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HomeMy Public PortalAbout069-1997 - General Ordinance - Deletes Chapter 50 and amends Chapter 54 of the City CodeORDINANCE NO. 69-1997 A GENERAL ORDINANCE ELIMINATING CHAPTER 50 AND AMENDING CHAPTER 54 OF THE CITY OF RICHMOND CODE WHEREAS, Chapter 50 of the city of Richmond Code has regulated Sewage and Wastewater Treatment within the area of the Richmond Sanitary District; and WHEREAS, Chapter 54 of the City of Richmond Code also regulates Sewer Usage and Treatment within the area of the Richmond Sanitary District; and WHEREAS, on or about June 26-28, 1995, the United Stated Environmental Protection Agency (" EPA") conducted a pretreatment audit of the Richmond Sanitary District, which audit included a review of the City of Richmond's Sewer Use Ordinance (i.e.: Chapter 54) in order to ascertain if it complied with and had been updated with all applicable federal and state regulations; and WHEREAS, as a result of the above audit, EPA has, by Administrative Order dated February 8, 1996, required that Richmond update and submit a revised Sewer Use Ordinance; and WHEREAS, on or about July 1, 1996, the Board of Commissioners of the Richmond Sanitary District submitted a proposed, revised Sewer Use Ordinance to EPA for input and comment regarding its approval of any necessary changes; and WHEREAS, following further requested changes by EPA, a final draft of the proposed ordinance was submitted to EPA on or about January 17, 1997 for required public comment; and WHEREAS, EPA, thorough the Indiana Department of Environmental Management (IDEM) has now published notice for public comment regarding any change to the City's Pretreatment Program/Sewer Use Ordinance, which has resulted in no public comment thereon; and WHEREAS, IDEM and EPA have now approved the proposed new Sewer Use Ordinance and have requested that it be sent to Richmond Common Council for final review and adoption; and WHEREAS, as a result of the foregoing review and redrafting process, it was determined that Chapter 50 and Chapter 54 of the Richmond City Code "over -lapped" and contained similar material, all of which could be contained in one Chapter; and WHEREAS, as a result of the foregoing, there is now submitted to Richmond City Council by the Board of Commissioners for the Richmond Sanitary District a revised Chapter 54 as adopted May 24, 1997 by Richmond Sanitary District Resolution NO. 5-1997. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana as follows: 1. Chapter 50 of the Richmond City Code shall be eliminated and repealed in its entirety. 2. Chapter 54 of the Richmond City Code is hereby amended as follows: Passed and adopted this day of 1997, by the Common Council of the City of Richmond, Indiana. 46/A;/In�'r sident (Robert Dickman) ATTEST:. City Clerk (Norma Schroeder) PR�SENTED to the Mayor of the City of Richmond, Indiana, this ' day of 1997, at 9:00 a.m. City Clerk (Norma Schroeder) APPROVED by rite, Dennis Andrews, Mayor of the City of Richmorla,-Pdiana, this day of 1A 1997, at 9:05 a.m. J 1 Mayor ATTEST: �: t.�, ��c;�ity Clerk orma Schroeder) CHAPTER 54: SEWER USAGE SECTION General Provisions 54.01 Purpose 54.02 Definitions User of Public Sewers Required 54.03 Unlawful Deposits 54.04 Certain Waters Prohibited 54.05 Removal of Unpolluted Waters from Treatment Facility 54.06 Privy Vaults, Septic Tanks, and Cesspools Prohibited 54.07 Connection to Public Sewers Required 54.08 Discharge of Wastewater to Natural Outlets Private Sewer Systems 54.09 Private Sewage System to Comply with State Regulations 54.10 Connection to Public Sewer Required when Available Building Sewers and Connections 54.11 Permit Required 54.12 Classes of Permits; Applications 54.13 Costs to be Borne by Owner 54.14 Persons Qualified for Sewer Tap Permit 54.15 Cancellation of Permit for Failure to Comply with Notice 54.16 Approval Required for Excavations 54.17 Separate Building Sewer Required for Every Building 54.18 Old Building Sewers Connected to New Buildings 54.19 Construction Materials 54.20 Size of Building Sewer 54.21 Elevation; Grade and Alignment 54.22 Low Building Drain to be Lifted 54.23 Excavations 54.24 Connection of Building Sewer with Public Sewer 54.25 Inspection 54.26 Excavations to be Guarded 54.27 Maintenance 54.28 Insurance 54.29 Connection of Sources of Surface Run-off Prohibitea 54.30 Connection of Floor Drain or Pit Drain Prohibited 54.31 Connection of Building Sewer with Public Sewer to Conform with District Regulations 54.32 Restoration of Public Property Extension of Interceptor Sewers Outside District Limits 54.33 Authority of Board; Compliance with Ordinances and State Law 54.34 Permit Required Enforcement and Remedies 54,75 Administrative Enforcement/Remedies 54.76 Consent Orders 54.77 Show Cause Hearings 54.78 Administrative Compliance Orders 54.79 Cease and Desist Orders 54.80 Administrative Fines 54,81 Emergency Suspensions 54.82 Termination of Discharge 54,83 Judicial Enforcement Remedies 54.84 Remedies Nonexclusive 54.85 Violator to Pay Damage 54.86 Administrative Appeal 54.87 Falsifying Information 54.88 Statutory Authority Interpretation 54.89 Severability 54,90 Compliance with State or Federal Requirements 54.91 Applicable Standards GENERAL PROVISIONS 54.01 Purpose This ordinance 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 objectives of this Ordinances are: (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. 1 /17/97 procedures in five days at 20°C, and usually expressed as a concentration (milligrams per liter). (Ord. 54-1981) (f) "BUILDING DRAIN" -- That part of the lowest horizontal piping of a drainage system which receives the discharges from soil, waste, and other drainage pipes inside walls of the building and conveys it to the building sewer beginning five feet outside the building walls, exclusive of storm water. (Ord. 54-1981) (g) "BUILDING DRAIN - SANITARY" -- A building drain which conveys sanitary or industrial sewage only. (Ord. 54-1981) (h) "BUILDING DRAIN - STORM" -- A building drain which conveys storm water or other clear water drainage, but no wastewater. (Ord. 54-1981) (i) "BUILDING SEWER" -- That part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system, or other point of disposal. (Ord. 54-1981) 1i) "BUILDING SEWER - SANITARY" -- A building sewer which conveys sanitary or industrial sewage only. (Ord. 54-1981) (k) "BUILDING SEWER - STORM" -- A building sewer which conveys storm water or other clear water drainage, but not sanitary or industrial sewage. (Ord. 54-1981) (1) "CATEGORICAL PRETREATMENT STANDARD" -- See Definitions (II) (m) "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) (n) "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, or any "Industrial User" not qualifying as a "Significant Industrial User." (Ord. 54-1981) (o) "COMPATIBLE POLLUTANT" — B O.D, suspended solids, 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. 54- 1981) (p) "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. (q) "DAILY DISCHARGE" — Discharge of a pollutant, measured during a calendar day or any 24-hour period, that reasonably represents the calendar day for sampling. (Ord. 38- 1985) (r) "DIRECTOR" -- The duly appointed and qualified Director of the Richmond Sanitary District or his authorized deputy, agent, or representative. (Ord. 54-1981) 1 /17/97 (gg) "INFILTRATION / INFLOW'-- That total quantity of water from both infiltration and inflow without distinguishing the source. (Ord. 54-1981) (hh) "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) (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) U) "INTERFERENCE" -- The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the District's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA),the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW. (kk) "MAXIMUM DAILY DISCHARGE LIMITATIONS" -- Highest allowable daily discharge concentration. (Ord.38-1985) (II) "NATIONAL CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL STANDARD" -- Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. (mm) "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) (nn) "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) (oo) "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 1 /17/97 (ss) "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) (tt) "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. (uu) "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) (vv) "PRETREATMENT REQUIREMENTS" -- Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an Industrial User. (Ord.38-1985) (ww) "PRETREATMENT STANDARDS" or "STANDARDS" -- Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. (xx) "PROHIBITED DISCHARGE STANDARDS" or "PROHIBITED DISCHARGES" -- Absolute prohibitions against the discharge of certain substances; these prohibitions appear in 54.39 of this ordinance (yy) "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) (zz) "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) (aaa) "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) (bbb) "SEPTIC TANK WASTE" — Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (ccc) "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) (ddd) "SEWER" -- A pipe or conduit for carrying either wastewater or land runoff, or both. (Ord. 54-1981) (eee) "SHALL AND MAY" -- 1 /17/97 wastewater on any property within the Sanitary District. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.07 Connection To Public Sewers Required The owner of all houses, buildings. or properties used for human occupancy, employment, recreation, or other purposes, located within the Sanitary District and abutting on any street, alley, or right-of-way in which there is located a public sewer, is hereby required to connect the house, building, or property directly with the public sewer in accordance with the provisions of this chapter within three months after the date of official notice to do so. In the event the building drain of the house, building, or property is within 300 feet of a public sewer the owner shall be required to connect the building drain to the public sewer; in the event the house, building, or property is at a distance greater than 300 feet from the public sewer the owner may be required to connect at the discretion of the Board of Sanitary Commissioners, provided that the wastewater treatment facility shall have the capacity to treat the waste of the house, building, or parcel of real estate. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.08 Discharge Of Wastewaters To Natural Outlets No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit. (Ord. 54-1981) Penalty, see 54.75 through 54.85 PRIVATE SEWER SYSTEMS 54.09 Private Sewer System To Comply With State Regulations The type, capacity, location, and layout of a private sewage treatment system shall comply with all requirements of the state, or any agency or subdivision thereof. No septic tank or cesspool shall be permitted to discharge to any public sewer, ditch, or watercourse. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.10 Connection To Public Sewer Required When Available At such time as a public sewer becomes available to property served by a private sewage treatment system, a direct connection shall be made to the public sewer within 60 days of notice by the Sanitary District and the private treatment system shall be taken out of service in a manner approved by the District. (Ord. 54-1981) Penalty, see 54.75 through 54.85 BUILDING SEWERS AND CONNECTIONS 54.11 Permit Required It shall be unlawful for any person to uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Director. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.12 Classes Of Permits; Applications There shall be two classes of building sewer permits: for residential, and for service other than residential. In either case, the owner or his agent shall make application on a special form furnished by the Sanitary District. The permit applications shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Director. (Ord. 54- 1981) 12 1/17/97 (a) Sewer tap permit: Fee A fee of $50, inspection costs included, shall be paid to the District at the time the application for a sewer tap permit for a residential building sewer is filed. (Ord. 54-1981) (b) Non-residential building sewer permit: Fee A fee of $50 shall be paid to the District at the time the application for a non-residential building sewer permit is filed, which fee shall include inspection costs. (Ord. 54-1981) (c) Performance bond A performance bond in an amount equal to 100% of the cost of making the sewer tap as determined by the Sanitary District in favor of the Sanitary District shall be filed with the permit application with the District by the owner or his agent. (Ord. 54-1981) 54.13 Costs To Be Borne By Owner All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. (Ord. 54-198 1) 54.14 Persons Qualified For Sewer Tap Permit No sewer tap permit shall be issued to any person, firm, or corporation except any person licensed by the state as a certified plumber, or any competent person who qualifies by furnishing the Sanitary District satisfactory proof of their experience, equipment, and personnel. (Ord. 54- 1981) Penalty, see 54.75 through 54.85 54.15 Cancellation Of Permit For Failure To Comply With Notice Any person who shall neglect, or fail to correct any defect in the installation or connection of a building sewer within 30 days after notice by the Director to make the correction, shall cause cancellation of the sewer tap permit and all permits outstanding of the person and the issuer of the bond shall be liable for all expenses or damages caused by neglect or failure to correct the defect. (Ord. 54-1981) 54.16 Approval Required For Excavations A permit for a building sewer and connection shall not be construed to be a permit or approval to do excavations in any public or private street, parkway, alley, sidewalk, terrace, or curb. Approval of any such excavation must be obtained from the City. No excavation will be started until all necessary permits have been obtained by the applicant. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.17 Separate Building Sewer Required For Every Building A separate and independent building sewer shall be provided for every building. Exceptions may be allowed by special permit granted by the Director. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.18 Old Building Sewers Connected To New Buildings 13 1/17/97 54.32 Restoration Of Public Property Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Sanitary District, or the appropriate governing authority. (Ord. 54-1981) Penalty, see 54.75 through 54.85 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) 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 Persons licensed by the Indiana Department of Envrionmental Management to collect septic tank wastes shall be required to deliver the wastes to the sewage treatment plant, subject to control and provisions established by the Board of Sanitary Commissioners. (Ord. 54-1981) (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 ordinance or any other requirements established by the Director. The Director shall require septic tank and grease trap waste haulers to obtain wastewater discharge permits. (b) The Director shall require haulers of industrial waste to obtain wastewater discharge permits. The Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this ordinance. (c) All waste haulers may discharge loads only at locations designated by the Director. Nc 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 16 1/17/97 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. USE OF THE PUBLIC SEWERS 54.38 Certain Discharges Into Sanitary Sewers Prohibited No person shall discharge or cause to be discharged storm water, ground water, roof runoff, subsurface drainage, noncontact cooling water, unpolluted industrial process waters, or unpolluted waters to any sanitary sewer either directly or indirectly. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.39 Prohibited Waters And Wastes Except as herein provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer. (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. (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 400 C (104° F). (Ord. 38-1985) (c) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed -up flashpoint of less than 140' F (600 C) using the text methods specified in 40 CFR 261.21. (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. (e) Any "other wastes" as defined in 54.02(pp). (f) Any noxious or malodorous gas or substance capable of creating a public nuisance 17 1/17/97 (n) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. (o) Materials which exert or cause any of the following. (1) Unusual concentrations of inert suspended solids 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. (2) Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions. (3) Unusual B.O.D. chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined in 54.02(ggg). (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 sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (q) Any waters containing suspended solids of such character and quantity that unusual provisions, attention, or expense is required to handle the materials at the sewage treatment plant. (Ord. 54-1981) 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. (s) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (t) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause interference or pass through. (u) Trucked or hauled pollutants, except at discharge points designated by the Director as set forth in 54.35 of this ordinance. 54.40 Remedies For Prohibited Discharges; Authority Of Director (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 to within the limits of normal sewage as defined in this ordinance. (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. 19 1/17/97 54.46 Samples To Be Taken For Measurements In all instances the measurement of B.O.D., suspended solids, or chemical content of industrial waste water shall be measured from samples taken at the monitoring manhole within the boundaries of the property or at the next manhole downstream from the owner's property. (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(fff), shall install a surveillance or monitoring manhole and all persons discharging into the public sewer system industrial waste mixtures of B.O.D. greater than a 200 ppm or suspended solids of 225 ppm shall provide a monitoring manhole. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.48 New Connections No new connection shall be made to any sanitary, combined, or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains, and the sewage treatment plant including capacity for treatment of B.O.D. and suspended solids. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.49 Deposit Of Wastewaters No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the District, any wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit. (Ord. 54-1981) Penalty, see 54.1101 through 54.1107 INDUSTRIAL WASTE CHARGES 54.50 Sewer Service Surcharge Producers of industrial wastewaters assessed at pollutant quantities greater than 200 mg/L for B.O.D. and/or 225 mg/L for suspended solids, 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 (A) Application Industrial Users must complete and file with the District a permit application in the form prescribed by the District. Existing Industrial Users required to obtain a wastewater discharge permit must submit a permit application. New Industrial Users must apply at least 90 days prior to connecting to the POTW. No discharge permit will be issued until the following conditions have been met: (1) All information required by Section 54.57(B) of this ordinance; 21 1/17/97 (11) All permit applications for new or modified permits must be signed by a principal executive officer of the User. 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 subject to terms and conditions provided in the ordinance. (B) Permit modifications Within 180 days after the effective date of a National Categorical Pretreatment Standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with Section 403.6 (a)(4) of the Industrial Pretreatment Regulations, whichever is later, existing Industrial Users subject to such National Categorical Pretreatment Standards and currently discharging to the District's POTW shall apply for a Wastewater Discharge Permit modification. Industrial Users required to obtain a permit modification shall complete and file with the District an application in a form to be prescribed and furnished by the District. (Ord.38-1985) Industrial Users subject to existing National Categorical Pretreatment Standards at the time of adoption of this Ordinance, shaii within 90 days from the Gffctive date of these amendments . submit a Permit Modification Application/Baseline report to the District. The District will evaluate the data furnished by the Industrial User and may require additional information within 45 days of submission by the Industrial User. After evaluation and acceptance of the data furnished, the District shall issue a Modified Wastewater Discharge Permit prior to the compliance date for the applicable National Categorical Pretreatment Standard. (Ord. 38-1985; passed 5-20-85) (C) Permit Conditions Wastewater Discharge Permits must include the following: (1) A statement that indicates wastewater discharge permit duration (see 54.52(e). (2) A statement that the wastewater discharge permit is nontransferable (see 54.52(f). (3) Limits on the average and/or maximum wastewater constituents and characteristics based on applicable pretreatment standards. (4) Self monitoring, sampling, reporting, notification, and record -keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. Wastewater Discharge Permits may include the following: (1) Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization; (2) Requirements for installation and maintenance of inspection and sampling facilities, 23 1 /17/97 (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 wastestream. The pH sample should be analyzed immediately and must not be held longer than 2 hours in any case. 54.54 Billing Procedure The District shall sample and analyze the flow of industrial waste to determine the concentration and total quantity of B.O.D. and suspended solids (S.S.) 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 May, August, November, and February. 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. 54-1981) 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 ordinance 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 25 1 /17/97 to any more stringent requirements established by the Sanitary District, and any subsequent state or federal guidelines, rules, and regulations. (B) The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (2) 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 using the combined wastestream formula in 40 CFR 403.6(e). 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 Unpolluted water from air conditioners, noncontact cooling, condensing systems, or swimming pools shall not be discharged into a sanitary sewer. Penalty, see 54.75 through 54.85 54.61 Strength Of Discharge Used To Establish Charges Strength of wastewaters shall be determined, for periodic establishment of charges provided for in the rate ordinance, 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 after verification by the District. 54.62 Grease, Oil, And Sand Interceptors Necessary Under Certain Circumstances Grease, oil, and sand interceptors or traps shall be provided when, in the opinion of the Sanitary District, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts; or any flammable wastes; sand or other harmful ingredients, except that the interceptors or traps will not be required for private living quarters or dwelling units. All interceptors or traps shall be of a type and capacity approved by the Sanitary District and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, be gastight, watertight, and equipped with easily removable covers. Where installed, all grease, oil, and sand interceptors or traps shall be 28 1/17/97 maintained by the owner, at his expense, and in continuously efficient operation at all times. (Ord. 54-1981) Penalty, see 54.75 through 54.85 54.63 Accidental Discharges/Slug Discharges (A) Accidental discharges Each Industrial User having the ability to cause interference with the POTW treatment plant or to violate the regulatory provisions of this Ordinance shall provide protection against accidental discharge to the POTW of prohibited materials or other substances regulated by this Ordinance. 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 Ordinance. (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 Ordinance, it shall be the responsibility of the Industrial User to immediately telephone and notify the District of the incident. The 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. Follow-up reports may be required by the District as needed. Such report, or reports, shall not relieve the Industrial User of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report relieve the User of any fines, civil penalties, or other liability which may be imposed by the Ordinance 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 At least once every two (2) years, the Director shall evaluate whether each Significant Industrial User needs an accidental discharge/slug control plan. The Director may require any User to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at minimum, the following: (1) Description of discharge practices, including nonroutine batch discharges; (2) Description of stored chemicals; 29 1/17/97 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 of wastewater discharge limits, defines here as those which sixty six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit on average limit for the same pollutant parameter by any amount; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH); C. AnV other discharge violation the Director believes has caused, alone or in combination with other discharges, interference or pass through including endangering the health of POTW personnel or the general public; D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of 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; F. Failure to provide within thirty (30) days after the due date, any required reports, including 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(s) which the Director 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", 31 1 / 17/97 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. The User shall also 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 (1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the User shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if know, 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 such an accidental discharge are advised of the emergency notification procedures. (C) Reports of Changed Conditions Each User must notify the Director of any planned significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. 33 1/17/97 (5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. (E) Reports from Nonpermitted Users (Fy notice required to be given by the District under any section of this chapter shall be sent by U.S. certified mail, return receipt requested, or may be delivered to the addressee in person and effective as of the date of the delivery to the addressee in person. The notice shall include the following. (a) .The name and address of the facility for which the notice pertains. (b) The date of the notice. (c) The date the notice becomes effective, if other than the date of receipt. (d) A clear statement of the purpose of the notice. (e) A clear statement of action required of the person receiving the notice. (f) The penalty to be imposed for failure to take the action required by the notice. (g) The time permitted to take the required action before the facility which is the subject of the notice may be subject to penalty. (h) Written verification from the person receiving the notice, as to their intent for carrying out the actions required in the notice. (i) The signature of the person or agent of the District issuing the notice. All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. ENFORCEMENT AND REMEDIES 54.75 Administrative Enforcement/Remedies The Director shall prepare, for passage, by the Board of Sanitary Commissioners of the Richmond Sanitary District, an Enforcement Response Guide (ERG) to insure that the requirements of 40 CFR Part 403 of the Clean Water Act will be met. The ERG shall outline various Administrative Actions the Director may take for various pretreatment violations. The maximum fine shall be one -thousand ($1,000.00) dollars per violation. 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 ordinance. 54.76 Consent Orders 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. 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. 35 1 /17/97 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 finds must file a written request for the Director to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Director may convene a meeting on the matter. In the event the User's appeal is successful, the payment, together with an interest accruing thereto, shall be returned to the User. D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User. 54.81 Emergency Suspensions The Director may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial, endangerment to the health or welfare of persons. The Director may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. A. Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment any individuals. The Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 54.82 of this ordinance 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 ordinance. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 54.82 Termination Of Discharge In addition to any other provisions of this Chapter, any User who violated the following conditions is subject to discharge termination: 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; 37 1/17/97 the Director is empowered to take more than one enforcement action against any noncompliant User. 54.85 Violator 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 Ordinance, 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 Ordinance or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall be guilty of a misdemeanor and upon conviction, be punished by civil penalties. (Ord. 38-1985) 54.88 Statutory Authority (a) This chapter is adopted pursuant to I.C. 36-9-25-1 et seq., and all other statutes of the state, as amended, relating to sewers and sanitation departments and districts, and the Board of Sanitary Commissioners shall have the powers conferred by state law. (b) The Board of Sanitary Commissioners shall, in accordance with state law, make and enforce whatever bylaws, rules, and regulations it may deem necessary for the safe, economical, and efficient management of the sewage utility, for the construction and use of building sewers and connections to the sewerage system, for the regulation of the rates and subsequent collection of charges for any strength of waste surcharge, and in general for the implementation of the provisions of this chapter. (Ord. 54-1981) INTERPRETATION 54.89 Severability The invalidity. of any section, clause, sentence, or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without the invalid part or parts. (Ord. 54-1981) 54.90 Compliance With State Or Federal Requirements All provisions of this chapter and limits set herein shall comply with any applicable state or federal requirements now, or projected to be, in effect. (Ord. 54-1981) 54.91 Applicable Standards 39 1 /17/97