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(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.
(a) Civil Penalties.
(2) A person who fails to submit a timely and adequate report as required in Section 916.03 (b), (c), (d), (e) or (f) or fails to comply with the conditions of the Local Permit authorized in Section 916.05(b) is subject to a Class C civil penalty as described in Section 1324.04 of these Codified Ordinances.
(b) Civil Fines. A person violating any provision of this Chapter 916 other than those listed in Section 916.99(a) may be assessed a civil fine not to exceed $1,000 for each violation. Each day that the violation continues shall constitute a separate violation. The Director shall determine the amount of the fine in accordance with the discharger's history of compliance or non-compliance with this Chapter 916, the severity of the violation and the amount of harm threatened or caused by the violation.
(c) A person who desires to dispute a civil penalty or fine must file a request with the Director to reconsider the fine within ten (10) days of being notified of the fine. The Director shall convene a hearing on the matter within thirty (30) days of receiving the request for reconsideration. The Director's determination shall be final, and appealable to the Court of Common Pleas in accordance with Chapter 2506 of the Ohio Revised Code.
(d) Criminal Penalties.
(1) Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance is guilty of a misdemeanor of the second degree.
(2) Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, who has been convicted of a violation of Section 916.99(a) within the previous five (5) years is guilty of a misdemeanor of the first degree.
(e) Restitution.
(1) Any person who violates any provisions of this chapter and thereby causes any expense, loss or damage to the City or its property is liable to the City for any expense, loss or damage occasioned by the violation including those costs assessed by the Ohio Environmental Protection Agency and/or The U.S. Environmental Protection Agency. The Law Director is authorized to collect such expense, loss or damage through civil action.
(f) Publication.
At least annually, the Director shall publish a list of all industrial dischargers which, at any time during the previous twelve months, were in Significant Non-Compliance. For the purpose of this provision, an industrial discharger is in Significant Non-Compliance if its violations meet one or more of the following criteria:
(1) For significant industrial users at any permitted discharge point, any Chronic violations of wastewater discharge limits;
(2) For significant industrial users at any permitted discharge point, any Technical Review Criteria (TRC) violations;
(3) For all industrial dischargers, any other violation of pretreatment effluent limit (daily maximum or longer term average) that the Director determines has caused, alone or in combination with other dischargers, interferences or pass through (including endangering the health of POTW personnel or general public);
(4) For all industrial discharger, any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
(5) For all industrial dischargers, any failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) For all industrial dischargers, any failure to provide, within forty five (45) after the due date, required reports such as Baseline Monitoring Reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) For all industrial dischargers, any failure to accurately report noncompliance;
(8) For all industrial dischargers, any other violation or group of violations which the Director determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(g) Injunctive Relief. In addition to pursuing the remedies and penalties set forth above, the Law Director may seek injunctive or other remedies when a Discharger has violated or continues to violate the provisions of this ordinance, a condition of the Discharger's permit or an order issued this Chapter.
(h) If any provision, paragraph, word, or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words and sections shall continue in full force and effect.