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This Section establishes limitations and prohibitions on the quantity and quality of wastewater which may be lawfully discharged into the publicly owned treatment works. Pretreat-ment of some wastewater discharges may be required to achieve the goals established by this Subsection, the Clean Water Act, or applicable Federal Categorical Pretreatment standards. The specific prohibitions and limitations contained in this Section are subject to change when necessary to enable the General Manager to provide efficient wastewater treatment, protect the public health and environment, and to enable BGMU to meet requirements contained in its NPDES permit.
The ultimate goal to be achieved by adherence to this Section is to protect the ability of BGMU’s wastewater treatment plant to provide a satisfactory effluent and the creation of a sludge residue that may be disposed of in the approved method, without violating any applicable law or regulation.
a. It shall be the duty of the General Manager to monitor the treatment works influent for elements which may adversely affect the treatment plant’s biological processes and sludge disposal method. Should the influent at the treatment plant reach or exceed the levels established by this Subchapter, the General Manager shall initiate technical studies to determine the cause of the influent violation and shall recommend to the Board such remedial measures as may be considered necessary, including but not limited to the establishment of new or revised pretreatment levels for the elements causing the violation.
b. The General Manager shall also recommend to the City through the Board of Commissioners such changes in the discharge standards as may be necessary in the event the waste-water treatment plant effluent standards are changed or should there be changes in any applicable law or regulation affecting the effluent standards or in the event changes are needed for a more efficient operation of the wastewater treatment plant.
c. No person shall discharge or cause to be discharged any substances, materials, waters, or wastes to any public sewer if it appears likely in the opinion of the General Manager that such waste may harm the sewers, wastewater treatment process or equipment or may adversely affect the receiving stream, or may otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the General Manager shall give consideration to such factors as the quantities of the subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and such other factors as may be deemed appropriate in the opinion of the General Manager.
d. No person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the waste water system.
e. Prohibitions on Wastewater Discharges. No person shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater system any wastewater which contains the following:
1. Oils and Grease.
(a) Oil and grease concentrations or amounts from users violating Federal, State or City pretreatment standards set forth in paragraph e.1.(b) of this Section.
(b) Industrial wastewater shall not exceed total oil and grease concentration of three hundred ninety (390 mg/l) milligrams per liter, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0 degrees to 65 degrees Celsius) at the point of discharge into the system. Hydrocarbon origin oil and grease concentration shall not exceed fifty (50 mg/1) milligrams per liter.
(c) All FSEs are required to comply with BGMU Fats, Oils and Grease (FOG) Management Policy (see Section 23-3.05(h)).
2. Explosive Mixtures. Liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fires or explosion or be injurious in any other way to the wastewater system or to the operation of the system. Specifically prohibited are substances which exhibit a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit. At no time shall two (2) successive readings at two (2) hour intervals on an explosion hazard meter, at the point of discharge into the wastewater system, be more than five (5%) percent nor any single reading over ten (10%) percent of the Lower Explosive Limit (L.E.L.) of the meter. Prohibited materials include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. TTO (accumulative) concentrations shall not exceed two and thirteen hundredths (2.13 mg/1) milligrams per liter.
3. Noxious Material. Noxious or malodorous solids, liquids or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into the wastewater system for its operation, maintenance and repair.
4. Improperly Shredded Garbage and Ground Paper Products. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sanitary sewer, with no particle greater than one-half (1/2”) inch in any dimension.
5. Radioactive Wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater system or personnel operating the system.
6. Solid or Viscous Wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater system. Prohibited materials include, but are not limited to: grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or flashings entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, mud, glass, straw shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances.
7. Excessive Discharge Rate. Wastewaters at a flow rate that exceed for any time period longer than fifteen (15) minutes more than five (5) times the user’s average process flow during normal operation or that would cause interference with the wastewater system. Users are required to incorporate hydraulic slug control into the BMP for each facility. BGMU shall evaluate the slug control plan within one (1) year of the user’s designation as a Significant Industrial User. This Sewer Use Ordinance stands as authority to enforce these slug control requirements.
8. Toxic Substances. Any toxic substance in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to Section 307(a) of the Act, and chemical elements or compounds, phenols or other taste or odor producing substances, or any other substances which are not susceptible to treatment or which may cause interference with the biological processes or efficiency of the wastewater treatment plant, or that will “pass-through” the system as defined in Section 23-3.01.
9. Unpolluted Waters. Any unpolluted water including, but not limited to water from cooling systems or of storm water origin, which will increase the hydraulic load on the wastewater system.
10. Discolored Material. Wastes with objectionable color producing interference with, or not removable by the treatment process of the wastewater treatment plant.
11. Corrosive Wastes. Any waste which will cause corrosion or deterioration of the wastewater system. All wastes discharged to the wastewater system must have a pH value in the range of six (6) to eleven (11) standard units. Prohibited materials include, but are not limited to: acids, concentrated sulfides, chlorides and fluoride compounds, and substances which will react with water to form acidic products.
12. Heat. Heat in amounts which will inhibit biological activity in the wastewater system resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment plant exceeds forty (40) degrees Celsius (104 degrees Fahrenheit) unless BGMU approves alternate temperature limits.
13. Hazardous Waste. Any waste or wastewater classified as a hazardous waste by the Resource Conservation and Recovery Act (RCRA) without at least a sixty (60) day prior notification of such discharge to the General Manager of BGMU. This notification must include the name of the waste, EPA hazardous waste number, type of discharge, volume/mass of discharge and time of occurrence. The General Manager may deny or condition this discharge at any time.
f. Limitations on Wastewater Discharges. No person shall discharge or convey, or permit or allow to be discharged or conveyed to the public sanitary sewer any wastewater containing pollutants of such character or quantity that will:
1. Not be susceptible to treatment, cause interference with the process or efficiency of the wastewater treatment system or pass through the treatment plant to the receiving stream.
2. Constitute a hazard to human or animal life, or to the stream or watercourse receiving the wastewater treatment plant effluent.
3. Violate Federal, State or City pretreatment standards.
4. Exceed the following discharge limitations:
Constituents | Limits mg/1* |
Constituents | Limits mg/1* |
Arsenic | 0.46 |
Cadmium | 0.04 |
Chlorides | 1,600 |
Chromium VI | 0.84 |
Chromium, Total | 2.77 |
Copper | 0.73 |
Cyanides, Total | 0.16 |
Lead | 0.16 |
Mercury | 0.001 |
Nickel | 1.43 |
pH | 6-11 s.u. |
Selenium | 0.292 |
Silver | 0.62 |
Sulfides | 5.0 |
Zinc | 2.08 |
*The limit applies to either a composite sample or a grab sample expressed as a maximum daily concentration in milligrams per liter (mg/1). The above-mentioned constituents and limitations are subject to review and revision with concurrence from the Commonwealth of Kentucky. This action to occur at the time of each NPDES permit renewal as a minimum.
5. Cause the wastewater treatment plant to violate its NPDES permit or applicable receiving water standards.
6. Cause interference with sludge handling or disposal operations.
7. Result in toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
g. Septic tank and other holding tank wastewater discharges.
1. No person owning vacuum or “septic tank” pump trucks or other liquid wastewater transport trucks shall discharge directly or indirectly such wastewater into the wastewater system, unless such person shall first have applied for and received a nontransferable Septic Tank Discharge Permit from the General Manager for each vehicle. All applicants for Septic Tank Discharge Permit shall complete such forms as required by the General Manager, pay appropriate fees to include treatment fees reviewed at least annually, and agree in writing to abide by the provisions of this Subchapter and any special conditions or regulations established by the Health Officer and General Manager. The owners of such vehicles shall display the permit number for each vehicle used for such purposes. Such permits shall be valid for the specified period the permit is purchased but in no case longer than one (1) year from the date of issuance, provided that such permit shall be subject to revocation by the General Manager for violation of any provision of this Subchapter or reasonable regulation established by the City or BGMU. Such permits shall be limited to the discharge of domestic wastewater containing no industrial wastewater. The General Manager shall designate the locations and times where such trucks may be discharged and may refuse to accept any truckload of wastewater where in the absolute discretion of the General Manager it appears that the wastewater could cause interference with the effective operation of the wastewater system.
2. No person shall discharge any other holding tank wastewater into the wastewater system unless he shall have applied for and have been issued a permit by the General Manager. A permit may consist of a written letter of approval from the General Manager prior to batch discharge. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each location of discharge. This permit shall include the time of day the discharge is to occur, the volume of discharge, and shall limit the wastewater constituents and characteristics of the discharge. Such user shall pay any applicable charges or fees therefore, and shall comply with the conditions of the permit issued by the General Manager. No permit, however, will be required to discharge domestic wastewater from a recreational vehicle holding tank providing such discharge is made into an approved facility designed to receive such wastewater.
3. All grease pumpers/haulers shall meet grease waste pumping, record keeping, and other requirements of the BGMU FOG Management Policy.
h. Fats, Oil, Grease (and Sand) Interceptors and Traps.
1. All FSEs are required to comply with BGMU FOG Management Policy. Grease interceptors must be approved, designed, installed and maintained in accordance with the BGMU standards as set forth in BGMU FOG Management Policy. Failure to meet the requirements of the BGMU FOG Management Policy will result in enforcement action, which may include fines, penalties and compliance schedule requirements. If BGMU employees are required to remediate and/or to clean out the wastewater collection lines as a result of a partial blockage or stoppage due to a defective or clogged grease interceptor or grease trap, the property owner and/or user shall be further required to pay the costs of BGMU labor and materials required to clean out the wastewater lines.
2. All existing FSEs shall be required to submit plans and install a grease interceptor in accordance with the BGMU FOG Management Policy within ninety (90) days after notification by BGMU, at the owner’s expense, if and when BGMU determines that a potential fats, oils and grease problem exists which is capable of causing interference, damage or operational problems to structures or equipment in the wastewater system. BGMU shall retain the right to inspect and approve installation of the grease interceptor at the FSE.
3. The type, capacity, configuration and components of all grease control equipment (interceptors or traps) shall be in accordance with the BGMU FOG Management Policy. Grease control equipment shall be approved by the Health Officer, the Plumbing Inspector and a BGMU representative, and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, gastight, watertight and equipped with easily removable covers. BGMU approval of grease control equipment shall be given prior to Health Department transmittal of general facility plumbing plans to Frankfort for State approval.
4. Any FSE upgrading an existing FSE, or a FSE which experiences a change of ownership, whether by sale of substantially all of the assets, or by transfer of stock, ownership units, partnership interests or otherwise, or for all other FSEs effective June 1, 2019, shall be required to install and maintain a grease interceptor in accordance with the BGMU FOG Management Policy.
5. All FOG and sand interceptors and traps shall be maintained in continuously efficient operation at all times at the expense of the user. Grease interceptor and grease trap maintenance requirements are provided in the BGMU FOG Management Policy.
6. New multi-unit facilities (strip malls, strip centers, etc.) shall install grease interceptors in accordance with the BGMU FOG Management Policy. New multi-unit facilities must have two (2) separate wastewater line connections at each unit within the multi-unit facility. One (1) wastewater line will be for sanitary wastewater and one (1) wastewater line will be for the kitchen area, or potential kitchen area, of each unit. New multi-unit facility owners shall contact BGMU prior to conducting private plumbing work at the multi-unit facility site.
7. Approval of proposed facilities or equipment by the Health Officer or BGMU does not, in any way, guarantee that these facilities or equipment will function in the manner described by their constructor or manufacturer; nor shall it relieve a person of the responsibility of enlarging or otherwise modifying such facilities to accomplish the intended purpose.
i. Surcharges.
1. There will be a surcharge for high strength wastewater for either high biochemical oxygen demand (BOD
5
) or high chemical oxygen demand (COD), but not both simultaneously. There will also be surcharges for high total suspended solids (TSS), high ammonia nitrogen (NH
3
-N), high non-hydrocarbon oil and grease (O&G non-hydro) and high total phosphorus (T-P) in industrial wastewater discharged to the sanitary sewer system. Industrial wastewater that exceeds the following thresholds shall be subject to surcharge:
Constituents | Threshold mg/1 |
BOD5 | 300 |
COD | 450 |
TSS | 300 |
NH3-N | 25 |
O&G non-hydrocarbon | 50 |
T-P | 10 |
2. Sewer surcharges shall be based upon the average of the analysis of at least two (2) samples taken during any one (1) month or quarter and shall remain in effect until the next analysis is conducted. One sample may be used if the industrial user’s production or sampling frequency does not allow for a second sample.
3. Each constituent has respective surcharge rates that reflect the cost of additional treatment. These rates are based on the latest BGMU surcharge evaluation.
Surcharge Formula:
(Average Pollutant Concentration, mg/l) x (Flow, MGD) x (8.34) = Pollutant Discharged, lbs.
(Pollutant Discharged, lbs) x (Surcharge Rate) = Total Surcharge Amount
4. Sewer surcharges will be billed with the regular sewer service bill and the General Manager shall have such remedies for the collection of such costs for the collection of sewer service charges. No reduction in sewer service charges, fees or taxes shall be permitted because of the fact that certain wastewaters discharged to the sanitary sewer contain less than the maximum allowable concentration or threshold as defined above.
j. Dilution of Wastewater. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or for any other pollutant-specific limitation developed by BGMU or the Commonwealth of Kentucky.
(Ord. BG80-63, S27-124, 7/15/80; Ord. BG86-60, 12/16/86; Ord. BG91-44, 9/3/91; Ord. BG94-2, 1/18/94; Ord. BG95-45, 12/5/95; Ord. BG2001-5, 2/20/2001; Ord. BG2004-17, 4/20/2004; Ord. BG2012-42, 1/15/2013; Ord. BG2013-32, 9/17/2013; Ord. BG2014-11, 6/3/2014; Ord. BG2014-29, 11/18/2014; Ord. BG2017-22, 6/6/2017; Ord. BG2019-32, 7/16/2019)
1. Prohibit the discharge of such wastewater.
2. Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this Section.
3. Require pretreatment, including storage, facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate this Section.
4. Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by BGMU for handling and treating excess loads imposed on the wastewater system.
5. Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this Subchapter.
b. Compliance Schedule. Where pretreatment is required to meet the requirements of this Subchapter, the Significant Industrial User shall submit the shortest schedule by which such additional pretreatment will be provided. The completion date in this schedule shall not be later than the compliance date established by the U.S. Environmental Protection Agency (EPA) for the applicable Pretreatment Standard or applicable National Categorical Pretreatment Standard.
c. Submission of Plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the General Manager for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the General Manager
d. Pretreatment Facilities Operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at their own cost and expense, subject to the requirements of this Subchapter and all other applicable codes, ordinances and laws. By-passing of pretreatment systems is prohibited as per 40 CFR 403.17.
e. Admission to Property. Whenever it shall be necessary for the purposes of this Subchapter, the General Manager, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:
1. Copying any records required to be kept under the provisions of this Chapter,
2. Inspecting any monitoring equipment or method, or any pretreatment facilities, and
3. Sampling any discharge of wastewater to the wastewater system. The General Manager may enter upon the property at any hour under emergency circumstances.
f. Protection from Accidental Discharge. Each Significant Industrial User shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Subchapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or operator’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the General Manager for review, and shall be approved before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the Significant Industrial User from the responsibility to modify the facility as necessary to meet the requirements of this Subchapter.
g. Reporting of Possible or Actual Accidental or Intentional Discharge. If for any reason a facility sustains or suspects it may have sustained an accidental or intentional sludge discharge of prohibited materials or other wastes regulated by this Section, the facility responsible for such discharge shall cease or contain such discharge immediately, and immediately notify the General Manager so that corrective action may be taken to protect the wastewater system. In addition, a written report addressed to the General Manager detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge, and corrective action taken to prevent future discharges shall be filed by the responsible facility within five (5) days of the occurrence of the noncomplying discharge.
(Ord. BG80-63, S27-125, 7/15/80; Ord. BG91-44, 9/3/91; Ord. BG2001-5, 2/20/2001; Ord. BG2013-32, 9/17/2013; Ord. BG2014-11, 6/3/2014; Ord. BG2017-22, 6/6/2017)
a. Reports.
1. Every Significant Industrial User who discharges into the public sanitary sewer or employs processes which generate any substances suspected of having an adverse impact on the wastewater system shall file a periodic Discharge Report at such intervals as may be designated by the General Manager. The General Manager may require any other users discharging or proposing to discharge into the wastewater system to file such periodic reports.
2. The Discharge Report shall include, but, in the discretion of the General Manager, shall not be limited to: nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, concentrations of controlled pollutants, or other information which relates to the genera-tion of waste. Such reports may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged. In addition to Discharge Reports, the General Manager may require information in the form of self-monitoring reports.
3. Within one hundred and eighty (180) days after the effective date of a National Categorical Pretreatment Standard, all Significant Industrial Users subject to such Standards and currently discharging or scheduled to discharge to the wastewater system shall be required to submit to the General Manager a report containing the information required in Section 403.12(b) of the Regulations and the compliance schedules and reports required in Sections 403.12(c), (d) and (c) of the Regulations.
4. Reports submitted to the General Manager must be signed by an authorized representative of the Significant Industrial User. An authorized representative may be (a) a Principal executive officer of at least the level of vice president, if the Significant Industrial User is a corporation, (b) a general partner or proprietor, if the Significant Industrial User is a partnership or sole proprietorship, or (c) a duly authorized representative of any of the above individuals, if such representative is responsible for the overall operation of the facility from which the discharge originates.
5. All sampling analysis done in accordance with U.S. EPA procedures by the Significant Industrial User during a reporting period shall be submitted to the General Manager, regardless of whether or not that analysis was required by the user’s discharge permit.
6. The Significant Industrial User must receive the approval of the General Manager before changing the sampling point and/or monitoring facilities to be used in all required sampling.
7. All Significant Industrial Users must notify the General Manager within twenty-four (24) hours of first becoming aware of a permit violation through self-monitoring. This notification shall include the date of violation, the parameter violated and the amount in exceedance. Within ten (10) days of first becoming aware of this violation, Significant Industrial User must re-sample for the parameter(s) violated and submit this sample results to BGMU.
8. All Significant Industrial Users shall report any change of discharge volume or pollutant concentration.
b. Records and Monitoring.
1. All Significant Industrial Users who discharge or propose to discharge wastewaters to the wastewater system shall maintain such records of production and related factors, effluent flows, and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this Subchapter and any applicable State or Federal pretreatment standards or requirements. These records shall also include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or BGMU, or where the User has been specifically notified of a longer retention period by the General Manager.
2. Such records shall be made available upon request by the General Manager. All such records relating to compliance with pretreatment standards shall be made available to officials of the U.S. Environmental Protection Agency and the Commonwealth of Kentucky upon demand. A summary of such data indicating the Significant Industrial User’s compliance with this Chapter shall be prepared semi-annually and submitted to the General Manager. In addition the General Manager may inspect and copy all records pertaining to the user’s wastewater discharge.
3. Any Significant Industrial User shall install at their own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.
4. The monitoring equipment shall be located and maintained on the Significant Industrial User’s premises in a readily accessible location in the opinion of the General Manager. When such a location would be impractical or cause undue hardship on the Significant Industrial User, the General Manager may allow such facility to be constructed in the public street or sidewalk area with the approval of the public agency having jurisdiction over such street or sidewalk, and located so that it will not be obstructed by public utilities, landscaping, or parked vehicles.
5. When more than one (1) Significant Industrial User can discharge into a common sewer, the General Manager may require installation of separate monitoring equipment for each Significant Industrial User. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single Significant Industrial User, the General Manager may require that separate monitoring facilities be installed for each separate discharge.
6. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the General Manager’s requirements and all applicable construction standards and specifications.
c. Inspection, Sampling and Analysis.
1. Compliance Determination. Compliance determinations with respect to Section 23-3.05 may be made on the basis of either instantaneous grab samples or composite samples of wastewater as may be appropriate for the parameter. Composite samples may be taken over twenty-four (24) hour period, or over a time span, as determined necessary by the General Manager to meet the needs of specific circumstances.
2. Analysis of Discharges. At the owner’s expense, laboratory analysis of discharge samples shall be performed by a laboratory, certified by the Kentucky Laboratory Certification Program, in accordance with methods as outlined in 40 CFR 136 and 40 CFR 261, or other approved EPA methods. If the POTW samples a Significant Industrial User and determines a violation has occurred BGMU shall sample, at the owners expense, a second time within thirty (30) days.
3. Sampling Frequency. Sampling of discharges for the purpose of compliance determination with respect to Section 23-3.05 will be done at such intervals as the General Manager may designate.
4. Sample Collection. All sample collection and testing methods shall be those as described in 40 CFR 136 and 40 CFR 261, or other approved EPA methods.
5. Monitoring Equipment. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a Significant Industrial User to keep those facilities in good working order shall not be grounds for the Significant Industrial User to claim that sample records are unrepresentative of its discharge.
6. Sample Collection Methods. The User must collect wastewater samples using the twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the General Manager. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge. Using Protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
7. Use of Grab Samples. For sampling required in support of baseline monitoring and 90-day compliance reports a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, BGMU may authorize a lower minimum. The Significant Industrial User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Regulations.
8. All Samples will be representative and based on composite or composited grab samples taken at a minimum of every four (4) hours while discharging.
9. Copies of records of all samples and/or monitoring activities must be kept by the Significant Industrial User for a minimum of three (3) years.
d. Public Access to Information; Exceptions.
1. Information and data on a user obtained from reports, questionnaires and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of BGMU that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
2. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to the Subchapter, the National Pollutant Discharge Elimination System (NPDES) Permit, and/or the Pretreatment Standards; provided however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnish-ing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
3. Information accepted by BGMU as confidential, shall not be transmitted to the general public by BGMU until the expiration of three (3) days following the giving of written notice by BGMU to the user of BGMU’s intention to divulge such information to the general public. The State shall have unrestricted access to all information submitted to BGMU to include that information deemed confidential.
e. Permit to Discharge.
1. No person shall discharge or cause to be discharged any Industrial Wastewater directly or indirectly to sewerage facilities owned by BGMU or Warren County Water District without first obtaining a permit from BGMU for Industrial Wastewater discharge when deemed necessary. This regulatory authority shall extend to any extra jurisdictional agencies or industries which contribute wastewater to BGMU’s wastewater system. These permits shall include the permit issuance, effective and expiration dates; a statement that the permit is non-transferable; effluent limits based on applicable Pretreatment Standards; self-monitoring, sampling, reporting, notification and record keeping requirements; the waiver process to seek relief for monitoring a pollutant neither present or expected to be present in a discharge; a statement of applicable penalties for violation of the Pretreatment Standards and Regulations; requirements to control slug discharges; and language detailing any grants by BGMU General Manager authorizing waivers from monitoring.
2. The permit for Industrial Wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewater only to specified sewers of BGMU, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of BGMU created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this Chapter.
3. No permit for Industrial Wastewater discharge is transferable without the prior written consent of the General Manager.
4. No person shall discharge Industrial Wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the permit should apply to BGMU for an amended permit with regard to quantity.
5. Applicants for a permit for Industrial Wastewater discharge shall complete an application for wastewater discharge permit available at the general offices of BGMU one hundred eighty day (180) prior to permit validation. Baseline Monitoring Reports (BMR) and Industrial Waste Survey Questionnaire (IWSQ) must be submitted as well.
6. Upon receipt of the permit fee prescribed in BGMU’s schedule of charges and fees and of all required information, the application shall be processed and, upon approval, be signed by the General Manager and one (1) copy returned to the applicant.
7. The application shall be approved if the applicant has complied with all applicable requirements of this Subchapter and furnished to BGMU all required information and if the General Manager determines that there is adequate capacity in the wastewater system.
8. Upon approval of the permit application, BGMU will issue a wastewater discharge permit incorporating discharge conditions, monitoring schedules and locations, compliance schedules, etc., tailored to the individual industrial user. This wastewater discharge permit shall be issued for a specified time period not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by BGMU during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
9. All Significant Industrial Users shall submit periodic reports regarding the nature and concentration of all pollutants as outlined in their wastewater discharge permit. Production rates shall be reported by industrial users subject to production based standards. In addition, within ninety (90) days following date for final compliance with applicable Pretreatment Standards or, in the case of a new source, ninety (90) days prior to commencement of the introduction of wastewater into the wastewater treatment plant, any user subject to Pretreatment Standards and/or local requirements shall submit to the General Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by Pretreatment Standards and/or local requirements. This report shall include schematic drawings or other descriptions of any pretreatment equipment. New sources are required to be in compliance with Pretreatment Standards and/or local limits upon commencement of introduction of wastewater to the wastewater treatment system. All sampling and testing shall follow the methods as outlined in 40 CFR 136, 40 CFR 261, or other approved EPA methods. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.
10. No User shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or for any other pollutant-specific limitation developed by BGMU or the Commonwealth of Kentucky. The General Manager may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, all reports shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, of production and mass where requested by the General Manager, of pollutants contained therein which are limited by the applicable Pretreatment Standards. All analyses shall be performed in accordance with procedures established by the EPA Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
11. The General Manager may suspend a permit for Industrial Wastewater discharge for a period of not to exceed sixty (60) days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety, or welfare, to the local environment or to BGMU’s wastewater system.
12. Any discharger notified of a suspension of this permit shall immediately cease and desist the discharge of such industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the General Manager shall take such steps as are reasonably necessary to insure compliance.
13. Any suspended discharger may file with the General Manager, a request for a meeting with the Board of Directors. The Board shall meet within thirty (30) days of the receipt by the General Manager such request. The Board shall hold a meeting on the suspension and either confirm or revoke the action of the General Manager. Reasonable notice of the meeting shall be given to the suspended discharger. At this meeting the suspended discharger may appear personally or through counsel, and present evidence in their own behalf.
14. In the event that the Board fails to meet within the time set forth above or fails to make a determination within a reasonable time after the close of the meeting, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the General Manager.
15. The General Manager shall reinstate the permit on proof of satisfactory compliance with all discharge requirements of BGMU.
16. The General Manager may revoke a permit for Industrial Wastewater Discharge on a finding that the discharger has violated any provisions of this Chapter. No revocation shall be ordered until a meeting on the question has been held by the Board. At this meeting, the discharger may appear personally or through counsel and present evidence in their own behalf. Notice of the meeting shall be given to the discharger at least fifteen (15) days prior to the date of the meeting.
17. Any discharger whose permit has been revoked shall immediately stop all discharge of any liquid carried wastes covered by the permit to any public sewer that is tributary to the wastewater system of BGMU. The General Manager may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation.
18. Before any further discharge of Industrial Wastewater may be made by the discharger, he must apply for a new permit for Industrial Wastewater Discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to BGMU. Cost incurred by BGMU in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for Industrial Wastewater discharge.
19. BGMU may suspend the wastewater treatment services and/or a wastewater discharge permit when such suspension is necessary, in the opinion of BGMU, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the wastewater treatment plant or causes BGMU to violate any condition of its NPDES Permit.
20. Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, BGMU shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment plant or endangerment to any individuals. BGMU shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the Significant Industrial User describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to BGMU within fifteen (15) days of the date of occurrence.
21. The General Manager may deny or conditionally approve, new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by Significant Industrial Users where such contributions do not meet applied Pretreatment Standards and Regulations, or conditions of this Chapter.
Any Significant Industrial User who meets the criteria for Significant Non-Compliance shall submit a compliance schedule outlining the steps which the Significant Industrial User plans to take to achieve compliance. This compliance schedule shall include milestone dates. The Significant Industrial User shall submit reports within fourteen (14) days past each milestone date. These reports will confirm the completion of the schedules plan for the milestone date. If the Significant Industrial User has not met the expectations of the compliance schedule the Significant Industrial User will explain why and how the Significant Industrial User will accelerate activities to meet the final compliance milestone date. Within fourteen (14) days past the final compliance milestone date the Significant Industrial User will submit a report with a statement, indicating that the Significant Industrial User is consistently meeting the conditions of this Subchapter and the Significant Industrial User will provide sufficient analytical data to support this statement.
The definition of Significant Non-Compliance is expanded to include 40 CFR 403.8 (f) (2) (viii) (A-C). Per 40 CFR 403.12 (b) (e) and (h), all Significant Industrial User reports shall include any BMP’s required and BMP compliance information. Documentation of compliance with BMP information shall be maintained by the SIU and BGMU.
22. Where an effluent from an industrial process is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived for the discharge permit by the General Manager. These alternative limits shall be applied to the mixed effluent. These alternative limits shall be calculated using the Combined Wastestream Formulae and/or Flow-Weighted Average Formulae given in 40 CFR 403.6(e). Where the effluent limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutants per units or production (production-based standard), the General Manager may convert the limits to equivalent limitations expressed either as mass of pollutant that may be discharged per day or effluent concentration for purposes of calculating effluent permit limitations applicable to the permittee. The permittee shall be subject to all permit limits calculated in this manner under 40 CFR 403.6(c) and must fully comply with these alternative limits. All categorical industrial users subject to production-based standards must report production rates annually so that alternative permit limits can be calculated if necessary. The categorical industrial user must notify the General Manager thirty (30) days in advance of any change in production levels that might affect the flow or other data used to calculate the effluent limits in the discharge permit.
23. Upper limitations have been established for conventional pollutants for Industrial Wastewater discharges. Conventional pollutants include Biochemical Oxygen Demand (BOD
5
), Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), Ammonia Nitrogen (NH
3
-N), Total Oil & Grease (O&G) and Total Phosphorus (T-P). All Significant Industrial Users shall not exceed the following discharge limits:
Constituents | Limits mg/1 |
BOD5 | 4,000 |
COD | 10,000 |
TSS | 7,000 |
NH3-N | 56 |
O&G (Total) | 390 |
T-P | 57 |
(Ord. BG80-63, S27-126, 7/15/80, Ord. BG86-60, 12/16/86; Ord. BG91-44, 9/3/91; Ord. BG2001-5, 2/20/2001; Ord. BG2013-32, 9/17/2013; Ord. BG2014-11, 6/3/2014; Ord. BG2017-22, 6/6/2017)
a. The General Manager and other duly authorized employees of BGMU bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurements, sampling and testing in accordance with the provisions of this Chapter. The General Manager, or representative, shall have the authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries even beyond that point having a direct bearing on the kind and source of discharge to the public sanitary sewer.
b. While performing the necessary work on private properties referred to in Section 23-3.08, paragraph a above, the General Manager or duly authorized employees of BGMU shall observe all safety rules established by the owner which are applicable to the premises.
c. The General Manager and other duly authorized employees of BGMU bearing proper credentials and identification shall be permitted to enter all private properties through which BGMU holds negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater system lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. BG80-63, S27-127, 7/15/80; Ord. BG91-44, 9/3/91; Ord. BG2001-5, 2/20/2001; Ord. BG2017-22, 6/6/2017)
a. General. BGMU through the General Manager or designee, to insure compliance with this Subchapter, and as permitted through 40 CFR Subchapter N, 401 through 471 and 401 KAR 5:057 may take the following enforcement steps against Significant Industrial Users in noncompliance with this Subchapter. The remedies available to the General Manager include injunctive relief, civil and criminal penalties, immediate discontinuance of discharges and/or water and/or electric service and the publishing of the list of significant violators annually. The enforcement authority shall be vested in the General Manager or designee. This designee shall be the duly authorized employee as authorized under 40 CFR 403.12 (m).
All violations of requirements of this Subchapter must be reviewed and responded to by the General Manager or representative. In general, the General Manager shall notify the Significant Industrial User when a violation occurs. For all violations, the General Manager shall receive an explanation and, as appropriate, a plan from the Significant Industrial User to correct the violation within a specific time period. If the violation(s) persist or the explanation and/or plan are not adequate, the General Manager’s response shall be more formal and commitments or schedules, as appropriate, for compliance will be established in an enforceable document. The enforcement response selected will be related to the seriousness of the violation. Enforcement responses will be escalated if compliance is not achieved expeditiously after the initial action. A significant violation will require a formal enforcement action. The full scale of enforcement actions will be detailed in BGMU’s Pretreatment Program Enforcement Response Plan.
b. Enforcement Action.
1. Informal Notice. These actions include statements made to the Significant Industrial User during sampling and/or inspection visits, telephone calls to the appropriate company official, informal meetings, warning or reminder letters. These informal notices shall be used for minor violations.
2. Formal Notice. These actions include the following:
(a) Notice of Violation. Any person found to be violating any provision of this Subchapter, wastewater discharge permit or any order issued hereunder shall be served by BGMU’s General Manager with a written notice stating the nature of the violation.
(b) Administrative Order/Fines. Any person who, after receiving a Notice of Violation, and continue to discharge in violation of this Chapter or of the pretreatment standard or requirements or is determined to be a chronic or persistent violator, shall be ordered to appear before the General Manager. At said appearance, a compliance schedule will be given to the violating user and an administrative fine assessed. The fine shall be determined on a case-by-case basis which shall consider the type, severity, duration and number of violations, severity of impact on the POTW, impact on human health, the Significant Industrial User’s economic benefit from the violation, past history of the Significant Industrial User, and good-faith efforts made by the Significant Industrial User. The fine shall be a non-arbitrary but appropriate amount as defined in Section 23-3.10 in this Subchapter.
The administrative order may take any of the following four (4) forms:
(1) Consent Order. The General Manager is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the Significant Industrial User responsible for the noncompliance. Such orders will include specific action to be taken by the Significant Industrial User to correct the noncompliance within a time period also specified in the order. Consent Orders shall have the same force and effect as all other administrative orders.
(2) Compliance Order. When the General Manager finds that a Significant Industrial User has violated or continues to violate this Chapter or permit or order issued hereunder, he may issue an order to the Significant Industrial User responsible for the violation directing that following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices and other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
(3) Cease and Desist Order. When the General Manager finds that a Significant Industrial User has violated or continues to violate this Chapter or any permit or order issued hereunder, the General Manager may issue an order to cease and desist all such violations to the Significant Industrial User and direct those persons in noncompliance to:
(i) Comply forthwith;
(ii) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(4) Show Cause Hearing. The General Manager may issue to any Significant Industrial User who causes or contributes to violations of this Chapter, discharge permit or order issued hereunder, an order to appear and show cause why more severe enforcement action should not be taken. A notice shall be served on the Significant Industrial User specifying the time and place of the hearing to be held by the General Manager regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the Significant Industrial User to show cause before the General Manager why more severe enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of the facility. Whether or not a duly notified Significant Industrial User or its representative appears, immediate enforcement action may be pursued. BGMU itself may conduct the hearing and take evidence or may designate a representative to:
(i) Issue in the name of BGMU notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; and,
(ii) Take the evidence.
c. Revocation of Permit. Any Significant Industrial User violating any of the provisions of this Chapter or discharge permit or other order issued hereunder shall be subject to termination of its authority to discharge sewage into the public sewer system. Such termination shall be immediate if necessary for the protection of the POTW. Said Significant Industrial User may also have water service terminated. Any Significant Industrial User who violated any condition(s) of this Chapter, discharge permit, order or applicable State or Federal regulation is subject to having its Industrial User Discharge Permit revoked in accordance with the procedures of this Chapter. Violations resulting in immediate permit revocation shall include, but not be limited to, the following:
1. Failure of Significant Industrial User to factually report the wastewater constituents and characteristics of its discharge;
2. Failure of the Significant Industrial User to report significant changes in operations, processes, wastewater constituents and characteristics;
3. Refusal of reasonable access to the Significant Industrial User’s premises for the purposes of inspection and sampling; and,
4. Violation(s) of any condition of the Industrial User Discharge Permit.
d. Liability. Any Significant Industrial User violating any of the provisions of this Chapter, discharge permit or other order issued here-under shall become liable to BGMU for any expense, loss or damage occasioned by BGMU by reason of such violation. This civil liability is as provided by State and Federal regulations.
e. Misrepresentations and/or Falsifying of Documents. Any Significant Industrial User who knowingly and/or negligently makes any false statements, representations or certification of any application, record, report, plan or other document filed or required pursuant to this Subchapter or Industrial User Discharge Permit or who falsifies, tampers with or knowingly and/or negligently renders inaccurate any monitoring device or method required under this Subchapter, shall be guilty of a misdemeanor and shall be fined at least one thousand ($1,000.00) dollars per violation or imprisoned for not more than twelve (12) months or both.
f. Destruction of POTW and Legal Action. No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the POTW system. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct. It shall be noted that the Clean Water Act does not require proof of specific intent to obtain conviction.
g. Judicial Action. If any person(s) discharges sewage, industrial wastes or other wastes into BGMU’s wastewater disposal system contrary to the provisions of this Chapter, discharge permit, any order of the General Manager or BGMU, or Federal or State pretreatment requirements, BGMU may commence an action for appropriate legal and/or equitable relief in the appropriate court of this jurisdiction. In addition to the penalties provided herein, BGMU may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated this Subchapter or the orders, rules, regulations and permits issued hereunder.
h. Termination of Service. The General Manager may suspend the wastewater treatment service and/or wastewater discharge permit of a Significant Industrial User whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of the public, the POTW system or the environment. Any Significant Industrial User notified of suspension of the wastewater treatment service and/or the discharge permit shall immediately stop or eliminate its contribution. In the event of a Significant Industrial User’s failure to immediately comply voluntarily with the suspension order, the General Manager shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endanger-ment to any individuals. Any Significant Industrial User responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the General Manager.
i. Criminal Prosecution. Any Significant Industrial User who will-fully or negligently violates any provisions of this Subchapter, any orders or permits insured hereunder, or any other pretreat-ment requirements shall be guilty of a misdemeanor and be, upon conviction, fined at least one thousand ($1,000.00) dollars per violation per day or imprisoned for not more than one (1) year or both.
j. Public Nuisance. The discharge of wastewater in any manner in violation of this Subchapter is hereby declared a public nuisance and shall be corrected or abated as provided herein.
k. Violations Not Involving Imminent Danger.
1. Notification to Significant Industrial User of actual or threatened violation. Whenever the General Manager determines or has reasonable cause to believe that a discharge of wastewater has occurred, or is about to occur, in violation of the provisions of this Subchapter, or any other applicable law or regulation, he shall notify the Significant Industrial User of such violation; however, failure of the General Manager to provide notice to the Significant Industrial User shall not in any way relieve the Significant Industrial User from any consequences of a wrongful or illegal discharge. The notice shall state:
(a) The nature of the actual or threatened violation of this Section.
(b) The time within which the Significant Industrial User must take appropriate measures to prevent any threatened violation, or the recurrence of any actual violations, and to furnish evidence to the General Manager that such corrective action has been taken.
2. Proceedings in the event of failure of Significant Industrial User to furnish satisfactory evidence of corrective action within time prescribed by notice. In the event the Significant Industrial User fails to furnish satisfactory evidence to the General Manager that corrective action has been taken within the time prescribed by the notice (or any extensions of time granted by the General Manager), the General Manager may:
(a) Suspend the water, sewer and/or electric service if this action will serve to prevent any further violations by the Significant Industrial User.
(b) Sever sewer connection(s), or take such other steps as may be required in order to insure that no prohibited wastewater is introduced into the public sanitary sewer.
l. Violations Involving Imminent Danger.
1. The General Manager may suspend the water and/or electric service when such suspension is necessary, in the opinion of the General Manager, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons to the environment, causes interference to the wastewater system or causes BGMU to violate any condition of its NPDES Permit.
2. Any person notified of a suspension of water and/or electric service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the General Manager shall take such steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the wastewater system or endangerment to any individuals. The General Manager shall reinstate the water, sewer and/or electric service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the Significant Industrial User describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the General Manager within five (5) days of the date of occurrence.
m. Assessment of Damages to Significant Industrial Users. When a discharge of wastewater causes an obstruction, damage, or any other impairment to the wastewater system, the General Manager may assess a charge against the Significant Industrial User for the work required to clean or repair the facility and these charges will be billed directly to the Significant Industrial User when costs are final. The General Manager shall have such remedies for the collection of such costs as he has for the collection of sewer service charges.
n. Judicial Relief. In cases of violations of this Subchapter, BGMU shall have the right to seek injunctive relief and any other relief of a civil or criminal nature against the violators, which right shall be in addition to the right to take non-judicial action as set out in paragraphs b and c of the Section. In any judicial action of a civil nature, BGMU shall have the right to recover from the violator of this Subchapter any actual damages sustained, including the costs, if any, incurred by BGMU, in corrective or preventive action taken for the purpose of protecting the integrity of the wastewater system, reasonable attorney’s fees, court costs, court reporters’ fees and other expenses of litigation.
(Ord. BG80-63, S27-128, 7/15/80; Ord. BG86-60, 12/16/86; Ord. BG91-44, 9/3/91; Ord. BG95-45, 12/5/95; Ord. BG2001-5, 2/20/2001; Ord. BG2013-32, 9/17/2013; Ord. BG2014-11, 6/3/2014; Ord. BG2017-22, 6/6/2017)
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