§ 51.016 AUTHORITY FOR CONTROL OF WASTEWATER DISCHARGES.
   (A)   If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated in §§ 51.028 and 51.029 and which in the judgment of the Village Administrator, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, including violation of applicable water quality standards, or which otherwise create a hazard to life or constitute a public nuisance, the Village Administrator may:
      (1)   Reject the wastes;
      (2)   Require pretreatment to an acceptable condition for discharge to the public sewers;
      (3)   Require control over the quantities and rates of discharge; and/or
      (4)   Require payment to cover the added cost of handling and treating the wastes under the provisions of §§ 51.155 through 51.167.
   (B)   All industrial wastes discharges to the public sewers by major contributing industries shall as a minimum meet the national pretreatment standards or best practical control technology currently available for incompatible pollutants as published in 40 C.F.R. part 129 unless the village is committed, in its NPDES permit, to remove a specified percentage of the incompatible pollutant. In those instances the applicable pretreatment standards may be correspondingly reduced to levels determined by the Administrator, or his or her duly authorized representative or state regulatory agencies.
   (C)   If the Village Administrator requires pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of the Village Administrator and state regulatory agencies and subject to the requirements of all applicable codes, ordinances and laws.
    (D)   (1)   Pursuant to the policy of the Ohio Environmental Protection Agency, infiltration/inflow (I&I) credits from the village are available for reservation on a first-come, first-serve basis. If I&I credits are available, and after recommendation of the village water and sewer committee, and approval of the Village Council, the village will reserve them for a development effective on the date the sanitary sewer plans for the development are approved by the village, contingent on approval by the Ohio Environmental Protection Agency. If I&I credits are not available, the development will be placed on a standby list until I&I credits become available. Developments will be placed on the standby list in the order in which the sanitary sewer plans for each development were approved by the village and developments will be allocated I&I credits as they become available in the same order.
      (2)   I&I credits which are not used within one year after the same are reserved will be subject to the following: all or part of the credits which remain unused shall revert to the village upon request of the Village Administrator and upon the approval of the Village Council in the event other requests have been made for the same credits and the developer or person reserving said credits has not provided adequate assurances that the sanitary sewers will be completed within six months; or upon insolvency, bankruptcy or termination of the development or project; or in the event the Ohio EPA modifies its rules and regulations relative to the use of such credits. The developer or property owner shall sign any and all documents required to return such credits to the village.
(Ord. 78-4, passed 2-13-1978; Ord. 92-20, passed 9-28-1992; Ord. 2003-29, passed 8-11-2003)