(A) (1) If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 51.35(A) and (B), and which in the judgment of the Town Board; based upon all factors addressed in this subchapter, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or otherwise create a hazard to life, health or constitute a public nuisance, the Town Board may:
(a) Require all new industrial waste or major contributors and industrial waste or major contributors with any increase in discharges to submit information on wastewater characteristics and obtain prior approval for discharge.
(b) Reject the wastes in whole or in part for any reason deemed appropriate by the wastewater Superintendent.
(c) Require pretreatment of such wastes to comply with the limits as defined by this subchapter.
(d) Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes.
(2) If the Town Board permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Town Engineer and subject to the requirements of all applicable codes, ordinances and laws.
(B) In addition to meeting the discharge limits enumerated in § 51.35(A) and (B), pretreatment of industrial wastes from contributing industries prior to discharge of the treatment works is subject to the EPA rules and regulations as contained in 40 CFR Part 403 and New Sources of Pollution dated January 28, 1981, as amended.
(C) Plans, specifications and any other pertinent information relating to pretreatment control facilities shall be submitted for approval of the Town Board and no construction of such facilities shall be commenced until approval in writing is granted and an IDEM construction permit is obtained. Where such facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his expense and shall be subject to periodic inspection by the town to determine that such facilities are being operated in conformance with the applicable federal, state and local laws and permits. The owner shall maintain operating records of the influent and effluent to show the performance of the treatment facilities and for comparison against the Board or its representative's monitoring records.
(D) The Town Board and its representatives may require users of the treatment works to supply pertinent information on wastewater characteristics. This information may be requested on a monthly or quarterly basis. Such measurements, tests and analyses shall be made at the users' expense.
(E) When required by the Superintendent and subject to approval by the Town Board, the owner of any property serviced by a building sewer carrying nonresidential wastes shall install a suitable control manhole(s) together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole(s), when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Town Engineer. The manhole(s) 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. Agents of the town, the Indiana Department of Environmental Management and the U.S. Environmental Protection Agency shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing.
(F) The strength of wastewaters shall be determined, for periodic establishment of charges provided for in the §§ 51.25 through 51.29, from samplings taken at the aforementioned structure at any period of time and of such duration and in such manner as the town may elect, or, at any place mutually agreed upon between the user and the town. Appropriate charges for sampling and analysis may be assessed to the user at the option of the town. The results of routine sampling and analysis by the user may also be used for determination of charges after verification by the town.
(G) Periodically, at least once each calendar quarter, the town may monitor the discharge from any nondomestic source and bill the discharger the cost of monitoring and analyzing for any or all controlled pollutants. The town shall reserve the right to conduct additional inspection, testing, and monitoring as is deemed appropriate to ensure that dischargers are in compliance with the provisions of this subchapter.
(H) (1) The Town Board may assess charges and fees from any nondomestic discharger which may include:
(a) Fees for any monitoring, inspections, surveillance and analyzing.
(b) Fees for reviewing plans, specifications and any other pertinent information relating to pretreatment control facilities and accidental discharge procedures.
(2) These fees relate solely to the matters covered by this subchapter and are separate from all other fees chargeable by ordinance. A schedule of applicable charges and fees are available from the utility office.
(I) All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this subchapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at that control manhole, except for application for NPDES permits and report thereof which shall be conducted in accordance with rules and regulations adopted by the USEPA, 40 CFR Part 136 and any subsequent revisions subject to approval by the town. 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. Sampling shall be carried out by the customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, health and property. (The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. suspended solids analyses are obtained from 24-hour composites of all out falls whereas pHs are determined from periodic grab samples.)
(J) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(K) Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with § 51.32.
(L) All discharges subject to local, state or federal regulations must retain and preserve for at least three years, any records, books, documents, memoranda, reports, correspondence, any and all summaries relating to monitoring, sampling, and chemical analyses made by or on the behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the town must be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation concerning any appeals have expired.
(Ord. 9-6-94-1, passed 9-20-94)