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(a) If pollutants or wastewater containing any of the unacceptable substances described in Section 541.11 of this chapter are discharged or proposed to be discharged into the sewer system or stormwater system, including but not limited to any watercourse in the City of Cleveland, or into any sewer system tributary, in addition to any other remedies provided in this chapter, including Section 541.97 or Section 541.99, the Commissioner may:
(1) Prohibit the continued or proposed discharge of such wastewater;
(2) Require the discharger to implement on-site modifications to reduce or eliminate the discharge of such substances in conformity with this chapter;
(3) Require pretreatment or the creation of storage facilities for flow equalization to render the discharge acceptable;
(4) Where applicable, require the installation of grease, oil or sand interceptors; or
(5) Take such other remedial action as the Commissioner deems desirable or necessary to achieve the purposes of this chapter.
(b) Any person whose discharge is determined to be unacceptable within the meaning of this chapter or of the NEORSD Sewer Use Code may apply to the Commissioner for permission to render such discharge acceptable by pretreatment. The Commissioner may approve pretreatment which complies with all requirements and conditions of this chapter and the NEORSD Sewer Use Code.
(c) Where the Commissioner requires pretreatment or equalization of wastewater flows:
(1) Plans, specifications and other pertinent data or information relating to pretreatment or flow equalization facilities required under division (a)(3) of this section shall be submitted to the Commissioner for review and approval prior to their implementation. No subsequent alterations or additions to such facilities shall be made without prior notice to and approval of the Commissioner. Notwithstanding any approval by the Commissioner, discharges from such facilities must comply with applicable codes, ordinances, rules, regulations or orders of all governmental authorities having jurisdiction over unacceptable discharges;
(2) Pretreatment and flow equalization facilities shall be maintained in good working order and operated efficiently by the owner at his or her own expense, and shall comply with the requirements of this chapter and all other applicable codes, ordinances, laws, rules and regulations. If for any reason, a facility does not or cannot comply with any provision of this chapter, the owner or person responsible for the facility shall immediately notify the Commissioner so that action may be taken to protect persons, property and the sewer system.
(Ord. No. 609-17. Passed 6-4-18, eff. 6-5-18)
(a) The Division of Water Pollution Control is authorized to enter upon private property, with the permission of the owner of the property, for the purpose of snaking sewer connections to locate blockages within the City's sewer system. Snaking of sewer connections may be performed by the City from an existing test tee or by digging an opening one (1) foot beyond the existing or proposed curb line of the roadway.
If the blockage is in the main sewer or between the main sewer and a point one (1) foot beyond the existing or proposed curb line of the roadway, repairs shall be made by the Division of Water Pollution Control. If the blockage is between the building and the point one (1) foot beyond the existing or proposed curb line of the roadway, the Division of Water Pollution Control shall advise the owner to engage a licensed and bonded sewer builder to make the necessary repairs.
(b) Where there is no existing test tee, the Division of Water Pollution Control is authorized to install a test tee at the opening one (1) foot beyond the existing or proposed curb line of the roadway for the purpose of future inspections.
(c) The Director of Public Utilities shall make and enforce the regulations as he or she may deem necessary for the implementation and management of the work authorized by this section. The regulations, when published in the City Record, shall have the same force and effect as ordinances of the City.
(d) The Director of Public Utilities is authorized to make a written requirement contract under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for the necessary items of material and labor to investigate and camera inspect, snake existing sewer connections, install test tees where none exist, and clean up sewage or wastewater, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Division of Water Pollution Control, Department of Public Utilities. Bids shall be taken in a manner to permit an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control shall determine.
The cost of said contract or contracts shall be charged against the proper appropriation account and the Director of Finance shall certify thereon the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance.
That under Section 108(b) of the Charter, the purchases authorized by this section may be made through cooperative arrangements with other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
(Ord. No. 609-17. Passed 6-4-18, eff. 6-5-18)
(a) Whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning sewer connections or discharges, in addition to any other remedy provided under this chapter, the Commissioner may issue a written order to remedy the violation. The order shall state the nature of the violation and shall provide that all illegal discharges shall cease, and under division (e) of this section all work shall cease on the sewer connection that are the subject of the order until all violations have been remedied. The Commissioner may order that a remedy must be effected within twenty-four (24) hours after receipt of the order or sooner to prevent, minimize, or eliminate harm to human health, property, or the environment. The Commissioner shall forward notice by certified mail to the owner, agent, or person in control of the building, structure or portion of the building or structure. The handing of the notice or order to that owner, agent, or person in control shall be deemed actual notice and is legal and valid service. No other form of service is necessary. If a person to whom a notice and order is addressed is not found after a reasonable and diligent search, then the notice and order shall be sent by certified mail to his or her tax mailing address, if available, as indicated on the County tax duplicate, and a copy of the notice shall be posted in a conspicuous place on the premises to which it relates. The mailing and notice shall be deemed legal service of the notice and order.
(b) If a violation is not remedied within the time period specified in division (a) of this section, in addition to any other remedy provided under this chapter, the Commissioner may order revocation of the sewer builder's license and the sewer connection permit of the person who is charged with the violation (the "person charged") and may cause the violation to be remedied at the expense of the person charged.
(d) Prohibition. No person shall violate any provision of this chapter, or fail to comply with any order issued under it, or cause or permit the same to be done.
(e) Stop Work Orders.
(1) Upon notice from the Commissioner or any other administrative officer having jurisdiction that work on any sewer, connection, or activity is being done contrary to the provisions of this chapter, such work shall be immediately stopped.
(2) Such notice shall be in writing and be given to the owner of the property, his or her agent, or the person doing the work, and shall state the conditions under which work may be resumed. However, in instances where immediate action is deemed necessary to protect human health, property, or the environment, the Commissioner or administrative officer having jurisdiction may require the work or activity be stopped upon verbal order pending the issuance of a written order.
(f) In case the owner, agent, or person in control, fails, neglects, or refuses to comply with a notice or order issued under this chapter, or to remove or abate any other condition that is defined as a nuisance or illegal discharge under this chapter, the Commissioner, in addition to any other remedies under this chapter, may take appropriate action to take repair or maintenance measures at the expense of the property owner, agent, or person in control.
(g) Civil Actions. Whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning illegal connections or unacceptable discharges, in addition to any other remedies under this chapter, may order in writing that the violation cease immediately, and such person violating or who has violated this chapter shall pay a civil penalty of no more than one thousand dollars ($1,000.00) per day of violation.
(h) Action by Director of Law. The Commissioner may advise the Director of Law of the facts in a matter, who in addition to other legal remedies that may be available, may institute appropriate action in court to cause correction of the violations and defects, or abatement or removal of the violation. Such action includes, but is not limited to, instituting an appropriate action in law or in equity to restrain the illegal discharge or nuisance, to compel its abatement, or prevent the use of the sewer system.
(i) Procedure on Appeals. Appeals of persons adversely affected by a notice of violation or an order of the Commissioner issued under this section shall be heard and decided by the Board of Zoning Appeals under the following procedures:
(1) A written notice of appeal must be filed with the Board of Zoning Appeals under the rules for filing notices of appeals. Such notice shall be filed within thirty (30) days after the decision from which the appeal is taken and specifying the grounds for the appeal. However, in the case of a discharge or condition that presents potential or actual harm to human health, property or the environment, the Commissioner, in his or her order, may limit the time for such appeal to a shorter period;
(2) A copy of the notice of appeal and grounds for appeal shall also be sent to the Commissioner of Water Pollution Control;
(3) Filing a notice of appeal shall stay all proceedings in furtherance of the action appealed from except an order of the Commissioner terminating water service under this chapter or in the case of any other notice or order if the officer or agency from whom the appeal is taken files with the Board, after notice of appeal has been filed with the officer or agency, a certificate, a copy of which shall forthwith be mailed to the appellant at the address stated in the notice of appeal, that, by reason of facts stated in the certificate, a stay would in the officer's or agency's opinion cause immediate peril to life, property or the environment. In either case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board, or by a court of competent jurisdiction upon application, and upon notice to the officer or agency from whom the appeal is taken on due cause shown and in accordance with the Ohio Rules of Civil Procedure;
(4) The Board shall fix a reasonable time for the hearing of appeals and give due notice thereof to the parties, and decide the same within a reasonable time. At the hearing any party may appear in person, or by agent or attorney;
(5) If the Board affirms the order of the Commissioner, the person charged may reapply for the license and permits required by Section 541.04 and Section 541.05, and if the Commissioner has not caused the remedy of the violation which was the subject of his or her order, the person charged must remedy the violation before continuing any work under his or her license and permits;
(6) If the Board disaffirms the order of the Commissioner, the sewer builder's license and sewer connection permit shall be restored to the person charged; and
(7) Except where the Board of Zoning Appeals has disaffirmed the order of the Commissioner, any person who violates the provisions of this chapter concerning sewer connections shall pay all expenses incurred and damages resulting from the violation.
(Ord. No. 609-17. Passed 6-4-18, eff. 6-5-18)
(a) For the purpose of administration of this chapter, the Commissioner shall, at all times, have free access to the premises of any user of the sewer system, and to the premises of any person reasonably believed by the Commissioner to be a user or potential user of the sewer system. The access may be for the purpose of inspection, observation, measurement and/or testing. The Commissioner shall reasonably protect and treat as confidential any trade secrets or proprietary information which it obtains from the entry.
(b) Nothing in this chapter shall be construed to restrict or in any way limit the jurisdiction of the NEORSD or any other governmental authority having jurisdiction over sewers, sewer connections or unacceptable discharges.
(Ord. No. 609-17. Passed 6-4-18, eff. 6-5-18)
(a) Whoever violates any of the provisions of the following sections shall be guilty of a misdemeanor of the first degree. Each day of a continuing violation or noncompliance shall constitute a separate offense.
Section 541.07 "Catch Basins"
Section 541.08 "Stormwater Connections"
Section 541.081 "Watercourse Protection"
Section 541.11 "Prohibition of Illicit Wastewater or Stormwater Discharges"
Section 541.12(c) "Control of Unacceptable Discharges"
Section 541.97(d) or (f) "Abatement Orders; Stop Work Orders; Enforcement Procedures."
Section 541.08 "Stormwater Connections"
Section 541.081 "Watercourse Protection"
Section 541.11 "Prohibition of Illicit Wastewater or Stormwater Discharges"
Section 541.12(c) "Control of Unacceptable Discharges"
Section 541.97(d) or (f) "Abatement Orders; Stop Work Orders; Enforcement Procedures."
(b) Whoever violates any of the provisions of the following sections shall be guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on a third and any subsequent offense.
(c) In addition to any other method of enforcement provided for in this chapter, whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning unacceptable discharges, he or she shall order in writing that the violation cease immediately, shall terminate water service to the premises where the violation occurred, and shall take any further enforcement action provided in this chapter that is necessary.
(Ord. No. 609-17. Passed 6-4-18, eff. 6-5-18)