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Summit County Overview
Codified Ordinances of Summit County, OH
CODIFIED ORDINANCES
CERTIFICATION
ROSTER OF OFFICIALS
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - ENVIRONMENTAL SERVICES CODE
TITLE ONE - Highways
TITLE THREE - Water
TITLE FIVE - Sewers and Wastewater
CHAPTER 920 Definitions
CHAPTER 921 Sewers Generally
CHAPTER 923 Fees and User Charge System
CHAPTER 925 Industrial Pretreatment
925.01 PURPOSE.
925.02 ADMINISTRATION.
925.03 LIMITATIONS ON WASTEWATER STRENGTH.
925.04 COUNTY SUPPLEMENTAL LIMITATIONS.
925.05 DILUTION.
925.06 PRETREATMENT FACILITIES.
925.07 ADDITIONAL PRETREATMENT MEASURES.
925.08 BYPASS.
925.09 ACCIDENTAL DISCHARGES.
925.10 HAULED WASTEWATER.
925.11 INDIVIDUAL WASTEWATER DISCHARGE PERMIT-- REQUIREMENTS.
925.12 INDIVIDUAL WASTEWATER DISCHARGE PERMIT-- EXISTING CONNECTIONS.
925.13 INDIVIDUAL WASTEWATER DISCHARGE PERMIT--NEW CONNECTIONS.
925.14 INDIVIDUAL WASTEWATER DISCHARGE PERMIT APPLICATION.
925.15 APPLICATION SIGNATORIES AND CERTIFICATIONS.
925.16 INDIVIDUAL WASTEWATER DISCHARGE PERMIT DECISIONS.
925.17 PERMIT DURATION.
925.18 INDIVIDUAL WASTEWATER DISCHARGE PERMIT CONTENTS.
925.19 PERMIT MODIFICATION.
925.20 INDIVIDUAL WASTEWATER DISCHARGE PERMIT TRANSFER.
925.21 INDIVIDUAL WASTEWATER DISCHARGE PERMIT REVOCATION.
925.22 INDIVIDUAL WASTEWATER DISCHARGE PERMIT REISSUANCE.
925.23 REGULATION OF WASTEWATER RECEIVED FROM OTHER JURISDICTIONS.
925.24 BASELINE MONITORING REPORTS.
925.25 COMPLIANCE SCHEDULE PROGRESS REPORTS.
925.26 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE.
925.27 PERIODIC COMPLIANCE REPORTS.
925.28 REPORTS OF CHANGED CONDITIONS.
925.29 REPORTS OF POTENTIAL PROBLEMS.
925.30 REPORTS FROM UNPERMITTED USERS.
925.31 NOTICE OF VIOLATION: REPEAT SAMPLING AND REPORTING.
925.32 WASTEWATER ANALYSIS.
925.33 MONITORING.
925.34 SAMPLE COLLECTION.
925.35 DATE OF RECEIPT OF REPORTS.
925.36 RECORD KEEPING.
925.37 CERTIFICATION STATEMENTS.
925.38 RIGHT OF ENTRY: INSPECTION AND SAMPLING.
925.39 SEARCH WARRANTS.
925.40 CONFIDENTIAL INFORMATION.
925.41 ENFORCEMENT.
925.42 NOTICE OF VIOLATION.
925.43 CONSENT ORDERS.
925.44 DIRECTOR'S AND SHOW CAUSE HEARINGS.
925.45 COMPLIANCE ORDER.
925.46 CEASE AND DESIST ORDER.
925.47 ADM1NISTRATIVE FINES.
925.48 EMERGENCY SUSPENSION OF SERVICE.
925.49 TERMINATION OF DISCHARGE.
925.50 INTERPRETATION OF REGULATIONS.
925.51 INJUNCTIVE RELIEF.
925.52 CIVIL PENALTIES.
925.53 CRIMINAL PROSECUTION.
925.54 REMEDIES NONEXCLUSIVE.
925.55 ANNUAL PUBLICATION OF ENFORCEMENT ACTIONS.
CHAPTER 926 Tributary Community Discharge
CHAPTER 927 Sewer Construction Standards
TITLE SEVEN - Riparian Setbacks
TITLE NINE - Storm Water Management Program
PART ELEVEN - SUBDIVISION REGULATIONS
PART THIRTEEN - BUILDING CODE
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925.30 REPORTS FROM UNPERMITTED USERS.
   All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
(Ord. 2008-375. Adopted 9-29-08.)
925.31 NOTICE OF VIOLATION: REPEAT SAMPLING AND REPORTING.
   If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Re-sampling by the industrial user is not required if the County performs sampling at the user's facility at least once a month, or if the County performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the user or the County receives the results of this sampling, or if the County performed the sampling and analysis in lieu of the industrial user.
(Ord. 2008-375. Adopted 9-29-08.)
925.32 WASTEWATER ANALYSIS.
   (a)    When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within ninety (90) calendar days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
   (b)   All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136, as amended, unless otherwise specified in an applicable categorical pretreatment standard. The Director is authorized to require, at his or her discretion, one or all of the approved techniques as set forth above. If Part l36 does not contain sampling or analytical techniques for the pollutant in question, or where the OEPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by OEPA.
(Ord. 2008-375. Adopted 9-29-08; Ord. 2012-261. Adopted 6-25-12.)
925.33 MONITORING.
   (a)    Each SIU or other discharger designated by the Director shall provide and operate, at the user's expense, a monitoring facility to allow for the inspection, sampling, and flow measurement of each commercial or industrial wastewater discharge. Each monitoring facility shall be situated on the user's premises, except when otherwise approved by the Director. There shall be ample room in or near each monitoring facility to allow sample collection and preparation. The facility and equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days of receipt of written notice from the Director directing the user to construct the facilities unless otherwise specified by the Director.
   (b)    All users, if directed by the Director, shall have an inspection and sampling manhole with an opening of no less than twenty-four (24) inches in diameter and an internal diameter of no less than forty- eight (48) inches that contains flow measurement, recording and/or sampling equipment as may be required by the County to ensure compliance with this Chapter. The structure may be utilized by the user for the user's monitoring program if approved by the Director. The user shall obtain all required permits prior to construction of a monitoring facility.
   (c)    SIUs shall be responsible for the collection and testing of self monitoring samples as specified in the user's permit. All tests shall be done in accordance with approved laboratory standards. A copy of the results shall be forwarded directly to the Industrial Pretreatment Section at the Department of Sanitary Sewer Services. Samples shall be representative of the industrial wastewater. Care shall be exercised in the collection of samples to ensure that each sample is preserved in accordance with 40 C.F.R. Section l36.3(e).
   (d)    The frequency of monitoring by SIUs shall be as specified in the applicable national categorical pretreatment standards or at intervals determined by the Director. If pollutant concentration in the discharge varies significantly, or if the likelihood of a pollutant slug is so great that a “grab” sample of the wastewater is not representative of the wastewater, the County may require the installation of flow-proportional or time-proportional composite samplers.
(Ord. 2008-375. Adopted 9-29-08; Ord. 2015-555. Adopted 12-14-15.)
925.34 SAMPLE COLLECTION.
   Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
   (a)    Except as indicated in subsections (b) and (c) of this Section, the user must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Director. Where time proportional composite sampling or grab sampling is authorized by the County, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate OEPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved OEPA methodologies may be authorized by the County, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
   (b)    Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
   (c)    For sampling required in support of baseline monitoring and 90 day compliance reports required in Sections 925.24 and 925.26 of this Chapter [40 C.F.R. Sections 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by paragraphs Section 925.27 of this Chapter [40 C.F.R. Sections 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
      (Ord. 2008-375. Adopted 9-29-08.)
925.35 DATE OF RECEIPT OF REPORTS.
   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. 2008-375. Adopted 9-29-08.)
925.36 RECORD KEEPING.
   Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with BMPs established under Section 925.04(f) of this Chapter. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the County, or where the user has been specifically notified of a longer retention period by the Director.
(Ord. 2008-375. Adopted 9-29-08.)
925.37 CERTIFICATION STATEMENTS.
   (a)    Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 925.14 of this Chapter; users submitting baseline monitoring reports under Section 925.24(b)(5) of this Chapter (See, 40 C.F.R. Section 403.12 (l)); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 925.26 of this Chapter (See, 40 C.F.R. Section 403.12(d)); Users submitting periodic compliance reports required by Section 925.27(a) through (d) of this Chapter (See, 40 C.F.R. Sections 403.12(e) and (h)); and Users submitting an initial request to forego sampling of a pollutant on the basis of Section 925.27(b)(4) of this Chapter (See, 40 C.F.R. Section 403.12(e)(2)(iii)). The following certification statement must be signed by an authorized representative as defined in Section 920.02(a)(5):
“I certify 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 gather and evaluate 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.”
   (b)    Annual Certification for Non-Significant Industrial Users. A facility determined to be a NSIU by the Director pursuant to Sections 920.02(a)(89) and 925.15(c) of this Chapter (See, 40 C.F.R. Section 403.3(v)(2)) must annually submit the following certification statement signed by an authorized or duly authorized representative of the user as defined by Section 920.02(a)(5) of this Chapter. (See, 40 C.F.R. Section 403.120(l)). This certification must accompany an alternative report required by the Director:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. Section ________, I certify that, to the best of my knowledge and belief that during the period from _______ , ________to ________ , __________ [months, days, year]:
(a)    The facility described as ______________________ [facility name] met the definition of a non-significant industrial user as defined by Section 920.02 (a)(89) of the Codified Ordinances of the County of Summit.
(b)    The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c)    The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
   This compliance certification is based on the following information:
   (c)    Certification of Pollutants Not Present. Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 C.F.R. Section ____________[specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______________[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 925.28(a) of the Codified Ordinances of the County of Summit.
(Ord. 2008-375. Adopted 9-29-08.)
925.38 RIGHT OF ENTRY: INSPECTION AND SAMPLING.
   (a)    The Director or his designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
   (b)    Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
   (c)    The Director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
   (d)    The Director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
   (e)    Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.
   (f)   Unreasonable delays in allowing the Director access to the user's premises (in excess of fifteen (15) minutes) shall be a violation of this Section and subject the user to prescribed penalties.
(Ord. 2008-375. Adopted 9-29-08.)
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