HomeMy WebLinkAbout8409-93 Amending Articles 1 & 2 of Chapter 17 Pretreatment Requirements the Public Sewers ORDINANCE No. 8409-93
Passed by the Common Council of the City of South Bend, Indiana_
August- , Iq 93
Attest: City Clerk
IRENE K. GAMMON
Attest: `—� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
August 24, iq 93
City Clerk
IRENE K. GAMMON
Approved and signed by me
Mayor
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ORDINANCE NO. 8 0 9-9.9
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ARTICLES 1 AND 2 OF CHAPTER 17
OF THE MUNICIPAL CODE RELATING TO PRETREATMENT
REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend portions of Articles
1 and 2 of Chapter 17 of the Municipal Code to bring the City' s
sewage pretreatment requirements into compliance with current
federal pretreatment regulations . This ordinance incorporates
recent revisions in the federal regulations, and is in response to
suggestions made in a federally funded review of our current
ordinance requirements .
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana, as follows :
SECTION I . Section 17-3 of Article 1, Chapter 17 of the South
Bend Municipal Code is amended to read as follows :
Sec. 17-3 . Application of City Engineering Standards and One- and
Two-Family Dwelling Code by reference.
The South Bend Engineering Standards and the One- and Two-
Family Dwelling Code, together with any and all amendments and
supplements thereto, adopted in sections 18-1 and 6 76-5
respectively, are incorporated herein by reference thereto and shall
be applicable to this chapter.
SECTION II . Division 1 of Article 2, Chapter 17 of the South
_ Bend Municipal Code is amended to read as follows :
ARTICLE 2 . SEWERS
DIVISION 1 . DEFINITIONS
Sec. 17-5 . Definitions .
As used in this article:
ACT (or "THE ACT") shall mean the Federal Water Pollution
Control Act, also know as the Clean Water Act, as amended, 33 U.S .C.
1251, et seq .
AMMONIA (or NH3-N) shall mean the same as Ammonia Nitrogen
measured as Nitrogen. The laboratory determinations shall be made
in accordance with procedures set forth in "Standard Methods" as
defined in this article.
BIOCHEMICAL OXYGEN DEMAND (or BOD) of sewage, sewage effluent,
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Board of Public Works or duly authorized officials or Boards acting
in its behalf.
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.
(a) Building Drain [Sanitary] - A building drain which
conveys sanitary or industrial sewage only.
(b) Building Drain [Storm] - A building drain which conveys
storm water or other clean water drainage, but no 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. )
(a) Building Sewer [Sanitary] - A building sewer which
conveys sanitary or industrial sewage only.
(b) Building Sewer [Storm] - A building sewer which conveys
storm water or other clean water drainage, but no wastewater.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (or CBOD) of sewage,
sewage effluent, polluted waters or industrial wastes shall mean 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.
CFR means Code of Federal Regulations .
CHEMICAL OXYGEN DEMAND (or COD) of sewage, sewage effluent,
polluted waters or industrial wastes is a measure of the oxygen
consuming capacity of inorganic and organic matter present in
wastewater. The laboratory determination shall be made in
accordance with procedures set forth in "Standard Methods" .
CITY means the City of South Bend, Indiana.
CITY ENGINEER means the City Engineer of the City, or his
authorized deputy, agent or representative.
COLLECTOR SEWER shall mean a sewer whose primary purpose is to
collect wastewaters from individual point source discharges .
COMBINED SEWER shall mean a sewer intended to receive both
wastewater and storm or surface water.
COMMERCIAL USER shall mean 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 .
COMPATIBLE POLLUTANT shall mean 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
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(c) phosphorus and phosphorus compounds,
(d) nitrogen and nitrogen compounds,
(e) fats, oils and greases of animal or vegetable origin
(except as prohibited where these materials would interfere
with the operation of the treatment works) .
DEBT SERVICE COST shall mean the average annual principal and
interest payments on all proposed revenue bonds or other long-term
capital debt .
DIRECTOR shall mean the Director of the Environmental Services
of the City of South Bend, Indiana, or his authorized deputy, agent
or representative.
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use of land owned by others .
EFFLUENT DATA means information necessary to determine the
identity, amount, frequency, concentration, temperature or other
characteristics of any pollutant discharged.
EPA means the U.S . Environmental Protection Agency or a duly
authorized official of that agency.
EQUIVALENT CONNECTION shall mean 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 :
Water Meter Size Equivalent Connection
5/8" 1 . 0
3/4" 1 .4
1" 2 .5
1 1/4" 4 . 0
1 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 shall mean an additional charge
which is billed to users for treating compatible sewage wastes with
an average strength in excess of "normal domestic sewage" .
FECAL COLIFORM shall mean any of a number of organisms common
to the intestinal tract of man and animals, whose presence in
sanitary sewage is an indicator of pollution.
FLOATABLE OIL shall mean 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 shall mean a pipe in which wastewater is carried
under pressure.
GARBAGE shall mean any solid wastes from the preparation,
cooking or dispensing of food and from handling, storage or sale of
produce .
GOVERNMENTAL USER shall mean any Federal, State or local
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which exceed the levels established in this code.
IDEM - Indiana Department of Environmental Management .
INCOMPATIBLE POLLUTANT - Any pollutant that is not defined as
a compatible pollutant, including nonbiodegradable dissolved solids,
and further defined in Regulation 40 CFR Part 403 .
INDUSTRIAL USER shall mean any manufacturing or processing
facility that discharges industrial waste to a wastewater treatment
works .
INDUSTRIAL WASTES - 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.
INFILTRATION shall mean 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 shall mean the total quantity of water
from both infiltration and inflow without distinguishing the source.
INFLOW shall mean 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, drains from springs and
swampy areas, manhole covers, 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 shall mean 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.
INTERCEPTOR SEWER shall mean a sewer whose primary purpose is
to transport wastewater from collector sewers to a treatment
facility.
INSTITUTIONAL USER shall mean 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 .
Municipal sewer system, treatment processes or operations which
contributes to a violation of any requirement of its NPDES permit,
and/or any other „paste disposal permit, and/or the inhibition or
disruption of any receiving systems thereof. 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
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MAJOP CONTRIBUTOR A contributor that :
(a) has a flow of more than 50, 000 gallons per average
workday.
(b) has in its waste a toxic pollutant in toxic amounts as
defined in Section 307 (a) of the Federal Act -or State Statutes and
rules .
(c) is found by the City, State Control Agency or the U.S .
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system.
MAY shall mean the indication of a discretionary condition.
MG/L means milligrams per liter.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or 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. 13471317) which applies to a specific category
of nonresidential dischargers .industrial users and which appear in
40 CFR, Chapter I, Subchapter N, Parts 405-471 .
NATURAL OUTLET shall mean any outlet, including storm sewers
and combined sewer overflows, into a watercourse, pond, ditch, lake
or other body of surface or ground water.
NEW SOURCE means :
(a) 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:
(1) The building , structure, facility or
installation is constructed at a site at which no other
source is located; or
(2) The building, structure, facility, or
installation totally replaces the process or production
equipment that causes the discharge of pollutants at any
existing source; or
(3) 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 considered.
(b) 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 (a) (2) or (3) above but
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(1) Begun, or caused to begin, as part of a
continuous on-site construction program
a. any placement, assembly, or installation
of facilities or equipment or
b. 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
(2) 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.
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 as "industrial user. ")
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 mg/1
BOD . . . . not more than 250 mg/1
Ammonia-Nitrogen . . . . not more than 25 mg/1
Phosphorus . . . . not more than 10 mg/l .
As defined by origin, wastewaters from segregated domestic
and/or sanitary conveniences as distinct from industrial
processes .
NPDES PERMIT - 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 include 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 shall mean tap charges, connection
charges, area charges, and other identifiable charges other than
excessive strength surcharges .
PASS THROUGH shall mean a discharge which exits the POTW into
waters of the United States in quantities or concentrations which,
along or in con-iunction 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.
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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 the context.
PHOSPHORUS (or P) shall mean the chemical element phosphorusT
total ._ The laboratory determinations shall be made in accordance
with procedures set forth in "Standard Methods" as defined in this
article.
PLUMBING INSPECTOR means the authorized agent of the Building
Commissioner having responsibility for administration of the
provisions of this article as such may pertain to plumbing work.
PRETREATMENT shall mean 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 .
PRETREATMENT REQUIREMENT shall mean any substantive or
procedural requirement related to pretreatment imposed on an
industrial user, other than a pretreatment standard.
PRETREATMENT STANDARD (or STANDARDS) shall mean prohibitive
discharge standards, categorical pretreatment standards or local
limits .
PRIVATE SEWER shall mean a sewer which is not owned by public
authority.
PROPERLY SHREDDED GARBAGE shall mean 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.
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 shall mean 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.
PUMPING STATION shall mean a station positioned in the public
sewer system at which wastewater is pumped to a higher level .
REPLACEMENT COSTS shall mean 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
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SANITARY SEWER shall mean a sewer which carries sanitary and
industrial wastes, and to which storm, surface and ground water are
not intentionally admitted.
SEWAGE shall mean the combination of the liquid and
water-carried wastes from residences, commercial buildings,
industrial plants and institutions (including polluted cooling
water) . The three most common types of sewage are:
(a) Sanitary Sewage shall mean the combination of liquid and
water-carried wastes discharged from toilet and other sanitary
pumping facilities .
(b) Industrial Sewage shall mean 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) .
(c) Combined Sewage shall mean wastes including sanitary
sewage, industrial sewage, storm water, infiltration and inflow
carried to the wastewater treatment facilities by a combined sewer.
SEWAGE TREATMENT PLANT means any arrangement of devices and
structures used for treating sewage.
SEWAGE WORKS shall mean the structures, equipment and
processes to collect, transport and treat domestic and industrial
wastes and dispose of the effluent and accumulated residual solids.
SEWER shall mean a pipe or conduit for carrying sewage.
SHALL shall mean mandatory.
SIGNIFICANT INDUSTRIAL USER shall mean:
(a) A user subject to categorical pretreatment standards; or
(b) A user that :
(1) 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) ;
(2) 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
(3) Is designated as such by the City on the basis
that it has a reasonable potential for adversely
affecting the POTW' s operation or for violating any
pretreatment standard or requirement .
(c) Upon a finding that a user meeting the criteria in
Subsection (2) has no reasonable potential for adversely affecting
the POTW' s operation or for violating any pretreatment standard or
requirement, the City may at any time, on its own initiative or in
response to a petition received from a user, and in accordance with
procedures in 40 CFR 403 . 8 (f) (6) , determine that such user should
not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (or SNC) shall mean:
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(b) Technical Review Criteria (TRC) violations, defined here
as those in which thirty-three percent (33%) or more of wastewater
measurements taken for each pollutant parameter during a 6-month
period equals or exceeds the product of the daily maximum limit or
the average limit multiplied by the applicable criteria (1 .4 for
BOD, TSS, fats, oils and grease, and 1 .2 for all other pollutants
except pH) ;
(c) Any other discharge violation that the Director believes
has caused, along or in combination with other discharges,
interference or pass through (including endangering the health of
Bureau personnel or the general public) ;
(d) Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted in
the Bureau' s exercise of its emergency authority to halt or prevent
such a discharge;
(e) Failure to meet, within ninety (90) days of the scheduled
date, a compliance schedule milestone contained in a wastewater
discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
(f) Failure to provide within thirty (30) days after the due
date, any required reports, including baseline monitoring reports,
ninety (90) day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance;
(h) Any other violation (s) which the Bureau determines will
adversely affect the operation or implementation of the local
pretreatment program.
concentration of any given constituent or in quantity of flow
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SLUG (or SLUG LOAD) shall mean 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.
STANDARD METHODS shall mean the laboratory procedures approved
by the EPA and set forth in 40 CFR, Part 136.
STORM SEWER shall mean 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.
SUSPENDED SOLIDS (or S .S . ) shall mean solids which either
float on the surface of or are in suspension in water, sewage or
other liquid and which are removable by laboratory filtration.
Their concentration shall be expressed in milligrams per liter.
Quantitative determination shall be made in accordance with
procedures set forth in "STANDARD METHODS" .
TOTAL SOLIDS shall mean the sum of suspended and dissolved
solids .
TOXIC AMOUNT shall mean concentrations of any pollutant or
combination of pollutants which upon exposure to or assimilation
violation of receiving water quality standards and would not be
benefitted by discharge to the sanitary sewers and wastewater
treatment facilities provided.
USER CHARGES shall mean 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 .
USER CLASS shall mean the division of wastewater treatment
customers by source, function, waste characteristics, and process or
discharge similarities, (i .e . residential, commercial, industrial,
institutional, and governmental in the User Charge System) .
VOLATILE ORGANIC MATTER shall mean the material in the sewage
solids transformed to gases or vapors when heated to 550 degrees C
for 15 to 20 minutes .
WASTEWATER shall mean water in which sewage has been
discharged.
WATERCOURSE shall mean a natural or artificial channel for the
passage of water either continuously or intermittently.
WHOLESALE USER shall mean any municipal governmental entity
which has entered into an intermunicipal contract with the City of
South Bend for wastewater treatment service.
SECTION III . Division 3 of Article 2, Chapter 17 of the South
Bend Municipal Code is amended to read as follows :
DIVISION 3 . USE OF THE PUBLIC SEWERS
Section 17-8 . General Di charge Prohibitions.Prohibited Discharge
Standards .
(a) General Prohibitions . No person shall discharge,
introduce or cause to be discharged or 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 standards or any
other National, State or local pretreatment standards or
requirements .
(a) (b) Specific Prohibitions. No person shall discharge
introduce or cause to be discharged or introduced any of the
following described waters or wastes pollutants, substances or
wastewater into any public sewers-:-or directly or indirectly into the
POTW:
(1) Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or
gas .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 1400F (600C)
using the test methods specified in 40 CFR 261 .21 .
(2) Any waters or wastes containing toxic or
poisonous solids, liquids or gases in sufficient
quantity, either singly or by interaction with other
wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the
receiving waters of the sewage treatment plant .
any treatment process ,
(4) 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 .
(5) Any wastewater containing toxic pollutants in
sufficient quantity, either singly 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
receiving waters of the wastewater works, or to exceed
the limitations set forth in the applicable Federal
Categorical Pretreatment Standards or other pretreatment
standards or regulations issued by EPA or the IDEM.
Toxic pollutant (s) are identified pursuant to Section
307 (a) of the Federal Water Pollution Control Act, as
amended.
(6) Any pollutant, including oxygen-demanding
pollutants (BOD, etc. ) , released in a discharge at a
flow rate and/or pollutant concentration which, either
singly or by interaction with other pollutants, will
cause interference with the POTW.
(7) Wastewater or any liquid having a temperature
greater than 150°F (600C) , 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 1040F (400C) .
(8) Trucked or hauled pollutants, except at
discharge points designated by the Director.
(9) Any wastewater, liquid or other waste containing
concentrations of the following substances in amounts
exceeding the stated values :
Parameter 1-Day Maximum 4-Day Average
Arsenic 1 . 0 0 .2
Cadmium 2 . 7 1 .2
Copper 5 . 0 3.5
Cyanide 1 .5 0 .5
Lead 2 . 0 0 . 8
Mercury 0 . 1 0 . 005
Nickel 5. 0 2 .5
Total Chromium 7 .5 5 . 0
Zinc 10 . 0 6 . 0
All units mg/i .
(10) 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 .
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its opinion as to the acceptability of these wastes, the Board will
give consideration to the sewers, nature of the sewage treatment
process, capacity of the sewage treatment plant and other pertinent
factors . In no instance, however, shall a Federally mandated
prohibition be altered to a less stringent standard. The substances
prohibited are:
(1) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees Fahrenheit or
sixty five (G5) degrees Celsius .
(2) (1) Any water or waste containing fats, wax,
grease, or oils, whether emulsified or not, in excess of
one hundred (100) mg/1 or containing substances which
may solidify or become viscous at temperatures between
thirty-two and one hundred fifty (32 and 150) degrees
Fahrenheit or zero and sixty-five (0 and 65) degrees
Celsius .
(3) (2) Any garbage that has not been properly
shredded. The installation and operation of any garbage
grinder equipped with a motor of three-fourths (3/4)
horsepower (0 .76 hp metric) or greater shall be subject
to the review and approval of the Board.
(4) (3) Any waters or wastes containing strong acid
iron pickling wastes or concentrated plating solutions
whether neutralized or not .
(5) (4) 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 . . -. - -_ - ' -- . - - - - - -
shall a discharger release water or waste containing
Parameter 1 Day Maximum 4 Day Average
Arsenic 1 . 0 0 .2
Cadmium 2 .7 1 .2
Copper 5 . 0 3 .5
Cyanide 1 .5 0 .5
Lead 2 . 0 0 . 8
Mercury 0 .1 0 . 005
Nickel 5 . 0 2 ,5
Total Chromium 7 .5 5 .0
Zinc 10 .0 6 . 0
all units mg/l .
(G) (5) 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 .
i4}--Any radioactive wftete-s or isotopes of such
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(9) (7) 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.
(10) (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 can not meet the requirements of other
receiving waters .will be compromised.
(11) (9) It shall be unlawful for any person to
place, deposit, permit to be deposited, or discharge in
any manner whatsoever, any substance into a sewer at a
point different than the proposed sewer connection to
the sanitary sewer system.
(c) (d) 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 article, 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:
(1) Require new industries or industries with
significant increase in discharges to submit information
on wastewater characteristics and obtain prior approval
for discharges . For purposes of this requirement, flow
increases of twenty percent (20%) 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
r
(d) (e) Interceptors shall be provided by the discharger as
necessary for the removal of grease, flammable wastes, sand, or
other harmful substances . All interceptors shall be of a type and
capacity approved by the Board or its designee, and shall be readily
accessible for cleaning and inspection. The owner and/or operator
of interceptor equipment shall be required to maintain certified
records as to time and date of cleaning and inspection.
(e) (f) 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.
(f) (g) When required by the Director, the owner or any
property serviced by a building sewer carrying industrial 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 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) (h) All measurements, tests and analyses of the
characteristics of water and wastes to which reference is made in
this ordinance shall be determined in accordance with the latest
edition of "Standard Mcthods for the- Examination of Water and
Wastewater", published by the American Public Health
8sociation, conducted using the methods and procedures in 40 CFR
Part 136, and shall be determined at the control manhole provided,
or upon suitable samples taken at said control manhole, except for
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. (The particular analysis involved will
determine whether a twenty-four (24) hour composite of all outfalls
of a premises is appropriate or whether a grab sample or samples
should be taken. Normally, but not always, BOD and S .S . analyses
are obtained from twenty-four (24) hour composites of all outfalls
whereas pHs are determined from periodic grab samples . )
(h) (i) 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 of
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 .
Sec . 17-9 . Discharges Into Sanitary Sewer Prohibited.
Ir ' 1
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(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 ordinance and the NPDES permit .
(f) No person shall discharge or cause to be discharged to
any natural outlet any wastewater or other polluted water except
where suitable treatment has been provided in accordance with
provisions of this ordinance 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 property line.
Sec. 17-10 . Pretreatment of Industrial Wastes .
Pretreatment of industrial wastes from major contributing
industries prior to discharge to the treatment works is required and
is subject to the Rules and Regulations adopted by the EPA (40 CFR
Part 403) , and "Guidelines Establishing Test Procedures for Analysis
of Pollutants" (40 CFR Part 136) , in addition to any more stringent
requirements established by the City and subsequent State or Federal
Guidelines and Rules and Regulations.
(a) Limitations on wastewater strength:
(1) National Categorical Pretreatment Standards as
promulgated by the (EPA}- shall be met by all affected
nonresidential waste dischargers .The National
Categorical Pretreatment Standards, located in 40 CFR
Chapter I, Subchapter N, Parts 405-471, are hereby
adopted and incorporated by reference into this code and
include amendments to those standards that occur
hereafter as the same are published in the CFR with
effective dates as fixed therein. An application for
modification of the National Categorical Pretreatment
requirements and limitations are more stringent than
federal requirements and limitations.
(3) No discharger shall use potable water to dilute
a discharge as a substitute for adequate treatment of
prohibited substances to achieve compliance with the
standards set forth in this division.
(4) Under no circumstances shall a discharger
release water or waste containing concentrations of the
following substances in amounts exceeding the stated
values :
Parameter 1-Day-Maximum 4-Day Average
Arsenic 1 . 0 0 .2
Cadmium 2 .7 1 .2
Copper 5 . 0 3 .5
Cyanide 1 .5 0 .5
Lead 2 . 0 0 . 8
Mercury 0 . 1 0 . 005
Nickel 5 . 0 2 .5
Total Chromium 7 .5 5. 0
Zinc 10 . 0 6 . 0
All units mg/l .
(b) Accidental discharges--/Slugs
(1) A discharger shall provide- a plan of protection
from accidental discharge of prohibited or regulated
substances listcd herein. Each prot-cction plan is subject
' - - - . (1) Each
Significant Industrial User shall provide an accidental
discharge/slug control plan, which plan is subject to
approval by the Director and shall, thereafter, be
implemented by the Significant Industrial User. Such
plans shall address, at 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 slug discharge,
as required hereafter;
d. Procedures to prevent adverse impact
from any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage areas,
handling and transfer of materials, loading
and unloading operations, control of plant
site runoff, worker training, building of
containment structures or equipment, measures
for containing toxic organic pollutants,
including solvents, and/or measures and
equipment for emergency response.
(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
(1) It shall be unlawful to discharge sewage, non-
domestic 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; or,
b. Discharges nondomestic wastewater in the
amount equal to or exceeding twenty-five
thousand (25, 000) gallons per day; or,
c. Contributes a nondomestic waste stream
exceeding five (5) percent of the dry weather
hydraulic or organic capacity of the
wastewater treatment plan; 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 .
(2) Prospective nondomestic users of any sewer
which are subject to the provisions of paragraph (c) (1) of
this section shall obtain a wastewater discharge permit
prior to connecting to or discharging into the wastewater
system and shall apply for said permit at least ninety
(90) days prior to anticipated connection.
(3) All existing nonresidential dischargers which
are subject to the provisions of paragraph (c) (1) of this
section shall apply for a wastewater discharge permit
within thirty (30) days after the -effective date of this
division.
(d) Permit application; fees :
(1) Applications for wastewater discharge permits
may be procured from the Director.
(2) Dischargers subject to the provisions of
paragraph (c) (1) of this section shall obtain from,
complete, and file with the Director, a permit application
on a form prescribed by the Board of Public Works . Said
form shall require the following conditions : information:
a. Disclosure of name, address, and
location of the discharger.
b. Disclosure of Standard Industrial
Classification (SIC) number according to the
Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
c. Disclosure of wastewater constituents
and characteristics including but not limited
to those mentioned in this division, as
determined by bona fide chemical and
biological analysis .
d. Disclosure of time and duration of
verifiable techniques are approved by the
Board of Public Works due to cost or non-
feasibility.
f. Disclosure of site plans, floor plans,
mechanical and plumbing plans and details to
show all sewers, sewer connections, inspection
manholes, sampling chambers, and appurtenances
by size, location and elevation.
g. Description of activities, facilities
and plant processes on the premises, including
all materials which are or may be discharged
to the sewers .
h. Disclosure of the nature and
concentration of any pollutants or materials
prohibited by this division in the discharge,
including a statement regarding whether or not
compliance is being achieved on a consistent
basis and if not, what additional operation
and maintenance activities and/or additional
pretreatment is required for the discharger to
comply.
i . Where additional pretreatment and/or
operation and maintenance activities are
required to comply with the applicable
pretreatment standard, the discharger must
provide a compliance schedule by which he will
provide the additional pretreatment and/or
implementation of additional operational and
maintenance activities . All pretreatment
plans shall be submitted to the Director for
review and approval prior to implementation.
j . Disclosure of each product produced by
type, amount, process or processes and rate of
production.
k. Disclosure of the type and amount of the
raw materials utilized.
1 . All permit applications for new or
modified permits must be signed by a principal
executive officer of the discharger.
(3) The following fees are required for discharge
permits :
a. Each permit will be issued for a base
fee of five hundred ($500 . 00) .
b. For each additional sampling point,
there will be a charge of an additional one
hundred dollars ($100 . 00) .
(4) Within sixty (60) days after receipt of the
application for discharge permit, the Director shall
review said application for compliance with the terms and
conditions of this division and shall make recommendations
to the Board of Public Works .
(5) The Board of Public Works shall review the
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subject to the following terms and conditions :
a. The unit charge or schedule of user
charges and fees for the wastewater to be
discharged to a municipal sewer.
b. Numerical limits on the average and
maximum wastewater constituents and
characteristics .
c . Limits on the average and maximum rate
and time of discharge or requirements for flow
regulation and equalization.
d. Requirements for installation and
maintenance of inspection and sampling
facilities .
e. Specifications for monitoring programs
which may include sampling locations,
frequency of sampling, number and types of
samples, and standards for analyses and
reporting schedules .
f. Compliance schedules .
g. Requirements for submittal of technical
reports or discharge reports .
h. Requirements for maintaining and
retention of plant records pertaining to
wastewater discharge as specified by this
division, and affording Board of Public Works
the City' s personnel access thereto.
i . Requirements for reporting the nature of
significant changes in wastewater flow or
- - = in type and concentration
of wastewater constituents . For purposes of
this requirement, significant changes include,
but are not limited to, flow increases of
twenty percent (20%) or greater, or the
discharge of any previously unreported
pollutants .
j . Requirements for notification of slug
discharges .
k. Other conditions as deemed appropriate
by the Board of Public Works to ensure
compliance with this division.
1 . The permit is for a period of five (5)
years, but maybe revoked or rescinded if the
applicant is not in conformity with the
provisions of this Code.
(7) If the Board of Public Works rejects the
application for noncompliance, he—the Board shall
establish a compliance schedule and require compliance
schedule reports and compliance date reports on forms
supplied by the Board of Public Works. Director.
(e) Confidentiality:
the manner prescribed on the application form or
instructions, or, in the case of other submissions, by
stamping the words "confidential business information"
on each page containing such information. If no claim
is made at the time of submission, the Board of Public
Works City may make the information available to the
public without further notice. If claim is asserted,
the information will be treated in accordance with the
procedures in 40 CFR Part 2 (Public Information) .
(2) Information and data provided to the Board of
Public Works City pursuant to this part which is effluent
data shall be made available to the public without
restriction.
(3) All other information which is submitted to the
State or :-. . - City shall be available to
the public at least to the extent provided by 40 CFR,
Paragraph 2 .302 .
(f) Permit modifications :
(1) The Board of Public Works reserves the right to
amend any wastewater discharge permit issued hereunder in
order to ensure compliance by the City with applicable
laws and regulations . Within nine (9) months of the
promulgation of a National Categorical Pretreatment
Standard, the wastewater discharge permit of each
discharger subject to such standards shall be revised to
require compliance with such standards within the time
frame prescribed by such standards . All National
Categorical Pretreatment Standards adopted after the
promulgation of this division shall be a part of this
division.
(2) Any discharger required to obtain a discharge
permit under the newly promulgated standards shall apply
for same immediately upon notification by the Board of
Public Works . City.
(3) Any current permittee whose wastewater discharge
permit is affected by newly promulgated National
Categorical Pretreatment Standards shall, upon
notification by the Director, submit all documentation,
information and proposed changes necessary to bring the
discharger into compliance with the new standards . Upon
receipt of said information, the Director shall establish
a compliance schedule whereby the permittee shall attain
compliance with the applicable standards . The permittee
shall be advised of any proposed changes in his permit at
least thirty (30) days prior to the effective date of
change. Any changes in new conditions in the permit shall
include a reasonable time schedule for compliance, not to
exceed the duration specified in the applicable National
Categorical Standards .
(g) Permit duration. All wastewater discharge permits shall
be issued for a five-year duration and shall be valid subject to
amendment or revocation as provided in this division. Under special
circumstances, as determined by the Board of Public Works, a permit
may be issued for a period of less than five (5) years.
(h) Limitations on permit transfer. Wastewater discharge
permits are issued to a specific discharger for a specific operation
I !
(1) Within ninety (30) days following commencement of
the introduction of wastewater into the wastewater system,
monitoring report on forms furnished by the Board
indicating the nature and concentration of all prohibited
or rcgulated substanccs containcd in its discharge, and
the average and maximum daily flow in gallons . The report
are being met on a consistent basis, and if not, what
additional operations, maintenance and/or pretreatment
activities are nceessary to bring the discharger into
compliance with the applicable standards .Within either 180
days after the effective date of a categorical
pretreatment standard, or the final administrative
decision on a category determination under 40 CFR
403 . 6 (a) (4) , whichever is later, existing significant
industrial users subject to such categorical pretreatment
standards, and currently discharging to or scheduled to
discharge to the POTW, shall be required to submit to the
Director a report which contains the information listed in
Paragraph 2 below. At least ninety (90) days prior to
commencement of their discharge, new sources, and sources
that become industrial users subsequent to the
promulgation of an applicable categorical standard, shall
be required to submit to the Director a report which
contains the information listed in paragraph 2 below. A
new source 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.
(2) The industrial user shall submit the information
required by this section including:
a. Identifying Information. The name and
address of the facility including the name of the
operator and owners .
b. Wastewater Discharge Permits . A list of
any environmental control wastewater discharge
permits held by or for the facility.
c . Description of Operations . A brief
description of the nature, average rate of
production, and standard industrial
classifications of the operation (s) carried out by
such industrial user. This description should
include a schematic process diagram which
indicates points of discharge to the POTW from the
regulated processes .
d. Flow Measurement . Information showing
the measured average, or estimated, if approved by
the Director, daily and maximum flow, in gallons
per day, to the POTW from regulated process
streams and other stream, as necessary, to allow
use of the combined wastestream formula set out in
40 CFR 403 . 6 (e) .
e . Measurement of Pollutants .
1 . Identify the categorical
pretreatment standards applicable to
Director) of regulated pollutants in the
discharge from each regulated process .
Instantaneous, daily maximum and lonq
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.
3 . Sampling must be performed in
accordance with procedures set out
herein.
f. Certification. A statement reviewed by
the industrial user' s authorized representative
and certified by a qualified professional,
indicating whether pretreatment standards are
being met on a consistent basis -- and, if not,
whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet
the pretreatment standards and requirements .
q. Compliance Schedule. If additional
pretreatment and/or O&M will be required to meet
the pretreatment standard; the shortest schedule
by which the industrial user will provide such
additional pretreatment and/or O&M. The
completion date in this schedule shall not be
later than the compliance date established for the
applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the
requirements set out herein.
h. All baseline monitoring reports must be
signed and certified in accordance with Subsection
17-10 (i) (11) below.
(2) (3) Any permittee subject to a pretreatment
standard set forth in this division shall submit to the
Director, during the months of June and December, unless
required more frequently by the discharge permit, a
periodic compliance report on forms provided or prescribed
by the Board Director indicating the nature and
concentration of prohibited or regulated substances in the
effluent . Included in the report shall be a record of all
measured or estimated average and maximum daily flows
during the reporting period, computed by verifiable
techniques as required by the applicable discharge permit .
(3) (4) Each permittee shall monitor the discharge
with the frequency prescribed in its wastewater discharge
permit . All sampling and analyses shall be performed in
accordance with 40 CFR, Part 136 and amendments thereto.
(4) (5) Reports of monitoring events shall be filed
with the Director as required by the wastewater discharge
permit. The reports shall contain all results of analyses
required by the permit, including flow conditions and the
nature and concentration of those prohibited substances
specified in the applicable categorical standards . The
reports shall also specify sampling location, date, time
and techniques, analysis date, analyst and analysis
methods, and results of all analyses .
f 1
report to the Director within thirty (30) days after
becoming aware of the violation. The industrial user is
not required to resample if the City performs monitoring
at the industrial user at least once a month, or if the
City performs sampling between the industrial user' s
initial sampling and when the industrial user receives the
results of this sampling, or if the industrial user' s
regular monitoring activity will result in samples being
taken within thirty (30) days of the industrial user
becoming aware of the violation, unless, directed by the
Director to do so.
(7) Any industrial user who commences the discharge
of hazardous waste shall notify the Director, the EPA
Regional Waste Management Division Director, and State
hazardous waste authorities in writing of any discharge
into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261 .
Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261, the EPA hazardous
waste number, and the type of discharge (continuous, batch
or other) . If the industrial user discharges more than
100 kilograms (220 lbs . ) , of such waste per calendar month
to the POTW, the notification shall also contain the
following information to the extent such information is
known and readily available to the industrial 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 the
calendar month, and an estimation of the mass of
constituents in the wastestream expected to be discharged
during the following twelve (12) months . All
notifications must take place no later than one hundred
eighty (180) days after the discharge commences . Any
notification under this paragraph need be submitted only
once for each hazardous waste discharged. However,
notifications of changed discharges must be submitted as
required by law. The notification requirement in this
section does not apply to pollutants already reported
under the self-monitoring requirements set out above.
a. Dischargers are exempt from the
requirements of paragraph (6) , above, during a
calendar month in which they discharge no more
than fifteen (15) kilograms (33 lbs . ) of hazardous
wastes, unless the wastes are acute hazardous
wastes as specified in 40 CRF 261 .30 (d) and
261 . 33 (e) . A discharge of more than fifteen (15)
kilograms (33 lbs. ) of non-acute hazardous wastes
in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CRF 261 .30 (d)
and 261 .33 (e) , requires a one-time notification.
Subsequent months during which the industrial
user discharges more than such quantities of any
hazardous waste do not require additional
notification.
b. In the case of any new regulations under
Section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the
industrial user must notify the Director, the EPA
Regional Waste Management Waste Division Director,
certify that it has a program in place to reduce
the volume and toxicity of hazardous wastes
generated to the degree it has determined to be
economically practical .
d. All industries permitted by the City
shall make a one-time notification to the Director
on the City' s "Hazardous Waste Notification Form"
stating if the company is subject to the reporting
conditions under this subsection.
(5) (8) All permittees shall retain and preserve for
no less than three (3) years, any records, books,
documents, memoranda, reports, correspondence and any and
all summaries thereof, relating to monitoring, sampling
and analyses made in connection with its discharge. All
records which pertain to matters which are the subject of
administrative adjustment or any other enforcement or
litigation activities brought by the Board pursuant hereto
shall be retained and preserved by the permittee until all
enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have
expired.
(G) (9) Any person who knowingly 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 knowingly renders
inaccurate any monitoring device or method required under
this division, - , - . -, a . - ' - - -4 : , - _
imposition of may be assessed a civil penalty of not more
than two thousand five hundred dollars ($2, 500 . 00) .
(7) (10) All permittees 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 .
(11) All industrial user reports required by this
section shall be certified by a qualified professional,
indicating whether pretreatment standards are being met on
a consistent basis, and, if not, whether additional
operation and maintenance and/or additional pretreatment
is required to meet the pretreatment standards and
requirements.
Additionally, all such reports and all wastewater
discharge permit applications must contain the following
certification statement and be signed by an authorized
representative of the industrial user:
"I certify under penalty of law that this document
and all attachments were prepared under my
direction or supervision in accordance with a
system designed to assure that qualified personnel
properly gather and evaluate the information
submitted. Based on my inquiry of the person or
persons who manage the system, or those persons
imprisonment for knowing violations . "
(8) (12) 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.
(j) Emergency suspension of service and permit . The Board of
Public Works may, for good cause shown, suspend the wastewater
treatment service and the discharge permit of a nonresidential
discharger when an actual or threatencd discharge presents or may
present an imminent or substantial danger to the health or welfarc
of persons, substantial danger to the environment, interfere with
the operations of the wastewater treatment plan, or violate any
pretreatment limits imposed by this division. Any nonresidential
permit shall cease all discharges to the- sewer system. In the event
of cur --ef the nonresidential discharger to comply voluntarily
•
Public Works shall commei' cc dicial .
j-u proceedings immediately
thereafter to compel the nonresidential user' s compliance with such
order.The Director may immediately suspend a user' s discharge (after
informal notice to the user) whenever such suspension is necessary
in order to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Director may also
immediately suspend a user' s discharge (after notice and opportunity
to respond) that threatens to interfere with the operation of the
POTW, or which presents or may present an endangerment to the
environment.
(1) Any user notified of a suspension of its
discharge shall immediately stop or eliminate its
contribution. In the event of a user' s failure to
immediately comply voluntarily with the suspension order,
the Director shall take such steps as deemed necessary,
including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals . The Director
shall allow the user to recommence its discharge when the
user has demonstrated to the satisfaction of the Director
that the period of endangerment has passed unless
proceedings have been initiated as provided hereafter.
(2) A user that is responsible, in whole or in part,
for any discharge presenting imminent endangerment shall
submit a detailed written statement describing the causes
of the harmful contribution and- the measures taken to
prevent any future occurrence to the Director.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
(k) Revocation of permit . The Board of Public Works may
(1) Factually report the wastcwater constituents and
characteristic of its discharge;
(2) Report significant changes in wastewater
with applicable effluent limitations;
(3) Report modifications of operational and/or
(5) Violates the conditions of this ordinance or any
final judicial order entered with respect thereto .
(1) Notification of violation; administrative adjustment .
Whenever the Board of Public Works finds that a permittee has
pursuant to this code, the Board shall s-crvc or cause—to—be served
upon such permittee a written notice by certified mail, return
receipt requested, stating the nature of the alleged violation.
permittce shall respond in writing to the Board of Public Works
advising of its position with respect to the allegations .
violations .
(m) Show cause hearing. Where the violation of this code is
adjustment, the Board of Public Works may order any discharger which
Board or its duly authorized eprest_ntive e prepos-ed—permit
revocation should not be taken. A written notice shall be served on
the discharger by personal s-crvice, certified or registered, return
receipt requested, specifying the time and place of a hearing to be
- - _ _ . - - :4. -4 - _ - - _ - _ . _ - , - -
reasons why the enforcement action is to be taken, the proposed
before the Board or its designee why the proposed—enforcement action
should not be taken. The notice of the hearing shall be seed not
less than ten (10) days be c— c aria . Service may be made on
ny agent, officer, or authorized representative of a discharger.
The proceedings at the hearing shall be considered by the Board
alleged improper activities of the discharger.
(n) Judicial proceedings . Following a finding by the Board of
Public Works that a permittee is not in compliance with the
provisions of this code, the City Attorney may commence an action
for appropriate legal and/or equitable relief in the appropriate
local court .
Public Works shall annually publish in the local daily newspaper a
with applicable pretreatment requirements or standards at least once
during the previous twelve (12) months. The notification shall also
summarize any enforcement actions taken against the dischargers
during the same twelve (12) months .
(k) Revocation of Permit . The Board of Works may revoke the
permit of any user that violates the following conditions of this
ordinance, wastewater discharge permit, or orders issued hereunder.
(1) Violation of wastewater discharge permit
conditions .
(2) Failure to accurately report the wastewater
constituents and characteristics of its discharge.
(3) Failure to report significant changes in
operations or wastewater volume, constituents and
characteristics prior to discharge.
(4) Refusal of reasonable access to the user' s
premises for the purpose of inspection, monitoring or
Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause as set out
below why the proposed action should not be taken. Nothing in this
section shall be interpreted, however, as requiring a hearing prior
to emergency suspension under subsection (1) above.
(1) Show Cause Hearing. The Director may order any user which
causes or contributes to violations (s) of this ordinance, wastewater
discharge permits, or orders issued hereunder, or any other
pretreatment standard or requirements, to appear before the Director
and show cause why a proposed enforcement action should not be
taken. Notice shall be served on the user specifying the time and
place for the hearing, the proposed enforcement action, the reasons
for such action, and a request that the user show cause why this
proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified
mail (return receipt requested) at least ten (10) days prior to the
hearing. Such notice may be served on any authorized representative
of the user. Whether or not the user appears as ordered, immediate
enforcement action may be pursued following the hearing date. A
show cause hearing shall not be a prerequisite for taking any other
action against the user.
(m) Appeals . Any user affected by any decision, action or
determination, including cease and desist orders, made by the
Director, interpreting or implementing the provisions of this
ordinance, may file with the Director a written request for
reconsideration within ten (10) days of such decision, action, or
determination, setting forth in detail the facts supporting the
user' s request for reconsideration.
If the ruling made by the Director is unsatisfactory to the
person requesting reconsideration, he may, within ten (10) days
after notification of action, file a written appeal to the Board of
Public Works . The written appeal shall be heard by the Board within
thirty (30) days from the date of filing. The Board of Public Works
shall make a final ruling on the appeal within thirty (30) days of
the close of the meeting. The Director' s decision, action, or
determination shall remain in effect during such period of
reconsideration and appeal .
(n) Judicial Enforcement Remedies. Whenever a user has
violated a pretreatment standard or requirement or continues to
violate the provisions of this ordinance, wastewater discharge
permits or orders issued hereunder, or any other pretreatment
requirement, the Director may petition the Circuit or Superior Court
for St . Joseph County for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other
requirement imposed by this ordinance on activities of the
industrial user. Such other action as appropriate for legal and/or
equitable relief may also be sought by the City. A petition for
injunctive relief need not be filed as a prerequisite to taking any
other action against a user, nor shall any other remedy herein be
deemed a prerequisite to seeking injunctive relief.
(0) The provisions of this section are not exclusive remedies.
The City reserves the right to take any, all or a combination of
these actions against a noncompliant user, separately or
concurrently, and may also exercise any other remedies provided by
law.
(p) Annual publication of significant violators . The Director
shall publish annually, in the largest daily newspaper published in
thcl
4
limits, defined here as those in which sixty-six percent
(66%) or more of wastewater measurements taken during a
6-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount .
(2) Technical Review Criteria (TRC) violations,
defined here as those in which thirty-three percent (33%)
or more of wastewater measurements taken for each
pollutant parameter during a 6-month period equals or
exceeds the product of the daily maximum limit or the
average limit multiplied by the applicable criteria (1 .4
for BOD, TSS, fats, oils and grease, and 1 .2 for all other
pollutants except pH) .
(3) Any other discharge violation that the Director
believes has caused, along or in combination with other
discharges, interference or pass through (including
endangering the health of Bureau personnel or the general
public) .
(4) Any discharge of pollutants that has caused
imminent endangerment to the public or to the environment,
or has resulted in the City' s exercise of its 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 a 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, ninety (90) day compliance reports,
periodic self-monitoring reports, and reports on
compliance with compliance schedules .
(7) Failure to accurately report noncompliance.
(8) Any other violation (s) which the Director
determines will adversely affect the operation or
implementation of the local pretreatment program.
Sec. 17-11 . Plans and Specifications of Pretreatment
Facilities .
Pretreatment information including plans and specifications of
control facilities shall be submitted for approval s€ by. the City
and no construction of such facilities shall be commenced until
approval in writing is granted. Where such facilities are provided,
they shall be maintained continuously in satisfactory and effective
operating order by the owner at his expense and shall be
subject to periodic inspection by the City to determine that such
facilities are being operated in conformance with the applicable
Federal, State and local laws and permits . The owner shall maintain
operating records of the influent and effluent to show the
performance of the treatment facilities and for comparison against
City monitoring records .
Sec. 17-12 . Unpolluted Cooling Waters .
`y
Unpolluted water from air conditioners, cooling, condensing
sewer pending written approval by the City Engineer.
Sec. 17-13 . Polluted Cooling Waters .
Industrial cooling water, which may be polluted with insoluble
oils 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.
Sec. 17-14 . Industrial Flow Information.
The City Engineer may require users of the sewage works, other
than residential users, to supply pertinent information on
wastewater flow characteristics . Such measurements, tests and
analyses shall be made at the users' expense. If made by the City,
an appropriate charge may be assessed to the user at the option of
the City.
Sec . 17-15 . 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.
Sec. 17-16 . Grease, Oil and Sand Traps .
Grease, oil and sand interceptors or traps shall be provided
when, in the opinion of the City, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts, or
any flammable wastes, sand or other harmful ingredients, except that
such interceptors or traps will not be required for private living
quarters or dwelling units. All interceptors or traps shall be of a
type and capacity approved by the City and shall be located so as to
be readily accessible for cleaning and inspection. They shall be
constructed of impervious materials capable of withstanding abrupt
and extreme changes in temperatures and shall be of substantial
construction, be gas tight and equipped with easily removable
covers . Where installed, all grease, oil and sand interceptors or
traps shall be maintained by the owner, at his expense, in
continuously efficient operation at all times . Specifications for
grease, oil, and sand interceptors shall be in accordance with
Sections 711, 712, 713, of the Indiana Plumbing Rules, 1981 Edition,
(GGO IAC 9) originally published as (4 IR 2398) , which identifies,
amends, and incorporates therein the Uniform Plumbing Code, 1975
Edition. Copies of the aforementioned Code and Rules, Regulation3-
and Codes adopted herein by reference are on file as required by law
in the Department of Code Enforcement .provisions of the Indiana
Plumbing Code, as amended.
Sec. 17-17 . Spills Reporting.
Users of the sewage works shall immediately notify the
Director of Environmental Services or his designee of any unusual
•
No unauthorized person shall maliciously, willfully or
negligently recklessly break, damage, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the
municipal sewage works . Any person violating this provision shall
be subject to immediate arrest .
Sec. 17 19 . Power & Authority of Inspectors.
(a) The Director, Inspector acrd other duly authorized
inspection, observation, measurement, sampling and testing in
processes including metallurgical, chemical,
employees of the City shall observe all safety rules applicable to
by City employees and against liability claims and demands for
personal injury or property damage asserted against the company and
growing out of the gauging and sampling operation, except as such
may be caused by negligence or failure of the company to maintain
permitted to enter all private properties through which the City
holds a duly negotiated casement for the purpose-of not limited
negotiated casement pertaining to the private property involved.
Sec. 17-19 . Inspection and Sampling.
(a) The Director or his representatives shall have the right
to enter the facilities of any industrial user to ascertain whether
the purpose of this ordinance, and any permit or order issued
hereunder, is being met and whether the industrial user is complying
with all requirements thereof. Industrial users shall allow the
Director or his representatives 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 an industrial user has security measures
in force which require proper identification and
clearance before entry into its premises, the industrial
user shall make necessary arrangements with its security
guards so that, upon presentation of suitable
identification, personnel from the City will be
permitted to enter without delay, for the purposes of
Performing their specific responsibilities .
_ . _ -
•
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 industrial user at its own expense.
All devices used to measure wastewater flow and quality
shall be calibrated periodically to ensure their
accuracy.
(4) Any temporary or permanent obstruction to safe
and easy access to the industrial facility to be
inspected and/or sampled shall be promptly removed by
the industrial user at the written or verbal request of
the Director and shall not be replaced. The costs of
clearing such access shall be borne by the industrial
user.
(5) Unreasonable delays in allowing City personnel
access to the industrial user' s premises shall be a
violation of this ordinance.
Sec . 17-19 . 1 . Search Warrant .
If the Director and/or his representative has been refused
access to a building, structure or property of any part thereof, and
if the Director and/or his representative has demonstrated probable
cause to believe that there may be a violation of this ordinance or
that there is a need to inspect as part of a routine inspection
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, then
upon application to the Superior Court or Circuit Court, the City
may seek a search and/or seizure warrant describing therein the
specific location sub-ject to the warrant . The request by the City
shall specify what, if anything, may be searched and/or seized on
the property described. Such warrant shall be served at reasonable
hours by the Director and/or his representatives in the company of a
uniformed police officer. In the event of an extreme emergency
affecting public health and safety, inspections shall be made
without the issuance of a warrant .
Sec. 17-19 .2 . Record Keeping.
Industrial users shall retain, and make available for
inspection and copying, all records and information required to be
retained under this ordinance. These records shall remain available
for a period of at least three (3) years . This period shall be
automatically extended for the duration of any litigation concerning
compliance with this ordinance, or where the industrial user has
been specifically notified of a longer retention period by the
Director.
SECTION IV. Division 6 of Article 2, Chapter 17 of the South
Bend Municipal Code is amended to read as follows :
DIVISION 6 . RECOVERY OF COSTS,
PENALTIES, SEVERABILITY, CONFLICT
Sec. 17-32 . Recovery of Costs.
Z1ncv rli nn1-. ___ _ _ _
or discharge. The d City_ shall bill the discharger for the
costs incurred by the City for any cleaning, repair or replacement
work caused by the violation or discharge.
Sec. 17-33 . Civil Penalties .
ordinance shall be served by the City with written notice stating
for the satisfactory correction thcr.cef. The offender shall, within
the period of time stated in such notice, permanently cease all
violations .
(b) Any discharger found to be in violation of any provision
- -
Dollars ($500 . 0-0) for the first offcnsc; One Thousand Dollars
-(44, 000 . 00) for the second offcnsc; Two Thousand Five Hundred
Dollars ($2, 500 . 06) for each subsequent offcnsc. Each day in
violation shall be considered a separate offense.
-E-e)---Any person violating any of the provisions of this
- -
damage occasioned by the City by reason of such violation.
(a) Any user which has violated or continues to violate this
ordinance, any order or wastewater discharge permit 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 long-term average discharge limit, penalties shall accrue
for each day during the period of the violation.
(b) The City may recover reasonable attorney' s fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any
actual damages incurred by the City.
(c) In determining the amount of civil liability, the Court
shall take into account all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the
user' s violation, corrective actions by the user, the compliance
history of the user, and any other factor as -justice requires .
(d) Filing a suit for civil penalties shall not be a
prerequisite for taking any other action against a user.
Sec. 17-34 . Construction of Article.
(a) All ordinances or parts of ordinances in conflict
herewith are hereby repealcd. The invalidity of any section,
clause, sentence, or provision of this ordinance shall not affect
the validity of any other part of this ordinance which can be given
(b) (a) No statement contained in this article 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. 17-35 . Severability and Conflicts .
(b) All other 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 . 17-36 -- 17-38 . Reserved
SECTION V. This ordinance shall be in full force and effect
from and after its adoption by the Common Council, approval by the
Mayor, and legal publication.
Member/of th Common Council
a S
(inmmittn Rood
cXn the (Limon Council of the Qlthj of ►out fieih:
Your Committee
of the Whole
to whom was referred
BILL NO.
68-93 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AMENDING ARTICLES 1 AND 2 OF
CHAPTER 17 OF THE MUNICIPAL CODE RELATING TO PRETREATMENT
REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS.
Respectfully•report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable, as amended:
Substitution of Page 25.
Thomas Zakrzewski
Chairman
11.-JECAZNI.0 DEP.1R 2+iI
TN'TEROFF'T CE MEMORANDUM
TO - RICHARD A. NUSSBAUM, II DATE : August 3, 1993
CITY ATTORNEY
FROM : MARY HALL MUELLER
ASSISTANT CITY ATTORNEY
RE : PROPOSED CHANGES TO THE CITY' S
SEWAGE PRETREATMENT ORDINANCE - EXECUTIVE SUMMARY
This memo is in response to your request that I provide an
executive summary setting out the proposed changes to the City' s Sewage
Pretreatment Ordinance.
As you know, in June, 1992, the EPA conducted an audit of the
City' s pretreatment program. This audit included a review of our
pretreatment ordinance. The EPA later provided the City with a
document containing a listing of the changes required to make our
ordinance comply with current federal statutes and regulations relating
to sewage pretreatment. Those changes are reflected in amendments to
the ordinance as follows:
1. I have added definitions for Interference, Pass Through,
New Source, Pretreatment Standard, Pretreatment Requirement,
Significant Industrial User, and Significant Noncompliance. These are it is
all terms of atrwe should adoptethem in EPA as defined regulations, and
appropriate t
terms in our Sewage
Pretreatment Ordinance.
2. I have added a general prohibition against tausee
introduction of substances into our treatment facility, which
Pass Through or Interference.
3 . I have revised the ordinance in Section 17-8(b) to make
it clear that certain substances may not be introduced into the City' s
pretreatment plant under any circumstances.
4. Section 17-8(c) lists those substances that are
prohibited unless the Board of Works specifically allows them to be
introduced into the City' s sewage system. This section makes it clear,
however, that the Board may not permit the introduction of a substance
that is prohibited by federal law.
5. In conformance with federal requirements, the amended
ordinance would now require each Significant Industrial User to provide
an accidental discharge/slug control plan. This plan is intended to
prevent accidental discharges n in case such an accidental discharge t the tvshould
emergency response plan
occur.
' Richard A. Nussbaum, II
Page Two
August 2, 1993
G. The proposed ordinance defines a resportable significant
Change in discharge to include, but not be limited to, flow increases
of 20% or greater, or the discharge of any previously unreported
pollutants.
7 . The revised ordinance significantly changes the report
requirements for industrial users. It revises the time frames and the
elements required for the base line monitoring report. it elaborates
the requirements for compliance schedule progress reports and reports
on compliance with categorical deadlines. It requires resampling and
submittal of results within thirty ( 30) days after an industrial user
has given the City notice of violation. It requires an industrial user
to notify the City, the State, and the EPA, in writing, of any
discharge which is considered a hazardous waste under federal law.
Finally, this ordinance clarifies the signature and certification
requirements for the above reports.
8. The proposed ordinance has been revised to make it clear
that all measurements, tests, and analyses required by the ordinance
must be done pursuant to appropriate federal regulations.
9. The most significant changes to the pretreatment
ordinance are in the area of inspection and enforcement. The new
ordinance will make it clear that the City has the right to enter into
whatever property is necessary to inspect an industrial user' s facility
to assure compliance with state, federal, and local law relating to
sewage pretreatment. Previously, the ordinance required that the City
negotiate an easement in order to allow our entry onto the property of
the industrial user. The proposed changes would do away with that
requirement and make it clear that the City may go wherever is
necessary to perform its duties relative to inspection.
10. The revised ordinance will make it clear that the City
has the right to inspect and copy the records of an industrial user.
11. Relative to enforcement of the City' s pretreatment
ordinance, the ordinance revisions will make it clear that the City has
the right to do the following:
A. To seek injunctive relief through the courts when
appropriate without having to seek administrative review
first;
B. Assess civil penalties for violation to a maximum of
$2 ,500 per day;
C. In the event of an actual or a threatened discharge that
reasonably appears to present an imminent danger to the
health or welfare of people, the City has the authority to
take emergency response, which would include stopping up an
.tilt 1 I ,
,,,,,.S0t TN 8/ s ,
\� , 1 „ ,mod
City of South Bend
W FACE/j LL B
= : Z J oseph E. Kernan, Mayor
1865 ,0000
Department of Public Works
John E. Leszczynski, Director
August 3 , 1993
Mr. Stephen Luecke, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Bill Amending Chapter 17 of the
South Bend Municipal Code Relating
to Sewage Pretreatment
Dear Mr. Luecke:
I am attaching for filing a bill amending Articles 1 and 2
of Chapter 17 of the South Bend Municipal Code relating to
pretreatment requirements for the use of the public sewers.
The purpose of this ordinance is to amend portions of
Chapter 17 to bring the city' s sewage pretreatment requirements
into compliance with current federal pretreatment regulations.
This ordinance incorporates recent revisions in the federal
regulations, and is in response to suggestions and requirements
set forth in a federally funded review of our current ordinance
requirements.
Your support and favorable consideration of this bill is
respectfully requested.
Sincerely,
401'
4111# V 4 4 —
f
. .hn Leszczynski, Director
Department of Public Works
Attachment
County-City Building • South Bend, Indiana 46601 • 219/235-9251
Engineering Environmental Services Equipment Services Transportation Water Works
Carl Littrell, P.E. John J. Dillon, Ph.D. Matt Chlebowski Sam Hensley John F. Stancati
235-9251 277-8515 235-9316 235-9444 235-9322
FAX (219) 235-9171 FAX (219) 277-8980 FAX (219) 235-9007 FAX (219) 235-9272 FAX(219)235-9728