HomeMy WebLinkAbout10095-11 Amend Code Ch 17 Art. 2 Div. 1,3,4 and 6 EPA's Model Pretreatment Ordinance O RD I NAll�TT C E N o . 10095_��
Passed by the Common Council of the City of South Bend,Indiasza
June 13, 20 11
Attest: City Clerk
JOH VOO DE
Attest: President of Common Council
Presented by me to the Mayor of tlze City of Soutli Bend, Indiana
June 14, 20 11
Ciry Clerk
HN V ORDE
Approved and signed by me J u n e 14 20 11
� May�r
ORDINANCE NO. COo�{ S—�I
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 17,ARTICLE 2, DIVISIONS 1,3, 4 AND 6 OF THE
SOUTH BEND MUNICIPAL CODE TO INCORPORATE THE ENVIRONMENTAL
PROTECTION AGENCY(EPA)'S MODEL PRETREATMENT ORDINANCE
STATEMENT OF PURPOSE AND INTENT
The U.S. Environmental Protection Agency (EPA) Office of Wastewater Management
published its most recent Model Pretreatment Ordinance in January 2007. The City of South
Bend's adoption of this Model Ordinance by amending the South Bend Municipal Code at
Chapter 17, Article 2, Divisions 1 and 3 will enable South Bend to comply fully with all
applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251
et seq•) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR]
Part 403. It will further protect South Bend's water treatment processes, and it will enable South
Bend to comply with its National Pollutant Discharge Elimination System (NPDES) permit
conditions, as well as any other State and Federal laws to which a publicly owned wastewater
treatment works is subject.
This ordinance also amends Chapter 17, Article 2, Divisions 4 and 6 to conform to the
amendments of Divisions 1 and 3, and all amendments to the South Bend Municipal Code within
this ordinance are in the best interest of South Bend, its citizens, and its water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, that Chapter 17, Article 2, Divisions 1, and 3 shall be amended in
their entirety to read as follows:
SECTION I. Chapter 17, Article 2, Division 1, Section 17-5 of the South Bend Municipal Code
shall be amended to read in its entirety as follows:
Sec. 17-5�I����e�s Abbreviations.
� The following abbreviations when used in this Article, shall have the following
desi�nated meaning:
BOD—Biochemical Oxy�en Demand
BMP—Best Management Practice
BMR—Baseline Monitoring Report
CFR—Code of Federal Re�ulations
CIU—Cate�orical Industrial User
COD—Chemical Oxygen Demand
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EPA —U S Environmental Protection A�encv or a duly authorized official of that
a enc
GPD—Gallons Per Dav
IDEM—Indiana Department of Environmental Mana�ement
IU—Industrial User
m,g/l—milligrams per liter
NPDES—National Pollutant Dischar�e Elimination S s��
NSCIU—Non-Significant Categorical Industrial User
POTW—Publicly Owned Treatment Works
RCRA—Resource Conservation and Recover�Act
SIU—Significant Industrial User
TSS—Total Suspended Solids
U.S.C. —United States Code
SECTION II. Chapter 17, Article 2, Division 1 of the South Bend Municipal Code shall be
amended to add a new Section 17-5.1 to read in its entirety as follows:
Sec. 17-5.1 Definitions.
As used in this aArticle:
� Act (or "the Act') shall mean the Federal Water Pollution Control Act, also
' known as the Clean Water Act, as amended, 33 U.S.C. 1257 et seq.
� Ammonia (or NH3-N) shall mean the same as ammonia nitrogen measured as
nitrogen. �i '�c����er��ro„� ��..,�� �.o „a�����:����� :,�.�,
a � f f,fit, ; ��e�.,,,a.,ra rRo+l�,.a��� „� ao�rea ;., +t,;� „h;�la_
� �proval Authoritv shall mean the Administrator of the United States
Environmental Protection A�ency, Region V.
(d) Authorized or Dulv Authorized Representative of the User means
� If the User is a corporation:
� The president, secretary, treasurer, or a vice-president of the
corporation in char eg of a principal business function, or anv other
person who performs similar policv or decision-makin� functions
for the corporation; or
ii The mana�er of one or more manufacturin�, production, or
operating facilities, provided the mana�er is authorized to make
mana�ement decisions that govern the operation of the regulated
facilit�includin. havin� the explicit or implicit duty of makin�
major capital investment recommendations, and initiate and direct
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other comprehensive measures to assure lon�-term environmental
compliance with environmental laws and regulations; can ensure
that the necessary svstems are established or actions taken to
gather complete and accurate information for individual
wastewater dischar�e permit requirements; and where authorit j�to
sign documents has been assi�ned or dele�ated to the mana e�� r in
accordance with cor�orate procedures.
�2,� If the User is a�artnersh� or sole proprietorship: a e� neral partner or
proprietor, respectivelv.
� If the User is a Federal State, or local �overnment facility: a director
or highest official appointed or desi�nated to oversee the operation and
performance of the activities of the government facilitv, or their desi nee.
� The individuals described in parp a�raphs (1) throu h�(3) above, may
desi�nate a Dulv Authorized Representative if the authorization is in
writin� the authorization specifies the individual or position responsible
for the overall operation of the facilitv from which the dischar�e ori i�nates
or having overall responsibility for environmental matters for the
company and the written authorization is submitted to the Citv.
�) Best Mana�ement Practices or BMPs means schedules of activities,
prohibitions of practices maintenance procedures, and other mana e�ent
practices to implement the prohibitions listed in Division 2, in Section 17.8 of this
Article [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements,
�eratin� procedures, and practices to control plant site runoff, spillage or leaks,
slud�e or waste disposal, or draina�e from raw materials stora�e.
� Biochemical oxygen demand (or BOD) of sewage, sewage effluent, polluted
waters or industrial wastes means ��e-�t��i��n�eo�T���
e������-e�ti�s�ew��e�-}��o �*.,�,;i;�;.,,� ao,.,,,,,,,,,���,io „ ,,,.,*+a,.
uiracz—cccr6�E-$vizai�26irs—�z°c-iavvrirt$I'7-acccrminicci93�S-�s�ri--v�n
.7 4l, � s2�-�A�'�it-�2Y--�T+ii�i�fa-ri��tft°d �� ,7�: ,7 ' +l,i�
ucEAiciuiiE2-�crrpivc cii°c�-a vc��--ir.i'-�.z zix°c�r-iii-zrri�
a�e-�e: the�guantit�f oxy�en utilized in the biochemical oxidation of organic
matter under standard laboratorv procedures for five (5) days at 20 de r� ees
centi�rade, usually expressed as a concentration (e.g•, m�/1)
� Board shall mean the City of South Bend acting through its Board of Public
Works or duly authorized officials or boards acting in its behalf.
�h,� Building (or house) drain means the lowest horizontal piping of building
drainage system which receives the discharge from waste and other drainage
pipes inside the walls of the building and conveys it to a point approximately five
(5) feet outside the foundation wall of the building or house.
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(1) Building drain (sanitary). A building drain which conveys sanitary or
industrial sewage only.
(2) Building drain (storm). A building drain which conveys storm water
or other clean water drainage, but not wastewater.
� Building (or house) lateral sewer means the extension from the building drain
to the sewage system or other place of disposal. (Also called house connections.)
(1) Building sewer (sanitary). A building sewer which conveys sanitary
or industrial sewage only.
(2) Building sewer (storm). A building sewer which conveys storm water
or other clean water drainage, but not wastewater.
� Carbonaceous biochemical oxygen demand (or CBOD) of sewage, sewage
effluent, polluted waters or industrial wastes means the rate at which
microorganisms use the oxygen in water or wastewater while stabilizing
decomposable carbonaceous organic matter under aerobic conditions. The
laboratory determinations shall be made in accordance with procedures set forth
in "Standard Methods" as defined in this article.
�kl Categorical Industrial User (CIU) means an Industrial User subiect to a
cate�orical Pretreatment Standard or cate�orical Standard.
�'T.'A �. l�..rlo ..�Tloflor�l T?o.�.,,1�4;nr�a
�1,� Chemical oxygen demand (or COD) ^�e�=�°-�e����+�a
,�*�r� � ^a„�*r:�' . ��+°� �� means a measure of the oxygen
6�–ii�O�k���—e� �8-S°^vrr�c�'�a–=i�4�S�2��'-�°c:. Tt:°, �»l�^,:»�.^,.<,
�
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met�c�s." reQuired to oxidize all compounds, both or�anic and inor�anic, in
water.
�m,� City means the City of South Bend, Indiana.
� Ciry Engineer means the City Engineer of the City, or his authorized deputy,
agent or representative.
�o,� Collector sewer means a sewer whose primary purpose is to collect
wastewaters from individual point source discharges.
� Combined sewer means a sewer intended to receive both wastewater and
storm or surface water.
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� Commercial user means any establishment involved in a commercial
enterprise, business or service which based on a determination by the City
discharges primarily segregated domestic wastes or wastes from sanitary
conveniences.
�r,� Compatible pollutant means biochemical oxygen demand, suspended solids,
pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES
permit if the treatment works was designed to treat such pollutants and in fact
does remove such pollutants to a substantial degree. The term substantial degree
is not subject to precise definition, but generally contemplates removals in the
order of eighty (80) percent or greater. Minor incidental removals in the order of
ten (10) to thirty (30) percent are not considered substantial. Examples of the
additional pollutants which may be considered compatible include:
(1) Chemical oxygen demand,
(2) Total organic carbon,
(3) Phosphorus and phosphorus compounds,
(4) Nitrogen and nitrogen compounds,
(5) Fats, oils and greases of animal or vegetable origin (except as
prohibited where these materials would interfere with the operation of the
treatment works).
� �s) Control Authoritv means the Cit�of South Bend's Division of Environmental
Services.
�� Daily Maximum means the arithmetic avera�e of all effluent samples for_a
pollutant collected during a calendar dav.
�u) Daily Maximum Limit means the maximum allowable dischar�e limit of a
pollutant during a calendar day. Where Daily Maximum Limits are expressed in
units of mass, the dailv discharge is the total mass dischar�ed over the course of
the day. Where Dailv Maximum Limits are expressed in terms of a concentration,
the dailv dischar�e is the arithmetic avera�L measurement of the pollutant
concentration derived from all measurements taken that dav.
� Debt service cost means the average annual principal and interest payments
on all proposed revenue bonds or other long-term capital debt.
� Director means the Director of the �'����r^�m°�*�, c°^,;�°� public Works of
the City of South Bend, Indiana, or �s the Director's authorized deputy, agent or
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representative.
� Effluent data means information necessary to determine the identity, amount,
frequency, concentration, temperature or other characteristics of any pollutant
discharged.
E�4-�e�3�–t-�, T�—�i ' t�6�eC-�i ^ .,. � a„i., µ�.t,,,,.;�o,�
-��� �r��^�' .....� �...,.....,..
��f:,.;.,t „�.i,.,+ .,
� Equivalent connection means the ratio of the cross-sectional area of a water
meter connection to the cross-sectional area of a 5/8" water meter connection.
The following table displays the "Equivalent Connection" of various size water
meters:
Equivalent
Water Meter Size Connection
5/8" 1.0
'/a" 1.4
1" 2.5
1 '/4" 4.0
1 %2" 5.8
2" 10.0
3" 23.0
4" 41.0
6" 92.0
8" 164.0
10" 256.0
12" 369.0
� Excessive strength surcharge means an additional charge which is billed to
users for treating compatible sewage wastes with an average strength in excess of
"normal domestic sewage."
�aa Existin Source means any source of discharge that is not a "New Source."
� Fecal coliform means any of a number of organisms common to the
intestinal tract of� humans and animals, whose presence in sanitary sewage is
an indicator of pollution.
cc Floatable oil means 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.
� Force main means a pipe in which wastewater is carried under pressure.
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ee Garbage means any solid wastes from the preparation, cooking or
dispensing of food and from handling, storage or sale of produce.
f,�f Governmental user means any Federal, State or local governmental user of
the wastewater treatment works.
!'_A Tl.,, .�.,11�,.,� „ ,..a.,..
(��) Grab Sample means a sam�le that is taken from a wastestream without
re�ard to the flow in the wastestream and over a period of time not to exceed
fifteen (15)minutes.
� Heavy demand substances a�e means concentrations of phosphorus,
ammonia, suspended solids e€ or biochemical oxygen demand in sewage which
exceed the levels established in this Code.
ii Incompatible pollutant means any pollutant that is not defined as a
compatible pollutant, including nonbiodegradable dissolved solids, and further
defined in Regulation 40 CFR Part 403.
�jj) Indirect Dischar�e, Industrial Discharge or DischarQe means the
introduction of pollutants into the POTW from any nondomestic source.
� Industrial user � � �•� �t-�r�P=���;�^ �^;';*.,_*�°*
a: ,.�,., „a, �+,. „� . ��e +„ ��o �*e,.+,. .,�,Y,ort��,,,,-�. See User.
,� Industrial wastes means any solid, liquid or gaseous substances or form of
energy discharged, permitted to flow or escape from an industrial, manufacturing,
commercial or business process or from the development, recovery or processing
of any natural resource carried on by a person and shall further mean any waste
from an industrial sewer.
mm Infrltration means the water entering a sewer system, including building
drains and sewers, from the ground, through such means as, but not limited to,
defective pipes, pipe joints, connections or manhole walls. (Infiltration does not
include and is distinguished from inflow.)
� Infiltration/inflow means the total quantity of water from both infiltration
and inflow without distinguishing the source.
0o Inflow means the water discharged into a sewer system, including building
drains and sewers, from such sources as, but not limited to, roof leader, cellar,
yard and area drains, foundation drains, unpolluted cooling water discharges,
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drains from springs and swampy areas, manhole cover, cross connections from
storm sewers, and combined sewers, catch basins, storm waters, surface runoff,
street wash waters or drainage. (Inflow does not include and is distinguishable
from infiltration.)
� Inspector means the person or persons duly authorized by the City through
its Board of Public Works to inspect and approve the installation of building
sewers and their connection to the public sewer system.
Instantaneous Limit means the maximum concentration of a ollutant
allowed to be dischar�ed at any time determined from the analysis of anv discrete
or composited sample collected independent of the industrial flow rate and the
duration of the samplin e�vent.
� Interceptor sewer means a sewer whose primary purpose is to transport
wastewater from collector sewers to a treatment facility.
ss Institutional�tUser means any establishment involved in a social, charitable,
religious, and/or educational function which, based on a determination by the City
discharges primarily segregated domestic wastes or wastes from sanitary
conveniences.
tt Interference means a discharge, which alone or in conjunction with a
discharge or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or disposal; and
therefore, causes a violation of the City's NPDES permit or prevents sewage
sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any more stringent
State or local regulations; Section 405 of the Act; the Solid Waste Disposal Act,
including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the Solid Waste Disposal
Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
�uu) Local Limit means specific discharge limits developed and enforced by the
Citv upon industrial or commercial facilities to implement the �eneral and
specific dischar�e prohibitions listed in 40 CFR 403.5(aZl and b).
� May means the indication of a discretionary condition.
a,r n,,,o.,,,� ,,,;ii:,�,..,.,,� r ,.i:+o,.
(ww) Medical Waste means isolation wastes, infectious a�Lnts, human blood and
blood products, patholo�ical wastes, sharps, bodv parts, contaminated beddin�
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sur�ical wastes potentially contaminated laboratory wastes, and dialvsis wastes.
�xx) Monthlv Average means the sum of the concentrations of all "dailv
dischar�es' measured durin� a calendar month divided by the number of "dailv
discharges" measured during that month.
(yy) Monthly Average Limit means the highest allowable avera�e of "daily
dischar�es" over a calendar month calculated as the sum of the concentrations of
all "dailv dischar�es" measured durin� a calendar month divided by the number of
"dail�dischar�Ls" measured during that month.
zz National Categorical Pretreatment Standard means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
Section 307(b) and (c) of the Federal Water Pollution Control Act, also known as
the Clean Water Act (33 U.S.C. 1317) which applies to a specific category of
industrial users and which appear in 40 CFR, Chapter I, Subchapter N, Parts 405-
471.
aaa Natural Outlet means any outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or
ground water.
b�bb� New source means:
{-�)� 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:
�-}� The building, structure, facility or installation is constructed
at a site at which no other source is located; or
{-�-}� The building, structure, facility, or installation totally
replaces the process or production equipment that causes the
discharge of pollutants at any existing source; or
�}� The production or wastewater generating processes of the
building, structure, facility, or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as 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, should be
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considered.
Fb)� 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 {��}(-�} l�or {�} 1 c above but otherwise alters, replaces, or
adds to existing process of production equipment.
{�}�3,� Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(�-}� Begun, or caused to begin, as part of a continuous on-site
construction program
�:� Any placement, assembly, or installation of facilities or
equipment or
�. ii Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
{� � Entered into a binding 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.
(cccZ Noncontact Coolin� Water means water used for coolin� that does not
come into direct contact with anv raw material, intermediate product, waste
product, or finished product.
�ddd� Nonresidential discharger means any user of the sewer system who
discharges a nondomestic effluent into the system by means of pipes, conduits,
pumping stations, force mains, constructed drainage ditches, surface water
intercepting ditches, and all constructed devices and appliances appurtenant
thereto. (Specified in 40 CFR Part 403 at "industrial user.")
eee Normal domestic sewage (for the purpose of determining surcharges) shall
mean wastewater or sewage having an average daily concentration as follows:
S.S............................ Not more than 250 mgll
BOD......................... Not more than 250 mg/1
Ammonia-Nitrogen ....... Not more than 25 mg/1
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Phosphorus ................. Not more than 10 mgJl
As defined by origin, wastewaters from segregated domestic and/or
sanitary conveniences as distinct from industrial processes.
�fff� NPDES permit means National pollutant discharge elimination system
permit setting forth conditions for the discharge of any pollutant or combination
of pollutants to the navigable waters of the United States pursuant to Section 402
of Public Law 95-217.
� Operation and maintenance cost means and includes all costs, direct and
indirect, necessary to provide adequate wastewater collection, transport and
treatment on a continuing basis and produce discharges to receiving waters that
conform with all related Federal, State and local requirements. (These costs
include replacement.)
�� Other service charges means tap charges, connection charges, area charges,
and other identifiable charges other than excessive strength surcharges.
iii Pass through � means a discharge which exits the POTW into waters of
the United States in quantities or concentrations which, �g alone or in
conjunction with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NPDES permit, including an increase in
the magnitude or duration of a violation.
� pH means .
T,� + .• r • +�, • �,+ ��, a • ,. i;+o „��„i„�;,,,,
-rnc-cvriccrzcrucrozTS-tzxc-vrcr�nc-v�x-rrJui�oscir'ro""� ' . ..�... .,� .............. CC
measure ofthe acidity or alkalinitv ofa solution, expressed in standard units.
�kkk� Person means any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, partnership,
copartnership, joint stock company, trust, estate, association, society, institution,
enterprise, governmental agency, the State of Indiana, the United States of
America or other legal entity, or their legal representatives, agents, or assigns.
The masculine gender shall include the feminine and the singular shall include the
plural where indicated by context.
l� Phosphorus (or P) means the chemical element phosphorus. T'�° '^'�^r�*^r•,
��
�et�s" e�i�e�-i�-�e-�e:
mmm Plumbing Inspector means the authorized agent of the Building
Commissioner having responsibility for administration of the provisions of this
aArticle as such may pertain to plumbing work.
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nnn Pollutant means dredged spoil solid waste, incinerator residue, filter
backwash sewage garbage sewa eg slud�e munitions Medical Wastes, chemical
wastes biolo�ical materials radioactive materials heat wrecked or discarded
eQUipment rock sand cellar dirt municipal a�ricultural and industrial wastes
and certain characteristics of wastewater (e.�. pH, temperature, TSS, turbiditv,
color, BOD, COD, toxicity, or odor).
00o Pretreatment means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, process changes or by
other means, except as prohibited by 40 CFR Section 403.6(d); and shall include
all applicable rules and regulations contained in the Code of Federal Regulations
as published in the Federal Register, under Section 307 of PL 95-217, under
regulation 40 CFR Part 403 pursuant to the Act, and amendments.
�p� Pretreatment requirement s� means any substantive or procedural
requirement related to pretreatment imposed on an industrial user, other than a
pretreatment standard.
c c Pretreatment standard (or standards) s�a�� means ���l�e prohibited
discharge standards, categorical pretreatment standards or local limits.
� Private sewer means a sewer which is not owned by public authority.
sss Prohibited DischarQe Standards or Prohibited DischarQes means absolute
prohibitions a�ainst the dischar�e of certain substances; these prohibitions_appear
in Division 3, Section 17-8(c) of this Article.
ttt Properly shredded garbage means the wastes from the preparation, cooking
and dispensing of food that has been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one-half(1/2) inch in any dimension.
uuu Publicly owned treatment works (or POTW) means a "treatment works," as
defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the City.
This definition includes any devices or systems used in collection, storage,
treatment, recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment plant.
�� Public sewer means a sewer which is owned and controlled by the public
authority and will consist of the following increments: collector sewer, interceptor
sewer, force main, pumping station.
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�www) Pumping station means a station positioned in the public sewer system at
which wastewater is pumped to a higher level.
xxx Replacement costs means the expenditures for obtaining and installing
equipment, accessories or appurtenances which are necessary during the useful
life of the treatment works to maintain the capacity and performance for which
such works were designed and constructed.
�yyy� Residential �tUser means a user of the treatment works whose premises or
building is used primarily as a residence for one or more persons, including all
dwelling units, etc.
zzz Sanitary sewer means a sewer which carries sanitary and industrial wastes,
and to which storm, surface and ground water are not intentionally admitted.
aaaa Septic Tank Waste shall mean any sewa�e from holdin� tanks such as
vessels, chemical toilets, campers, trainers, and septic tanks.
b� bbb) Setivage means the combination of the liquid and water-carried wastes
from residences, commercial buildings, industrial plants and institutions
(including polluted cooling water). The three (3) most common types of sewage
are:
(1) Sanitary sewage means the combination of liquid and water-carried
wastes discharged from toilet and other sanitary pumping facilities.
(2) Industrial sewage means a combination of liquid and water-carried
wastes, discharged from any industrial establishment, and resulting from
any trade or process carried on in that establishment (this shall include the
wastes from pretreatment facilities and polluted cooling water).
(3) Combined sewage means wastes including sanitary sewage, industrial
sewage, storm water, infiltration and inflow carried to the wastewater
treatment facilities by a combined sewer.
cccc Sewage treatment plant means any arrangement of devices and structures
used for treating sewage.
d� ddd� Sewage works means the structures, equipment and processes to collect,
transport and treat domestic and iridustrial wastes and dispose of the effluent and
accumulated residual solids.
eeee Sewer means a pipe or conduit for carrying sewage.
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fff Shall means mandatory.
�gggg� Signifrcant�Industrial�User Sl IU�r�^'�n:
Except as provided in paragraphs (3) and (4) of this Subsection a
Significant Industrial User�s means:
�}�A�User subject to categorical pretreatment standards; or
{��2,� A�User that:
(-�-}�Discharges an average of twenty-five thousand (25,000) gpd
or more of process wastewater to the POTW (excluding sanitary,
non-contact cooling and boiler blowdown wastewater);
�} ii 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
{� iii Is designated as such by the City on the basis that is has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
{�� The Citv ma,y determine that an Industrial User subject to
categorical Pretreatment Standards is a Non-si�nificant Cate orical
Industrial User rather than a Significant Industrial User on a findin� that
the Industrial User never discharges more than 100 all�ons per da (��ud)
of total cate�orical wastewater (excluding�sanitary, non-contact cooling
and boiler blowdown wastewater, unless specifically included in the
Pretreatment Standard) and the followin� conditions_are met:
� The Industrial User, prior to the City's findin�, has consistently
complied with all applicable categorical Pretreatment Standards
and Requirements;
ii The Industrial User annually submits the certification
statement required in Division 3, Section 17.10 (p)(5)(b) of this
Article. [see 40 CR 403.12(g)1, together with any additional
information necessar, t�o support the certification statement; and
iii The Industrial User never dischar e�s anX untreated
concentrated wastewater.
{�} .� Upon a finding that a�tUser meeting the criteria in subsection (2)
of this�art has no reasonable potential for adversely affecting the POTW's
14
operation or for violating any pretreatment standard or requirement, the
City may at any time, on its own initiative or in response to a petition
received from a �tUser, and in accordance with procedures in 40 CFR
403.8(�(6), determine that such �t User should not be considered a
�Significant}Industrial�tUser.
h( hhh) Significant noncompliance or (SNC) s�a�means:
{,a� � Chronic violations of wastewater �Discharge limits, defined here
as those in which sixty-six (66) percent or more of ���s��
m°�*� +��-°� all of the measurements taken for the same pollutant
parameter during a six-month period exceed (bv any ma ni� t, ude) �,°�
m m �� �4 �� .4 � 4� r���i.4nr�4 r. ma4nr �c� n
° j:,�............ t,.".:.�..,......... .,J ...'J
� a numeric Pretreatment Standard or Requirement, includin�
instantaneous limits, as defined by 40 CFR 403.3(1);
{�} � Technical �Review ECriteria (TRC) violations, defined here as
those in which thirty-three (33) percent or more of�•��°�� all of the
measurements taken for e� the same pollutant parameter during a six-
month period equals or exceeds the product of t'^° a°�'-�-���;m.,m ';m;+ ^r
}���� the numeric Pretreatment Standard or Requirement
including; instantaneous limits, multiplied by the applicable �a TRC
(TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
pollutants except pH);
(�} � Any other ��:'��e violation of a Pretreatment Standard or
ReQuirement that the Director�e�es determines has caused, alonge or in
combination with other �Discharges, }Interference or �Pass �Through
(including endangering the health of �tt POTW personnel or the
general public);
�} � Any discharge of a pollutants that has caused imminent
endangerment to �ke-���or—�o human health, welfare, or to the
environment, or has resulted in the �ea�t's POTW's exercise of its
emergency authority to halt or prevent such a discharge;
{e}�5,� Failure to meet, within ninety (90) days e�after the schedule�date,
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
{-� � Failure to provide1 within thirty (30) days after the due date, any
required reports, '""�such as baseline monitoring reports, ninety(90)
, day compliance reports, periodic self monitoring reports, and reports on
compliance with compliance schedules;
15
�g-}� Failure to accurately report noncompliance;
{�-}� Any other violation{�or •�roup of violations, which may include_a
violation of Best Mana�ement Practices which the �� Director
determines will adversely affect the operation or implementation of the
local�Pretreatment program.
iiii Slug (or slug load) �means any discharge at a flow rate or concentration
which could cause a violation of the prohibited discharge standards set forth in
section 17-8 herein, or any discharge of a non-routine, episodic nature, including,
but not limited to, an accidental spill or non-customary batch discharge which has
a reasonable potential to cause Pass Throu h or Interference, or in any other wav
violate Pretreatment Standards or Requirements.
� Standard methods means the laboratory procedures approved by the EPA
and set forth in 40 CFR, Part 136.
k( kkk) Storm sewer means a sewer for conveying water, ground water or
unpolluted water from any source and to which sanitary and/or industrial wastes
are not intentionally admitted.
(1111) Storm Water means any flow occurrin during or following any form of
natural precipitation, and resultin� from such_precipitation, includin� snowmelt.
i�-s�ks�ei�'�ivrr-iir-�.n�°rcr�e�rgc-vi-Q�-�q�i��-'�-�^r�t'i i�e�-�ei�e���e-b�
l 1.., .�+., �1+«.,+:�, Tl,o „+«..4:.,,e- ol,.�ll b,o o.L i., ;ll:..�.�mo�or
f..�L, :,, ��Q�.,,�.a.,ra AAokl,.,.l� ��
mmmm Total solids means the sum of suspended and dissolved solids.
(nnnn) Total Suspended Solids (or TSS) or Suspended Solids (or SS) means the
total suspended matter that floats on the surface of, or is suspended in, water,
wastewater, or other liquid, and that is removable by laboratory filterin�. The
concentration shall be expressed in milli�rams per liter.
000o Toxic amount means concentrations of any pollutant 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 the Clean Water Act
(PL 95-217).
(pUpU) Unpolluted water i-s means water of quality equal to or better than the
16
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.
(qqqq) User or Industrial User (IU) means a source of indirect dischar�e.
rrrr User charges means a charge levied on users of the wastewater treatment
works for the cost of operation and maintenance of such works pursuant to
Section 204(b) of Public Law 92-500.
ssss User class means the division of wastewater treatment customers by
source, function, waste characteristics, and process or discharge sim'ilarities, (i.e.
residential, commercial, industrial, institutional, and governmental in the User
Charge System).
tttt Volatile organic matter means the material in the sewage solids transformed
to gases or vapors when heated to five hundred fifty (550) degrees Celsius for
fifteen (15)to twenty(20) minutes.
UUUU Wastewater means �vu�c�-nr�rrn�n-&cv.irg�ufi�°c°cir'�m'-"s`d b°� Iguid
and water-carried industrial wastes and sewage from residential dwellin�s,
commercial buildin s, industrial and manufacturin facilities, and institutions,
whether treated or untreated,which are contributed to the POTW.
vvw Wastewater Treatment Plant or Treatment Plant means that portion of the
POTW which is desi�ned to provide treatment of municipal sewa�e and industrial
waste.
w�www Watercourse means a natural or artificial channel for the passage of
water either continuously or intermittently.
xxxx Wholesale user means any municipal governmental entity which has
entered into an intermunicipal contract with the City of South Bend for
wastewater treatment service.
SECTION III The title of Chapter 17, Article 2, Division 3 of the South Bend
Municipal Code shall be amended to read as follows:
DIVISION 3. GENERAL USE OF PUBLIC SEWERS, PRETREATMENT OF
WASTEWATER, AND DISCHARGE PERMITS.
SECTION IV. Chapter 17, Division 3, Section 17-8 of the South Bend Municipal Code
shall be amended to read in its entirety as follows:
Sec. 17-8. �e�-i��e�--�-is . General nurpose; prohibited
17
dischar�es; discharge standards
(a) General purpose This Division 3 of Chapter 17 Article 2 of the South Bend
Municipal Code (Division) shall a�plv to all Users of Publicly Owned Treatment Works.
This Division authorizes the issuance of wastewater dischar�e permits, and provides for
monitoring compliance and enforcement activities. The specific objectives of this
Division are:
� To prevent the introduction of pollutants into the Publiclv Owned
Treatment Works that will interfere with its operations;
� To prevent the introduction of pollutants into the Publicly Owned
Treatment Works that will pass through the Publicly Owned Treatment
Works inadecLuatelv treated, into receivin� waters, or otherwise be
incompatible with the Publicly Owned Treatment Works;
� To protect both Publicly Owned Treatment Works personnel who mav
be affected bv wastewater and sludge in the course of their emplovment
and the �eneral public;
� To promote reuse and recycling of industrial wastewater and slud�e
from the Publicly Owned Treatment Works;
� To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the Publiclv Owned
Treatment Works; and
� To enable the Citv to com�ly with its National Pollutant Dischar�e
Elimination Svstem permit conditions, slud�e use and disposal
requirements and any other Federal or State laws to which the Publiclv
Owned Treatment Works is subject.
{�� General prohibitions. No �e�se� User shall a;^"� introduce or cause
to be ���^'�^r^°a ^r introduced into the POTW 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 s
Standards or any other National, State or local �Pretreatment sStandards or
�Requirements.
(�} � Specifrc prohibitions. No �e�se� User shall d'�"� introduce or cause
to be ����'��rR°a �r introduced � ��*'�° f"�•�•��rt a��a certain pollutants,
substances1 or wastewater into any public sewers or directly or indirectly into the
POTW=. Those pollutants, substances or wastewater prohibited by this
subsection shall not be processed or stored in such a manner that they could be
dischar�ed to the POTW. The followin�described pollutants are expressly
18
prohibited:
(1) Any gasoline, benzene, naphtha, fuel oil or other pollutants which
create a fire or explosive hazard to the POTW, including, but not limited
to, wastestreams with a closed-cup flashpoint of less than one hundred
forty (140) degrees Fahrenheit (sixty-�e(�}� degrees Celsius) using
the test methods specified in 40 CFR 261.21.
�� � + ., + � +.,;,,;.,,. +„�;,. „ „�;a�_�;,,,,;a�
, ��.�s��
g�Se9—�=�C-�e�i��rt�t3�—e-'rt�t ,��. t,. „�o ,.�:,, ,:�t, „*�,o,.
,
> >
u�cs-cm�cv-�urncli�- � � E��ir�H��iEzTU-i�airc°c-vi-�8--c�`
]� a : +1, ,.,+o,.� „�+l,a � e rre�r,,,a„r,�1�„r_
{� � Any , . „ + �. ..0 i,..,,o.. .i,.,., c n � n ,,,.s,.uun�
,
vqnrprirE�i�-66�@E�36�i--Sr�"'�-��-0�-�32�Se��-6�ri2--S2��4'3�� • „rL�� „r +t,.,+
��e�e�es—�t�i--a��}—t��t—��eEes�: wastewater containin� toxic
pollutants in sufficient quantitv, either sin�lY or by interaction with other
pollutants to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a toxic effect in the
receivin� waters of the wastewater works, or to exceed the limitations set
forth in the applicable Federal Categorical Pretreatment Standards or other
pretreatment standards or re�ulation issued by the EPA or the IDEM.
Toxic pollutants are identified pursuant to Section 307(a) of the Federal
Water Pollution Control Act, as amended.
{4)�3,� Solid or viscous substances in quantities or of such size capable of
causing obstruction to the flow in sewers, or other interference with the
proper operation of the sewage works such as, but not limited to ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole
or ground by garbage grinders.
«� �... �.e .,+o .,.., ,� +„ „�ii„t�r+� ,��,. .,+ ,,, .,+:�,L
, ,,,,, ,,, ,, ,,,, ;,,;,, .,;,._ ;,, �, r.�.:�
,.,
_ .._�-=-----=- =------------ -----= ��.-:,u= �uu..�. .
r�� --- � a r---------- --- . ��
'rt, ,.1., ,. 1,., .,+o,..,..+:,,., . ,;+1, „+l,o.. ...,11„+.,.,+� +., ; „+orf�
� ...
�4� 04o n4or 4r n4m r�4 ++ �+n4i4ii4a_n_�n-»r�_t�-�vmnnn�i
n�
��;e-�e�te-��-te��e�€€eEt-�r-tke-�eEe����e�s-e€-t�
�ir(�ric��-�e�rEee�-�e-�rixxrtz'�t�ei�s�5ci-i�t�-iir-t-�3(.i-^appiiEt��i cacnz=
�n4o n� D.�o4.-on4rv. .�4 C�4n..an.�r�n ri4�n — o}rnntmnr�4_-�t�ri�nr�c��i
1 +' 0.7 1... �D A .. �l,v TTI�Td T.,.,:.. ,..,11„+.,,,*/�l ., ;.ao,,,+;f:o.�
+ �l, Co,.�;,,,, '2I1'1/.,\ ,.�+l,o �o.lor.,l �xl�+or U„11„�;�,,, !`�,,,�r.,l A..� �
�
mzzci ic�
19
(�-}(4) Any pollutant, including oxygen-demanding pollutants (BOD,
etc.), released in a discharge at a flow rate andlor pollutant concentration
which, either singly or by interaction with other pollutants, will cause
interference with the POTW.
�}� Wastewater or any liquid having a temperature greater than one
hundred fifty (150) degrees Fahrenheit(sixty-five (65}degrees Celsius), or
which will inhibit biological activity in the treatment plant resulting in
interference, but in no case wastewater or liquid which causes the
temperature at the introduction into the treatment plant to exceed one
hundred four (104) degrees Fahrenheit(forty(40) degrees Celsius).
�}� Trucked or hauled pollutants, except at discharge points designated
by the Director.
�� Any• 4 n4o �i i+4�e n4e v+4n r�inn_n�nnnntrn4i� �
'�� ucivii�-vr
��, � ��„ �. +., ,,.�,,,,,,+., ooa; ,� +�,e �+.,to��,>>,o�: pollutant
that results in the presence of toxic �ases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safetv
problems.
�Y
��r , ��
-r„+.,i n,.� 9:9
T„r.,l I'��a,,, �
�
T.,+.,1 ('�.,,, �
T.,+.,1 l�..�,,;.lo � �
T.,+.,zvs ��a -Y-J
T.,+.,1 T�Tor�„r.. �
T•,*"-rvcni-i�-i�,-�iE°ci -�
T•-•+•,zvcui v'rivci' 'Y":'b
T�,t.,zvcaizriic �
A 11 , .,:+� .,,../1
�},� Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the Board in
compliance with applicable State or Federal regulations.
{�� Any water or waste containing total oil and grease (biodegradable
animal and vegetable fats, oil, waxes and greases and non-biodegradable
hydrocarbon oils and greases), whether emulsified or not, in excess of
three hundred (300) mg/1 ���t� Total Oil and Grease containing
20
substances which may solidify or become viscous at temperatures between
thirty-two (32) and one hundred fifty (150) degrees Fahrenheit or zero (0)
and sixty-five (65) degrees Celsius, however, the hydrocarbon portion of
the total oil and grease concentration may not exceed one hundred (100)
mg/1. Proper testing procedures shall be outlined � for each ;"�
a��^�^r^° ^°��* user. . No user shall introduce or cause to be introduced
petroleum oil non-biode�radable cuttin� oil, or products of mineral oil
origin in amounts that will cause Pass Through or Interference.
{�� Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a motor of
three-fourth horsepower (0.76 hp metric) or greater shall be subject to the
review and approval of the Board.
�}� Any waters or wastes containing strong acid iron pickling wastes
or concentrated plating solutions whether neutralized or not.
�-4-} 12 Any waters or wastes containing iron, chromium, copper, zinc,
and similar objectionable or toxic substances; or wastes exerting an
excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Director for such materials.
{-�5-} 13 Any waters or wastes containing phenols or other taste- or odor-
producing substances, in such concentrations exceeding limits which may
be established by the Board as necessary, after treatment of the composite
sewage, to meet the requirements of the State, Federal or other public
agencies of jurisdiction for such discharge to the receiving waters.
(-��-} 14 Anv waters or wastes having a pH lower than 6.0, �any waters
or wastes having a pH in excess of 11.0.- ,or havin� anv corrosive propertv
capable of causin�ge or hazard to structures, equipment, or
personnel of the publiclv owned treatment works, or that interferes with
any treatment process. Notwithstanding this provision, New Energy
Corp., shall be authorized to discharge at a pH not to exceed 12 in keeping
with its odor abatement efforts.
{�} 15 Noxious or malodorous liquids, gases, solids, or other
wastewater which, either sinelv or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair.
�8�}� Slud�es, screenin�s, or other residues from the pretreatment of
industrial wastes.
21
{-�9j 17 Medical Wastes except as specifically authorized bv the
Director.
�18) Wastewater causing alone or in conjunction with other sources, the
POTW's effluent to fail a toxicity test.
�� Materials which exert or cause:
a. Unusual concentrations of inert S.S. (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).
b. Excessive discoloration (such as, but not limited to, dye
wastes and vegetable tanning solutions).
c. Unusual S.S., CBOD, BOD, ammonia-nitrogen,
phosphorus, or chlorine requirements in such quantities as
to constitute a significant load on the sewage treatment
works.
d. Unusual volume of flow or concentration of wastes
constituting "slugs," as defined herein.
{-�8-}� Waters 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 will be compromised.
(�9�� It shall be unlawful for any person to place, deposit,permit to be
deposited, or discharged in any manner whatsoever, any substance into a
sewer at a point different than the proposed sewer connection to the
sanitary sewer system.
(d) Categorical Pretreatment_Standards. Users must compl�with the cate og rical
Pretreatment Standards found at 40CFR, Chapter I, Subcha�ter N parts 405-471,
and with the State of Indiana Pretreatment Standards as defined at 327 IAC 5-16
throu h 327 IAC 5 to 21, as well as anv Local Limits which the Director is
authorized to establish pursuant to 40CFR 403 403.5(c) and any subsequent State,
Federal or Local �uidelines and Rules and Regulations. The Director mav
develop Best Mana�ement Practices (BMP's), by ordinance or in individual
wastewater dischar�permits to implement local limits and the requirements of
this Division. The National Cate�orical Pretreatment Standards, State
Pretreatment Standards, and Local Limits are subject to the followin� restrictions
and prescriptions:
22
(1) When the limits in a cate�orical Pretreatment Standard are expressed
only in terms of mass of pollutant per unit of production, the Director mav
convert the limits to equivalent limitations expressed either as mass of
pollutant dischar e�d per day or effluent concentration for purposes of
calculatin� effluent limitations applicable to individual Industrial Users.
�2) State and local requirements and limitations on dischar�es shall be
met bv all dischar�ers when such requirements and limitations are more
stringent than Federal reQUirements and limitations.
� When wastewater subject to a cateporical Pretreatment Standard is
mixed with wastewater not re�ulated by the same Standard, the Director
shall impose an alternate limit in accordance with 40 CFR 403.6(e).
� Once included in its permit, the Industrial User shall comply with the
equivalent limitations developed in lieu of the promul�ated categ;orical
Standards from which the equivalent limits were derived.
� When a categorical Pretreatment Standard specifies one limit for
calculatin�daily maximum dischar�e limitations, and a second limit for
calculatin� monthlv avera�e dischar�e limitations, the same production or
flow fi�ure shall be used in calculatin� both the average and the daily
maximum equivalent limitations.
� Any Industrial User operatin�Lunder a permit incorporatin� 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 si�nificantly
chan�e within the next calendar month. Anv user not notifyin� the
Director of such anticipated chan�e will be required to meet the mass or
concentration limit in its permit that were based on the original estimate of
the long term avera�e production rate.
(e) State Standards. Users must complv with the State of Indiana Pretreatment
Standards as defined at 327 IAC 5-16 throu�h 327 IAC 5-21.
(fl Local Standards.
� The Director is authorized to establish local Limits pursuant to 40
CFR 403.5(c).
�,2,� The followin� pollutant limits are established to protect against Pass
Throu�h and Interference. These limitations mav be applied as either
instantaneous limitations or dailv maximum limitations. No person shall
23
dischar�e wastewater containin� in excess of the following:
0.3 m�/1 arsenic
f o.sl mg/1 cadmium
7.5 m�/1 chromium
f 1.61 m /��per
f 1•5] m� a�
I 1•6] m /1�
j o.i 1 m�/1 mercury
[ 1.91 m�/l nickel
f 1.81 m�/1 silver
f 3.41 m /1 zinc
(g) Dilution Prohibition. No User shall ever increase the use of process water, or
in any way attempt to dilute a dischar eg as a partial or com�lete substitute for
adequate treatment to achieve compliance with a dischar��e limitation unless
expressly authorized by an applicable Pretreatment Standard or Requirement.
The Director ma�pose mass limitations on Users who are usin� dilution to
meet a�pplicable Pretreatment Standards or Requirements, or in other cases when
the imposition of mass limitations is appropriate.
(h) Right of Revision. The City reserves the right to establish bv ordinance or in
individual wastewater discharge permits, more stringent Standards or
Requirements on dischar�es to the POTW consistent with the purpose of this
Division.
(rl l 7,.I �, T 4 .�.4.� ..L..�11 l�e r:r1o.7 l�� tl�o rli l+l�n�ao�na��nn_oann
auiT
rorttll.`i���n �n .���o n4o r.���st�nr�nrw+�i.� .,�..'.�'n,+.�'...........
°� °� ° � a a...aa...�». .. �
A lr-ni---irr�2`�C �.�-�i�ll l,o_..� 4. ,�� '* nr,r,ro zn�Ll�, 4l, T2�.�.'� .,. ..�
� "c°-crri C-t'�pucn7-uppro v va-n'j'-�i.�.
� •
rl/ +.-. ..4 . 4 n..4�r ..4 ..L..�11 L.o ora +r� mnir�t�in-nnrti�inc�.
i�.0
i..�an n�. 4i.4i.v.n nr�� rin4o_��nlonr.ir..Y nr�a i on4ir��
�e}� Equipment Maintenance. When a discharger is required to provide
preliminary treatment, including interceptors or flow equalization facilities, such
equipment shall be maintained by the discharger in satisfactory operating
condition as determined by the Board of Public Works or its designee.
(�� Control Manhole. When required by the Director, the owner of any
property serviced by a building sewer carrying ��� non-residential wastes
shall install a suitable control manhole, together with such necessary meters and
other appurtenances in the building sewer, to facilitate observation, sampling and
measurement of the wastes. Such 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
24
shall be maintained by him so as to be safe and accessible at all times. Agents of
the City, the State Water Pollution Control Agencies and the USEPA shall be
permitted to enter all properties for the purpose of inspection, observation,
measurement, sampling and testing.
{g��k) Testing Methods. All measurements, tests and analyses of the
characteristics of water and wastes to which reference is made in this ordinance
shall be conducted using the methods and procedures in 40 CFR Part 136, and
shall be determined at the control manhole or monitoring location provided, or
upon suitable samples taken at said control manhole or monitoring location,
except for the application for NPDES permits and report thereof such shall be
conducted in accordance with rules and regulations adopted by the USEPA, 40
CFR Part 136 and any subsequent revisions subject to approval by the City. In
the event that no special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer to the point
at which the building sewer is connected. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents upon the sewage
works and to determine the existence of hazards to life, limb and property. �T-�e
� it *� it f .,+o „i,o+t,o .,�, rl�rs�,�„„�
,. ,,, ,,,. . .. ., ,.,. �.,,,.,
------ -- -- r-=------- -- �ca---r-- - -- -�- ------ -� � .
��, ia i. � i �.r ii �. + + t �nr� .,a e c .,i. ��:� �t,+µ��o�t
c� . , czivc-csr'�-c"c�, . . „� .,..
F + t f' L. :40�. �f .�11 »4�11�. ..�l.ore.��. rL7n_orn-�1ntn+�+v.;..or]
��e�i�a;^ ^r^'� �°m^'°°.' Wastewater samplin� shall be conducted in a
manner that is representative of normal production and dischar�e practices.
(-�} (1) Individualized Agreements. No statement contained in this article shall be
construed as preventing any special agreement or arrangement between the City
and any industrial concern whereby an industrial waste for unusual strength or
character may be accepted by the City for treatment, subject to payment therefore,
by the industrial concern, at such rates as are compatible with the rate ordinance;
provided, however, that no special agreement or arrangement may be made with
the City which results in the violation of National Pretreatment standards or local
limits.
SECTION V. Chapter 17, Division 3, Section 17-9 of the South Bend Municipal is
amended by transferring previous Section 17-19 and 17-19.1 of Chapter 17, Division 3,
renumbering it as Section 17-9 which follows, and by further amendment of its content. (The
existing Section 17-9 of Chapter 17, Division 3, shall be renumbered as Section 17-19 which
shall replace that former Section.)
Chapter 17, Division 3, Section 17-9 as thus amended shall read in its entirety as follows:
C.� ;+�..... � ....i,:h:�.�.1
��c . . .
f.,\ AT., ,. �l,.,ll ..1.,..0 .ao,�.,�:+ ., .�,,..;♦ +., l,o .70.,.,�;+oa ; ,,;��,-,�
�«:7vir�-�rmr�ns �
25
��e-�e�e€-s-ar�+.,� ., , i,,,.,,,,.,_e��e-�e�re�+� ,.n,.�.,,no ,. „+�,e,. „i.:o,.+:,,.,.,�,io
�
,
ei�e�-��eEt�or-�i�eEt�3;-��e�-��� , � ..� ,� .,a . ,.,+o,.� ,. „��,,,,,,�f
���s�E�-�ge;Eee�i�g-����,-=��� „Y„ii„+o�„a���
�e�
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Sec.�317-9. Compliance Monitorin�.
(a) Right ofEntry: Ins�ection and sampling.
26
The Director3 or the Director's �s representatives �the Director) shall have
the right to enter the ��es rp.emises of any �� �tUser to as��
determine whether the ,
n��a � * ��a •,.��*�°r *�° ;�a„r� �tUser is complying with all
,
requirements �e�ee€ of this Division and anv individual wastewater dischar�e
permit or order issued hereunder. ��tts���tUsers shall allow the Director er��s
ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the performance of
any additional duties.
(1) Where ���� �ra��°*r��' a �tUser has security measures in force which
require proper identification and clearance before entry into its premises,
the ���a� �tUser shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, Citv personnel
�r— ;*�, ��=;'t shall be permitted to enter without delay, for the
purposes of performing their specific responsibilities.
(2) The City shall have the right to set up on the ���� �tUser's
property, or require installation of, such devices as are necessary to
conduct sampling and/or metering of the�tUser's operations.
(3) The Director may require the ��n�°�� �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 ��ts� �tUser at its own expense. All devices used to
measure wastewater flow and quality shall be calibrated �e�� at
least once per�ar to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to
the ��a} facility to be inspected and/or sampled shall be promptly
removed by the ��� �tUser at the written or verbal request of the
Director and shall not be replaced. The costs of clearing such access shall
be borne by the����User.
(5) Unreasonable delays in allowing City personnel access to the
���tUser's premises shall be a violation of this sSection.
Sc,.. ,� ,o.'. C ea����.-:-r�=�
�b,� Search Warrants
If the Director a�or � the Director's representatives hasve been refused access to a
building, structure or property or any part thereof, and ��*'�° T'�r°^*^r
�as is able to demonstrate� probable cause to believe that there may be a violation of this
ordinance or that there is a need to inspect and/or sample as part of a routine inspection and
27
sam lin program of the City designed to verify compliance with this ordinance or any permit or
order issued hereunder, or to protect the overall public health, safety and welfare of the
community, the�, Director ,
may seek � issuance of a search �����.zaz warrant from the Superior Court or Circuit Court.
, � •
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SECTION VI. Chapter 17, Division 3, Section 17-10 of the South Bend Municipal
Code shall be amended to eliminate former subpart (a) which was moved and relocated in
Section 9(d) of Chapter 17, Division 3, and to add other parts and subparts. As amended,
Section 17-10 of Chapter 17, Division 3 shall read in its entirety as follows:
Sec. 17-10. Pretreatment of industrial �es wastewater and permits for
wastewater dischar�e, Board of Works powers.
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28
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�} � Pretreatment of wastewater — facilities and _additional pretreatment
measures
� Users shall provide wastewater treatment as necessar�to complv with
this Division and shall achieve compliance with all cate o�rical
Pretreatment Standards, Local Limits, and the prohibitions set out in
Section 17-8(c) of this Division within the time limitations specified by
EPA the State or .the Director, whichever is more strinpent. Any
facilities necessar� for compliance shall be provided, operated, and
maintained at the User's expense. Detailed plans describing such facilities
and operatin procedures shall be submitted to the Board or its desi�nee
for review, and no construction of such facilities shall be commenced until
the User is notified in writin�that the plans are acceptable. The review of
such plans and operatin�procedures shall in no way relieve the User from
the responsibility of modifvin� such facilities as necessary to produce a
dischar e� acceptable to the City under the nrovisions of this Division. All
facilities necessary for compliance shall be subject to periodic inspection
� the City to determine that such facilities are bein�operated in
conformity with applicable Federal, State and local law. The owner shall
maintain operatin��records of the influent and effluent to show the
�erformance of the treatment facilities and for comparison a�ainst City
monitorin�records.
� Whenever deemed necessary, the Director ma�equire Users to
designate that certain wastewater be dischar ed only into specific sewers,
relocate and/or consolidate points of dischar�e, separate sewage
29
wastestreams from industrial wastestreams, and such other conditions as
mav be necessarv to protect the POTW and determine the User's
compliance with the requirements of this Division.
� The Director ma�require any,person discharging into the POTW to
install and maintain, on their propertv and at their expense, a suitable
stora�e and flow-control facilit,v to ensure eQUalization of flow. An
individual wastewater discharge permit may. be issued solely for flow
equalization.
� The Board or its desi�nee ma�quire Users, other than residential
users, to supplv pertinent information on wastewater flow characteristics.
Such measurements, tests and analyses shall be at the User's expense. If
made bv the Citv, an appropriate charge may be assessed to the User at the
Citv's option.
� Grease, oil, and sand interceptors shall be provided bv the User as
necessarv for the proper handlin� of wastewater containin� excessive
amounts of �rease and oil, or sand. All interception units shall be of a
tvpe and capacitv acceptable to the Board of Public Works or its desi�nee,
and shall be so located to be easilv accessible for cleanin� and ins ecp tion•
Interceptors or traps shall be constructed of impervious materials capable
of withstanding abrupt and extreme chan�es in temperature and shall be of
substantial construction, be �as tight and equipped with easilv removable
covers. Specifications for �rease, oil, and sand interceptors shall be in
accordance with provisions of the Indiana Plumbin� Code, as amended.
Such interceptors shall be inspected, cleaned, and repaired bv the User at
their expense. ,
� Users with the potential to dischar�e flammable substances mav be
required to install and maintain an approved combustible �as detection
meter.
(b) Accidental discharges/slug�Discharge Control Plans:
(1) � All sSignificant �Industrial t�Users SIU's shall �e submit
an accidental discharge/slug dischar�e control plan, ••�'��^'� „'n^ :° �„'�;°�*
to �p�� the Director everv two (2) years or when substantial
chan�es occur to the components of the plan. Each plan is subject to
�proval by the Director, and shall; thereafter; be implemented by the
si��r� �� �tUser. The Director may require anv User to
develop, submit for approval, and implement such a plan or take such
other action that mav be necessary to control Slu� Dischar�es.
Alternatively, the Director mav develop such a Qlan for an�User. �
��s An accidental dischar�e/slu�dischar�e control plan shall address, at
30
a minimum, the following:
a. Description of discharge practices, including non-routine
batch discharges;
b. Description of stored chemicals;
c. Procedures for immediately notifying the Director of any
accidental or sSlug�Discharge, as required hereafter;
d. Procedures to prevent adverse impact from any accidental
or sSlug �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.
(2) Dischargers shall notify the Director immediately upon the
occurrence of a "slug" or accidental discharge of substances prohibited by
this �Division. The notification shall include location of discharge, date
and time of occurrence, type of waste, concentration and volume, and
corrective actions. Immediate notification may be verbal, followed by a
written verification within five (5) days of the incident.
�3) Dischargers shall notif�the Director immediately if any chan�is
occur at the facility that affect the potential for a slug or accidental
dischar�e. Additionally dischargers with an approved slug or accidental
dischar��lan shall submit a revised plan if an�changes occur at the
facilitv that affect the potential for a slug or accidental dischar�e.
(-d-}� Hauled Wastewater
� Septic tank waste mav be introduced into the POTW only at locations
desi�nated by the Director, and at such times as are established by the
Director. Such waste shall not violate Section 17-8 of this Division or anv
other requirements established bv the Citv. The Director ma�require
septic tank waste haulers to obtain individual wastewater dischar�e
ep rmits•
� The Director may require haulers of industrial waste to obtain
individual wastewater discharge permits. The Director also may require
�enerators of hauled industrial waste to obtain individual wastewater
� dischar�e permits. The Director also ma�prohibit the disposal of hauled
31
industrial waste The dischar�e of hauled industrial waste is subiect to all
other reQUirements of this Division.
� Industrial waste haulers ma�dischar�e loads only at locations
desi�nated by the Director. No load may be dischar�ed without prior
consent of the Director. The Director may collect samples of each hauled
load to ensure com�liance with applicable Standards. The Director mav
require the industrial waste hauler to provide a waste anal�is of anv load
prior to dischar�e.
� Industrial waste haulers must provide a waste-trackin�Lform for everv
load. This form shall include, at a minimum, the name and address of the
industrial waste hauler permit number, truck identification, names and
addresses of sources of waste, and volume and characteristics of waste.
The form shall identif�ype of industry, known or suspected waste
constituents and whether anv wastes are RCRA hazardous wastes.
{�� Individual Wastewater a�Dischar�e ermit��Requirement:
(1) It shall be unlawful to discharge sewage, nondomestic wastes, or
other wastes to any sewer outlet within the jurisdiction of the Board of
Public Works without having been issued a wastewater discharge permit if
the discharger:
a. Is subject to National Categorical Pretreatment Standards
as promulgated by the EPA;, unless the discharger is found
to be a non-significant Cate�orical Industrial User(CIU);
b. Discharges nondomestic wastewater in the amount equal to
or exceeding twenty-five thousand (25,000) gallons per
day;
c. Contributes a nondomestic waste stream exceeding five (5)
percent of the dry weather hydraulic or organic capacity of
the wastewater treatment plant; or
d. Has a reasonable potential to adversely affect the treatment
plant processes by inhibition, pass-through of pollutants,
sludge contamination, or endangerment of treatment plant
personnel.
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vuvsc.�v a�ca
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32
�t�e-i��e�-Ee�eEt�e�—The Director mav require other Users to obtain
individual wastewater dischar�e permits as necessary to carry out the
purposes of this Division.
�3) Anv violation of the terms and conditions of an individual wastewater
discharge permit shall be deemed a violation of this Division and subjects
the wastewater discharge permittee to the sanctions set out in Sections 17-
11 throu�h 17-13 of this Division. Obtainin� an individual wastewater
dischar�e permit does not relieve a permittee of its obli�ation to complv
with all Federal State and Local Pretreatment Standards and
Rec�uirements.
� Individual Wastewater Dischar,�e Permit.• New Connections.
Any User required to obtain an individual wastewater dischar�e permit
who proposes to begin or recommence dischar�in� into the POTW must
obtain such permit prior to the be�innin� or recommencing of such
discharge An application for this individual wastewater discharge permit,
in accordance with Subsection (�) below of this Division must be filed at
least ninety (90�days prior to the date upon which anv dischar�Le will
be�in or recommence.
�c�-}�f Individual Wastewater DischarQe Permit a�plication�ee�=Contents.
(1) All Users reQUired to obtain an individual wastewater dischar�e
permit shall submit a permit application. Applications for wastewater
discharge permits may be procured from the Director. The Director mav
require Users to submit all or some of the followin��information as part of
a permit application:
a. Identifyin� Information
� The name and address of the facility, includin�
name of the operator and owner.
ii Contact information description of activities, facilities,
and plant production processes on the premises;
b. Environmental Permits. A list of any environmental
control permits held by or for the facilitv.
c. Description of Operations.
� A brief description of the nature, avera�e rate of
production (including each product produced b�ype,
33
amount processes and rate of production), and standard
industrial classifications of the operation s) carried out bv
such User This description should include a schematic
process diagram which indicates points of dischar�e to the
POTW from the re ulg ated processes.
ii Tvpes of wastes �enerated, and a list of all raw
materials and chemicals used or stored at the facilitv which
are or could accidentally or intentionally be, dischar�ed to
the POTW;
iii Number and type of emplovees, hours of operation,
and proposed or actual hours of operation;
iv T�pe and amount of raw materials processed (avera�e
and maximum per dav);
� Site plans, floor�lans, mechanical and plumbin�
plans and details to show all sewers, floor drains, and
ap�urtenances by size, location, and elevation, and all
points of dischar�e.
d. Time and duration of dischar�es;
e. The location for monitoring all wastes covered by the
- ��
f. Flow Measurement. Information showin� the measured
avera�dailv and maximum daily flow, in �allons per da�
to the POTW from re ul� ated process streams and other
streams, as necessary, to allow use of the combined
wastestream formula set out in Section 17.10(a) (40CFR
403.6 e .
g_ Measurement of Pollutants.
� The cate�orical Pretreatment Standards applicable to
each re ul� ated process and new cate org icall ��re u� lated
processes for Existin� Sources.
ii The results of sampling and analysis identifyi'n�the
nature and concentration, and/or mass, where recLuired by
the Standard or b the Director of re ulated ollutants in
the discharge from each re ula�ted�rocess.
iii Instantaneous, Daily Maximum, and lon -tg erm
34
average concentrations or mass, where required, shall be
reported.
iv The sample shall be representative of daily operations
and shall be analvzed in accordance with procedures set out
in Subsection (�)(1) "Analytical Requirements" of this
Section 17-10. Where the Standard requires compliance
with a BMP or pollution prevention alternative, the User
shall submit documentation as required by the Director or
the applicable Standards to determine compliance with the
Standard.
� Sampling must be performed in accordance with
procedures set out in Subsection (p)(2) "Sample
Collection" of this Section 17-10.
vi Any other information as may be deemed necessary
bv the Director to evaluate the ep rmit application
� Incomplete or inaccurate applications will not be processed and will
be returned to the User for revision.
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(�}� Individual Wastewater Permit Fees
� The following wastewater discharge permit fees are required €er-�e
a;^^�^r^° �°��*° to be submitted:
a. Each Si�nificant Industrial User (SIU) wastewater
dischar�e permit will be issued for a �ase fee of �te
r��ec�--�e�a�s—���89:9&)---one thousand dollars
($1,000.00�
36
b. l. r���4� � �� 4+�orn ::i�� �n n n�nr
..r .. .... » .....�.b.. .,�
. All other User
wastewater dischar�e permits shall be issued for a fee of
five hundred dollars ($500.00).
�}� �plication Si�natories and Certi rcatzons.
�1,� All wastewater dischar��permit applications, User reports and
certification statements shall be si�ned bv an Authorized Representative of
the User and contain the certification statement in Subsection (p�51(a)of
this section 17-10.
� If the desi�nation of an Authorized Representative is no lon�er
accurate because a different individual or position has responsibilit�
the overall operation of the facilitv or overall res�onsibility for
environmental matters for the company, a new written authorization
satisfyin� the requirements of this Section must be submitted to the
Director prior to or to�ether with any reports to be si ned by an
Authorized Representative.
� Individual Wastewater Discharge Permit Decisions
!�\ �x7•+l,' + /�n\ a.,. � .,4'+or « ,�,r .,� rl,o ��,,1����.°" F r ,7;��1,..r..o
�-t7 .. .... ......... .b.,
�4 4ti+ Tl� 4 n�n�� r ni� nr�r��inn4i�r� �c�r__n�mr�linr�nn .in4� 41.n
� viiirii......v ...... .....
t�, u��ra ^� D„�.';e��e�s-� The Director will evaluate the data
furnished bv the User and may require additional information. Within
sixty�60) days of receipt of a complete permit application, the Director
will make a recommendation to the Board. The Board shall review the
recommendation and ma�pprove or deny application for an individual
wastewater discharge permit.
� If the Board of Public Works rejects the application for
noncom�liance the Board shall establish a compliance schedule and
require compliance schedule reports and compliance date reports on forms
supplied by the Director.
� Individual Wastewater Dischar�e Permit Issasance: Duration and
Contents ofPermit.
�1� An individual wastewater dischar�e permit shall be issued for a
specified time period, not to exceed five (5) vears from the effective date
of the permit. An individual wastewater discharge permit mav be issued
for a period of less than five (5) years, at the discretion of the Director.
37
Each individual wastewater dischar�e permit will indicate a specific date
u�on which it will expire.
� An individual wastewater dischar�e permit shall include such
conditions as are deemed reasonably necessar�y the Director to prevent
Pass Through or Interference protect the quality of the water bodv
receivin� the treatment plant's effluent �rotect worker health and safetv,
facilitate slud e mana ement and disposal, and protect a�ainst dama�e to
the POTW.
a. Individual wastewater dischar�e permits must contain:
� A statement that indicates the wastewater dischar�e
permit issuance date, expiration date and effective date;
ii A statement that the wastewater dischar�e permit is
nontransferable without prior notification to the Cit�
accordance with Subsection (n)(2) "Individual Wastewater
Dischar�e Permit Cessation, Revocation, Transfer,
Reissuance" of this Section 17-10, and provisions for
furnishin� the new owner or operator with a copy of the
existing wastewater dischar�e_permit;
iii Effluent limits, including Best Mana�ement Practices,
based on applicable Pretreatment Standards;
iv Self monitorin ,g samplin�porting, notification, and
record-keeping requirements. These requirements shall
include an identification of pollutants (or Best Mana eg ment
Practices) to be monitored, samplin� location, samplin�
frequency and sample type based on Federal, State, and
Local law.
� A statement of applicable civil and criminal penalties
for violation of Pretreatment Standards and Requirements,
and anv applicable compliance schedule. Such schedule
maY not extend the time for compliance beyond that
required by a�plicable Federal, State, or Local law.
vi Requirements to control Slu�Discharges.
b. Individual wastewater discharge permits may contain, but
need not be limited to, the following conditions:
� Limits on the avera�e andlor maximum rate of
dischar�e time of discharge and/or requirements for flow
38
regulation and equalization;
ii Requirements for the installation of pretreatment
technology pollution control, or construction of
��ropriate containment devices desi�ned to reduce,
eliminate or prevent the introduction of pollutants into the
treatment works;
iii Requirements for the development and
implementation of spill control plans or other s ep cial
conditions includin�mana�ement practices necessarv to
adequatel�prevent accidental unanticipated, or nonroutine
dischar e�s�,
iv Development and implementation of waste
minimization nlans to reduce the amount of pollutants
dischar�ed to the POTW;
� The unit char�e or schedule of User char�es and fees
for the management of the wastewater discharged to the
POTW;
vi Requirements for installation and maintenance of
inspection and samplin� facilities and equi�ment includin�
flow measurement devices;
vii A statement that com liance with the individual
wastewater discharge �ermit does not relieve the permittee
of responsibilitv for compliance with all applicable Federal
and State Pretreatment Standards, includin� those which
become effective during the term of the individual
wastewater discharge permit; and
viii Other conditions as deemed appropriate by the �
Director to ensure compliance with this ordinance, and
State and Federal laws, rules and re�ulations.
�� Permit Appeals.
� An administrative appeal from any terms of an individual wastewater
dischar�e permit issued under this Section shall be made pursuant to
Section 17-11(c) of this Division, but the effectiveness of the individual
wastewater discharge permit shall not be sta e�_pendin� the
administrative appeal.
� Decisions by the Board not to reconsider an individual wastewater
dischar�e permit, not to issue an individual wastewater dischar�permit,
39
or not to modify an individual wastewater discharge permit shall be
considered final administrative actions for purposes of judicial review.
� A��rieved parties seekin�1udicial review of the final administrative
individual wastewater dischar�e permit decision must do so by filin� a
complaint with the St Joseph Count�Indiana Superior or Circuit Court.
� Permit Modi�cation.
The Board of Public Works may modifv a wastewater discharge permit
for�ood cause includingbut not limited to the followin�reasons:
� To incorporate any new or revised Federal State or local
Pretreatment Standards or Requirements;
� To address si�nificant alterations or additions to the User's operation,
processes or wastewater volume or character since the time of the
individual wastewater dischar�e permit issuance;
� A change in the POTW that requires either a temporarv or permanent
reduction or elimination of the authorized discharge;
(4� Information indicatin� that the permitted dischar�e poses a threat to
the Cit�s POTW Cit�personnel, or the receiving waters.
� Violation of any terms or conditions of the individual wastewater
dischar�e permit;
� Misrepresentations or failure to fully disclose all relevant facts in the
wastewater dischar�e permit application or in any required reportin�;
�7,� To correct typo�raphical or other errors in the individual wastewater
dischar�e permit; or
� To reflect a transfer of the facility ownership or operation to a new
owner or operator where rec�uested in accordance with Subsection (n)(2)
of this Section 17-10.
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40
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41
1�Aa L.<1+1,A T1lYel�
�}� Wastewater Analvsis
When requested bv the Director a User must submit information on the
nature and characteristics of its wastewater within sixty(60) days of the
request The Director is authorized to�re�are a form for this purpose and
ma�periodically require Users to update this information.
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(-�r}� Individual Wastewater DischarQe �Permit Cessation,
Revocaton, �Transfer, Reissuance.
42
� Individual wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All individual
wastewater dischar�e permits issued to a User are void upon the issuance
of a new individual wastewater dischar�e permit to that User.
� ��c� + * a• t, ;+� oa �„ ;�;� a; ,.t,., ,- �
�b�
� 4' 1,1 + ♦1, 1 .,+;.,., . .;tl,.,,,� ,,.,*;4';..�t;.,,,_t,,��::..�r�. »„a
t�,�n�� >.,i „� +t, u,,,,,.a „� �.,�.i;,. �x�e�. Individual
wastewater discharge permits may be transferred to a new owner or
operator onlv if the permittee �ives at least thirt�(30) days advance notice
to the Director and the Director approves the individual wastewater
discharge permit transfer. The notice to the Director must include a
written certification by the new owner or operator which:
a. States that the new owner and/or operator has no immediate
intent to chan�e the facilit '�perations and processes;
b. Identifies the specific date on which the transfer is to occur;
and
c. Acknowled�es full responsibility for complying with the
existing individual wastewater dischar�e permit.
Failure to provide advance notice of a transfer renders the individual
wastewater dischar�e permit void as of the date of facility transfer.
� A User with an expiring individual wastewater dischar�permit shall
�plv for an individual wastewater discharge permit reissuance bv
submitting a complete permit application, in accordance with Subsection
(fl "Individual Wastewater Discharge Permit — Contents" of this Section
17-10, a minimum of ninety�90Ldavs prior to the expiration of the User's
existin� individual wastewater discharge permit.
� The Director mav revoke an individual wastewater dischar�e permit
for good cause, which shall be subject to appeal under Section 17-11(c) of
this Division, but the effectiveness of revocation shall not be sta�
pending administrative appeal. Reasons for permit revocation bv the
Director include but are not limited to the followin�:
a. Failure to notifv the Director of significant chan�es to the
wastewater prior to the changed dischar�e�,
43
b_ Failure to provide prior notification to the Director of chan�ed
conditions pursuant to Subsection (0)�5) of this Section 17-10;
c. Misrepresentation or failure to fully disclose all relevant facts in
the wastewater discharge permit application;
d. Falsifyin� self-monitorin�reports and certification statements;
e. Tamperin�with monitoring equipment;
f. Refusin� to allow the Director timely access to the facility
premises and records;
� Failure to meet effluent limitations;
h. Failure to pav fines;
i. Failure to pav sewer char�
� Failure to meet compliance schedules;
k. Failure to complete a wastewater survey or the waste_water
dischar�permit application;
1. Failure to provide advance notice of the transfer of business
ownership of a permitted facilitv; or
m. Violation of any Pretreatment Standard or Requirement, or any
terms of the wastewater dischar�e permit or this ordinance.
�}� Reporting requirements=List of RecLuired Reports
(1) Baseline Monitoring Reports.
(�} Within either one hundred eighty (180) days after the effective date of
a categorical �Pretreatment sStandard, or the final administrative decision
on a category determination under 40 CFR 403.6(a)(4), whichever is later,
existing Cate o� rical �crt�'� }Industrial �Users ����—te�a^�
e-�tege�c-a�--}�e#ea�°������ currently discharging to or
scheduled to discharge to the POTW; shall �° ••°��•��•°a *� submit to the
Director a report which contains the information listed in paragraph{-�}�
below. At least ninety (90) days prior to commencement of their
44
discharge, �New sSources, and sources that become Categorical }Industrial
�Users subsequent to the promulgation of an applicable categorical
sStandard, sha11 be required to submit to the Director a report which
contains the information listed in subparagraph (�} � below. A �New
sSource shall also be required to report the method of pretreatment it
intends to use to meet applicable pretreatment standards. A new source
shall also give estimates of its anticipated flow and quantity of pollutants
discharged.
�-} a. �° ��� �tUsers described above shall submit the
information �°a '��.+'�;� °°^+;^^ �n�=�� set forth below:
�.� Identifying information. The name and address of
the facility including the name of the operator and owners
to�ether with contact information, description of activities,
facilities and plant production processes on the premises.
�. ii Environmental control. A list of any environmental
�e�permits held by or for the facility.
s. iii Description of operations. A brief description of
the nature, average rate of production (including each
product produced by type amount processes and rate of
roduction , and standard industrial classifications of the
operation(s) canied out by such �� �User. This
description should include a schematic process diagram
which indicates points of discharge to the POTW from the
regulated process.
� iv Flow measurement. Information showing the
measured average ^ *' * a ��^~~�r^^°a '��,+'�° n;r°^+�r
, ,
daily and maximum dailv flow, in gallons per day, to the
POTW from regulated process streams and other streams,
as necessary, to allow use of the combined wastestream
formula set out in Section 17-8(d)�40 CFR 403.6(e)�.
e:� Measurement of pollutants.
1. Identif}ication of the categorical �Pretreatment
sStandards applicable to each regulated process and
any new cate or� ically regulated processes for
Existin� Sources.
45 .
2. Submi�ssion of 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.
3. Instantaneous, daily maximum and long term
average concentrations (or mass, where required)
shall be reported. The sample shall be
representative of daily operations and shall be
analyzed in accordance with procedures set out
herein. Where the Standard requires compliance
with a BMP or pollution prevention alternative, the
User shall submit documentation as required bv the
Director or the applicable Standards to determine
compliance with the Standard. Samples should be
taken immediately downstream from pretreatment
facilities if such exist or immediately downstream
from the re ulated process if no pretreatment exists.
If other wastewaters are mixed with the re�ulated
wastewater prior to pretreatment the User should
measure the flows and concentrations necessar ��to
allow use of the combined wastestream formula in
40 CFR 403.6(e) to evaluate compliance with
Pretreatment Standards. Where an alternate
concentration or mass limit has been calculated in
accordance with 40 CFR 403.6(e) this adiusted limit
along with the su�porting data shall be submitted to
the Control Authoritv.
4. Samplin� and analysis shall be performed in
accordance with Subsection (�)(1) "Analvtical
Requirements" for reports, Section 17-10 of this
Division.
5. The Director may allow the submission of a baseline
report which utilizes only historical data so lon�as
the data provides information sufficient to determine
the need for industrial pretreatment measures
6. The baseline report shall indicate the time, date and
place of sampling and methods of analysis, and shall
certify that such samplin� and analysis is
46
representative of normal work cvcles and expected
pollutant Dischar�es to the POTW.
�7. Sampling must be performed in accordance with
procedures set out herein.
� vii Compliance Certification. A statement3 reviewed
by the ��� �tUser's aAuthorized �Representative as
defined in Section 17-5.1, Division 1 of this Article and
certified by a qualified professional, indicating whether
�Pretreatment sStandards are being met on a consistent
basis1 - and, if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is
required to meet the �retreatment sStandards and
�Requirements.
g:(viii) Compliance �Schedule. If additional pretreatment .
and/or O&M will be required to meet the �Pretreatment
sStandards;�,the shortest schedule by which the ��
�User will provide such additional pretreatment and/or
O&M must be provided. The completion date in this
schedule shall not be later than the compliance date
established for the applicable �Pretreatment sStandard. A
compliance schedule pursuant to this subsection must meet
the requirements set out � in the subsequent subpart
�0)(2) of this Section 17-10.
�. ix Signature and Report
Certi rcation. All baseline monitoring reports must be
�ig��d certified in accordance with °„� �-
'���`�""�°'^��� subpart (p)(5)(a) of this Section 17-10, and
signed by an Authorized Representative as defined in
Section 17-5.1, Division 1 of this Article.
(2) Compliance Schedule Reports.
� The following conditions shall applv to the Compliance Schedule
required bythe fore oin� Section(0)(1)(a)(viii) of this Section 17-10.
a. The schedule shall contain pro�ress increments in the form
of dates for the commencement and completion of major events
leadin� to the construction and operation of additional pretreatment
required for the User to meet the applicable Pretreatment Standards
47
(such events include but are not limited to, hirin� an en�ineer,
completin��preliminary and final plans executin� contracts for
major components commencin� and completin� construction, and
be i�ing and conductin�routine operation);
b. No increment referred to above shall exceed nine (9)
months;
� c. The User shall submit a�ro reg_ss re�ort to the Director no
later than fourteen (14�ays following each date in the schedule
and the final date of compliance including, at a minimum, whether
or not the user complied with the increment of progress, the reason
for an,y delay and if appronriate, the steps bein , taken by the User
to return to the established schedule; and
d. In no event shall more than nine (9) months elapse between
such pro�ress reports to the Director.
(3) Reports on Compliance with Categorical Pretreatment Standard
Deadline.
Within ninet��90) days followin� the date for final compliance
with applicable cate�orical Pretreatment Standards, or in the case of a New
Source followin� commencement of the introduction of wastewater into
the POTW, a� User subject to such Pretreatment Standards and
ReQUirements shall submit to the Director a report containing the
information described in Subsection (0)�1)(a)(v) ("Measurement of
Pollutants") of this Section 17-10. For Users subject to equivalent mass or
concentration limits established in accordance with the procedures in
Section 17-8(d) of this Division, this report shall contain a reasonable
measure of the User's lon�-term production rate. For all other Users
subject to cate�orical Pretreatment Standards expressed in terms of
allowable pollutant dischar�e per unit of production (or other measure of
�eration , this report shall include the User's actual production durin�he
��ropriate samplin�period. All compliance reports must be signed and
certified in accordance with Subsection (p)(5)(al of this Section. All
sampling will be done in conformance with Subsection (p)(2) "Sample
collection" of this Section 17-10.
(4) Periodic Compliance Reports
a. An�permittee subject to a pretreatment standard set forth in
this Division shall submit to the Director, twice per year, unless
48
required more frequently by the discharge permit, a periodic
compliance report on forms provided or prescribed by the Director
indicatin� the nature and concentration of prohibited or re u� lated
substances in the effluent. Included in the report shall be a record
of all measured or estimated avera�e and maximum daily flows
durin� the reportin�period, computed by verifiable techniques as
required b ty he applicable discharge permit. 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.
b. Users shall be required to have a Certified Industrial
Wastewater Operator of the State of Indiana si�n all periodic
compliance reports indicatin�Lwhether pretreatment Standards and
Requirements are bein� 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, unless otherwise indicated in the User's permit. The
Director shall specify the certification class required in the User's
permit•
c. All periodic compliance reports must be si�ned and
certified in accordance with Subsection (p)(5)(a) of this Section 17-
10 and si n� ed bv an Authorized Representative as defined in
Section 17-5.1, Division 1 of this Article.
d. All wastewater samples must be representative of the User's
discharge. Wastewater monitoring and flow measurement facilities
shall be properlv operated, kept clean, and maintained in good
workin� order at all times. The failure of a User to keep its
monitorin fg_ acilit�good workin� order shall not be �rounds for
the User to claim that sample results are unrepresentative of its
dischar�e.
e. If a User subject to the reportin� requirement in this section
monitors any regulated pollutant at the appropriate samplin�
location more frequently than required by the Director, usin.�he
procedures prescribed in Subsection (�L1), "Analvtical
Requirements" and in Subsection (p)(2) "Sample Collection" of
this Section 17-10, the results of this monitoring shall be included
in the report.
49
f. A permittee mav reguest a samplin� waiver for pollutants
not present Such re�uests shall be subject to the review and
ap�roval of the Director. At a minimum, such reQUests shall
include:
� Samplin� data and other technical factors demonstrating
that the pollutant is not present in the discharge;
ii Data from �reater than one samplin� of the facility's
process wastewater prior to any treatment; and
iii A certification statement in accordance with subsection
��5)(a) of this Section and si ng ed by an Authorized
Representative as defined in Section 17-5.1, Division 1 of
this Article. The Director may also require additional
information or data. Approved requests for a samplin�
waiver for pollutants not present shall result in a
modification of the permittee's industrial wastewater
discharge permit.
(5) Reports of Changed Conditions
Each User must notifv the Director of an�gnificant chan e� s to
the User's o.perations or system which mi�ht alter the nature, qualitv, or
volume of its wastewater at least thirty(30) davs before the chan�e.
a. The Director may require the User to submit such
information as may be deemed necessarv to evaluate the chan�ed
condition includin� the submission of a wastewater discharge
permit application under Subsection (fl "Individual Wastewater
Dischar�e Permit—Contents" of this Section 17-10.
b. The Board of Public Works may issue an individual
wastewater discharge permit under Subsection (j) of this Section
17-10 or modify an existing, wastewater dischar�permit under
Subsection (1� "Permit Modification" of this Section 17-10, in
response to changed conditions or anticipated chan�ed conditions.
� Reports of Spills and Potential Problems
a. In the case of any discharge, including, but not limited to,
accidental dischar�es, dischar�es of a nonroutine, episodic nature,
SO
a noncustomary batch dischar�e a Slu�y Dischar�e or a Slu� Load,
or any unusual flows or wastes that mi�ht cause potential problems
for the POTW the User shall immediatel ��phone and notify the
Director of the incident. This notification shall include the location
of the dischar� type of waste concentration and volume, if
known and corrective actions taken bv the User.
b. Within five (5) davs followin� such dischar�;e, the User
shall unless waived by the Director submit a detailed written
report describin� the cause(s) of the dischar�e and the measures to
be taken bv the User to prevent similar future occurrences. Such
notification shall not relieve the User of an�pense, loss, damage,
or other liability which mi�ht be incurred as a result of dama�e to
the POTW natural resources or any other dama�e to person or
propert� nor shall such notification relieve the User of an f�es,
penalties or other liabilitv which may be imposed pursuant to this
Division.
c. A notice shall be permanentl�posted on the User's bulletin
board or other prominent place advisin� employees who to call in
the event of a discharge described in para�raph (a) above.
Employers shall ensure that all employees, who could cause such a
dischar�e to occur are advised of the emer�encv notification
procedure.
d. Si�nificant Industrial Users are required to noti the
Director immediately of a� chan�es at its facility affecting the
potential for a Slu�Dischar�e.
(7) Reports from Unpermitted Users
All Users not required to obtain an individual wastewater dischar�e
permit shall provide appropriate reports to the Director as the Director mav
re uire.
(8) Notice of Violation/Repeat SamplinQ and Reporting
If sam lin erformed b a User indicates a violation the User
must notify the Director within twenty-four (24) hours of becomin ag�ware
of the violation. The User shall also repeat the samplin� and analvsis and �
submit the results of the repeat analvsis to the Director within thirty (30)
days after becomin�aware of the violation.
51
(9) Notifrcation ofthe Discharge ofHazardous Waste
a. Any User who commences the dischar�e of hazardous
waste shall notifv the POTW, the EPA Re�ional Waste
Mana�ement Division Director and State hazardous waste
authorities in writin� of a� dischar�e into the POTW of a
substance which if otherwise disposed of, would be 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 dischar�e
�continuous batch or other). If the User dischar�es more than one
hundred (100) kilo�rams of such waste per calendar month to the
POTW the notification also shall contain the followin�
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 wastestream discharged
during that calendar month and an estimation of the mass of
constituents in the wastestream expected to be discharged durin�
the followin� twelve (12) months. All notifications must take
place no later than one hundred ei��(180) days after the
discharge commences. Anv notification under this par,�a raph need
be submitted only once for each hazardous waste dischar�ed.
However notifications of chan�ed conditions must be submitted
under Subsection (0)(5) "Reports of Chan�ed Conditions" of this
Section 17-10. The notification requirement in this Subsection
does not apply to pollutants already reported bv Users subiect to
categorical Pretreatment Standards under the self-monitorin�
requirements of Subsectio�o�l) "Baseline Monitoring Report;
�0)(3) Re�orts on Compliance with Pretreatment Standard
Deadlines• and (0)(4) "Periodic Compliance Reports" of this
Section 17-10.
b. Dischar�ers are exempt from the requirements of paragraph
(a) above durin� a calendar month in which thev dischar�e 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). Dischar�e of more than fifteen (15)
kilo�rams of nonacute hazardous wastes in a calendar month, or of
any quantity of acute hazardous wastes as specified in 40 CFR
261.30�) and 261.33(e), requires a one-time notification.
Subsequent months durin�Lwhich the User dischar�es more than
such quantities of any hazardous waste do not require additional
52
notification.
c. In the case of any new regulations under section 3001 of
RCRA identifying additional characteristics of hazardous waste or
listin� anv additional substance as a hazardous waste, the User
must notifv the Director the EPA Regional Waste Mana�ement
Waste Division Director, and State hazardous waste authorities of
the dischar�e of such substance within ninety (90) davs of the
effective date of such re�ulations.
d. 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 �enerated to the de r� ee it
has determined to be economicall�practical.
e. This provision does not create a ri�ht to dischar� any_
substance not otherwise permitted to be dischar eg d b�this
Division a permit issued thereunder or any applicable Federal or
State law.
�10� NotiTcation ofbatch or infrequent dischar�e
The Director may rec�uire an industrial user that dischar�es
industrial wastewater on a batch or infrequent basis to submit notification
to the Director up to 24 hours prior to dischar�e of such wastewater, in
order to allow insQection and samplin�.
� General Standards for Reports
�1,� Analytical Requirements
All pollutant analyses includin�mpling techniques, to be
submitted as part of a wastewater discharge p,ermit application or report
shall be performed in accordance with the techniques prescribed in 40
CFR Part 136 and amendments thereto, unless otherwise specified in an
ap�licable cate�orical Pretreatment Standard. If 40 CFR Part 136 does not
contain samplin� or analvtical techniques for the pollutant in question, or
where the EPA determines that the Part 136 samplin� and analvtical
techniques are inappropriate for the pollutant in question, samplin�
anal�es shall be performed b �}_usin� validated analytical methods or any
other applicable samplin� and analvtical procedures, includin�procedures
53
�»¢¢ested�the Director or other parties approved bv EPA.
�2) Sample Collection
a. Samples collected to satisf�eporting requirements must
be based on data obtained throu�h appropriate samplin� and
analysis performed durin� the period covered by the report, and be
based on data that is representative of conditions occurrin dg urin�
the reportin period.
b. Except as indicated in Sections 3 and 4 below, the User
must collect samples using 24-hour flow proportional composite
sampling�techniques unless time-proportional composite samplin�
or prab samplin� is authorized bv the Director. Where time-
pro�ortional composite sampling or �rab samplin� is authorized bv
the Director the samples must be representative of the dischar�e.
Using�protocols (including appropriate preservation) specif ed in
40 CFR Part 136 and appropriate EPA guidance, multiple grab
samples collected durin� a 24-hour period mav be composited prior
to laboratory analysis as follows: for c�anide, total phenols, and
sulfides the sam�les may be composited in the laboratorv or in the
field• for volatile or�anic compounds and oil and �rease, the
samples mav be composited in the laboratory. Grab samples mav
be required to show compliance with Instantaneous Limits.
c. Samples for oil and grease, temperature, pH, cyanide, total �
phenols sulfides and volatile or�anic compounds must be obtained
usin� �rab collection techniques.
d. For samplin i�n support of baseline monitorin� and 90-dav
compliance reports, a minimum of four (4) �rab samples must be
used for pH, cyanide, total phenols, oil and �rease, sulfide and
volatile or�anic compounds for facilities for which no historical
samplin� data are available. For Periodic Compliance Reports,
required b 1�-lOL)(4), the User is required to collect the number
of �rab samples necessary to assess and assure compliance with
ap�licable Pretreatment Standards and Requirements.
� Date o Receipt ofReports
Written reports will be deemed to have been submitted on the date
postmarked. For reports, which are not mailed, postage prepaid, into a
mail facility serviced by the United States Postal Service, the date of
54
receipt of the report shall govern If a report is due on a date that does not
fall on a normal business da t�e report shall be considered timely if it is
received on the next normal business day.
� Recordkeeping
Users subject to the reporting requirements of this ordinance shall
. retain and make available for inspection and copyin�, all records of
information obtained pursuant to any monitoring activities required b ��
ordinance any additional records of information obtained pursuant to
monitorin� activities undertaken by the User independent of such
requirements and documentation associated with Best Mana e�ment
Practices established under Section 17-8. Records shall include the date,
exact place method and time of samplin�, and the name of the person(s)
takin�the samples• the dates analyses were performed; who performed the
analyses• the analytical techniques or methods used; any information used
to demonstrate that the anal�is was performed in accordance with
methods approved in 40 CFR Part 136; and the results of such anal�s.
These records shall remain available for a period of at least three (3�Years•
This period shall be automatically extended for the duration of anv
liti�ation concernin� the User or the City, or where the User has been
specifically notified of a lon�er retention period by the Director.
� Certification Statements
a. Certification of Permit Applications and User Reports.
The followin� certification statement is required to be
signed and submitted by Users submittin�permit applications in
accordance with Subsection (fl of this Section 17-10; Users
submitting baseline monitoring reports under Subsection (0)(1) of
this Section 17-10; Users submitting reports on compliance with
the cate�orical Pretreatment Standard deadlines under Subsection
�0)(3) of this Section 17-10; Users submitting periodic compliance
reports required by Subsection (0)(4) or other required User
reports. The followin� certification statement must be si n�ed b ��an
Authorized Representative as defined in Division 1 of this Article:
"I certi , under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a svstem designed to assure that qualified
personnel properlv �ather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
svstem, or those persons directly responsible for gatherin� the
55
information the information submitted is, to the best of my
knowled�e and belief true accurate and complete. I am aware
that there are si�nificant penalties for submittin� false information,
includin��ossibility of fine and imprisonment for knowin�
violations."
b. Non-Significant Categorical Industrial User Certi�cation
The following, certification is required to be si�ned and
submitted bv Users meeting the conditions described in Section 17-
5.1. Division 1 of this Article. This certification statement shall be
submitted with Non-Significant Cate�orical Industrial User Reports
and must be si�ned by an Authorized Representative as defined in
Division 1 of this article:
"Based on mv in�uiry of the person or persons directly responsible
for managin� compliance with the cate�orical Pretreatment
Standards under 40 CFR I certifv that, to the best of mv
knowledge and belief that durin��the period from to
[month, da� e�}�ar1;
�a) The facility described as met the definition of
a non-significant cate�orical Industrial User as described in
403.3(v)(2);
�b) The facilit�plied with all applicable Pretreatment
Standards and requirements durin�this reportin�period; and
�) The facility never dischar�ed more than 100 gallons of total
categorical wastewater on any �iven day durin� this reportin�
period. This compliance certification is based upon the followin�
information:
. . �
�}� Confidenttal�Informatron:
!1\ T (�T.`TJ D.�.�4 '1 4� 4;...+ 1..+�it4n�1_4.� 4L.
rrJ--rn-aEE6��3Ee-�iF��-4-0- � •,,,�vnznrcrorrsc�orrricr�cr-ro-cri@
(`i4:�.t�,�pip��4 L... .�1 •^4 � �ttit��c—=��civiz��-znu�va°.
�'rc'�i� "Y
�2�-s�S-G6�2�E`�2��tm,—��.ivinz�� «. A,,.. � ...1, ,.1.,;,,, ,,, ,�+l�o � �o,�+�u
.,r +1, ♦' „�� 1, ., +1, r;l.o a ,,,, +1,o ., ..1:,..,r;.,,, f,�„,
„�+,.,,,.+:.,,,� ., ♦l,o ,. „f„+l,o,. �„1.,,,;��;,,.,� 1�.. �r.,,,,..:.,,. +t,o . .,r�� .
� .'«� ' �
n t;.,l l, 4:, +;�,,,�� 1� ,,;,��. ����h
E6��@Hc�ai13°c��—iinvrinuavri—vn �CZr--pisg^�6
56
T� 1 .l + +L, +' fs h �L,o v;+
� ��}'e� , ui��ivia� �a•v .�) ...:�J
�{�C3TL`7TII�C7IIIIY�CiQ11"A'V'CiIICLVIG'CO 4—T L�UII'��;•iliTir��i4 �� L'1�I�V�LICC—YY
f
.a,,,-o� ;., n!1 (`�`A D.,,-t 7 li�ul,l;.. T.,�r,ti,.,4:..,,\
vri i..i�.............�.
�(l � .7 4 1� il L. .7 ;l.�l�.l0 4.�41.e ,l�.l� »41�n��i iv°�+:i.'�.*:."....
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.
•n n �l `l�y� J11tL11
\-/ _-__ ______ - - __—__--____ '... ._ _, lJt
•i t,i + ��, t,i• � i + + .�.o o.,�o.,� � ,:aoa �,., n!1 (-'�`D �„�u,.,..,,.�,
.�--°--- -- ---= r------ --- ----- -- -.._ _. .. a'• � ... .
�.�
Information and data on a User obtained from reports, surve �}�s,
wastewater dischar�e permit applications, individual wastewater dischar�e
permits and monitorin� pro�rams, and from the Director's inspection and
sampling activities shall be available to the public without restriction,
unless the User specificall�c�uests, and is able to demonstrate to the
satisfaction of the Director, that the release of such information would
divul�e information processes or methods of production entitled to
protection as trade secrets under the Indiana Access to Public Records Act
(I.C. 5-14-3-4(a)(4)). Any such reQUest must be asserted at the time of
submission of the information or data. When requested and demonstrated
� the User furnishin� a report that such information should be held
confidential the portions of a report which might disclose trade secrets or
secret �rocesses shall not be made available for inspection b�public,
but shall be made available immediatel�pon request to governmental
a�encies for uses related to the NPDES pro ra� or pretreatment pro rg am,
and in enforcement proceedin�s involving the person furnishin t�port.
Wastewater constituents and characteristics and other effluent data, as
defined at 40 CFR 2302 shall not be reco�nized as confidential
information and shall be available to the public without restriction.
(�� Board o�'Works powers. If any waters or wastes are discharged, or are
proposed to be discharged, to the public sewers, which waters contain the
substances or possess the characteristics enumerated in this aArticle, and which in
the judgment of the Board may have a deleterious effect upon the sewage works,
processes, equipment or receiving waters, or otherwise create a hazard to life or
constitute a public nuisance, the Board may do any of the followin�:
(1) Require new ���tts�es users or ��es users with significant
increase in discharges to submit information on waste water characteristics
and obtain prior approval for discharges. For purposes of this requirement,
57
flow increases of twenty (20) percent or greater, or the discharge of any
previously unreported pollutants shall be deemed significant.
(2) Reject the wastes in whole or in part for any reason deemed
appropriate by the City.
(3) Require pretreatment of such wastes to within the limits of normal
domestic sewage as defined.
(4) Require control of flow equalization of such wastes so as to avoid
any "slug" loads or excessive loads that may be harmful to the treatment
works.
(5) 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 and treating such wastes. If the Board permits the
pretreatment or equalization of waste flows, the design and installation of
the plant and equipment shall be subject to the review and approval of the
Board and subject to the requirements of all applicable codes, ordinances
and laws.
Board action under Subsections 2 3 4 & S above shall be subject to judicial
review as per Section 17-11(d) of this Division.
(�-}� ���Publication of Users in �Significant�ia�a�Noncompliance..
The Director shall publish annually, in t�,���R=�=� a newspaper of
general circulation that provides meanin�ful public notice within the iurisdiction
served bv "'�""''°'' ;" +''° "' ""';+<, "r''°=9 the POTW i-s-lee-a�e�, a list of the
��st��Users which, at any time during the previous twelve (12) months, were
in sSignificant �Noncompliance with applicable �Pretreatment sStandards and
�Requirements. The term sSignificant �Noncompliance shall be �plicable to all
Significant Industrial Users (or any other Industrial User that violates paragraphs
�3), �4), or(81 of this Subsection) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six {�}percent 66% or more of���s�e� all the
measurements ..,',°„ a „*�, ~ „a ° °°a-*�,° ,�°;'_•-,,,.,.,:""„"
zii uaaa
';m;* �r ��,°r�^° '�m;+ for the same pollutant parameter taken durin� a six
(6) month period exceed (by any ma ni�de) a numeric Pretreatment
Standard or Requirement, includin� Instantaneous Limits. �ro�.
(2) Technical Review Criteria (TRC) violations, defined here as those in
58
which thirty-three (�-3-} percent 33% or more of wastewater
measurements taken for each pollutant parameter during a six-� month
period equals or exceeds the product of �e a numeric Pretreatment
Standard or Requirement includin� Instantaneous Limits, as defined in
Division 1, Section 17-5.1 of this Article �' '' '�m�+ -*�'
R° ';m;+ multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH).
(3) Any other a;°"� violation of a Pretreatment Standard or
Requirement as defined in Division 1 Section 17-5.1 of this Article (Daily
Maximum lone`term avera�e Instantaneous Limit, or narrative standard)
that the Director �es determines has caused, alone or in combination
with other discharges, } Interference or �Pass �Through (including
endangering the health of��t POTW personnel or the general public).
(4) Any discharge of a pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the C�t�}=s Director's
exercise of �s his or her emergency authority to halt or prevent such a
discharge.
(5) Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance.
(6) Failure to provide within thirty (30) days after the due date, any
required reports, including baseline monitoring reports, ��„°'�� f°�` �'°__
sa��e reports on compliance with cate�orical Pretreatment Standard
deadlines,periodic self monitoring reports, and reports on compliance with
compliance schedules.
(7) Failure to accurately report noncompliance.-; or
(8) Any other violations(s), which may include a violation of Best
Mana�ement Practices, which the Director determines will adversely
affect the operation or implementation of the local pretreatment program.
�
•rt.o r�;,. ,.+„ ,.ao „t,;,.t, _�,.�.�„t,-��,��to.. +„
�
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59
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�}� False information
Any person who makes any false statement, representation or certification
in any application, record, report, plan or other document filed or required to be
maintained pursuant to this division, or who falsifies, tampers with, or renders
inaccurate any monitoring device or method required under this division, may be
assessed a civil penalty of not more than two thousand five hundred dollars
($2,500.00).
(�}� �� Users required to file reports
All �����Users subject to Federal Categorical Pretreatment Standards
will be required to file all reports as described in 40 CFR 403, which is
incorporated herein by reference, including amendments that may hereafter be
made as the same are published in the Code of Federal Regulations. These reports
shall include, but not be limited to, baseline monitoring reports, compliance
schedule reports, compliance date reports and periodic compliance reports.
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64
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(��Compliance Schedule Reports
Compliance schedule reports must be submitted by any nonresidential
discharger not subject to categorical standards who is not in compliance with the
terms and conditions of this division.
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65
o�.on v. ..r�ar� �..�n�ir_
� BYpass
� For the pumoses of this Section,
� B�pass means the intentional diversion of wastestreams
from an�portion of a User's treatment facility.
� Severe propertv dama�e means substantial physical dama�e
to property damag�e to the treatment facilities which causes them to
become inoperable or substantial and permanent loss of natural
resources which can reasonablv be expected to occur in the absence
of a bypass Severe pro�erty dama�e does not mean economic loss
caused b�delays in production.
� A User may allow an� bypass to occur which does not cause
Pretreatment Standards or Requirements to be violated, but only if it also
is for essential maintenance to assure efficient operation. These bvpasses
are not subiect to the provisions of para raphs (3) and�4) of this Section.
� Bvpass Notifications
� If a User knows in advance of the need for a bypass, it shall
submit prior notice to the Director at least ten (10) davs before the
date of the bypass, if possible.
� A User shall submit oral notice to the Director of an
unanticipated �pass that exceeds applicable Pretreatment
Standards within twent -fy our (24) hours from the time it becomes
aware of the bxpass. A written submission shall also be provided
within five (5) days of the time the User becomes aware of the
b�pass. The written submission shall contain a description of the
�� bvpass and its cause• the duration of the bypass, includin exact
dates and times and if the bvpass has not been corrected, the
anticipated time it is ex�ected to continue; and steps taken or
planned to reduce eliminate and vrevent reoccurrence of the
�pass. The Director may waive the written report on a case-by-
case basis if the oral report has been received within twenty-four
24 hours.
� �pass Prohibition
� B_ypass is prohibited, and the Director may take an
66
enforcement action against a User for a bypass, unless
i. Bypass was unavoidable to prevent loss of life, personal
iniury, or severe property dama�e;
ii. There were no feasible alternatives to the bypass, such
as the use of auxiliary treatment facilities, retention of
untreated wastes or maintenance durin� normal periods of
eQUipment downtime. This condition is not satisfied if
adequate back-up ec�uipment should have been installed in
the exercise of reasonable en in�g,_judgment to prevent
a bypass which occurred durin� normal periods of
equipment downtime or preventive maintenance; and;
iii. The User submitted notices as required under
foregoin� Subsection(3) of this section.
� The Director ma�pprove an anticipated bypass, after
considerin� its adverse effects, if the Director determines that it
will meet the three conditions listed in para�ph (dl(1) of this
Section 17-14.
� Upset
� For the purposes of this Section, upset means an exceptional
incident in which there is unintentional and temporary noncompliance with
cate�orical Pretreatment Standards because of factors bevond the
reasonable control of the User. An upset does not include noncompliance
to the extent caused by operational error, improperl�gned treatment
facilities inadequate treatment facilities, lace of preventive maintenance,
or careless or improper operation.
� An u set shall constitute an affirmative defense to an action
brou ht for noncompliance with cate�orical Pretreatment Standards if the
requirements of para raph (c), below, are met.
� A User who wishes to establish the affirmative defense of upset
shall demonstrate, through properl�i�ned, contemporaneous operatin�
lo�s, or other relevant evidence that:
� An upset occurred and the User can identify the cause(sL
the upset;
67
' � The facilitv was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation
and maintenance procedures; and
� The User has submitted the followin� information to the
Director within twentv-four (24) hours of becomin� aware of the
�set if this information is provided orally, a written submission
must be�rovided within five (5 davs);
(i) A description of the indirect dischar�e and cause of
noncom�liance;
�ii) The period of noncompliance, including exact dates
and times or if not corrected, the anticipated time the
noncompliance is expected to continue; and
�iii) Steps bein� taken and/or planned to reduce, eliminate,
and prevent recurrence of the noncompliance.
� In any enforcement proceedin� the User seekin� to establish the
occurrence of an upset shall have the burden of proof. '
� Users shall have the o�portunit f�judicial determination on anv claim
of upset only in an enforcement action brought for noncompliance with
cate�orical Pretreatment Standards.
� Users shall control production of all dischar�es to the extent necessarv to
maintain compliance with cate�orical Pretreatment Standards upon reduction,
loss or failure of its treatment facility until the facilitv is restored or an alternative
method of treatment is provided. This requirement applies in the situation where,
among other thin� the primarv source of power of the treatment facilitv is
reduced, lost or fails.
SECTION VII. Chapter 17, Article 2, Division 3, Section 17-11 of the South Bend
Municipal Code shall be amended to read in its entirety as follows:
Sec. 17-11. . Administrative
Enforcement Remedies, Costs, Fees, Director Reconsideration, User Appeals, Judicial
Review.
. ,
68
� •
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� Administrative Enforcement Remedies.
� Letter o Violation
When the Director finds that a User has violated, or continues to violate,
anv provision of this ordinance an individual wastewater dischar�e
permit or order issued hereunder or any other Pretreatment Standard or
Requirement the Director may serve upon that User a written Letter of
Violation Within fourteen (14) days of the receipt of such letter, an
explanation of the violation and a plan for the satisfactorv correction and
prevention thereof to include specific re�uired actions shall be submitted
by the User to the Director. Submission of such a plan in no wav relieves
the User of liability for anv violations occurrin� before or after receipt of
the Letter of Violation. Nothing in this Section shall limit the authoritv of
the Director to take any action includin� emergency actions or an o� ther
enforcement action without first issuin� a Letter of Violation.
� Consent Orders
The Director may enter into consent Orders assurances of compliance, or
other similar documents establishin� an a�reement with anv User
responsible for noncompliance Such documents shall include specific
action to be taken bv 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 compliance orders and cease and
desist orders issued pursuant to Subsections (d) and (e) of this Section and
shall be judicially enforceable.
� Show Cause Hearin�
The Director may order a User which has violated, or continues to violate,
an�provision of this ordinance, an individual wastewater discharge
permit or order issued hereunder or anv 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 specifyin� the time and�lace for the meetin ,� the proposed
enforcement action the reasons for such action, and a request that the User
69
show cause why the proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by re�istered or
certified mail (return rece�t requested�at least ten (10) days prior to the
hearin� Such notice may be served on any Authorized Representative of
the User as defined in Division 1, Section 17-5.1 of this Article and
required by Subsection (,�)(5) "Si�natories and Certifications" of Section
17-10 of this Division 3. A show cause hearin� shall not be a bar a�ainst,
or prerequisite for, takin� any other action a�ainst the User.
� Compliance Orders
When the Director finds that a User has violated, or continues to violate,
an�provision of this ordinance an individual wastewater dischar�e
permit or order issued hereunder or anv other Pretreatment Standard or
Requirement the Director may issue an order to the User responsible for
the dischar�e directin� that the User come into compliance within a
specified time If the User does not come into com�liance within the time
provided sewer service m� be discontinued unless adequate treatment
facilities devices or other related appurtenances are installed and properlv
�erated Compliance orders also may contain other requirements to
, address the noncompliance includin� additional self-monitorin� and
mana e�ment practices desi�ned to minimize the amount of pollutants
discharged to the sewer. A compliance order mav not extend the deadline
for compliance established for a Pretreatment Standard or Requirement,
nor does a compliance order relieve the User of liabilit f�anv violation,
including any continuin� violation. Issuance of a compliance order shall
not be a bar a�ainst or a prerequisite for, taking any other action a�ainst
the User.
� Cease and Desist Orders
When the Director finds that a User has violated, or continues to violate,
an�provision of this ordinance an individual wastewater dischar�e
permit or order issued hereunder, or anv other Pretreatment Standard or
Requirement, or that the User's past violations are likely to recur, the
Director may issue an order to the User directin� it to cease and desist all
such violations and directing the User to:
� Immediately complv with all requirements; and
ii Take such appropriate remedial or preventive action as may be
needed to properly address a continuin� or threatened violation,
including haltin�perations and/or terminatin� the discharge.
70
Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for takin� anv other action a�ainst the User.
� Emergencv Suspensions
The Director may immediately suspend a User's dischar�e, after informal
notice to the User whenever such suspension is necessary to stop an actual
or threatened dischar�e which reasonabl�ppears to present, or cause an
imminent or substantial endan�erment to the health or welfare of nersons.
The Director may also immediatel�pend a User's dischar�e, after
notice and opportunitv to respond that threatens to interfere with the
�eration of the POTW or which present or mav present, an
endan�erment to the environment.
� Any User notified of a suspension of its dischar�e shall
immediately stop or eliminate its contribution. In the event of a
User's failure to immediatel�complv voluntarily with the
suspension order the Director mav take such steps as deemed
necessarv includin� immediate severance of the sewer connection,
to prevent or minimize dama�e to the POTW its receivin� stream,
or endan�erment to any individuals. The Director may allow the
User to recommence its dischar�e when the User has demonstrated
to the satisfaction of the Director that the period of endan eg rment
has passed unless the termination proceedin�s of subsequent
paragra�h (h) of this Section 17-11 are initiated a�ainst the User.
ii A User that is responsible, in whole or in part, for any
dischar�e presentin� imminent endangerment shall submit a
detailed written statement, describinp the causes of the harmful
contribution and the measures taken to prevent anv future
occurrence, to the Director prior to the date of any show cause or
termination hearin u�der paragrap�c) or h) of this Section 17-
11.
Nothing in this Section shall be interpreted as requirin� a hearin� prior to
any Emer e�ncy Suspension under this Section.
�7,� Termination of Discharge
In addition to the provisions in Subsection (n)(4) "Revocation of Permits"
of this Section 17-10, anv User who violates the followin� conditions is
subject to dischar�e termination:
71
� Violation of individual wastewater dischar�e permit conditions;
" ii Failure to accurately report the wastewater constituents and
characteristics of its dischar�e;
iii Failure to report si�nificant changes in operations or
wastewater volume constituents and characteristics prior to
dischar�
iv Refusal of reasonable access to the User's premises for the
purpose of inspection monitorin�, or samplin�; or
� Violation of the Pretreatment Standards in Section 17-8 of this
Article.
Such User will be notified of the proposed termination of its dischar�e and
be offered an opportunity to show cause under this Section 17-11(c) why
the�roposed action should not be taken. Exercise of this option bv the
Director shall not be a bar to or a�rerequisite for taking any other action
against the User.
� Costs
Any User who violates any of the provisions of this Division or who
discharges or causes a discharge producin� a deposit or obstruction, or causes
dama�e to or impairs the wastewater treatment and collection system (includin�
all receiving svstems) under the jurisdiction of the Cit shall be liable to the Citv
for any_ exQense loss or damage caused bv such violation or dischar�e. The
DirectorT shall bill the User for the costs incurred for any cleanin� repair or
replacement work caused bv the violation or dischar�e.
� Administrative Fees
� When the Director finds that a User has violated, or continues to
violate an�provision of this ordinance, an individual wastewater
dischar �permit or order issued hereunder, or anv other Pretreatment
Standard or Requirements the Director mav fine such User in an amount
not to exceed two thousand five hundred dollars ($2,500.00). Such fines
shall be assessed on a per-violation, per-day basis. In the case of monthly
or other lon�-term average discharge limits, fines shall be assessed for
each day durin��the period of violation.
72
�2,� Users desirin� to dispute such fines must file a written request for the
Director to reconsider the fine alon� with full pavment of the fine amount
within ten (10) days of bein� notified of the fine. Where a reQUest has
merit the Director may convene a hearin� on the matter. In the event the
User's appeal is successful the �avment shall be returned to the User. The
Director mav add the costs of preparin� administrative enforcement
actions such as notices and orders, to the fine.
� Issuance of an administrative fine shall not be a bar a�ainst, or a
prerequisite for taking any other action a�ainst the User.
� Director Reconsideration and User Administrative Appeals
� Actions Subject to Director Reconsideration and/or Board of Works
Appeal Any User aggrieved by a final action dele�ated to the Director
under:
� Section 17-10(a)(2) requirin� a User to restrict the volume
or point of dischar�e;
� Section 17-10(a)(3) requirin� a User to install a storage or
flow-control facilitv;
� Section 17-10(a)(2) den in a permit transfer; or
� Section 17-10(n)(4) revoking a permit.
�) This Section 17-11 subsection (a), issuin� any authorized
Administrative Enforcement Remedv.
ma�quest reconsideration by the Director within fifteen (15)
davs of such Director action and the Director shall have thirt�30)
davs from receipt of request to make a decision related to
reconsideration. If the Director fails to act within thirt�(30) days
from receipt of the request, or if the Director's reconsideration
decision is unsatisfactory to the User requesting reconsideration,
the User mav appeal such decision to the Board of Public Works
upon submission of a written petition for review filed with the
Board of Public Works within seven (7) days after_notification of
the Director's decision, or if the Director fails to act, then the
written Qetition for review shall be filed with the Board of Public
Works thirty-five (35�ys the date of request for Director
reconsideration.
73
� Filin�Re�uirements and Procedure
� A request for Director reconsideration and a petition for
appeal filed under the foregoin� provision must identif� the
specific action or condition to which objection is made, the le�al
and factual basis for the objection, attachin� any documents
su�portin t�he objector's position and the alternative condition or
result, if anv,that the ob�ector desires.
� A request for Director reconsideration and a petition for
ap�eal shall be deemed timelv filed if delivered in person to the
Director's office in the case of a re�uest for reconsideration or the
Board's office in the case of petition for appeal, or by electronic
transmission• or if sent by mail it is post-marked on or before the
fifteenth 15`") da�
� If the Board fails to hold a hearing on a petition for appeal
within thirt��30) days or to render a decision within sixty (60)
days after the filing of the petition, the petition shall be deemed
denied.
� Judicial Review
Anv person aggrieved by a final action of the Board of Public Works
under:
�1) Section 17-10(d)(1) approvin� or denying an application for an
individual wastewater discharge permit, includin�y condition�
obli�ation or limitation imposed by a permit under Section 17-10 or this
Section 17-11;
,�2) Section 17-10(1 modifyin�a permit or condition thereof;
�3) Section 17-10(rL), (3), L) or (� rejectin� wastes in whole or in part,
requirin�pretreatment of such wastes, requirin� flow equalization,
requirin� a surchar�e, or disa�provin�the desi ng of any pretreatment plant
or ecLuipment; or
�4) Subsection (c�(1) of this Section 17-11.
Shall be subject to judicial review by the filing of a complaint for review
of final a e�nCy action with the St. Joseph County, Indiana Superior or
Circuit Court.
74
SECTION VIII. The present version of Chapter 17, Division 3, Section 17-12 of the
South Bend Municipal Code is renumbered as Section 17-16 inserted hereafter. Section 17-12 is
now be amended to read in its entirety as follows:
Sec. 17-12. Judicial Enforcement Remedies
,� Iniunctive Relief
When the Director finds that a User has violated, or continues to violate,
an�provision of this ordinance an individual wastewater dischar�e permit, or
order issued hereunder or anv other Pretreatment Standard or Requirement, the
Director ma�petition the St. Joseph Superior or Circuit Court for the issuance of a
temporary or permanent injunction as appropriate which restrains or compels the
specific performance of the individual wastewater discharge permit, or other
requirement imposed bv this ordinance on activities of the User. The Director
ma also seek such other action as is a ro riate for le al and/or e uitable relief
includin�quirement for the User to conduct environmental remediation. A
petition for injunctive relief shall not be a bar against or a prerequisite for, takin�
any other action a�ainst a User.
� Civil Penalties
�1,� A User who has violated or continues to violate, an�provision of this
ordinance an individual wastewater discharge permit, or order issued
hereunder or any other Pretreatment Standard or Requirement shall be
liable to the City for a maximum civil penalty of Two Thousand five
Hundred Dollars ($2 500.00) per violation, per day. In the case of a
monthly or other lon�-term avera�e discharge limit, penalties shall accrue
for each da.�in�the period of the violation.
� The Director may recover reasonable attorneys' fees, court costs, and
other expenses associated with enforcement activities, including samplin�
and monitorin� expenses, and the cost of any actual dama�Ls incurred bv
the Citv.
� In determinin� the amount of civil liability, the Court shall take into
account all relevant circumstances, includin�, but not limited to, the extent
of harm caused bv the violation, the ma�nitude and duration of the
violation, an,�i economic benefit �ained through the User's violation,
corrective actions by the User, the compliance historv of the User, and anv
other factor as justice requires.
75
� Filin� a suit for civil�enalties shall not be a bar a�ainst, or a
prerequisite for, takin� any other action against a User.
� Remedies Nonexclusive
The remedies provided for in this Division are not exclusive. The Director
may take any all or anv combination of these actions against a noncompliant
User. Enforcement of pretreatment violations will e�nerallv be in accordance
with the Citv's enforcement response �uide. However, the Director mav take
other action a�ainst any User when the circumstances warrant. Further, the
Director is empowered to take more than one enforcement action a�ainst any
noncompliant User.
SECTION IX. The present version of Chapter 17, Division 3, Section 17-13 of the
South Bend Municipal Code is renumbered as Section 17-6 inserted hereafter. Chapter 17,
Division 3, Section 17-13 of the South Bend Municipal Code shall be amended to read in its
entirety as follows:
Sec. 17-13. Supplemental Enforcement Action
� Penalties for Late Reports
A penalty of two hundred fifty dollars ($250.00 may be assessed to any
User for each day that a report required bv this Division, a report required b�a
permit or order issued hereunder is late. Actions taken by the Director to collect
late reportin��penalties shall not limit the Director's authority to initiate other
enforcement actions that mav include penalties for late reportin�violations.
� Performance Bonds
The Director may decline to issue or reissue an individual wastewater
� dischar�e permit to any User who has failed to complv with an�provision of this
Division, a previous individual wastewater dischar�permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, unless such User
first files a satisfactorv bond, payable to the City, in a sum not to exceed a value
determined by the Director to be necessary to achieve consistent compliance.
� Liabilitv Insurance
The Director may decline to issue or reissue an individual wastewater
discharge to anv User who has failed to complv with anv provision of this
Division, a previous individual wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, unless the User
76
first submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its dischar�e.
� Denial or Non-Renewal o Permit
The Director may decline to issue or reissue an individual wastewater
dischar�e permit to any User who has failed to pav any outstandin� fees fines or
penalties incurred as a result of any provision of this Division, a previous
individual wastewater discharge permit, or order issued hereunder.
� Water Supplv Severance
Whenever a User has violated or continues to violate anv provision of this
Division or violates an individual wastewater discharge permit, or order issued
hereunder or anv other Pretreatment Standard or Requirement, water service to
the User rnay be severed. Service will recommence, at the User's expense, onlv
after the User has satisfactorily demonstrated its abilitv to comply.
�f Public Nuisances
A violation of anv provision of this Division, or a violation of an
individual wastewater discharge permit or order issued hereunder, or any other
Pretreatment Standard or Requirement is hereby declared a public nuisance, and
shall be subiect to the provisions of The South Bend Municipal Code governin�
such nuisances includin�reimbursing the Citv for any costs incurred in removin�,
abatin�, or remed�� said nuisance.
� Administrative Appeal.
Appeal of Director action under subparts a) through(d) of this Section 17-
13 is subject to the terms of Section 17-11(c) of this Division speci in�,Directar
reconsideration and/ or administrative appeal. Appeal of a termination of water
service under subpart L) of this Section shall be subject to judicial review under
Section 17-11�d) of this Division.
SECTION X. Chapter 17, Division 3, Section 17-14 of the South Bend Municipal Code
is deleted in its entirety, and Section 17-15 is renumbered and repositioned as Section 17-17 and
Section 17-14 shall now be amended to read in its entirety as follows:
Sec. 17-14. . Pretreatment Char�es and Fees
, �
. ,
77
1
. �
e,7 +,. +l,o , �r+l,o ,,,,+;,,., „�+L.o r;r.,
The City ma�pt reasonable fees for reimbursement of costs of setting up and
operatin�the City's Pretreatment Program, which ma�include:
� Fees for wastewater dischar�e permit applications including the cost of
,processin sg uch applications;
� Fees for monitorin�spection, and surveillance procedures includin�the
cost of collection and analyzin� a User's discharge, and reviewin� monitorin�
reports and certification statements submitted bv Users. All Users shall incur a
minimum fee of one hundred dollars ($100.00) for sample collection activities
performed bv Cit�personnel;
� Fees for reviewing and respondin� to accidental dischar�procedures and
construction•
� Fees for filing appeals;
� Fees to recover administrative and legal costs (not included in the above
Subsection L) of this Section 17-15)associated with the enforcement activity
taken bv the Director to address IU noncompliance; and
�f Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solelv to the matters covered by this ordinance
and are separate from all other fees, fines, and penalties char ea�bv the Cit�
If an�provision of this ordinance is invalidated bv any court of competent jurisdiction,
the remainin�,_provisions shall not be affected and shall continue in full force and effect.
SECTION XI. Chapter 17, Division 3, existing Sections 17-12 and 17-13 of the South Bend
Municipal Code are now combined and renumbered as Section 17-16, and this combined Section
17-16 is now amended to read in its entirety as follows:
Sec. 17-1�6. ���e Cooling waters.
� Unpolluted coolinQ waters
Unpolluted water from air conditions, cooling, condensing systems or swimming pools
shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by
the City. Where a storm sewer is not available, discharge may be to a natural outlet approved by
the City Engineer and by the State of Indiana. Where a storm sewer, combined sewer or natural
78
sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending
written approval by the City Engineer.
c�..�vcc—i-�r�'�r�.n
(b) Polluted cooling waters.
Industrial cooling water, which may be polluted with insoluble oil or grease or suspended
solids, shall be pretreated for removal of pollutants and the resultant clear water shall be
discharged in accordance with the above section.
SECTION XII. Chapter 17, Division 3, Section 17-15 of the South Bend Municipal Code is
renumbered as Section 17-17. Former Sections 17-16 and 17-7 are deleted and the title heading
of Section 17-18 is amended, all of which changes shall be as follows:
Sec. 17-1�7. Industrial wastewater sampling.
The strength of wastewaters shall be determined, for periodic establishment of charges
provided for in the sewer rate ordinance, from samplings taken at the aforementioned structure at
any period of time and of such duration and in such manner as the City may elect, or at any place
mutually agreed upon between the user and the City. Appropriate charges for sampling and
analysis may be assessed to the user at the option of the City. The results of routine sampling
and analysis by the user may also be used for determination of charges after verification by the
City.
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Sec. 17-18. Protection from damage; arrest for violation.
No unauthorized person shall maliciously, willfully or recklessly break, damage, uncover,
deface or tamper with any structure, appurtenance or equipment which is part of the municipal
sewage works. Any person violating this provision shall be subject to immediate arrest.
SECTION XIII. The existing versions of Chapter 17, Division 3, Section 17-19 and Section
19.1 of the South Bend Municipal Code have been moved and renumbered as Section 17-9
pursuant to Section V of this Ordinance. Former Section 17-9 is moved and now recodified as
Section 17-19 which follows. Section 17-19.2 of the South Bend Municipal Code is deleted
because it is covered elsewhere in this Ordinance. Section 17-19.1 is recodified and combined
with existing Section 17-19, which is now amended to read in its entirety as follows:
Sec. 17-19. Discharges into sanitary sewer prohibited.
(a) No person shall place, deposit or permit to be deposited in any unsanitary
manner on public or private property within the City or in any area under the
jurisdiction of said City, any human excrement, garbage or other objectionable
waste.
(b) No person shall discharge or cause to be discharged to any sanitary sewer,
either directly or indirectly, storm water, surface water, ground water, roof runoff,
. subsurface drainage, cooling water, unpolluted water or unpolluted industrial
water.
(c) Storm water, surface water, ground water, roof runoff, subsurface drainage,
cooling water, unpolluted water or unpolluted industrial process water may be
admitted to storm sewers which have adequate capacity for their accommodation.
No person shall use such sewers, however, without the specific permission of the
City.
(d) No new connection shall be made unless there is capacity available to all
downstream sewers, lift stations, force mains and the sewage treatment plant,
including capacity for BOD and S.S.
(e) No person shall place, deposit or permit to be deposited in any unsanitary
manner on public or private property within the jurisdiction of the City, any
wastewater or other polluted water except where suitable treatment has been
provided in accordance with provisions of this article and the NPDES permit.
(fl No person shall discharge or cause to be discharged to any natural outlet any
80
wastewater or other polluted water except where suitable treatment has been
provided in accordance with provisions of this article and a NPDES permit.
(g) Except as hereinafter provided, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool, or other facility intended or used for
the disposal of sewage.
(h) The owner of all houses, buildings or properties used for human occupancy,
employment, recreation or other purposes, situated within the City and abutting on
any street, alley or right-of-way in which there is now located a public sanitary or
combined sewer of the City is hereby required at his expense to install suitable
toilet facilities therein, and to connect such facilities directly with the proper
public sewer in accordance with the provisions of this ordinance, within ninety
(90) days after date of official notice to do so, provided that said public sewer is
within three hundred (300) feet of the praperty line.
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SECTION XIV. Chapter 17, Article 2, Division 4, Section 17-27.1 of the South Bend
Municipal Code is hereby deleted because its substance is covered by Code Chapter 17, Article
2, Division 3, Section 17-10(d).
SECTION XV. Chapter 17, Article 2, Division 6, of the South Bend Municipal Code
shall be amended to read in its entirety as follows:
DIVISION 6. p�r'nv�vv n� �nc�r�� D�T�TAT TTRQ� SEVERABILITY, CONFLICT
�c��-�ee�e�er3�efee�st�:
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81
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Sec. 17-34 32. Construction of�Article.
No statement contained in this aArticle shall be construed as being amendatory to or
taking precedence over the provisions of this Code fixing the schedule of rates and charges to be
collected by the City from the owners of property served by the wastewater collection and
treatment system.
Sec. 17-3-5 33. Severability and conflicts.
(a) If any provision, paragraph, work, section or chapter of this aArticle is
invalidated by a court of competent jurisdiction, the remaining provisions,
paragraphs, works, sections, and chapters shall not be affected and shall continue
in full force and effect.
(b) All other CitX Code provisions, ordinances and parts of other ordinances
inconsistent or conflicting with any part of this �Article are hereby repealed to the
extent of such inconsistency or conflict.
Secs. 17-3b 34-17-38. Reserved
SECTION XVI.—This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
82
\
Member of the ommon Council
Attest:
City erk
Presented by me to the Mayor of the City of South Bend, Indiana on the�day of
�u ,,,� , 20« , at l��?� o'clock_�.m.
, � �Y,
C' y Clerk �✓��
,/�� �•-K-�. 2 o i�
Approved and signed by me on the l`�' day of , ,
at �'� o'clock, m.
�
���
Mayor, City o outh Bend, Indiana
File�i in CB����,��;�����s
�
r��Y �, � 9
�- � ��� r ZC111
1 st READING 83 �
PUBLIC HEARING�—(3—(� JOHP11lQ�'j���
3 rd READING C�7Y CLEiRi�,SGUTH B�dd,fl�e1y �
NOT APpROVED�'l 3—t�
REFERRER
PASSF,fJ, �-1_3-1�