925.05 USE OF PUBLIC SEWERS CONTROLLED.
   (a)   General Provisions; Purpose and Policy. Subsections (a) through (w) hereof inclusive set forth uniform requirements for discharges into the Village Sewage Treatment Works and enable the Village to protect public health in conformity with all applicable State and Federal laws relating thereto. The objectives are:
      (1)    To prevent the introduction of pollutants into the Village Sewage Treatment Works which will interfere with the normal operation of the system or contaminate the resulting sludge;
      (2)    To prevent the introduction of pollutants into the Village Sewage Treatment Works which do not receive adequate treatment and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;
      (3)    To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
   (b)   Prohibited Discharge into Sanitary Sewers. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer, provided, however, that the foregoing provisions shall not apply to subsurface drainage from house foundation or footer drains.
   (c)   Storm Water and Unpolluted Drainage Discharge. Storm water and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet, provided, however, that the foregoing provisions shall not apply to subsurface drainage from house foundation or footer drains. Industrial cooling water or unpolluted process waters may be discharged into a storm sewer, or natural outlet.
   (d)   Connection of Roof Water Downspouts.
      (1)   No person, firm or corporation shall cause or permit a roof water downspout or any building or any other pipe or drain for rain water, storm water or surface water to be connected directly or indirectly into a sanitary sewer, or cause or permit any other physical condition whereby rain water, storm water or surface water is discharged directly or indirectly into any sanitary sewer.
      (2)   Any connection of a roof water downspout to any building or of any other pipe or drain for rain water, storm water or surface water, directly or indirectly into a sanitary sewer or the existence of any other physical condition whereby rain water, storm water or surface water is discharged directly or indirectly into any sanitary sewer, is hereby declared to be an illegal public nuisance. It shall be the duty of the Village Administrator to notify the owner of every building or premises where such nuisance exists to abate the same.
      (3)   When the public nuisance defined in subsection (d)(2) hereof exists on or about any building or premises no owner thereof, after receipt to notice to abate such public nuisance or after otherwise acquiring knowledge of its existence, shall permit or allow such nuisance to exist more than thirty days thereafter. It shall be the duty of every such owner to abate such nuisance within such thirty days by eliminating the connection or other physical condition causing such nuisance, and it shall be the further duty of such owner forthwith to cap and seal the hole or opening thereby caused or remaining in the sanitary sewer or pipe or drain leading therein so that fumes cannot be emitted therefrom and so that refuse and debris cannot enter into the sanitary sewer.
      (4)   From and after the effective date of this subsection (d) hereof no person, firm or corporation shall, in constructing a new building, cause or permit footer drains or foundation drains to be connected directly or indirectly into a sanitary sewer.
   (e)   General Discharge Prohibitions.
      (1)   Any waters or wastes which are discharged or are proposed to be discharged which contain compatible or incompatible pollutants other than sanitary sewage and which may have a deleterious effect upon the sewage treatment works, processes, equipment, or receiving waters, including violation of applicable water quality standards, or which otherwise create a hazard to life or constitute a public nuisance, the Board or Public Affairs shall:
         A.   Reject the discharge of such wastes or,
         B.   Require pretreatment of quantities and rates of discharge to an acceptable condition for discharge to the public sewers and/or,
         C.   Require payment to cover the added cost of handling, treating and disposing of the wastes in accordance with Section 925.06 (e).
      (2)   Provided however, no person, firm or corporation shall contribute, discharge or cause to be discharged, directly or indirectly any of the following described substances into the Village's Sewage Treatment Works:
         A.   Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to persons or the operation of the Sewage Treatment Works.
         B.   Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interferences with the operation of the system.
         C.   Any wastewater having a pH less than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewage treatment works.
         D.   Any wastewater containing toxic pollutants in sufficient quantity, either sing1y or by interaction to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or to exceed the limitations set forth in Categorical Pretreatment Standards.
         E.   Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
         F.   Any substance which may cause the sewage 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 Sewage Treatment Works cause non-compliance with 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.
         G.   Any substance which will cause the sewage treatment plant to violate its NPDES and/or other Disposal System Permits.
         H.   Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
         I.   Any wastewater having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the Sewage Treatment Works which exceeds 40°C (104° F).
         J.   Any slug as defined in Section 925.01 (47).
         K.   Any wastewater containing any radioisotopes of such half life or concentration as exceed limits established by the Village in compliance with applicable State or Federal regulations.
         L.   Any wastewater which causes a hazard to human life or creates a public nuisance.
         M.   Any waters or wastes which may contain more than 50 ppm of fats, oils, emulsions or grease.
         N.   Any garbage that has not been properly shredded.
         O.   Any waters or wastes having a chlorine demand greater than 30 ppm.
   (f)   Limitations on Wastewater Strength.
      (1)    The National Categorical Pretreatment Standards as promulgated by the USEPA pursuant to the Act which are hereby adopted and incorporated herein by reference shall be met by all users of the Village's Sewage Treatment Works. (Copies of Standards shall be available at the office of the Mayor and at the sewage treatment plant). The only exception to this requirement is when the Village, upon application for removal credits, receives a modification to the Categorical Pretreatment Standards as provided for under the Act.
      (2)    State requirements and limitations on discharges to the Sewage Treatment Works shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or any other applicable ordinance.
      (3)    The Village reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the Sewage Treatment Works where deemed necessary to comply with the objectives set forth in subsection (a) hereof.
      (4)    No user shall increase the use of potable or process water in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter.
      (5)    No user shall discharge wastewater containing concentrations of the following enumerated materials, exceeding the following values:
Material
Concentration (mg/l)
arsenic
0.01
cadmium
0.01
copper
1.00
cyanide - total as CN    
0.01
lead
0.05
mercury
0.01
nickel
5.00
chromium (hexavalent)
0.05
chromium (Trivalent)
1.00
zinc
5.00
iron
15.00
phenols
0.01
      (6)    The Village may impose mass limitations on users which are using dilution to meet the Pretreatment Standards or Requirements of this chapter or in other cases where the imposition of mass limitations is deemed appropriate by the Village.
   (g)   Accidental Discharges. Each user shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited material shall be provided and maintained at the User's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be approved by the Village Administrator for review, and shall be approved by the Village Administrator before construction of the facility.
   Users shall notify the Superintendent immediately upon accidentally discharging wastes in violation of this chapter to enable counter-measures to be taken to minimize damage to the
sewage treatment works, treatment processes and the receiving waters. The notification shall include location of discharge; date and time thereof, type of waste, concentration and volume, and corrective action. This notification shall be followed, within 15 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 occurrence. Such notification will not relieve users of liability for any fines provided for in Section 925.99 , or for any expense, loss or damage to the sewage treatment works, or treatment process, or for any fines imposed on the Village on account thereof.
   In order that employees of users be informed of Village 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 Village 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 in violation of this chapter.
   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.
   (h)   Industrial Waste Discharge Permit and Pretreatment. No person shall discharge industrial waste, either directly or indirectly, into the Village sanitary sewer system without first obtaining approval of Council and a written permit from the Village Administrator, after the Village Administrator has ascertained that the discharge of waste in the particular instance is not in violation of this chapter and the discharge shall receive satisfactory pretreatment as may be required by the Village.
   (i)   Grease Trap Required. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Village Administrator 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 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 Board of Public Affairs, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas tight and water tight.
   (j)   Pretreatment Operation Cost. Where installed, preliminary treatment facilities, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
   (k)   Wastewater Discharge Permit Disclosure. All Industrial Users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the sewage treatment works shall complete and file with the Village, a permit application in the form prescribed by the Village. Existing Industrial Users shall file the necessary forms within 30 days after receiving an official request by the Village Administrator to do so, and proposed new Users shall file its forms at least 90 days prior to connecting to the sewage treatment works. No discharge permit shall be issued unless and until the User has submitted to the Village the following required information:
      (1)    Disclosure of name, address, and location of the User;
      (2)    Disclosure of 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 this chapter, as determined by bonafide 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 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 Village due to cost or nonfeasability.
      (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)    Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the Village.
      (8)    Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the User to comply with this chapter.
      (9)    Where additional pretreatment und/or operations and maintenance activities will be required to comply with this chapter, the User shall provide a declaration of the shortest schedule by which the User will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
         A.   The schedule shall contain dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to comply with the requirements of this chapter including, but not limited to dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components. commencing construction, completing construction, and all other acts to achieve compliance with this chapter.
         B.   Under no circumstances shall the Village permit a time increment for any single step directed toward compliance which exceeds 9 months.
         C.   Not later than 14 days following each completion date in the schedule and the final date for compliance, the User shall submit a progress report to the Village, including no less than a statement as to whether or not it complied with the increment of progress represented by that date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the approved schedule. In no event shall more than 9 months elapse between such progress reports to the Village. Failure to meet any of the time increments as approved by the Village shall be violation of this ordinance and subject the user to the provisions of Section 925.99 .
      (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 disclosure forms shall be signed by a principal executive of the User, and a qualified engineer licensed to practice in the State of Ohio.
   The Village will evaluate the complete application and data furnished by the user. Within 30 days and after full evaluation, the Village will notify the user of the Village's acceptance by issuing a Wastewater Discharge Permit subject to terms and conditions provided for herein or rejection thereof and the basis therefor.
 
   (l)   Permit Modifications.
      (1)    The Village reserves the right to amend any Wastewater Discharge Permit issued hereunder in order to assure compliance by the Village with applicable laws and regulations. Within 9 months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Discharge Permit of each User subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the Village as part of this chapter. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit as required by subsection (h) hereof, the User shall apply for a Wastewater Discharge Permit from the Village within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the User with an existing Wastewater Discharge Permit shall submit to the Village within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by subsections (k)(8) and (9) hereof. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
      (2)    Wastewater Discharge Permits shall specify no less than the following:
         A.   Fees and charges to be paid upon initial permit issuance;
         B.   Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
         C.   Limits on average and maximum rate and time of discharge and/or requirements for flow regulations and equalization;
         D.   Requirements for installation and maintenance of inspection and sampling facilities;
         E.   Special conditions as the Village 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;
         F.   Compliance schedules;
         G.   Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this chapter.
      (3)    All Wastewater Discharge Permits shall be issued for perpetual duration, subject to amendment or revocation as provided in this chapter. Under extraordinary circumstances, a permit may be issued for a stated period or may be stated to expire on a specific date.
      (4)    Wastewater Discharge Permits are issued to a specific User for a specific operation and are not assignable to another User without the prior written approval of the Village Administrator. or transferable to any other location.
   (m)   Reporting Requirements for Industrial Users.
      (1)   Periodic compliance reports.
         A.   Any User subject to a Pretreatment Standard set forth in this Ordinance shall submit to the Village within 90 days following the final compliance date of such Pretreatment Standard, or, in the case of a New User, within 90 days after commencement of the Discharge to the Village, and thereafter during the months of June and December, unless required more frequently by the Village, a report indicating 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. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Village may accept reports of average and maximum flows estimated by verifiable techniques. The Village, 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 said reports on months other than those specified above.
         B.   Reports of Users 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 Village. The frequency of monitoring by the User shal1 be as prescribed in the applicable Pretreatment Standard of this chapter. All 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 USEPA.
         C.   Reports shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional facilities and/or pretreatment is necessary to gain compliance with applicable Pretreatment Standards or Requirements.
   (n)   Monitoring Facilities. The Village shall require any industrial user, discharging industrial waste, to provide and operate at the User's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the Village. Each monitoring facility shall be situated on the User's premises, except where such a location would be impractical or cause undue hardship on the User, the Village may permit the facility to be constructed in the public street or sidewalk area providing 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 as may be required shall be maintained at all times in a safe and proper operating condition at the expense of the User. Construction shall be completed within 120 days of receipt of permit by the User.
   (o)   Inspection and Sampling. The Village may inspect the monitoring facilities of any User to determine compliance with the requirements of this chapter. The User shall allow the Village Administrator, the Sanitarian, the Engineer and other duly authorized employees of the Village bearing proper credentials and identification to enter upon the premises of the User at all reasonable hours, for the purposes of inspection, observation, measurement, sampling, or records examination. The Village shall have the right to set up on the User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, and to make copies of such records as deemed necessary.
   (p)   Confidential Information. Information and data furnished to the Village with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the Village 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 User. When requested by a User 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 this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, 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 review or enforcement involving the User furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Village as confidential, shall not be transmitted to any governmental agency or to the general public by the Village until and unless a ten-day notification is given to the User.
   (q)   Emergency Suspension of Service. The Village may for good cause shown suspend the wastewater treatment service to a User when it appears to the Village that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons or to the environment, interferes with the operation of the sewage treatment system, or violates any pretreatment limits imposed by this chapter. Any User notified of the suspension of the Village's wastewater treatment service shall within a reasonable period of time, as determined by the Village, cease all discharges. In the event of failure of the User to comply voluntarily with the suspension order within the specified time, the Village may commence Judicial proceedings to compel compliance with such order. The Village shall reinstate the wastewater treatment service and terminate Judicial proceedings upon proof by the User of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
   (r)   Revocation of Treatment Services. The Village may seek to terminate the wastewater treatment services to any User which fails to:
      (1)   Factually report the wastewater constituents and characteristics of its discharge;
      (2)   Report significant changes in wastewater constituents or characteristics;
      (3)   Permit reasonable access to the User's premises by a representative of the Village for the purpose of inspection or monitoring; or
      (4)   Violates the conditions of this chapter, or any final judicial order entered with respect thereto.
   (s)    Notification of Violation; Administrative Adjustment. Whenever the Village finds that any User has engaged in conduct which justifies termination of a wastewater treatment services, pursuant to subsection (r) hereof, the Village may serve or cause to be served upon such User, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
   Within 30 days of the date of receipt of the notice, the User shall respond personally or in writing to the Village, advising of its position with respect to the allegations. Thereafter the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
   (t)   Show Cause Hearing. Where the violation of subsection (s) hereof is not corrected by timely compliance by means of Administrative Adjustment, the Village may order any User which causes or allows conduct prohibited by subsection (p) hereof, to show cause before the Village or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the User either personally or by, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Village or its designee regarding the violation, the reasons why the enforcement action is to be taken the proposed enforcement action, and directing the User to show cause before the Village or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a User. The proceedings at the hearing shall be considered by the Village which shall then enter appropriate orders with respect to the alleged improper activities of the User. Appeal of such orders may be taken by the User in accordance with applicable local or state law.
   (u)   Judicial Proceedings. Following the entry of any order by the Village with respect to the conduct of a User contrary to the provisions of subsection (s) hereof, the Attorney for the Village may, following the authorization of such action by the Village, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
   (v)   Enforcement Actions; Annual Publication. A list of all significant Users which were the subject of enforcement proceedings pursuant to this chapter during the twelve (12) previous months, shall be annually published by the Village in the Marysville Journal-Tribune summarizing the enforcement actions taken against the Users during the same twelve (12) months whose violations remained uncorrected 45 or more days after notification of non-compliance; or which have exhibited a pattern of non-compliance over that twelve month period, or which involve failure to accurately report non-compliance.
   (w)   Right of Appeal. Any User or any interested party shall have the right to request in writing an interpretation or ruling by the Village on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a User and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a User's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and state law.
   (x)   Operating Upsets. Any User which experiences an upset in operations which places the User in a temporary state of non-compliance with this chapter shall inform the Village thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the User with the Village within five days. The report shall specify:
      (1)    Description of the upset, the cause thereof and the upset's impact on a User’s compliance status.
      (2)    Duration of non-compliance, including exact dates and times of non- compliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur.
      (3)    All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
   A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Village against a User for any non-compliance with the chapter which arises out of violations alleged to have occurred during the period of the upset.
   (y)   Record Retention. All Users subject to this chapter shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or in behalf of a User in connection with its discharge. All records which pertain to matters which are the subject of Administrative Adjustment or any other enforcement or litigation activities brought by the Village pursuant hereto shall be retained and preserved by the User until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
   (z)   Removal Credits. Where applicable, the Village may elect to initiate a program of removal credits as part of this chapter to reflect the sewage treatment plant's ability to remove pollutants in accordance with 40 CFR Part 403.7.
   (aa)   Net/Gross Calculations. The Village may elect to adjust Categorical Pretreatment Standards to reflect the presence of pollutants in the User's intake water, in accordance with 40 CFR Part 403.15.
(Ord. 12-11-89.)