(A) Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the rules and regulations adopted by the United States Environmental Protection Agency (U.S. EPA) (40 C.F.R. part 403), and Guidelines Establishing Test Procedures for Analysis of Pollutants (40 C.F.R. part 136), in addition to any more stringent requirements established by the town and any subsequent state or federal guidelines and rules and regulations.
(B) Plans, specifications and other pertinent information relating to pretreatment or control facilities shall be submitted for approval of the town and no construction of those facilities shall be commenced until approval in writing is granted. Where those facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his or her expense, and shall be subject to periodic inspection by the town to determine that the facilities are being operated in conformance with applicable federal, state and local laws and permits. The owner shall maintain operating records and shall submit to the town a monthly summary report of the character of the influent and effluent to show the performance of the treatment facilities and for comparison against town- monitoring records.
(C) Unpolluted water from air conditioners, cooling, condensing systems or swimming pools, shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the town. Where a storm sewer is not available, discharge may be to a natural outlet approved by the town and by the state. Where a storm sewer, combined sewer or natural outlet is not available, the unpolluted water may be discharge to a sanitary sewer pending written approval by the town.
(D) Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pre-treated for removal of pollutants and the resultant clear water shall be discharged in accordance with division (C) above.
(E) The town may require users of the treatment works, other than residential users to supply pertinent information on wastewater flows and characteristics. The measurements, tests, and analysis shall be made at the user’s expense. If made by the town, an appropriate charge may be assessed to the user at the option of the town.
(F) The strength of wastewaters shall be determined, for periodic establishment of charges provided for in the Rate Ordinance (§§ 53.15 through 53.23), from samples taken at the aforementioned structure at any period of time and of a duration and in a manner as the town may elect, or, at any place mutually agreed upon between the user and the town. Appropriate charges for sampling and analysis may be assessed to the user at the option of the town. The results of routine sampling and analysis by the user may also be used, for determination of charges after verification by the town.
(G) Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the town they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that the interceptors or traps will not be required for private living quarters or dwelling units. All interceptors or traps shall be of a type and capacity approved by the town and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of pervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, be gas-tight, water-tight and equipped with easily removable covers. Where installed, all grease, oil and sand interceptors or traps shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.
(H) Users of the treatment works shall immediately notify the town of any unusual flows or wastes that are discharged accidentally or otherwise to the sewer system.
(I) All provisions of this subchapter and limits set herein shall comply with any applicable state and/or federal requirements now, or projected to be in effect.
(J) No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(K) (1) The Superintendent, Inspector and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this subchapter. The Superintendent, or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(2) While performing the necessary work on private properties referred to in division (K)(1) above, the Superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions as required in § 53.39(E).
(3) The Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in accordance with the terms of the duly negotiated casement pertaining to the private property involved.
(L) The rules and regulations promulgated by the town, after approval by the Town Council shall, among other things, provide for an appeal procedure, whereby a user shall have the right to appeal a decision of the administrator of the sewage system to the Town Council, and that any decision concerning sewage system of the Town Council may be appealed to a court of competent jurisdiction under the appeal procedures provided for in the Indiana Administrative Adjudication Act, being I.C. 4-21.5-3.
(Ord. 040699SU, passed 4-6-1999)