§ 53.36  ORDER OF DETERMINATION; STATEMENT BY USER; ANNUAL REVIEW; EFFECT.
   (A)   Generally. The Superintendent may, by a written order of determination, establish regulations relative to the sewage and industrial wastes to be received by public sewers. Such regulations may relate to the following:
      (1)   Temperature of any liquid or vapor to be admitted to the sewer;
      (2)   Grease or oil or other substances that may solidify or become viscous in the sewer;
      (3)   Gasoline or similar liquid, gas or solid that is flammable or explosive;
      (4)   Any substances which may tend to settle out in the sewer and cause stoppage or obstruction to flow;
      (5)   Any liquid which is corrosive or highly acidic or highly alkaline;
      (6)   Toxic or poisonous substances;
      (7)   Iron, copper, chromium, nickel and zinc;
      (8)   Cyanides;
      (9)   Toxic radioisotopes;
      (10)   Highly colored wastes;
      (11)   Any noxious or malodorous gas or substance capable of creating a public nuisance;
      (12)   Any substance which may be harmful to pipes, jointing material and manholes; and
      (13)   Any substance which may seriously interfere with the normal operation of the sewage treatment facility, such as overloading by slugs of concentrated material, liquid wastes extremely high in BOD, suspended matter or chlorine demand.
(Prior Code, § 2.106)
   (B)   Statement by user.
      (1)   Any person, firm or corporation whose operations entail the discharge of wastes containing toxic, poisonous or objectionable substances shall file with the city a written statement setting forth the nature of the operation contemplated or currently being carried on, the amount of water required to be used and its source, the proposed point of discharge of said waste into the sewage system of the city, the maximum amount to be discharged per second and a fair statement setting forth the expected bacterial, physical, chemical or other known characteristics of the wastes.
      (2)   Within 30 days of receipt of said statement, the Superintendent shall make an order of determination setting forth the maximum limits for the substances listed in division (A) above.
(Prior Code, § 2.107)
   (C)   Annual review. Any order of determination issued by the Superintendent may be reviewed annually, and the maximums set forth therein adjusted to compensate for increased flows in the entire sewer system or increased contribution of toxic, poisonous or objectionable substances by other users of the city sewer system. It shall be the duty of the Superintendent to apportion to each industry its fair share of toxic waste discharge in such manner that the combined waste of all users will not endanger the sewage system or treatment processes or the receiving waters.
(Prior Code, § 2.108)
   (D)   Effect of order. Any order of determination issued in pursuance of this chapter shall be considered a part of this chapter for the specific industrial user or other establishment involved, and shall be enforceable in the same manner as this chapter.
(Prior Code, § 2.109)
   (E)   Enforcing order. The Superintendent, when advised that a particular industrial user is violating the terms of the order of determination as herein referred to, may discontinue water and sewer service to such industrial user until such time as the industry shall conform to the provisions of the order of determination.
(Prior Code, § 2.110)
   (F)   Pretreatment. Where the wastes from an industrial user exceed the limits set forth in the Superintendent’s order of determination, said user may be required, as a condition precedent to its continued right to use the public sewer, to construct necessary pretreatment facilities to keep wastes discharged to the public sewers within the order limits.
(Prior Code, § 2.111)
   (G)   Appeal procedure.
      (1)   Any industrial user which is subject to an order of determination issued by the Superintendent shall have the right to appeal the rulings and findings of said Superintendent to a board of referees consisting of two registered professional engineers, one of whom shall be selected by the user and one by the city. Neither of said referees shall be in the employ of the party selecting him or her.
      (2)   Within ten days after receiving notice of the selection of the referees, the city shall file with the referees a copy of the Superintendent’s determination and the results of the investigation. Ten days thereafter, the appellant industrial user shall file its reply together with supporting documentation. The referees may thereafter require additional information and may, if they choose, hold a hearing at which both sides may present evidence and arguments. The referees shall render a written opinion within ten days after the last documents are filed, and such opinion shall be binding upon all parties. If the referees cannot agree, they shall select a third referee having the same qualifications and a decision of the majority shall be binding.
      (3)   The referees shall be entitled to reasonable compensation and expenses, and the cost thereof shall be borne equally by appellant and the city.
(Prior Code, § 2.112)