HomeMy Public PortalAbout2008-08 - MUNICIPALLY OWNED UTILITIESORDINANCE 2008 -8
. AN ORDINANCE REPLACING CHAPTER 9 OF THE GREENCASTLE CITY CODE
REGARDING MUNICIPALLY OWNED UTILITIES
WHEREAS, the City of Greencastle is required to update its code to comply with the Indiana
Department of Environmental Management requirements regarding sewage pretreatment;
WHEREAS, there are other amendments to Chapter 9 of the Greencastle City Code which are necessary or
otherwise in the best interest of the City.
NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby
repeals Chapter 9 of the Greencastle City Code and replaces it with Chapter 9 Utilities, which is attached
hereto and incorporated herein.
This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and
its approval by the Mayor. Any terms and conditions contained in any other ordinance, resolution or policy
that are in conflict with the attached Chapter 9, are hereby repealed
'' /I PA , SSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this day
of �� A-0— .2008.
Lwf `� ✓ ` sru�i,
Ma k N. Ham er
Adam Cohen
Ji sie S. Bingham
Terry
Approved and signed by me this Ill day of Z , 2008 at � `S o'clock —�)m.
APPROVED
tie MtnTay, Mayor
AT IT ST:
Teresa Glenn, Clerk- Treasurer
CHAPTER 9
UTILITIES.
ARTICLE 1. GENERAL PROVISIONS.
Sec.
9 -1
Authority to Establish Utility Service.
Sec.
9 -2
Authority to Establish Waterworks.
Sec.
9 -3
Authority to Regulate the Disposal of Sanitary Sewage.
Sec.
9 -4
through Sec. 9 -9 Reserved for Future Use.
ARTICLE 2. WATERWORKS RATES AND CHARGES.
Sec.
9 -10
Application of Article.
Sec.
9-11
Monthly Metered Water Rate Schedule.
Sec.
9 -12
Minimum Monthly Metered Water Service Charge Schedule.
Sec.
9 -13
Fire Protection Charge Schedule.
Sec.
9 -14
Contract Users Water Rate Schedule.
See.
9 -15
Late Payment.
Sec.
9 -16
Bad Check Charge.
Sec.
9 -17
Tap -In Charges
Sec.
9 -18
Payment in Lieu of Property Taxes.
Sec.
9 -19
Reasonable Return.
Sec.
9 -20
Effective Date.
Sec.
9 -21
Water Service Deposit Fee.
Sec.
9 -22
through Sec. 9 -24 Reserved for Future Use.
ARTICLE 3. SEWER SERVICE RATES AND CHARGES
Sec.
9 -25
Monthly Rates and Charges.
Sec.
9 -26
Billing and Payment of Sewer Charges.
Sec.
9 -27
Sewage Deposit Fee.
Sec.
9 -28
Sewage Connection Fees.
Sec.
9 -29
Connection of Clear Water Drains to Sanitary Sewer Prohibited.
Sec.
9 -30
Reduction of Inflow and Infiltration (VI) from the Sanitary Sewage Collection and
Treatment Systems.
Sec.
9 -31
through Sec. 9 -32 Reserved for Future Use.
ARTICLE 4. ADJUSTMENT TO CHARGES.
Sec. 9 -33 Adjustments to Water and Sewer Charges.
Sec. 9 -34 Reserved for Future Use.
AR'T'ICLE 5. SEWAGE WORKS FUNDS.
O
Sec.
9 -35
Revenue Fund.
Sec.
9 -36
Operation and Maintenance Fund.
Sec.
9 -37
Sewage Works Sinking Fund.
Sec.
9 -38
Sewage Works Improvement Fund.
Sec.
9 -39
Maintenance of Funds.
Sec.
9 -40
through Sec. 9 -44 Reserved for Future Use.
455
§ 9 -96 UTILITIES
•
Division V. Wastewater Discharge Permit Issuance Process
Sec.
9 -101
Wastewater Discharge Permit Duration.
Sec.
9 -102
Wastewater Discharge Permit Contents.
Sec.
9 -103
Wastewater Discharge Permit Appeals.
Sec.
9 -104
Wastewater Discharge Permit Modification.
Sec.
9 -105
Wastewater Discharge Permit Transfer.
Sec.
9 -106
Wastewater Discharge Permit Revocation.
Sec.
9 -107
Wastewater Discharge Permit Reissuance.
See.
9 -108
Regulation of Waste Received from Other Jurisdictions.
Sec.
9 -109
through Sec. 9 -110 Reserved for Future Use.
Division VI. Reporting Requirements
Sec.
9 -111
Baseline Monitoring Reports.
Sec.
9 -112
Compliance Schedule Progress Reports.
Sec.
9 -113
Reports on Compliance with Categorical Pretreatment Standard Deadline.
Sec.
9 -114
Periodic Compliance Reports.
Sec.
9 -115
Reports of Changed Conditions.
Sec.
9 -116
Reports of Potential Problems.
Sec.
9 -117
Reports from Unpermitted Users.
Sec.
Sec.
9 -118
9 -119
Notice of Violation/Repeat Sampling and Reporting.
Notification of the Discharge of Hazardous Waste.
Sec.
9 -120
Analytical Requirements.
Sec.
9 -121
Sample Collection.
See.
9-122
Timing.
Sec.
9 -123
Record Keeping.
Sec.
9 -124
through Sec. 9 -130 Reserved for Future Use.
Division VII. Compliance Monitoring
Sec.
9 -131
Right of Entry: Inspection and Sampling.
Sec.
9 -132
Search Warrants.
Sec.
9 -133
through Sec. 9 -135 Reserved for Future Use.
Division VIII. Confidential Information.
Sec.
9 -136
Request for User Information.
Sec.
9-137
Exceptions.
Sec.
9 -138
through Sec. 9 -140 Reserved for I'UIUI'C Use.
§ 9 -140
457
CHAPTER 91
6 UTILITIES.
ARTICLE 1. GENERAL PROVISIONS.'
Sec. 9 -1 Authority to Establish Utility Service.'
A City may furnish or regulate the furnishing of utility service to the public.
See. 9 -2 Authority to Establish Waterworks.'
A City may regulate the furnishing of water to the public, and may establish, maintain, and
operate waterworks.
See. 9 -3 Authority to Regulate the Disposal of Sanitary Sewage. 5
a. A City may regulate the furnishing of the service of collecting, processing, and disposing of
waste substances and domestic or sanitary sewage, which includes the power to fix the price to be
charged for that service.
b. A City may collect, process, and dispose of waste substances and domestic or sanitary sewage,
and may establish, maintain, and operate sewers, sewage disposal systems, and systems to collect
and dispose of waste substances.
See. 9 -4 through See. 9 -9 Reserved for Future Use.
ARTICLE 2. WATERWORKS RATES AND CHARGES.
See. 9-10 Application of Article.'
For the use and service rendered by the waterworks system of the City of Greencastle, the rates
and charges specified in this Article will be applicable. (Ord. No. 1995 -12, § 715 -5, 7- 18 -95)
Editor's Note: With the passage of Ord. No. 2008 -8, all previous Chapter 9, Utilities codes were repealed and replaced.
2 LC., §§ 36- 9 -23 -1 through 36- 9- 21 -36, address nwnicipal sewage works.
3 LC., § 36- 9-2 -I5, addresses utility service to the public.
4 I.C., § 36- 9 -2 -14, addresses Walerworks.
5 1.C., §§ 36- 9 -2 -I6 and 36- 9 -2 -17, address the disposal of substances and domestic or sanitary sewage.
6 I.C., § 8- 1.5 -3 -8, addresses rates and charges.
® ' Editor's Note: With the passage of Ord. No. 1991 -13, Ord. No. 1990 -4 was repealed. Ord. No. 1995 -12 amended
portions of Ord. No. 1995 -8 which had been passed on May 22, 1995.
462
§ 9 -13 UTILITIES § 9 -16
Private Fire Connections
Size of Connection
Charge per Annum
4 -inch .............. ............................... $ 231.38
6 -inch ....................... .........................509.05
8 -inch ....................... .........................910.09
I0 -inch .............. ............................... 1,434.54
12 -inch .............. ............................... 2,082.43
wlu. r+v. Lvvo -7, Uru. IVO. 1"6 -1 /)
Sec. 9 -14 Contract Users Water Rate Schedule
Metered Consumption
Volumetric Rate for All Wholesale Consumption....... Rate per 100 cubic feet $1.72
tUru. tvo. Ztrvo -9, Ura. No. 1998 -1 /)
Sec. 9 -15 Late Payment.
Payments for water service are due on the 10' of each month. Late payments shall be subject
to the following:
a. The City shall allow a one business day grace period after the 10" of the month before
assessing a late payment charge. All bills for water service not paid on or before that date shall be
subject to a late payment charge of ten percent (10 %) of the bill. (Ord. Nos. 2004 -28, 1996 -1, §
715 -30, 1- 23 -96)
b. The City may disconnect water service on any account where payment has not been received
within thirty (30) days of the due date. There shall be a thirty dollar ($30.00) reconnection fee for
every service that is reconnected as a result of disconnection due to late payment
11
Sec. 9 -16 Bad Check Charge.
When a customer's check is not honored due to insufficient funds, a charge for processing will
be made by the waterworks in the amount of twenty dollar ($20.00). (Ord. No. 1996 -1, § 715.30 b,
1- 22 -96)
are%]
§ 9 -20 UTILITIES
Sec. 9 -20 Effective Date.
§ 9 -25
• This ordinance shall be effective for all water service tendered after the date of approval of these
rates and charges by the Indiana Utility Regulatory Commission. (Ord. No. 1991 -13, § II, 7- 23 -91;
Ord. No. 1995 -12, § 11, 7- 18 -95)
Sec. 9 -21 Water Service Deposit Fee. (Ord. No. 1997 -9)
a. The amount of the refundable water service deposit shall be Fifty and no /100 Dollars ($50.00)
for service provided to the customer. Deposits may be waived by the Superintendent for customers
with satisfactory prior payment records.
b. After two (2) years of on -time, current payment of bills, the deposits shall be refunded to the
customer, without interest.
c. If there is a disruption in service or payment another deposit may be required.
Sec. 9 -22 through Sec. 9 -24 Reserved for Future Use.
ARTICLE 3. SEWER SERVICE RATES AND CHARGES.
Sec. 9 -25 Monthly Rates and Charges. s
a. There shall be and is established monthly rates and charges for the use and service of the
municipal sewer system of the City of Greencastle.
b. The owner of each and every lot, parcel of real estate, or building that is connected with and
• uses exclusively a metered water supply shall be charged for sewer services according to the water
meter reading as follows:
1. For all usage there shall be a charge of five dollars and eighteen cents ($5.18) per one
hundred (100) cubic feet of water. (Ord. No. 2006 -8)
2. The minimum charge shall be seventeen dollars and eighteen cents ($17.18) a month for
each connection to the sanitary sewer system. (Ord. No. 2006 -8)
c. Water from sources other than the public water supply, if discharged in the public sewer
system, shall be metered and sewer service charges imposed in accordance with the foregoing
schedule.
d. The charge for acceptance and treatment ofseptage shall be $.07 per gallon. (Ord. No. 2007-
13) Beginning January 1, 2009, the charge shall be $.085 per gallon. (Ord. No. 2008 -8)
e. The rates and charges in this Section are declared to be just and equitable and shall apply to
all residential, commercial, and industrial establishments directly or indirectly connected with the
municipal sewer system of the City.
Editor's Note: Sewer rate ordinances include Ord. Nos, 1966 -7, 1977 -13, 1977 -15, 1980 -10, 1980 -14, 1994 -12, 2001-
5, 2006 -8 and 2007 -13.
465
§ 9 -28 UTILITIES § 9 -30
0
Permit Fees for Connection & Use
Sanitary Server Facilities
WATER METER SIZE PERMIT & INSPECTION
5/ e"&3/ .............. ...............................
$ 1,500.00
1" .................. ...............................
2,700.00
1 %a" ................ ...............................
4,200.00
IV .. ................ ...............................
6,000.00
2" ................. ...............................
10,500.00
3" ................. ...............................
24,000.00
4" ................. ...............................
42,000.00
Meter sizes above 4" shall be based on actual flow requirements.
Replacement of existing lateral — $50.00 (inspection fee only).
Connection fees for single family residences existing within the City limits prior to
effective date of Ordinance 2002 -2 — $1,000.00.
Fire protection supply meters shall not apply for sanitary sewer fees.
E
The commercial and industrial expansion fee shall be $725.00 per E.D.U. This shall
be based upon an expansion that requires the issuance of a building permit.
(Ord. No. 2002 -2)
Sec. 9 -29 Connection of Clear Water Drains to Sanitary Sewer Prohibited (Ord. 2003 -3).
a. No downspouts, footing drains, sump pumps or other clearwater drains of any kind or
character may be connected to or with any combination sewer or any sanitary sewer or sewers in the
City of Greencastle.
b. Any such existing connections to the City's combination sewers and sanitary sewer or sewers
in the City of Greencastle are prohibited and must be disconnected immediately.
c. Any person, firm or corporation violating any of the provisions of this section commits a
Class D ordinance violation and shall be subject to a fine of twenty -five dollars ($25.00) for each
offense thereafter. A separate offense shall be deemed committed on each calendar day after a sixty
(60) daynotification by the Sewer Superintendent, which violation occurs or continues. (Ord. 2003-
3, Ord. No. 1, 1961,§§ 1-3,4-24-61; 1986 Ci0; of Greencast1e Code, § 720 -5)
Sec. 9 -30 Reduction of Inflow and Infiltration (I/1) from the Sanitary Sewage Collection and
Treatment Systems.
a. The Board of Public Works and Safety shall develop and administer a program to reduce UI
from entering the sanitary sewage collection and treatment systems. This program shall address
public and private locations. This program shall be summarized in a "Policy Document to Reduce
Inflow and Infiltration (I/I) from the Sanitary Sewage Collection and Treatment Systems," herein
after referred to as the "Policy." (Ord. 2003 -3)
467
§ 9 -33 UTILITIES § 9 -34
the water did go through the sanitary sewer system, or cannot prove otherwise, the rate payer shall
be responsible for the companion sewer bill for the full amount of the water leak. If not specifically
ascertainable, the rate payer shall pay an amount equal to the amount of the average of bills from
the three previous months. If three months of bills are not available, the amount shall be determined
by the Wastewater Superintendent.
2. A request for a reduction of a water bill, due to a leak, must be submitted to the Board
of Public Works and Safety for review and determination.
3. A reduction in the amount of a current bill is available to customers only one time in a
one -year period. Any exceptions to the rule must be submitted to the Board of Public Works and
Safety for review and determination at its next regularly scheduled board meeting.
c. Unusual Circumstance. Any person who is charged with the rates herein, who is dissatisfied
due to peculiar or unusual use of circumstance, may file a written request for adjustment of the bill
with the Mayor or his/her designee. The Mayor or his/her designee shall have the authority to make
adjustments to bills up to five - hundred dollars ($500.00) or may forward the request to the
Greencastle Board of Public Works and Safety for determination. All requests over $500.00 shall
be submitted directly to the Board of Public Works and Safety for determination of the adjustment,
if any, which would be appropriate under the circumstances.
See. 9 -34 Reserved for Future Use.
0
E
469
§ 9 -37 UTILITIES § 9 -44
may be deposited into the Reserve Account. The initial deposit shall cause the aggregate balance
in the Reserve Account to equal but not exceed the least of 1) maximum annual debt service on the
bonds and the 1991 bonds, 2) one hundred twenty -five percent (125 %) of average annual debt
service on the bonds and the 1991 bonds, or 3) ten percent (10 %) of the proceeds of the bonds and
the 1991 bonds ( "Reserve Requirement "). If no initial deposit is made or the initial deposit does not
cause the Reserve Account to equal the Reserve Requirement, the City shall deposit a sum of net
revenues into the Reserve Account on the last day of each calendar month until the balance therein
does equal the Reserve Requirement within five (5) years of the date of delivery of the bonds. The
Reserve Account shall constitute the margin for safety and protection against default in the payment
of principal of and interest on the bonds and the 1991 bonds, and the monies in the Reserve Account
shall be used to pay current principal and interest on the bonds and the 1991 bonds to the extent that
monies in the Bond and Interest Account are insufficient for that purpose. Any deficiency in the
balance maintained in Reserve Account shall be made up from the next available Net Revenues
remaining after credits into the Bond and Interest Account. Any monies in the Reserve Account in
excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement
Fund or be used for the purchase of outstanding bonds or installments of principal of fully registered
bonds or 1991 bonds at a price not exceeding par and accrued interest. (Ord. No. 1994 -6, § 16, 6 -7-
94)
Sec. 9 -38 Sewage Works Improvement Fund.
There is continued a special fund designated the "Sewage Work Improvement Fund ". Any
excess revenues may be transferred or credited from the Revenue Fund to the Sewage Works
Improvement Fund, and said Fund shall be used for improvements, replacements, additions and
extensions of the sewage works. Monies in the Sewage Works Improvement Fund shall be
transferred to the Sewage Works Sinking Fund if necessary to prevent a default in the payment of
principal of and interest on the then outstanding bonds or 1991 bonds or, if necessary, to eliminate
any deficiencies in credits to or minimum balance in the Reserve Account of the Sewage Works
Sinking Fund or may be transferred to the Operation and Maintenance Fund to meet unforeseen
contingencies in the operation, repair and maintenance of the sewage works. (Ord. No. 1994 -6, §
16, 6- 17 -94)
See. 9 -39 Maintenance of Funds.
The Sinking Fund shall be deposited in and maintained as a separate account or accounts from
all other accounts of the City. The Operation and Maintenance Fund and the Improvement Fund may
be maintained in a single account, or accounts, but such account, or accounts shall likewise be
maintained separate and apart from all other accounts of the City and apart from the Sinking Fund
account or accounts. All monies deposited in the accounts shall be deposited, held and secured as
public funds in accordance with the public depository laws of the State of Indiana; provided that
monies therein may be invested in obligations in accordance with the applicable laws, including
particularly Indiana Code, Title 5, Article 14, as amended or supplemented, and in the event of such
investment the income therefrom shall become a part of the funds invested and shall be used only
as provided in this ordinance. (Ord. No. 1994 -6, § 17, 6- 17 -94)
See. 9 -40 through Sec. 9 -44 Reserved for Future Use.
•
10 Editor's Note: The funds addressed in §§ 9 -35 through 9 -39 are listed by name only in § 2 -164 of this Code.
471
§ 9 -45 UTILITIES § 9 -45
j. Garbage means solid wastes from the preparation, cooking, and dispensing of food and from
the handling, storage, and sale of produce. (1986 City of Greencastle Code, § 340 -5)
k. Industrial Wastewater shall mean the discharge of a liquid resulting from the processes
employed in industrial establishments.
1. Major Contributing Industry shall mean an industrial user of the publicly owned treatment
works that:
1. has a flow of 50,000 gallons or more per average work day,
2. has a flow greater than five percent (5 %) of the flow carried by the municipal system
receiving the waste;
3. has in its waste a toxic pollutant in toxic amounts as defined in standards issued under
Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972, as amended; or
4. is found by the Approving Authority in connection with the issuance of an NPDES or
State of Indiana permit to the publicly owned treatment works receiving the waste, to have
significant impact, either singly or in combination with other contributing industries, on that
treatment works or upon the quality of effluent from that treatment works.
m. May is permissive; Shall is mandatory.
5) n. Mayor means the Mayor of the City of Greencastle. (1986 City of Greencastle Code, § 340-
o. Meter Measurement shall mean the act of or result of determining the quantity of water
supplied to a customer by an instrument or device used for such purpose and approved by the
Approving Authority.
p. Mg /I shall mean milligrams per liter.
q. NPDES shall mean the National Pollutant Discharge Elimination System as defined in
Section 402 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92 -500),
as amended.
r. Normal Domestic Sewage includes those wastes normally found in a municipal sewerage
system. Specifically, a normal domestic sewage shall not include:
I. Concentrations of BOD in excess of three - hundred (300) nmg/I;
2. Suspended solids in excess of three- hundred (300) nmg/1;
3. Grease content in excess ofone- hundred (100) nmg/I;
4. Wastes considered by the City of Greencastle to be incompatible with the functioning of
its municipal sewage collection and treatment works; or
•
473
§ 9 -45 UTILITIES § 9 -46
originally designed or as required to achieve the results of adequate transportation and treatment of
sewage. The sewer service charge shall include such costs to the City as operation, maintenance, and
replacement of the sewerage works and shall be allocated to each user based on the costs associated
with the transportation and treatment of wastes from that user. The sewage service charge shall be
the minimum charged each user for such costs as capital improvements or other activities as may be
deemed appropriate by the City of Greencastle. (1986 City of Greencastle Code, § 340 -5)
ff. Slug shall mean any discharge of water or wastewater which in concentration of any given
constituent or in quantity of flow exceeds any period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty four (24) hour concentration or flow during normal
operation.
gg. Standard Methods shall mean "Standard Methods for the Examination of Water and
Wastewater" prepared and published jointly by the American Public Health Association, the
American Water Works Association and The Water Pollution Control Federation.
hh. Storm Drainage includes storm water and surface water, street wash, and other wash waters
or drainage, excluding sanitary sewage and industrial wastes. (1986 City of Greencastle Code, §
340 -5)
ii. Storm Sewers include those pipes or conduits intended to carry storm drainage. (l 986 City
of Greencastle Code, § 340 -5)
J. Storm Water shall mean any flow occurring during or immediately following any form of
natural precipitation and resulting therefrom.
® kk. Suspended Solids shall mean solids that either float on the surface of, or are in suspension
in, water, sewage, or other liquids, and which are removable by laboratory filtration. The quantity
of suspended solids shall be determined by one of the acceptable methods described in the latest
edition of "Standard Methods for the Examination of Water and Wastewater" published by the
American Public Health Association.
11. Unpolluted Water is water not containing anypollutants limited or prohibited by the effluent
standards in effect, or water whose discharge will not cause any violation of receiving water quality
standards.
mm. User means any person discharging wastes to the City of Greencastle Sewerage Facilities.
nn. Wastewater shall mean domestic sewage and industrial wastewaters discharged to the City
of Greencastle Sewerage Facilities. (Ord. No. 1977 -5, § 1, 3- 14 -77)
As used in this Article "may" is permissive and "shall' is mandatory. (1986 City of Greencastle
Code. § 340 -5)
Sec. 9 -46 Use of Public Sewers Required.
a. It shall be unlawful for a ny p erson to place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within the City of Greencastle, or in any area under
jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.
11
475
§ 9 -48 UTILITIES § 9 -48
e. The size, slope, alignment, materials of construction of a building sewer, and the methods to be
used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform
to the requirements of the building and plumbing code or other applicable rules and regulations of the
City. In the absence of code provisions, the materials and procedures set forth in appropriate
specifications of the A.S.T.M. And W.P.C.P. Manual of Practice No. 9 shall apply.
f Whenever possible, the building sewer shall be brought to the building at an elevation below the
basement floor. In all buildings in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and
discharged to the building sewer.
g. No person shall make connection of roof downspouts, exterior foundation drains, areawaydrains,
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.
h. The connection of the building sewer into the public sewer shall conform to the requirements
of the building and plumbing code or other applicable rules and regulations of the City, or the
procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice
No. 9.
i. All connections shall be made gastight and watertight and the connection of a building sewer to
the public sanitary sewer, at places where no wye or tee has been provided, shall be made by use of a
"saddle" at the public sewer. Any deviation from the prescribed procedures and materials must be
approved by the Approving Authority before installation.
j. The applicant for the building sewer permit shall notify the approving Authority or his
® representative when the building sewer is ready for inspection and connection to the public sewer. The
connection shall be made by or under the supervision of the Approving Authority.
k. All excavations for building sewer installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner satisfactory to the City.
1. All cafes, restaurants, hotels, or food preparation establishments shall install a grease trap on the
kitchen waste line. The grease trap must precede the septic tank on the kitchen waste line if a septic
tank is used. The grease trap must be designed in accordance with current engineering standards and
shall be easily accessible for cleaning. Grease traps shall be cleaned periodically by the owner or
operator of the facility. Failure to do periodic cleaning which results in a stoppage of the City sewer
system shall constitute an ordinance violation. If City employees are required to clean out the City
sewer lines as a result of a stoppage due to a clogged grease trap, the property owner or operator shall
be further required to pay the costs of the City labor and materials required to clean out the sewer lines.
m. All existing cafes, restaurants, hotels, or food preparation establishments shall be required to
construct a grease trap within ninety (90) days after notification by the City, at the owner's expense, if
and when the Approving Authority determines that a grease problem exists which is capable of causing
damage or operational problems to structures or equipment in the City sewer system. The City shall
retain the right to inspect and approve installation of the grease trap facility. (Ord. No. 1977 -5, § 4, 3-
14 -77)
Sec. 9 -49 through Sec. 9 -60 Reserved for Future Use.
* *Page 478 through Page 485 Reserved for Future Use. **
477
§ 9 -62
UTILITIES § 9 -63
Sec. 9-62 Administration
S Except
as otherwise
provided herein, the Superintendent shall administer, implement, and enforce
the provisions of this
ordinance. Any powers granted to or duties imposed upon the Superintendent
may be delegated by
the Superintendent to other City personnel. (Ord. NO. 1996 -7, § 1.2, 7 -6 -96)
Sec. 9-63 Abbreviations.
The following abbreviations, when used in this ordinance, shall have the designated meanings:
• BOD -
Biochemical Oxygen Demand - Five Day
• CFR -
Code of Federal Regulations
• COD -
Chemical Oxygen Demand - Five Day
• EPA -
U.S. Environmental Protection Agency - Washington D.C.
• EPA Reg.
V - U.S. Environmental Protection Agency, Region V - Chicago, Illinois
• FOG -
Fats, Oil and Grease
• gpd -
gallons per day
• I.C. -
Indiana Code
• IDEM -
Indiana Department of Environmental Management
• mg\l -
milligrams per liter
• NPDES
- National Pollutant Discharge Elimination System
• O & G -
Oil and Grease
• POTW -
Publicly Owned Treatment Works
• RCRA -
Resource Conservation and Recovery Act
• SIC -
Standard Industrial Classification
• TSS -
Total Suspended Solids
U.S.C. -
United States Code (Ord. No. 1996 -7, § 1.3, 7 -6 -96)
s
1H:JF,
§ 9 -64 UTILITIES § 9 -64
h. COUNCIL. The Common Council of the City of Greencastle, Indiana.
e i. CITY. The City of Greencastle under the jurisdiction of the Common Council of the City of
Greencastle.
j. COMPOSITE SAMPLING. Method of sampling which weights sample volume with discharge
flow rate and or time weighted samples or manual composite sampling.
k. ENVIRONMENTAL PROTECTION AGENCY OR EPA. The U. S. Environmental Protection
Agency or, where appropriate, the Region V Water Management Division Director, or other duly
authorized official of said agency.
L E XISTING SOURCE. A ny s ource o f d ischarge, t lie c onstruction or operation o IF w hich
commenced prior to the publication by EPA 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.
m. GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow
in the wastestream and over a period of time not to exceed fifteen (15) minutes.
n. INDIRECT DISCHARGE OR DISCHARGE. The introduction of pollutants into the POTWfrom
any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
O. INSTANTANEOUS MAXIM UM ALLOWABLE DISCHARGE LIMIT. The maximum concentration
of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or
composited sample collected, independent of the industrial flow rate and the duration of the sampling
® event.
p. INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge
processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of
the Act; the Solid Waste disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act;
the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
q. MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, bodyparts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
EMS
§ 9 -64 UTILITIES § 9 -64
t. PASS THROUGH. A discharge which exits the POTW into waters of the United States in
quantities of concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the City's NPDES permit (IN0021032), including
an increase in the magnitude or duration of a violation.
U. PERSON. Any individual, partnership, copartnership, firm, company, corporation, association,
joint stock company, trust estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all Federal, State, and local governmental
entities.
v. PH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
W. POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes, 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).
X. PRETREATMENT. 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, introducing such
pollutants into the POTW. This reduction or a Iteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
y. PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
n
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§ 9 -64 UTILITIES § 9 -70
hh. STORM WATER. Any flow occurring during or following any form of natural precipitation,
• and resulting from such precipitation, including snowmelt
ii. SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
J. USER OR INDUSTRIAL USER. A source of indirect discharge.
kk. SUPERINTENDENT. The person designated by the City of Greencastle Board of Public Works
and Safety who is charged with certain duties and responsibilities by this ordinance, or a duly authorized
representative.
11. WASTEWATER. Liquid and water - carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated
or untreated, which are contributed to the POTW.
MM. WASTEWATER TREATMENT PLANT OR TREATMENT PLANT. That portion of the POTW
which is designed to provide treatment of municipal sewage and industrial waste. (Ord. No. 1996 -7, §
1.4,7 -6 -96)
See. 9 -65 through See. 9 -70 Reserved for Future Use.
•
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§ 9 -71 UTILITIES § 9 -73
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface
• drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and
unpolluted wastewater, unless specifically authorized by the Superintendent.
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the Superintendent in a wastewater
discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test;
(16) Detergents, surface- active agents, or other substances which may cause excessive foaming
in the POTW;
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored
in such a manner that they could be discharged to the POTW. (Ord. No. 1996-7, § 2.1, 7 -6 -96)
Sec. 9 -72 Abnormal Waste Surcharge.
a. In the event the Approving Authority excludes a customer from the requirements of Section 9-
71 and the customer discharges abnormal industrial wastes to the public sanitary sewerage system
having an average total suspended solids (TSS) content in excess of 300 mg/I and/or an average of five
(5) day BOD in excess of 300 mg/l, ad/or an average of five (5) day COD in excess of 500 mg/l, the
customer shall pay a surcharge based upon the excess strength of his wastes.
b. The costs of treatment for each pound of BOD, suspended solids, or grease removed by each
• treatment works shall be reviewed by the City at the end of each fiscal year. If a discrepancy exists
between the actual costs as found by the City and the estimated costs, the Approving Authority shall
increase or decrease the surcharge rates sufficiently to cover only the projected actual costs for the
ensuing year.
c. No reduction in sewerage service charges, fees, or taxes will be permitted because of the fact
that certain industrial wastes discharged to the public sanitary sewerage system contain less than 300
milligrams per liter of suspended solids or 300 milligrams per liter BOD. (Ord.No.1996 -7, §2.2,7 -6-
96)
Sec. 9 -73 National Categorical Pretreatment Standards.
The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 -471
are incorporated.
a. Where a categorical pretreatment standard is expressed only in terns of either the mass or
the concentration of a pollutant in wastewater, the Superintendent may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
b. When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the Superintendent shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
c. A user may obtain a variance from a categorical pretreatment standard if the user can prove,
pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its
O discharge are fundamentally different from the factors considered by EPA when developing the
categorical pretreatment standard.
495
§ 9 -74 UTILITIES § 9 -81
The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for "total" metal unless indicated otherwise. The
Superintendent may impose mass limitations in addition to, or in place of, the concentration -based
limitations above.
Upon the p romulgation o f the N ational C ategorical P retreatment S tandard (NCPS) for a
particular 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 ordinance. The Wastewater Superintendent shall notify all known affected users
of the applicable permitting and reporting requirements under 40 CFR 403.12. (Ord. No.1996 -7, § 2.4,
7 -6 -96)
Sec. 9 -75 Board's Right of Revision.
The Board reserves the right to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW. (Ord. No. 1996 -7, § 2.5, 7 -6 -96)
See. 9-76 Dilution.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment standard or requirement. The
Superintendent may impose mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements, or in other cases when the imposition of mass limitations is
appropriate. (Ord. No. 1996 -7, § 2.6, 7 -6 -96)
® See. 9 -77 through See. 9 -80 Reserved for Future Use.
Division III. Pretreatment of Wastewater.
Sec. 9 -81 Pretreatment Facilities.
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall
achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set
out in Section 9 -71 of this ordinance within the time limitations specified by EPA, the State, or the
Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the user's expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the Superintendent for review, and shall be acceptable to the
Superintendent before such facilities are constructed. The review of such plans and operating
procedures shall in no way relieve the user from responsibility of modifying such facilities as necessary
to produce a discharge acceptable to the City under the provisions of this ordinance. (Ord. No. 1996 -7,
§ 3.1, 7 -6 -96)
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§ 9 -92 UTILITIES § 9 -95
Sec. 9 -92 Wastewater Discharge Permit Requirement.
• a. No significant industrial user shall discharge wastewater into the POTW without first obtaining
a wastewater discharge permit from the Superintendent, except that a significant industrial user that has
filed a timely application pursuant to section 9 -93 of this ordinance may continue to discharge for the
time period specified therein.
b. The Superintendent may require other users to obtain wastewater discharge permits as necessary
to carry out the purposes of this ordinance.
c. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a
violation of this ordinance and subjects the wastewater discharge permittee or other violator to the
sanctions set out in Division IX through Division X11 of this ordinance. Obtaining a wastewater
discharge 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. No. 1996 -7, § 4.2, 7 -6 -96)
Sec. 9 -93 Wastewater Discharge Permitting: Existing Connections.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the
POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the
future, shall, within sixty (60) days after said date, apply to the Superintendent for a wastewater
discharge permit in accordance with Section 9 -95 of this ordinance, and shall not cause or allow
discharges to the POTW to continue after ninety (90) days of the effective date of this ordinance except
in accordance with a wastewater discharge permit issued by the Superintendent. (Ord. No. 1996 -7, §
4.3, 7 -6 -96)
® See. 9 -94 Wastewater Discharge Permitting: New Connections.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence
discharging into the POTW must obtain such permit prior to the beginning or recommencing of such
discharge. An application for this wastewater discharge permit, in accordance with Section 9 -95 of this
ordinance, must be filed at least sixty (60) days prior to the date upon which any discharge will begin
or recommence. (Ord. No. 1996 -7, § 4.4, 7 -6 -96)
See. 9 -95 Wastewater Discharge Permit Application Contents.
All users required to obtain a wastewater discharge permit must submit a permit application. The
Superintendent may require all users to submit as part of an application the following information:
a. All information required by Section 9 -1 1 l (b) of this ordinance;
b. 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 arc, or could accidentally or intentionally
be, discharged to the POTW;
c. Nurnberandtypeofemployces, hoursofoperation, andpropose cloractualhoursofoperation;
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499
§ 9 -101 UTILITIES § 9 -102
Division V Wastewater Discharge Permit Issuance Process.
• Sec. 9 -101 Wastewater Discharge Permit Duration.
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5)
years from the effective date of the permit. A wastewater discharge permit may be issued for a period
less than five 5) years, at the discretion of the Superintendent. Each wastewater discharge permit will
indicate a specific date upon which it will expire. (Ord. No. 1996 -7, § 5.1, 7 -6 -96)
Sec. 9 -102 Wastewater Discharge Permit Contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by
the Superintendent to prevent pass through or interference, protect the quality of the receiving stream
receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW.
a. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall
exceed five (5) years;
(2) A statement that the wastewater discharge permit is nontransferable without prior
notification to the Board in accordance with Section 9 -105 of this ordinance, and provisions for
furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
• (4) Self monitoring, sampling, reporting, notification, and record - keeping requirements.
These requirements shall include an identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on Federal, State, and local law; and
(5) 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.
b. Wastewater discharge permits MAY contain, but need not be limited to, the following
conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
501
§ 9 -104 UTILITIES § 9 -105
Sec. 9 -104 Wastewater Discharge Permit Modification.
® The Superintendent may modify a wastewater discharge permit for good cause, including, but not
limited to, the following reasons:
a. To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements;
b. To address significant alterations or additions to the user's operation, processes, orwastewater
volume or character since the time of wastewater discharge permit issuance;
c. A change in the POTW that requires either a temporary or permanent reduction or elimination
of the authorized discharge;
d. Information indicating that the permitted discharge poses a threat to the City's POTW, City
personnel, or the receiving waters;
e. Violation of any terms or conditions of the wastewater discharge permit;
f Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
g. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR
403.13;
h. To correct typographical or other errors in the wastewater discharge permit; or
i. To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord.
No. 1996 -7, § 5.4, 7 -6 -96)
Sec. 9 -105 Wastewater Discharge Permit Transfer.
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee
gives at least sixty (60) days advance notice to the Superintendent and the Superintendent approves the
wastewater discharge permit transfer. The notice to the Superintendent must include a written
certification by the new owner or operator which:
a. States that the new owner and /or operator has no immediate intent to change the facility's
operations and processes;
b. Identifies the specific date on which the transfer is to occur; and
c. Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of
the date of facility transfer. (Ord. No. 1996 -7, § 5.5, 7 -6 -96)
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§ 9 -107 UTILITIES § 9 -108
Sec. 9 -107 Wastewater Discharge Permit Reissuance.
• A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit
reissuance by submitting a complete permit application, in accordance with Section 9 -95 of this
ordinance, a minimum of one hundred eighty (180) days prior to the expiration of the user's existing
wastewater discharge permit. (Ord. No. 1996 -7, § 5.7, 7 -6 -96)
Sec. 9 -108 Regulation of Waste Received from Other Jurisdictions.
a. If another municipality, or sewer district contributes wastewater to the POTW, the Superintendent
shall enter into an intermunicipal or interdistrict agreement with the contributing entity.
b. Prior to entering into an agreement required by paragraph A, above, the Superintendent shall
request the following information from the contributing entity:
(1) A description of the quality and volume of wastewater discharged to the POTW by the
contributing entity;
(2) An inventory of all users located within the contributing entity that are discharging to the
POTW; and
(3) Such other information as the Superintendent may deem necessary.
c. An agreement, as required by paragraph (a.), above, shall contain the following conditions:
(1) A requirement for the contributing entity to adopt a sewer use ordinance which is at least as
stringent as this ordinance and local limits which are at least as stringent as those set out in Section 9 -74
. of this ordinance. The requirement shall specify that such ordinance and limits must be revised as
necessary to reflect changes made to the City's ordinance or local limits;
(2) A requirement for the contributing entity to submit a revised user inventory on at least an
annual basis;
(3) A provision specifying which pretreatment implementation activities, including: wastewater
discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the
contributing municipality; which of these activities will be conducted by the Superintendent; and which
of these activities will be conducted jointly by the contributing municipality and the Superintendent;
(4) A requirement for the contributing entity to provide the superintendent with access to all
information that the contributing entity obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing entity's wastewater at the point
where it discharges to the POTW;
(6) Requirements for monitoring the contributing entity's discharge;
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§ 9 -111 UTILITIES § 9 -112
(5) MEASUREMENT OF POLLUTANTS.
• (a) The categorical pretreatment standards applicable to each regulated process.
(b) The results of sampling and analysis identifying the nature and concentration, and/or
mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and long -term average concentrations, or
mass, where required, shall be reported. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in Section 9 -120 of this ordinance.
(c) Sampling must be performed in accordance with procedures set out in Section 9 -121 of
this ordinance.
(6) CERTIFICATION. A statement, reviewed by the user's authorized representative and certified
by a qualified professional, indicating whether pretreatment standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance (O &M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7) COMPLIANCE ORDER. When the City finds that a user is in violation of the ordinance or
applicable regulations or order issued, the City may direct the user to come into compliance within a
specified time for all additional pretreatment and O &M requirements. If the user does not come into
compliance within the time provided, sewer service may be discontinued.
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 set out in Section 9 -112 of this ordinance.
® (8) SIGNATURE AND CERTIFICATION. All baseline monitoring reports must be signed and
certified in accordance with Section 9 -96 of this ordinance. (Ord. No. 1996 -7, § 6.1, 7 -6 -96)
Sec. 9 -112 Compliance Schedule Progress Reports.
The following conditions shall apply to the compliance schedule required by Section 9-11 l (b)(7) of
this ordinance:
a. The schedule shall contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards (such events include, but are not
limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, project status reports, beginning operation, and
attaining compliance);
b. No increment referred to above shall exceed time (9) months;
C. The user shal I submit it progress report to the Superintendent no later than fourteen (14) days
following each date in the schedule and the final date of compliance including, as a minimum, whether
or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule, and
d. In no event shall more than nine (9) months elapse between such progress reports to the
Superintendent. (Ord. No. 1996 -7, § 6.2, 7 -6 -96)
•
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§ 9 -115 UTILITIES § 9 -117
b. The Superintendent may issue a wastewater discharge permit under Section 9 -97 of this
® ordinance or modify an existing wastewater discharge permit under Section 9 -104 of this ordinance in
response to changed conditions or anticipated changed conditions.
c. For purposes of this requirement, significant changes include, but are not limited to, flow
increases of twenty percent (20 %) or greater, and the discharge of any previously unreported pollutants.
(Ord. No. 1996 -7, § 6.5, 7 -6 -96)
Sec. 9 -116 Reports of Potential Problems.
a. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify the Superintendent 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.
b. Within five (5) days following such discharge, the user shall, unless waived by the
Superintendent, 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 imposed pursuant to this
ordinance.
c. A notice shall be permanently posted on the user's bulletin board or other prominent place
advising employees who to call in the event of a discharge described in paragraph (a.), above.
Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the
emergency notification procedure. (Ord. No. 1996 -7, § 6.6, 7 -6 -96)
Sec. 9 -117 Reports from Unpermitted Users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to
the Superintendent as the Superintendent may require. (Ord. No. 1996 -7, § 6.7, 7 -6 -96)
11
509
§ 9 -120 UTILITIES
Sec. 9 -120 Analytical Requirements.
§ 9 -130
• 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, unless otherwise specified in an applicable categorical pretreatment standard. If 40
CF)? Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved by EPA. (Ord. No. 1996 -7,
§ 6.10, 7 -6 -96)
Sec. 9 -121 Sample Collection.
a. Except as indicated in Section b, below, the user must collect wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is infeasible, the
Superintendent may authorize the use of time proportional sampling or a minimum of four (4) grab
samples where the user demonstrates that this will provide a representative sample of the effluent being
discharged. In addition, grab samples maybe required to show compliance with instantaneous discharge
limits.
b. Samples for oil and grease (O & G), temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques. (Ord. No. 1996 -7, § 6.11, 7 -6-
96)
See. 9-122 Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports which
are not mailed postage prepaid into a mail facility serviced by the United States Postal Service, the date
of receipt of the report shall govern. (Ord. No. 1996 -7, § 6.12, 7 -6 -96)
is Sec. 9-123 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities
required by this ordinance and any additional records of information obtained pursuant to monitoring
activities undertaken by the user independent of such requirements. 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 of Greencastle or where the user has been specifically notified of a longer retention period by the
Superintendent. (Ord. No. 1996 -7, § 6.13, 7 -6 -96)
Sec. 9 -124 through See. 9 -130 Reserved for Future Use.
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§ 9 -136 UTILITIES § 9 -142
Division VIII. Confidential Information.
® Sec. 9 -136 Request for User Information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs, and from the Wastewater
Superintendent'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 Superintendent,
that the release of such information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable State law. Any such request must be asserted at
the time of submission of the information or data. (Ord. No. 1996 -7, § 8, 7 -6 -96)
See. 9-137 Exceptions.
When requested and demonstrated by the user furnishing a report that such information should be
held confidential, the portions of a report which might disclose trade secrets or secret processes shall not
be made available to inspection by the public, but shall be made available immediately upon request to
governmental agencies for uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishings the report. Wastewater constituents and
characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as
confidential information and will be available to the public without restriction. (Ord. No. 1996-7, § 8,
7 -6 -96)
Sec. 9 -138 through Sec. 9 -140 Reserved for Future Use.
Division IX. Administrative Enforcement Remedies.
® See. 9 -141 Notification of Violation.
When the Superintendent finds that a userhas violated, or continues to violate, anyprovisions ofthis
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, the Superintendent may serve upon that user a written Notice of Violation. Within thirty
(30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions, shall be submitted by the user to
the Superintendent. Submission of this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the
authority ofthe Superintendent to take any action, including emergency actions or any other enforcement
action, without first issuing a Notice of Violation. (Ord. No. 1996 -7, § 9.1, 7 -6 -96)
Sec. 9 -142 Consent Orders.
The Superintendent may enter into Consent Orders, assurances of voluntary compliance, or other
similar documents establishing an agrcement with any user responsible for noncompliance. Such
documents will include specific action to betaken by the user to correct the noncompliancewithin a time
period specified by the document. Such documents shall have the same force and effect as the
administrative o rders i ssued p ursuant t o S ections 9 -144 and 9 -145 o ft his o rdinance a rid s hall b e
judicially enforceable. (Ord. No. 1996 -7, § 9.2, 7 -6 -96)
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§ 9 -146 UTILITIES § 9 -147
® Sec. 9 -146 Administrative Fines.
a. When the Superintendent finds that a user has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may fine such user in an amount not to exceed two -
thousand, five - hundred dollars ($2,500.00) as provided by I.C. § 36- 1 -3 -8. 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 sixty (60) calendar days, be assessed an additional
penalty of ten percent (10 %) of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8
percent per month. A lien against the user's property will be sought for unpaid charges, fines, and
penalties.
c. Users desiring to dispute such fines must file a written request for the Superintendent 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 Superintendent may convene a hearing on the matter. In the
event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be
returned to the user. The Superintendent may add the costs of preparing administrative enforcement
actions, such as notices and order, court costs and attorney fees, to the fine.
d. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other
action against the user. (Ord. No. 1996 -7, § 9.6, 7 -6 -96)
Sec. 9 -147 Emergency Suspensions.
The Superintendent may immediately suspend a user's discharge, after formal 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
or the environment. The Superintendent 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 Superintendent may take such steps as deemed necessary, including immediate severance of
the sewer connection, to prevent or minimize the danger to the POTW, its receiving stream, or
endangerment to any individuals. The Superintendent may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment
has passed.
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§ 9 -152 UTILITIES § 9 -158
Sec. 9 -152 Civil Penalties.
® Repealed by Ordinance 2008 -8 (Previously established by Ord. No. 1996 -7, §10.3, 7 -6 -96)
Sec. 9 -153 Remedies Nonexclusive.
The remedies provided for in this ordinance are not exclusive. The Superintendent may take any,
all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the City's enforcement response plan. However, the
Superintendent may take other action against any user when the circumstances warrant. Further, the
Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(Ord. No. 1996 -7, § 10.3, 7 -6 -96)
Sec. 9 -154 through Sec. 9 -158 Reserved for Future Use.
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