(a) Preamble. These regulations are promulgated pursuant to the authority found in Section 929.09 of the Millersburg Codified Ordinances, which authorizes the Administrator to make and enforce regulations as may be necessary or proper regarding the operation of the Millersburg Wastewater Treatment Plant. Upon approval by Council these regulations shall have the same force and effect as a Millersburg Ordinance and shall be punishable as provided in Section 929.99.
(b) Definitions.
(3) "Commercial/Industrial waste" shall have the same meaning as "industrial waste" found in Section 929.01(q).
(7) "Plant" shall mean the Millersburg Wastewater Treatment Plant.
(8) "Facility" shall mean the part of the plant where domestic waste, septage and commercial/industrial waste is accepted hereinafter sometimes referred to as the Septage Receiving Facility.
(9) "Waste" shall mean domestic waste, septage or commercial/industrial waste.
(10) "Person" means any person, organization, corporation for profit or not for profit, partnership, joint venture, unincorporated association, estate, trust or other commercial entity.
(11) "User" means any person who enters the facility to discharge waste, or who discharges or causes the discharge of waste into the facility or plant.
(12) "Sewer Use Ordinance" means Chapter 929 of the Village Ordinances as amended from time to time.
(c) General Requirements for Use Registration and Use.
(1) All users of the facility are required to submit, on an annual basis, a registration for septage handlers / pumpers (or similar document) issued by the Holmes County Health Department or other appropriate health department (i.e. Wayne County, Stark County, Coshocton County, Tuscarawas County, Ashland County). Failure to produce the required registration by July 30th each year will result in immediate termination of disposal service at the facility.
(2) Entrance into the facility will be by use of a card system. The Village of Millersburg may enter into a service agreement with a third party firm for the card administration. The Village may conduct or cause to be conducted a criminal background check of all truck persons/drivers. Also each driver may be photographed and fingerprinted. The Village may issue a federal identification card. This card will then be used to open the security gate at the facility. No card will be issued to any person for whom there is an active warrant, or has been convicted of a felony or any crime of dishonesty or false statement, including but not limited to theft, receiving stolen property, and falsification.
(3) Each user vehicle shall have the proper fittings to be compatible with the influent line for the facility.
(4) Each user shall maintain the facility in a clean and orderly manner during and after use.
(5) Each user must properly complete a waste manifest form and deposit it at the designated receptacle at the facility. Upon termination of a driver's employment with the company, it is the employer's responsibility to retrieve the access card from the driver and return it to the Village. The Village shall be notified the day of the termination, regardless of whether or not the employer is able to retrieve the card. The Village will not charge the user for the initial card issued. However if for some reason it becomes necessary to issue another card, the Village will charge a card fee of one hundred dollars ($100.00) for each replacement card issued. Each driver shall have his/her own card. It is not permissible to share cards between drivers unless a specific exemption is granted by the Village in writing.
(7) All persons are charged with liability under these regulations for the acts and omissions of any person acting as their agent, assign, employee or subcontractor whether or not that agent, assign, employee or subcontractor is acting within the scope of their authority.
(d) Restrictions on Waste that will be Accepted by the Facility.
(1) Only domestic waste or septage will be accepted at the facility except as specified in subsection (e) hereof.
(3) The Village maintains the right to refuse waste at any time if, in the opinion of the Village, the waste will cause an upset or interference with the plant operations, will cause a violation of the plant's discharge permit, or is otherwise in violation of the rules and regulations of the facility or plant.
(4) Village personnel have the right to sample each load of waste.
(5) The Village shall control the acceptance of any waste that any person desires to discharge to the facility pursuant to the criteria found in Section 929.06 including but not limited to requiring payment by the user causing said discharge to cover the added cost of handling and treatment of the waste.
(6) Rates and lab fees will be charged to the user/person. All fees are listed in subsection (g) below.
(e) Special Procedure Regarding Commercial/Industrial Waste.
(1) All regulations in this document are applicable to commercial/industrial waste.
(2) Commercial/industrial waste will be accepted under limited circumstances as follows:
A. Only industrial or commercial waste preapproved by the Village will be accepted.
B. Only non-hazardous waste will be accepted.
C. All materials brought into the facility shall comply with all federal and state regulations for trucked waste.
(3) All commercial/industrial loads coming to the facility are required to pass a toxicity test prior to approval for discharge.
(4) Times for sampling and discharge must be arranged prior to bringing the load to the plant site. The sample taken at this time must pass the toxicity test in order to be accepted for discharge.
(5) The Village may require the user/person to submit all MSDS sheets for chemicals used at the commercial/industrial site of origin.
(f) Insurance Requirements. Each person using the facility shall provide a Certificate of Insurance for coverage as specified below naming the Village of Millersburg an additional insured. Such insurance shall contain a provision for fifteen (15) days notice to the Village before certification of coverage cancellation.
(1) Workmen's Compensation Insurance Proof of Insurance
(2) Commercial General Liability Insurance
A. General Aggregate Limit $1,000,000.00
B. Products - Completed Operations
Aggregate Limit $1,000,000.00
C. Each Occurrence Limit $1,000,000.00
(3) Comprehensive Automobile Liability Insurance
Bodily Injury and Property Damage Liability Limit
Aggregate Limit $1,000,000.00
Each Occurrence Limit $ 1,000,000.00
(4) User agrees to keep and hold the Village of Millersburg harmless from and against all costs, damages, claims or expenses it may sustain in its operation as a waste hauler.
(g) Billing and Schedule of Fees for Discharge of Domestic Waste, Septage and Commercial/Industrial Waste.
(1) The person using the facility will be invoiced as a customer of the Village of Millersburg sewer system. The payment and billing procedures of Chapter 929 shall apply.
(2) Payments for invoices will be due upon receipt of the invoice. The charge to the person using the facility will be determined either according to the general categories listed below; however, at the discretion of the Village, the user may be charged according to the strength of the waste received per the Sewer Use Ordinance of the Village (Chapter 929). Any extra strength surcharge due will be added to the basic rate.
(3) All waste brought to the facility for disposal is subject to sample analysis as deemed necessary by the Village and will be charged as indicated in subsection (h) below.
(4) All charges may be increased upon Resolution of Council.
(h) Schedule of Fees for Discharge of Waste, and Sample Analysis Charges.
(1) Basic Rate for Grease, Sludge, Septage, and Portable Toilets.
Grease: | $.28/gallon |
Sludge: | $.13/gallon |
Septage: | $.12/gallon |
Portable Toilets: | $.14/gallon |
These rates shall automatically increase by $.01/gallon on January 1, 2023, and on January 1 of every year thereafter unless sooner modified by Council.
These rates shall be reviewed by Council every five years to begin on or about January 1, 2027.
(2) Sample Analysis Charges.
pH | $ Market Price |
COD | $ Market Price |
TSS | $ Market Price |
Metals (CD, CR, CU, Pb, NI, ZN) | $ Market Price |
Mercury | $ Market Price |
Ammonia | $ Market Price |
Nitrate/Nitrite | $ Market Price |
Toxicity | $ Market Price |
O&G | $ Market Price |
Organics | $ Market Price |
Other tests as necessary | $ Market Price |
Ord. 2021-108. Passed 9-27-21.)