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(a) No person shall place, deposit or permit to be deposited, in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
(b) No person shall discharge to any natural outlet within the City or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(c) Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(d) The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety days after the date of official notice to do so, provided that such public sewer is within 100 feet (30.5 meters) of the property line.
(Ord. 2014-164. Passed 10-6-14.)
(a) Where a public sanitary sewer is not available under the provisions of Section 1044.02(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(b) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit therefor signed by the Director. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Director. A permit and inspection fee of one hundred dollars ($100.00) shall be paid to the City at the time the application is filed. If, during the progress of the work, it appears that the cost of such inspection will exceed the amount previously deposited, the Director shall notify the owner of this fact and shall do no further work in connection with such inspection until the owner has deposited such additional sum of money determined necessary by the Director to cover the cost of the work.
(c) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Director. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Director when the work is ready for final inspection and before any underground ground portions are covered. The inspection shall be made within seventy-two hours of the receipt of notice by the Director.
(d) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Ohio Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than two acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(e) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 1044.02(d), a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(f) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
(g) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Ohio Environmental Protection Agency.
(h) When a public sewer becomes available, the building sewer shall be connected to the sewer within sixty days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
(i) The original plans, together with complete, detailed notes and records, to be prepared by the sewer engineers, of the whole sanitary sewer system as constructed or as it may hereafter be extended, shall be kept on file in the office of the Director of Public Service. In addition, the Director shall keep a complete record in detail, in the proper books and blanks required and procured for this purpose, of all extensions made to the system, together with the date, location, purpose and all details of each house connection, together with a complete record of all applications made, permits issued, licenses granted and bonds filed.
(j) No person, other than a licensed water, sewer and storm drain contractor or installer, shall perform any construction or maintenance work of any kind on any portion of the City's water or sanitary sewer mains, valves, hydrants, corporation cocks, curb stops, service lines or any other appurtenance of the City's water, storm or sanitary sewer system or those portions of private extensions to the City's water system which are not inside a building.
No person shall be given a license to do any of the work until he or she has filed a bond with the City Engineer in the sum of ten thousand dollars ($10,000), to be approved by the Mayor and the Finance Director, conditioned that he or she will indemnify and save the City harmless from all loss and damage that may be caused by accident or by want of care, skill or attention on his or her part, or on the part of any person in his or her employ, in the prosecution, protection or completion of any such work, or that may be occasioned by reason of any opening made by him or her or them, or caused to be made in any street or other public place, or by any material placed or caused to be placed therein, and also conditioned that he or she will at all times conform to and comply with the ordinances which may be in force in the City in relation to openings and excavations in streets and public places and in relation to water mains and sanitary sewers and to the rules and regulations of the Director of Public Service regarding the same.
Upon the failure, at any time, of any person so licensed to comply in each and every particular with the provisions of this chapter or ordinances which may hereafter be placed in force in the City, the license may be suspended by the Director of Public Service, subject to final revocation by Council. All applications for licenses shall be made on blank forms furnished by the City, and all licensees shall be required to renew their licenses on an annual basis and to pay an annual fee of one hundred dollars ($100.00) per year, or fifty dollars ($50.00) if renewed prior to January 1. All money received from this source shall be placed in the hands of the Finance Director and credited one-third to the Sewer Revenue Fund; one-third to the Water Revenue Fund; and one-third to the Storm Water Revenue Fund for the maintenance of sanitary sewers, storm water and water systems.
(Ord. 2014-164. Passed 10-6-14.)
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director. No new permit will be issued when it has been determined by the Superintendent and/or the City Engineer that there does not exist sufficient capacity in the wastewater treatment system, including collecting, pumping, treating and disposing of wastes as may be discharged by the applicant of such new permit.
(b) There shall be two classes of building sewer permits:
(1) For residential and commercial service; and
(2) For service to establishments producing industrial wastes.
In either case, the owner or his or her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director. A permit and inspection fee of one hundred dollars ($100.00) for a residential or commercial building sewer permit and two hundred dollars ($200.00) for an industrial building sewer permit shall be paid to the City at the time the application is filed. If, during the progress of the work, it appears that the cost of such inspection will exceed the amount previously deposited, the Director shall notify the owner of this fact and shall do no further work in connection with such inspection until the owner has deposited such additional sum of money determined necessary by the Director to cover the cost of the work.
(c) All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(d) A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole will be considered as one building sewer.
(e) Old building sewers may be used in connection with new buildings only when they are found on examination and testing by the Director to meet all requirements of this chapter.
(f) The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing provisions of the Building Code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and W.P.C.F. Manual of Practice No. 9 shall apply.
(g) A building sewer shall be cast-iron soil pipe, ASTM specification A74-66 or equal; vitrified clay sewer pipe, ASTM specification C13-64T or equal; or other suitable material approved by the Public Service Director. Joints shall be tight and waterproof. No part of any building sewer shall be located within four feet of a water service line, and any part of a building sewer that is located within six feet of a water service line shall be constructed of cast-iron soil pipe with leaded joints or vitrified sewer pipe with approved rubber joints. Cast-iron pipe with leaded joints may be required by the Public Service Director where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, a building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if it is laid on a suitable concrete bed or cradle as approved by the Public Service Director.
(h) The size and slope of a building sewer shall be subject to the approval of the Public Service Director, but in no event shall the diameter be less than six inches, except that if connected to a five-inch Y-branch already installed on February 4, 1957, such building sewer may be not less than five inches. The slope of such six-inch pipe shall be not less than three- eighths of an inch per two feet.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the drain shall be lifted by approved artificial means and discharged to the building sewer.
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Public Service Director. Pipe laying and backfill shall be performed in accordance with ASTM specification S12-19, except that no backfill shall be placed until the work has been inspected. The ends of all pipes not to be immediately connected with house drainage systems shall be securely closed and made watertight with a stopper appropriate to the type of pipe used, as specified by the Public Service Director.
Cellar drains for taking care of the ordinary sewage water of cellars may be connected to the main connection, but only at a point beyond the end of the cast-iron house drainage pipe outside of the cellar walls by means of a suitable Y branch. The cellar connection shall be protected by an efficient and approved handhole trap and by an approved automatic back pressure valve between the trap and the connection to the Y branch, and such separate cellar connections shall have proper vent to the main air shaft. All such cellar connections shall be made under the direction of and to the entire satisfaction of the Public Service Director. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Public Service Director. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Public Service Director, to a storm sewer or natural outlet.
(i) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of cooling water, unpolluted industrial process waters, surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(j) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing provisions of the Building Code or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.
(k) The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director or his or her representative.
(l) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. (Ord. 2014-164. Passed 10-6-14.)
(m) For the purpose of equalizing, as nearly as is reasonably practicable, the cost to all sanitary sewerage system users where there has been no property assessment or equivalent owner contribution for the public sewer to which connection is sought, there is hereby levied as a tap-in fee upon each lot, parcel of land, building or premises for which a connection to the City sanitary system is sought, the sum of two thousand dollars ($2,000) for a single-family dwelling, effective June 7, 2018. The following schedule shall be applied for all multifamily, commercial and industrial units. (Ord. 2018-049. Passed 5-7-18.) )
EQUIVALENT BUILDING USAGE
BASED ON THE RECOMMENDATIONS OF THE
OHIO ENVIRONMENTAL PROTECTION AGENCY
BUILDING USAGE | NOTE | UNITS* | PER |
Apartments | |||
One-bedroom | 0.6250 | Apartment | |
Two-bedroom | 0.7500 | Apartment | |
Three-bedroom | 0.8750 | Apartment | |
Four-bedroom | 1.0000 | Apartment | |
Assembly halls | 0.0050 | Seat | |
Barber shop-beauty parlor | 1.0000 | Barber chair | |
Bowling alleys (no food service) | 0.1875 | Bowling lane | |
Churches (small) | 0.0075 | Sanctuary seat | |
(large, with kitchen) | A | 0.0175 | Sanctuary seat |
Condominiums | 1.0000 | Each | |
Country clubs | 0.1250 | Member | |
Dance halls | 0.0050 | Person | |
Drive-in theaters | 0.01250 | Car space | |
Factories | |||
No showers | 0.0625 | Employee | |
With showers | 0.0875 | Employee | |
Food service operations | |||
Ordinary restaurant (not 24 hrs) | B | 0.1750 | Seat |
24-hour restaurant | B | 0.2500 | Seat |
Banquet rooms | B | 0.1250 | Seat |
Restaurant-along freeway | B | 0.5000 | Seat |
Tavern-very little food service | B | 0.1750 | Seat |
Curb service-(drive-in) | B | 0.2500 | Car space |
Vending machine restaurant | C | 0.2500 | Seat |
Hospitals-no resident personnel | A | 0.7500 | Bed |
Institutions-resident | A | 0.2500 | Person |
Laundries-coin-operated | 1.0000 | Standard size machine | |
Laundry wastes require special consideration - consult District Sanitary Engineer | |||
Motels | 0.2500 | Room | |
Nursing and rest homes | A&C | 0.3750 | Patient |
0.2500 | Resident employee | ||
0.1250 | Nonresident employee | ||
Office building | 0.0500 | Employee | |
Schools | |||
Elementary | A | 0.0375 | Pupil |
Junior and senior high | A | 0.0500 | Pupil |
Service stations | D | ||
1 bay-grease interceptor required | 2.5000 | Service station | |
2 bay-grease interceptor required | 3.7500 | Service station | |
Domestic waste only | 2.0000 | Service station | |
Shopping center (no food service or laundries) | 0.0005 | Square foot or floor space | |
Swimming pools | |||
Average | 0.0125 | Swimmer (design load) | |
With hot water shower | 0.0175 | Swimmer (design load) | |
Trailer parks | |||
Single-wide trailers | 0.5000 | Single-wide trailer | |
Double-wide trailers | 1.0000 | Double-wide trailer | |
Travel trailer dump station (Holding tank to be pumped out and hauled away) ) | |||
Travel trailer parks and camps | 0.3125 | Trailer or tent space | |
Vacation cottages | 0.1250 | Person | |
Youth and recreation camps | 0.1250 | Person | |
NOTES:
A. Food Service waste included, but without garbage grinders.
B. Aeration tanks for these required 48-hour detention period.
C. If garbage grinder is used, capacity of plant shall be doubled. This applies only to that portion of plant capacity which is designed for food service operation.
D. Truck stop parking areas will require consideration for treatment of runoff.
* One unit equals the capacity requirements of a single family residence.
(n) Ownership and all maintenance of the "building sewer" (also referred to as "sewer lateral") are the responsibility of the property owner from the building to the Public Sanitary Sewer including the connection. (Ord. 2014-164. Passed 10-6-14.)
(a) Discharge of Unpolluted Water. No person shall discharge or cause to be discharged any unpolluted storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. Any existing roof drain connections to sanitary sewers shall be collected into an available storm sewer or shall be disconnected above ground in the manner approved by the Director. The owner of any building situated within the City is required at his or her expense to disconnect all existing roof drains from sanitary sewers in accordance with the provisions of this chapter within ninety days after the date of official notice to do so.
(b) Dilution of Discharges. No discharger shall ever increase the use of potable or process water in any way, nor mix separate waste streams or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or the standards set forth in these regulations.
(c) Substances Prohibited. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers or treatment works:
(1) Pollutants which create a fire or explosion hazard in the publicly owned treatment works (POTW), including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or sixty degrees Centigrade using the test method specified in 40 CFR 261.21.
(2) Any waters or wastes having a pH lower than 6.5 or greater than 10.5 SU or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
(3) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rafts, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(4) Any substance which may cause the City's treatment plant effluent, or treatment residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sanitary sewer cause the City to be in noncompliance with its NPDES permit, sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state standards applicable to the sludge management method being used.
(5) Any trucked or hauled pollutants, including industrial and septic wastes, into the wastewater treatment works at any time, except as specifically permitted by the Director as part of the Industrial Pretreatment Program or approved septage receiving facility program.
(d) Substances Limited. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers or the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger any life, limb or public property or constitute a nuisance. The Director may set limitations lower than the limitations established in the regulations below if, in his or her opinion, such more severe limitations are necessary to meet the above objectives. Deliberate dilution with unpolluted water to meet the concentrations established in the regulations below shall not be acceptable. In forming his or her opinion as to acceptability, the Director will give consideration to such facts as the quantity of subject waste in relation to flows and velocities in the sewers, construction materials of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations of restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Director are as follows:
(1) Wastewater having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment works exceeds forty degrees Centigrade (104 degrees Fahrenheit).
(2) Wastewater containing more than one hundred milligrams per liter (100mg/L) of total oil and grease including but not limited to, petroleum oil, nonbiodegradable cutting oils, products of mineral oil origin or floatable oils, fat, wax or grease, but in no case oil in amounts which will pass through or cause interference at the wastewater treatment works.
(3) Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when food is served by caterers.
(4) Any waters or wastes containing solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the wastewater treatment plant, including, but not limited to, cyanides, hexavalent chromium, copper, zinc, cadmium, nickel and phenols in the wastes as discharged to the public sewer. The following concentrations shall not be exceeded in industrial wastes discharged to the public sewers:
PARAMETER | DAILY MAXIMUM (mg/l) | MONTHLY AVERAGE (mg/l) |
Cadmium | 0.048 | 0.022 |
Total Chromium | 1.119 | 0.528 |
Hexavalent Chromium | 0.204 | ------- |
Copper | BMP | BMP |
Cyanide | 0.066 | 0.022 |
Lead | 0.757 | 0.11 |
Mercury | BMP | BMP |
Nickel | 0.597 | 0.363 |
Zinc | 0.638 | ----- |
pH | 10.5 S.U. | ----- |
BMP refers to the best management practice plans to minimize discharge of mercury and copper contaminated wastewater.
These maximum concentrations may be changed as necessary by the Director or State regulatory agencies based on new information concerning inhibitory substances or to protect treatment plant processes. Industrial dischargers covered by Federal pretreatment requirements shall meet those limitations specified under the effluent guidelines published under Sections 304(b) and 307 (b) of the Federal Act or the above concentrations, whichever is more stringent.
No industrial user (IU) shall discharge, or cause or allow to be discharged, into the public sewer, wastes which contain any of the regulated pollutants (metals, cyanide, etc.) unless the IU is issued a wastewater discharge permit by the City which allows the discharge of such pollutants. In the absence of such specific wastewater discharge permit conditions, no IU shall discharge any pollutants, except as such pollutants may occur, and only in the concentrations such pollutants may occur, in the water supplied to the premises.
(5) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Director or any local or State regulatory agencies.
(6) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits in compliance with applicable State or Federal regulations.
(7) Quantities of flow or concentrations, or both, which constitute a slug as defined herein.
(8) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(9) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
(10) Any substance with objectionable color which is not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(11) Any liquids, solids or gases which, either singly or by interaction, result in toxic or malodorous gases, vapors or fumes which cause a public nuisance, health and safety problems or danger to wastewater facilities workers.
(12) Any trucked or hauled pollutants, including industrial and septic wastes, into the wastewater treatment works at any time, except as specifically permitted by the Director as part of the Industrial Pretreatment Program or approved septage receiving facility program.
(e) Authority of Control of Wastewater Discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated in subsection (c) and/or (d) hereof, and which, in the judgment of the Director, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving water, including a violation of applicable water quality standards, or which otherwise create a hazard to life or constitute a public nuisance, the Director shall:
(1) Reject the wastes:
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes under the provisions of Section 1046.10.
All industrial wastes discharged to the public sewers by major contributing industries shall, as a minimum, meet the National Pretreatment Standards or the best practical control technology currently available for incompatible pollutants as published in 40 CFR, Part 128, unless the City is committed, in its NPDES permit, to remove a specified percentage of the incompatible pollutant. In those instances, the applicable pretreatment standards may be correspondingly reduced to levels determined by the Director, or his or her duly authorized representative, or state regulatory agencies.
If the Director requires pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and state regulatory agencies and to the requirements of all applicable codes, ordinances and laws.
The City reserves the right to amend these regulations to provide for more stringent limitations or requirements on discharges to the sanitary sewers where deemed necessary to comply with the objectives set forth in these regulations. However, industrial discharges must meet Federal Categorical Standards established in 40 CFR Chapter I, Subchapter N, and, where the limits contained in these Standards are expressed only in terms of mass of pollutant per unit of production, the Director may convert mass limits to concentration limits for the purposes of calculating limitations applicable to individual industrial users. The Director may convert the mass limits of the categorical Pretreatment Standards at 40 CFR parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions. When converting such limits to concentration limits, the City must use the concentrations listed in the applicable subparts of 40 CFR parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by subsection (b) hereof. The conversion shall be at the discretion of the Director.
(f) Grease, Oil and Sand Interceptors. For grease, oil and inorganic material, such as sand, grit, etc., interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in paragraph (d)(2) hereof, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director and shall be located so as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Director. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
(g) Operation of Pretreatment Facilities. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(Ord. 2014-164. Passed 10-6-14.)
(a) No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works.
(b) Users shall notify the Superintendent immediately upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken to minimize damage to the wastewater treatment system, treatment processes and the receiving waters. This notification shall be followed, within fifteen days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences.
Such notification will not relieve users of liability for any fines provided for in Section 1044.99, or for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on account thereof.
(c) In order that the employees of users be informed of City requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the City from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge.
(d) Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter.
(e) Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by these regulations. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. Each existing discharger shall complete its plans and submit the same to the City by January 1, 1985. No discharger who discharges to the City's sanitary sewers after the aforesaid date shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of these regulations.
Dischargers shall notify the City immediately upon the occurrence of a slugload or accidental discharge of substances prohibited by these regulations. The notification shall include the location of the discharge, the date and time thereof, the type of waste, the concentration and volume and corrective actions. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the City's treatment works in addition to the amount of any fines imposed on the City on account thereof under State or Federal law.
Signs shall be permanently posted in conspicuous places on the discharger's premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(f) In the event of an upset, the discharger shall notify the City. An upset constitutes an affirmative defense to an action brought for noncompliance with the discharger's permit. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventative maintenance or careless or improper operation. A discharger who wishes to establish the affirmative defense to an action brought for noncompliance with its permit limits shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(1) An upset occurred and the discharger can identify the specific cause of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures:
(3) The discharger has submitted the following information to the City within twenty-four hours of becoming aware of the upset (If this information is provided orally, a written submission must be provided within five days.):
A. A description of the indirect discharge and the cause of noncompliance;
B. The period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue;
C. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
The burden of proof in any enforcement proceeding shall be upon the discharger seeking to establish the occurrence of an upset. In any event, the discharger shall do whatever is necessary, including controlling production, to maintain compliance with its permit limitations upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement shall apply in the situation where, among other things, the primary source of power of the treatment facility is reduced or lost or fails.
(g) A discharger may allow any bypass to occur which does not cause its permit to be violated, but only if it is for essential maintenance to assure efficient operation and only with prior notification to the City. These bypasses are not subject to the provision of subsection(j) hereof.
(h) If a discharger knows in advance of the need for a bypass, it shall submit prior notice to the City, if possible at least ten days before the date of the bypass.
(i) A discharger shall submit oral notice of any unanticipated bypass that exceeds applicable permit limits to the City within twenty-four hours from the time the discharger becomes aware of the bypass. A written submission shall also be provided within five days of the time the discharger becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(j) Bypass is prohibited, and the City may take enforcement action against a discharger for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed, in the exercise of reasonable engineering judgment, to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The discharger submitted notices as required under subsection (i) hereof.
The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that the three conditions listed in this subsection are applicable.
(Ord. 2014-164. Passed 10-6-14.)
(a) A Hearing Board shall be appointed as needed for arbitration of differences between the Director and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the Director. The cost of the arbitration will be divided equally between the Municipality and the sewer user.
(b) One member of the Board shall be a registered professional engineer, one member shall be a practicing sanitary engineer, one member shall be a representative of industry or a manufacturing enterprise, one member shall be a lawyer and one member shall be selected at large for his or her interest in accomplishing the objectives of this chapter.
(Ord. 2014-164. Passed 10-6-14.)
(a) No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City and its sanitary sewer system without first obtaining a permit therefor from the City.
(b) All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the City's sanitary sewer system shall obtain a wastewater discharge permit before connecting to or discharging to the City's sanitary sewer system. All existing industrial dischargers connected to or discharging to the City's sanitary sewer system shall obtain a wastewater discharge permit within ninety days after the effective date of this section.
(c) Industrial dischargers shall complete and file with the City a permit application in the form prescribed by the City and accompanied by a fee of two hundred dollars ($200.00). Existing industrial dischargers shall apply for a wastewater discharge permit within thirty days after the effective date of this section, and proposed new dischargers shall apply at least ninety days prior to connecting to the City's sanitary sewer system. No discharge permit shall be issued unless and until the following conditions have been met:
(1) Disclosures of the name, address and location of the discharger;
(2) Disclosure of the Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in these regulations, as determined by bona-fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U. S. EPA and contained in 40 CFR, Part 136, as amended;
(4) Disclosure of the time and duration of discharges;
(5) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility.
(6) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(7) A description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or treatment works of the City.
(8) Disclosure of the nature and concentration of any pollutants or materials prohibited by these regulations in the discharge, together with a statement regarding whether or not compliance is being achieved with these regulations on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with these regulations.
(9) Where additional pretreatment and/or operation and maintenance activities will be required to comply with these regulations, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
A. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of these regulations, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with these regulations.
B. Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
C. Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with such increment of progress, the reason for delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
(10) Disclosure of each product produced by type, amount, process or processes and rate of production;
(11) Disclosure of the type and amount of raw materials utilized (average and maximum per day);
(12) All permit applications to new or modified permits shall be signed by a principal executive officer of the discharger, and a qualified engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the discharger;
(13) All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and an internal diameter of no less than thirty-six inches containing flow measuring, recording and sampling equipment as required by the City to assure compliance with these regulations.
The City will evaluate the complete application and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and reacceptance of the data furnished, the City shall issue a wastewater discharge permit subject to terms and conditions provided herein.
(d) The City reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the City with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of each discharger subject to such Standards shall be revised to require compliance with such Standard within the time frame prescribed by such Standard. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by subsection (c) hereof, the discharger shall apply for a wastewater discharge permit from the City and submit a baseline report as required by subsection (h) hereof within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the discharger with an existing wastewater discharge permit shall submit to the City, within the 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraphs (c)(8) and (9) and (h) hereof. The discharger shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change by publishing, in the largest daily newspaper published in the City, any proposed changes in these regulations. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information provided for in subsection (c) hereof. New sources shall also be required to include in this report information on the method of pretreatment that the source intends to use to meet applicable pretreatment standards. New sources shall give information requested in paragraphs (c)(3) through (5) hereof.
(e) Wastewater discharge permits shall specify no less than the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
(3) Limits on the average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Special conditions as the City may reasonably require under particular circumstances of a given discharge, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by these regulations.
(f) All wastewater discharge permits shall be issued for a period of up to five years, subject to amendment or revocation as provided in these regulations. Under extraordinary circumstances, a permit may be issued for a stated period or may be stated to expire on a specific date.
(g) Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger without the prior written approval of the City, or transferrable to any other location.
(h) Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in these regulations or following commencement of the introduction of wastewater into the City's sanitary sewers by a new discharger, any discharger subject to these regulations shall submit to the City a baseline report containing the following information:
(1) Name and address of the facility including names of the operator and owners;
(2) List of any environmental control permits held by or for the facility;
(3) Brief description of the nature, average rate of production, and SIC number of the operation carried out by such industrial users. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Information showing measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
A. Regulated process streams; and
B. Other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. 403.6
The City may allow for verifiable estimates of these flows, where justified by cost or feasibility considerations.
(5) Results of sampling and analysis identifying the nature and concentration (or mass where required by the standard) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a BMP or a pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard;
(6) A statement reviewed and signed by an authorized representative of the industrial user (as defined by Section 1044.01(a)(2) of this rule), certifying whether categorical pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance or additional pretreatment or both, is required by the industrial user to meet the categorical pretreatment standards and requirement.
(7) For dischargers subject to equivalent mass or concentration limits established by the City, this report shall contain a reasonable measure of the discharger's long term production rate. For all other dischargers subject to Categorical Pretreatment Standards, expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the discharger's actual production during the appropriate sampling period.
(i) All categorical and noncategorical industries shall submit periodic compliance reports (IU Self-Monitoring Reports) according to frequencies prescribed in the specific industry's wastewater discharge permit. The report shall indicate the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period provided for in subsection (h) hereof. Flows shall be reported on the basis of actual measurement, provided, however, that where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of such reports on months other than those specified above. For dischargers subject to equivalent mass or concentration limits established by the City, the report shall contain a reasonable measure of the discharger's long term production rate. For all other dischargers subject to Categorical Pretreatment Standards, expressed only in terms of allowable pollutant discharge per unit of production, the report shall include the discharger's actual average production rate for the reporting period.
(j) Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where required by the City for the period covered by the report. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of these regulations. In cases where the pretreatment standard requires compliance with a BMP or a pollution prevention alternative, the report shall contain documentation required by the City or the pretreatment standard necessary to determine the compliance status of the user.
(k) All sampling and analyses shall be performed in accordance with 40 CFR, Part 136, and amendments thereto. (Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.) Grab samples shall be used for pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples shall be representative of the discharge and the decision to allow alternative sampling shall be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate USEPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory.
Where 40 CFR, Part 136, does not include a sampling or analytical techniques for the pollutants in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the wastewater treatment plant or other parties, approved by the Administrator.
If a discharger subject to the reporting requirement in this section monitors any pollutant more frequently than is required by the City, the results of this monitoring shall be included in the report.
(l) Each discharger shall provide and operate, at the discharger's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. The City may require the discharger to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary. Each monitoring facility shall be situated on the discharger's premises, except that where such a location would be impractical or cause undue hardship on the discharger, the City may concur with the facility being constructed in the public street or sidewalk area, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.
All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of the permit by the discharger.
(m) The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of these regulations. The discharger shall allow the City or its representatives, upon presentation of credentials of identification, to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling or records examination. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance, monitoring and/or metering operations.
(n) Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to these regulations, the National Pollutant Discharge Elimination System (NPDES) permit, the State Disposal System permit and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial reviews or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the discharger.
(o) New sources shall install and have in operating condition and shall start-up all pollution control equipment required to meet applicable Categorical Pretreatment Standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable Categorical Pretreatment Standards.
(p) If sampling performed by a discharger indicates a violation, the user shall notify the City within twenty-four hours of becoming aware of the violation. The discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty days after becoming aware of the violation. Where the City has performed the sampling and analysis in lieu of the industrial user, the City shall perform repeat sampling within thirty days of the violation unless it has notified and required the user to perform repeat sampling and analysis.
(q) All industrial users shall notify the City thirty (30) days in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(r) Signatory Requirements. All reports required in this section shall include the certification statement as follows:
"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 or persons 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."
All reports shall be signed by an authorized representative of the industrial user. If the authorization under Section 1044.01(a)(2) is no longer accurate for whatever reason a new authorization satisfying the requirements of Section 1044.01(a)(2) shall be submitted to the City prior to or together with any reports to be signed by the authorized representative.
(s) At least once during the term of each SIU's permit or within one year of being identified as a SIU, the City shall evaluate the SIU or require the SIU to self evaluate its facility for the need of a plan, device or structure to control potential slug discharge as defined in Section 1044.01(a)(45). Each SIU shall notify the City immediately of any changes at its facility affecting the potential for a slug discharge. If the City or the SIU's self-evaluation determines a Slug Discharge Control Plan is needed, the plan shall contain, at a minimum, the following elements;
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City of any accidental or slug discharges, as required by Section 1044.06(b);
(4) Procedures to prevent adverse impact from accidental spills, including but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants and solvents, and/or measures and equipment for emergency response.
(Ord. 2014-164. Passed 10-6-14.)
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