Loading...
Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user. When requested by a user furnishing a report, the portions of a report which may 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 this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs; 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 involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user.
(Ord. 182-91. Passed 11-18-91.)
The City may for good cause shown suspend the wastewater treatment service to a user when it appears to the City that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons or to the environment, interferes with the operation of the sewage treatment system, or violates any pretreatment limits imposed by this chapter. Any user notified of the suspension of the City's wastewater treatment service shall within a reasonable period of time, as determined by the City, cease all discharges. In the event of failure of the user to comply voluntarily with the suspension order within the specified time, the City may commence judicial proceedings to compel compliance with such order. The City may reinstate the wastewater treatment service and terminate judicial proceedings upon proof by the user of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(Ord. 182-91. Passed 11-18-91.)
The City may seek to terminate the wastewater treatment services to any user which fails to factually report the wastewater constituents and characteristics of its discharge; report significant changes in wastewater constituents or characteristics; permit reasonable access to the user's premises by a representative of the City for the purpose of inspection or monitoring; or violates the conditions of this chapter or any final judicial order entered with respect thereto.
(Ord. 182-91. Passed 11-18-91.)
(a) Whenever the City finds that any user has engaged in conduct which justifies termination of wastewater treatment services, pursuant to Section 943.33, the City may serve or cause to be served upon such user, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
(b) Within thirty days of the date of receipt of the notice, the user shall respond personally or in writing to the City, advising of its position with respect to the allegations. Thereafter the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(Ord. 182-91. Passed 11-18-91.)
Where the violation of Section 943.33 hereof is not corrected by timely compliance by means of Administrative Adjustment, the City may order any user which causes or allows conduct prohibited by Section 943.33, to show cause before the City or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the user either personally or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the City or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the user to show cause before the City or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of a user. The proceedings at the hearing shall be considered by the City which shall then enter appropriate orders with respect to the alleged improper activities of the user. Appeal of such orders may be taken by the user in accordance with applicable local or state law.
(Ord. 182-91. Passed 11-18-91.)
(a) Following the entry of any order by the City pursuant to the proceedings specified in Section 943.33, 943.34, and 943.35, the attorney for the City may, following the authorization of such action by the City, commence an action for legal and/or equitable relief in the appropriate local court for any violation of the order made by the City and for enforcement of the provisions of this chapter.
(b) The City shall further have the authority, in addition to all other available remedies, to seek the imposition and enforcement of civil penalties for violations of this chapter up to a maximum amount of one thousand dollars ($1,000) per violation with each day that such violation continues being considered a separate violation.
(Ord. 182-91. Passed 11-18-91.)
The Director of Public Service and/or Water Reclamation Facility Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (c), (d) or (h) of this Section):
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter taken during a six- (6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous, daily and average limits.
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including instantaneous, daily and average limits. (TRC equals 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
(c) Any other violation of a Pretreatment Standard or Requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director of Public Service and/or Water Reclamation 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.
(d) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, attaining final compliance or for any other compliance schedule milestone.
(f) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with Categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(g) Failure to accurately report noncompliance.
(h) Any other violation(s), which may include a violation of Best Management Practices, which the Director of Public Service and/or Water Reclamation Facility Superintendent determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 7-2011. Passed 1-3-11.)
Any user or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a user and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a user's request, shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and state law.
(Ord. 182-91. Passed 11-18-91.)
(a) Any user experiencing an upset in operation, which places the user in a temporary state of noncompliance with this chapter, shall inform the City thereof within one hour of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the City within five days. The report shall specify as follows:
(1) Description of the upset, the cause thereof and the upset's impact on a user's compliance status.
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
(b) A documented and verified bona fide operating upset shall be considered in any enforcement action brought by the City against a user for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 182-91. Passed 11-18-91.)
(a) The bypass of pretreatment facilities is prohibited and the City as Control Authority may take enforcement action against an industrial user for a bypass unless all of the following circumstances apply:
(1) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(2) There was no feasible alternative to the bypass.
(3) The industrial user submitted prior notice to the City, if possible, at least ten days before the bypass.
(b) The City as Control Authority may approve an anticipated bypass after considering its adverse effects if the Control Authority determines it will meet the conditions as immediately set forth above.
(Ord. 182-91. Passed 11-18-91.)
All users subject to this chapter 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 user 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 pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Ord. 182-91. Passed 11-18-91.)
(a) Where applicable, the City may elect to initiate a program of removal credits as part of this chapter to reflect the WPCC's ability to remove pollutants in accordance with 40 CFR Part 403.7.
(b) The City may elect to adjust Categorical Pretreatment Standards to reflect the presence of pollutants in the user's intake water, in accordance with 40 CFR Part 403.15.
(Ord. 182-91. Passed 11-18-91.)
GENERAL PROVISIONS; PENALTIES
The City reserves the right to enter into contracts to provide sewage treatment services with other governmental entities and/or other users regardless of the nature of wastes to be discharged. Provided, however, that such contracts shall be in compliance with the provisions of this chapter and the rules and regulations of other governmental agencies with authority.
(Ord. 182-91. Passed 11-18-91.)
The Service Director shall make such administrative rules and regulations and procedures as necessary for the enforcement of the provisions hereof, for the safe, efficient and economical management of the system, and to maintain compliance with local, State and Federal rules or regulations or amendments thereto adopted at any time or from time to time. Such administrative rules and regulations and procedures, when not repugnant to existing ordinances, laws of the State or the rules and regulations of the U.S. EPA shall have the same force and effect as ordinances of Council. Any conflict between City ordinances, laws of the State and/or U.S. EPA rules and regulations shall be resolved in favor with U.S. EPA rules and regulations.
(Ord. 182-91. Passed 11-18-91.)
If any section, clause, phrase, word, provision or portion of this chapter shall be held to be unconstitutional or invalid by any court of competent jurisdiction, the holding or decision shall not affect the validity of this chapter as a whole, or any part thereof other than the section, clause, word, provision or portion so held to be invalid.
(Ord. 182-91. Passed 11-18-91.)
In any case where a provision of this chapter is different from the requirements of other lawfully adopted regulations, codes or ordinances existing on the effective date of this chapter, the more restrictive requirement or higher standard shall prevail.
(Ord. 182-91. Passed 11-18-91.)
No unauthorized person shall willfully, knowingly, or recklessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Water Reclamation Facility and/or Municipal sewage systems.
(Ord. 182-91. Passed 11-18-91; Ord. 79-2008. Passed 6-2-08.)
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 pursuant to this chapter, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required or authorized under this chapter.
(Ord. 182-91. Passed 11-18-91.)
No persons shall violate any rule or regulation promulgated under this chapter, or violate any order made in pursuance of enforcement of the provisions of this chapter or the rules and regulations adopted thereunder or purposefully or knowingly interfere with the execution of any such order.
(Ord. 182-91. Passed 11-18-91.)
(a) Any user who violates any of the provisions of this chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's sewage treatment system shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City shall bill the user for the costs incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of Sections 943.32, 943.33, 943.34, 943.35 and 943.36.
(b) The Law Director, on behalf of the City of Canton, shall have the authority to initiate a civil action to recover said damages, to include reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including, but not limited to, sampling and monitoring expenses.
(Ord. 179-94. Passed 7-25-94.)
(a) The Superintendent may assess administrative fines not to exceed one thousand dollars ($1,000) per violation against any person who violates any provision of this chapter, or regulation, permit, license, reporting requirement or other requirement promulgated under this chapter. Each day, or portion thereof, when a violation occurs, shall be considered a separate violation. The Service Director shall adopt and promulgate a schedule of administrative fines consistent with the provisions of this section.
(b) Any person assessed an administrative fine pursuant to this section may appeal the action of the Superintendent in the manner as provided for in Section 943.52 of this chapter.
(c) The Law Director, on behalf of the City of Canton, shall have authority to initiate a civil action for collection of any administrative fines. In determining the reasonableness of any administrative fine imposed, a 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 user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. Filing a suit for the collection of administrative fines shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 179-94. Passed 7-25-94.)
Except as otherwise specifically provided under this chapter, where this chapter has provided for an appeal by way of a hearing, any person adversely affected by an action taken or decision or order made pursuant to this chapter shall file a Notice of Appeal with the Service Director within ten (10) days of said action. A Notice of Appeal shall include as a minimum: the name, address and telephone number of the appellant: the date; a statement of intent to appeal; a statement of the nature of the appeal, and the date and description of the action or order appealed from. All filings required herein shall be made at the office of the Service Director. Except as otherwise provided by this chapter, the Service Director shall convene a hearing on the matter within thirty (30) days of receipt of the Notice of Appeal.
The Service Director may grant continuances as he deems necessary. The Service Director shall issue a written decision upon the appeal within ten (10) days of the hearing. The Service Director may affirm, modify or rescind any action or proposed action of the Superintendent which was the subject matter of the hearing. Any person who fails to timely file a Notice of Appeal or to otherwise prosecute an appeal of an action pursuant to this section, shall be deemed to have agreed to the action taken.
(Ord. 179-94. Passed 7-25-94.)
(a) The SSDCP shall be administered by the Public Works Superintendent or an authorized representative as appointed by the Service Director. The Water Reclamation Facility Superintendent and City Engineer shall assist the Public Works Superintendent with this program.
(b) The SSDCP shall be implemented through the issuance of Satellite Community Discharge Permits. The Permits shall delineate, among other things: the elimination, up to the specified storm event design, of sanitary sewer overflows (SSO's); installation of flow meters; implementation of Sanitary Sewer Evaluation Survey (SSES) and Sewer Maintenance Program (SMP) utilizing Best Management Practices (BMP).
(c) Each community shall, as a condition of its Permit, be required to undertake appropriate Best Management Practices (BMP) for control/operation of their sanitary sewer system.
(d) Each community shall identify and disclose to the City as soon as it becomes known all sanitary sewer overflow points known or which become known to the community that are not included in the community's Permit.
(e) The community shall be solely responsible for projects set forth in its Community Compliance Schedule identified in its Satellite Community Discharge Permit.
(f) No community overflows shall exist except those that are controlled in accordance with the Satellite Community Discharge Permit.
(g) Each community shall maintain a current map of all sanitary sewers tributary to the City of Canton.
(Ord. 187-96. Passed 8-12-96; Ord. 79-2008. Passed 6-2-08.)
(a) The City shall issue permits to Satellite Communities with requirements, conditions and schedules as necessary to achieve the purpose of this chapter.
(b) The City shall notify a Satellite Community by certified mail of actions the community shall be required to undertake under the authority of this chapter and the applicable sewer agreement. The Permit shall contain or require the following information at a minimum:
(1) General conditions.
(2) Satellite Community Compliance Schedule.
(c) The City shall notify a Satellite Community by certified mail of the schedule for preparation and submittal of the community fact sheet with revisions, if required, and Community Compliance Plan identifying the means by which the community intends to achieve its Community Compliance Schedule.
(d) Upon approval by the City of a Community Compliance Plan, such plan shall be deemed incorporated into the respective Satellite Community Discharge Permit for all purposes of the Sewer Use Code. Failure of a Satellite Community to obtain City approval of a plan within ninety (90) days of the required submittal date shall be deemed a circumstance for initiation of enforcement action under this chapter.
(e) After notice and opportunity for a hearing, the Permit may be modified, suspended or revoked by the Service Director in whole or in part during its term. The City shall retain the right of revision to amend the Code or the granted Permit. In the event of said modification or amendment, the City shall notify the Satellite Community not less than thirty (30) days prior to the effective date of such modification or amendment to the Permit.
(f) The Satellite Community may at any time request a modification of any part of this Permit. The request for modification should be received by the City at least ninety (90) days before the date on which it is desired that the modification become effective.
(Ord. 187-96. Passed 8-12-96.)
(a) The Satellite Community, in response to the Permit issued under this program and subject to City approval, shall develop a maintenance and monitoring program. The monitoring program shall be designed to determine the contributing flow to the City of Canton Sanitary Sewer System.
(b) The City shall have the authority to conduct monitoring for verification and other purposes within the Satellite Community Sanitary Sewer System.
(c) The Satellite Community shall provide an annual report as detailed in its Permit which shall be submitted by August 1 of each calendar year. Monthly monitoring and reporting requirements may be required by the City.
(Ord. 187-96. Passed 8-12-96.)
(a) All communities subject to this Code shall retain and preserve any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to planning, design, maintenance, monitoring, sampling, financing and legislative action on the part of a community in connection with its compliance or noncompliance with the permit and related Community Compliance Schedule in accordance with all local, state and federal laws and regulations.
(b) The provisions of this portion of this Sewer Use Code consisting of Sections 943.53 through 943.58 inclusive are intended to be read in conjunction with and to complement and supplement other provisions of the Sewer Use Code and applicable sewer agreement, all of which remain fully applicable to the Satellite Communities covered hereunder.
(c) By discharging to the sanitary sewer system of the City, the Satellite Community agrees to comply with all terms and regulations of the City and to be bound by said terms, conditions and regulations.
(Ord. 187-96. Passed 8-12-96.)
(a) The City may initiate enforcement action against a Satellite Community for violation of any provision of this chapter including, but not limited to, the Satellite Community's failure to:
(1) Implement projects on a permit-required Community Compliance Schedule.
(2) Follow Best Management Practices as specified in its permit.
(3) Properly respond to a request for evidence of progress or explanation for delay on projects identified in its Community Compliance Plan.
(4) Produce a sanitary sewer map as required by the permit.
(5) Submit an approvable Community Compliance Plan or Fact Sheet in a timely manner.
(6) Install flow meters.
(7) Prevent the creation of new sanitary sewer overflows.
(b) The City may take any enforcement action available under the provisions of this chapter. By definition and for use of the enforcement sections, a discharger or "user," is defined as including a "Satellite Community." The enforcement action or actions may be taken alone or in combination as necessary to effectuate compliance with this Sewer Use Code and achievement of the Community Compliance Schedule provided for herein.
(Ord. 187-96. Passed 8-12-96.)
The Director of Public Service, Superintendent of the Water Reclamation Facility, or their duly authorized designee may apply to any court of record within the jurisdiction for an administrative inspection warrant pursuant to Ohio R.C. 2933.21(F), under any of the following circumstances:
(a) If any inspection required pursuant to law is refused, hindered or thwarted by the owner or the agent of the owner;
(b) If in the opinion of the Director of Public Service or Superintendent of the Water Reclamation Facility an inspection is necessary to determine the existence of physical conditions which are or may becomes hazardous to the public health, safety or welfare of any person or persons; or
(c) The Director of Public Service or Superintendent of the Water Reclamation Facility has reason to believe that hazardous dangerous conditions exist or that there are conditions existing which constitute a violation of law, regulation or legal requirement.
(Ord. 268-2003. Passed 12-15-03; Ord. 79-2008. Passed 6-2-08.)
The imposition of any penalty as provided in Section 943.99 for a violation of this chapter shall not preclude the City Law Director from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful condition or continuation of the same, to restrain, correct, remove or abate a violation of the Sewer Code, or to otherwise obtain or compel compliance with the provisions of the Sewer Code or other applicable laws, ordinances, rules, regulations or orders.
(Ord. 195-2004. Passed 9-27-04.)
(b) Whosoever violates any of the provisions or requirements of this chapter as set forth in Sections 943.01 to 943.50, other than the provisions specifically enumerated above in subsection (a) hereof, or who violates any rule or regulation adopted under this chapter or is found to have violated or failed to comply with an order issued under this chapter, shall be guilty of a misdemeanor of the fourth degree.
(c) A separate offense shall be deemed committed each day during or on which any of the foregoing offenses occur or continue.
(Ord. 182-91. Passed 11-18-91.)