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(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
Nature of Violation
Range of Fees
1. Non-permitted discharge
Discharge of non-conventional pollutants excluded by discharge acceptance orders (no adverse environmental or POTW impact).
2. Non-permitted discharge
Discharge of non-conventional pollutants excluded by discharge acceptance orders causing POTW inhibition, or NPDES permit violation.
3. Unpermitted discharge
Discharge of unregulated pollutants resulting in POTW inhibition (no interference or pass through).
4. Unpermitted discharge
Discharge of unregulated pollutants resulting in violation of POTW NPDES permit.
Discharge Standard Violation
1. Exceedance of discharge limits or prohibited discharges.
Third violation or more within 6 months.
2. Exceedance of discharge limits or prohibited discharges.
Any violation resulting in inhibition (no interference or pass through).
3. Exceedance of discharge limits or prohibited discharges.
Any violation resulting in POTW interference or pass through violation.
4. Exceedance of discharge limits or prohibited discharges.
Any violation causing endangerment to sewerage system, POTW personnel, or to the general public.
Pretreatment Facility Compliance Schedules
1. Missed milestone date.
Violation not for good or valid cause. Will affect other milestone or final compliance date.
2. Failure to meet compliance schedule reporting requirements.
No report submitted and did not complete milestone.
3. Missed final compliance date.
30 days or more. Failure or refusal to comply without good or valid cause.
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)
Sampling and Reporting
1. Late submission of reports (minor compliance and surcharge sampling reports).
Frequent and repeated offenses.
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.
Failure to notify or report spill discharges, slug discharges and treatment facility bypass events.
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.
5. Sampling violations
Frequent and repeated omissions of required sampling and monitoring data.
1. Compliance violations
Failure to comply with actions required by administrative orders.
(Prior Code, § 1054.30) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)