1045.04   CONTROLLED AND PROHIBITED WASTES.
   (a)   Regulatory Actions.
      (1)   If wastewaters containing any substances described in Section 1045.02 are discharged or proposed to be discharged into the sewer system of the Village or to any sewer system tributary thereto, the Superintendent or Village Legal Advisor may take action necessary to:
         A.   Prohibit the discharge of such wastewater.
         B.   Require a discharger to demonstrate that inplant modifications will control, reduce, or eliminate the discharge of much substances in conformity with this chapter. This may include control over the quantities and rates of discharge.
         C.   Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics of substances so that the discharge will not violate these rules and regulations.
         D.   Require the person making, causing, or allowing the discharge to pay any additional cost or expense incurred by the Village for handling and treating excess BOD5 concentration of greater than 200 mg/l and total suspended solids of greater than 240 mg/l.
         E.   Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this chapter.
      (2)   All industrial wastes discharge to the public sewers by SUIs shall as a minimum meet the national pretreatment standards or best practical control technology currently available for incompatible pollutants as published in the latest Federal Regulations, unless the Village is committed, in its NPDES permit to remove a specified percentage of the incompatible pollutants. In those instances, the applicable pretreatment standards may be correspondingly reduced to levels determined by the Engineer, Superintendent, or his duly authorized representative or State regulator agencies.
      (3)   Special conditions. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to possible payment therefore by the industrial concern for subsequent treatment. Any industrial concern may appear to the Village Council and determination made by the Engineer or Superintendent in the enforcement of this chapter.
      (4)   Any business having an IDP must meet compliance limits set forth by Ohio EPA. Other contaminants discharged by these indirect discharge permittees that have no limits are subject to meet the other concentration limits set forth by this Section 1045.02(b)(9).
      (5)   After passage of this chapter, each person whose business entails the discharge of industrial wastes to a public sewer shall prepare and file with the Village a written statement setting forth the nature of the operation contemplated or presently carried on, the amount and source of water required for use, the proposed point of discharge of said wastes into the wastewater collection systems of the Village, subject to possible payment therefore by the industrial concern for subsequent treatment, the estimated amount to be so discharged and a fair statement setting forth the expected bacterial, physical, chemical, and other known characteristics of said wastes. Within a reasonable time of receipt of such statement, it shall be the duty of the Village to make an order stating such minimum restrictions as in the judgment of the Engineer or Superintendent may be necessary to adequately guard against unlawful uses of the Village's wastewater system. Any business may appeal to the Village Council any determination made by the Engineer or Superintendent in the enforcement of this chapter.
   (b)   Submission of Plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment systems is required, plans, specifications, other pertinent data or information, including installation of facilities and equipment relating to such pretreatment or flow control facilities shall be subject to the review and approval of the Superintendent. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation, or order of any governmental authority. Any subsequent alternations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Superintendent.
   (c)   Oil and Grease Concerns.
      (1)   Grease and oil interceptors. For grease, oil and inorganic material such as sand, grit, etc., interceptors shall be provided when, in the opinion of the Engineer or Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in this chapter, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units.
      (2)   All restaurants are to have oil and grease interceptors unless exempt by Superintendent.
      (3)   All interceptors shall be of a type and capacity approved by the Engineer or Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
      (4)   In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured materials in a timely manner, and shall maintain records of the dates and means of disposal.
      (5)   Any removal and hauling of the collected materials not performed by the owner(s) personnel must be performed by currently licensed waste disposal firms; and manifest records must be completed and kept.
      (6)   Owner must show proof of emptying its "interceptors" to the Village when so requested.
      (7)   The Village has a right to dictate the frequency of cleaning/removing of contents to constitute disposing of materials in a timely manner.
   (d)   Pretreatment Facilities Operations.
      (1)   If pretreatment or control of waste flows is required, such facilities shall be continuously maintained in good working order and operated as effectively and efficiently as possible by the business at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws.
      (2)   All pretreatment activities shall comply with Federal Law 40 CFR 403, as well as Village and IDP compliance limits.
   (e)   Reporting Requirements.
      (1)   The Superintendent shall require appropriate reporting from non-residential discharges that are not subject to categorical pretreatment standards.
      (2)   The Superintendent shall require facilities to allow inspection, sampling, and flow measurements of each non-residential discharger to Village. Each facility shall be approved by Superintendent as to type and the location site of the facility.
   (f)   Inspection and Sampling.
      (1)   The Village may inspect any non-residential discharger to determine compliance with this chapter's requirements.
      (2)   The non-residential discharger shall allow Superintendent or his appointed representative to enter premises of discharger at all reasonable hours, for the purpose of inspection; sampling; or records examination, copying and review. Superintendent or representative shall present proper Village credentials for access. Superintendent may enter premises at any hour under emergency circumstances.
      (3)   The Village shall have the right to install on discharger's property such devices as are necessary to perform sampling, inspection, compliance monitoring and/or metering operations.
      (4)   Where a non-residential discharger has security measures in force which requires proper identification and clearance before entry onto its property, the discharger shall make necessary arrangements with its security guards so that, upon presentation of appropriate identification, Village personnel will be permitted to enter without delay, for the purpose of performing some aforementioned duties.
   (g)   Protection from Accidental Discharge.
      (1)   Each non-residential discharger shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter.
      (2)   Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense.
      (3)   Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review, and shall be approved by him before construction of the facility.
      (4)   Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify his facility as necessary to meet the requirements of this chapter.
   (h)   Reporting of Accidental Discharge.
      (1)   If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitations in this chapter, the facility responsible for such discharge shall immediately notify the Superintendent so that corrective action may be taken to protect the treatment system.
      (2)   In addition, a written report addressed to the Superintendent detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible industrial facility within five days of the occurrence of the noncomplying discharge.
(Ord. 13-032. Passed 11-5-13.)