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(a) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations specified by the Federal Pretreatment Regulations. Facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. Plans, specifications and other pertinent information relating to treatment or pretreatment facilities, flow equalization tanks, control and neutralization equipment or other facilities to be utilized in the treatment or control of waters or wastes, shall be submitted for the approval of the Safety-Service Director, and no construction of such facilities shall be commenced until such approval is obtained in writing. All pretreatment systems and equipment shall be operated and maintained in accordance with the manufacturer's design specifications unless prior approval is obtained, in writing, from both Ohio EPA and the City of Elyria Water Pollution Control Board. Any modifications to existing pretreatment facilities and equipment shall be approved, in writing, by both Ohio EPA and the City of Elyria Water Pollution Control Board prior to making such modifications.
(b) An approval by the Director does not, in any way, guarantee that these facilities will function in the manner described by a person or a company, nor shall it relieve a person or a company of the responsibility of revamping, enlarging or otherwise modifying such facilities to accomplish the intended purposes.
(c) Compliance by existing sources with Categorical Pretreatment Standards shall be within three years of the date a Standard is effective, unless a shorter compliance time is specified in the appropriate subpart of 40 CFR. Direct dischargers with NPDES permits modified or reissued to provide a variance pursuant to Section 301(i)(2) of the Act shall be required to meet compliance dates set in any applicable Categorical Pretreatment Standard. Existing sources which become industrial users subsequent to the promulgation of an applicable Categorical Pretreatment Standard shall be considered existing industrial user, except where such sources meet the definition of a new source provided in Section 932.01(24). New sources shall install and have in operating condition, and shall “start-up,” all pollution control equipment required to meet applicable Pretreatment Standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable Pretreatment Standards.
(Ord. 2002-46. Passed 3-4-02; Ord. 2018-81. Passed 5-21-18.)
(a) A Water Pollution Control Board shall be formed and shall consist of the Safety-Service Director, the City Engineer, the Wastewater Pollution Control Plant Superintendent, the Building Inspector and a representative of Lorain County Public Health, as designated by Lorain County Public Health. Any person in any of such five positions in an acting capacity shall serve as a Water Pollution Control Board member. The Board shall convene for a meeting at least once a month. The meeting shall be held on the first Wednesday of each month or on such other day of each month as determined by the Board. The Chairperson shall be the Director and he or she may call more meetings as the need requires.
(Ord. 2018-82. Passed 5-21-18.)
(b) The Board shall have the power to:
(1) Advise, consult and cooperate with other agencies of the State, the Federal Government and other states and agencies in furtherance of the purposes of this chapter;
(2) Encourage, participate in or conduct studies, investigations, research and demonstrations relating to water pollution and the causes, prevention, control and abatement thereof;
(3) Adopt, modify, repeal and promulgate rules and regulations governing the procedure of the Board with respect to hearings, filing of reports, issuance of permits and other matters relating to procedure;
(4) Issue, modify and repeal orders, subject to this chapter, after a public hearing, prohibiting or abating discharges of sewage, industrial waste or other waste into waters within the City limits;
(5) Require necessary permits, pretreatment facilities, metering, gauging and other essentials needed in the abatement of water pollution as required by this chapter;
(6) Issue, revoke, modify or deny permits for the discharge of sewage, industrial waste or other waste into waters within the City. The Board may specify, in permits for the discharge of sewage, industrial waste and other waste, the volume and strength of such sewage, industrial waste and other waste which may be discharged. Exceptions are those that are under direct permit to the State. Applications for permits shall be acted upon by the Board within sixty days after receipt.
(7) Institute or cause to be instituted in the Court of Common Pleas having jurisdiction, proceedings to compel compliance with this chapter or with orders of the Board; and
(8) Exercise all incidental powers necessary to carry out the purposes of this chapter in the abatement of water pollution within the City.
(Ord. 93-293. Passed 12-20-93.)
(a) Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or another governmental agency without restriction, unless the industrial user specifically requests otherwise and is able to demonstrate to the satisfaction of the Water Pollution Control Board 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 industrial user.
(b) When requested by an industrial user furnishing a report, 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, and shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the industrial user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(Ord. 93-293. Passed 12-20-93.)
(a) No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works.
(b) No person shall, without proper authorization from the Safety-Service Director or the Water Pollution Control Board, lift, remove or tamper with a manhole cover or lid or make any opening into a manhole for the purpose of draining rain, ground or waste water into the sewer manhole.
(c) No person shall, without authorization from the Director or the Board, put any material or substance into any sewer through a manhole cover.
(Ord. 93-293. Passed 12-20-93.)
Whenever the City Engineer, or his or her designee finds that any user has a building sewer which does or was intended to carry sewage, and the building sewer is not in compliance with the requirements of Section 932.02, or whenever the building sewer has not been maintained in a water- tight condition by the owner of the property served, or whenever the building has roof downspouts or other sources of clean water connected directly or indirectly to the building sewer, or whenever the building sewer is discharging sewage to a storm sewer, a notice of violation shall be mailed to the owner of the property by certified mail. Said notice of violation shall include a description of the tests done and the condition observed which shows what maintenance or correction work is required. The owner shall have thirty days from receipt of the notice of violation to make the repairs at such owner's expense, before judicial proceedings are instituted as provided in Section 932.99(c). Owners may request a time extension, and if the City Engineer, upon review, finds a just cause for such extension, he or she may grant one or more time extensions not to exceed ninety days in total, for completing the repair to the building sewer or otherwise correcting the problem, if the work required involves excavation work.
(Ord. 93-293. Passed 12-20-93.)
(a) No person shall, either as owner or agent, construct or install a septic tank, cesspool, aeration system, filter bed or outside toilet within the City, except with the consent of and under such rules and regulations as Lorain County Public Health determines. A permit shall be obtained from the Department prior to the installation of a new or existing system. Construction shall be by a contractor licensed by the County to install septic systems and shall be in full compliance with applicable State laws and regulations.
(b) Lorain County Public Health shall be responsible for overseeing the use of private sewage disposal systems within the City and may require, at its discretion, the owner to provide proof that septic tanks are emptied by a hauler licensed by the County at least every five years.
(c) Lorain County Public Health shall have authority to issue orders to abandon a private sewage disposal system and to connect to a public sanitary sewer within ninety days when a public sanitary sewer is made available.
(Ord. 2018-75. Passed 5-21-18.)
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