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(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)
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)
(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)
(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)
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)
(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)
(A) The Superintendent of Utilities may issue, at any time deemed necessary, an administrative order to any user to control the user’s discharge to the sewerage system and enforce compliance with any regulation established by this chapter, including, but not limited to, the following:
(1) The general and specific discharge prohibition;
(2) Compliance with specific local discharge limits;
(3) The applicable national categorical pretreatment standards;
(4) The requirements for preparing a slug control plan;
(5) Best management practices (BMP) as a local limit or other BMP requirements;
(6) Compliance with applicable sampling and reporting requirements; and
(7) Compliance with limitations and requirements specified in administrative orders of wastewater acceptance.
(B) An administrative order will be in the form of a written notice from the Superintendent and may be served upon any user by a duly authorized representative of the Superintendent or by certified mail with return receipt requested.
(Prior Code, § 1054.27) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
(A) Any industrial user affected by any decision, action and determination, made by the Superintendent of Utilities interpreting or implementing the provisions of this chapter, may file with the Superintendent a written request for reconsideration within ten days of notice of such decision, action or determination, setting forth in detail the facts supporting the user’s request for reconsideration.
(B) The Superintendent may amend his or her original decision, action or determination. The request for reconsideration shall be referred immediately to the City Council for review and recommendations in the event the Superintendent does not amend his or her original decision, action or determination within ten working days of delivery of the request for reconsideration.
(C) The City Council shall conduct such hearings and studies as it considers necessary and shall deliver its recommendations to the Superintendent as soon as possible, but no longer than 60 days of the request for reconsideration. The Superintendent’s decision, action or determination shall remain in effect during such period of consideration, unless specific exception is granted by the Superintendent.
(Prior Code, § 1054.28) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
Whenever the Superintendent of Utilities finds that an industrial user has violated or is violating any limitation or requirement of this chapter, or administrative order issued hereunder, the Superintendent may serve or cause to be served a written notice of the violation by certified mail, return receipt requested. The notice may serve to inform the user of a minor or infrequent violation only, or require a written explanation of the violation and specific actions to be taken to prevent recurrence. Required responses shall be submitted to the Superintendent within 15 days of the receipt date of the notice.
(Prior Code, § 1054.29) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
(A) The Superintendent of Utilities may assess administrative fees upon industrial users which are in violation of pretreatment standards and requirements, including, but not limited to, unpermitted discharges, exceedance of discharge limits, reporting requirements, sampling requirements and other provisions of this chapter. Assessment of fees up to $500 per day for each day of violation may be imposed. The amount of fees assessed shall be determined on the basis of a written schedule adopted by the city reflecting the type, frequency and seriousness of violations.
(B) Written notification to industrial users shall be made stating the violations and amount of fees to be assessed. Notification shall include notice that the industrial user may request a hearing before the Industrial Wastewater Review Board to show cause why said fees should not be imposed. The user must request the hearing within ten days of receipt of notification.
(C) The Industrial Wastewater Review Board shall be comprised of the Barberton Public Service Director, Superintendent of Utilities and Superintendent of Wastewater Treatment. Upon having information presented by the user, the Board shall determine the appropriate action to be taken, and the decision of the Board shall be final.
Administrative Fee Assessment Schedule
| ||
Non-Compliance | Nature of Violation | Range of Fees |
Administrative Fee Assessment Schedule
| ||
Non-Compliance | Nature of Violation | Range of Fees |
Illegal Discharges | ||
1. Non-permitted discharge | Discharge of non-conventional pollutants excluded by discharge acceptance orders (no adverse environmental or POTW impact). | $50-100 |
2. Non-permitted discharge | Discharge of non-conventional pollutants excluded by discharge acceptance orders causing POTW inhibition, or NPDES permit violation. | $300-500 |
3. Unpermitted discharge | Discharge of unregulated pollutants resulting in POTW inhibition (no interference or pass through). | $50-300 |
4. Unpermitted discharge | Discharge of unregulated pollutants resulting in violation of POTW NPDES permit. | $300-500 |
Discharge Standard Violation | ||
1. Exceedance of discharge limits or prohibited discharges. | Third violation or more within 6 months. | $50-500 |
2. Exceedance of discharge limits or prohibited discharges. | Any violation resulting in inhibition (no interference or pass through). | $200-300 |
3. Exceedance of discharge limits or prohibited discharges. | Any violation resulting in POTW interference or pass through violation. | $300-500 |
4. Exceedance of discharge limits or prohibited discharges. | Any violation causing endangerment to sewerage system, POTW personnel, or to the general public. | $300-500 |
Pretreatment Facility Compliance Schedules | ||
1. Missed milestone date. | Violation not for good or valid cause. Will affect other milestone or final compliance date. | $200-400 |
2. Failure to meet compliance schedule reporting requirements. | No report submitted and did not complete milestone. | $100-300 |
3. Missed final compliance date. | 30 days or more. Failure or refusal to comply without good or valid cause. | $250-500 |
Spill Incidents and/or Slug Discharge Incidents | ||
1. Repeat spill and/or slug discharge incidents | Failure to upgrade or develop required spill prevention and/or slug control program(s) | $100-300 |
Sampling and Reporting | ||
1. Late submission of reports (minor compliance and surcharge sampling reports). | Frequent and repeated offenses. | $50-100 |
2. Late submission of major reports (BMR, 90-day compliance, compliance schedule, and categorical self- monitoring reports). | Failure to provide required reports within 30 days of due date. | $100-300 |
3. Non-reporting | Failure to notify or report spill discharges, slug discharges and treatment facility bypass events. | $50-100 |
4. Non-reporting | Failure to notify or report 30 days in advance any substantial change in volume or character of wastewater pollutants to be discharged or changes in treatment. | $100-300 |
5. Sampling violations | Frequent and repeated omissions of required sampling and monitoring data. | $50-100 |
Compliance Orders | ||
1. Compliance violations | Failure to comply with actions required by administrative orders. | $100-300 |
(Prior Code, § 1054.30) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
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