(A) The town is authorized to prohibit dumping of wastes into the town’s storm water sewage system which, in its discretion, are deemed harmful to the operation of the Sewage Treatment Works of the town, or to require methods affecting pretreatment of said wastes to comply with the pretreatment standards included in the National Pollution Discharge Elimination System (NPDES) permit issued to the sewage works. In furtherance of this section, the Superintendent of the Wastewater Treatment Plant and/or the Town Engineer is authorized to issue an order prohibiting further acceptance of effluent from any user who refuses to comply with the terms, conditions and provisions of this chapter as well as to rescind or terminate the users permit to discharge effluent into the collection treatment or discharge sewer treatment facilities of the town.
(B) Storm water and any other un-polluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Town Engineer and the state into a storm sewer or natural outlet. No roof drains, eaves, or roof runoff shall be discharged into a sanitary sewer or combined sewer.
(C) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha fuel oil, or other flammable or explosive liquid, solid, or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans in receiving waters of the sewage treatment process, constitute a hazard to humans in receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 5.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(4) 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 sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups milk container, and other like items, either whole or ground by garbage grinders.
(D) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes, except if it appears likely in the opinion of the City Engineer and/or the Superintendent of the Wastewater Treatment Plant that such wastes will not harm either the sewers, the sewage treatment process or equipment, nor have an adverse effect on the receiving stream, nor otherwise endanger life, limb, or public property, nor constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Town Engineer and/or the Superintendent of the Wastewater Treatment Plan will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. Unacceptable substances include, but are not limited to, the following:
(1) Any liquid or vapor having a temperature higher than 150° F. or 65° C.
(2) Any water or wastes containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l, of which not more than 25 mg/l is soluble oils, or containing substances which may solidify or become so highly viscous as to retard flow in the sewer systems at temperatures between 32° F. and 150° F. (0° and 65° C.).
(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder, other than in a residence, may be subject to the review and approval of the Town Engineer.
(4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(5) Any waters or wastes exceeding the following maximum allowable limits: 2 mg/l of zinc, 2 mg/l of total chromium, .1 mg/l cadmium, .5 mg/l of copper, .5 mg/l of cyanide, 2.0 mg/l of nickel, 1 mg/l of chromium as Cr (hexavalent), .002 mg/l of mercury as Hg, .05 mg/l of lead as Pb, 30 mg/l of chlorine demand, 15 mg/l of iron, and similar objectionable or toxic substances; or wastes exerting excessive chlorine requirements, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Engineer for such materials.
(6) Any waters or wastes containing phenols or other taste or odor-producing substances after treatment of the limits which may be established by the Town Engineer as necessary to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the respective waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town Engineer in compliance with applicable state or federal regulations.
(8) Any waters or wastes having a pH of less than 5.0 or in excess of 9.
(9) Materials which exert or cause:
(a) Unusual concentra- tions of inert, suspended solids, such as, but not limited to, sodium chloride and sodium sulfate.
(b) Excessive dis- coloration, such as, but not limited to, dye wastes and vegetable tanning.
(E) Enforcement:
(1) No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest.
(2) The town may immediately and without prior notice suspend the wastewater treatment service of a discharger if it appears to the town, based upon
factors addressed in this chapter, that an actual or threatened discharge presents an imminent danger to the welfare of persons, to the environment, to the operation of the town’s wastewater treatment plant, or contaminates the resultant sludge and jeopardizes the opportunity for its disposal through land application, or violates any discharge limits. Any discharger notified of the suspension of wastewater treatment service must immediately cease all discharges. If the discharger fails to comply voluntarily with a suspension order, the town may immediately commence judicial proceeding to compel the discharger’s compliance with the order. The town can reinstate the wastewater treatment service and terminate judicial proceeding provided the discharger can prove the elimination of the non-complying discharge or conditions as outlined above.
(3) Whenever the town finds that any discharger has engaged in conduct other than that set forth in § 52.14(B) which justifies revocation of a permit or suspension of service, the town will serve the discharger with a written notice, either personally or by certified or registered mail, stating the nature of the alleged violation. Within ten days of the date of receipt of this notice, the discharger must respond personally or in writing to the town, advising of its position with respect to the allegations. Thereafter, the parties must meet to determine the seriousness of the allegations and where necessary, establish a plan for the satisfactory correction of the violation.
(4) Where a violation of the town’s ordinance or if applicable pretreatment regulations occurs and is not corrected by timely compliance, the town may order any discharger to show cause before them and state why the proposed permit revocation action should not be taken. A written notice must be served on the discharger by personal service, certified or registered, specifying the time and place of a hearing to be held by the town. The hearing will consider the violations, the proposed enforcement action, reasons why the enforcement action is to be taken, and directing the discharger to show cause before the town as to why the proposed enforcement action should not be taken. The notice of the hearing must be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing will be considered by the town and appropriate orders with respect to the alleged improper activities of the discharger will be issued.
(5) The town is entitled to inspect or review any storm sewer, any storm sewer connections, or any downspouts or anything located on anyone’s property in order to check the storm water system or anything of that nature.
(6) Any user affected by any decision, action, or determination made by the town, interpreting or implementing the provisions of this chapter or in any permit issued herein, may be appealed to the Circuit Court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act.
(7) If any person discharges sewage, industrial wastes, or other wastes into a town’s wastewater disposal system contrary to the Municipal Ordinance, federal or state pretreatment requirements, or any order of the town, the town attorney may commence a judicial action for appropriate legal and/or equitable relief.
(F) Abatement:
(1) When a discharge of wastes causes an obstruction, damage, or any other impairment to the town’s facilities, the town may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user’s charges and fees.
(2) Any person who violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be fined in an amount not to exceed $2,500 per day. Each day such violation occurs or continues shall constitute a separate violation of this chapter.
(3) Any person who discharges sewage, industrial waste, wastewater, or other waste into the collection and/or treatment system of the town shall be governed by the provisions of this chapter and all applicable, local, state, and federal laws and regulations and shall indemnify the town and be liable for any fine, penalty, or judgement assessed against the town and/or its duly authorized agents as a result of the person violation of the local, state, or federal law or regulation.
(4) Any person who knowingly makes any false statement, representation, or certification in any application, report, or other document required by this chapter or other applicable regulations, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction, be punished by the imposition of a civil penalty or criminal penalty as required by the local and/or state statutes.
(Ord. 04- -02, passed - -)