HomeMy Public PortalAbout046-2019 - Reapproval of Sewer Use Ordi...cement Response Plan - Ord 15-2017CITY OF RICHMOND, INDIANA
ORDINANCE 46-2019
A GENERAL ORDINANCE AMENDING CHAPTER 54 OF RICHMOND CITY CODE
AND ADOPTING AN ENFORCEMENT RESPONSE GUIDE
WHEREAS, The City of Richmond Common Council (the "Council") adopted Chapter 54
providing for sewer usage for Richmond; and
WHEREAS, The City of Richmond's National Pollutant Discharge Elimination System
(NPDES) permit requires a re-evaluation of the City's mandated pretreatment
program, including an Enforcement Response Guide (ERG); and
WHEREAS, Technical re-evaluation of the City's local limits is required as part of this re-
evaluation, as well as adoption of streamlining regulations of federal law; and
WHEREAS, It now becomes necessary to amend Chapter 54 et seq., for the continued
protection of the public health, safety, and welfare of the citizens of Richmond;
and
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that
Chapter 54 of the Richmond Code is amended as follows:
CHAPTER 54: SEWER USAGE
SECTION
General Provisions
54.01 Purpose
54.02 Definitions
User of Public Sewers Required
54.03 Unlawful Deposits
54.04 Certain Waters Prohibited
54.05 Removal of Unpolluted Waters from Treatment Facility
54.05 Privy Vaults, Septic Tanks, and Cesspools Prohibited
54.07 Connection to Public Sewers Required
54.08 Discharge of Wastewater to Natural outlets
Private Sewer Systems
54.09 Intentionally left blank
54.10 Intentionally left blank
Buildinq Sewers and Connections
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54.11 Intentionally left blank
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54.26 Intentionally left blank
54.27 Intentionally left blank
54.28 Intentionally left blank
54.29 Connection of Sources of Surface Run-off Prohibited
54.30 Connection of Floor Drain or Pit Drain Prohibited
54.31 Intentionally left blank
54.32 Damage to Facilities
Extension of Interceptor Sewers outside District Limits
54.33 Authority of Board; Compliance with Ordinances and State Law
54.34 Permit Required
54.35 Septic Tank Wastes
54.36 Additional Connections not Mandatory
54.37 Rules and Regulations of the District
Use of the Public Sewers
54.38 Groundwater/Soil Remediation Activity
54.39 Prohibited Waters and Wastes
54.40 Remedies for Prohibited Discharges; Authority of Director
54.41 Test and Analysis Standards
54.42 Maintenance of Preliminary Treatment Facilities
54.43 Monitoring Manhole
54.44 Grease, Oil, and Sand Interceptors
54.46 Samples to be Taken for Measurements
54.47 Persons Required to Provide Monitoring Manholes
54.48 New Connections
54.49 Deposit of Wastewaters
Industrial Waste Charges
54.50 Sewer Service Surcharge
54.51 Determination of Surcharge
54.52 Industrial Discharge Permit and General Permit, and Continuation of Expired Permits
64.53 Testing Requirements
54.54 Billing, Procedure
54.55 Contract Method
54.56 Billing on a Regular Basis
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54.57 Reports
Miscellaneous Provisions
54.58 Pretreatment of Industrial Wastes; National Categorical Pretreatment Standards
54.59 Pretreatment Facilities to be Approved by District
54.60 certain Unpolluted waters Prohibited
54.61 Strength of Discharge Used to Establish Charges
54.62 Intentionally left blank
54.63 Accidental Discharges/Slug Discharges
54.64 Dilution
54.65 Notice to Employees
54.66 Upsets; Bypass
54.67 Record Retention
54.68 Annual Publication of Significant Noncompliance
54.69 confidential Information
Power and Authority of Inspectors
54.70 Proper Credentials or Identification Required
54.71 Right of Entry
54.72 Safety Standards
54.73 Entry, Work to be in Accordance with Easement
Notices
54.74 Notifications
Enforcement and Remedies
54.75 Administrative Enforcement/Remedies
54.76 Consent Orders
54.77 Show Cause Hearings
54.78 Administrative Compliance Orders
54.79 Cease and Desist Orders
54.80 Administrative Fines
54.81 Emergency Suspensions
54.82 Termination of Discharge
54.83 Judicial Enforcement Remedies
54.84 Remedies Nonexclusive
54.85 Violator to Pay Damage
54.86 Administrative Appeal
54.87 Falsifying Information
54.88 Statutory Authority
I nterpretation
54.89 Severability
54.90 Compliance with State or Federal Requirements
54.91 Applicable Standards
GENERAL PROVISIONS
54.01 PURPOSE
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This Chapter sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the Richmond Sanitary District and enables the District to comply with
all applicable State and Federal Laws required by the Clean Water Act of 1977 as amended and the
General Pretreatment regulations (40 CFR Part 403).
The objective of this Chapter is:
(a) To prevent the introduction of pollutants into the municipal wastewater treatment system
which will interfere with the operation of the system or contaminate the resultant sludge.
(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, into receiving waters or otherwise be incompatible with
the system.
(c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
(d) To protect both Publicly owned Treatment Works personnel who may be affected by
wastewater and sludge in the course of their employment, and the general public.
(e) To enable the District to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other Federal or State laws to
which the Publicly Owned Treatment Works is subject.
Except as otherwise provided herein, the Richmond Sanitary District Director shall administer, implement,
and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director
may be delegated by -the Director to other District personnel.
54.02 DEFINITIONS
For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
(a) "ACT" -- The Federal Water Pollution Control Act (PL 92-500) as amended by the Clean
Water Act (PL 95-217) of 1977. (Ord. 38-1985)
(b) "APPROVAL AUTHORITY" -- The Regional Administrator of Region V of the United States
Environmental Protection Agency (EPA). (Ord. 38-1985, Ord.15-2017)
(c) "APPLICABLE PRETREATMENT STANDARD" -- Any pretreatment limit or prohibitive
standard (Federal, State and/or local) contained in the Chapter and considered to be the most
restrictive with which non -domestic Users will be required to comply. (Ord. 93--2002)
(d) "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER" --
(1) If the User is a corporation:
(a) The president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who performs similar
policy or decision -making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities,
provided the manager is authorized to make management decisions that govern
the operation of the regulated facility including having the explicit or implicit duty of
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making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
wastewater discharge permit requirements; and where the authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2) If the User is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the User is a Federal, State, or local governmental facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate another
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the Director.
(e) "Best Management Practices" (BMP)As defined in 40 CFR Part 403.3(e), schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices to
implement the general and specific prohibitions listed in 403.5(a)(1 a) and (b). BMPs also include
treatment requirements, operating procedures, and practices to control plant site runoff, spillage
or leaks, sludge waste disposal, or drainage from raw materials storage.
(f} "BIOCHEMICAL OXYGEN DEMAND" (BOD)-- The quantity of oxygen utilized in the
biochemical oxidation of organic matter using standard laboratory procedures in five days at 20°
C, and usually expressed as a concentration (milligrams per liter). (Ord. 93-2002)
(g) "CATEGORICAL INDUSTRIAL USER" -- - An Industrial User subject to a categorical
Pretreatment Standard or Categorical Standard.
(h) "CATEGORICAL PRETREATMENT STANDARD" - - See Definitions 54.02 (pp)
W "CHEMICAL OXYGEN DEMAND" - - A measure of the oxygen required to oxidize all
compounds, both organic and inorganic in water.
0) "COMBINED SEWER" -- The sewer intended to carry sanitary and industrial waste waters
from residences, commercial buildings, industrial plants, institutions, and also to carry storm
waters, surface runoff, street wash waters, and drainage. (Ord. 54-1981 )
(k) "COMMERCIAL USER" -- Any person owning an establishment offering lodging, selling
goods (either retail or wholesale), or offering services for sale and contributing an average
monthly flow in excess of 10,000 gallons. (Ord. 93-2002)
(1) "COMPATIBLE POLLUTANT" -- BOD, TSS, pH, fecal coliform bacteria, and any additional
pollutants as are now or may be in the future specified and controlled in the city's NPDES permit
for its wastewater treatment works where the works have been designed and used to reduce or
remove the pollutants to a substantial degree. (Ord. 93-2002)
(m) "COMPOSITE SAMPLE" -- A composite sample should contain a minimum of four discrete
samples taken at equal time intervals over the compositing period or proportional to the flow rate
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over the compositing period. More than the minimum number of discrete samples will be required
where the wastewater loading is highly variable.
(n) "CONTROL AUTHORITY" - - The City of Richmond, Indiana, Richmond Sanitary District by
and through its Board of Sanitary Commissioners and/or its Director.
(o) "DAILY DISCHARGE" -- Discharge of a pollutant, measured during a calendar day or any 24-
hour period, that reasonably represents a normal working day. (Ord. 93-2002)
(p) "DAILY MAXIMUM" - - The arithmetic average of all effluent samples for a pollutant collected
during a calendar day.
(q) "DAILY MAXIMUM LIMIT" - - the maximum allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is
the total mass discharged over the course of the day. Where Daily Maximum Limits are
expressed in terms of concentration, the daily discharge is the arithmetic average measurement
of the pollutant concentration derived from all measurements taken that day.
(r) "DIRECTOR" -- The duly appointed and qualified Director of the Richmond Sanitary District or
his authorized deputy, agent, or representative. (Ord. 54-1981)
(s) "DISTRICT" -- The Sanitary District of the City, acting by its duly -constituted Board of Sanitary
Commissioners or their authorized representatives. (Ord. 54-1981)
(t) "DOMESTIC USER" -- All persons owning residential dwellings which discharge primarily
domestic wastes or wastes from sanitary conveniences. (Ord. 54-1981)
(u) "DOMESTIC WASTE" -- Liquid wastes from the non-commercial preparation, cooking, and
handling of food or containing human excrement and similar matter from the sanitary
conveniences of dwellings, commercial buildings, industrial facilities, and institutions. (Ord. 54-
1981)
(v) "EASEMENTS" -- An acquired legal right for the specific use of land owned by others. (Ord.
54-1981)
(w) "ENVIRONMENTAL PROTECTION AGENCY OR EPA" - -- The U.S. Environmental
Protection Agency or, where appropriate, the Regional water Management Division Director, The
Regional Administrator, or other duly authorized official of said agency.
M "EXISTING SOURCE" - Any source of discharge, the construction or operation of which
commenced prior to the publication of proposed categorical pretreatment standards which will be
applicable to such source if the standard is thereafter promulgated in accordance with Section
307 of the Act. (Ord. 93-2002)
(y) "FECAL COLIFORM" -- Any of the number of organisms common to the intestinal tract of
man and animals, whose presence is an indicator of pathogenic microorganisms.
(z) "FLOATABLE OIL" -- Oil, fat, or grease in a physical state, such that will separate by gravity
from wastewater by treatment in a pretreatment facility approved by the city. (Ord. 54-1981)
(aa) "GARBAGE" -- Solid wastes from the domestic and commercial preparation, cooking, and
dispensing of food, and from the handling, storage, and sale of produce. (Ord. 54-1981)
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(bb) "GOVERNMENTAL USER" -- Any User who represents some function of local, regional,
state, or federal government and who discharges primarily segregated domestic waste or waste
from sanitary conveniences. (Ord. 54-1981)
(cc) "GRAB SAMPLE" -- A sample which is taken from a wastestream with no regard to the flow
in the wastestream, and within a time period of 15 minutes or less.
(dd) "INCOMPATIBLE POLLUTANT" -- Any pollutant which is not a "compatible pollutant." (Ord.
54-1981)
(ee) "INDIRECT DISCHARGE" or "DISCHARGE" -- The introduction of pollutants into the POTW
from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
R "INDUSTRIAL USER" or "USER" -- Any source of an indirect discharge.
(gg) "INDUSTRIAL WASTES" -- Any solid, liquid, gaseous waste, or heat resulting from any
process or excess energy of industry, manufacturing trade, or business, or from the development,
processing, or recovery of any natural resource, as distinct from industrial employees' domestic
wastes or wastes from sanitary conveniences (normal domestic sewage). (Ord. 54-1981)
(h h) "INFILTRATION" -- Any water other than wastewater that enters a sewage system from the
ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration
does not include, and is distinguished from, "inflow." (Ord. 54-1981)
(ii) "INFILTRATION 1 INFLOW" -- That total quantity of water from both infiltration and inflow
without distinguishing the source. (Ord. 54-1981)
OD "INFLOW" -- Any water other than wastewater, that enters a sewage system from sources
such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from
springs and swampy areas, manhole covers, cross connections between storm sewers and
sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, "infiltration." (Ord. 54--1981)
(kk) "INSTANTANEOUS LIMIT" - - The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composite sample
collected, independent of the industrial flow rate and the duration of the sampling event.
(II) "INSPECTOR" -- The person or persons duly authorized by the Board of Sanitary
Commissioners to inspect and approve the installation of building sewers and their connection to
the public sewer system. (Ord. 54--1981)
(mm) "INTERFERENCE" -- "Interference" means a discharge that, alone or in conjunction with a
discharge or discharges from other sources, does one (1) of the following: (1) Inhibits or disrupts
the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use
or disposal methods; (2) Causes a violation of any requirement of the POTW's N PDES permit,
including an increase in the magnitude or duration of a violation; (3) Prevents the use of the
POTW's sewage sludge or its sludge disposal method selected in compliance with the following
statutory provisions, regulations, or permits issued thereunder or more stringent state or local
regulations: (A) Section 405 of the Clean Water Act (33 U.S.C. 1345). (B) The Solid Waste
Disposal Act (SWDA) (42 U.S.C. 6901), including: (i) Title 11, more commonly referred to as the
Resource Conservation and Recovery Act (RCRA); and (ii) the rules contained in any state
sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. 6941). (C) The
Clean Air Act (42 U.S.C. 7401). (D) The Toxic Substances Control Act (15 U.S.C. 2601). (E) The
Marine Protection, Research and Sanctuaries Act (33 U.S.C.,1401)
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Local Limits -- "Local Limits" are wastewater limitations that discharge to a publicly owned
treatment works (POTW) (40 CFR 403.3 (q)). Local limits are developed to meet the
pretreatment program objectives and site -specific needs of the local POTW and the receiving
stream.
Local limits control the pollutants in the wastewater discharges from commercial and industrial
facilities and apply at the "end -of -pipe" from the facility. The regulations under 40 CFR 403.5(d)
give the POTW the authority to enforce its local limits.
(nn) "MAHL (Maximum Allowable Headworks Loading)" means the maximum loading of a given
pollutant that the POTW can accept without causing an exceedance of the most Iimiting of the
following restrictions:
(1) POTW upset limits (activated sludge and/or anaerobic digestion);
(2) Pass --through limits (either NPDES discharge limits or water quality objectives);
(3) Sludge disposal limits;
(4) POT/1/ design capacity limits. (Ord. 72-2007)
(oo) "MAIL (Maximum Allowable Industrial Headworks Loading)" means the maximum loading of
a given pollutant that can be discharged by the sum total of all industrial users without causing an
exceedance of the most limiting of the following restrictions:
(1) POTW upset limits (activated sludge and/or anaerobic digestion);
(2) Pass --through limits (either NPDES discharge limits or water quality objectives);
(3) Sludge disposal limits;
(4) POTW design capacity limits. (Ord. 72-2007)
(pp) "NATIONAL CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL
STANDARD" -- Any regulation containing pollutant discharge limits promulgated by EPA in
accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to specific
category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(qq) "NPDES PERMIT' -- The permit issued to the Richmond (William Edwin Ross) Wastewater
Treatment Plant Wayne County under the National Pollutant Discharge Elimination System for
discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of
the Federal Water Quality Act Amendments of 1972 (Public Law 92-500). (Ord. 54-1981)
(rr) "NATURAL OUTLET" --- Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or any other body of surface or groundwater. (Ord. 54-
1981)
(ss) "NEW SOURCE" --
(1) Any building, structure, facility, or installation from which there is, or may be, a
discharge of pollutants, the construction of which commenced after the publication of.
proposed pretreatment standards under Section 307(c) of the Act which will be applicable
to such source if such standards are thereafter promulgated in accordance with that
section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which
no other source is located; or
(b) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source, or
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(c) The production _or wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an existing source at the
same site. To determine if the new wastewater generating process is
substantially independent of an existing source at the same site, certain factors
should be considered. These factors include the extent to which the new facility
is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source.
(2) Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new building, structure,
facility, or installation meeting the criteria of Section (1 )(b) or (c) above but otherwise
alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
(a) Begun, or caused to being, as part of a continuous onsite construction
program
(i) any placement, assembly, or installation of facilities or equipment, or
(ii) significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is necessary
for the placement, assembly, or installation of new source facilities or
equipment; or
(b) Entered into a biding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable
time. options to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this paragraph.
(tt) "NOV" — Notice of Violation is the initial formal enforcement action for a violation
(uu) "OIL and GREASE" --
(1) Non -polar oil and Grease — Total Petroleum Hydrocarbons (TPH) oil and grease.
Petroleum or mineral oil based products.
(2) Polar oils and grease - Processed vegetable and animal origin fats and oils that are
commonly found in food based prod uctslindustries. These substances must not solidify or
become viscous at temperatures between 321 F and 1500 F (0" C and 651 C) (Ord. 93-
2002; Ord. 15-2017)
(vv) "OTHER WASTES" -- Garbage, refuse, wood residues, sand, lime, cinders, ashes, offal,
night soil, silt, , tar, dyestuffs, acids, chemicals, disposable wipes and all other substances, not
sewage or industrial waste, which discharge would cause pollution or cause damage or blockage
to sewers. (Ord. 54-1981; Ord. 15--2017)
(ww) "pH" --- The logarithm of the reciprocal of the concentration of hydrogen ions expressed in
grams per liter of solution as determined under standard laboratory procedure. (Ord. 54-1981)
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(xx) "PASS THROUGH" -- A discharge which exits the POTW into waters of the United States in
quantities or concentration which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the District's NPDES permit,
including an increase in the magnitude or duration of a violation.
(yy) "PERSON" -- Any individual, partnership, co --partnership, firm, company, corporation,
association, trust, estate, political subdivision, state agency, or any other legal entity or their legal
representative, agent or assigns legally capable of owning property in the state: (Ord. 54-1981)
(zz) "POLLUTANT" -- Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). The term includes sewage,
industrial waste, and other waste.
(aaa) "PRETREATMENT" — "Pretreatment" means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior
to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction
or alteration may be obtained by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 403.6(d). (Ord. 54-1981, Ord 15-2017)
(bbb) "PRETREATMENT REQUIREMENTS" -- Any substantive or procedural requirement
related to pretreatment, other than a pretreatment standard imposed on an Industrial User. (Ord.
38-1985)
(ccc) "PRETREATMENT STANDARDS" or "STANDARDS" -- Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local limits.
(ddd) "PROHIBITED DISCHARGE STANDARDS" or " PROHIBITED DISCHARGES" -- Absolute
prohibitions against the discharge of certain substances; these prohibitions appear in 54.39 of this
Chapter
(eee) "PUBLIC SEWER" -- A sewer in which all owners of abutting properties have equal rights,
and is controlled by a public authority, or owned by the Sanitary District. (Ord. 54-1981)
M) "POTW (PUBLICLY OWNED TREATMENT WORKS)" — "Publicly Owned Treatment Works"
means a treatment works as defined by Section 212 of the Clean Water Act (the ACT), which is
owned by a state or municipality (as defined by Section 502 (4) of the Act). This definition
includes any devices and systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other
conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means
the municipality as defined in section 502(4) of the ACT, which has jurisdiction over the Indirect
Discharges to and the discharges from such a treatment works. (Ord. 54-1981, Ord. 15--2017)
(ggg) "QUALIFIED PROFESSIONAL" -- An individual who is trained and experienced in
wastewater treatment, environmental compliance, or related fields as may be demonstrated by
state registration, professional certification, experience, or completion of coursework that enables
the individual to make sound, professional judgment regarding a facility's ability to comply with
federal, state, and local wastewater rules and regulations. (Ord. 72-2007)
(hhh) "REGIONAL ADMINISTRATOR" -- "Regional Administrator" means head of EPA Region 5
Office located in Chicago, 1L.
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(iii) "SANITARY SEWER" -- A sewer that carries wastewater, sanitary and industrial, together with
incidental land runoff, but to which storm, surface, and ground water are not intentionally
admitted. (Ord. 54-1981)
0J) "SEPTIC TANK WASTE" -- Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
(kkk) "SEWAGE" -- Water -carried human and related wastes from any source, together with
associated land runoff, sanitary and industrial wastewaters, and polluted cooling water, from
residences, commercial buildings, industrial plants, and institutions. The term includes sanitary
sewage, industrial sewage, and combined sewage. (Ord. 54-1981)
(III) "SEWER" -- A pipe or conduit for carrying either wastewater or land runoff, or both. (Ord. 54-
1981)
(mmm) "SHALL AND MAY" --
(1) "SHALL" -- is mandatory.
(2) "MAY" -- is permissive. (Ord. 54-1981)
(nnn) "SIGNIFICANT INDUSTRIAL USER (SIU)" --
(1) A User subject to categorical pretreatment standards, or
(2) A User that:
(a) Discharges an average of twenty-five thousand (25,000) gallons per day or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5) percent or more
of the average dry weather hydraulic or organic capacity of the POTW treatment
plant; or
(c) Is designated as such by the Director on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
(3) Upon finding that a User meeting the criteria in Subsection (2) has no reasonable
potential for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the Director may at any time, on their own initiative or in
response to a petition received from a User, and in accordance with the procedures in 40
CFR 403.8(f)(5), determine that such User should not be considered a Significant
Industrial User.
(000) "SLUG" --Any discharge at a flow rate or concentration which could cause a violation of the
prohibited discharge standards in 54.39 of this Chapter, or any discharge of a non -routine,
episodic nature, including but not limited to, an accidental spill or a non -customary batch
discharge. (Ord.93-2002)
(ppp) "STORM SEWER" -- A sewer intended to receive and convey only land runoff, ground
water, or unpolluted water from any source and to which sanitary or industrial wastes are not
intentionally admitted. (Ord. 93-2002)
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(qqq) "TOTAL SUSPENDED SOLIDS" JSS) -- Solids in a liquid suspension of water, sewage, or
other liquids and which are removable by laboratory filtering under standard laboratory procedure
(Ord. 93-2002)
(rrr) "TOXIC AMOUNT" -- concentrations of any pollutants or combination of pollutants, which
upon exposure to or assimilation into any organism will cause adverse effects, such as cancer,
genetic mutations, and physiological manifestations, as defined in standards issued pursuant to
Section 307 (a) of Public Law (92-500). (Ord. 93-2002)
(sss) "TOXIC POLLUTANTS" -- As defined in the Clean Water Act (PL 95-217), those pollutants,
or combinations of pollutants, including disease -causing agents, which, after discharge and upon
exposure, ingestion, inhalation, or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will, on the basis of information
available to the Director, cause death, disease, behavioral abnormalities, cancer, ,genetic
mutations, physiological malfunctions (including malfunctions in reproduction), or physical
deformations in the organisms or their offspring. (Section 502 (13)). "Toxic Pollutants" include,
but are not limited to the list of 126 Priority Pollutants, or any other list of total toxic organics. The
toxic substances of concern in the waste of a particular facility will depend on the raw materials,
products, and processes employed at that facility. (Ord. 93-2002)
(ttt) "UNPOLLUTED WATER" -- Water of quality equal to or better than the effluent criteria in
effect, or water that would not cause violation of receiving water quality standards and would not
be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
(Ord. 93-2002)
(uuu) "UPSET" -- An exceptional incident in which there is unintentional and temporary
noncompliance with categorical Pretreatment Standards because of factors beyond the
reasonable control of the Industrial User. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation. (Ord. 93--2002, Ord.
15-2017)
(vvv) "USER" — See "INDUSTRIAL USER"
(www) "VOLATILE ORGANIC MATTER" -- The material in the sewage solids transformed to
gases or vapors when heated at 550" C for sixty minutes under standard laboratory procedures.
(Ord..93-2002)
(xxx) "WASTEWATER" -- Treated or untreated liquid and water -carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities, manufacturing facilities and
institutions, together with any inflow and infiltration that may be present, which is discharged into
or permitted to enter the POTW. (Ord. 93-2002)
(yyy) "WATERCOURSE" -- A natural or artificial channel for the passage of water either
continuously or intermittently. (Ord. 93-2002)
(zzz) "WASTEWATER TREATMENT PLANT" or "TREATMENT PLANT" --- That portion of the
POTW which is designed to provide treatment of municipal sewage, industrial waste and
wastewater from manufacturing facilities. (Ord. 93--2002, Ord 15-2017)
USE OF PUBLIC SEWERS REQUIRED
Page 12 of 45
54.03 UNLAWFUL DEPOSITS
It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner
on public or private property within the Sanitary District or in any area under the jurisdiction of the District
any human or animal excrement, garbage, or other objectionable waste. (Ord. 54-1981) Penalty, see
54.75 through 54.85
54.04 CERTAIN WATERS PROHIBITED
No person shall discharge or cause to be discharged, or make a connection to discharge or cause to be
discharged to any sanitary sewer, either directly or indirectly, storm water, surface water, ground water,
roof runoff, downspouts, swimming pools, subsurface drainage, or noncontact cooling water, unpolluted
industrial process water, or other unpolluted waters. (Ord. 93-2002) Penalty, see 54.75 through 54.85
54.05 REMOVAL OF UNPOLLUTED WATERS FROM TREATMENT FACILITY
The Sanitary District shall require the removal of unpolluted waters from any wastewater collection or
treatment facility if removal is cost-effective and is in the best interest of all Users of the facilities. (Ord.
54-1981) Penalty, see 54.75 through 54.85
54.06 PRIVIES VAULTS SEPTIC TANKS AND CESSPOOLS PROHIBITED
Except as herein provided, it shall be unlawful for any person to construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility intended for the treatment of sewage or wastewater on any
property within the Sanitary District. (Ord. 54-1981) Penalty, see 54.75 through 54.85
54.07 CONNECTION TO PUBLIC SEWERS REQUIRED
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or
other purposes, located within the Sanitary District and abutting on any street, alley, or right-of-way in
which there is located a public sewer, is hereby required to connect the house, building, or property
directly with the public sewer in accordance with the provisions of this Chapter within three months after
the date of official notice to do so. In the event the building drain of the house, building, or property is
within 300 feet of a public sewer the owner shall be required to connect the building drain to the public
sewer; in the event the house, building, or property is at a distance greater than 300 feet from the public
sewer the owner may be required to connect at the discretion of the Board of Sanitary Commissioners,
provided that the wastewater treatment facility shall have the capacity to treat the waste of the house,
building, or parcel of real estate. (Ord. 54-1981) Penalty, see 54.75 through 54.85
54.08 DISCHARGE OF WASTEWATER TO NATURAL OUTLETS
No person shall discharge or cause to be discharged to any natural outlet any wastewater or deleterious
pollutants except where suitable treatment has been provided in accordance with provisions of this
Chapter and the NPDES permit. (Ord. 93-2002) Penalty, see 54.75 through 54.85
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54.29 CONNECTION OF SOURCES OF SURFACE RUN-OFF PROHIBITED
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected
directly or indirectly to a public sanitary sewer. (Ord. 54-1981) Penalty, see 54.75 through 54.85
54.30 CONNECTION OF FLOOR DRAIN OR PIT DRAIN PROHIBITED
(A) Except as provided in 54.44, no person shall connect any floor drain, pit drain, site drain, or
any other drain subject to receiving oil, grease, or gasoline to any sewer either directly or
indirectly. (Ord. 93-2002 Penalty, see 54.75 through 54.85
(B) Any drain subject to receiving oil, grease, gasoline, other flammable substances, excessive
solids, or sand in accordance with 54.44 shall connect only to a sanitary sewer unless specifically
authorized by the Director. (Ord. 93--2002)
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54.32 DAMAGE TO FACILITIES
Page 14 of 45
When a discharge of wastes causes an obstruction, damage, or any other impairment to the POTW,
Richmond Sanitary District may assess a charge against the IU and/or Septic Hauler for the work required
to clean and/or repair the sanitary sewer system and/or the POTW, and add such charge or charges to
the User's charges and fees. (Ord. 15-2017)
EXTENSION OF INTERCEPTOR SEWERS OUTSIDE DISTRICT LIMITS
54.33 AUTHORITY OF BOARD; COMPLIANCE WITH ORDINANCES AND STATE LAW
The installation, construction, or extension of interceptor sewers outside the corporate limits of the city,
shall be governed solely by the Board of Sanitary Commissioners and any connection to the interceptor
shall be subject to the provisions of 54.34 and I.C. 35-9-25--1 et seq. (Ord. 54-1981)
(A) Any existing significant industrial user located beyond the District limits and discharging into the
District sewer system shall submit a discharge permit application, in accordance with 54.52 below,
within ninety (90) days of the effective date of this Chapter, or in the case a valid permit exists and
does not violate any part of this Chapter, shall not have to re -apply until the permit expiration date.
New significant industrial users located beyond the District limits shall submit such applications to the
Director at least ninety (90) days prior to any proposed discharge into the POTW. (Ord. 93-2002)
(B) Alternately, the Director may enter into an agreement with the neighboring jurisdiction in which the
significant industrial user is located to provide for the implementation and enforcement of
pretreatment program requirements against said industrial user. (Ord. 93-2002)
54.34 PERMIT REQUIRED
Properties outside the territorial Iimits of the Sanitary District shall not be permitted connections to the
sewage utility until a permit has been obtained from the Board of Sanitary Commissioners. (Ord. 54-
1981)
54.35 SEPTIC TANK WASTES
(a) Septic tank and grease trap waste may be introduced into the POTW only at locations
designated by the Director, and at such times as are established �by the Director. Such waste
shall not violate 54.39 of this Chapter or any other requirements established by the Director. The
Director shall require septic tank and grease trap waste haulers to obtain wastewater discharge
permits.
(b) The Director shall require haulers of industrial waste to obtain wastewater discharge permits.
The Director may require generators of hauled industrial waste to obtain wastewater discharge
permits. The Director also may prohibit the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements of this Chapter.
(c) All waste haulers may discharge loads only at locations designated by the Director. No load
may be discharged without prior consent of the Director. The Director may collect samples of
each hauled load to ensure compliance with applicable standards. The Director may require the
industrial waste hauler to provide a waste analysis of any load prior to discharge.
(d) All waste haulers must provide a waste -tracking form for every hauled load. This form shall
include, at a minimum, the name and address of the waste hauler, names and addresses of
sources of waste, and volume of waste. The form shall be signed by a representative of the
source and a representative of the hauler.
Page 15 of 45
(e) Damage to facilities, see 54.32. (Ord. 15-2017)
54.35 ADDITIONAL CONNECTIONS NOT MANDATORY
No provision of this Chapter shall be interpreted to require the District to accept any additional
connections if there is insufficient capacity available in the POTW to accept or treat additional waste.
(Ord. 54-1981)
54.37 RULES AND REGULATIONS OF THE DISTRICT
(A) The Board of Sanitary Commissioners may issue a permit for the owner of real estate outside
the Sanitary District to connect to the public sewer system provided that the permit shall be
issued subject to rules and regulations of the Sanitary District relating to the connection to the
publicly -owned sewer of the private building sewer. These regulations shall be determined and
published by the Board and shall include a sewer tap fee, a User charge, and construction
criteria. The User charge shall be determined by the Board according to the laws of the state,
and the United States Environmental Protection Agency. (Ord. 54-1981)
(B) To the extent any User outside the limits of the District connects or discharges into the
POTW, the District shall have the same authority to regulate such User, including any Industrial
User, pursuant to the same provisions contained within this Chapter.
54.38 GROUNDWATER/SOIL REMEDIATION ACTIVITY
(A) It shall be unlawful for any user to discharge treated groundwater from a groundwater or soil
remediation system into the District's POTW without first obtaining a wastewater discharge permit
or general permit from the Director. Any violation of the terms and conditions of a wastewater
discharge permit or general permit shall be deemed a violation of this Chapter and subjects the
permittee to the enforcement and remedies set out in this Chapter. Obtaining a wastewater
discharge permit or general permit does not relieve a permittee of its obligation to comply with all
Federal and State pretreatment standards or requirements or with any other requirements of
Federal, State, and local law.
Any user proposing to begin or recommence discharging treated groundwater into the POTW
must obtain a wastewater discharge permit or general permit in accordance with Section 54.52
(A) below, prior to the beginning or recommencing of such discharge. A wastewater discharge
permit application must be filed at least ninety (90) days prior to the date which any discharge will
begin. (Ord. 93-2002)
(B) A permitted groundwater or soil remediation system will utilize accepted industrial practices
and equipment including, but not limited to oil/water separators for free product capture,
particulate removal, air stripping, granular activated carbon, etc.
(C) Each groundwater or soil remediation system will be subject to pollutant parameters specific
to the type of remediation activity, including but not limited to gasoline, Diesel or heating fuel,
industrial solvents, heavy metals, etc. Pollutants will be limited as follows:
1) No discharge of free product in any amount.
2) Prohibitions and limitations as specified below in Chapter 54.39.
3) No single total toxic organic compound analyzed using approved wastewater methods
found in 40 CFR Part 136 shall exceed a concentration that is greater than the lowest
achievable detection limit for a given compound in an interference -free sample matrix.
Page 16 of 45
54.39 PROHIBITED WATERS AND WASTE
Except as herein provided, no person shall discharge or cause to be discharged any of the following
described waters or wastes into the POTW, except those waters and wastes handled in accordance with
the hauled septic and industrial waste requirements specified in this Chapter.
(a) Any pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all Users of the POTW whether or not they are subject to categorical
pretreatment standards or any other National, State, or local pretreatment standards or
requirements. (40 CFR 403.5(a)(1) General Prohibitions) (Ord. 93-2002)
(b) Heats in amounts which will inhibit biological activity in the POTW resulting in interference,
but in no case heat in such quantities that the temperature at the treatment plant exceeds 40' C
(1040 F). (Ord. 93--2002) (40CFR 403.5(b) Specific Prohibitions)
(c) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed -cup flashpoint of less than 1400 F (600 C) using the test methods
specified in 40 CFR 261.21. (40CFR 403.5(b) Specific Prohibitions)
(d) Any solid or viscous pollutants in amounts which will cause obstruction to the flow in the
POTW resulting in interference or other interference with the proper operation of any sewer or
treatment works. (40CFR 403.5(b) Specific Prohibitions)
(e) Any "other wastes" as defined in 54.02(vv). (Ord. 93-2002; Ord. 15-2017)
(f) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits
established by the Director in compliance with applicable state or federal regulations.
(h) Any industrial waste that may cause a deviation from the NPDES permit requirements,
pretreatment standards, and all other state and federal regulations as now set out or may be set
out in the future as a requirement for the NPDES permit.
(i) Any waters or wastes containing toxic or poisonous 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 humans or animals, create a public nuisance, or create
any hazard in the receiving waters of the POTW. (Ord. 93-2002)
0) Any waters or wastes except hauled wastes having a pH lower than 5.0 or higher than 12.0 or
having any other corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the publicly owned treatment works or POTW. (40CFR 403.5(b)
Specific Prohibitions)
(1) Wastewaters which are monitored on a continuous basis with automated pH monitoring
and control devices, and which exceed the limitation of 12.0 will not be cause for a
violation if the duration of the excursion for any single event does not exceed 15 minutes,
and combined excursions do not exceed 180 minutes in any calendar month. No pH
greater than 12.5 shall be authorized for any duration of time. (Ord. 93-2002)
(2) Hauled septic tank waste and hauled industrial waste within the range of 5.0 to 10.0 may
be accepted at designated locations at the POTW with prior approval of the Director.
Page 17 of 45
(k) Any of the following substances which shall be termed contaminates. It shall be unlawful for
any person to discharge into a public sewer any such contaminate in any quantity where the level
of the contaminate exceeds the following daily maximum limit during a 24-hour period or a period
of normal daily operations.
(1) The concentration based limitations for the following contaminates apply at the point
where the wastewater is discharged to the POTv. At the discretion of the Director, and
under the following guidelines, the District may consider mass based limitations in addition
to or in place of the concentration based limitations. (Ord. 93-2002)
(a) The Director may consider mass based limits only in situations where a facility
has tried in good faith to comply with our local concentration based limits using
pretreatment or other legitimate means, and the attempt(s) is unsuccessful, and (Ord.
93--2002)
(b) The District's POTW does have ample loading capacity for the parameter(s) of
concern, and the consideration of mass based limits will not cause the POTv to
exceed the Maximum Allowable Headworks Loadings at the POTv Headworks
and the Industrial Users to exceed the Maximum Allowable Industrial Headworks
Loadings at the POTv Headworks (Ord. 72-2007)
Contaminate Concentration (mg1L)
Arsenic (total)
Cadmium (total)
Chromium (total)
Copper (total)
Cyanide
Lead (total)
Mercury (total)
Molybdenum
Nickel (total)
Oil and Grease (non -polar)
Oil and Grease (polar)
Phenols
Selenium (total)
Silver
Zinc
(1) Oil and Grease
0.09
0.025
2.00
0.75
0.15
0.20
0.0002
0.55
0.75
100.0 (see paragraph 54.39 (1) below)
300.0 (see paragraph 54.39 (1) below)
1.00
0.22
0.40
3.00
(1) Non -polar oil and grease is any water or waste containing fats, wax, grease, or oils,
whether emulsified. or not, in excess of 100 mg1L or containing substances which may
solidify or become viscous at temperatures between 320 F and 1500 F (O° C and 551 C).
(2) Polar oil and grease such as processed vegetable and animal origin fats and oils that
cannot solidify or become viscous at temperatures between 321 F and 1501 F (00 C and
650 C) may be discharged in concentrations up to 300mg/L (Ord. 93-2002), (Ord. 15-
2017)
(m) Any garbage that has not been properly shredded. The installation and operation of any
garbage grinder equipped with a motor of three -fourths horsepower (0.76 hp metric) or greater
shall be subject to the review and approval of the Director.
Page 18 of 45
(n) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating
solutions whether neutralized or not.
(o) Materials which exert or cause any of the following.
(1) Unusual concentrations of inert TSS such as, but not limited to, Fullers earth, lime
slurries, and lime residues, or of dissolved solids such as, but not limited to, sodium
chloride and sodium sulfate. (Ord. 93-2002)
(2) Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning
solutions.
(3) Unusual BOD chemical oxygen demand, or chlorine requirements in such quantities
as to constitute a significant load on the POTW. (Ord. 93-2002)
(4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined in
54.02 (000): (Ord. 15-2017)
(p) Water 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
discharge to the receiving waters. (Ord. 93-2002)
(q) Any waters containing TSS of such character and quantity that unusual provisions, attention,
or expense is required to handle the materials at the POTW. (Ord. 93-2002) Penalty, see 54.75
through 54.85
(r) Pollutants, including oxygen -demanding pollutants (BOD etc.), released in a discharge at a
flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW. (40 CFR 403.5(b) Specific Prohibitions)
(s) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in amounts that
will cause interference or pass through. (40 CFR 403.5(b) Specific Prohibitions)
(t) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems. (40 CFR 403.5(b) Specific
Prohibitions) (Ord. 93-2002)
(u) Trucked or hauled pollutants, except at discharge points designated by the Director as set
forth in 54.35 of this Chapter. (40 CFR 403.5(b) Specific Prohibitions)
(v) Any substance in a concentration that may pose danger to human health or the environment.
(w) Any Toxic Pollutant as defined in 54.02(sss) in a concentration that will cause pass through
or interference, or may pose danger to human health or the environment. Local limits for toxic
pollutants, including total toxic organics will be considered on a case by case basis, by the
Director, for those compounds not regulated as pollutants of concern. Local limit calculations will
take into consideration such factors including, but not limited to the specific toxic pollutant, flow
volume, mass Ioadings to the POTW, and any other factor to prevent pass through or interference
of the POTW or to protect worker health.
54.40 REMEDIES FOR PROHIBITED DISCHARGES- AUTHORITY OF DIRECTOR
Page 19 of 45
(a) if any waters or wastes that contain the substances or possess the characteristics
enumerated in 54.39 are proposed to be discharged to the public sewers, the Director may do the
following:
(1) Reject the wastes in whole or in part.
(2) Require pretreatment of the wastes as necessary to comply with the limitations
defined in this Chapter.
(3) Require payment of a surcharge on any excessive flows or loadings discharged to
the treatment works to cover the additional costs of having capacity for the treating of
the wastes.
(4) The Director may develop best management practices (BMP) by ordinance or in
industrial wastewater discharge permits or general permits, to implement local limits
and the requirements of 54.39.
(b) If the Director permits pretreatment, equalization of wastes equalization of waste flows, or
establishes best management practices (BMP) the Industrial User must develop and submit a
compliance schedule for the design and installation of the technology required to meet applicable
pretreatment standards. The compliance schedule, design, and equipment shall be subject to the
approval of the Director and subject to the requirements of all applicable codes, ordinances, and
laws.
54.41 TEST AND ANALYSIS STANDARDS
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 CFR
Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment
standard. If 40 CFR Part 136 and amendments thereto does not contain sampling or analytical
techniques for the pollutant in question or where the EPA determines that the Part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and analyses must be
performed using validated analytical methods or any other applicable sampling and analytical procedure,
including procedures suggested by the Director or other parties approved by EPA.
54.42 MAINTENANCE OF PRELIMINARY TREATMENT FACILITIES
Where preliminary treatment facilities for any wastewater or other wastes are required, they shall be
operated and maintained continuously in satisfactory and effective operation by the owner, at his
expense. (Ord. 54-1981 ) Penalty, see 54.75 through 54.85
54.43 MONITORING MANHOLE
When required by the Director, the owner of any property serviced by a building sewer carrying non-
residential wastes shall install a suitable monitoring manhole together with any necessary meters and
other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the
wastes. The manhole, when required, shall be accessibly and safely located, and shall be constructed in
accordance with plans approved by the Director. The manhole 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. Agents of the
Sanitary District, the State Water Pollution Control Agencies, and the U.S. Environmental Protection
Agency shall be permitted to enter all properties for the purpose of inspection, observation, measurement,
sampling, and testing. Penalty, see 54.75 through 54.85. Monitoring manhole locations shall not be
changed without prior approval of the Director. (Ord. 93-2002)
Page 20 of 45
54.44 GREASE OIL, AND SAND INTERCEPTORS
(a) Grease, oil, sand interceptors and separators, sand traps or retainers shall be provided when
required by the Indiana Uniform Plumbing Code, or when in the opinion of the Director, they are
necessary for the proper handling of liquid wastes containing grease, oils, or sand in excessive
amounts, or any flammable wastes, or other harmful ingredients, except that the traps or retainers
shall, not be required for private living quarters or dwelling units. All traps shall be of a type and
capacity approved by the Indiana Uniform Plumbing Code and the Director, and shall be located
so as to be readily and easily accessible for cleaning and inspection. (Ord. 93-2002)
(b) These devices shall be constructed of impervious material capable of withstanding abrupt
and extreme changes in temperature. They shall be of substantial construction, watertight, and
equipped with easily removable covers which when bolted in place shall be gastight and
watertight.
(c) Where installed, these devices shall be maintained by the owner, at his expense, in
continuously efficient operation at all times. (Ord. 93-2002) Penalty, see 54.75 through 54.85
54.46 SAMPLES TO BE TAKEN FOR MEASUREMENTS
In all instances the measurement of BOD, TSS, or other compatible or incompatible pollutants within non-
residential waste water shall be measured from samples taken at the monitoring manhole
within the boundaries of the property or at the next manhole downstream from the property boundary
provided no other wastewater or pollutants are introduced between the property boundary and the next
downstream manhole.
54.47 PERSONS REQUIRED TO PROVIDE MONITORING MANHOLES
All Significant Industrial Users, as defined in 54.02(nnn), shall install a surveillance or monitoring manhole
and all persons discharging into the public sewer system industrial waste mixtures of BOD, TSS or other
pollutants of concern with levels greater than the threshold values as established in Chapter 53 shall
provide a monitoring manhole. Monitoring manhole locations shall not be changed without prior approval
of the Director. Penalty, see 54.75 through 54.85 (Ord. 15--2017)
54.48 NEW CONNECTIONS
No new connection shall be made to any sanitary, combined, or storm sewer unless there is capacity
available in all downstream sewers, lift stations, force mains, and the POTW including capacity for
treatment of BOD and TSS. (Ord. 54-1981) Penalty, see 54.75 through 54.85
54.49 DEPOSIT OF WASTEWATERS
No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private
property within the jurisdiction of the District, any wastewater or other polluted water except where
suitable treatment has been provided in accordance with provisions of this Chapter and the NPDES
permit. (Ord. 54-1981) Penalty, see 54.1101 through 54.1107
INDUSTRIAL WASTE CHARGES
54.50 SEWER SERVICE SURCHARGE
Page 21 of 45
Producers of industrial wastewaters assessed at pollutant quantities greater than 200 mg/L for BOD.
and/or 225 mg/L for TSS, for which the cost of treatment is greater than the normal charges paid by the
producer, shall pay to the Sanitary District a sewer service surcharge as determined by the District.
54.51 DETERMINATION OF SURCHARGE
The sewer service surcharge shall be determined by sampling and testing, or contract. In either case,
payments shall be based upon current surcharge rates as defined in the District's governing ordinances
(Ord. 54-1981)
54.52 INDUSTRIAL DISCHARGE PERMIT and GENERAL PERMIT and CONTINUATION OF EXPIRED
PERMITS
It shall be unlawful for any significant industrial user to discharge wastewater into the District's POTW
without first obtaining an industrial discharge permit or general permit from the Director. Any violation of
the terms and conditions of an industrial discharge permit or general permit shall be deemed a violation of
this Chapter and subjects the permittee to the enforcement and remedies set out in this Chapter.
Obtaining an industrial discharge permit or general permit does not relieve a permittee of its obligation to
comply with all Federal and State pretreatment standards or requirements or with any other requirements
of Federal, State, and local law. (Ord. 93-2002)
The Director may require other industrial users or users, including liquid waste haulers, to obtain
wastewater discharge permits or general permits as necessary to carry out the purposes of this Chapter.
Any significant industrial user or user which discharges industrial waste into the POTW prior to the
effective date of this Chapter and wishes to continue such discharges in the future, shall, within ninety
(90) days after said date, apply to the District for an industrial discharge permit or general permit in
accordance with Section 54.52(A) or (B) below, and shall not cause or allow discharges to the POTW to
continue after one hundred eighty (180) days of the effective date of this Chapter except in accordance
with an industrial discharge permit issued by the Director, or in the case, a valid permit exists and does
not violate any part of this Chapter, shall not have to re -apply until the permit expiration date. (Ord. 93-
2002)
Any significant industrial user or user proposing to begin or recommence discharging industrial wastes
into the POTW must obtain a wastewater discharge permit in accordance with Section 54.52 (A) below,
prior to the beginning or recommencing of such discharge. An industrial discharge permit application
must be filed at least ninety (90) days prior to the date which any discharge will begin. (Ord. 93-2002)
(A) Application Industrial Discharge Permits
Significant Industrial Users must complete and file with the District a permit application in the form
prescribed by the District. No discharge permit will be issued until the following information is made
available on the completed permit application. (Ord. 93--2002)
(1) All information required by Section 54.57(B) of this Chapter;
(2) Description of activities, facilities, and plant processes on the premises, including a list of all
raw materials and chemicals used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(3) Number and type of employees, hours of operation, and proposed or actual hours of
operation;
(4) Each product produced by type, amount, process or processes, and rate of production,
Page 22 of 45
(5) Type and amount of raw materials processed (average and maximum per day)
(6) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by
size, location and evaluation;
(7) Time and duration of discharges;
(8) Disclosure of the nature and concentration of any pollutants or materials in the discharge
prohibited by this Chapter, including a statement regarding whether or not compliance is being
achieved on a consistent basis and if not, what additional operation and maintenance activities
and/or additional pretreatment is required for the discharger to comply.
(9) Where additional pretreatment and/or operation and maintenance activities will be required to
comply with the applicable pretreatment standard, the User must provide a compliance schedule
by which the User will provide the additional pretreatment and/or implementation of additional
operational and maintenance activities.
(a) The schedule must contain milestone dates for the commencement and completion
of major events leading to the construction_ and operation of additional pretreatment
required for the discharger to comply with the requirements of the Chapter including, but
not limited to, dates relating to hiring an engineer, hiring other appropriate personnel,
completing preliminary plans, completing final plans, executing contracts for major
components, commencing construction, completing construction, and all other acts
necessary to achieve compliance.
(b) Under no circumstances will the Director permit a time increment for any single step
directed toward compliance which exceeds 9 months.
(c) Not later than 14 days following each milestone date in the schedule and the final
date for compliance, the User must submit a progress report to the Director. This report
must include a statement as to whether or not it complied with the increment of progress
represented by that milestone date and, if not, the date on which it expects to comply with
this increment of progress, the reason for delay, and the steps being taken to return the
construction to the approved schedule. In no event shall more than 9 months elapse
between such progress reports to the District.
(1 a) Any other information as may be deemed necessary by the Director to evaluate the
wastewater discharge permit application. Incomplete or inaccurate applications will not be
processed and will be returned to the User for revision;
(11) All permit applications for new or modified permits must be signed by an authorized
representative of the industrial user.
(B) Application General Permits
(1) At the discretion of the Director, the Director may use general permits to control SIU or User
discharges to the POTW if the following conditions are met. All facilities to be covered by a
general permit must:
(a) Involve the same or substantially similar types of operations;
(b) Discharge the same types of wastes;
(c) Require the same effluent limitations;
(d) Require the same or similar monitoring; and
Page 23 of 45
(e) In the opinion of the Director, are more appropriately controlled
under a general permit than under industrial wastewater discharge permits.
(2) To be covered by the general permit, the SIU or User must file a written request for coverage
that identifies its contact information, production processes, the types of wastes
generated, the location for monitoring all wastes covered by the general permit, and any other
information the POTW deems appropriate.
(3) The Director will retain a copy of the general permit, documentation to
support the POTW's determination that a specific SIU ❑r User meets the criteria in Section
54.52(B)(a) to (e) and applicable State regulations, and a copy of the User's written request
for coverage for three (3) years after the expiration of the general permit.
(4) The Director may not control an SIU or User through a general permit where the
facility is subject to production --based categorical Pretreatment Standards or categorical
Pretreatment Standards expressed as mass of pollutant discharged per day or for IUs
whose limits are based on the Combined Waste stream Formula 54.39(D)(2)(b).
The Director will evaluate the complete application and data furnished by the User and may require
additional information. After full evaluation and acceptance of the data furnished, the District will issue a
Wastewater Discharge Permit or General Permit subject to terms and conditions provided in the Chapter.
(C) Permit Modifications
The Director may modify an industrial discharge permit or general permit for good cause including, but
not limited to, the following:
(1) To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements. (Ord. 93-2002)
(2) To address significant alterations or additions to the users operation, processes, or
industrial wastewater volume or characteristics since the time of the industrial discharge
permit issuance. (Ord. 93-2002)
(3) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge. (Ord. 93-2002)
(4) Information indicating that the permitted discharge poses a threat to the POTW, District
personnel, or the receiving waters. (Ord. 93-2002)
(5) violation of any terms or conditions of the industrial wastewater industriai discharge
permit or general permit.
(5) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit or general permit application or in any required reporting. (Ord. 93-2002)
(7) To correct typographical or other errors in the permit. (Ord. 93-2002)
The User shall be informed of any proposed changes in a permit at least 30 days prior to the effective
date of change. Where any changes are made in User's permit, a reasonable time shall be given to
achieve compliance.
The filing of a request by the permittee for an industrial discharge permit or general permit modification
does not stay any industrial discharge permit or general permit conditions.
Page 24 of 45
(D) Permit Conditions
(1) Wastewater Discharge Permits must include the following:
(a) A statement that indicates wastewater discharge permit duration (see 54.52(E).
(b) A statement that the wastewater discharge permit is nontransferable (see 54.52(F).
(c) Effluent limits on the average and/or maximum wastewater constituents including best
management practices and characteristics based on applicable pretreatment standards.
(d) When required by the Director, a user developed slug control plan will be added as an
addendum to the permit, or the Director may include specific slug control mechanisms in
the permit in lieu of the development of a slug control plan.
(e) Self -monitoring, sampling, reporting, notification, and record -keeping requirements.
These requirements shall include an identification of pollutants or best management
practices (BMP) to be monitored, sampling location, sampling frequency, and sample
type based on Federal, State, and local law.
(f) 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.
(2) Wastewater Discharge Permits may include the following:
(a) Limits on average and/or maximum rate and time of discharge and/or requirements
for flow regulations and equalization;
(b) When wastewater subject to a categorical Pretreatment Standard is mixed with
wastewater not regulated by the same Standard, The Director shall impose an alternate
limit in accordance with 40CFR 403.0(e).
(c) Requirements for installation and maintenance of inspection and sampling facilities;
(d) Special conditions the Director may require under particular circumstances of a given
discharge including sampling locations, frequency of sampling, number, types, and
standards for tests and reporting schedules;
(e) CompIiance schedules; and
(f) Requirements for submission of special technical reports or discharge reports where
they differ from those outlined in the Chapter.
(E) Change in Conditions
See 54.74(C)(1-3)
(F) Duration
Permits shall be issued for a specified time period, not to exceed five (5) years. The permittee shall apply
for permit reissuance by submitting a completed wastewater discharge permit application no later than
Page 25 of 45
ninety (90) days prior to the expiration date of the existing permit. When the permittee has made a timely
and sufficient application for the renewal or modification of a permit, the existing permit does not expire
until the permit application has been finally approved or denied by the Control Authority. The terms and
conditions of the permit may be subject to modification by the Control Authority during the term of the
permit as limitations or requirements as identified in this Chapter are modified or other just cause exists.
The User shall be informed of any proposed changes in a permit at Ieast 30 days prior to the effective
date of change. Where any changes are made in User's permit, a reasonable time shall be given to
achieve compliance. (Ord. 93-2002)
(G) Transfer
Individual Discharge Permits are issued to a specific User for the process activity specified in the permit.
General Permits are permits issued to authorize similar discharge activities by one or more applicants
throughout a prescribed geographic area. A Wastewater Discharge Permit or General Permit shall not be
assigned, transferred or sold to a new owner or new User in different premises or to a new or changed
operation in the same or different premises without the approval of the District. (Ord. 38-1985)
(H) Continuation of Expired Permits
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) The permittee has submitted a complete permit application at least ninety (90) days prior to
the expiration date of the permittee's existing permit; and
(2 )The failure to reissue the permit, prior to expiration of the previous permit, is not due to any
act or failure to act on the part of the permittee.
54.53 TESTING REQUIREMENTS
A User shall cause sampling and analysis and reports thereof to be made to the District, of flow and
waste characteristics to determine strength and quantity of BOD and TSS under average conditions.
Further testing requirements will be as they appear in the discharge permit issued under 54.52(C).
(a) Sampling Procedures
Samples and measurements shall be representative of the volume and nature of the monitored
discharge. Samples shall be taken during normal working hours at the specified monitoring
manholes.
(1) Except as indicated in paragraph 2 and 3, below, the User shall collect wastewater
samples using flow proportional collection techniques, or time proportional collection
techniques, if authorized by the Director. Time proportional samples are composed of
constant volume aliquots collected at constant time intervals. This method provides
representative samples when the wastewater flow does not vary more than 10% of the
average flow rate over time. The time proportional sample can be obtained using an
automatic sampler, or by the compositing of a minimum of 4 individual grab samples of
the same volume of wastewater, taken during the course of a normal work day.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques. A
grab sample can be composed of discrete samples, but all samples must be obtained
and combined within a 15 minute time period from start of sampling to finish. When
taking a grab sample, the entire mouth of the sample jar must be submerged below
Page 26 of 45
the surface of the waste stream. The pH sample should be analyzed immediately
and must not be held longer than 15 minutes in any case.
(3) For sampling required in support of baseline monitoring and 90-day compliance
reports required in 54.57(B) and 54.57(A), 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 54.57(D), the Industrial User is required to
collect the number of grab samples necessary to assess and assure compliance by
with applicable Pretreatment Standards and Requirements.
(b) The Director may use a grab sample(s) to determine noncompliance with any pretreatment
standards. (Ord. 93-2002)
54.54 BILLING PROCEDURE
The District shall sample and analyze the flow of industrial waste to determine the concentration and total
quantity of BO❑ and TSS under average conditions to corroborate the data reported by the Industrial
User per the City of Richmond's Ordinance, Chapter 53: Sewer Rates and Charges.
The District shall bill the producer of excess waste on a quarterly basis. Three-month periods shall begin
in January, April, July, and October. Periods of less than three months will be billed on a pro -rated basis
or as provided by the sewer User rates and charges resolution of the Sanitary District currently in effect.
(Ord. 93-2002)
54.55 CONTRACT METHOD
In cases where the contract method is used, billing by the District shall be made as stipulated in.54.54.
(Ord. 54-1981)
54.55 BILLING ON A REGULAR BASIS
Any clause or section in this Chapter which calls for a billing on a regular basis at variable or fixed rates
shall be billed according to the rates and charges set forth in Chapter 53. (Ord. 54-1981)
54.57 REPORTS
(A) Compliance schedule reports
Any User who is not in compliance with the Chapter's limitations or is not meeting categorical
pretreatment standards at the time of promulgation of that standard, must develop a compliance schedule
containing increments of progress which correspond to specific dates. The increments represent major
events leading to the construction and operation of pretreatment equipment required for the User to meet
the applicable standard. No increment shall exceed 9 months in duration. Users subject to these
conditions must submit a progress report to the Director no later than 14 days following each date in the
compliance schedule. This report must include whether or not the User complied with the increment of
progress to be met on such date, the reason for delay if the date was not met, the date on which the User
expects to comply with this increment of progress, and the steps being taken to return to compliance. In
no event can more than 9 months elapse between progress 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 USPS, the date of receipt of the report shall
govern.
Page 27 of 45
(B) Baseline Monitoring Reports
(1) Within either one hundred eighty (180) days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category determination under 40
CFR 403.6 (a)(4), whichever is later, existing Categorical Users currently discharging to or
scheduled to discharge to the POTW shall submit to the Director a report which contains the
information listed in paragraph 2, below. At least ninety (90) days prior to commencement of
their discharge, New Sources, and sources that become Categorical Users subsequent to the
promulgation of an applicable categorical standard, shall submit to the Director a report which
contains the information listed in paragraph 2, below. A New Source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A new source shall
provide estimated data on production, flow, presence, and quantity of regulated pollutants if
actual data is not available. (Ord. 93-2002)
(2) Users described above shall submit the information set forth below:
(a) Identifying Information. The name and address of the facility, including the name of
the operator and owner.
(b) Environmental Permits. A list of any environmental control permits held by or for the
facility.
(c) Description of Operations. A brief description of the nature, average rate of
production, and standard industrial classifications of the operation(s) carried out by
such User. This description should include a schematic process diagram which
indicates points of discharge to the POTvv from the regulated processes.
(d) Flow Measurement. Disclosure of average daily wastewater flow rates in gallons
per day to the POTW, including daily, monthly and seasonal variations, if any. Include
average daily and maximum daily flow in gallons per day from regulated process
streams and other streams, as necessary, to allow use of the combined wastestream
formula set out in 40 CFR 403.6(e). All flows must be measured unless other verifiable
techniques are approved by the Director.
(e) Measurement of Pollutants.
(1) The User shall provide the following information:
a. The categorical Pretreatment Standards applicable to each
regulated process and any new categorically regulated
processes for Existing Sources.
b. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the Standard or
by the Director, of regulated pollutants in the discharge from
each regulated process.
c. Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
d. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out forth in 54.41
of this ordinance. Where the Standard requires compliance with
Page 28 of 45
a BMP or pollution prevention alternative, the User shall submit
documentation as required by the Director or the applicable
Standards to determine compliance with the Standard.
(2) The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirement of this
paragraph.
(3) Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately downstream from the
regulated process if no pretreatment exists. If other wastewaters are
mixed with the regulated wastewater prior to pretreatment the User
should measure the flows and concentrations necessary to allow use of
the combined wastestream formula in 40 CFR 403.6(e) to evaluate
compliance with the Pretreatment Standards. where an alternate
concentration or mass limit has been calculated in accordance with 40
CFR 403.6(e) this adjusted limit along with supporting data shall be
submitted to the Control Authority.
(4) Sampling and analysis shall be performed in accordance with
Section 54.41;
(5) The Director may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures;
(6) The baseline report shall indicate the time, date and place of
sampling and methods of analysis and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant Discharges to the POTW.
(f) Certification. A statement, reviewed by the User's authorized representative
and certified to by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether additional
operation and maintenance and/or additional pretreatment is required to meet the
pretreatment standards and requirements. (Ord. 72-2007)
(g) Compliance Schedule. If additional pretreatment and/or operation and
maintenance will be required to meet the pretreatment standards, the shortest
schedule by which the User will provide such additional pretreatment and/or
operation and maintenance. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this section must meet the
requirements as set forth in 54.57(A) of this Chapter
(h) Signature and Certification. All baseline monitoring reports must be signed
and certified in accordance with Section 54.57(E) of this ordinance.
(C) Categorical Pretreatment Standard Compliance Date Report
Within 90 days following the date for final compliance with applicable pretreatment standards, or
in case of a New Source, following commencement of the introduction of wastewater into the
POTW, any User subject to pretreatment standards and requirements shall submit to the Director
a report containing the information described in 54.57 (13)(2)(d-f). For industrial users subject to
Page 29 of 45
equivalent mass or concentration limits established in accordance with the procedures in 40 CFR
403.6(c), this report shall contain a reasonable measure of the industrial user's long term
production rate. For all other industrial users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the industrial user's actual production during the appropriate
sampling period. All compliance reports must be signed and certified in accordance with
54.57(E). (3) Sampling must be performed in accordance with procedures as set forth in
54.53(a) of this Chapter. (Ord. 93-2002)
(D) Periodic Compliance Reports
(1) All Users subject to an applicable pretreatment standard shall, at a frequency determined by
the Director but in no case less than four times per year (in April, July, October, and January)
each covering the previous three month period, submit a report indicating the nature and
concentration, or production and mass where required by the Director, of pollutants in the
discharge which are limited by such pretreatment standards. In cases where the Pretreatment
Standard requires compliance with a best management practice (BMP) or pollution prevention
alternative, the User must submit documentation required by the Director or the Pretreatment
Standard necessary to determine the compliance status of the User. Additionally, this report shall
include a measured or estimated flow for the reporting period, or in the case of significant
industrial users subject to categorical pretreatment standards, shall include a record of measured
or estimated average and maximum daily flows for the reporting period. All periodic compliance
reports must be postmarked by the fifteenth (15th) day of the reporting month, signed and certified
in accordance with 54.57(E).
(2) All wastewater samples must be representative of the industrial user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean,
and maintained in good working order at all times. The failure of an industrial user to keep its
monitoring facility in good working order shall not be grounds for the industrial user to claim that
sample results are unrepresentative of its discharge. (Ord. 93--2002)
(3) If an industrial user subject to the reporting requirements in and of this section monitors any
pollutants identified in their permit more frequently than required by their permit, using the
procedures prescribed in 54.41 and 54.53(a), the results of this monitoring shall be included in
the report. (Ord. 93-2002)
(4) Periodic compliance reports may be waived by the Director if the District chooses to monitor
the industrial user's required wastewater discharge and no process wastewater is discharged to
the District's POTW. (Ord. 93-2002)
(5) All discharge monitoring and analysis shall be performed in accordance with 54.41. (Ord. 93-
2002)
(6) If industrial user sampling and analysis indicates a violation, the industrial user shall report to
the District in accordance with 54.74(A). (Ord. 93-2002)
(E) Signatory Requirement
All wastewater discharge permit applications, User reports and certification statements must be
signed by an Authorized Representative of the User. The above reports shall contain the certification
statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed by an authorized representative
of the Industrial User, whom meets the signatory requirements as defined in 40 CFR 403.12(l). (Ord.
72-2007)
Page 30 of 45
If the designation of an Authorized Representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility or overall responsibility
for environmental matters for the company, a new written authorization satisfying the requirements of
this Section must be submitted to the Director prior to or together with any reports to be signed by an
Authorized Representative.
The following certification statement is required to be signed and submitted by Users submitting
permit applications, baseline monitoring reports, compliance reports with the categorical Pretreatment
Standard deadlines, all periodic compliance reports and initial request to forego sampling of a
pollutant. The following certification statement must be signed by an Authorized Representative as
defined in 54.02(d)(1-4):
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. 1
am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment for knowing violations.
(F) Wastewater Survev
When requested by the Richmond Sanitary District and/or Director, all lUs must submit information on
the nature and characteristics of their wastewater by completing a survey. The Director is authorized
to prepare a form for this purpose and may require lUs to update this information. Failure to complete
this surrey shall be considered a violation of the Sewer Use Ordinance and may result in penalties
found. (Penalty see 54.75 through 54.85)
54.58 PRETREATMENT STANDARDS
Industrial users shall provide necessary pretreatment as required to comply with this Chapter and shall
achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set forth
in 54.39 within the time limitations specified by the EPA, the State, or the Director, whichever is more
stringent. (Ord. 93-2002)
(A) The National Categorical Pretreatment Standards found at 40 CFR Chapter 1, Subchapter N,
Parts 405-471 are hereby incorporated. (Ord. 93-2002)
(B) State of Indiana Pretreatment Standards are also incorporated into this Chapter. (Ord. 93-
2002)
54.59 PRETREATMENT FACILITIES TO BE APPROVED BY DISTRICT
Plans, specifications, and any other pertinent information relating to pretreatment or control facilities shall
be submitted for approval of the District, and no construction of the facilities shall be commenced until
approval in writing is granted. Where these facilities are provided, they shall be maintained continuously
in satisfactory and effective operating order by the User, at the User's expense, and shall be subject to
periodic inspection by the District to determine that the facilities are being operated in conformance with
applicable federal, state, and local laws and permits. The User shall maintain operating records and shall
submit to the District, periodic reports, as required in the User's Wastewater Discharge Permit, of the
character of the influent and effluent to show the performance of the treatment facilities and for
comparison against District monitoring records. Penalty, see 54.75 through 54.85
54.60 CERTAIN UNPOLLUTED WATERS PROHIBITED
Page 31 of 45
No person shall discharge or cause to be discharged, or make a connection to discharge or cause to be
discharged to any sanitary sewer, either directly or indirectly, storm water, surface water, ground water,
roof runoff, downspouts, swimming pools, subsurface drainage, or noncontact cooling water, unpolluted
industrial process water, or other unpolluted waters. (Ord. 93-2002) Penalty, see 54.75 through 54.85
54.61 STRENGTH OF DISCHARGE USED TO ESTABLISH CHARGES
Strength of wastewaters shall be determined, for periodic establishment of charges provided for in
Chapter 53, from samples taken at the structure(s) mentioned in 54.43 and 54.59 at any period of time
and of such duration and in such a manner as the District may elect, or, at any place mutually agreed
upon between the User and the District. Appropriate charges for sampling and analysis shall be
assessed to the User at the option of the District. The results of routine sampling and analysis by the
User may also be used for determination of charges with appropriate verification by the District.
54.62 [This section left intentionally blank]
54.63 ACCIDENTAL DISCHARGES and SLUG DISCHARGES
(A) Accidental discharges
Each Industrial User having the ability to cause interference with the POTW treatment plant or to violate
the regulatory provisions of this Chapter shall implement a plan to provide protection against accidental
discharge to the POTW of prohibited materials or other substances regulated by this Chapter. The
Director may require any User to develop, submit for approval, and implement such a plan. Facilities to
prevent accidental discharge or prohibited materials from entering the POTW shall be provided and
maintained at the User's own cost and expense. All Industrial Users whose wastewater includes or could
include compatible or incompatible pollutants in amounts great enough to cause interference with the
POTW must have detailed plans on file at the District showing facilities and operating procedures to
provide this protection. Plans shall be approved by the District before construction of the facility. Review
and approval of such plans and operating procedures shall not relieve the Industrial User from the
responsibility to modify its facility as necessary to meet the requirements of this Chapter.
(1) Notification
In the case of any discharge of compatible or incompatible pollutants which may cause
interference at the POTW or violate regulatory requirements of this Chapter, it shall be the
responsibility of the Industrial User to immediately telephone and notify the District of the incident
as set forth in 54.74(B)(1) of this chapter. This notification shall include name of caller, location
and time of discharge, type of wastewater, concentration, volume, and corrective actions. (Ord.
38-1985)
(2) Written report
Within five (5) working days following such an accidental or deliberate discharge, the Industrial
User shall submit to the Director a detailed written report describing the cause of the discharge
and the measures to be taken by the User to prevent similar future occurrences as set forth in
54.74(B)(2) of this chapter. Follow-up reports may be required by the District as needed. Such
report, or reports, shall not relieve the Industrial User of any expense, loss, damage or other
liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage
to person or property; nor shall such report relieve the User of any fines, civil penalties, or other
liability which may be imposed by the Chapter or otherwise. Failure to report accidental or
Page 32 of 45
deliberate dischargers may, in addition to any other remedies available to the District, result in the
revocation of the User's Wastewater Discharge Permit. (Ord. 38-1985)
(B) Slug Control Plan
The Director shall evaluate each significant industrial user within a year of being designated as such,
regarding the need for a slug control plan. The Director may require any User to develop, submit for
approval, and implement such a plan.. A slug control plan shall address, at minimum, the following:
(1) Include definition of Slug Discharge as per this chapter 54.02(000).
(2) Description of discharge practices, including non -routine batch discharges;
(3) Description of stored chemicals;
(4) Procedures for immediately notifying the Director of any discharge meeting the definition of
"Slug Discharge", as set forth in 54.74(B) of this Chapter; and
(5) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures for containing toxic organic
pollutants, including solvents, and/or measures and equipment for emergency response.
(C) Evaluation Criteria
Criteria used to evaluate the need for an accidental or slug control will be site specific, but at a minimum
will consider 1) quantity and types of materials used or stored and their potential for causing violation of
local limits or the general or specific prohibitions; 2) potential for such materials to enter the sewer
systems and cause damage, pass through or interference; and 3) existing controls to prevent any
potential accidental or slug discharges.
(D) Notification of Change
The Director must be notified immediately of any change that occurs at a facility that affects the potential
for an accidental or slug discharge, thereby allowing the District to reevaluate the need for a accidental or
slug control plan or other actions to prevents such discharges.
54.64 DILUTION
No User shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial
or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in
the National Categorical Pretreatment Standards when effective, or in any other pollutant -specific
limitation developed by the District ❑r State. (Ord. 38-1985)
The district may impose mass limitations on Users which are using dilution to meet applicable
Pretreatment Standards or Requirements, or in other cases where the imposition of mass limitations is
appropriate. (Ord. 93-2002)
54.65 NOTICE TO EMPLOYEES
A notice shall be permanently posted on the User's bulletin board or other prominent place advising
employees whom to call in the event of a discharge of a prohibitive material. Employers shall insure that
Page 33 of 45
all employees who are in a position to cause, discover, or observe such an accidental discharge are
advised of the emergency notification procedures. (Ord. 38-1985)
54.66 UPSETS: BYPASS
(A) Upset
For the purposes of this section, "Upset" means an exceptional incident in which there is unintentional
and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the
reasonable control of the Industrial User. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of
preventative maintenance, or careless or improper operation.
The Industrial User must submit the following information to the District within 24 hours upon becoming
aware of an operational upset (if this information is provided orally, a written submission must be provided
within five (5) working days):
(1) A description of the upset and specific cause of noncompliance
(2) The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue
(3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the
noncompliance
(B) Bypass
(1) For the purposes of this section,
(a) `Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(b) `Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (3) and (4) of this
section.
(3) (a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
Director, at least ten (10) days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the Director of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty --four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five (5)
days of the time the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected, the anticipated time it
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The Director may waive the written report on a case -by -case
basis if the oral report has been received within twenty-four (24) hours.
Page 34 of 45
(4) (a) Bypass is prohibited, and the Director may take an enforcement action against a user
for a bypass, unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(ii) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance during
normal periods of equipment downtime. This condition is not satisfied if adequate
back-up equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(iii) The user submitted notices as required under paragraph (3) of this section,
(b) The Director may approve anticipated bypass, after considering its adverse effects, if
the Director determines that it will meet the three conditions listed in paragraph (4)(a) of
this section.
A documented and verified upset or bypass may constitute an affirmative defense to an action brought for
noncompliance with applicable pretreatment standards if the requirements of 40 CFR 403.16(c) are met.
(Ord. 38-1985)
54.67 RECORD RETENTION
Users subject to the reporting requirements of this Chapter shall retain at the location of the User's
regulated facility, and make available for inspection and copying, all records of information obtained
pursuant to any monitoring activities required by this Chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and
documentation associated with best management practices (BMP) established under 54.40(a)(4).
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 City, or where the User has been specifically notified of a longer
retention period by Director.
54.68 ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
The Director shall publish annually, in a newspaper of general circulation that provides meaningful public
notice with the jurisdiction(s) served by the POTW, a list of the Users which at any time, during the
previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards
and requirements. The term significant noncompliance shall mean:
A. Chronic violations - Sixty-six (66%) or more of all measurements taken for the same pollutant
parameter during a six month period exceed, by any magnitude, a numeric pretreatment standard
or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
B. Technical Review Criteria (TRC) violations - Thirty-three percent (33%) or more of all
measurements for same pollutant parameter taken during a six month period equal or exceed
the product of the numeric pretreatment standard or requirement, including instantaneous limits,
as defined by 40 CFR 403.3(1), multiplied by the applicable TRC listed below:
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Conventional Pollutants: Biochemical Oxygen Demand (BOD), Total Suspended Solids
(TSS), Fats, Oil, Crease (FOG).
TRC LIMIT - numeric standard or requirement x 1.4
NOTE: Discharge of conventional surcharge pollutants in excess of threshold
concentrations will not constitute a violation unless the discharge satisfies a condition in
1.c or 1.d below.
All Other Pollutants exce t H:
TRC LIMIT - numeric standard or requirement x 1.2;
C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(I),
such as daily maximum, long-term average, instantaneous limit, or narrative standard that the
District determines has caused, alone or in combination with other discharges, interference (i.e.
slug loads) or pass through, including endangering the health of District personnel or the general
public;
D. Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare or the environment; or has resulted in the District's exercise of its emergency authority to
halt or prevent such a discharge.;
E. Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule
milestone contained in a industrial discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
F. Failure to provide within forty-five (45)days after the due date, required reports such as
baseline monitoring reports, report on compliance with categorical pretreatment standard
deadlines, periodic self -monitoring reports, and reports on compliance with compliance
schedules,
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations, which may include a violation of Best Management
Practices (BMPs), that the District determines will adversely affect the operation or
implementation of the local pretreatment program.
54.69 CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from the Director's inspection and sampling
activities, shall be available to the public without restriction, unless the User specifically requests, and is
able to demonstrate to the satisfaction of the Director, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets as stated in 40
CFR Part 2, which refers to public information. Any such request must be asserted at the time of
submission of the information or data by stamping the words, "confidential business information", on each
page containing such information. Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 wiII not be recognized as confidential information and will be available to the
public without restriction. Regardless of information being stamped "confidential business information",
this information shall be made available for governmental agencies for use in all matters pertaining to the
NPDES program or pretreatment program, and in enforcement proceedings involving the person
furnishing the report.
Page 36 of 45
POWER AND AUTHORITY OF INSPECTORS
54.70 PROPER CREDENTIALS OR IDENTIFICATION REQUIRED
Any person, Director, or other duly -authorized employee shall present proper credentials or identification
before entering upon property of the User. (Ord. 54-1981)
54.71 RIGHT OF ENTRY
(A) The Director shall have the right to enter premises of any User to determine whether the User is
complying with all requirements of this Chapter and any 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 performance of any additional duties.
(1) Where a User has a security measures in force which 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 will be permitted
to enter without delay for the purposes of performing specific responsibilities.
(2) 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.
(3) 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 periodically to ensure their accuracy.
(4) 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.
(5) Unreasonable delays, defined as longer than fifteen (15) minutes, in allowing the Director
access to the User's premises shall be a violation of this Chapter.
(B) If the Director has been refused access to a building, structure, or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there
is a need to inspect and/or sample as part of a routine inspection and sampling program of the District
designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the
overall public health, safety, and welfare of the community, then the Director may seek issuance of a
search warrant from any court of general jurisdiction within Wayne County, Indiana.
54.72 SAFETY STANDARDS
While performing the necessary work on private properties referred to in 54.71 the Director or other duly -
authorized employees of the District shall observe all safety rules applicable to the premises established
by the company, and the company shall be held harmless for injury or death to the District employees.
The District shall indemnify the company against loss or damage to its property by District employees and
against liability claims and demands for personal injury or property damage asserted against the
company and growing out of the gauging and sampling operation, except as such may be caused by
negligence or failure of the company to maintain safe conditions as required in 54.43. (Ord. 54-1981)
54.73 ENTRY WORK TO BE IN ACCORDANCE WITH EASEMENT
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The Director and other duly -authorized employees of the District bearing proper credentials and
identification shall be permitted to enter all private properties through which the District holds a duly
negotiated easement for the purposes of, but not limited to, inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All
entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the
duly negotiated easement pertaining to the private property involved. (Ord. 54-1981)
54.74 NOTIFICATIONS
(A) 24 Hour Notification/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User shall 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 30 days after becoming aware of the
violation. Where the POTW has performed the sampling and analysis in lieu of the Industrial User, the
POTW must perform the repeat sampling and analysis unless it notifies the User of the violation and
requires the User to perform the repeat analysis. Resampling is not required if: (i) The POTW performs
sampling at the Industrial User at a frequency of at least once per month; or (ii) The POTW performs
sampling a the User between the time when the initial sampling was conducted and the time when the
User of the Control Authority receives the results of the sampling.
(B) Reports of Potential Problems
(1) In the case of any discharge, including, but not limited to, accidental discharges, slug
discharges, or any other non -routine discharge. The User shall immediately telephone and notify
the Director of the incident. This notification shall include'the location of the discharge, type of
waste, concentration and volume, if known, and corrective actions taken by the User.
(2) Within five (5) days following such discharge, the User shall, unless waived by the Director,
submit a detailed written report describing the cause(s) of the discharge and the measures to be
taken by the User to prevent similar future occurrences. Such notification shall not relieve the
User of any expense, loss, damage, or other liability which may be incurred as a result of damage
to the POTW, natural resources, or any other damage to person or property; nor shall such
notification relieve the User of any fines, penalties, or other liability which may be imposed
pursuant to this Chapter.
(3) A notice shall be permanently posted on the User's bulletin board or other prominent place
advising employees whom to call in the event of a discharge described in paragraph 1, above.
Employers shall insure that all employees who are in a position to cause, discover, or observe
such an accidental discharge are advised of the emergency notification procedures.
(4) Significant Industrial Users are required to notify the Director immediately of any changes at
its facility affecting the potential for a Slug Discharge.
(C) Reports of Changed Conditions
All industrial users must promptly notify the Director in advance of any planned substantial changes to the
volume or characteristics of its wastewater, including the listed or characteristic hazardous wastes for
which the industrial user has submitted initial notification under 54.74(D) at least thirty (30) days before
the change. Industrial users described in 54.74(C)(5) below are subject to additional notification of
change reporting procedures. (Ord. 93-2002)
Page 38 of 45
(1) For purposes of this requirement, significant changes include, but are not Iimited to, flow
increases/decreases of twenty percent (20%) or greater, and/or the discharge of any
previously unreported pollutants.
(2) The Director may require the User to submit information as may be deemed necessary to
evaluate the changed condition, including the submission of a wastewater discharge permit
application under Section 54.52 of this Chapter.
(3) The Director may issue a wastewater discharge permit under Section 54.52 of this Chapter or
modify an existing wastewater discharge permit in response to changed conditions or
anticipated changed conditions.
(4) No user shall implement the planned changed condition(s) until and unless the Director has
responded to the industrial user's notice. (Ord. 93-2002)
(5) Any industrial user operating under a permit incorporating equivalent mass or concentration
limits calculated from a production based standard shall notify the Director within two (2)
business days after the user has a reasonable basis to know that the production level will
significantly change within the next calendar month. (Ord. 93-2002)
(D) Reports of Discharge of Hazardous Waste
(1) Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA.
Regional Waste Management Division Director, and State hazardous waste authorities, in writing,
of any discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR park 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, other). If the User discharges more than one hundred (100)
kilograms of such waste per calendar month to the POTW, the Notification also shall contain the
following information to the extent such information is known and readily available to the User; an
identification of the hazardous constituents contained in the wastes, an estimation of the mass
and concentration of such constituents in the waste -stream discharged during that calendar
month, and a estimation of the mass of constituents in the waste stream expected to be
discharged during the following twelve (12) months. All notifications must take place no later than
one hundred and eighty (180) days submitted only once for each hazardous waste discharged.
However, notifications of changed conditions must be submitted under Section 54.74(C) of this
Chapter. The notification requirement in this section does not apply to pollutants already reported
under the self -monitoring requirement of 54.57(B-D) of this Chapter.
(2) Discharges are exempt from the requirements of paragraph A, above, during a
calendar month in which the discharge is no more than fifteen (15) kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40
CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non -
acute hazardous wastes (in a calendar month, or of any quantity of acute hazardous
wastes) as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.
Subsequent months during which the User discharges more than such quantities of any
hazardous waste do not require additional notification.
(3) in the case of any new regulations under Section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous
waste, the User must notify the Director, the EPA Regional Waste Management Waste
Division Director, and State hazardous waste authorities of the discharge of such
substance within ninety (90) days of the effective date of such regulations.
Page 39 of 45
(4) In the case of any notification made under this section, the User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes generated
to the degree it has determined to be economically practical.
(5) All industrial users -permitted by the District shall make a one-time notification to the
Director on the District's "Hazardous Waste Notification Form" stating if the company is
subject to the reporting conditions in 54.74(D)(1-2). (Ord. 93-2002)
(5) This provision does not create a right to discharge any substance not otherwise permitted to
be discharged by this Chapter, a permit issued thereunder, or any applicable Federal or State
law.
(E) Reports from Non -permitted Users
All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the
Director as the Director may require.
Written reports required under any section of this Chapter will be deemed to have been submitted on the
date post -marked. For reports which are not marked, or do not show a postmark, the date of receipt of
the report shall govern.
ENFORCEMENT AND REMEDIES
54.75 ADMINISTRATIVE ENFORCEMENT/REMEDIES
An Enforcement Response Guide (ERG), prepared for passage, and approved in conjunction with this
ordinance, by the Board of Sanitary Commissioners of the Richmond Sanitary District shall be used to
ensure that the requirements of 40 CFR Part 403 of the Clean Water Act are met. The ERG outlines
various Administrative Actions the Director may take for various pretreatment violations. The maximum
fine shall be two thousand five hundred ($2,500.00) dollars per day per violation. When the Director
finds that a User has violated, or continues to violate, any provision of this ordinance, an industrial
wastewater discharge permit, or general permit, the Director shall refer to the Enforcement Response
Guide (ERG) to ensure reasonable and equitable enforcement. The Director shall review and update, on
an annual basis, for the Board of Sanitary Commissioners any changes needed to insure compliance with
the Federal, State and Local Pretreatment Regulations as listed in the Act and this Chapter.
A. Informal Notice - An Informal notice may be either a documented phone call, email (written
warning), or a site visit/meeting notifying the User of minor incidences that have occurred and that
need to be corrected. Repeat performance of the same incidence or escalation of the incidence
will result in escalated enforcement action.'
(B) Notice of Violation (NOV) -- An NOV is a written notification to the IU indicating the type of
apparent violation and requesting a written response within ten (1 0) days, indicating a reason for
the noncompliance and what steps are being taken to eliminate any future violations of similar
nature.
54.76 CONSENT ORDERS AND INTERIM LIMITS
A. The Director may enter into Consent orders, assurances of compliance, or other similar
documents establishing an agreement with any User responsible for noncompliance. Such
documents will include specific action to be taken by the User to correct the noncompliance within
a time period specified by the document. Discharge Limits may be included in a Consent order,
at the discretion of the Director, when the User is working in Good Faith to correct the
noncompliance. Such documents shall have the same force and effect as the administrative
Page 40 of 45
orders issued pursuant to Sections 54.78 and 54.79 of this Chapter and shall be judicially
enforceable.
B. Interim Discharge Limits (Interim Limits) may be issued as a condition of a pretreatment
enforcement response. Any Consent Order issued to an iU under the provisions of this Chapter
may include interim Limits for the duration of such order. Interim Limits shall be established and
approved by the Director. If Interim Limits are established, the IU shall acknowledge that any
violation of such limits will, in addition to any other remedies or causes of action the District may
have, result in penalties for each such violation. Compliance with interim Limits shall not relieve
the IU from liability under the provisions of this Chapter, Federal or State regulations or statutes
except as specifically provided in the Consent Order in which they are incorporated. Interim
Limits shall not exceed five (5) times the [U`s current permit discharge limits).
54.77 SHOW CAUSE HEARING
The Director may order a User which has violated, or continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, to appear before. the Director and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the User specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the User show cause why
the proposed 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 authorized representative of the User. A show cause
hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
54.78 ADMINISTRATIVE COMPLIANCE ORDERS
When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the Director may issue an order to the User responsible for the discharge directing that the
User come in compliance within a specified time. If the User does not come into compliance within the
time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders also may contain other
requirements to address the noncompliance, including additional self -monitoring and management
practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order
may not extend the deadline for compliance established for a pretreatment standard or requirement, nor
does a compliance order relieve the User of liability of any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action
against the User.
54.79 CEASE AND DESIST ORDERS
When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard requirement,
or that the User's past violations are likely to recur, the Director may issue an order to the User directing it
to cease and desist all such violation and directing the User to:
A. immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operation and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other
action against the Users.
Page 41 of 45
54.80 ADMINISTRATIVE FINES
A. When the Director finds that a User has violated, or continues to violate, any provision of this Chapter,
a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the Director may fine such User in an amount not to exceed two thousand five hundred
($2,500.O0) dollars as set forth in the Enforcement Response Guide. Such fines shall be assessed on a
per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall
be assessed for each day during the period of violation.
B. Unpaid charges, fines, and penalties shall after forty-five (45) calendar days, be assessed an
additional penalty of ten percent-(10%) of the unpaid balance, and interest shall accrue thereafter at a
rate of one and one-half percent (1 112%) per month. A lien against the User's property will be sought for
unpaid charges, fines, and penalties.
C. Users desiring to dispute such finds must file a written request for the Director to reconsider the fine
along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a
request has merit, the Director may convene a meeting on the matter. In the event the User's appeal is
successful, the payment, together with an interest accruing thereto, shall be returned to the User.
D. issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other
action against the User.
54.81 EMERGENCY SUSPENSIONS
The Director may immediately suspend a User's discharge, after informal notice to the User, whenever
such suspension is necessary to stop an actual or threatened discharge which reasonably appears to
present or cause an imminent or substantial endangerment to the health or welfare of persons.
The Director may also immediately suspend a User's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which presents, or may present, an
endangerment.to the environment.
A. Any User notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a User's failure to immediately comply voluntarily with the
suspension order, the Director may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment any individuals. The Director may allow the User to recommence its
discharge when the User has demonstrated to the satisfaction of the Director that the period of
endangerment has passed, unless the termination proceedings in Section 54.82 of this Chapter
are initiated against the User.
B. A User that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence, to the Director prior to the
date of any show cause or termination hearing under Section 54.77 or 54.82 of this Chapter.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
54.82 TERMINATION OF DISCHARGE
In addition to any other provisions of this Chapter, any User who violated the following conditions is
subject to discharge termination:
Page 42 of 45
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
D. Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling;
E. Violation of the pretreatment standards in Section 54.58 of this Chapter. Such User will be
notified of the proposed termination of its discharge and be offered an opportunity to show cause
under Section 54.77 of this Chapter why the proposed action should not be taken. Exercise of
this option by the Director shall not be a bar to, or a prerequisite for, taking any other action
against the User.
54.83 JUDICIAL ENFORCEMENT REMEDIES
(A) Injunctive Relief
When the Director finds that a User has violated, or continues to violate, any provision of this
Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Director may petition through any court of general jurisdiction within
Wayne County, for the issuance of a temporary or permanent injunction, as appropriate, which
restrains or complies the specific performance of the wastewater discharge permit, order, or other
requirement imposed by this Chapter on activities of the User. The Director may also seek such
other action as is appropriate for legal and/or equitable relief, including a requirement for the User
to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or
a prerequisite for, taking any other action against a User.
(B) Civil Penalties
In addition to the administrative fines available herein, a User who has violated, or continues to violate,
any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall also be liable to the District for a maximum civil penalty of
$2,500.00 per violation, per day. In the case of a monthly or other long-term average, discharge limit,
penalties shall accrue for each day during the period of the violation.
(1) In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by the
violation, the magnitude and duration of the violation, any economic benefit gained
through the User's violation, corrective actions by the User, the compliance history of the
User, and any other factor as justice requires.
(2) Filing a suit for civil penalties shall not be a bar against, or a prerequisite, for taking
any other action against a User.
(C) The Director may recover reasonable attorney's fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the District
54.84 REMEDIES NONEXCLUSIVE
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The remedies provided for in this Chapter 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 District 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.
54.85 VIOLATER TO PAY DAMAGES
In addition to the fines provided in 54.75 for conviction of a violation of this Chapter the Sanitary District
shall cause to be collected from the violator an amount equal to all damages as are sustained by the
District as a result of the violation. (Ord. 54-1981)
54.86 ADMINISTRATIVE APPEAL
In the event that a User disputes any interpretation or ruling of the Director on matters covered by the
Chapter, that User may request an appeal before the entire Board of Sanitary Commissioners, which
request must be in writing and be made within thirty (30) days of the Director's action. A hearing will be
held by the Board at which time the User may present its arguments on the issue.
54.87 FALSIFYING INFORMATION
Any person who knowingly makes any false statements, representations or certifications in any
application, record, report, plan or other document filed or required to be maintained pursuant to this
Chapter or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this Chapter, shall be guilty of a misdemeanor and upon
conviction, be punished by civil penalties. (Ord. 38-1985)
54.88 STATUTORY AUTHORITY
(a) This Chapter is adopted pursuant to I.C. 36-9-25-1 et seq., and all other statutes of the state,
as amended, relating to sewers and sanitation departments and districts, and the Board of
Sanitary commissioners shall have the powers conferred by state law.
(b) The Board of Sanitary Commissioners shall, in accordance with state law, make and enforce
whatever bylaws, rules, and regulations it may deem necessary for the safe, economical, and
efficient management of the sewage utility, for the construction and use of building sewers and
connections to the sewerage system, for the regulation of the rates and subsequent collection of
charges for any strength of waste surcharge, and in general for the implementation of the
provisions of this chapter. (Ord. 54-1981)
INTERPRETATION
54.89 SEVERABILITY
The invalidity of any section, clause, sentence, or provision of this Chapter shall not affect the validity of
any other part of this Chapter which can be given effect without the invalid part or parts. (Ord. 54-1981)
54.90 COMPLIANCE WITH STATE OR FEDERAL REQUIREMENTS
All provisions of this Chapter and limits set herein shall comply with any applicable state or federal
requirements now, or projected to be, in effect. (Ord. 54-1981 )
54.91 APPLICABLE STANDARDS
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Upon the promulgation of the National Categorical Pretreatment Standards for a particular Industrial
User, the said standard, if more stringent than the limitations imposed under this Chapter for sources
in that category, shall, when effective, immediately supersede the limitations and conditions imposed
under this chapter. State requirements and limitations on discharges apply in any case where they
are more stringent than Federal requirements or those contained in this Chapter. (Ord. 38-1985)
(Entire Chapter revised by Ord. 69-1997)
54.92 TENANT RESPONSIBILITY
Where an owner of property leases premises to any other person as a tenant under any rental or
lease agreement, if either the owner or the tenant is a user other than a domestic user, either or both
may be held responsible for compliance with the provisions of this Chapter.
Page 45 of 45
4Passed and adopted this' day of 85 by the Common Council of the City
of Richmond, Indiana.
resident
Ga r
ATTES
(Karen Chasteen, IAMC, MMC)
PRESENTED to the Mayor of the City of Richmond, Indiana, this%!�L day of
2019, at9:_!90P.m.
(Karen Chasteen, IAMC, MMC)
APP OVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this day
of o 9, at : -ON.m.
ATTEST:
(Karen Chasteen, IAMC, MMC)
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