(A) Regulatory actions; specific powers of Superintendent. If wastewaters containing any substance described in § 53.052 of this chapter are discharged or proposed to be discharged into the wastewater system of the town or to any wastewater system tributary thereto, the Superintendent or the Town Manager may take any action necessary to:
(1) Prohibit the discharge of such wastewater;
(2) Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this code;
(3) Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substance so that the discharge will not violate this code;
(4) Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by the town for handling and treating excess loads imposed on the wastewater treatment system; or
(5) Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of this code.
(B) Regulatory actions; general powers of Superintendent.
(1) Any actual or threatened discharge of wastewater containing substances limited or prohibited by this code into the wastewater treatment system of the town which, by the determination of the Superintendent, presents an imminent or substantial endangerment to the health or welfare of persons or to the environment or which causes interference with the normal operation of the wastewater treatment system, may be immediately halted or eliminated by the Superintendent or the Town Manager. The Superintendent may halt or eliminate such discharges by means of any procedure or measure authorized by this code for enforcement of discharge limitations and prohibitions, or by means of physical disconnection from the wastewater treatment system or other discontinuance of wastewater treatment service. Such discharges may be halted or eliminated without regard to the compliance of the discharge with other provisions of this code.
(2) If the town is fined by the state or federal governments for any violation of its CDPS permit or violation of water quality standards as the result of a spill, intentional sludge discharge of a toxic pollutant or discharge of wastewater containing substances limited or prohibited by this code into the wastewater treatment system of the town, then the fine, including all of the town’s legal, sampling and analytical testing cost and any other related costs shall be charged to the responsible user.
(C) Pretreatment facilities; submission of plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plan, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the Superintendent for review and approval. Such approval shall not exempt the discharge of such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Such approval shall not be constructed as or act as a guaranty or assurance that any discharge is or will be in compliance with any applicable code, ordinance, rule, regulations or order of any governmental 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 Superintendent.
(D) Pretreatment facilities; operations. If pretreatment or control of wastewater waste flow is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his or her own cost and expense, subject to the requirements of this code and all other applicable codes, ordinances, laws, rules and regulations.
(E) Admission to property.
(1) Whenever it shall be necessary for the purposes of this code, the Superintendent, upon the presentation of credentials, may enter upon any property or premises at reasonable times, including, at any time during the operating day of the use, for the purposes of:
(a) Copying any records required to be kept under the provisions of this code;
(b) Inspecting any monitoring equipment or method; and/or
(c) Sampling any discharge of wastewater into the wastewater treatment system.
(2) The occupant of such property or premises shall render all proper assistance in such activities.
(F) Protection from accidental discharge. Each industrial user shall provide adequate protection as approved by the Superintendent from accidental discharge of prohibited materials of other wastes regulated by this code. Facilities and procedures to prevent accidental discharge of prohibited materials shall be provide 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 to the Superintendent for review, and shall be approved by him or her before installation of the accidental discharge protection. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify this facility as necessary to meet the requirements of this code.
(G) Report required for accidental discharge.
(1) If a facility has an accidental sludge discharge, the owner or user of the facility responsible for such discharge shall immediately notify the Superintendent so that corrective action may be undertaken to protect the wastewater treatment system.
(2) In addition, a written report addressed to the Superintendent detailing the date, time and cause of the accidental discharge and corrective action taken to prevent future discharges, shall be filed by the responsible person within five days of the occurrence of the non-complying discharge.
(H) Failure to report accidental discharge. It shall be unlawful for any person to fail to report any accidental discharge which violates the prohibitions and limitations of this code, as provided in division (G) above.
(Prior Code, § 137.9) (Ord. 171, passed 7-7-1958; Ord. 339, passed - -; Ord. 480, passed 3-6-2003; Ord. 577, passed 11-6-2014) Penalty, see § 53.999