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(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)
The city may, for good cause shown, suspend the wastewater treatment service to a discharger when it appears to the Superintendent of Utilities that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operation of the POTW, or violation of any pretreatment limits specified by this chapter. Any discharger notified of the suspension of wastewater treatment service shall, within a reasonable period of time, as determined by the Superintendent, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the city shall commence judicial proceedings immediately thereafter to compel the discharger’s compliance with such order. The city may reinstate the wastewater treatment service and terminate judicial proceedings upon receipt of proof by the discharger of the elimination of the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth in this section.
(Prior Code, § 1054.31) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
The Superintendent of Utilities may terminate the wastewater treatment services to any discharger who:
(A) Fails to factually report the wastewater constituents and characteristics of its discharge or significant changes in wastewater constituents or characteristics;
(B) Refuses reasonable access to the discharger’s premises by representatives of the Utilities Department for the purpose of inspection or monitoring;
(C) Fails to pay required surcharges or administrative fees;
(D) Fails to meet compliance schedules; or
(E) Violates the conditions of this chapter or any final judicial order related to this chapter.
(Prior Code, § 1054.32) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
All dischargers shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. The city shall have the right to enter on the premises of the discharger at all reasonable hours for the purpose of records examination.
(Prior Code, § 1054.33) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
(A) No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained in accordance with this chapter or wastewater acceptance order, or falsify, tamper with or render inaccurate any monitoring device or method required under this chapter.
(B) The reports and other documents required to be submitted by this chapter are subject to the provisions of 18 U.S.C. § 1001 relating to fraud and false statements; the provisions of 33 U.S.C. § 1319 governing false statements, representation or certification; and the provisions of 33 U.S.C. § 1319 regarding responsible corporate officers.
(Prior Code, § 1054.34) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
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