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It shall be the responsibility of the owner or operator of the operation tested to provide, at his or her expense, reasonable and necessary openings or access to the source, equipment, process or control equipment, and safe and easy access thereto, to permit technically valid samples and measurements to be taken.
(Prior Code, § 102.36) (Ord. 7102, passed 12-19-1988)
If the samples taken or tests conducted as a result of procedures outlined in § 102.065 substantiate that a violation exists, the person or persons liable for the violation shall be responsible for paying all attendant costs for conducting said tests. If the tests do not substantiate that the violation exists, then the city shall be responsible for paying all attendant costs for conducting the tests. This latter condition shall not obviate the owner’s or operator’s responsibilities set forth in § 102.066. Provided, however, if the owner or operator elects to take his or her own samples or conduct his or her own discharge or emission tests as stipulated in §§ 102.065 and 102.066 the persons so electing shall pay for these tests irrespective of their outcome.
(Prior Code, § 102.37) (Ord. 7102, passed 12-19-1988)
Any person who in any manner hinders, obstructs, delays, resists, prevents or in any manner interferes or attempts to interfere with the Director, or his or her authorized representatives, or police officers, in the performance of any duty enjoined, or shall refuse to permit the Director or such representatives or officers to perform their duty by refusing them, or either of them, entrance at reasonable hours to any premises in which the provisions of this chapter are being violated or are suspected of being violated, or refuse to permit the inspection or examination of the premises for the purpose of the enforcement of this chapter, shall be subject to the fines hereinafter provided.
(Prior Code, § 102.38) (Ord. 7102, passed 12-19-1988) Penalty, see § 102.999
FEES
(A) A charge of $200 per permit shall be assessed for the Department’s issuance thereof for each fuel burning unit, combustion unit, incineration unit, process unit, air pollution control unit, storage tank for petroleum products or volatile products per unit or tank or other such equipment, except as provided below.
(B) (1) However, any industrial furnace or industrial blower that burns hazardous waste as that term may be defined by Title 40 C.F.R. part 261 or incorporated in 329 I.A.C. § 3.1-6, shall be required to pay an annual operation permit fee of $46,718 for calendar year 1994, to cover the cost of monitoring (35 hours per week) the operation of the facility containing the industrial furnace or boiler, and any additional duties related to the facility under the jurisdiction of the city’s Department of Environmental Management.
(2) The operation permit fee, in subsequent calendar years during which calendar year the industrial furnace or boiler is engaged in burning of hazardous waste, as that term may be defined by Title 40 C.F.R. part 261 or 329 I.A.C. § 3.1-6 shall be determined by those costs itemized as part of the city’s Department of Environmental Management budget, which shall be submitted by the city’s Department of Environmental Management by the Mayor and approved by the City Council for each calendar budget period. The operation permit fee shall cover the cost of an engineer’s salary, fringe benefits, and other specific costs related to the monitoring of the industrial furnace or boiler that burns hazardous waste under this chapter, including but not limited to appropriate equipment and baseline medical examinations. However, in no case shall any proposed or budgeted increase in the subsequent operation permit fee be more than the annual percentage increase awarded to other comparable employees of the city. Should a facility begin operations pursuant to a permit issued after January 1 of the calendar year, the annual operation permit fee shall be pro- rated from the date of issuance of the permit.
(C) (1) Any engineer hired pursuant to the provisions of division (B) shall be a person with a 4-year degree in engineering or life sciences and shall sign the following restrictive covenant agreement for the benefit of both the city’s Department of Environmental Management and any permit holder so as to protect the confidential information, trade secrets and marketing data of the permit holder: “In consideration of the confidential information and trade secrets and marketing the information and knowledge that I will obtain as an employee of the Hammond Department of Environmental Management regarding the business affairs, trade secrets and marketing activities of any Permit Holder, I do hereby agree to maintain same in strict confidence and I shall not enter into any employment or with any business which is competitive to any Permit Holder to which I am assigned and I will not seek or accept employment with any business, whether a proprietorship, partnership or corporation, operating as an industrial furnace or industrial boiler that burns hazardous waste as a fuel or for purposes of destruction and this Restrictive Covenant shall apply for a period of three (3) years from the date of termination of my employment with the Hammond Department of Environmental Management and shall geographically include any business or employment based or located within a Five Hundred (500) mile radius of the boundary of the City of Hammond, Indiana or any city or county in the United States in which the Permit Holder shall have a plant or business operation involving an industrial furnace or industrial boiler that burns hazardous waste. This Restrictive Covenant is executed as part of my employment agreement with the Hammond Department of Environmental Management and shall be enforceable by the Hammond Department of Environmental Management or any Permit Holder to whom I am assigned and shall remain a condition of my employment and an obligation and covenant not to work for, own or operate a competing business and as heretofore set forth and defined after termination of my employment with the Hammond Department of Environmental Management.”
(D) Any permit holder subject to the provisions of division (B) above shall be furnished with copies of all time records and inspection reports prepared by the monitoring engineer and shall receive in advance any reports submitted to the Indiana Department of Environmental Management - Office of Air Management or any other governmental agency. In addition, at the request of an authorized representative of the permit holder, the monitoring engineer shall review any preliminary observations of deficiencies, as well as any preliminary opinions and conclusions made during the inspection, prior to leaving the facility.
(E) The monitoring activities of the city’s Department of Environmental Management engineer may be conducted on the premises of the industrial furnace or boiler subject to this chapter, but such monitoring on the premises of the facility shall be:
(1) Performed only following a 2 business hours verbal notice to the company and during normal city’s Department of Environmental Management business hours unless the monitoring engineer is conducting an inspection as a result of a complaint, malfunction, spill or violation investigation.
(2) Done at all times in company with an authorized representative of the owner or operator, which the owner or operator is obligated to provide.
(3) Performed only after the owner or operator has received and approved verification that the engineer has received and all necessary training required under Title 29 C.F.R. § 1910.120 and Title 29 C.F.R. § 1910.1200 and medical reviews and personal protective equipment, as required by appropriate federal or state regulations or facility policies for individuals who may be physically present for up to 35 hours per week in areas where hazardous wastes are being received or handled.
(4) In compliance with all facility policies and procedures, which do not conflict with governing state law, relating to security, site access and any other established policies, procedures and rules established for the safety and convenience of facility employees and for visitors, which do not conflict with governing state law. However, the company will not adopt and/or alter its policies and procedures to preclude the inspector from carrying out the intent this section.
(F) In addition to the annual operation permit fee identified above, the owner or operator of the industrial furnace or boiler shall within 3 months from the issuance of the initial permit pursuant to this section, fund the purchase of, or donate, a van and air monitoring equipment to the city, the specifications for which shall be established by the city’s Department of Environmental Management, to be utilized by the city’s Department of Environmental Management for the purpose of performing periodic monitoring of the ambient air in the city. The total cost of the van and air monitoring equipment.
(Prior Code, § 102.45) (Ord. 7442, passed 12-9-1991; Am. Ord. 7675, passed 4-25-1994) Penalty, see § 102.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OFF-SITE SOLID WASTE. Any liquid, solid, or sludge, not generated on the grounds of a facility, which is treated and subsequently discharged to a POTW or transported to another facility or to a landfill, including the following:
(a) Greases as defined by 327 I.A.C. § 7.1-2-16;
(b) Used oils;
(c) Industrial wastewaters and sludges;
(d) Non-hazardous industrial and commercial wastes; and
(e) Contaminated soil.
PERSON. An individual, a partnership, a copartnership, a firm, a company, a corporation, an
association, an unincorporated association, a business enterprise, a joint stock company, a limited liability company, a trust, an estate, a contractor, or any other legal entity, or their legal representative, agent, or assigns.
STORAGE. The accumulation of off-site solid waste prior to or after treatment or accumulated for transport off-site.
TREATMENT. Any of the following activities: solidification, filtration, separation, precipitation, pH adjustment, de-watering, thermal treatment, and chemical treatment. TREATMENT shall not include recycling or reclamation of materials from waste products other than the treatment of used oil. TREATMENT shall not include the processing of sewage by a publicly-owned treatment works (POTW).
(B) (1) Any person, excluding municipal corporations, involved in the treatment of off-site solid waste or permitted by the Indiana Department of Environmental Management to store or treat grease, fats, or retained wastes from traps or interceptors under the authority of 327 I.A.C. § 7.1, shall be required to pay an annual environmental monitoring fee of $75,000 for calendar year 2006 for salary and fringe benefits, training (required under Title 29 C.F.R. § 1910.120), safety equipment, medical baseline physical, and mileage for a degreed engineer to monitor the facility, plant or company, for compliance with this code, and perform any other duties under the jurisdiction of the Hammond Department of Environmental Management.
(2) The annual environmental monitoring fee, in subsequent calendar years shall be determined by those personnel and fringe benefit, training, safety equipment, and medical baseline physical costs itemized as part of the Hammond Department of Environmental Management budget, which shall be submitted by the Hammond Department of Environmental Management to the Mayor and approved by the City Council for each subsequent calendar budget period. In no case shall any proposed or budgeted salary or fringe benefit increase in any subsequent annual local operation permit fee be greater than the annual percentage increase awarded to other comparable employees in the Hammond Department of Environmental Management.
(3) The activities of the monitoring engineer may be conducted on the premises of the industrial facility, plant or equipment which are subject to this section, but such monitoring shall be:
(a) Performed with or without a representative of the owner or operator of the industrial facility, plant or equipment.
(b) Performed only after the owner or operator has received verification that the monitoring engineer has received the training required under Title 29 C.F.R. § 1910.120, a baseline medical physical, and personal protective equipment necessary to perform his or her duties.
(c) In compliance with all reasonable facility policies and procedures, which do not conflict with governing Indiana law or federal law, relating to site security and safety. The person subject to this section shall not adopt and/or alter its policies and procedures to preclude the inspector from carrying out the intent of this section.
(4) The annual monitoring fee established by this section shall be effective on January 1, 2006 or after its passage and approval by the Council, signing by the President thereof, approval by the Mayor and publication as required by law. If this section becomes effective after January 1, 2006, then the salary and fringe benefit portion of the fee shall be prorated accordingly. The training, safety equipment, medical baseline physical and mileage portion of the fee shall not be prorated.
(Prior Code, § 102.46) (Ord. 8217, passed 11-15-1999; Am. Ord. 8794, passed 10-2-2006) Penalty, see § 102.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CENTRALIZED WASTE TREATMENT (CWT) FACILITY. Any facility that treats (for disposal, recycling or recovery of material) any hazardous or non-hazardous industrial wastes, hazardous or non-hazardous industrial wastewater, and/or used material received from off-site. CWT FACILITY includes both a facility that treats waste received exclusively from off-site and a facility that treats wastes generated on-site as well as waste received from off-site. For example, an organic chemical manufacturing plant may, in certain circumstances, be a CWT facility if it treats industrial wastes received from offsite as well as industrial waste generated at the organic chemical manufacturing plant. CWT FACILITIES may also include re-refiners and may be owned by the federal government. 40 C.F.R. § 437.2(c).
CENTRALIZED WASTE TREATMENT WASTEWATER. Any wastewater generated as a result of CWT activities. CWT WASTEWATER sources may include, but are not limited to: liquid waste receipts, solubilization water, used oil emulsion-breaking wastewater, tanker truck/drum/roll-off box washes, equipment washes, air pollution control scrubber blow-down, laboratory-derived wastewater, on-site landfill wastewaters, and contaminated storm water. 40 C.F.R. § 437.2(d).
DOMESTIC SEPTAGE.
(a) Human excreta, water, scum, sludge, and sewage from sewage disposal systems, or retained contents of wastewater holding tanks.
(b) Wastes carried in liquid from ordinary living processes.
(c) Incidental or accidental seepage from sewage disposal systems.
The term does not include contents rrom chemical toilets, or Type m marine sanitation devices. (327 IAC 7.1-2-11).
GREASE. Grease, fats, and retained wastes from grease traps or interceptors.
METAL-BEARING WASTES. Wastes and/or used materials from manufacturing or processing facilities or other commercial operations that contain significant quantities of metal pollutants, but not significant quantities of oil and grease (generally less than 100 mg/L). Examples of these wastes are spent electroplating baths and sludges, metal-finishing rinse water and sludges, chromate wastes, blow-down water and sludges from air pollution control, spent anodizing solutions, incineration air pollution control wastewaters, waste liquid mercury, cyanide containing wastes greater than 136 mg/L, and waste acids and bases with or without metals. 40 C.F.R. § 437.2(1).
MULTIPLE WASTESTREAM CWTFACILITY. A CWT facility which accepts waste in more than one CWT subcategory (metals, oils, or organics) and combines any portion of these different subcategory wastes at any point prior to the compliance discharge sampling location. 40 C.F.R. § 437.2(m).
OILY WASTES. Wastes and/or used materials that contain oil and grease (generally at or in excess of 100 mg/L) from manufacturing or processing facilities or other commercial operations. Examples of these wastes are used oils, oil-water emulsions or mixtures, lubricants, coolants,
contaminated groundwater clean-up from petroleum sources, used petroleum products, oil spill clean-up, bilge water, rinse/wash waters from petroleum sources, interceptor wastes, off-specification fuels, underground storage tank remediation waste, and tank clean out from petroleum or oily sources. 40 C.F.R. § 437.2(p).
ORGANIC WASTES. Wastes and/or used materials that contain organic pollutants, but not a significant quantity of oil and grease (generally less than 100 mg/L) from manufacturing or processing facilities or other commercial operations. Examples of these wastes are landfill leachate, contaminated groundwater clean-up from non-petroleum sources, solvent-bearing wastes, off-specification organic product, still bottoms, byproduct glycols, wastewater from paint washes, wastewater from adhesives and/or epoxies, wastewater from chemical product operations, and tank clean-out from organic, non-petroleum sources. 40 C.F.R. § 437.2(f).
SEWAGE DISPOSAL SYSTEM. Septic tanks, wastewater holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary units, and other equipment, facilities, or devices used to:
(a) Store;
(b) Treat;
(c) Make inoffensive: or
(d) Dispose of;
human excrement or liquid carrying wastes of a domestic nature. (327 IAC 7.1-2-36).
TREATMENT. Any method, technique, or process designed to change the physical, chemical or biological character or composition of any metal-bearing, oily, or organic wastes to neutralize such wastes; to render such wastes amenable to discharge; or to recover energy or recover metal, oil, or organic content from the wastes. Treatment does not include (a) the re-use of treated or untreated wastewater in place of potable or pure water in industrial processes such as the use of secondary POTW effluents as non-contact cooling water or storm water in place of process water or (b) the re-use of treated or untreated spent chemicals (such as pickle liquor) as treatment chemicals. 40 C.F.R. § 437.2(cc).
WASTEWATER.
(a) Human excreta, water, sludge, and sewage from the sewage disposal systems, retained contents of wastewater holding tanks, or portable sanitary units.
(b) Grease, fats, and retained wastes from grease traps or interceptors.
(c) Wastes carried in liquid from ordinary living processes.
(d) Incidental or accidental seepage from sewage disposal systems.
Grease, domestic septage, and a mixed load are all forms of WASTEWATER. (327 IAC 7.1-2-41).
(B) Permit fee.
(1) Any person, excluding municipal corporations, involved in the operation of a centralized waste treatment facility pursuant to 327 IAC 5-18-10, which incorporates 40 C.F.R. 437, or permitted by the Indiana Department of Environmental Management to store or treat wastewater from sewage disposal systems under the authority of 327 IAC 7.1, shall be required to pay an annual Hammond Environmental Monitoring Fee of $121,024 for calendar year 2016 for salary and fringe benefits, training (required under 29 C.F.R. § 1910.120), safety equipment, medical baseline physical, and mileage for a degreed engineer to monitor said facility, plant or company, for compliance with City of Hammond ordinances, and perform any other duties under the jurisdiction of the Hammond Department of Environmental Management.
(2) The annual environmental monitoring fee, in subsequent calendar years shall be determined by those personnel and fringe benefit, training, safety equipment, and medical baseline physical costs itemized as part of the Hammond Department of Environmental Management budget, which shall be submitted by the Hammond Department of Environmental Management to the Mayor and approved by the Hammond City Council for each subsequent budget period. In no case shall any proposed or budget salary or fringe benefit increase in any subsequent Annual Local Operation Permit Fee. be greater than the annual percentage increase awarded to other comparable employees in the Hammond Department of Environmental Management.
(3) The activities of the monitoring engineer may be conducted on the premises of the industrial facility, plant or equipment, which are subject to this section, but such monitoring shall be:
(a) Performed with or without a representative of the owner or operator of the industrial facility, plant or equipment.
(b) Performed only after the owner or operator has received verification that the monitoring engineer has received the training required under 29 C.F.R. § 1910.120, a baseline medical physical, and personal protective equipment necessary to perform his/her duties.
(c) In compliance with all reasonable facility policies and procedures, which do not conflict with governing Indiana law or federal law, relating to site security and safety. The person subject to the ordinance shall not adopt and/or alter its policies and procedures to preclude the inspector from carrying out the intent of this section.
(4) The annual monitoring fee established by this section shall be effective on January 1, 2016 or after its passage and approval by the Council, signing by the President thereof, approval by the Mayor and publication as required by law. If this section becomes effective after January 1, 2016 then the salary and fringe benefit portion of the fee shall be prorated accordingly. The training, safety equipment, medical baseline physical and mileage portion of the fee shall not be prorated.
(5) If any part or parts, section or subsection, sentence, clause, or phrase of this section, as now or later amended, for any reason is declared unconstitutional or invalid, the decision shall not affect the validity of the remaining portions of this section.
(Ord. 9347, passed 6-27-2016)
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