(A) No person, company, entity or industrial or commercial establishment shall discharge or cause to be discharged into the city sewer system any waste which is hazardous to the health, safety and/or welfare of the inhabitants, or employees of the city, or any waste which causes, either alone or by interaction with other substances, the following:
(1) A fire or explosion hazard (e.g., gasoline, kerosene, fuel oil, mineral spirits, benzene, naphtha or the like);
(2) Obstruction to the flow in the public sewer or treatment works;
(3) Corrosive structural damage, alkaline encrustation or other damaging effects to the public sewer or treatment works;
(4) Danger to life or safety of any person;
(5) A strong offensive odor which prevents the effective maintenance or operation of the sewer line;
(6) Air pollution, toxic or malodorous gases or malodorous gas-producing substances;
(7) Interference with the operation, maintenance or performance of the sewer system; or
(8) Conditions which violate any statute, rule, regulation or ordinance of any public agency or state or federal regulatory body.
(B) Any person, company, entity or industrial or commercial establishment who discharges or causes to be discharged into the city sewer system any of the above-mentioned wastes shall immediately notify the city’s Fire Department by telephone by the “911” emergency number system.
(C) The city shall have the right to refuse connection to the city sewer system, disconnect a sewer line or compel pretreatment of any waste, including industrial waste by an industrial or commercial establishment, in order to prevent the discharge into the sewer system of any waste deemed to have a deleterious effect on the city sewer system or the sewer system of Sanitation District No. 1 of Campbell and Kenton Counties which is geographically located in the city; or of any waste which is deemed hazardous to the health, safety and welfare of the residents, inhabitants or employees of the city; or of any waste which causes, threatens to cause, or is capable of causing, either alone or by interaction with other substances, the following:
(1) A fire or explosion hazard (e.g., gasoline, kerosene, fuel oil, mineral spirits, benzene, naphtha or the like);
(2) Obstruction to the flow in the public sewer or treatment works;
(3) Corrosive structural damage, alkaline encrustation or other damaging effects to the public sewer or treatment works;
(4) Danger to life or safety of any person;
(5) A strong offensive odor which prevents the effective maintenance or operation of the sewer line;
(6) Air pollution, toxic or malodorous gases or malodorous gas-producing substances;
(7) Interference with the operation, maintenance or performance of the sewer system; or
(8) Conditions which violate any statute, rule, regulation or ordinance of any public agency or state or federal regulatory body.
(D) The city, through its Board of Commissioners, may prepare a more specific list of commercial and industrial wastes which may not be discharged into the sewer system of the city or Sanitation District No. 1 of Campbell and Kenton Counties and from time to time may supplement that list.
(E) Industrial and commercial users of the city sewer system shall provide, at each connection with the sewer system, suitable manholes to facilitate observation sampling and measuring of the waste being discharged. Such manholes shall be constructed in accordance with plans and specifications approved by the Department of Public Works of the city. All manholes shall be installed and maintained in a safe condition at the expense of the owner of the premises being served, and shall be located so as to be accessible at all times to authorized employees of the city without the consent of the owner.
(F) Analysis of wastes shall be determined in accordance with the current methodology employed by Sanitation District No. 1 of Kenton and Campbell Counties, by the Environmental Protection Cabinet of the state or by the Federal Environmental Protection Agency. Sampling and analysis shall be carried out by customarily-accepted methods. Samples for testing shall be taken at the control-sampling manhole and at such other manholes as are required by the Department of Public Works of the city.
(G) The city is empowered to suspend sewer line service when such suspension is necessary in the opinion of the Department of Public Works to stop an actual or threatened discharge which violates the prohibitions of this section. Any person notified of a suspension of sewer line service shall immediately stop or eliminate the prohibited discharge.
(1) In the event of a failure to comply voluntarily with any order or demand by the Department of Public Works, the city, through the Department, shall take such measures as it deems necessary, including immediate severance of the sewer connection to prevent or minimize interference with or endangerment to any individuals.
(2) The city shall reinstate sewer line service upon satisfactory proof by the user of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the cause of prohibited waste discharge and the measures taken to prevent any future occurrence shall be submitted to the Department of Public Works within 15 days of the date of the occurrence. If the sewer line connection has been severed as provided herein, the user shall pay the reasonable costs of severance and reconnection.
(H) Any user who violates any of the following conditions is subject to having his or her user’s sewer permit revoked and the sewer line disconnected in accordance with the procedures set forth herein:
(1) Non-compliance with any of the prohibitions and regulations imposed by this section;
(2) Failure to install a properly constructed sampling and testing manhole as required by this section; or
(3) Refusal of the user to permit access by the city to the sampling and testing manhole.
(I) Whenever the city determines or has reason to believe that any user has violated or is violating the prohibitions and regulations of this section, the city shall serve upon such user by certified or registered mail a written notice stating the nature of the violation and requiring the user to show cause within 30 days why the user’s sewer permit should not be revoked, or the user’s sewer line not be severed, or if severed as provided herein, reconnected.
(J) (1) Notice of the show-cause hearing shall specify the time and place of the hearing before the Board of Commissioners, the nature of the violation, and the proposed enforcement action.
(2) All testimony shall be taken under oath and recorded mechanically and/or stenographically.
(3) The transcript or tape of the proceedings will be made available to any party at cost.
(4) The Board of Commissioners is empowered to issue subpoenas signed by the Mayor or City Manager to compel the attendance of witnesses and production of documents.
(K) (1) In any such hearing, the burden of proof to show cause shall be upon the user. If warranted by the evidence, the Board of Commissioners may issue an order to the user responsible for the prohibited discharge or violation of any of the regulations herein, that following a specified time period not to exceed 30 days, the sewer service shall be discontinued unless the violation is completely corrected.
(2) Nothing in this section shall be construed to prohibit the immediate disconnection of any sewer line to prevent discharges into the city sewer system, as herein prohibited, or for failure to install all the facilities for observation, testing and sampling.
(1984 Code, § 50.03) (Ord. O-7-87, passed 2-17-1987; Ord. O-54-90, passed 10-30-1990) Penalty, see § 50.99