(a) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer.
(b) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Village Administrator. Industrial cooling water or unpolluted process waters may be discharged upon approval of the Village Administrator, into a storm sewer or natural outlet.
(c) No person shall discharge any waters or waste or any substances which contain compatible or incompatible pollutants other than sanitary sewage and which may have a deleterious affect on the sewage disposal system, its appurtenances, process equipment, or receiving waters including violations of applicable water quality standards, or which would otherwise cause a hazard to life or constitute a public nuisance. The Village Administrator shall have the authority to reject the discharge of such wastes or require pretreatment of quantities and rates of discharge to an acceptable condition for discharge to the public sewers as required by this chapter, and may require payment of a surcharge or additional cost of handling, treating and disposing of the compatible wastes which exceed normal strength limitations.
(d) Except as in hereinafter provided, no person, firm, corporation or other legal entity shall discharge or cause to be discharged any of the following described substances or waters into any public sewer;
(1) Any liquids, solids, or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction to cause fire or explosion or be injurious in any other way to persons or the operation of the POTS.
(2) Any liquid or vapor having an average temperature over a 24 hour period, higher than one hundred fifty degrees Fahrenheit at the point at which the liquid or vapor enters the sanitary sewer.
(3) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or otherwise cause interferences with the proper operation of the POTW.
(4) Any waters or wastes having a pH lower than 6.5 and higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the POTW.
(5) Any wastes or waters containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, or that would constitute a hazard to humans or animals or create any hazard in the receiving waters of the POTW or the sludges produced.
(6) Any water or wastes which contain substances which exceed the limitations set forth in the categorical pretreatment standards.
(7) Any noxious or malodorous, gases or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or would prevent entry to the sewers for maintenance and repair.
(8) Any water or wastes which may contain more than thirty five parts per million (35 PPM) by weight of fat, oil, or grease.
(9) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the POTW.
(10) Any waters or wastes having a Chlorine demand greater than 30 mg/l.
(11) Any substance which causes or may cause the POTW effluent or treatment residue, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(12) Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits.
(13) Any substance with objectionable color not removed in the treatment process, such as but not limited to, dye wastes and tanning solutions.
(14) Any slug load which shall mean any pollutant, including Oxygen Demanding Pollutants (BOD etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW.
(15) The discharge or admission into the public sewers of any waters or wastes having a 5-day Biochemical Oxygen Demand (BOD), greater than 200 mg/l, or containing more than 200 mg/l by weight of Suspended Solids, or containing any quantity of substances having the characteristics described herein, or having a daily average flow greater than twenty-two percent of the average daily sewage flow of the Village, shall be subject to reviewer and approval of the Village Administrator. If so ordered, the owner shall provide at his expense, such preliminary treatment as may be necessary to reduce the BOD and Suspended Solids to 200 mg/l, or reduce objectionable characteristics or constituents to within maximum limits provided for in this section, or control the quantities and rates of discharge of such waters and wastes.
Plans and specifications and other pertinent information relating to the proposed pretreatment facility shall be submitted for the approval of the Village Administrator and to the Ohio Environmental Protection Agency for said approval, and no construction of any facility shall be commenced until such approvals are obtained in writing.
(16) Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously and in satisfactory condition so as to operate efficiently by the owner at his expense.
(17) When required by the Village Administrator, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with the puns approved by the Village Administrator and the State of Ohio Environmental Protection Agency. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(18) The Village Administrator will have the right of entrance into any industrial users facilities for the purpose of inspecting water and waste discharges, sampling. flow measurements, and other administrative duties directly concerned with the discharges of materials into the POTW.
(19) All measurements, tests and analysis of the characteristics of waters and waste materials required by the Village Administrator and which is in reference to any analysis required by this ordinance herein, shall be determined in accordance with the approved methods as set forth in 40 CFR, Part 136 as amended, and shall be determined at the control manhole provided for in this section. All sampling protocols shall comply with Federal and State requirements as set forth in Section 6111.3 of the Ohio Revised Code. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
(20) No statement contained in this section shall be construed as preventing any special arrangement between the Municipality and any industrial concern whereby, an industrial waste of unusual strength or character may be accepted by the Municipality for treatment subject to payment therefore, by the industrial concern of a surcharge or other charge as may be determined by the Village Administrator.
(e) Limitations on Wastewater Strength.
(1) National Categorical Pre-Treatment Standards: National categorical pretreatment standards as promulgated by the U.S. EPA pursuant to the act shall be met by all dischargers. An application for modification of the national categorical pretreatment standards may be considered for submittal to the Regional Administrator by the Village, when the village wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR, 403.7.
(2) State Requirements: State requirements and limitations on discharge to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations or those in this chapter or any other applicable ordinance.
(3) Right of Revision: The Village reserves the right to amend this chapter to provide for different limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in the previous section.
(4) Dilution: No discharge shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for the adequate treatment to achieve compliance with the standards set forth in this chapter. This shall not prohibit the use of equalization tanks utilized to regulate flows.
(5) Supplementary Limitations: No discharger shall discharge waste containing concentrations of the following enumerated materials which exceed the following one day minimums, based upon twenty-four average values after a period of nine months has elapsed from the effective date of this chapter.
Pollutant | Concentration (mg/l) |
Cadmium | .5 |
Copper | 2.0 |
Cyanide | 1.0 |
Lead | .5 |
Mercury | .01 |
Nickel | 3.2 |
Silver | 1.0 |
Hex.-Chromium | .2 |
Zinc | 4.0 |
Phenols | 0.2 |
Anionic Surfactants | 50.0 |
Oil and Grease | 35.0* |
B.O.D. | 200.0 |
Total Suspended Solids | 200.0 |
Ammonia-N | 20.0 |
COD | 600.0** |
Total Solids (TS) | 720 |
Total Dissolved Solids (TDS) | 500 |
Total Phosphorus (P) | 4 |
* total 35 mg/1 for oil and grease, 10 mg/1 TPH and 25 mg/1 animal fat or vegetable oil.
** COD over 600 mg/1 becomes subject to a surcharge, up to a maximum of 800 mg/1. Over 800 mg/1 becomes a violation subject to a fine and a compliance review.
(f) No person shall discharge sewage, industrial waste or any other substances into any sewer outlet within the jurisdiction of the Village POTW, without first having complied with the terms of this section.
(g) Wastewater Data Discharge Disclosure:
(1) General Disclosure. All dischargers of industrial wastes proposing to connect to or discharge sewage, industrial wastes or other substances to the POTW shall comply with all terms of this section.
(2) Disclosure Forms. All dischargers of industrial wastes shall complete and file with the Village, a disclosure declaration on the form prescribed by the Village. All existing dischargers of industrial wastes shall file disclosure forms within sixty days after the effective date of this chapter, and each year thereafter. Forms must be filed each year within thirty days after the effective date of this chapter.
Proposed new dischargers shall file the required disclosure forms within ninety days prior to the expected connection to the POTW. Said disclosure to be made by the discharger on written forms provided by the Village and shall cover:
A. Disclosure of name, address, and location within the Village jurisdiction of the Discharger.
B. Disclosure of Standard Industrial Classification (SIC) number according to the SIC Manual, Bureau of the Budget, 1972, as amended.
C. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned by this chapter, as determined by chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended.
D. Disclosure of time and duration of discharges.
E. Disclosure of average daily flow and instantaneous peaks (if known), wastewater flow rates in gallons per day. All flows shall be measured unless other verifiable techniques are approved by the Village Administrator.
F. Disclosure of discharge and sampling location(s).
G. Description of activities, facilities and plant processes on the premises where required by National Categorical Pretreatment Standards including all materials which are or may be discharged to the sewers or works of the POTW.
H. Disclosure of the nature and concentration of any pollutants or materials prohibited by this Chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with respect to this Chapter, on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the Discharger to comply with the regulations of this Chapter.
I. Disclosure of each product produced by type, amount, process or processes and rate of production.
J. Disclosure of the type and amount of raw materials utilized (average and maximum per day).
K. All disclosure forms shall be signed by a principal executive over of the Discharger, unless a written authorization letter has been filed with the Village, designating an alternate authorized agent.
(h) Evaluation. The Village Administrator shall evaluate the completed disclosure form and data furnished by the discharger and may require additional information or data to be furnished by the discharger. The Village Administrator shall sign and date each disclosure form at the time of evaluation. Within thirty days of the receipt of the data furnished, the Village Administrator shall notify the discharger of the Village's acceptance or non-acceptance thereof.
An approval disclosure form is necessary to meet the requirements of this Chapter. When the disclosure form requires additional information to be submitted by the discharger before acceptance or non-acceptance can be determined, the Village Administrator shall provide an appropriate time.
(i) Pollutants Discovered. If the Disclosure form indicates a need for additional pretreatment, the Village may require pretreatment of discharge sewerage, industrial waste or other wastes. Thereafter following the discovery in a discharge of hitherto unknown pollutant(s), which may exceed the limits of this chapter, the discharger shall file within thirty days with the Village, a method of disclosing the source and quantity of the pollutant. A time schedule of activities which will produce the required information shall be submitted at the same time for review and concurrence by the Village.
(j) Additional Pre-Treatment. Where additional pretreatment and/or O and M activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. The discharger's declaration shall be known as the compliance schedule and shall be subject to the following requirements:
(1) The schedule shall contain the dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirement of this chapter including, but not limited to dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts to achieve compliance with this chapter.
(2) Under no circumstances shall the Village permit a time increment for any single step directed toward compliance which exceeds three months except that the Village Administrator may extend the three month limit when, in his discretion, it is in the interest of the public health, safety, and welfare to do so.
(3) Not later than fourteen days following each of the milestone dates in the schedule and the final date for compliance, the discharger shall submit a progress report to the Village, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the Village. The Village will evaluate the compliance schedule furnished by the discharger and may require additional information. Within thirty days full evaluation of the compliance schedule, the Village shall notify the discharger of the Village's acceptance or non-acceptance thereof.
A violation of the accepted Compliance Schedule is a violation of this chapter.
(k) Standards Modification. The Village reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance of the Village with applicable laws and regulations. When the Federal EPA or the State EPA shall promulgate any amendments to the National Categorical Pretreatment Standard which affects discharges to the POTW, this chapter shall be amended to require compliance by Dischargers with such standards within the time frame prescribed bar such standards. All National Categorical Pretreatment Standards and all State Discharge Standards adopted after the promulgation of this chapter shall be adopted by the Village as a part of this chapter. Where a Discharger, subject to a National Categorical Pretreatment Standard or State Discharge Standards has not previously submitted a disclosure form as required by this section, the Discharger shall file a disclosure form with the Village within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA or State Discharge Standard. In addition, any Discharger operating on the basis of a previously filed disclosure statement, shall submit to the Village within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard or State Discharge Standard, any additional information required by the U.S.EPA or the Ohio EPA Pretreatment Standards. The Discharger shall be informed of any proposed changes in this chapter at least thirty days prior to the effective date of such change. Any changes or new conditions in this chapter shall include a reasonable time schedule or compliance The limitations set on toxic pollutants shall be evaluated by the dischargers of the toxic pollutants discharged to the Village when one of the following conditions exists:
(1) One year after implementation of this chapter and every year thereafter.
(2) Any time the effluent from the sewage treatment plant is consistently above or below the water quality standards or effluent limits established by the Ohio EPA.
(l) Reporting Requirements For Dischargers.
(1) Compliance Date Report. Within thirty days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter or thirty days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject this chapter shall submit to the Village a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O and M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an executive of the company or by an authorized agent thereof.
(m) Periodic Compliance Reports.
(1) Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard or, in the case of the new discharger, after the commencement of the discharge to the Village, shall submit to the Village during the months of June and December, unless required more frequently by the Village, a report indicating for three consecutive days the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Village may accept reports of average and maximum flows estimated by verifiable techniques.
The Village, for good cause shown, considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of such reports on months other than those specified above. Should a report of any daily composite sampling show a violation of the maximum daily limit, the discharger will be required to report fourteen consecutive calendar days of sampling performed for the pollutant(s) in violation. This sampling must be completed within thirty calendar days of the notification of the violation. If the results of the sampling show violation does occur, then the discharger will be notified that a new compliance schedule is required. If the sampling indicates no additional violations, then no further action will be required by the discharger at that time. Where categorical standards allow for a four-day average limit and the report of scheduled sampling show the discharge exceeded the four-day average but within the maximum daily limit, the discharger will perform a second sampling for all the parameters of concern. If the second sampling again indicates the discharge is in excess of the four-day average, the discharger will be notified and will be required to report seven days of sampling for that parameter to show the pollutant does not exceed the allowable limits.
(2) Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Village. The frequency of monitoring by the discharger shall be as prescribed in the applicable National Categorical Pretreatment Standard or at intervals determined to be necessary by the Village. If pollutant concentration in the discharge is of such varying nature, or if there is a reasonable risk of a slug of a pollutant that a grab sample of the wastewater cannot be relied upon to furnish a representative analysis of the industry's discharge, then the Village may require the installation of special sampling devices. These may include a continuous sampling pump coupled to a flow meter in such a way that the size of the sample is proportional to the total flow. The discharger shall be responsible for the collection and testing of the aforementioned samples. Samples shall be collected in such a manner as to be representative of the composition of wastes. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. (Including preservatives, cooling, etc. required by 40 CFR Part 136 Procedures.)
(n) Analysis. Laboratory procedures used in the examination of the industrial wastes shall be those set forth in 40 CFR Part 136 as amended.
(o) Monitoring Facilities: Each discharger shall provide and operate at the discharger's own expense a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge in the Village. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger, the Village may concur with the facility being constructed in the public street or sidewalk area provided that the facility is located so that it will not be obstructed by landscape or parked vehicles. There shall be ample room in or near the monitoring facility to allow accurate sampling and preparation of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger if so required. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications, as well as all state standards. Construction shall be completed within ninety days of receipt of written notice from the Village directing the discharger to construct a monitoring facility. All sewer shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and internal diameter of no less than forty-eight inches containing flow measuring, recording and sampling equipment as required by the Village to ensure compliance with this section. Such structure may be utilized by the discharger for his monitoring program once approved by the Village.
(p) Inspection and Sampling. The Village may inspect the monitoring facility of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Village or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purpose of inspection, sampling or record examination. The Village shall have the right to set up on the discharger's premises necessary devices to conduct sampling, inspection, compliance monitoring, metering operations or all of these. The Village shall have the right to copy the discharger’s records relevant to determining compliance with the requirements of this chapter.
(q) Confidential Information: Information and data furnished to the Village with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restrictions unless the discharger specifically requests in writing that the release of information would divulge information, processes or methods of production entitled to protection as trade secrets of proprietary information of the discharger. When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets of 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, the State Disposal system permit, the pretreatment programs, or all of these, provided however, that such portions of a report shall be available for use by the State of Ohio or any State agency in judicial review or enforcement involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Village as confidential shall not be transmitted to any party except as provided herein and unless a ten-day notification is given to the discharger by certified mail.
(r) Surcharges: In the event that a normal discharger is discharging wastes which are in excess of the normal sewage characteristics, the Village Administrator may agree to accept these waste without pretreatment, If, in the opinion of the Village Administrator the wastes will not have detrimental effects upon the POTW or cause the POTW to exceed its NPDES permit limitations. In such cases the Village Administrator shall impose a surcharge based on the following:
(1) B.O.D: $0.35 per pound of BOD in excess of normal strength sewage.
(2) Total Suspended Solids: $0.45 per pound in excess of normal strength sewage.
(3) Phosphorus as P: $1.44 per pound in excess of 4 mg/l.
(4) C.O.D.: $0.35 per pound of COD in excess of normal strength 800 mg/1.
NOTE: At a COD over 800 mg/1, discharger is subject to the surcharge plus additional fines based on severity and history, a Compliance Review and possible revocation of their discharge Sewer Use Permit.
The above calculations are made on the following formula:
F x 8.34 x (CA-CB) x S = DS where:
F = average daily industrial flow in millions of gallons per day.
CA = surcharged parameter in milligrams per liter (mg/l).
CB = normal strength waste for any surchargeable parameter.
(B.O.D. = 200) (TSS = 200) (PO4 = 25 mg/1) (COD = 600 mg/1).
S = surcharge amount per pound of surchargeable parameter
DS= daily surcharge
(Ord. 95-7. Passed 6-19-95; Ord. 2023-17. Passed 12-4-23.)