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(a) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. All existing connections allowing such discharge may be reviewed and approved or rejected by the Director upon consideration of the resulting hardships and related factors.
(b) Non-contact cooling water may be discharged to a storm sewer or natural outlet. Non-contact cooling water may be discharged to a combined sewer only with approval of the Director.
(c) Pursuant to 40 CFR 403.8(f)(1)(B)(1-6) and OAC 3745-03-03(C)(1)(c)(ivi), individual wastewater discharge permits and general permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards
(3) Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
(4) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
(5) Requirements to control Slug Discharge, if determined by the Director to be necessary.
(d) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any liquids, solids, or gasses which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewer system or the POTW or to the operation of the POTW, including, but not limited to, waste-streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test method specified in 40 CFR 261.21. Prohibited substances include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, aldehydes, peroxides, chlorates, alcohols, bromates, carbides, hydrides, perchlorates, sulfides and any other substance which the City, the state, or EPA has notified the user is a fire hazard or hazard to the system.
(2) Any waters or wastes containing toxic or poisonous pollutants as 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 human or animals, create a public nuisance or create any hazard in the receiving waters of the POTW.
(3) Any waters or wastes having a 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, wood, glass, rags, feathers, tar, flashings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) Any waters or wastes containing objectionable or toxic substances in excess of the allowable limits determined by the Director and listed in the "Index of Restricted Substances" posted at the Wastewater Treatment Plant, the City Service Center and on the City's website.
(6) Any waters or wastes which may cause the POTW to exceed NPDES Permit conditions.
(e) No discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge to partially or completely substitute adequate treatment to achieve compliance with the standards set forth in this ordinance.
(f) No person shall discharge any hazardous wastes to the POTW by truck, rail, or dedicated pipeline. Industrial dischargers are required to notify the POTW if they are disposing of any Resource Conservation and Recovery Act (RCRA) listed or characteristic hazardous wastes, as defined in 40 CFR 261, by discharging it into the POTW. Exempt from this notification requirement are these industrial dischargers who discharge 15 kilograms or less per month of non-acute hazardous wastes. All industrial dischargers shall promptly notify the Director in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial discharger has submitted initial notification under 40 CFR 403.12(p).
(g) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Director that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director 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 sewage treatment process, capability of the POTW, and other pertinent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit, or 65 degrees Celsius at the discharge point into the sewer and/or any temperature which would cause the POTW to have an influent temperature of 104 degrees Fahrenheit or 40 degrees Celsius at any time.
(2) Any water or wastes containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit, or between 0 degrees and 65 degrees Celsius.
(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the Director.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions.
(5) Any waters or wastes containing taste or odor producing substances in such concentrations as exceed limits which may be established by any State, Federal, or other public agency having jurisdiction over the discharge of such substances to the receiving waters.
(6) Any radioactive waste or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable State or Federal regulations.
(7) Materials which exert or cause:
A. Unusual concentration of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residue) or of dissolved solids, (such as, but not limited to, sodium chloride and sodium sulfate).
B. Excessive discoloration, such as, but not limited to, dye wastes and vegetable tapping solutions.
C. Unusual requirements of BOD, suspended solids, or chlorine demand in such quantities as to constitute a significant load on the POTW.
D. Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Section 916.01(pp).
(8) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the POTW effluent cannot meet the requirements of other agencies having jurisdiction over the discharge of such substances to the receiving waters or will contaminate the sludge thereby rendering it unsuitable for reclamation.
(h) No discharger subject to the National Categorical Pretreatment Standards as promulgated by the U.S. Environmental Protection Agency (USEPA) shall fail to meet by the applicable standards.
(i) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c-d) and OAC 3745-3-03(C)(4).
(j) The pollutant limits, recorded in the Manager's Journal, are established to protect against Pass Through and Interference. No person shall discharge wastewater containing in excess of those limits.
(k) The Director may develop Best Management Practices (BMPs), by ordinance, in individual wastewater discharge permits, or general permits, to implement Local Limits and other requirements in this section.
(a) All persons proposing to connect to or discharge sewage, industrial wastes and other wastes to the POTW shall submit a utility service application to the City of Springfield before connection or discharging to the POTW. In addition, all industrial dischargers proposing to connect to or contribute to the POTW shall complete and file with the City a Baseline Monitoring Report and any other pertinent documents deemed by the City as being necessary to determine discharge characteristics and flow. If, in the opinion of the Director, an industrial discharger is required to obtain a wastewater discharge permit, known as a Local Permit, the Baseline Monitoring Report may be used as the application. Additionally, if in the opinion of the Director, an industrial discharger is required to develop a slug discharge control plan, the plan must be submitted and approved before the permit may be approved. This plan must be reviewed and updated each time the permit is renewed. The slug discharge plan must include, but is not limited to the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under paragraph (B) of rule 3745-3-04 of the Administrative Code, with procedures for follow-up written notification within five days;
(4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of wastewater discharge, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), or measures and equipment for emergency response.
The Local Permit will be issued to a specific user for a specific operation. The Local Permit is non-transferable and shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. Any succeeding owner or user shall also apply for a new Local Permit. The City of Springfield has the right to disapprove permit applications for new dischargers or increases to existing loadings before discharges actually commence. The City has the right to revoke existing permits should it become necessary to protect the POTW or its discharge points or for violations of this ordinance. No significant industrial user shall discharge into any City sewer, whether directly or indirectly, without a Local Permit. Should changes occur to the significant industrial user's operation or any system that might alter the nature, quality, or volume of its wastewater, that user must notify the Director at least thirty (30) days in advance, and request that a new permit be issued.
(b) All existing and new industrial dischargers will submit a Baseline Monitoring Report, and any other report as required by the City, 40 CFR 403.12(d) and/or OAC 3745-3-06(D), within 90 days after connection to the sanitary sewer system. The report shall be in such form as prescribed by the Director and shall include such information as required. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and if not, what additional operating and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment requirements. All sampling requirements must meet the standards in Section 916.03(g).
(c) All existing and new industrial dischargers will submit a Baseline Monitoring Report within 90 days after connection to the sanitary sewer system. The report shall be in such form as prescribed by the Director and shall include such information as the Director shall require. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not what additional operating and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment requirements. All sampling requirements must meet the standards in Section 916.03(g).
(d) In addition to the report in Section 916.03(c), each industrial discharger regulated by the Federal Categorical pretreatment standards as promulgated by the USEPA shall submit to the City within ninety (90) days of initial discharge and on a bi-annual basis, a compliance report. This compliance report shall be in such form as prescribed by the Director and shall include such information as the Director shall require.
All sampling shall be performed as outlined in Section 916.03(g).
If any significant industry that is required to self-monitor analyzes any pollutant more frequently than required by its discharge permit, using approved analytical methods as specified herein, the results of such monitoring shall be included in the following compliance reports. If any self-monitoring, results show a violation of this ordinance then the discharger must notify the City within twenty-four (24) hours after becoming aware of the violation and must resample for the parameters in violation and report the results to the POTW within thirty (30) days of becoming aware of the initial violation.
(e) Any discharger subject to this ordinance shall, if deemed necessary by the City, submit to the Director a quarterly report indicating the nature and concentration of all substances prohibited or regulated by this ordinance or Federal Categorical
Pretreatment Standards that are contained in its discharge and the average and maximum daily flows in gallons.
(f) In the event any substance, material, slug, upset, water or waste the discharge of which is prohibited by Section 916.02(d) and (f) herein is discharged into the sewer system, the person responsible for such discharge shall notify the City immediately, and in no case later than one (1) hour following such discharge, by calling the emergency number provided. The person responsible for such discharge shall report to the Director in writing within five (5) days after the discharge as to the cause, action taken, and measures taken to prevent such occurrences from happening again. All costs incurred to correct any damage resulting from such discharge shall be charged to the discharger and any person responsible for such discharge. Each such discharge shall be considered separately and costs and charges shall be levied accordingly.
Failure of the person responsible for such discharge to report it, or to institute such corrective measures as are necessary to prevent a subsequent discharge after having been notified in writing by the City to do so and having been given a reasonable time in which to institute such measures, may result in the sewer through which such discharge enters the public sewer being disconnected from the public sewer. A sewer disconnected under this provision will not be reconnected until, in the opinion of the Director, appropriate corrective measures have been implemented.
(g) All analyses required by this Chapter shall be performed by the discharger, or by his agent, 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 procedure set forth in the most recent publication of the USEPA, "Sampling And Analysis Procedures For Screening Of Industrial Effluents For Priority Pollutants", and/or the USEPA manual "Methods For Chemical Analysis For Water And Wastes" and/or the American Public Health Association "Standard Methods For the Examination Of The Water And Wastewater" and amendments thereto, or with any other sampling and analytical procedure approved by the administrator of the USEPA or Ohio EPA. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined at the control structure (per the Local Permit and/or Section 916.04(c)) provided, or upon suitable samples taken at the control structure. In the event that no special structure has been required, the control structure shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by the customarily accepted methods to reflect the effect of constituents upon the property. The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Samples will be collected by and analyzed by personnel assigned by the City for that duty. Additionally, when flow-measuring equipment has been required to be installed, sampling shall be completed using the flow proportional method for those parameters requiring composite sampling.
(1) The following analytes shall utilize the "grab" sample technique: Cyanide (Total and Free), Hexavalent Chromium, Oil and Grease (Total, Non-Polar and Polar), pH, Total Phenols and Volatile Organic Compounds. All other analytes shall utilize the "Composite" sample technique, using time or flow proportional sampling as required.
(2) All samples shall be representative of the discharge and taken during normal facility operations.
(h) All reports required under this section shall include the following certification statement: "I certify that under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." All reports that are more than forty five (45) days late shall require that the Sewer User be found in Significant Non-Compliance. All reports shall be signed by a manager that:
(1) Is authorized to make managerial decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and;
(2) Initiates and directs other comprehensive measures, to assure the long-term environmental compliance with applicable laws and regulations.
(3) Can ensure that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements and;
(4) Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
(i) The City, at its discretion, may issue Monitoring Waivers to Categorical Industrial Sewer Users. Monitoring Waivers will not be issued to Centralized Waste Treatment facilities as regulated and defined in 40 CFR 437. These waivers allow dischargers subject to a waiver to forego sampling and analyzing for certain pollutants, as identified by the City and regulated by categorical pretreatment standards, under the following conditions:
(1) Those pollutants not already exempted by other certification processes and/or requirements established by the City;
(2) If a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial discharger's operations, the discharger shall be required to immediately notify the City in writing and begin monitoring that pollutant at the frequency specified in the City's pretreatment program.
(3) In making a demonstration that a pollutant is not present, the industrial discharger must provide the following:
A. An analysis of four (4) consecutive samples of process wastewater, prior to any treatment process present at the facility that is representative of normal operations.
B. Non-Detectable sample results may only be used as a demonstration that a pollutant is not present only if procedures from Section 916.03(g) of this ordinance are followed and;
C. The lowest method detection limit for that pollutant was used.
(4) These waivers must be requested by an industrial sewer Discharger. If approved by the City, the waivers will be included in the respective Local Permits. Dischargers issued a Monitoring Waiver will still be responsible for meeting the limits of those parameters whose monitoring has been waived. Monitoring Waivers will expire with the related Local Permit. A new waiver may be granted in conjunction with a new Local Permit.
(5) A Monitoring Waiver may be revoked due to a change in industrial activity, upon receipt of results indicating that any waived parameter has exceeded the respective limit, or any other reasonable basis.
(6) Any industrial discharger granted a Monitoring Waiver must include the following language on each compliance report:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant or pollutants] in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Administrative Code."
(j) All dischargers subject to this ordinance 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 analysis made by or on the behalf of a discharger in connection with its discharge. All records which pertain to matters which are subject to administration adjustment or any other enforcement or litigation activities brought by the City of Springfield pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitations with respect to any and all appeals have expired.
(k) Information and data furnished to the City of Springfield with respect to the nature and frequency of discharge shall be available to the public or other governmental agencies without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the Law Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of proprietary information of the discharger. Information deemed to be trade secrets by the Law Director 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 ordinance, the National Pollution Discharge Elimination System (NPDES) Permit, State Disposal System Permit and/or the pretreatment programs.
(l) The Director reserves the right to issue General Permits for those industries that discharge similar types of wastes, have substantially similar types of operations, require the same effluent limitations and require the same or similar monitoring. These General Permits shall not be issued to significant industrial users or industrial dischargers whose limits are based on pretreatment standards expressed as mass of pollutant discharged per day.
(a) If the pretreatment or equalization of waste flows is required by this Chapter, then the design and installation of the plants and equipment required shall be subject to the Director's approval. Grease, oil, and sand interceptors shall be provided, when in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing harmful ingredients; except that such interceptors shall not be required for private dwelling units. All interceptors shall be of a type and capacity approved by the Director, and shall be located as to be readily and easily accessible for cleaning and inspection.
(b) Where preliminary treatment or flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(c) When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters, flow measuring devices and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(d) In accordance with 40 CFR 403.8(f)(1)(iv) and OAC 3745-3-03(C)(1)(e), industrial users must develop a compliance schedule for the installation of pretreatment technology, pollution control or construction of appropriate containment devices and any other appurtenances, designed to reduce, eliminate or prevent the introduction of pollutants into the POTW.
(e) The following conditions shall apply to the compliance schedule required by Section 916.04(d) of this ordinance, 40 CFR 403.12(c) and OAC 3745-3- 06(C)(9):
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation;
(2) No increment referred to above shall exceed nine (9) months;
(3) The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule;
(4) In no event shall more than nine (9) months elapse between such progress reports to the Director.
(a) Upon determination by the Director that a discharger or prospective discharger has fulfilled all obligations with regard to the issuance of a Local Permit, the Director shall issue such Local Permit.
(b) The Local Permit may contain conditions that the Director reasonably determines are necessary to achieve compliance with this Chapter, such as requiring the adoption of one or more BMP's, requiring the discharger to install and maintain additional pretreatment equipment or to conduct additional monitoring and reporting.
(a) Every industrial discharger which discharges "High Strength sewage" rather than, or in addition to "Normal sewage", either directly or indirectly, into the POTW shall be charged and pay a sewer system surcharge in addition to the sewerage service charge. Every person discharging sewage into the POTW having a concentration of any one or more of the sewage constituents described in subparagraph (1) of this paragraph (a), which is more than two (2) times the "Normal sewage" value of that sewage constituent, as defined in Section 916.01(w), shall be charged a base surcharge for the billing period. The surcharge will apply at all volumes discharged during a billing period above 15,000 gallons per day and shall be determined by the average daily discharge per billing period. Every person discharging sewage into the POTW having a concentration of any one or more of the sewage constituents described in subparagraph (1) of this paragraph (a), which is more than seven and one half (7.5) times the "High Strength sewage" value for that sewage constituent, as defined in Section 916.01(p), (i.e. a Slug or sometimes called a "Slug Load"), shall be charged an enhanced surcharge for the billing period.
(1) The amount of the surcharge shall be based on the levels of the following three sewage constituents pertinent to the wastewater being discharged into the POTW:
A. Total Suspended Solids (TSS)
B. Biochemical Oxygen Demand (CBOD)
C. Ammonia Nitrogen (NH3)
(2) Surcharges imposed under this paragraph (a) shall be calculated based on all constituent values over the "High Strength sewage" value for the concentration values for the sewage constituents described in subparagraph (1) of this paragraph (a) discharged by the customer during the billing period, as determined by use of the applicable formulas shown below.
"High Strength sewage" Formula:
SC1 = Q x (CV - SL - HSS) x 8.34 x SCR "Slug Load" Formula: SC2 = Q x SL x 8.34 x (SCR x 4) Wherein: SL = Surchargeable Slug Load concentration (mg/L). SL = CV - SLV (When SL is less than or equal to zero, the SL value used in the above formulas shall be zero.) SC1 = Surcharge for a constituent's High Strength sewage concentration ($). SC2 = Total charge for Slug Load surcharge for concentration ($). Q = Total quantity of the waste flow million gallons (MG). CV = Constituents concentration from sampling (mg/L). HSS = High Strength sewage value for constituent (mg/L). CBOD = 400 mg/L TSS = 500 mg/L NH3 = 30 mg/L SLV = Slug Load value for constituent (mg/L) CBOD = 3000 mg/L TSS = 3750 mg/L NH3 = 225 mg/L SCR = Base rate of surcharge per pound for constituent ($). Table Of Base Rates Of Surcharge Per Pound For Constituent High Strength sewage Slug Load value CBOD Surcharge per Lb $0.16 $0.64 TSS Surcharge per Lb $0.13 $0.52 NH3 Surcharge per Lb $0.60 $2.40 |
The total of all surcharges imposed under this paragraph (a) for a billing period shall be the sum of SC1 plus SC2 computed for each of the three constituents listed in Section 916.06(a)(1) [this may require six calculations and the summation of six surcharge numbers]. Surcharge amounts will be added to the discharger's bill for the billing period.
(3) The measurements described in Section 916.06(a)(2) shall be analytical measurements determined from samples taken from discharge points determined by the City at such a time or times, of such duration and in such a manner as the City may elect.
(4) If for any one or more of the sewage constituents described in Section 916.06(a)(1) the mass amount of the sewage constituent discharge for a sample is equivalent to five percent (5%) or more of the POTW Average Headworks Loading for that sewage constituent, as defined herein, the Director may establish a compliance schedule under which the customer must reduce the concentration of the discharged sewage constituent: (a) so that the discharge of the sewage constituent does not meet the definition of a slug; or (b) to a maximum mass discharge amount of four percent (4%) of the POTW Average Headworks Loading, whichever is greater. POTW Average Headworks Loading is defined as the average monthly mass amount of each sewage constituent, described in Section 916.06(a)(1), received by the POTW, as determined from the latest POTW influent analysis, less any process recycle loading in the most recent calendar year for which data is available.
(b) Industrial Users who seek greater consistency in the amount charged per billing period may make a written request to the Finance Director to receive what is known as an 'average monthly bill'. Upon approval, an average monthly bill shall mean, the amount billed for the remainder of the calendar year which shall be calculated using the average monthly surcharge for the previous one or three calendar years, whichever is greater. Average monthly bills will be recalculated and adjusted accordingly each calendar year.
An Industrial User may return to standard/actual monthly billing upon written request to the Finance Director. Industrial Users who return to standard/actual monthly billing will have the option of catching up any outstanding balance with either: (1) a one-time payment in full or (2) having the balance evenly distributed over the next 12 monthly bills. Once an Industrial User elects to return to standard/actual monthly billing they shall not be permitted to receive average monthly billing for a period of 18 months.
(a) No person shall maliciously, willfully, or negligently break, damage, uncover, deface or tamper with sewage works.
(b) No person shall access the sewer system or POTW for any activity including discharge of hauled septic or industrial wastes except at the locations and at times designated by the Director.
(c) No person shall remove a manhole lid, or otherwise access the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the Director, or without the express permission of the Director.
(a) The Director and other authorized employees of the City with proper credentials and identification shall be permitted to enter at reasonable times all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Director or his representative shall be given access to and allowed to copy any records, forms, or reports necessary to ensure compliance with all applicable discharge requirements, hazardous waste requirements and pretreatment requirements which shall include, but not be limited to, any hazardous wastes manifests, chemical inventories, solid or liquid disposal reports, material safety data sheets (MSDS), discharge analysis, or any other related records. The Director or his representative shall have no authority to inquire into any processes beyond that point having a direct bearing on the kind and source of discharge to the sewers and waterways or facilities for waste treatment. They shall observe all safety regulations which are applicable to the premises.
(b) Whenever the Director or his agent finds that any industrial discharger has violated or is violating this ordinance, or a wastewater permit, or order issued hereunder, the Director or his agent may serve upon said user a written notice of violation. Within ten (10) working days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Director or his agent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after the receipt of the notice of violation.
(c) If the Director determines that the violation did not occur, the Director shall notify the discharger of that determination.
(d) If the Director determines that the violation occurred and that the discharger's corrective plan is reasonable and appropriate, the Director may (1) issue a civil penalty or fine under Section 916.99 (a) or (b), (2) approve the corrective plan, or (3) both. Approved corrective plans shall become part of the discharger's Local Permit.
(e) If the Director determines that the violation occurred and that the Discharger has failed to submit a reasonable and appropriate corrective plan, the Director may issue an order to the Discharger to show cause why enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the violation(s) to be considered, available enforcement actions, and requiring that the user show cause why available 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 principal executive, general partner of corporate officer. Whether or not a duly notified industrial discharger appears as noticed, immediate enforcement action may be pursued.
(f) Notwithstanding the provisions of subsections (b) through (e) above, the Director may immediately suspend the wastewater treatment services of a discharger when it reasonably appears to the Director that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of the POTW, violate any pretreatment limits imposed by this ordinance or a Local Permit issued pursuant to this ordinance.
(g) The City of Springfield may revoke the Local Permit and/or disconnect the service of any discharger which:
(1) Fails to factually report the wastewater constituents and characteristics of its discharge in any baseline, quarterly or any other required report;
(2) Fails to report significant changes in the wastewater constituents or characteristics;
(3) Refuses reasonable access to the discharger's premises by representatives of the City of Springfield for the purpose of inspecting or monitoring;
(4) Violates the conditions of its Local Permit, or this ordinance, or any final judicial order entered with respect thereto.
(h) Any Discharger notified of the revocation or suspension of the City's wastewater treatment service shall within a period of time, as determined by the City, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the City shall disconnect service lines from the main sewer system and may commence judicial proceedings to compel the discharger's compliance with such order. The City shall reinstate the wastewater Discharger's service and/or Local Permit when the Director is reasonably satisfied that the threat of imminent or substantial danger has been eliminated.
(i) Whenever an industrial discharger has violated or continues to violate the provisions of this ordinance or an order or Local Permit issued hereunder, water service to the industrial discharger may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(j) In accordance with 40 CFR 403.8(f)(1)(iv) and OAC 3745-3-03(C)(1)(h), The remedies provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User.
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