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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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§ 1054.22 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)
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