HomeMy Public PortalAbout072-2011 - General Ordinance - Amending Chapter 54 of the CityOrdinance 72-2011
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
(NPEDS) permit requires a re-evaluation of our mandated pretreatment
program, including an Enforcement Response Guide (ERG); and
WHEREAS, Technical re-evaluation of our local limits is required as part of this re-
evaluation, as well as adoption of streamlining regulations of federal law;
and
WHEREAS, in connection with this re-evaluation, it is deemed efficient, reasonable,
and necessary to separate out those ordinances which pertain to general
sewer usage, previously contained in Chapter 54, from those which remain
in Chapter 54 and pertain to mainly industrial pretreatment sewer usage,
for their better enforcement and understanding by those subject to them;
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: PRETREATMENT SEWER USAGE
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
54.06 Privy Vaults, Septic Tanks, and Cesspools Prohibited
54.07 Connection to Public Sewers Required
54.08 Discharge of Wastewater to Natural Outlets
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
Private Sewer Svstems
54.09 [This section intentionally left blank]
54.10 [This section intentionally left blank]
Building Sewers and Connections
54.11 [This section intentionally left blank]
54.12 [This section intentionally left blank]
54.13 [This section intentionally left blank]
54.14 [This section intentionally left blank]
54.15 [This section intentionally left blank]
54.16 [This section intentionally left blank]
54.17 [This section intentionally left blank]
54.18 [This section intentionally left blank]
54.19 [This section intentionally left blank]
54.20 [This section intentionally left blank]
54.21 [This section intentionally left blank]
54.22 [This section intentionally left blank]
54.23 [This section intentionally left blank]
54.24 [This section intentionally left blank]
54.25 [This section intentionally left blank]
54.26 [This section intentionally left blank]
54.27 [This section 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 [This section intentionally left blank]
54.32 [This section intentionally left blank]
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
54.45 [This section intentionally left blank]
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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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
54.53 Testing Requirements
54.54 Billing Procedure
54.55 Contract Method
54.56 Billing on a Regular Basis
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 [This section intentionally left blank]
54.63 Accidental Discharges/Slug Discharges
54.64 Dilution
54.65 Notice to Employees
54.66 Upsets
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 and Interim Limits
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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
Interpretation
54.89 Severability
54.90 Compliance with State or Federal Requirements
54.91 Applicable Standards
54.92 Tenant Responsibility
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 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) or Director of a National Pollutant
Discharge Elimination System (NPDES) state with an approved state pretreatment
program. (Ord.38-1985)
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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 operation
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 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 individual
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) "CATEGORIAL INDUSTRIAL USER" — An industrial User subject to a categorical
Pretreatment Standard or categorical Standard.
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(h) "CATEGORICAL PRETREATMENT STANDARD" -- See Definitions 54.02(nn)
(i) "CHEMICAL OXYGEN DEMAND or COD" —A measure of the oxygen required to
oxidize all compounds, both organic and inorganic, in water.
Q) "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 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 MAXIMIMUM" — 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 a 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)
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
(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.
(x) "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)
(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.
(ff) "INDUSTRIAL USER" or "IU" 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)
(hh) "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 / INFLOW" -- That total quantity of water from both infiltration and
inflow without distinguishing the source. (Ord. 54-1981)
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
Qj) "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) "INSTNTANEOUS 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.
(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 NPDES 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 II, 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).
(nn) "MAHL (Maximum Allowable Headworks Loading)" means the maximum loading of
a given pollutant that the POTW can accept without causing an exceedence 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)
(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 exceedence 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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
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 sewage works 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
(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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
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 as defined in 54.75(B)
(uu) "OTHER WASTES" -- Garbage, refuse, wood residues, sand, lime, cinders, ashes,
offal, night soil, silt, oil, tar, dyestuffs, acids, chemicals, and all other substances, not
sewage or industrial waste, which discharge would cause pollution or cause damage or
blockage to sewers. (Ord. 54-1981)
(vv) "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)
(ww) "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
(xx) "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)
(yy) "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.
(zz) "PRETREATMENT" -- The treatment of pollutants from privately owned sources
prior to introduction into a public treatment works except sewage from a residential user.
(Ord. 54-1981)
(aaa) "PRETREATMENT REQUIREMENTS" -- Any substantive or procedural
requirement related to pretreatment, other than a pretreatment standard imposed on an
Industrial User. (Ord. 38-1985)
(bbb) "PRETREATMENT STANDARDS" or "STANDARDS" -- Pretreatment standards
shall mean prohibited discharge standards, categorical pretreatment standards, and local
limits.
(ccc) "PROHIBITED DISCHARGE STANDARDS" or" PROHIBITED DISCHARGES" --
Absolute prohibitions against the discharge of certain substances; these prohibitions
appear in 54.39 of this Chapter
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
(ddd) "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)
(eee) "POTW (PUBLICLY OWNED TREATMENT WORKS)" -- A treatment works as
defined by Section 212 of the Clean Water Act which is owned by a state or municipality
as defined by Section 502 (4) of the Act, includes any sewers that convey wastewater to
such a treatment works, but does not include pipes, sewers, or other conveyances not
connected to a facility providing treatment. (Ord. 54-1981)
(fff) "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)
(ggg) "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)
(hhh) "SEPTIC TANK WASTE" -- Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
(iii) "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)
(jjj) "SEWER" -- A pipe or conduit for carrying either wastewater or land runoff, or both.
(kkk) "SHALL AND MAY" --
(1) "SHALL" -- is mandatory.
(2) "MAY" -- is permissive. (Ord. 54-1981)
(III) "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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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)(6), determine that such User
should not be considered a Significant Industrial User.
(mmm) "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)
(nnn) "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)
(000) "TOTAL SUSPENDED SOLIDS" (TSS) -- 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
(ppp) "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)
(qqq) "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,
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)
(rrr) "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)
(sss) "UPSET" — Refer ti Section 54.66 for the complete definition of Upset and its use
as an affirmative defense,
(ttt) "USER" — See "INDUSTRIAL USER
(uuu) "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)
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
(vvv) "WASTEWATER" -- Treated or untreated liquid and water -carried industrial or
domestic wastes from dwellings, commercial buildings, industrial 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)
(www) "WATERCOURSE" -- A natural or artificial channel for the passage of water either
continuously or intermittently. (Ord. 93-2002)
(xxx) "WASTEWATER TREATMENT PLANT" or "TREATMENT PLANT" -- That portion of
the POTW which is designed to provide treatment of municipal sewage and industrial
waste.. (Ord. 93-2002)
USE OF PUBLIC SEWERS REQUIRED
6Z91191LIB011 1 MAYAIli091= 1LZ►y1V
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, stormwater, surface
water, ground water, roof runoff, downspouts, swimming pools, subsurface drainage, 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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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
54.09 [This section intentionally left blank]
54.10 [This section intentionally left blank]
54.11 [This section intentionally left blank]
54.12 [This section intentionally left blank]
54.13 [This section intentionally left blank]
54.14 [This section intentionally left blank]
54.15 [This section intentionally left blank]
54.16 [This section intentionally left blank]
54.17 [This section intentionally left blank]
54.18 [This section intentionally left blank]
54.19 [This section intentionally left blank]
54.20 [This section intentionally left blank]
54.21 [This section intentionally left blank]
54.22 [This section intentionally left blank]
54.23 [This section intentionally left blank]
54.24 [This section intentionally left blank]
54.25 [This section intentionally left blank]
54.26 [This section intentionally left blank]
54.27 [This section intentionally left blank]
54.28 [This section intentionally left blank]
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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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)
54.31 [This section intentionally left blank]
54.32 [This section intentionally left blank]
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. 36-9-25-1 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 limits 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.
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
(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.
54.36 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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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.
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 (104-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-[c]up flashpoint of less than 140. F (60-C) using the
text methods specified in 40 CFR 261.21. (40CFR 403.5(b) Specific Prohibitions)
(d) Any solid or viscous wastes which cause obstruction to the flow in sewers 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(pp). (Ord. 93-2002)
(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.
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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)
Q) 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 sewage works. (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.
(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 POTW. 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)
he District's POTW has ample loading capacity for the contaminates, and
the consideration of mass based limits will not cause the POTW to
exceed the Maximum Allowable Headworks Loadings at the POTW
Headworks and the Industrial Users to exceed the Maximum Allowable
Industrial Headworks Loadings at the POTW Headworks (Ord. 72-2007)
(2) To maintain ample loading capacity for total copper, the District shall impose a
non -uniform (Tiered) allocation method for total copper as described and quantified
in this section. Tier 1 users are existing significant industrial users (SIUs) that do
not have a copper limitation in their most recent wastewater discharge permit at the
time of adoption of Ordinance 72-2007 on October 15, 2007; these users can
T
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
discharge wastewater with copper concentrations up to the demonstrated domestic
and commercial background level. Tier 2 users are existing significant industrial
users (SIUs) that do have a copper limitation in their wastewater discharge permit at
the time of adoption of Ordinance 72-2007; these users will remain at the existing
local copper limit. Tier 3 is reserved for any new significant industrial user that will
have a regulated copper discharge or any Tier 1 user that requests a permit
modification to become a regulated copper discharger. New significant industrial
users will be any industrial user required to obtain a wastewater discharge permit
following adoption of Ordinance 72-2007. Tier 3 copper limits will be calculated on a
case by case basis, but at no time, will a Tier 3 copper limit be established to
exceed the Maximum Allowable Industrial Headworks Loading or the Maximum
Allowable Headworks Loading for copper at the POTW Headworks.
Contaminate Concentration (mq/L)
Arsenic (total) 0.09
Cadmium (total) 0.04
Chromium (total) 0.20
Copper (total) Non -uniform Allocation:
Tier 1 Limitation (Domestic/Commercial Background Level) = 0.15 mg/L
Tier 2 Limitation (Existing Local Copper Limit) = 0.95 mg/L
Tier 3 Limitation = Calculated on a case by case basis while remaining
within the POTW's MAHL and MAIL for copper.
Cyanide 0.15
Lead (total) 0.20
Mercury (total) 0.0002
Molybdenum 0.55
Nickel (total) 1.10
Oil (hexane soluble
or equivalent)
100.0 [see paragraph 54.39(1) below]
Phenols
1.00
Selenium (total)
0.22
Silver
0.40
Zinc
3.00
(1) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in
excess of 100 mg/L or containing substances which may solidify or become viscous at
temperatures between 32, F and 150, F (O° C and 65, C). Processed vegetable and
animal origin fats and oils that cannot solidify or become viscous at temperatures
between 320 F and 1500 F (00 C and 650 C) may be discharged in excess of 100mg/L.
(Ord. 93-2002)
(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.
(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.
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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(hhh).
(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, nonbiodegradable 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(ggq) in a concentration that will cause pass
through or interference, or may pose danger to human health or the environment. Except
as provided in 54.38(C)(3), 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 through National Categorical Pretreatment Standards or any other pretreatment
standards. Local limit calculations will take into consideration such factors including, but
not limited to the specific toxic pollutant, flow volume, mass loadings 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
Create PDF files without this message by purchasing novaPDF printer (ht .Hwww.novapdf.com)
(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 individual 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, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, sampling and analyses must be performed in accordance with the
procedures 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)
54.44 GREASE, OIL, AND SAND INTERCEPTORS
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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
54.45 [This section intentionally left blank]
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 wastewater 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. (Ord. 54-1981) Penalty, see 54.75
through 54.85
54.47 PERSONS REQUIRED TO PROVIDE MONITORING MANHOLES
All Significant Industrial Users, as defined in 54.02(ggg), shall install a surveillance or monitoring
manhole, and all persons discharging into the public sewer system industrial waste mixtures of
BOD, TSS, or other compatible pollutants 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
N'LlE,E:A►1WJLK67►1►1x01[00101
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
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)
INDUSTRIAL WASTE CHARGES
54.50 SEWER SERVICE SURCHARGE
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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 or general 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 for 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;
Create PDF files without this message by purchasing novaPDF printer (ht .Hwww.novapdf.com)
(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;
(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.
(10) 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 a principal
executive officer of the User.
(B) Application for General Permits
Create PDF files without this message by purchasing novaPDF printer (ht .Hwww.novapdf.com)
(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
(e) In the opinion of the Director, are more appropriately controlled
under a general permit than under individual 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 or User meets the criteria in Section
54.52(B)(1)(a) through (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 Wastestream Formula per 54.52(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 individual 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
wastewater volume or characteristics since the time of the 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 individual wastewater discharge permit or
general permit.
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(6) 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) Revisions of or a grant of variance from categorical pretreatment standards pursuant
to 40 CFR 403.13. (Ord. 93-2002)
(8) To correct typographical or other errors in the permit. (Ord. 93-2002)
The filing of a request by the permittee for a discharge permit or general permit modification does
not stay any discharge permit or general permit conditions.
(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 indicates 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. 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
LISPS, the date of receipt of the report shall govern.
(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 the Combined Wastestream Formula found
in 40 CFR 403.6(e).
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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) Compliance 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 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 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.
(Ord. 93-2002)
(G) Transfer
Wastewater 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. Individual wastewater discharge
permits or coverage under general permits may be transferred to a new owner or operator only if
the permittee gives at least forty=five (45) days advance notice to the Director, and the Director
approves the individual wastewater discharge permit or general permit coverage transfer. The
advance notice to the Director must include a written certification by the new owner or operator
which:
(1) States that the new owner and/or operator has no immediate intent to change the
facility's operations and processes; and
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater
discharge permit or general permit.
Failure to provide at least forty-five (45) days advance notice of a transfer renders the individual
wastewater discharge permit under the general permit void as of the date of the facility transfer.
(H) Continuation of Expired Permits
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
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 sixty (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 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(A) and 54.57(B), 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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
The District shall sample and analyze the flow of industrial waste to determine the concentration
and total quantity of BOD 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)
54.56 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.
(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 may 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.
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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 POTW 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 categorical pretreatment standards applicable to each regulated
process.
(2) 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. Instantaneous, daily maximum, and long-term average
concentrations, or mass, were required, shall be reported. The sample
shall be representative of daily operations and shall be analyzed in
accordance with procedures as set forth in 54.41.
(3) Sampling must be performed in accordance with procedures as set
forth in 54.53(a) of this Chapter.
(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.
(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 (B)(2)(d-f). For industrial users subject to 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
Create PDF files without this message by purchasing novaPDF printer (ht .Hwww.novapdf.com)
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).
(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 signed and certified in accordance with 54.57(E), and must be
received or postmarked by the fifteenth (15th) day of the month following
each monitoring period.
(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, 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
(1) 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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
Industrial User, whom meets the signatory requirements as defined in 40 CFR
403.12(I). (Ord. 72-2007)
(2) 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.
(3) 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. I am aware that
there are significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations."
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 I,
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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
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, stormwater, 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
N'i�•'1(it►��:7�►C��:[�7��][►Yya_1:Z�7��I►y���C�l�►�C_1 3�[►y:[ya_1:Z�7�►
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 intentionally left blank]
(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 an accidental or deliberate 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 ten (10) 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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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 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
Each significant industrial user must be evaluated for a slug control. 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(hhh).
(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 IU must notify the Director 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 or 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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
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 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
(A) Upset means an exceptional incident in which there is a unintentional and temporary
noncompliance with categorical and/or noncategorical pretreatment standards because of factors
beyond the reasonable control of the User. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
(B) An upset shal constitute an affirmative defense to an action brought for noncompliance with
categorical and/or noncategorical pretreatment standar4ds if the requirements of paragraph (C),
below are met.
(C) A User who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the User can identify the cause(s) of the upset
(2) The facility was at the time being operated in a practical and competent manner and in
compliance with applicable operation and maintenance procedures; and
(3) The User has submitted the following information to the Director within twenty-four (24)
hours of becoming aware of the upset.
(a) A description of the upset and specific cause of noncompliance
(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(D) In any enforcement proceeding, the User seeking to establish the occurrence of an upset
shall have the burden of proof.
(E) Users shall have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical and/or noncategorical
pretreatment standards.
(F) Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical and/or noncategorical pretreatment standards upon reduction, loss,
or failure of its treatment facility until the facility is restored or an alternative method of treatment
is provided. This requirement applies I the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
�'i�:�I:7xK�7:7�1:7���►��[�7►
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
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
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 54.39 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 the largest daily newspaper published in the municipality
where the POTW is located, a list of the Users which, 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 during a six
month period exceed, by any magnitude, a numeric standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(I);
(B) Technical Review Criteria (TRC) violations - Thirty-three percent (33%) or more of
all measurements for each pollutant parameter taken during a six month period equal or
exceed the product of the numeric standard or requirement, including instantaneous
limits, as defined by 40 CFR 403.3(I), multiplied by the applicable TRC listed below:
Conventional Pollutants: Biochemical Oxygen Demand (BOD), Total Suspended
Solids (TSS), Fats, Oil, Grease (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 1.0 or 1.D below.
All Other Pollutants except pH:
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 wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining final compliance;
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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
application, 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 will 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.
li��pl �:7_1►1�L��j::C�7:7:�'7i7�1►ly�x�C�7:�
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.
Create PDF files without this message by purchasing novaPDF printer (ht .Hwww.novapdf.com)
(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 born 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
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 must notify the Director within
twenty-four (24) hours of becoming aware of the violation. If sampling performed by the District
indicates a violation the User will be notified within twenty-four (24) hours of becoming aware of
the violation. In all instances, the User shall repeat the sampling and analysis and submit the
results of the repeat analysis to the Director within thirty (30) days after becoming aware of the
violation.
(B) Reports of Potential Problems
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
(1) In the case of any discharge, including, but not limited to, accidental discharges, slug
discharges, or any other non -routine discharges, 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 ten (10) 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 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 notify the Director of any planned significant changes to the User's
operations or system which will alter 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)
(1) For purposes of this requirement, significant changes include, but are not limited 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)
Create PDF files without this message by purchasing novaPDF printer (ht .Hwww.novapdf.com)
(D) Notification of the 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 part 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 nonacute
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), required a onetime 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.
(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)
(6) 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.
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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
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 individual 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 (10) 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 voluntary 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. Interim
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 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 IU's current permit discharge limit(s).
54.77 SHOW CAUSE HEARING
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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
authorize representative of the User. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the User.
I ZWI:IF_19]► I1►16"]9:LMIDIMEK6]A1WI/_ 01INMEMV91A
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.
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.
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 ($2,500.00) 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.
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(B) Unpaid charges, finds, 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 1/2%) 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 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 of 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 has violated or continues to
violate the following conditions is subject to discharge termination:
(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;
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)
(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 compels 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 two thousand five hundred ($2,500.00)
dollars 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
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.
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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 subject
to administrative fines and other enforcement measures. (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
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
Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)
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.
BE IT FURTHER ORDAINED by the Common Council of the City of Richmond that
the Enforcement Response Guide adopted by the Board of Sanitary Commissioners of the
Richmond Sanitary District on November 22, 2011 be, and is hereby, passed and
adopted.
The amendment to this Ordinance, and the Enforcement Response Guide, shall be in full
force and effect from and after its passage and adoption by the Common Council of the
City of Richmond, Indiana.
Passed and adopted this 20th day of August, 2011, by the Common Council of the City of
Richmond, Indiana.
S/S Philip Matthew Quinn , President
Philip Matthew Quinn
ATTEST: S/S Karen Chateeen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 21st day of August,
2011, at 9:00 a.m.
S/S Karen Chasteen , City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 21st
day of August, 2011, at 9:05 a.m.
S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: S/S Karen Chateen City Clerk
(Karen Chasteen)
Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)