HomeMy WebLinkAboutAmending Certain Portions of Chapter 17 Sewers and Water ORDINANCE No. 7515-85
Passed by the Common Council of the City of South Bend, Indiana
September 9, /9 85
Attest: City Clerk
IRENE K. GAMMON
~ , J —� esident Attest: /� _ esen of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
September 10, ig 85
`�" ! ""--�-"° ✓ City Clerk
IRENE K. GAMMON
Approved and signed by mew
/WM/f---Mayor
BILL NO.
ORDINANCE NO. 7s4f':1,,s
ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CERTAIN PORTIONS OF CHAPTER 17
OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS SEWERS AND WATER
STATEMENT OF PURPOSE AND INTENT:
The City of South Bend has been ordered by the United States
Environmental Protection Agency to develop and implement a program for
the pretreatment of industrial waste . Pursuant to that mandate , an
Industrial Pretreatment Program has been developed and has received the
approval of both the United States Environmental Protection Agency and
the Indiana State Board of Health. A proposed Sewer Use Ordinance was
a part of that approved plan and the Common Council now desires to
adopt that Ordinance in order to bring the City of South Bend into
compliance with federal requirements.
SECTION I. Chapter 17, Section 17-5 of the Municipal Code of
South Bend is amended as follows :
Sec . 17-5 Definitions :
(-s-) As used in this article :
( 1) BOARD means the City of South Bend acting through its
Board of Wastewater Commissioners .
(1) (2) BOD (denoting biochemical oxygen demand) means the
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five ( 5) days at twenty
( 20) degrees Celsius, expressed in milligrams per liter.
(-2-) (3 ) BUILDING DRAIN means that part of the lowest
horizontal piping of a drainage system which receives the discharge
from soil , waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five (5) feet
( 1.5 meters) outside the inner face of the building wall .
( 3) (4) BUILDING SEWER means the extension from the building
drain to the public sewer of other place of disposal .
(-14-) (5) CITY ENGINEER means the City Engineer of the City, or
his authorized deputy, agent or representative .
( 6) CFR means Code of Federal Regulations .
(-5-) (7) COMBINED SEWER means a sewer receiving both surface
runoff and sewage .
(8) EFFLUENT DATA means information necessary to determine
the identity, amount, frequency, concentration, temperature, or other
characteristics of any pollutant discharged .
(9) EPA means The U.S. Environmental Protection Agency or a
duly authorized official of that agency.
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( 11) INDUSTRIAL WASTES (also domestic wastes) means solid,
liquid, or gaseous waste resulting from any industrial , manufacturing,
trade , or business process or from the development, recovery, or
processing of natural resources .
( 12) INTERFERENCE means the inhibition or disruption of the
Municipal sewer system, treatment processes, or operations which
contributes to a violation of any requirement of its NPDES permit,
and/or any other waste disposal permit, and/or the inhibition or
disruption of any receiving systems thereof.
( 13) MAY means the indication of a discretionary condition.
( 14) mg/1 means milligrams per liter.
( 15) NATIONAL CATEGORICAL PRETREATMENT STANDARD or
PRETREATMENT STANDARD: 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. 1347) which applies to a specific category of
nonresidential dischargers .
( 16) 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" ) .
( 17) NPDES means the National Pollutant Discharge
Elimination System permit program of the U.S. EPA.
F&}( 18) NATURAL OUTLET means any outlet into a watercourse ,
pond, ditch, lake , or other body of surface or ground water.
(-9-}( i9 ) pH means the logarithm to the base 10 of the
reciprocal of the concentration of hydrogen ions in grams per liter of
solution.
(-1-a)-(20) PLUMBING INSPECTOR means the authorized agent of
the Building Commissioner having responsibility for administration of
the provision of this Article as such may pertain to plumbing work.
(-1--) (21) PROPERLY SHREDDED GARBAGE means the wastes from the
preparation, cooking, and dispensing of food that have 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 ( 1 . 27 centimeters ) in any dimension.
(-1-. ) (22) PUBLIC SEWER means a sewer in which all owners of
abutting properties have equal rights, and is controlled by public
authority.
(-1-3-) (23) SANITARY SEWER means a sewer which carries sewage
and to which storm, surface, and groundwaters are not intentionally
admitted .
(-1-10 (24) SEWAGE means a combination of the water-carried
from residences, business building, institutions, and industrial
establishments, together with such ground, surface, and storm waters as
may be present.
(-6) (26) SEWAGE WORKS means all facilities for collecting,
pumping, treating, and disposing of sewage .
(1-7) (27) SEWER means a pipe or conduit for carrying sewage .
( 28) SHALL means mandatory.
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( 29) SLUG means a single discharge of such volume and/or
concentration as to greatly exceed the normal flow or concentration.
(--10 (30) STORM DRAIN (sometimes termed storm sewer) means a
sewer which carries storm and surface waters and drainage , but excludes
sewage and industrial wastes, other than unpolluted cooling water.
(-2-0-) (31) SUPERINTENDENT means the Superintendent of Waste
Water Treatment Plant and/or of Water Pollution Control of the City, or
his authorized deputy, agent or representative .
(-24) (32) SUSPENDED SOLIDS means solids that either float on
the surface of, or are in suspension in water, sewage , or other
liquids, and which are removable by laboratory filtering .
(-2-22) (33) WATERCOURSE means a channel in which a flow of
water occurs , either continuously or intermittently.
SECTION II. Chapter 17, Article 2, Division 5, Section 17-25
through Section 17-33 of the Municipal Code of South Bend is deleted in
its entirety and a new Chapter 17, Article 2, Division 5, Section 17-25
through Section 17-33 is included as follows :
DIVISION 5: USE OF THE PUBLIC SEWERS
Sec. 17-25. General Discharge Prohibitions .
No person shall discharge or cause to be discharged any of
the following described substances into any sanitary or storm sewer.
(a) Any liquids, solids or gases which by reason of their
nature or quantity are, or may be, considered flammable, explosive , or
injurious in any other way to the operation of the wastewater treatment
works . This section shall not prohibit fire department personnel or
other authorized municipal employees from flushing streets and sewers
which have received or contain flammable , explosive or other hazardous
materials as a result of some accident and/or malicious or negligent
action, provided however, that any such emergency discharge must be
controlled to the extent that the collection system, treatment works,
or human health are not endangered.
(b) Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in a sewer or other
interference with the proper operation of the wastewater system.
Prohibited discharges include , but are not limited to, ashes, cinders ,
sand, mud, straw, shavings, metal , glass, rags, feathers , tar,
plastics, wood, unground garbage, hair, fleshings and entrails, or any
paper or cardboard, either whole or ground by garbage grinders .
(c) Any wastewater having a pH less than 5. 5, in excess of
9. 5, or having any other corrosive property capable of causing damage
or hazard to structures, equipment, or personnel of the wastewater
system.
(d) Any waters or wastes containing pollutants which, due to
their nature or concentration, may interfere with any wastewater
treatment process, constitute a hazard to humans or animals, or
otherwise be considered toxic due to their nature or concentration,
including but not limited to the following substances :
Acenaphthene
Acrolein
Acrylonitrile
Aldrin/Dieldrin
Antimony and compounds
Arsenic and compounds
Asbestos
Benzene
Benzidine
Beryllium and compounds
Cadmium and compounds
Carbon Tetrachloride
Chlordane (technical mixture and metabolites)
Chlorinated benzenes ( other than dichlorobenzenes)
Chlorinated ethanes ( including 1, 2-dichloroethane,
1, 1, 1-trichloroethane, and hexachloroethane)
Chloroalkyl ethers (chloromethyl, chloroethyl, and mixed
ethers)
Chlorinated naphthalene
Chlorinated phenols (other than those listed elsewhere;
includes trichlorophenols and chlorinated cresols)
Chloroform
2-chlorophenol
Chromium and compounds
Copper and compounds
Cyanide s
DDT and metabolites
Dichlorobenzenes ( 1, 2-, 1,3-, and 1, 4-dichlorobenzenes)
Dichlorobenzidine
Dichloroethylenes ( 1, 1-and 1, 2-dichioroethylene)
2,4-dichlorophenol
Dichloropropane and dichloropropene
2,4-dimethylphenol
Dinitrotoluene
Diphenylhydrazine
Endosulfan and metabolites
Endrin and metabolites
Ethylbenzene
Fluoroanthene
Haloethers (other than those listed elsewhere; includes
chlorophenylphenyl ethers, bromophenylphenyl ether,
bis-(chloroethoxy) methane and polychlorinated diphenyl
ethers)
Halomethanes ( other than those listed elsewhere, includes
methylene chloromethylchoride, methylbromide , bromoform,
dichlorobromomethane, trichlorofluoromethane, dichloro-
difluoromethane)
Heptachlor and metabolites
Hexachlorobutadiene
Hexachlorocyclohexane (all isomers )
Hexachlorocyclopentadiene
Isophorone
Lead and compounds
Naphthalene
Nickel and compounds
Nitrobenzene
Nitrophenols ( Including 2,4-dinitrophenol , dinitrocresol)
Nitrosamines
Pentachlorophenol
Phenol
Phthalate esters
Polychlorinated biphenyls PCBs)
Polynuclear aromatic hydrocarbons ( including
benzanthracenes, benzopyrenes, benzofluoroanthene,
chrysenes, dibenzanthracenes, and indenopyrenes)
Selenium and compounds
Silver and compounds
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxaphene
Trichloroethylene
Vinyl chloride
Zinc and compounds
(e) Any water or waste having a temperature higher than one
hundred fifty ( 150) degrees Fahrenheit ( 65 degrees Celsius) such as to
cause the temperature of the influent of the wastewater treatment
facility to exceed one hundred four ( 104) degrees Fahrenheit ( 40
degrees Celsius) .
(f) Any water or waste containing fats, wax, grease or oils,
whether emulsified or not, in excess of one hundred (100) milligrams
per liter, or containing substances which may solidify or become
viscous at temperatures between thirty two ( 32) and one hundred fifty
( 150) degrees Fahrenheit (0 and 65 degrees Celsius) .
(g) Any substance with color which cannot be removed in the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions.
(h) Any slug load of sufficient volume or concentration as
to cause interference to the wastewater system.
( i) Any water or waste containing radioactive materials or
isotopes of such half-life or concentration as exceed limits
established by the Board of Wastewater Commissioners in compliance with
applicable State or Federal regulations .
(j ) Any noxious or malodorous liquids, solids, or gases
which either singly or by interaction are capable of creating a public
nuisance or hazard to life or are sufficient to prevent entry into the
sewers for their maintenance and repair.
(k) Any garbage that has not been sufficiently shredded to
avoid blockage or interference to the wastewater treatment system. 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 of Wastewater
Commissioners.
(1) Water or wastes with sufficient concentrations of inert
suspended solids as to cause interference with or damage to the
wastewater treatment plant.
(n) Any other substance, material , water or waste determined
by the Board of Wastewater Commissioners to be harmful to either the
sewers or wastewater treatment process or equipment, to have an adverse
effect on the receiving stream, or to be capable of otherwise
endangering life , limb , or property, or to constitute a nuisance . Such
determination by the Board shall be made only after written notice to
affected dischargers.
Sec. 17-26. Discharges into Sanitary Sewer Prohibited .
No person shall discharge or cause to be discharged any storm
water, surface water, groundwater, roof runoff, subsurface drainage ,
uncontaminated cooling water, or otherwise unpolluted waters to any
sanitary sewer.
Sec. 17-27. Discharges of Storm Water and Unpolluted
Drainage .
Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as combined
sewers or storm sewers . A natural outlet may be used if approved by
the City Engineer. Uncontaminated industrial cooling water may be
discharged, on approval of the City Engineer, to a storm sewer,
combined sewer, or natural outlet.
Sec. 17-28. Emergency Suspension of Service .
The Board of Wastewater Commissioners may for good cause
shown suspend the wastewater treatment service of any discharger when
an actual or threatened discharge presents or may present an imminent
or substantial danger to the health or welfare of persons, substantial
danger to the environment, or interfere with the operations of the
treatment plant. Any discharger notified of the suspension of
treatment service shall cease all discharges to the sewer system. In
the event the failure of any discharger to comply voluntarily with the
suspension order within the specified time, the Board of Wastewater
Commissioners shall commence judicial proceedings immediately
thereafter to compel the discharger' s compliance with the order.
Sec. 17-29. Interceptors required.
(a) 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.
(b) The owner and/or operator of interceptor equipment shall
be required to maintain certified records as to time and date of
cleaning and inspection.
Sec. 17-30. Maintenance of Treatment Equipment by Discharger.
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 Wastewater
Commissioners or its designee .
Sec. 17-31. Control manhole .
When required by the Board of Wastewater Commissioners, the
owner or lessee of any property serviced by a building sewer carrying
nondomestic wastes shall install a control manhole , together with
mGfPre Ana other aonurtenances. to facilitate observation, sampling,
Sec. 17-32. Wastewater Analysis; Sampling .
(a) All measurements, tests, and analyses of the
characteristics of water and wastes under this Article shall be
in accord with the latest edition of "Standard Methods for the
Examination of Water and Wastewater" , published by the American Public
Health Association, or "Methods for Chemical Analysis of Water and
Wastes", published by the EPA, and shall be determined at the
control manhole provided, or upon suitable samples taken at the control
manhole, or where no control manhole has been required, at the nearest
downstream manhole in the public sewer to which the building sewer is
connected .
(b) Sampling procedures shall be in accord with standards
and methods established by the U.S. EPA and in accord with the
requirements set forth in any applicable discharge permit.
( c) In order to ensure compliance with the terms and
conditions of this Article, the Bureau of Wastewater shall establish a
sampling and inspection program to provide wastewater discharge
information independent of that which is supplied by the discharger.
Sec. 17-33. Nonresidential Discharge Requirements.
(a) Limitations on Wastewater Strength.
( 1) National Categorical Pretreatment Standards as
promulgated by the U.S. Environmental Protection Agency (EPA) shall be
met by all affected nonresidential waste dischargers . An application
for modification of the National Categorical Pretreatment Standards may
be considered by the Board of Wastewater Commissioners when the
wastewater treatment plant achieves consistent removal of the
pollutants described in Article 17-25 herein.
( 2) State and local requirements and limitations on
discharges shall be met by all dischargers when such 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
Ordinance.
( 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
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(b) Accidental Discharges .
( 1) A discharger shall provide a plan of protection
from accidental discharge of prohibited or regulated substances listed
in Section 17-25(d) . Each protection plan is subject to the approval
of the Board of Wastewater Commissioners .
( 2) Dischargers shall notify the Manager of the Bureau
of Wastewater immediately upon the occurrence of a "slug" or accidental
discharge of substances prohibited by this ordinance . The notification
shall include location of discharge, date and time of occurrence, type
of waste, concentration and volume, and corrective actions . Immediate
notification may be verbal, followed by a written verification within
five days of the incident.
(c) Wastewater Discharge Permits.
( 1) It shall be unlawful to discharge sewage,
nondomestic wastes, or other wastes to any sewer outlet within the
jurisdiction of the Board of Wastewater Commissioners without having
been issued a Wastewater Discharge Permit if the discharger :
(a) is subject to National Categorial Pre-
treatment Standards as promulgated by the U.S.
EPA; or,
(b) discharges nondomestic wastewater in
the amount equal to or exceeding 25, 000 gallons
per day; or,
(c) contributes a nondomestic wastestream
exceeding 5 percent of the dry weather hydraulic
or organic capacity of the wastewater treatment
plant; or,
(d) has a reasonable potential to adversely
affect the treatment plant processes by
inhibition, pass-through of pollutants, sludge
contamination, or endangerment of treatment plant
personnel .
( 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 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 30 days after the
effective date of this Ordinance .
(d) Permit Application; Fees .
( 1) Applications for Wastewater Discharge Permits may
be procured from the Manager of the Bureau of Wastewater.
( 2) Dischargers subject to the provisions of paragraph
(c) (1) of this Ordinance shall obtain from, complete, and file with the
Manager of the Bureau of Wastewater, a permit application on a form
prescribed by the Board of Wastewater Commissioners . Said form shall
require the following conditions :
(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 ordinance, as determined by
bona fide chemical and biological analysis.
(d) Disclosure of time and duration of
discharges.
(e) Disclosure of average daily wastewater
flow rates in gallons per day, including daily,
monthly, and seasonal variations, if any. All flows
must be measured unless other verifiable techniques
are approved by the Bureau of Wastewater due to cost
or nonfeasibilitY .
(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
ordinance 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; and
(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 Bureau Manager 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) Fees required for discharge permits shall be
.mvA Qhall ho
( 4) Within 60 days after receipt of the Application for
Discharge Permit, Bureau of Wastewater personnel shall review said
application for compliance with the terms and conditions of this
Ordinance and shall make recommendations to the Manager of the Bureau
of Wastewater.
( 5) The Manager shall review the staff recommendations
and shall approve or reject the application.
( 6) If the Manager finds the applicant to be in
compliance, he shall approve the application and a Permit to Discharge
shall be issued 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 Ordinance , and affording Bureau of
Wastewater personnel access thereto.
( i) Requirements for reporting the nature of
significant changes in wastewater flow or substantial
changes in type and concentration of wastewater
constituents.
(j ) Requirements for notification of slug
discharges.
(k) Other conditions as deemed appropriate by the
Board of Wastewater Commissioners to ensure compliance
with this Ordinance .
(7) If the Manager rejects the application for
noncompliance, he shall establish a compliance schedule and require
compliance schedule reports and compliance date reports on forms
supplied by the Bureau of Wastewater.
(e) Confidentiality.
( 1) In accordance with 40 CFR Part 2, any information
submitted to the Bureau of Wastewater pursuant to these regulations may
be claimed as confidential by the submitter. Any such claim must be
asserted at the time of submission in 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 Bureau of Wastewater may make the information available
to the public without further notice. If a claim is asserted, the
information will be treated in accordance with the procedures in 40 CFR
Part 2 (Public Information) .
( 2) Information and date provided to the Bureau of
Wastewater 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 Bureau of Wastewater 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 Wastewater Commissioners reserves the
right to amend any Wastewater Discharge Permit issued hereunder in
order to assure compliance by the City with applicable laws and
regulations. Within 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 Ordinance shall be a part of this
Ordinance .
( 2) Any discharger required to obtain a Discharge
Permit under the newly promulgated standards shall apply for same
immediately upon notification by the Bureau of Wastewater.
( 3) Any current Permittee whose Wastewater Discharge
Permit is affected by newly promulgated National Categorical
Pretreatment Standards shall, upon notification by the Manager of the
Bureau of Wastewater, submit all documentation, information, and
proposed changes necessary to bring the discharger into compliance with
the new standards . Upon receipt of said information, the Bureau
Manager 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 30 days
prior to the effective date of change . Any changes or 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 Ordinance . Under special circumstances, as determined
by the Board of Wastewater Commissioners, a permit may be issued for a
period of less than five years .
(h) Limitations on Permit Transfer.
Wastewater Discharge Permits are issued to a specific
discharger for a specific operation and are not assignable to another
discharger or transferrable to any other location without the prior
written approval of the Board of Wastewater Commissioners .
( i) Reporting Requirements.
( 1) Within 90 days following commencement of the
introduction of wastewater into the wastewater system, a new Permittee
shall submit to the Manager of the Bureau of Wastewater a Baseline
Monitoring Report on forms furnished by the Bureau indicating the
nature and concentration of all prohibited or regulated substances
contained in its discharge, and the average and maximum daily flow in
gallons . The report shall state whether the applicable pretreatment
standards are being met on a consistent basis, and if not, what
additional operations, maintenance, and/or pretreatment activities are
necessary to bring the discharger into compliance with the applicable
standards .
( 2) Any Permittee subject to a pretreatment standard set
forth in this Ordinance shall submit to the Manager of the Bureau of
Wastewater during the months of June and December, unless required more
frequently by the Discharge Permit, a Periodic Compliance Report on
forms provided by the Bureau 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) 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) Reports of monitoring events shall be filed with
the Bureau of Wastewater Manager 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.
( 5) 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 .
(6) 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 Ordinance, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this
Ordinance, shall, upon conviction, be punished by the imposition of a
civil penalty of not more than $2,500 . 00.
(7) All permittees subject to Federal Categorical
Pretreatment Standards will be required to file all reports as
described in 40 CFR 403. These reports shall include baseline
4-
( 8) 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 Ordinance .
(j ) Emergency Suspension of Service and Permit.
The Board of Wastewater Commissioners may for good cause
shown suspend the wastewater treatment service and the Discharge Permit
of a nonresidential discharger when an actual or threatened discharge
presents or may present an imminent or substantial danger to the health
or welfare of persons, substantial danger to the environment, interfere
with the operations of the wastewater treatment plan, or violate any
pretreatment limits imposed by this Ordinance . Any nonresidential
discharger notified of the suspension of treatment service and/or
permit shall cease all discharges to the sewer system. In the event of
failure of the nonresidential discharger to comply voluntarily with the
suspension order within the specified time, the Board of Wastewater
Commissioners shall commence judicial proceedings immediately
thereafter to compel the Nonresidential User ' s compliance with such
order.
(k) Revocation of Permit.
The Board of Wastewater Commissioners may revoke the permit
of a nonresidential discharger which fails to :
( 1) Notification of Violation; Administrative
Adjustment.
Whenever the Board of Wastewater Commissioners finds that a
Permittee has engaged in conduct which justifies revocation of its
Permit, pursuant to Section 17-33 (k) hereof, the Board shall serve or
cause to be served upon such Permittee a written notice by certified
mail , return receipt requested, stating the nature of the alleged
violation. Within fifteen ( 15) days of the date of receipt of the
notice, the permittee shall respond in writing to the Board of
Wastewater Commissioners advising of its position with respect to the
allegations. Thereafter the parties shall meet within 15 days to
establish a plan for the satisfactory correction of all confirmed
violations.
(m) Show Cause Hearing .
Where the violation of Section 17-33(1) hereof is not
corrected by timely compliance by means of Administrative Adjustment,
the Board of Wastewater Commissioners may order any discharger which
causes or allows conduct prohibited by Section 17-33(1) hereof, to show
cause before the Board or its duly authorized representative, why the
proposed permit revocation should not be taken. A written notice shall
be served on the discharger by personal service, certified or
registered , return receipt requested, specifying the time and place of
a hearing to be held by the Board or its designee regarding the
violation, the reasons why the enforcement action is to be taken, the
proposed enforcement action, and directing the discharger to show cause
before the Board or its designee why the proposed enforcement action
should not be taken. The notice of the hearing shall be served not
less than 10 days before the hearing. Service may be made on any
agent, officer, or authorized representative of a discharger . The
proceedings at the hearing shall be considered by the Board which shall
then enter appropriate orders with respect to the alleged improper
activities of the discharger.
(n) Judicial Proceedings .
( o) Annual Publication of Significant Violators .
The Board of Wastewater Commissioners shall annually publish
in the local daily newspaper a list of the nonresidential dischargers
which were not in compliance with applicable pretreatment requirements
or standards at least once during the previous 12 months . The
notification shall also summarize any enforcement actions taken against
the dischargers during the same 12 months .
SECTION III. Chapter 17, Article 2, Division 6, Section
17-34 of the Municipal Code of South Bend is deleted in its entirety
and a new Chapter 17, Article 2, Division 6, Section 17-34 is included
as follows .
DIVISION 6: REMOVAL CREDITS
Sec. 17-34. Removal Credits.
The Board of Wastewater Commissioners may establish standards
for a removal credit system pursuant to the provisions of 40 CFR Part
403, and may incorporate removal credits into a Wastewater Discharge
Permit.
SECTION IV. Chapter 17, Article 2, Division 7, Section 17-35
of the Municipal Code of South Bend is deleted in its entirety and a
new Chapter 17, Article 2, Division 7, Section 17-35 is included as
follows :
DIVISION 7: VALIDITY OF ARTICLE
Sec. 17-35. Construction of Article .
No statement contained in this Article shall be construed as
being amendatory to or taking precedence over the provisions of Section
17-47 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.
SECTION V. Chapter 17, Article 2, Division 8, Section 17-36
through Section 17-38 of the Municipal Code of South Bend is deleted in
its entirety and a new Chapter 17, Article 2, Division 8, Section 17-36
through Section 17-38 is included as follows :
DIVISION 8: RECOVERY OF COSTS, PENALTIES, SEVERABILITY,
CONFLICT.
Sec. 17-36. Recovery of Costs.
Any Discharger violating any of the provisions of this
Ordinance, or who discharges or causes a discharge producing a deposit
or obstruction, or causes damage to or impairs the wastewater treatment
and collection system (including all receiving systems) under the
jurisdiction of the Board shall be liable to the Board for any expense,
loss, or damage caused by such violation or discharge . The Board shall
bill the Discharger for the costs incurred by the City for any
cleaning, repair, replacement work caused by the violation or
discharge .
Sec. 17-37. Civil Penalties .
Any discharger found to be in violation of any provision of
this Ordinance shall, upon conviction, be fined Five hundred (500)
dollars for the first offense; One thousand ( 1000) dollars for the
i_____ n___ n /nrnn\
Sec. 17-38. Severability and Conflicts.
a) If any provision, paragraph, work, section or chapter of
this Ordinance is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, works, sections, and chapters
shall not be affected and shall continue in full force and effect.
b) All other Ordinances and parts of other Ordinances
inconsistent or conflicting with any part of this Ordinance are hereby
repealed to the extent of such inconsistency or conflict .
SECTION VI. This Ordinance shall be in full force and effect
after passage by the Common Council , approval by the Mayor and legal
publication.
Member of the Com e Co ncil
® :v ��,Il,l�,r/,�y�,. ∎ CITY of SOUTH END
aw `\PEACE��iti A ROGER O. PARENT, Mayor
t 1,0, -;-._e-(‘1`.=TikstA ;
(4 44 *!1i ® COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
John E. Leszczynski
Director, Public Works (219) 284-9251
August 14, 1985
Members of the Common Council
4th Floor, County-City Building
South Bend , Indiana 46601
RE: Sewer Use Ordinance - Industrial
Pretreatment Program
Dear Council Members :
As you know the City of South Bend is under a mandate from the
United States Environmental Protection Agency to develop and implement
an Industrial Pretreatment Program. Acting through the Board of
Wastewater Commissioners, the City has developed such a program and its
program has been tentatively approved by both the U.S. EPA and the
Indiana State Department of Health. The final step required to bring
the City of South Bend into compliance with federal law is the passage
of the Sewer Use Ordinance which is a part of that approved plan. The
Sewer Use Ordinance is being submitted to you at this time for your
consideration.
The passage of this ordinance will complete the steps necessary to
satisfy all requirements of the United States Environmental Protection
Agency.
Yours truly,
(9.-g—,A2 F
John E. Leszczynski
JEL:jj :C