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Barberton Overview
Barberton, OH Code of Ordinances
BARBERTON, OHIO CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF BARBERTON, OHIO
PART TWO: ADMINISTRATION CODE
PART THREE: TRAFFIC CODE
PART SIX: GENERAL OFFENSES CODE
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
PART TEN: STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE TWO: STREET AND SIDEWALK AREAS
TITLE FOUR: UTILITIES
CHAPTER 1040: SEWERS
CHAPTER 1044: WATER
CHAPTER 1048: GAS
CHAPTER 1052: ELECTRICITY
CHAPTER 1054: INDUSTRIAL WASTE DISCHARGES
§ 1054.01 DEFINITIONS.
§ 1054.02 PURPOSES.
§ 1054.03 COMPLIANCE.
§ 1054.04 PROHIBITED DISCHARGES.
§ 1054.05 DETERMINATION OF ACCEPTABILITY OF DISCHARGES.
§ 1054.06 UNACCEPTABLE DISCHARGES DEFINED.
§ 1054.07 PROCEDURES FOR UNACCEPTABLE DISCHARGES.
§ 1054.08 PRETREATMENT OF UNACCEPTABLE DISCHARGES.
§ 1054.09 CONSTRUCTION OF PRETREATMENT FACILITIES; PLAN APPROVAL.
§ 1054.10 OPERATION AND MAINTENANCE OF PRETREATMENT FACILITIES.
§ 1054.11 LIMITATIONS ON WASTEWATER POLLUTANTS.
§ 1054.12 DILUTION PROHIBITION.
§ 1054.13 MONITORING AND FLOW MEASUREMENT FACILITIES.
§ 1054.14 RIGHT OF ACCESS.
§ 1054.15 REQUIREMENTS FOR NON-CATEGORICAL WASTEWATER DISCHARGERS.
§ 1054.16 REQUIREMENTS FOR CATEGORICAL WASTEWATER DISCHARGERS.
§ 1054.17 REQUIREMENTS APPLICABLE TO ALL INDUSTRIAL USERS.
§ 1054.18 COMPLIANCE SCHEDULE.
§ 1054.19 TRADE SECRETS AND CONFIDENTIALITY.
§ 1054.20 PROTECTION FROM ACCIDENTAL DISCHARGES.
§ 1054.21 ACCIDENTAL DISCHARGE NOTIFICATION AND REPORTING.
§ 1054.22 CHARGES FOR DAMAGE TO SYSTEM.
§ 1054.23 TREATMENT SYSTEM BYPASSES.
§ 1054.24 OPERATING UPSETS.
§ 1054.25 PRETREATMENT PROGRAM FEES.
§ 1054.26 SURCHARGES.
§ 1054.27 ADMINISTRATIVE ORDERS TO CONTROL DISCHARGES.
§ 1054.28 REQUESTS FOR RECONSIDERATION OF SUPERINTENDENT’S DECISIONS.
§ 1054.29 NOTICES OF VIOLATIONS.
§ 1054.30 ASSESSMENT OF ADMINISTRATIVE FEES; INDUSTRIAL WASTEWATER REVIEW BOARD.
§ 1054.31 EMERGENCY SUSPENSION OF SERVICE.
§ 1054.32 TERMINATION OF TREATMENT SERVICES.
§ 1054.33 RETENTION OF RECORDS.
§ 1054.34 FALSIFYING INFORMATION.
§ 1054.35 ANNUAL PUBLICATION OF SIGNIFICANT NON-COMPLIANCE.
§ 1054.99 PENALTY.
CHAPTER 1056: ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
CHAPTER 1058: GENERAL LIGHTING UTILITY
TITLE SIX: OTHER PUBLIC SERVICES
PART TWELVE: PLANNING AND ZONING CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Barberton Development Code
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§ 1054.20 PROTECTION FROM ACCIDENTAL DISCHARGES.
   (A)   Each industrial user shall provide protection from accidental or slug discharges to the sewerage system of the prohibited or regulated wastes identified in this chapter, as well as any other substance or material that would cause interference or pass through of the POTW treatment plant. Facilities to prevent accidental discharges may include walls or dikes, separate storage, removal of drain lines from locations where significant quantities of harmful materials can enter sewerage systems, or other appropriate control procedures. The plan shall be reviewed once during the term of the significant industrial user’s administrative orders to control the user’s discharge to the sanitary sewer or within one year of being identified as a significant industrial user.
   (B)   Where such protection facilities are determined to be inadequate to control or eliminate accidental or slug discharges, the authority may require submission of spill prevention and control plans, and the installation of additional control facilities by the user. Plans shall be submitted to the Superintendent of Utilities for approval prior to construction or implementation. Review and approval of such plans or procedures shall not relieve the user of responsibility for preventing the discharge of unacceptable materials to the sewerage system.
   (C)   Any significant industrial user that wishes to make significant changes to the user’s operations or pretreatment system which might alter the nature, quality of volume of its wastewater must notify the Superintendent of Utilities at least 30 days prior to the change.
(Prior Code, § 1054.20) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
§ 1054.21 ACCIDENTAL DISCHARGE NOTIFICATION AND REPORTING.
   (A)   All industrial users shall notify the POTW treatment plant immediately upon the first awareness of all discharges that could cause problems to the POTW, including any slug loadings or spills that may enter the sewerage system. The notification shall include the name of the caller, location of the discharge point, date and time of discharge, identification of pollutant, including concentration and volume, and corrective actions taken. Notification of accidental releases in compliance with this section does not relieve the user of other reporting requirements under local, state or federal laws, or of liability for any consequential expense, loss or damage to the POTW treatment system, or for any fines and/or penalties imposed on the user which result from violative discharges.
   (B)   Within five days following an accidental discharge, the user shall submit to the Superintendent of Utilities a detailed written report specifying:
      (1)   Description and cause of the slug load or accidental discharge, including identification of pollutant, concentration and volume of discharge;
      (2)   Duration of event, including dates and times, and if non-compliance is continuing, the time by which compliance is reasonably expected to occur; and
      (3)   All steps taken or to be taken to reduce, eliminate and/or prevent recurrence of the discharge or other conditions of non-compliance.
(Prior Code, § 1054.21) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
§ 1054.22 CHARGES FOR DAMAGE TO SYSTEM.
   When discharge of wastes by any industrial user causes an obstruction, damage or any other impairment to any part of the sewerage system, a charge shall be levied by the Superintendent of Utilities against such user for the cost of the work required to clear and/or repair the part of the system affected by such discharge. The Superintendent shall add such charge to the user’s usual service charges, surcharges or fees.
(Prior Code, § 1054.22) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
§ 1054.23 TREATMENT SYSTEM BYPASSES.
   (A)   Notification of bypass.
      (1)   If a user knows in advance of the need for a bypass, it shall submit prior notice to the authority, if possible, at least ten days before the date of the bypass.
      (2)   A user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the authority within 24 hours after the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the bypass. The authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
   (B)   Prohibited bypasses. The authority may take enforcement action against an industrial user for a bypass, unless:
      (1)   The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
      (2)   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
      (3)   The user submitted notices as required under division (A)(2) above.
(Prior Code, § 1054.23) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
§ 1054.24 OPERATING UPSETS.
   (A)   Any categorical or non-categorical industrial user which experiences an upset in pretreatment facility operations which places the user in a temporary state of non-compliance with applicable pretreatment standards shall inform the authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the Superintendent of Utilities within five days. The report shall specify the following:
      (1)   A description of the upset, the cause thereof and the upsets impact on the user’s compliance status;
      (2)   The duration of non-compliance, including exact dates and times of non-compliance and, if the non-compliance continues, the time by which compliance is reasonably expected to occur; and
      (3)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
   (B)   A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Superintendent against a user for any non-compliance with pretreatment standards which arises out of violation alleged to have occurred during the period of the upset. A user who wishes to establish the affirmative defense shall demonstrate through properly signed, contemporaneous operating logs or other relevant evidence, that:
      (1)   An upset occurred and the user can identify the cause(s) of the upset;
      (2)   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
      (3)   The user had submitted to the control authority the information required in division (A) above. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
   (C)   The industrial user shall control production on all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies where, among other things, the preliminary source of power of the treatment facility is reduced or fails.
(Prior Code, § 1054.24) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
§ 1054.25 PRETREATMENT PROGRAM FEES.
   To compensate the city for the cost of administration of the pretreatment program, each industrial discharger shall pay the cost of analytical services relative to such discharger rendered by outside independent laboratories required for program compliance. Charges shall be at the invoiced cost to the city.
(Prior Code, § 1054.25) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
§ 1054.26 SURCHARGES.
   (A)   Every person, firm or corporation whose premises are served by a sanitary sewer connection and discharges wastes other than “normal sewage” into the sewerage system of the city shall pay an “extra strength surcharge” in addition to the sewage service charge for “normal sewage”. NORMAL SEWAGE is defined as that which contains pollutants in concentrations no greater than listed below:
 
Pollutants
Concentration (in mg/l)
BOD
250
COD
500
SS
250
Phosphorus
10
Oil and grease
100
 
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at 20°C.
      COD or CHEMICAL OXYGEN DEMAND. A measure of the oxygen equivalent of the organic matter that can be measured using a strong chemical oxidizing agent in an acidic medium.
      OG or OILS AND GREASES. Those materials extractable from an acidified sample by Freon and other acceptable solvents in accordance with approved laboratory produces.
      P or PHOSPHORUS. Measured as phosphorus.
      TOC or TOTAL ORGANIC CARBON. A measure of the organic matter present in wastewater determined by injecting a known quantity of sample into a high temperature furnace, oxidizing to carbon dioxide in the presence of a catalyst and measuring the quantity produced. TOC may be used to reflect BOD or COD.
      TOD or TOTAL OXYGEN DEMAND. A measure of the oxygen required by the organic and some inorganic substances determined by heating a sample in a platinum catalyzed combustion chamber and monitoring the oxygen content present in the nitrogen carrier gas.
      TSS or TOTAL SUSPENDED SOLIDS. Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
   (C)   Industrial waste surcharges shall be determined according to the following procedure:
      (1)   (a)   Whenever the wastes are ruled acceptable for wastewater treatment and the wastewater contains BOD and/or COD, suspended solids, phosphorus and/or oil and grease in excess of normal sewage, the excess shall be subjected to a monthly surcharge for each constituent as follows:
 
Pollutants
Surcharge
BOD
$0.160/lb BOD
COD
0.010/lb COD
TSS
0.21/lb SS
P
2.21/lb P
OG
0.30/lb Oil and greases
 
         (b)   Charges will be based either on extra strength COD or BOD, plus other parameters listed. These rates will be effective immediately upon passage of this section.
         (c)   In addition to the surcharge, the user will pay the regular sewer service charge on the entire volume of sewage discharged to the sewerage system.
      (2)   Each industry subject to the provisions of the extra strength surcharge shall submit monthly, on a timely basis, the certified daily flow and analysis of the extra strength discharge to the sewerage system.
      (3)   The Superintendent of Utilities shall determine which sampling test (BOD, COD, TOC, TOD and the like) is representative of actual wastewater loadings and specify the type and frequency of analysis necessary for monitoring discharges and for billing purposes.
      (4)   The Superintendent will evaluate the waste strength, and these determinations shall be binding as a basis for charges.
      (5)   The volume of flow used for computing industrial waste surcharges shall be metered water consumption of the user as shown in the records of meter readings maintained by the city’s Water Department or metered wastewater discharged to the city’s sewer system.
         (a)   If the user discharging industrial wastewater into the POTW procures any part, or all, of their water from sources other than the city’s water system, all or part of which is discharged into the public sewers, the user shall install and maintain, at his or her expense, water meters of a type approved by the Superintendent for the purpose of determining the volume of water obtained from those other sources.
         (b)   Devices for measuring the volume of waste discharged may be required by the Superintendent if these volumes cannot otherwise be determined from the metered water consumption records.
         (c)   Metering devices for determining the volume of waste shall be installed, owned, and maintained by the user. Following approval and installation, such meters may not be removed without the consent of the Superintendent. The volume of flow used for computing industrial waste surcharges shall be determined as provided in this division (C).
(Prior Code, § 1054.26) (Ord. 59-1991, passed 4-8-1991; Ord. 190-2002, passed 11-12-2002; Ord. 149-2013, passed 9-9-2013; Ord. 142-2016, passed 12-12-2016)
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