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Eaton Overview
Codified Ordinances of Eaton, OH
Codified Ordinances of the City of Eaton, Ohio
CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
TITLE THREE - Utilities
TITLE FIVE -Other Public Services
PART ELEVEN - UNIFIED DEVELOPMENT ORDINANCE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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922.06 FEES.
        (a)    The purpose of this section is to provide for the payment of fees from dischargers to the Authority's wastewater disposal system, to compensate the Authority's wastewater disposal system and to compensate the Authority for the cost of administration of the pretreatment program established in this chapter.
      
   (b)    The City shall adopt, by establishment after a public hearing, charges and fees which may include:
            (1)    Fees for monitoring, inspections and surveillance procedures;
            (2)    Fees for permit applications;
            (3)    Fees for filing appeals;
            (4)    Fees for reviewing accidental discharge procedures and construction; and
            (5)    Any other fees deemed appropriate by the City.
                  (Ord. 23-14. Passed 8-17-23.)
922.07 WASTEWATER DISCHARGE PERMITS REQUIRED.
        (a)   No person shall discharge industrial wastes or other wastes to any sewer within the jurisdiction of the Authority and/or to the POTW without first obtaining a permit therefor from the Authority.
      
   (b)   All industrial dischargers proposing to connect to or to discharge industrial wastes and other wastes to the POTW shall obtain a wastewater discharge permit before connecting to or discharging to the POTW. All existing industrial dischargers connected to or discharging to the POTW shall obtain a wastewater discharge permit within ninety days after the effective date of this chapter. (Ord. 23-14. Passed 8-17-23.)
922.08 PERMIT APPLICATIONS.
        (a)   Industrial dischargers shall complete and file with the Authority a permit application in the form prescribed by the Authority and accompanied by the appropriate fee. Existing industrial dischargers shall apply for a wastewater discharge permit within thirty (30) days after the effective date of this chapter (Ordinance 84-11, passed May 15, 1984), and proposed new dischargers shall apply at least ninety (90) days prior to connecting to the POTW. No discharge permit shall be issued unless and until the following conditions have been met:
            (1)    Disclosure of the name, address and location of the discharger;
      (2)    Disclosure of the Standard Industrial Classification (SIC) number according to the "Standard Industrial Classification Manual," Bureau of the Budget, 1972, as amended;
      (3)    Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter, including Appendices A, B and C following the text of this chapter, as appropriate, as determined by bona fide 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.
      (4)    Disclosure of the time and duration of discharges;
      (5)    Disclosure of the average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any, All flows shall be measured unless other verifiable techniques are approved by the Authority due to cost or nonfeasibility.      
      (6)    Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
      (7)    A description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or works of the Authority;
      (8)    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 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 this chapter;
      (9)    Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement additional operation and maintenance activities, as follows:
         A.    The schedule shall contain milestone dates for the commencement of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with this chapter, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
         B.   Under no circumstances shall the Authority permit a time increment for any single step directed toward compliance which exceeds nine (9) months.
         C.   Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Authority, including not less than a statement as to whether or not it complied with the increment of progress, and if not, 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 (9) months elapse between such progress reports to the Authority.
      (10)    Disclosure of each product produced by type, amount, process or processes and rate of production; and
      (11)    Disclosure of the type and amount of raw materials utilized (average and maximum per day).
         (b)    All permit applications for new or modified permits shall be signed by a principal executive officer of the discharger and by a qualified, licensed professional engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the discharger.
  
    (c)    All sewers shall have an inspection and sampling manhole or structure with an opening of not less than twenty-four (24) inches in diameter and an internal diameter of not less than forty-eight (48) inches containing flow measuring, recording and sampling equipment as required by the Authority to ensure compliance with this chapter.
   (d)   The Authority will evaluate the complete application and data furnished by the discharger and may require additional information. Within thirty (30) days after full evaluation and acceptance of the data furnished, the Authority shall issue a wastewater discharge permit subject to terms and conditions provided in this chapter.
   (e)    New source dischargers are required to have installed and operational any necessary pollution control equipment before beginning to discharge. They must achieve compliance with categorical and local regulations in the shortest feasible time, not to exceed ninety (90) days after commencement of discharge.
   (f)    Baseline Monitoring Reports. Within 180 days after the effective date of a categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a categorical determination submission under 403.6(a)(4) whichever is later, existing industrial dischargers subject to such categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the control Authority a report which contains the information listed in Section 922.13(a)(1) - (7) (Reports and Reporting Requirements).
   
   (g)    All applications and reports must be signed as required and include the following statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. "
(Ord. 23-14. Passed 8-17-23.)
922.09 MODIFICATIONS OF PERMITS.
        (a)    The Authority reserves the right to amend any wastewater discharge permit issued under this chapter in order to ensure compliance by the Authority with applicable laws and regulations. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of each discharger subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. All national categorical pretreatment standards adopted after the promulgation of this chapter shall be adopted by the Authority as part of this chapter. Where a discharger, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by Section 922.08, the discharger shall apply for a wastewater discharge permit from the Authority within 180 days after the promulgation of the applicable national categorical pretreatment standard by the U.S. EPA. In addition, the discharger with an existing wastewater discharge permit shall submit to the Authority, within 180 days after the promulgation of an applicable national categorical pretreatment standard, the information required by Section 922.08. The discharger shall be informed of any proposed change in his or her permit at least thirty (30) days prior to the effective date of the change. Any change or new condition in the permit shall include a reasonable time schedule for compliance.
         (b)   A baseline monitoring report form, to be furnished by the Authority, will be completed by all industrial dischargers subject to a national categorical pretreatment standard. (Ord. 23-14. Passed 8-17-23.)
922.10 SPECIFICATIONS OF PERMITS.
          (a)    An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Authority to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. The Authority shall deny or condition any new or increased contribution of pollutants, or change in the nature of pollutants, to the POTW by industrial users where such contribution does not meet applicable pretreatment standards and requirements or where such contribution would cause the POTW to violate the NPDES permit.
(b)    Wastewater discharge permits shall specify not less than the following:
      (1)    Fees and charges to be paid upon initial permit issuance;
      (2)    Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
      (3)    Limits on average and maximum rate and time of discharge and/or requirements for flow regulations and equalization;
      (4)    Requirements for installation and maintenance of inspection and sampling facilities;
      (5)    Special conditions as the Authority may reasonably require under particular circumstances of a given discharge, including sampling locations, frequency of sampling, number, types and standards of tests and reporting schedules;
      (6)    Compliance schedules; and
      (7)    Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this chapter.
      (8)    Effluent Limits. Effluent limits are based on applicable general Pretreatment Standards in 40 CFR Part 403, Categorical Pretreatment Standards, local limits, Best Management Practices and State and local law.
               (Ord. 23-14. Passed 8-17-23.)
922.11 EFFECTIVE PERIOD OF PERMITS.
          All wastewater discharge permits shall be issued for perpetual duration, subject to amendment or revocation as provided in this chapter. Under extraordinary circumstances, a permit may be issued for a stated period or may be stated to expire on a specific date.
(Ord. 23-14. Passed 8-17-23.)
922.12 TRANSFERABILITY OF PERMITS.
       Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger without the prior written approval of the Authority, or transferrable to any other location.
(Ord. 23-14. Passed 8-17-23.)
922.13 REPORTS AND REPORTING REQUIREMENTS.
         (a)    Reporting on Compliance with a Categorical Pretreatment Deadline. Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Authority a report containing the information described in subsections (a)(4) and (5) of this section. For Users subject to equivalent mass or concentration limits established in accordance with 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 922.08(g) of this chapter. All sampling will be done in conformance with Section 922.13(5).
   New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet the applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (a)(1)-(5) hereof:
      (1)    Identifying information. The discharger shall submit the name and address of the facility, including the name of the operator and owners.
      (2)    Permits. The discharger shall submit a list of any environmental control permits held by or for the facility.
      (3)    Description of operations. The discharger shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such industrial discharger. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
      (4)    Flow measurement. The discharger shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
                  A.    Regulated process streams; and
         B.    Other streams as necessary to allow use of the combined waste stream formula of 403.6(e). (See subsection (d)(5)D. hereof.) The control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
      (5)    Measurement of pollutants.
         A.    The discharger shall identify the Pretreatment Standards applicable to each regulated process.
         B.    The discharger shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control Authority) or regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a Best Management Practice or pollution prevention alternative, the user shall submit documentation as required by the control Authority or the applicable standards to determine compliance with the standard.
         C.    The discharger shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
         D.    Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the discharger should measure the flows and concentrations necessary to allow use of the combined waste stream formula of CFR 40 Part 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with CFR 40 Part 403.6(e) this adjusted limit along with supporting data shall be submitted to the control Authority.
         E.   Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
         F.    The control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
         G.    The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutants discharges to the POTW.
         H.    For sampling required in support of baseline monitoring and ninety (90) day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control Authority may authorize a lower minimum. For other required reporting and assessment of compliance, the control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial dischargers with Applicable Pretreatment Standards and Requirements.
         I.    Discharger reports must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The control Authority shall require that frequency of monitoring necessary to assess and assure compliance by dischargers with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24)-hour composite samples must be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control Authority. Where time-proportional composite sampling or grab sampling is authorized by the control Authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24)-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedure as documented in approved EPA methodologies may be authorized by the control Authority, as appropriate.
      (6)   Certification. A statement, reviewed by an authorized representative of the Discharger (as defined in Section 922.02(c)) (Definitions) and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial discharger to meet the Pretreatment Standards and Requirements; and
      (7)    Compliance schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the industrial discharger will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the completion date established for applicable Pretreatment Standard.
         A.    Where the industrial discharger's categorical Pretreatment Standard has been modified by a removal allowance (403.7), the combined waste stream formula (403.6(e)), and/or a Fundamentally Different Factor variance (403.13) at the time the discharger submits the report required by subsection (b) of this section, the information required by subsections (a)(6) and (a)(7) hereof shall pertain to modified permits.
         B.    If the categorical Pretreatment Standard is modified by a removal allowance (403.7), the combined waste stream formula (403.6(e)), and/or a Fundamentally Different Factors variance (403.13) after the Discharger submits the report required by subsection (a) of this section, any necessary amendments to the information requested by subsections (a)(6) and (a)(7) hereof shall be submitted by the Discharger to the control Authority within sixty (60) days after the modified limit is approved.
    (b)   Periodic Compliance Reports.
      (1)   Any industrial discharger subject to a categorical Pretreatment Standard (except a Non-Significant categorical User as defined by 40 CFR 403.3(v)(2)), after the compliance date of such Pretreatment Standard, or, in the case of a new source, after the commencement of the discharge into the POTW, shall submit to the control Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the control Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical Pretreatment Standards. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the discharger shall submit documentation required by the control Authority or the Pretreatment Standard necessary to determine the compliance status of the discharger. At the discretion of the control Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control Authority may modify the months during which the above reports are submitted.
      (2)    Reporting requirements for industrial dischargers not subject to categorical Pretreatment Standards. The control Authority must require appropriate reporting from those industrial dischargers with discharges that are not subject to categorical Pretreatment Standards. Significant Non-categorical industrial users must submit to the control Authority at least every six (6) months or dates specified in control document by the Authority a description of the nature, concentration, and flow of pollutants required to be reported by the control Authority. In cases where a local limit requires compliance with a Best Management Practice or pollution prevention alternative, the discharger must submit documentation required by the control Authority to determine the compliance status of the discharger. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. This sampling and analysis may be performed by the control Authority in lieu of the significant non-categorical industrial discharger. If a discharger subject to the reporting requirements of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control Authority, the results of this monitoring shall be included in the report.
      (3)   Period Compliance Discharge Reports subsection (b)(1-2) of this section, must be based upon data obtained through the appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the report period in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. The control Authority shall require that frequency of monitoring necessary to assess and assure compliance by dischargers with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the control Authority. Where time-proportional composite sampling or grab sampling is authorized by the control Authority, the samples must be representative of the discharge and the decision to allow the alternative
          sampling must be documented in the industrial discharger file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24)-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedure as documented in approved EPA methodologies may be authorized by the control Authority as appropriate.
      (4)    If the results of periodic monitoring indicate noncompliance with any pollutant limit (excluding surcharged parameters) stipulated in the industrial discharger's permit, or where such limits or permits do not exist, or where monitoring results exceed Federal categorical or local limits, the industrial user shall notify the Authority within twenty-four (24) hours of becoming aware of the non-conforming discharge. The industrial user must then repeat sampling and analysis and submit the results to the Authority within thirty (30) days unless the Authority samples the industrial user's discharge. If the Authority conducts monitoring and becomes aware of a permit violation or exceedance, the Authority must conduct the resampling within thirty (30) days.
      (5)   All industrial users shall promptly notify the Authority in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
   (c)   All reports required by this section must be signed by an authorized representative of the discharger as follows:
      (1)    If the discharger is a corporation:
         A.    The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy decision making functions for the corporation; or
         B.    The Manager of one or more manufacturing, production, or operating facilities, provided the Manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, initiates and directs other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the Manager in accordance with corporate procedures.
      (2)   If the discharger is a partnership or sole proprietorship, a general partner or proprietor, respectively;
      (3)    If the discharger is a Federal, State or local government facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee;
       (4)    The individuals described in subsections (1) - (3) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters of the company and the written authorization is submitted to the Authority. The written authorization is submitted to the Eaton Public Works Division.
      (5)   If an authorization under subsections (c)(1) - (3) hereof is no longer accurate because of a change in personnel, responsibility or overall operation of the facility, a new authorization must be submitted to the Public Works Division prior to or together with any reports to be signed by an authorized representative.
         (Ord. 23-14. Passed 8-17-23.)
922.14 MONITORING FACILITIES.
        (a)    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 to the Authority. In relation, the control Authority may require the industrial discharger to install flow monitoring facilities, instruments and recording devices to enable accurate measurement of flows as determined to be necessary. Each monitoring facility shall be situated on the discharger's premises, except that where such a location would be impractical or cause undue hardship on the discharger, the Authority may concur with the facility being constructed in the public right of way, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
      
   (b)   There shall be ample room in or near such sampling 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. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of a permit by the discharger.
(Ord. 23-14. Passed 8-17-23.)
922.15 RIGHT OF ENTRY FOR INSPECTIONS, SAMPLING AND RECORDS EXAMINATION.
   Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices. Records shall include the date, exact place, method, and time of sampling, and the name of the EPA Model Pretreatment Ordinance 39 person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or [the City], or where the User has been specifically notified of a longer retention period by [the Superintendent].
   (a)    The Authority shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Authority ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
       (1)   Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Authority shall be permitted to enter without delay for the purposes of performing specific responsibilities.
      (2)   The Authority shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
      (3)   The Authority may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated [insert desired frequency] to ensure their accuracy.
      (4)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Authority and shall not be replaced. The costs of clearing such access shall be born by the User.
      (5)   Unreasonable delays in allowing the Authority access to the User's premises shall be a violation of this chapter.   
         (Ord. 23-14. Passed 8-17-23.)
922.16 CONFIDENTIAL INFORMATION.
       (a)   Information and data furnished to the Authority with respect to the nature and frequency of discharge shall be available to the public or to a governmental agency without restriction, unless the discharger specifically requests and is able to demonstrate to the satisfaction of the Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
      
   (b)   When a discharger furnishing a report requests, the portions of a report which may disclose trade secrets or 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 and/or the pretreatment programs. Information which is requested by the industries to be classified "confidential" should be submitted to the City separate from routine information. The City will keep classified information in a separate file. However, such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the discharger.
(Ord. 23-14. Passed 8-17-23.)
922.17 EMERGENCY SUSPENSION OF SERVICE AND PERMITS.
     (a)    The Authority may, for good cause shown, suspend the wastewater treatment service and the wastewater discharge permit of a discharger when it appears to the Authority that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons or to the environment or threatens to interfere with the operation of the POTW or to violate any pretreatment limits imposed by this chapter or any wastewater discharge permit issued pursuant to this chapter. Any discharger notified of the suspension of the Authority's wastewater treatment service and/or the discharger's wastewater discharge permit shall, within a reasonable period of time, as determined by the Authority, cease all discharges. If the discharger fails to comply voluntarily with the suspension order within the specified time, the Authority shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The Authority shall reinstate the wastewater discharge permit and/or the wastewater treatment service and terminate judicial proceedings pending proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth in this section.
      
   (b)    The remedies provided for in this chapter are not exclusive. The City of Eaton may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City may take other action against any User when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant User.
(Ord. 23-14. Passed 8-17-23.)
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