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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
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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)
(A) A list of all industrial users which, at any time during the previous 12 months, were in significant non- compliance with applicable pretreatment requirements shall be published annually by the city in the largest daily newspaper serving the city.
(B) For the purpose of this section, an industrial user is in significant non-compliance if its violations meet one or more of the following criteria: (Note: divisions (B)(1) and (B)(2) below apply only to significant industrial users and are applicable to each of a significant industrial user’s monitoring locations. Divisions (B)(3) through (B)(8) below apply to all industrial users.)
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit, the average limit or the instantaneous limit for the same pollutant parameter for any significant industrial user;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit, the average limit or the instantaneous limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats and oils and greases, and 1.2 for all other pollutants, except pH) for any significant industrial user;
(3) Any other violation of a pretreatment effluent limit (the instantaneous limit, daily maximum or longer term average) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment of human health or welfare or of the environment or has resulted in the POTW’s exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge control order or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports, such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations, including violations of best management practices (BMPs), which the Superintendent determines will or has adversely affected the operation or implementation of the city’s pretreatment program.
(Prior Code, § 1054.35) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
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