(A) When required by the Utilities Manager, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling, and measurement of the wastes. The control manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Utilities Manager. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.
(B) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this subchapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole.
(C) In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
(D) Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, CBOD5, ammonia and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH is determined from periodic grab samples. (CBOD5, ammonia includes five-day carbonaceous biochemical oxygen demand).
(E) The town has the legal authority to:
(1) Develop and enforce specific limits on prohibited substances;
(2) Utilize various enforcement actions, including:
(a) Informal notice;
(b) Formal notice of violation;
(c) Administrative fines;
(d) Administrative orders in the form of consent orders, showing cause hearings, compliance orders, and cease and desist orders;
(e) Emergency suspensions;
(f) Termination of service;
(g) Cost recovery;
(h) Judicial action; and
(i) Referral to state and federal enforcement authorities.
(3) Enter the premises of any industrial user to conduct inspections, surveillance, record review, and/or monitoring, as necessary to determine compliance with this chapter and, if applicable, any effective industrial wastewater pretreatment permit;
(4) Accept or deny any new or increased discharges from any indirect discharger;
(5) Immediately halt or prevent any discharge of pollutants to the sewage works which reasonably appears to present an imminent endangerment to the health or welfare of the public, the environment, and/or which threatens to interfere with the operation of the sewage works;
(6) Require compliance with all applicable pretreatment standards and requirements by indirect dischargers;
(7) Impose fees, if necessary, to offset the cost incurred by the permittee for administering the pretreatment program requirements established in the current national pollutant discharge elimination system (NPDES) permit;
(8) Impose a fine of not more than $2,500 per day, per violation for a first violation, nor more than $7,500 per day, per violation for subsequent violations, in accordance with I.C. 36-l-3-8(a)(10)(B); and
(9) Seek injunctive relief.
(Prior Code, § 52.26) (Ord. 14-70, passed 1-18-1971; Ord. 03-08-2016-01, passed 3-22-2016) Penalty, see § 52.999