1044.12 CONTROL AND PROHIBITED WASTES.
   (a)   Regulatory actions.
      (1)   If wastewater containing any substance described in Section 1044.10 of this chapter are discharged or proposed to be discharged into the sewer system of the Village or to any sewer system tributary thereto, the Administrator or Village Solicitor may take action necessary to:
         A.   Prohibit the discharge of such wastewater.
         B.   Require a discharge to demonstrate that in plant modifications will control, reduce, or eliminate the discharge of such substance in conformity with this chapter. This may include control over the quantities and rates of discharge.
         C.   Require pretreatment, including 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 loads imposed on the treatment system.
         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 waste discharges to the public sewers by major contributing industries 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 permits to remove a specific percentage of the incompatible pollutant. In those instances the applicable pretreatment standards may be correspondingly reduced to levels determined by the engineer, Administrator, or his duly authorized representative or state regulatory 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 characteristic may be accepted by the Village treatment, subject to possible payment therefore by the industrial concern for subsequent treatment. Any industrial concern may appeal to the Village Council and determination made by the engineer or Administrator in the enforcement of this chapter.
      (4)   After passage of Ordinance 2009-07, each person whose operation 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 discharged and a fair statement setting forth the expected bacterial, physical and chemical, and other know 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 to adequately guard against unlawful uses of the Village's wastewater system. Any industrial concern may appeal to the Village Council any determination made by the engineer or Administrator in the enforcement of this chapter.
   (b)   Submission of plans.
      (1)   Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system 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 Administrator. Such approval shall not exempt the discharge or such facilities from compliance with any applicable authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Administrator.
      (2)   Grease and oil interceptors. For grease and oil inorganic material such as sand, grit, etc., interceptors shall be provided when in the opinion of the engineer or the Administrator, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in this division (b) of this section, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the engineer or Administrator, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Administrator. Any removal and hauling of the collected material s not performed by the owner(s) personnel must be performed by currently licensed waste disposal firms.
   (c)   Pretreatment facilities operations. If pretreatment of control of waste flows requires, such facilities shall be continuously maintained in good working order and operated as effectively and efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws. All pretreatment activities shall comply with Federal Law 40 CFR 403.
   (d)   Admission to property. Whenever it shall be necessary for the purpose of these rules and regulations, the Administrator, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:
      (1)   Copying any records required to be kept under the provisions of this chapter;
      (2)   Inspecting any monitoring equipment or methods; and
      (3)   Sampling any discharge of wastewater to the treatment works. The Administrator may enter upon the property at any hour under emergency circumstances.
   (e)   Protection from accidental discharge. Each industrial user shall provide protection from accidental discharge of prohibited material or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this chapter.
   (f)   Reporting of accidental discharge. 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 Administrator so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Administrator 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. 2009-07. Passed 8-18-09.)