordinance, or the Orders and Permits issued hereunder, may be freed by the Control Authority in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per violation. Each day on which noncompliance occurs or continues may be 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 it uses to collect other service charges. Unpaid charges, frees, and penalties constitute a lien against the User's prgperty. Users desiring to dispute such frees must £fle a request for the City Engineer to reconsider the fine within ten (10) days after the Control Authority gives the User notice of the £me. If the City Engineer 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 ~vhenever the suspension is necessary to stop an actual or threatened discharge presenting or causing any of the following conditions: Legal/Ordinance/Z004 Sewer Use Ordinance 46 · An imminent or substantial endangerment to 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 and/or the Industrial Discharge Permit must immediately stop or el/minate its discharge. The Board will conduct a hearing within fourteen (14) days of the notice of suspension to determine whether the suspension may be lifted or the User's Wastewater discharge permit terminated. If the Person fails to comply voluntarily with the suspension order, the City Engineer will take such steps as deemed necessary, including immediate severance or plugging of the User's connection to the POTW, to prevent or minimize damage to the POTW or its receiving stream, or endangerment to any Persons. The Control Authority will reinstate the Wastewater discharge 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 endangerment must submit a detailed written statement describing the causes of the harmful discharge and the measures taken to prevent any future occurrence to the Board prior to the date of the hearing described. (8) Termination of Permit. Any User who violates the following conditions of this chapter or an industrial discharge permit or order, or any applicable or state or federal law, is subject to permit termination. (a) Failure to accurately report the Wastewater Constituents And Characteristics of its discharge. Failure to report significant changes in operations or Wastewater Consfituants or characteristics. (c) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling. (d) Violation of Permit conditions. Legal/Ordinance/2004 Sewer Use Ordinance 47 Noncompliant Users will be notified of the proposed termination of their Discharge Permit and be offered an opportunity to show cause under paragraph (B)(3), above, why the proposed action should not be taken. (C) Judicial remedies. (1) Legal action. If any Person discharges sewage, industrial wastes, or other wastes into the POTW contrary to 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 violated 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 may be appropriate) which restrains or compels the User's activities. In the event the Control Authority chooses to correct the violation, the Control Authority may add the cost of the correction fo the User's next scheduled sewer service charge. The City has the same remedies to collect these fees as it has to collect other sewer service charges. PENALTY; COSTS Section 50.50 -- Penalty; Costs (A) CIVIL PENALTIES. (1) Any User who violates 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 violation per day for as long as the violation(s) continues, plus actual damages incurred by the POTW. In addition to the above described penalty and damages, the Control Authority is endfled 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. Legal/Ordinance/2004 Sewer Use Ordinance 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 liability, the court must take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, the economic benefit gained through the User's violation, corrective actions by the 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 ora misdemeanor, punishable by a frae 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 frae not to exceed Three Thousand Dollars ($3,000.00) per violation, per day, or imprisonment for up to three (3) years or both. (2) Falsifying Information. (a) Any User xvho knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document fried or required to be maintained pursuant to this Ordinance, or Permit, or who falsifies, tampers with, or kno~4ngly renders inaccurate any monitoring device or method required under this Ordinance, or Pen-uit, shall, upon conviction, be punished by a frae 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 by a frae not to exceed Three Thousand Dollars ($3,000.00) per violation, per day, or imprisonment for up to three (3) years or both. i~lO,&~c~12oo4 Scwe, u~ O,ai=~n,e 49 Section 50.51 - Additional Enforcement Action (A) ANNUAL PUBLICATION OF SIGNIFICANT VIOLATIONS. The Control Authority xvilt 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 by this ordinance, with any provisions of this Ordinance or any order or Permit issued hereunder during the period since the previous publication. (B) PERFORMANCE BOND The Control Authority may decline to reissue a Permit to any Industrial User that has failed to comply xvith the provisions of this Ordinance or any order or previous Permit issued hereunder unless such User frrst files with the Control Authority a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City Engineer to be necessary to achieve consistent compliance. (C)LIABILITY INSURANCE 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 the Industrial User first submits proof that he has obtained financial assurances sufficient to restore or repair POTW damage caused by the Industrial User's discharge. (D) WATER SUPPLY SEVERANCE Whenever a User violates or continues to violate the provisions of this Ordinance or an Order or Permit issued hereunder, water service to the User may be severed and service will only recommence, at the User's expense, after the User has satisfactorily demonstrated an ability to comply. Legal/Ordinance/2004 Sexver Use Ordinance 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 frae or civil penalty levied against the User, the CiD' Engineer 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) RIGHT TO INSPECT GENERALLY FOR COMPLIANCE In accordance with 40 CFR 403.8(i)(i)(v), City representatives have the legal authority to carry out inspections, surveillance, and monitoring to determine an IU's compliance or noncompliance with applicable Pretreatment Standards and Requirements. City representatives also have the legal authority to inspect all areas of an IU's facility including process areas, areas xvith 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 areas where effluent monitoring records are kept. Further, City representatives have the authority to 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 Waste~vater treamaent as necessary or required to comply with this Ordinance and must achieve compliance xvith all Federal Categorical Pretreatment Standards within any time limitadons 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 ro the Legal/Ordinance/2004 Sewer Use Ordinance 51 Control Authority for the City Engineer's review, detailed plans showing proposed pretreaunent 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 responsibility to modify the facility as necessary to produce an effluent acceptable to the Control Authority under the provisions of this Ordinance. Any subsequent changes in the Pretreatment facilities or method of operation 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 by 40 CFR 403.14, the City will make available to the public or other governmental agencies without restriction, information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections, unless the User specifically requests confidentially of those records at the time of submission 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 entided 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 by the 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 portions of the report that might disclose trade iecrets or secret processes. Wastewater Constituents And Characteristics are not recognized as confident/al information. Information accepted by the Control Authority as confidential must be treated in accordance with the "Public Information" procedures of 40 CFR 2.302. Leg:d/Ordinance/2004 Sewer Use Ordinance 52 (J) LIST OF SIGNIFICANT INDUSTRIAL USERS. The City currently obtains information on an annual basis from each Industrial User by use of an annual user survey form. Based on the information contained in these forms each year, the respective IU's £de is updated as necessary. In addition, the City maintains a list of the Significant Industrial Users within the City Pretreatment Program and provides that t/st to the Approval Authority on a quarterly basis. A copy of the Quarterly Industrial User Summary Sheet is included in Section IV. SAVING AND CONFLICT CLAUSES Section 50.70 --Savings Clause If any court of competent jurisdiction invalidates any prov/sion, 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 Ail ordinances and parts of ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this day oLAp~2 2004. THF/'CITY OF.j }.P~RSON~LLE, BY:k.._.__/ Robert ¢ Waiz, Jr. Presidifig Officer Legal/Ordinance/2004 Sewer Use Ordinance 53 ATTEST: ~v~l~ O~ .. Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~2~ day of Apffi 20041 Clerk-Treasurer 2004. This Ordinance approved and signed by ;.~&i~/y of Ap~ Robert~L''. Waiz,'Jr., Mayor ~g~/O,~i=an¢~/2004 s~e, u~ o=cun~c~ 54