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South Charleston Overview
Codified Ordinances of South Charleston, WV
THE CODE OF THE CITY OF SOUTH CHARLESTON, WEST VIRGINIA
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1681
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
CHAPTER ONE - Street and Sidewalk Areas
CHAPTER THREE - Utilities
ARTICLE 930 Pretreatment Regulations
930.01 GENERAL PROVISIONS.
930.1.1 Purpose and Policy.
930.1.2 Administration.
930.1.3 Abbreviations.
930.1.4 Definitions.
930.02 GENERAL SEWER USE REQUIREMENTS.
930.2.1 Prohibited Discharge Standards.
930.2.2 National Categorical Pretreatment Standards.
930.2.3 State Pretreatment Standards
930.2.4 Local Limits.
930.2.5 South Charleston's Right of Revision
930.2.6 Dilution
930.03 PRETREATMENT OF WASTEWATER.
930.3.1 Pretreatment Facilities
930.3.2 Additional Pretreatment Measures
930.3.3 Accidental Discharge/Slug Control Plans
930.3.4 Hauled Wastewater
930.04 INDIVIDUAL WASTEWATER DISCHARGE PERMITS.
930.4.1 Wastewater Analysis
930.4.2 Individual Wastewater Discharge Permit Requirement
930.4.3 Individual Wastewater Discharge Permitting; Existing Connections
930.4.4 Individual Wastewater Discharge Permitting: New Connections
930.4.5 Individual Wastewater Discharge Permit Application Contents
930.4.6 Application Signatories and Certification
930.4.7 Individual Wastewater Discharge Permit Decisions
930.05 INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE.
930.5.1 Individual Wastewater Discharge Permit Duration
930.5.2 Individual Wastewater Discharge Permit Contents
930.5.3 Permit Issuance Process
930.5.4 Permit Modification
930.5.5 Individual Wastewater Discharge Permit Transfer
930.5.6 Individual Wastewater Discharge Permit Revocation
930.5.7 Individual Wastewater Discharge Permit Reissuance
930.5.8 Regulation of Waste Received from Other Jurisdictions
930.06 REPORTING REQUIREMENTS.
930.6.1 Baseline Monitoring Reports
930.6.2 Compliance Schedule Progress Reports
930.6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
930.6.4 Periodic Compliance Reports
930.6.5 Reports of Changed Conditions
930.6.6 Reports of Potential Problems
930.6.7 Reports from Unpermitted Users
930.6.8 Notice of Violation/Repeat Sampling and Reporting
930.6.9 Notification of the Discharge of Hazardous Waste
930.6.10 Analytical Requirements
930.6.11 Sample Collection
930.6.12 Date of Receipt of Reports
930.6.13 Record Keeping
930.6.14 Certification Statements
930.07 COMPLIANCE MONITORING.
930.7.1 Right of Entry: Inspection and Sampling
930.7.2 Search Warrants
930.08 CONFIDENTIAL INFORMATION.
930.09 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
930.10 ADMINISTRATIVE ENFORCEMENT REMEDIES.
930.10.1 Notification of Violation
930.10.2 Consent Orders
930.10.3 Show Cause Hearing
930.10.4 Compliance Orders
930.10.5 Cease and Desist Orders
930.10.6 Emergency Suspensions
930.10.7 Termination of Discharge
930.11 JUDICIAL ENFORCEMENT REMEDIES.
930.11.1 Injunctive Relief
930.11.2 Civil Penalties
930.11.3 Criminal Prosecution
930.11.4 Remedies Nonexclusive
930.12 SUPPLEMENTAL ENFORCEMENT ACTION.
930.12.1 Water Supply Severance
930.12.2 Public Nuisances
930.13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
930.13.1 Upset
930.13.2 Prohibited Discharge Standards
930.13.3 Bypass
930.14 MISCELLANEOUS PROVISIONS.
930.14.1 Pretreatment Charges and Fees
930.14.2 Severability
ARTICLE 931 Sewers and Sewage Disposal
ARTICLE 932 Sewer Charges
ARTICLE 933 Stormwater Management and Surface Water Discharge Control
ARTICLE 934 Disposal of Oils and Greases to Sewers
ARTICLE 935 Water
CHAPTER FIVE - Other Public Services
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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930.10.2 Consent Orders
   The General Manager may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 930.10.4 and 930.10.5 and shall be judicially enforceable.
 
930.10.3 Show Cause Hearing
   The General Manager may order a User which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the General Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 930.1.4C and required by Section 930.4.6A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
 
930.10.4 Compliance Orders
   When the General Manager finds that a User has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the General Manager may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.
 
930.10.5 Cease and Desist Orders
   When the General Manager finds that a User has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's past violations are likely to recur, the General Manager may issue an order to the User directing it to cease and desist all such violations and directing the User to:
   A.    Immediately comply with all requirements; and
   B.    Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
 
930.10.6 Emergency Suspensions
   The General Manager may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The General Manager may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
   A.    Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order, the General Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The General Manager may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the General Manager that the period of endangerment has passed, unless the termination proceedings in Section 930.10.7 are initiated against the User.
   B.    A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the General Manager prior to the date of any show cause or termination hearing under Sections 930.10.3 or 930.10.7.
   Nothing in this section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this section.
 
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