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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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§ 1054.33 RETENTION OF RECORDS.
   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)
§ 1054.34 FALSIFYING INFORMATION.
   (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)
§ 1054.35 ANNUAL PUBLICATION OF SIGNIFICANT NON-COMPLIANCE.
   (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)
§ 1054.99 PENALTY.
   (A)   Any industrial user who willfully or negligently violates any provision of this chapter, or any order of the Superintendent of Utilities made pursuant to this chapter, shall, upon conviction, be fined an amount not exceeding $1,000 per day. Each day or portion thereof during which such a violation occurs shall be considered a separate offense.
   (B)   Any industrial user who has violated or continues to violate this chapter, or any order or permit issued thereunder, shall be liable for a civil penalty of not more than $1,000, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the authority may recover reasonable attorney’s fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
   (C)   The authority shall petition the court to impose, assess, and recover such sums as provided in this section. In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the industrial user’s violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(Prior Code, § 1054.99) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)