Section
General Provisions
51.01 Management of sewage collection system; authority to prohibit dumping
51.02 Cost of construction to be borne by owner
Sewer Use
51.14 General Provisions
51.15 Applicability and enforcement of provisions
51.16 Definitions
51.17 Prohibited acts
51.18 Permit required; classes of permits
51.19 Industrial user prohibited discharges
51.20 Abnormal waste surcharge
51.21 National categorical pretreatment standards
51.22 Local limits
51.23 Pretreatment of industrial wastes and permits required
51.24 Additional pretreatment measures
51.25 Plans for pretreatment facility to be submitted to city; periodic inspections
51.26 Pretreatment and discharge of industrial cooling water
51.27 Nonresidenial users to provide wastewater flow characteristics information
51.28 Strength of sewage; testing
51.29 Accidental discharge/slug control plans
51.30 Compliance with state and federal standards
51.31 Tampering with municipal sewage works prohibited
51.32 Reports of potential problems
51.33 Right of entry for purpose of inspection
51.34 Non-delegated pretreatment program
51.35 Enforcement remedies
51.36 Pretreatment charges and fees
Rates and Charges
51.45 Definitions
51.46 Charges established; charges regulated by EPA; classes of users
51.47 Charges collected from owners; basis of sewage rates and charges
51.48 Methods of measurement to determine water quantity
51.49 Charges based on volume, strength and character of waste discharged
51.50 Manner of billing and collection
51.51 Special rate contracts
51.52 Special rates and charges
51.53 Area to be additionally charged
51.54 Monthly average calculation
51.55 Financial contributions
51.56 Study to review fairness, equity and proportionality of rates and charges
51.57 Charges for connection to the sewage works system
51.58 Video discrepancy policy
51.99 Penalty
Statutory reference:
Environment generally, see I.C. 13-1-1-1 et seq.
Federal general pretreatment regulations for existing and new sources of pollution, see 40 CFR 403
GENERAL PROVISIONS
(A) The city shall make and enforce such rules and regulations as may be deemed necessary for the safe, economical and efficient management of the city's sewage collection system, pumping stations, vacuum stations, and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system and for the regulation, collection, rebating and refunding of such rates and charges.
(B) The city is authorized to prohibit dumping of wastes into the city's sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the city, or to require methods affecting pretreatment of the wastes to comply with the pretreatment standards included in the National Pollutant Discharge Elimination System (NPDES) permit issued to the sewage works or as may be contained in the EPA General Pretreatment Regulations, 40 CFR Part 403 and any amendments thereto or the city's pretreatment program plan.
('79 Code, § 17-108) (Ord. 108-1987, passed 11-10-87; Am. Ord. 18-2001, passed 11-13-01)
Statutory reference:
Leases of sewage works, see I.C. 36-9-23-2
Control and supervision of sewage works, see I.C. 36-9-23-3
SEWER USE
(A) Purpose and policy.
(1) This subchapter sets forth uniform requirements for users of the publicly owned treatment works for the City of Rochester (“city” or “Rochester”) and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq) and the general pretreatment regulations (40 CFR Part 403). The objectives of this subchapter are:
(a) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
(b) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
(c) To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
(e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
(F) To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
(2) This subchapter shall apply to all users of the publicly owned treatment works. This subchapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(3) Unless otherwise defined herein, terms shall have the meanings adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, American Waterworks Association, and the Water Pollution Control Federation, as set forth in 40 CFR Part 136. Waste constituents and characteristics shall be measured by standard methods unless a mutually agreed upon acceptable alternative method is adopted by agreement of the permittee and the permitting authority or any other method is established by federal or state regulatory agencies. Monitoring and metering shall be carried out by customarily accepted methods.
(B) Administration. Except as otherwise provided herein, the Wastewater Superintendent shall administer, implement, and enforce the provisions of this subchapter. Any powers granted to or duties imposed upon the Wastewater Superintendent may be delegated by the Wastewater Superintendent to a duly authorized city employee.
(C) Abbreviations. The following abbreviations, when used in this subchapter, shall have the designated meanings:
BOD5 | Biochemical Oxygen Demand |
BMP | Best Management Practice |
BMR | Baseline Monitoring Report |
CFR | Code of Federal Regulations |
CIU | Categorical Industrial User |
CBOD5 | Carbonaceous Biochemical Oxygen Demand |
COD | Chemical Oxygen Demand |
EPA | U.S. Environmental Protection Agency |
EPA RV | Environmental Protection Agency Region 5 |
FOG | Fats, Oils, and Grease |
gpd | gallons per day |
I.C. | Indiana Code |
IAC | Indiana Administrative Code |
IDEM | Indiana Department of Environmental Management |
IOSHA | Indiana Occupational Safety & Health Administration |
IWP | Industrial Wastewater Pretreatment Permit |
IU | Industrial User |
mg/l | milligrams per liter |
MSDS | Material Safety Data Sheet |
NPDES | National Pollutant Discharge Elimination System |
NSCIU | Non-Significant Categorical Industrial User |
POTW | Publicly Owned Treatment Works |
RCRA | Resource Conservation and Recovery Act |
SIU | Significant Industrial User |
SNC | Significant Noncompliance |
TSS | Total Suspended Solids |
U.S. C. | United States Code |
(D) Severability; effective date.
(1) Severability. If any provision of this subchapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
(2) Effective date.
(a) This subchapter shall become immediately effective upon its adoption by the City Council and Board of Works I, signature by the Mayor, enrollment in the book of ordinances, and publication of notice as required by law.
(b) Any ordinance in contradiction to this subchapter is repealed.
(Ord. 15-2021, passed 11-23-2021)
This subchapter shall be applicable to and enforceable within the incorporated boundary of the city, and shall also be applicable to and enforceable in any other areas in which the city exercises boundaries with respect to collection, processing, and discharge of sanitary sewage pursuant to I.C. 36-92-16 to 36-9-2-18.
(Ord. 15-2021, passed 11-23-21)
Unless the context specifically indicates otherwise, the meaning of terms used in this subchapter shall be as follows:
AMMONIA (NH3). The same as ammonia nitrogen measured as ammonia. The laboratory determination shall be made in accordance with procedures set forth in “Standard Methods.”
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to comply with this subchapter [327 IAC 5-18-2(c) and 40 CFR 403.5]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BOARD. The Board of Public Works and Safety of the city, or any other duly authorized officials acting on its behalf.
BUILDING (OR HOUSE) DRAIN. The lowest horizontal piping of building drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to a point approximately five feet outside the foundation wall of the building.
(1) BUILDING DRAIN: SANITARY. A building drain which conveys sanitary or industrial sewage only.
(2) BUILDING DRAIN: STORM. A building drain which conveys storm water or other clean water drainage, but no wastewater.
BUILDING (or HOUSE) LATERAL SEWER. The extension from the building drain to the sewage system or other place of disposal.
(1) BUILDING SEWER: SANITARY. A building sewer which conveys sanitary or industrial sewage only.
(2) BUILDING SEWER: STORM. A building sewer which conveys storm water or other clean water drainage, but no sanitary or industrial sewage.
BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (or CBOD). Five-day measure of pollutant parameters carbonaceous biochemical oxygen demand.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b)
and (c) of the Act (33 U.S.C. 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CHEMICAL OXYGEN DEMAND (or COD). COD of sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in “Standard Methods”, and shall conform to the current version of 40 CFR Part 136.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, PH, E-coli bacteria, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include:
(1) Chemical oxygen demand;
(2) Total organic carbon;
(3) Phosphorus and phosphorus compounds;
(4) Nitrogen and nitrogen compounds; and
(5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
COMPOSITE SAMPLE. A 24-hour composite sample consists of at least four individual flow-proportioned samples of wastewater, taken by the grab sample method over equal time intervals during the period of operator attendance or by an automatic sampler, and which are combined prior to analysis.
(1) A flow proportioned composite sample shall be obtained by:
(a) Recording the discharge flow rate at the time each individual sample is taken,
(b) Adding together the discharge flow rates recorded from each individual sampling time to formulate the “total flow value,”
(c) Dividing the discharge flow rate of each individual sampling time by the total flow value to determine its percentage of the total flow value, and
(d) Multiplying the volume of the total composite sample by each individual sample’s percentage to determine the volume of that individual sample which will be included in the total composite sample.
(2) Alternatively, a 24-hour composite sample may be obtained by an automatic sampler on an equal time interval basis over a 24-hour period provided that a minimum of 24 samples are taken and combined prior to analysis. The samples do not need to be flow-proportioned if the permittee collects samples in this manner.
CONTROL AUTHORITY. The Commissioner of the Indiana Department of Environmental Management (IDEM).
DAILY MAXIMUM. The highest total discharge for any calendar day during a calendar month.
EASEMENT. An acquired legal right for the specific use of land owned by others.
E. COLI. Escherichia coli bacteria.
EFFLUENT LIMITATIONS. The arithmetic mean of CBOD, ammonia-nitrogen and TSS values and the geometric mean of E-coli values and fecal coliform values for effluent samples collected in a calendar month or week which shall not exceed the monthly averages contained in the discharge limitation section of NPDES permit for the wastewater treatment plant for the city.
FECAL COLIFORM. Any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment facility approved by the city.
GARBAGE. Any solid wastes from the preparation, cooking, or dispensing of food and from handling, storage or sale of produce.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids, and further defined in regulation 40 CFR Part 403.
IDEM. Indiana Department of Environmental Management.
INDIRECT DISCHARGER. A nondomestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
INDUSTRIAL USER. An indirect discharger.
INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process, or from
the development, recovery or processing of any natural resource carried on by a period and shall further mean any waste from an industrial sewer.
INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (INFILTRATION does not include, and is distinguished from, inflow.)
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW. The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. (INFLOW does not include, and is distinguishable from, infiltration.)
INSPECTOR. The person or persons duly authorized by the Board of Public Works and Safety to inspect and approve the installation of building sewers and their connection to the public sewer system.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources does one of the following:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods.
(2) Causes a violation any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
(3) Prevents the use of the POTW’s sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder more stringent state or local regulations:
(a) Section 405 of the Clean Water Act (33 U.S.C. 1345).
(b) The Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), including:
1. Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
2. The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. 6941).
(c) The Clean Air Act (42 U.S.C. 7401).
(d) The Toxic Substances Control Act (15 U.S.C. 2601).
MONTHLY AVERAGE. The total discharge during a calendar month. The MONTHLY AVERAGE shall be determined by the summation of the measured daily discharge divided by the number of days during the calendar month when measurements were taken.
NATURAL OUTLET. Any outlet including store sewers, into a watercourse, pond, ditch, lake or other body of surface or ground water.
NORMAL DOMESTIC SEWAGE. For the purpose of determining surcharges, wastewater or sewage having an average concentration as follows:
(1) CBOD not more than 250 mg/l.
(2) Suspended solids not more than 250 mg/l.
(3) Ammonia not more than 20 mg/l.
(4) COD not more than 500 mg/l.
(5) Phosphorus not more than 10 mg/l.
(6) As defined by origin, wastewater from segregated domestic and/or sanitary conveniences as distinct from water from industrial purposes.
NPDES PERMIT. National pollutant discharge elimination system permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 95-217.
PASS THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the content.
pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution.
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alternations of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alternation can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d); and shall include all applicable rule and regulations contained in the Code of Federal Regulations as published in the Federal Register, under Section 307 of Public Law 95-217, under regulations 40 CFR Part 403 pursuant to the Act, and amendments.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
PRETREATMENT STANDARDS. State pretreatment standards as established in 327 IAC 5-18-8; pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; and national categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10.
PRIVATE SEWER. A sewer which is not owned by a public authority.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half-inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (or POTW). A treatment works owned by the state or municipality, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(3) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
(4) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.
SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial building, industrial plants and institution (including polluted cooling water). The two most common types of sewage are:
(1) INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
(2) SANITARY SEWAGE. The combination of liquid and water-carried wastes, discharged from toilet and other sanitary facilities.
SEWAGE WORKS. The structures, equipment and process to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
SEWER. A pipe or conduit for carrying sewage.
SHALL. Is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER.
(1) An industrial user subject to categorical pretreatment standards under 327 IAC 5-18-10.
(2) An industrial user that:
(a) Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blow down wastewater) to the POTW;
(b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as a significant industrial user by the control authority on the basis that the industrial user has the reasonable potential to:
1. Adversely affect the POTW’s operation;
2. Violate a pretreatment standard; or
3. Violate a requirement of 327 IAC 5-19-3.
(3) The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 IAC 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet Part III.A.9.b.(3) of NPDES Permit No. IN0021661.
SLUG. Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which as a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
STANDARD METHODS. The laboratory procedures set forth in the latest approved edition at the time of analysis, of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Waterworks Association and The Water Pollution Control Federation.
STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
SUPERINTENDENT. The Superintendent of the wastewater treatment plant of the city, or his or her authorized deputy, agent or representative.
SUSPENDED SOLIDS. Solids which either floats on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
TSS. Total suspended solids.
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER. Any person that discharges, causes, or permits the discharge of wastewater into the sewerage system.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gasses or vapors when heated to 550 degrees Celsius for 15 to 20 minutes.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
WEEKLY AVERAGE DISCHARGE. The highest average of a calendar week during a calendar month. The weekly average shall be determined by the summation of the measured daily discharge divided by the number of days during the calendar week when measurements were taken.
(Ord. 15-2021, passed 11-13-21)
(A) It shall be unlawful for any person to 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 said city, any human excrement, garbage or other objectionable waste.
(B) No new connection shall be made unless there is capacity available to all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for CBOD, COD, suspended solids, ammonia, and phosphorus.
(C) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the city, any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this subchapter and the NPDES permit.
(D) No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this subchapter and the NPDES permit.
(E) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(F) The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, and which have or maintain toilet facilities on said property shall connect such facilities directly with the proper public sewer in accordance with the provisions of this subchapter, within 90 days after date of official notice to do so, provided that said public sewer is within 300 feet of the property line. (See I.C. 36-9-23-30)
(G) The owner of any house, building, or other property which contains basement drains connected to any sewers maintained by the city, whether storm sewers, combined sewers, or any other sewer connection, shall have installed on said basement drains appropriate plugs which may be firmly fastened by screw threads or other appropriate means to prevent the backup from any such sewer into said basement; in the alternative such drains shall be equipped with check valves which are sufficient to prevent the backup of any waters from said sewer into said basement.
(Ord. 15-2021, passed 11-23-21)
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