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(A) Informal notice. These actions include statements made to the industrial user during sampling and/or inspection visits, telephone calls to the appropriate company official, informal meetings, warnings, or reminder letters. These informal notices shall be used for minor violations.
(B) Formal notice.
(1) These actions include the following:
(a) Administrative order. Any person found to be violating any provision of this chapter, wastewater discharge permit or any order issued hereunder shall be served by the POTW District with a written notice stating the nature of the violation. The offender must permanently cease all violations.
(b) Show-cause hearing. The district may issue to any user who causes or contributes to violations of this subchapter, discharge permit or order issued hereunder an order to appear and show cause why more severe enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held by the district regarding the violation and the reasons why the action is to be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of the facility. Whether or not a duly notified industrial user or its representative appears, immediate enforcement action may be pursued.
(2) The district itself may conduct the hearing and take evidence or may designate a representative to:
(a) Issue in the name of the district notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, together with recommendations of the district for action thereon.
(3) After the district has reviewed the evidence, it may issue a note to the user responsible for the violation directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Further notices and directives as are necessary and appropriate may be issued.
(Ord. 01-07.28.16, passed 7-28-2016)
(A) (1) Each significant user shall provide protection from accidental and/or slug discharges of prohibited materials or other substances regulated by this chapter which adversely affects the POTW.
Facilities to prevent accidental and/or slug discharges of prohibited materials shall be provided and maintained at the significant user’s own cost and expense. Once every two years, the district will determine whether each industrial user needs to develop or update a plan to control slug discharges. If the district determines that a slug control plan or revision is necessary, the plan shall contain the following:
(a) Description of discharge practices;
(b) Description of stored chemicals;
(c) Procedures for notifying POTW; and
(d) Prevention procedures for spills.
(2) In the case of all possible or actual accidental and/or slug discharges, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(B) Written notice. Within five days following an accidental discharge, the user shall submit to the pretreatment coordinator a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this subchapter, the enforcement response plan or other applicable law.
(C) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 01-07.28.16, passed 7-28-2016)
All significant industrial users shall provide necessary wastewater treatment as required to comply with this chapter and achieve compliance with any applicable federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. The district may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any industrial user that cannot meet discharge limits required by this chapter. Any facilities required to pretreat wastewater to a level required by this chapter shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the pretreatment coordinator for review and shall be acceptable to the district before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent that complies with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the district prior to the user’s initiation of the changes.
(Ord. 01-07.28.16, passed 7-28-2016)
(A) All applications, reports or information submitted to the district shall be signed and certified in accordance with the following requirements. Written designation of the signatory official must be received by the district prior to acceptance of any application or other required document.
(1) All permit applications shall be signed:
(a) For a corporation: by a principal executive officer of at least the level of vice-president; or
(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
(2) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(a) The authorization is made in writing by a person described above; and
(b) The authorization specifies either an individual or a position having facility or activity, such as the position of plant manager, engineer or position of equivalent responsibility.
(B) Certification. Any person signing a document under this section shall make the following written certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(1) A facility determined to be a non-significant categorical industrial user by the district pursuant to § 52.31 of this subchapter must annually submit the following certification statement signed in accordance with the signatory requirements in this section. This certification must accompany any alternative report required by the District:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR [Part], I certify that, to the best of my knowledge and belief that during the period from [month/day], [year] to [month/day], [year].
(a) The facility described as [facility name] met the definition of a non-significant categorical industrial user as described in § 52.31 of this subchapter;
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.”
(2) Users that have an approved monitoring waiver must certify each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [Part], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant] in the wastewaters due to the activities at the facility since filing of the last periodic report.”
(Ord. 01-07.28.16, passed 7-28-2016)
RATES AND CHARGES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILL. The balance of account, after charges or credits applicable, indicated upon the statement provided a water consumer.
CONSUMER. Any person who buys, uses or obtains water from the waterworks of the district.
METER. A device used for measuring the quantity of water flowing through such device.
NEW CONSUMER. Any person who buys, uses or obtains water from the City of Hustonville for use at or in premises for such consumer who was not served at the effective date of the ordinance from which this subchapter was derived.
WATERWORKS. The Water Department of the City of Hustonville.
(Ord. 01-07.28.16, passed 7-28-2016)
There is hereby adopted, established, and ordained, and there shall be collected, a schedule of rates and charges for use of the services and facilities rendered by the municipal sanitary sewage collection treatment and disposal facilities of the district as follows:
(A) The monthly sewer service charge for residential and commercial consumers shall be as follows:
(1) The monthly rate for buildings of two units or less shall be $25 plus $6.50 per 1,000 gallons of water consumed.
(2) The monthly rate for buildings of more than two units, and are served by one water meter shall be $15 per unit plus $6.50 per 1,000 gallons of water consumed.
(B) The monthly sewer service charge for wholesale and industrial consumers shall be as follows, or by special agreement with the district in cases where all water used by the consumer is not returned to the sanitary sewer or where liquid sewage wastes are of unusual strength or composition, except that any such user which has a national pollutant discharge elimination system (NPDES) permit shall be required to pay the sewer surcharge only on that portion of water returned to the sewer system; such user must have a sewage meter or some approved means of measuring the amount returned to the system and the district shall have the right to inspect the meter at all reasonable times, and may require the user to compile and maintain records containing pertinent data and information, which records shall be subject to inspection by the district and provided to the district upon request.
(C) Any and all industrial customers may be subject to a cost recovery fee imposed by the City of Danville as required by Section 3 of the agreement between the Lincoln County Sanitation District and the City of Danville, signed February 25, 2012.
(Ord. 01-07.28.16, passed 7-28-2016)
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