923.07 SEPTAGE RECEIVING.
   (a)   General Requirements for Registration and Use.  
      (1)   All users of the facility are required to submit to the Director, on or before July 30th of each year, a registration for septage handlers/pumpers (or similar document) issued by the Wayne County Health Department or other appropriate Ohio health department. Failure to produce the required registration will result in immediate suspension of the users disposal privileges at the Septage Receiving Facility (“SRF”).
      (2)   Each user must submit an application on the designated form and pay an annual non-refundable application fee as outlined on the Schedule of Fees and Charges.
      (3)   Entrance into the SRF will be by means of an electronic key card system. One card will be assigned to each truck. This card will be used to open the security gate at the SRF.
         A.   The Director will charge a card fee as indicated on the Schedule of Fees and Charges for each card issued, as well as any replacements thereof, including upgrades to the card system.
         B.   All truck drivers/owners will be required to register with the Director. A copy of the driver/owner’s drivers license shall be kept on file by the Director until such time as the driver is no longer employed by the owner. From time to time the Director may ask for verification of the current license on file. The Director may conduct or cause to be conducted a criminal background check of all truck persons/drivers. Additionally, each driver may be photographed and fingerprinted.
         C.   No card will be issued to any person for whom there is an active warrant, or who has been convicted of a felony or any crime of dishonesty or false statement, including but not limited to theft, receiving stolen property, or falsification.
         D.   Upon termination of a driver’s employment with the company, it is the responsibility of the driver’s employer to promptly inform the Director of that fact, and to do so no later than the day of such termination.
         E.   It will be a violation of these regulations for a user to share cards between trucks unless a specific written exemption is granted by the Director in advance thereof.
      (4)   Each user vehicle shall have the proper fittings to be compatible with the influent line for the SRF.
      (5)   Each user shall maintain the SRF in a clean and orderly manner during and after use.
      (6)   Each user must properly complete a waste manifest form and deposit it at the designated receptacle at the SRF.
      (7)   All persons using the SRF are required to familiarize themselves with the provisions of Chapter 923 of the Codified Ordinances of the City of Wooster, the provisions of which are incorporated herein by reference.
      (8)   All persons are charged with liability under these regulations for the acts and omissions of any person acting as their agent, assign, employee or subcontractor whether or not that agent, assign, employee or subcontractor is acting within the scope of their authority.
      (9)   The Director may develop additional administrative policies governing the operation of the SRF to ensure proper, reliable and orderly operation.
   (b)   Restrictions on Waste That Will Be Accepted by the Facility.
      (1)   Only domestic waste or septage will be accepted at the SRF, except as specified in subsection (c) hereof.
      (2)   For purposes of these regulations, each user shall be bound to observe the prohibitions set forth in Section 923.04 of the Codified Ordinances of the City of Wooster.
      (3)   The Director maintains the right to refuse waste at any time if, in his/her opinion the waste has the potential to cause an upset or interference with the plant operations; or may cause a violation of the plant’s discharge permit; or is otherwise in violation of the rules and regulations of the SRF or plant.
      (4)   City personnel may, at their discretion, sample each load of waste either by manual grab or by the use of automatic discrete sampling.
      (5)   The Director shall regulate the acceptance of any waste that any person desires to discharge to the facility pursuant to the criteria set forth in Section 923.04 of the Codified Ordinances of the City of Wooster including, but not limited to, requiring payment by the user causing said discharge to cover the added cost of handling and treatment of the waste.
      (6)   Rates will be charged to the owner of the access card. Fees are as listed on the Schedule of Fees and Charges.
   (c)   Special Procedure Regarding Commercial/Industrial Waste.
      (1)   Commercial/industrial waste will be accepted under limited circumstances as follows:
         A.   Only industrial or commercial waste preapproved by the Director will be accepted.
         B.   Only non-hazardous waste will be accepted.
         C.   All materials brought into the SRF shall comply with all federal and state regulations for trucked waste.
         D.   All commercial/industrial loads coming to the SRF are required to pass a toxicity test prior to approval for discharge.
         E.   Times for sampling and discharge must be arranged prior to bringing the load to the plant site. The sample taken at this time must pass the toxicity test in order to be accepted for discharge.
         F.   The Director may require the user/person to submit all MSDS sheets for chemicals used at the commercial/industrial site of origin.
   (d)   Insurance Requirements. Each user of the SRF shall provide a Certificate of Insurance naming the City of Wooster as an additional insured for coverage in the increments specified herein. Such Certificate shall also contain a provision that the Director is entitled to no less than fifteen (15) days advance notice before the certification of coverage will be cancelled.
      (1)   Proof of current Workers’ Compensation coverage.
      (2)   Commercial General Liability Insurance.
         A.   General Aggregate Limits of $1,000,000.00.
         B.   Products - Completed Operations Aggregate Limit of $1,000,000.00.
         C.   Each Occurrence Limit of $1,000,000.00.
      (3)   Pollution Liability Aggregate Limit of $1,000,000.00.
      (4)   Comprehensive Automobile Liability Insurance.
         A.   Bodily Injury and Property Damage Liability Limit.
         B.   Aggregate Limit of $1,000,000.00.
         C.   Each Occurrence Limit of $1,000,000.00.
      (5)   User agrees to keep and hold the City of Wooster harmless from and against all costs, damages, claims or expenses it may sustain in its operation as a waste hauler.
   (e)   Billing.
      (1)   The owner of the access card will be invoiced as a customer of the City of Wooster sewer system. The payment and billing procedures of Section 923.14 of the Codified Ordinances of the City of Wooster shall apply.
      (2)   Payments will be due upon receipt of the invoice.
      (3)   Failure to maintain the account in good standing will result in the disabling of the owners access card(s) until all charges and late fees are paid in full.
   
   (f)   Violations of Septage Receiving Provisions.
      (1)   Anyone who violates any section of these provisions is subject to the penalty provisions contained in Section 923.99.
      (2)   Anyone who violates any section above will be notified in writing of the violation and will be required to respond to the Director in writing of:
         A.   The reason for the violation.
         B.   Steps to prevent future violations.
      (3)   May have their access card disabled until:
         A.   The Director is assured that the violations were unintentional and are unlikely to happen in the future.
         B.   The Director is assured that any damages or legal liabilities stemming from the violations are resolved in full with the owner and/or their insurance carrier.
         C.   The Director may order permanent disablement of the access card and bar the owner from any future use of the system if no response as required above is received and/or the driver/owner acts in a recalcitrant manner in the course of the City’s attempts to resolve the violations.
            (Ord. 2011-21. Passed 9-6-11.)