HomeMy WebLinkAboutS-74-18 Updates Sewer Use OrdinanceSPONSOR: Councilor Rider
ORDINANCE NO. S-74-18
VERSION A
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL
INDIANA, REPEALING AND REPLACING CHAPTER 9, ARTICLE 3 OF THE
CARMEL CITY CODE
Synopsis: Ordinance repeals the existing Sewer Use Ordinance and replaces it with
a newer version that meets current state and federal standards.
WHEREAS, pursuant to Indiana Code 36-9-23, the City of Carmel, Indiana (the "City")
may establish, operate, and maintain a sanitary sewer system for its residents; and
WHEREAS, in order for the City and its citizens, businesses and industries not unduly to
pollute any streams, or the subsurface ground waters in Carmel and its environs, it is necessary
for the City to maintain a sewerage system and a plant for the treatment of sewage, and to adopt
and to enforce regulations relating to such system and the use thereof by persons, business and
industries interconnected with such system, and to comply with applicable state and federal
regulations and laws; and
WHEREAS, the Indiana Department of Environmental Management ("IDEM") has
promulgated new regulations and requirements regarding the operation of municipal sanitary
sewer systems; and
WHEREAS, IDEM has approved the revised Carmel Sewer Use Ordinance;
WHEREAS, in order to comply with applicable IDEM and federal regulations, the
Common Council of the City of Carmel, Indiana, now finds that it is in the interests of the public
safety and welfare to repeal the current Sewer Use Ordinance in its entirety and replace it with a
revised, updated Sewer Use Ordinance.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Chapter 9, Article 3 of the Carmel City Code is hereby repealed in its entirety
and is hereby replaced to read as follows:
"ARTICLE 3 — SEWER SERVICE
Division I. General Provisions
9-100 Purpose and Policy
This ordinance sets forth uniform requirements for Users of the POTW for the City of
Carmel and enables the City to comply with all applicable state and federal laws, including the
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Clean Water Act (33 U.S.C. section 1251 et seq.) and the General Pretreatment Regulations (40
CFR Part 403). The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the POTW that will interfere with
its operation;
(b) To prevent the introduction of pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters, or otherwise be incompatible
with the POTW;
(c) To protect both the public and POTW personnel who may be affected by
wastewater and sludge during their employment;
(d) To promote reuse and recycling of industrial wastewater and sludge from the
POTW; and
(e) To enable the City to comply with the City's NPDES permit conditions, sludge
use and disposal requirements, and any other federal or state laws to which the
POTW is subject.
9-101 Administration
Except as otherwise provided herein, the Utility Director shall administer, implement,
and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the
Utility Director may be delegated by the Utility Director to a duly authorized City employee.
9-102 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
AO — Agreed Order
BOD — Biochemical Oxygen Demand
BMP — Best Management Practice
BMR — Baseline Monitoring Report
CBOD — Carbonaceous Biochemical Oxygen Demand
CFR — Code of Federal Regulations
CIU — Categorical Industrial User
COD — Chemical Oxygen Demand
gpd — gallons per day
IDEM — Indiana Department of Environmental Management
IU — Industrial User
IWP — Industrial Wastewater Pretreatment
mg/l — milligrams per liter
NOV — Notice of Violation
NPDES — National Pollutant Discharge Elimination System
NSCIU — Non -Significant Categorical Industrial User
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POTW — Publicly Owned Treatment Works
RCRA — Resource Conservation and Recovery Act
SIU — Significant Industrial User
SNC — Significant Noncompliance
TSS — Total Suspended Solids
UV - Ultraviolet
U.S.C. — United States Code
USEPA — U.S. Environmental Protection Agency
9-103 Definitions
Unless otherwise defined herein, terms shall be as adopted in the latest approved edition
of "Standard Methods for the Examination of Water and Wastewater" (Standard Methods)
published by the American Public Health Association, and American Water Works Association,
and the Water Environment Federation and as set forth in 40 CFR Part 136. Waste constituents
and characteristics shall be measured by techniques prescribed in 40 CFR Part 136 and
amendments thereto unless a mutually agreed upon acceptable alternative method is adopted, or
in such other method established by state or federal regulatory agencies. Monitoring and
metering will be carried out by customarily accepted methods.
"Act" - Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water
Quality Act of in 1987, 33 U.S.C. §1251, et. seq.
"Authorized Representative of Industrial Users" - Means:
(a) In the case of a corporation, a president, a secretary, treasurer, or vice president of
the corporation in charge of a principal business function;
(b) In the case of a partnership or proprietorship, a general partner or proprietor; and
(c) An authorized representative of the individual designated above if (a) such
representative is responsible for the overall operation of the facilities from which
the discharge into the POTW originates; (b) the authorization is in writing and (c)
the written authorization is submitted to the Utility Director.
"Beneficial Uses" - These include, but are not limited to, domestic, municipal, agricultural and
industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the
preservation and enhancement of fish, wildlife and other aquatic resources or reserves,
and other uses, both tangible or intangible, as specified by state or federal law.
"Best Management Practices" (BMPs) — Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the General
Discharge Prohibitions contained in Division III, below. BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also
include alternative means (i. e., management plans) of complying with, or in place of,
certain established Pretreatment Standards and effluent limits.
"Biochemical Oxygen Demand" (BOD) — the BOD of sewage, sewage effluent, polluted waters
or industrial wastes shall mean the quantity of dissolved oxygen in milligrams per liter
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required during stabilization of the decomposable organic matter by aerobic biochemical
action under standard laboratory procedures for five days at 20° Celsius. The laboratory
determinations of BOD shall be made in accordance with procedures set forth in
Standard Methods, therein and conventionally referred to as BOD5.
"Board" — The Board of Public Works and Safety of the City of Carmel. It is the governing body
of the sewerage system of the City, which is a public service.
"Building Drain" - The lowest horizontal piping of a building drainage system which receives
the discharge from soil, waste, and other drainage pipes inside a building and conveys it
to a point outside of the building.
(a) Sanitary Building Drain - A building drain which conveys sanitary or industrial
sewage only.
(b) Storm Building Drain - A building drain which conveys storm water or other
clear -water drainage, but no wastewater.
"Bypass" - the intentional diversion of waste streams from any portion of an Industrial User's
treatment facility.
"Carbonaceous Biochemical Oxygen Demand" (CBOD) — the CBOD of sewage, sewage
effluent polluted waters or industrial wastes shall mean the quantity of dissolved oxygen
in milligrams per liter required during stabilization of the decomposable organic matter
by aerobic biochemical action under standard laboratory procedures for five days at 20°
Celsius. The laboratory determinations of CBOD shall be made in accordance with
procedures set forth in Standard Methods therein and conventionally referred to as
CBOD.
"Categorical Industrial User'— an Industrial User subject to a National Categorical Pretreatment
Standard or Categorical Standard.
"Chemical Oxygen Demand" (COD) — the COD of sewage, sewage effluent, polluted waters or
industrial wastes is a measure of the oxygen equivalent of that portion of the organic
matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The
laboratory determination shall be made in accordance with procedures set forth in
Standard Methods.
"City" — The City of Carmel, Indiana.
"Combined Sewer" - A sewer which carries storm, surface or groundwater runoff in addition to
sewage.
"Compatible Pollutants" - Wastewater having or containing (a) measurable biochemical oxygen
demand, (b) suspended solids, (c) pH, (d) fecal coliform bacteria, or (e) additional
pollutants identified or defined in the City's National Pollutant Discharge Elimination
System (NPDES) permit or by the State or Board.
"Composite Sample" - A Composite Sample should contain a minimum of four discrete samples,
taken at equal time intervals over the compositing period or proportional to the flow rate
over the compositing period. More than the minimum number of discrete samples will be
required where the wastewater loading is highly variable.
"Constituents and Characteristics" (of wastewater) - The chemical, physical, bacteriological and
radiological properties, including volume, flow rate and such other properties which
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serve to define, classify or measure the contents, quality, quantity and strength of
wastewater.
"Daily Maximum" — the arithmetic average of all effluent samples for a pollutant collected
during a calendar day.
"Daily Maximum Limit" — the maximum allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where Daily Maximum
Limits are expressed in terms of a concentration, the daily discharge is the arithmetic
average measurement of the pollutant concentration derived from all measurements taken
that day.
"Debt Service Charge" - A charge levied on Users of a treatment works to fund debt service, on
outstanding revenue bonds and current capital Costs.
"Effluent" - The water, together with any wastes that may be present, flowing out of a drain,
sewer, receptacle or outlet.
"Existing Source" — any source of discharge that is not a "New Source."
"Floatable FOG" — Fat, oil, or grease in a physical state, such that it will separate by gravity from
wastewater by treatment in a pretreatment facility approved by the City.
"FOG" - (All Fats, Oils and Grease, Petroleum Products and By -Products.) Fats, Oils and Grease
as found in food service facilities include but are not limited to, any substance such as
vegetable or animal product that is used in, or is a by-product of, the cooking or food
preparation process, and that turns or may turn viscous or solidifies with a change in
temperature or other conditions. Petroleum, Oils and Grease as found in auto service
facilities include, but are not limited to, any substance such as petroleum oil, non -
biodegradable cutting oil or products of mineral oil origin that is used in, or is a by-
product of, an automotive process. These substances are detectable and measurable using
analytical test procedures established in 40 CFR Part 136, as may be amended from time
to time.
"FOG Facility" or "FOG Facilities" - Any non-domestic User or combination of Users that
generates FOG.
"FOG Equipment" - Includes oil -water separators, grease traps, and grease interceptors.
"Garbage" - Any solid wastes from the preparation, cooking, or dispensing of food or from the
handling, storage or sale of produce.
"Grab Sample" — An individual discrete sample collected over a period not exceeding 15 minutes
and characterizes the quality of the discharge at a given time.
"Grease Interceptor" - An outdoor, watertight receptacle utilized to intercept, collect, and restrict
the passage of FOG and food particles into the POTW to which the receptacle is directly
or indirectly connected, and to separate and retain FOG and food particles from the
wastewater discharged by a facility. An interceptor shall be sized and configured per
good engineering standards and approved by the Utility Director.
"Grease Trap" - An indoor, watertight receptacle utilized to intercept, collect, and restrict the
passage of FOG and food particles into the POTW to which the receptacle is directly or
indirectly connected, and to separate and retain FOG and food particles from the
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wastewater discharged by a facility. A trap shall be sized and configured per good
engineering standards and approved by the Utility Director.
"Hauled or Trucked Pollutants" - Wastes, including holding tank waste, which is trucked or
hauled from any location prior to discharge to the POTW treatment plant, collection
system, or by any other conveyance.
"Incompatible Pollutants" - Any pollutants which are not compatible pollutants.
"IDEM" - Indiana Department of Environmental Management.
"Indirect Discharger" - means any User introducing non-domestic pollutants into the POTW,
regardless of whether the discharger is in the governmental jurisdiction of the City.
"Industrial Wastes" - Any solid, liquid or gaseous substance or form of energy discharged,
permitted to flow into or enter the sewerage system or ground from an industrial,
manufacturing, commercial or business process or from the development, recovery or
processing of any natural resource carried on by any person and shall further mean any
waste from an Industrial User, but not including sanitary sewage or storm water.
"Industrial Wastewater Pretreatment Permit" (IWP Permit) — permits issued by IDEM to
categorical dischargers and significant industrial users located in non -delegated
pretreatment cities that discharge industrial process wastewater to the POTW.
"Infiltration" - The water, other than wastewater, entering the sewerage system directly or via
private sewers, building drains and building sewers connected therewith, from the
ground, through such means as, but not limited to, defective pipe joints, connections, or
manhole walls.
"Inflow" — Water, other than wastewater, entering the sewerage system from sources such as
cellars, yard areas, foundation drains, sump pumps, drains from springs and swampy
areas, manhole areas, cross connections between storm and sanitary sewers, catch basins,
cooling towers, storm water, surface runoff or drainage.
"Inspector" - A person authorized by the City to perform inspection duties assigned to him by the
Utility Director or his designee.
"Interference" - any discharge that, alone or in conjunction with a discharge or discharges from
other sources, does one of the following:
(a) Inhibits or disrupts the POTW, its treatment processes or operations, its sludge
processes, or its selected sludge use or disposal methods.
(b) Causes a violation of any requirement of the POTW's NPDES permit, including
an increase in the magnitude or duration of a violation.
(c) Prevents the use of the POTW's sewage sludge or its sludge disposal method
selected in compliance with the following statutory provisions, regulations, or
permits issued thereunder or more stringent federal, state, or local laws, rules, or
regulations:
(1) Section 405 of the Clean Water Act (33 U.S.C. 1345), as it may be
amended.
(2) The Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), as it may be
amended, including:
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i. Title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), as it may be amended; and
ii. the rules contained in any state sludge management plan prepared
pursuant to Subtitle D of the SWDA (42 U.S.C. 6941), as it may be
amended.
(3) The Clean Air Act (42 U.S.C. 7401), as it maybe amended.
(4) The Toxic Substances Control Act (15 U.S.C. 2601), as it maybe amended.
"Lateral Sewer" - The extension from the building drain to the sewerage system or other place of
disposal.
"Local Limit" — specific discharge limits developed and enforced by the City upon industrial or
commercial facilities to implement the General Discharge Prohibitions contained in
Division III, below.
"May" - means that the act referred to is both permissible and approved.
"Medical Waste" — isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
"Monthly Average" — the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
"Monthly Average Limit" — the highest allowable average of "daily discharges" over a calendar
month, calculated as the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
"National Categorical Pretreatment Standard" — Any regulation that applies to Industrial Users
and contains pollutant discharge limits promulgated by the USEPA in accordance with s§
307(b) and (c) of the Act (33 U.S.C. 1251 et seq.), which applies to a specific category of
Industrial Users.
"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 an 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
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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 paragraph (a)(2)
or (3) above but otherwise alters, replaces, or adds to existing processes or
production equipment.
(c) Construction of a New Source as defined under this paragraph has commenced if
the owner or operator has:
(1) Begun, or caused to begin, as part of a continuous onsite construction
program:
i. Any placement, assembly, or installation of facilities or equipment; or
ii. Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities that 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 that are intended to be used in its operation within a reasonable
time. Options to purchase or contracts that 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.
"Noncontact Cooling Water" — water used for cooling that does not come into direct contact with
any raw material, intermediate product, waste product, or finished product.
"Normal Domestic Sewage" - Sewage discharged by Residential Users.
"NPDES Permit" - National Pollutant Discharge Elimination System permit, a permit issued
under the national program for issuing, modifying, revoking and reissuing, terminating,
denying, monitoring and enforcing permits for the discharge of pollutants from point
sources and imposing and enforcing pretreatment requirements by the USEPA or the
State pursuant to Sections 307, 318, 402 and 405 of the Act.
"Nuisance" - Any substance which is injurious to health or offensive to the senses or an
obstruction to the free use of property so as to interfere with the comfort or enjoyment of
life or property.
"Oil -Water Separator" - A device which utilizes the difference in density between oil, petroleum
products or chemical products, and water for removal.
"Operation and Maintenance" - All expenses related directly to operating and maintaining,
including replacement, the sewage works as identified in the "Uniform System of
Accounts for Wastewater Utilities" or as prescribed by the Indiana State Board of
Accounts under the general headings, Plant Operation and Maintenance, Sewer Operation
and Maintenance, Customer Accounts, Administrative and General, Insurance and Taxes.
"Pass Through" - A discharge proceeding through a POTW into Waters of the State in quantities
or concentrations that, alone or in conjunction with a discharge or discharges from other
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sources, is a cause of a violation of any requirement of the POTW's NPDES permit,
including an increase in the magnitude or duration of a violation.
"Person" - any individual, partnership, firm, company, corporation, association, joint stock
company, trust, estate, governmental entity or any other legal entity, or their legal
representatives, agency or assigns. The masculine gender shall include the feminine, the
singular shall include the plural where indicated by the content.
"pH" - The measure of the relative acidity or alkalinity of water and is defined as the negative
logarithm (base 10) of the hydrogen ion concentration.
"Pollutant" - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, toxic wastes, hazardous substances, biological
materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt and industrial, municipal, commercial, and agricultural waste or any other
contaminant discharged into water.
"Pretreatment" or "Treatment" - The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature and pollutant properties in wastewater prior to or
in lieu of discharging or otherwise introducing the pollutants into a POTW or waterway.
The reduction or alteration can be obtained by physical, chemical or biological processes,
process changes, or by other means, except dilution as prohibited in 40 CFR 403.6 (d)
and 327 IAC 5-18-4.
"Pretreatment Standard" Or "Standard" - any local, state or federal regulation containing
pollutant discharge limits. This term includes Local Limits, prohibitive discharge limits
including those promulgated under 40 CFR 403.5, National Categorical Pretreatment
Standards under 40 CFR Chapter 1, Subchapter N, and other pretreatment requirements
established in 327 IAC 5-18.
"Prohibited Discharges" - A User may not introduce into a POTW any pollutant(s) which cause
Pass Through or Interference. These general prohibitions and the specific prohibitions in
Division III apply to each User introducing pollutants into a POTW whether or not the
User is subject to other Pretreatment Standards or any national, State, or local
Pretreatment Requirements.
"Public Sewer" - A sewer owned by the City and/or a sewer to which all owners of abutting
properties have equal rights, and which is under the control of the POTW.
"Publicly Owned Treatment Works" (POTW) - a treatment works includes any devices and
systems used in the storage, treatment, recycling, and reclamation of municipal sewage
and compatible industrial waste. The systems include sewers, pipes, and equipment used
to convey wastewater to the treatment facility. This term also refers to the municipality
of Carmel, which has jurisdiction over the indirect discharges to and the discharges from
the treatment works.
"Receiving Stream" - West Fork of the White River.
"Replacement" - 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 designated and
constructed. The term "operation and maintenance" includes replacement.
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"Sanitary Sewage" - Sewage such as, and having the characteristics of, domestic sewage from
dwellings (including apartment houses and hotels), office buildings, factories or
institutions, free from storm and surface water and industrial wastes.
"Sanitary Sewer" - A sewer intended to carry only sanitary or sanitary and industrial waste
waters from residences, commercial buildings, industrial plants and institutions.
"Septage Permits" — Any Septage Services Provider must possess a valid permit from IDEM. A land
application permit from IDEM's Office of Land Quality must be obtained prior to the land
application of septage.
"Septage Services Provider" — Any person providing or engaging in Septage Wastewater management
that pumps septic tanks and/or transports septage for disposal.
"Septage Wastewater" — Wastewater from domestic septic tanks, holding tanks, privies, seepage pits,
cesspools, compost toilets, portable sanitary units or "restaurant" grease (animal/vegetable only)
from traps or interceptors.
"Septic Tank Waste" — Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
"Severe Property Damage" - substantial physical damage to property or the treatment facilities
which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in production.
"Sewage" — Human excrement and gray water (household showers, dishwashing operations,
etc.).
"Sewer" - A pipe or conduit laid for carrying sewage or other liquids and solids suspended or
entrained therein.
"Sewer Charge" - The total of the User Charge and the Debt Service Charge.
"Sewerage System" - The network of publicly owned sewers and appurtenances used for
collection, transporting, and pumping wastewater to the POTW, and the POTW itself.
"Shall" - means the act referred to is mandatory.
"Shredded Garbage" - Garbage that is shredded to such a degree that all particles will be carried
freely in suspension under the conditions normally prevailing in the sewerage system,
with no particle being greater than one-half (1/2) inch in dimension.
"Significant Industrial User" (SIU) - the term SIU means:
(a) All Industrial Users subject to Pretreatment Standards under 40 CFR Chapter I,
Subchapter N and 327 IAC 5-17-23, discharging to the POTW.
(b) An Industrial User that discharges an average of 25,000 gallons per day (gpd) or
more of process wastewater to the POTW (excluding sanitary, non -contact
cooling and boiler blowdown wastewater);
(c) An Industrial User that contributes a process waste stream which makes up five
percent or more of the average dry weather hydraulic or organic capacity of the
POTW; or
(d) An Industrial User that is designated as such by the Utility Director on the basis
that the Industrial User has a reasonable potential for adversely affecting the
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POTW's operation or violating any pretreatment standard or requirement in
accordance with 40 CFR Chapter I, Subchapter N, 327 IAC 5-18, and Local
Limits.
(e) The Utility Director may determine that an Industrial User (subject to
Pretreatment Standards under 40 CFR Chapter I, Subchapter N) is a
nonsignificant categorical Industrial User rather than a significant Industrial User
if the Industrial User never discharges more than 100 gpd of total categorical
wastewater (excluding sanitary, noncontact cooling and boiler blowdown
wastewater, unless specifically included in the pretreatment standard) and the
following conditions are met:
(1) The Industrial User, prior to the Utility Director's findings, has consistently
complied with all applicable Pretreatment Standards and requirements.
(2) The Industrial User annually submits the certification statement required in
40 CFR Part 403.12(q) together with any additional information necessary
to support the certification statement.
(3) The Industrial User never discharges any untreated concentrated wastewater.
(f) The Utility Director may: (1) on his own initiative; or (2) in response to a petition
received from an Industrial User or a POTW and in accordance with 327 IAC 5-
19-3(6); determine that an Industrial User is not a significant Industrial User.
"Significant Noncompliance" — Means the status of an Industrial User that has caused or allowed
a violation that meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent or more of all the measurements taken during a six-month period
exceed (by any magnitude) the daily maximum limit or the average limit for the
same pollutant parameter;
(b) Technical Review Criteria (TRC) violation, defined here as those in which thirty-
three percent or more of all the measurements for each pollutant parameter taken
during a six-month period equal or exceed the product of the daily maximum limit
or the average limit multiplied by the applicable TRC (TRC=1.4 for CBOD, TSS,
fats, oil, and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum or long-term
average) that the Utility Director determined has caused, alone or in combination
with other discharges, interference or pass through (including endangering the
health of POTW personnel or the public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW's exercise of its
emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for
starting construction, completing construction, or attaining final compliance;
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(f) Failure to provide, within 45 days after the due date, required reports such as
baseline monitoring reports, 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 or group of violations which the Utilities determines will
adversely affect the operation or implementation of the local pretreatment
program.
"Slug Discharge" — Any discharge at a flow rate or concentration that could cause a violation of
the General Discharge Prohibitions contained in Division III, below. A Slug Discharge is
any discharge of a non -routine episodic nature, including but not limited to an accidental
spill or a non -customary batch discharge, which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the POTW's regulations, Local
Limits, or permit conditions.
"State" - the State of Indiana.
"Storm Sewer" - A sewer intended to carry only storm waters, surface runoff, street wash waters
and drainage. A sewer designed to transport only storm and surface water and does not
lead to a wastewater treatment facility.
"Storm Water" — Any flow occurring during or following any form of natural precipitation and
resulting from such precipitation, including snowmelt.
"Surcharge" - A charge for sewerage services in addition to the basic sewer charge. This charge
is assessed Users whose sewage is of such a nature that it imposes upon the POTW a
burden greater than that covered by the basic User charge.
"Suspended Solids" - 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 (mg/L). Quantitative
determinations shall be made in accordance with procedures set forth in Standard
Methods.
"Total Suspended Solids" (TSS) - The value of the test for Total Suspended Solids, as described
in the latest approved edition of Standard Methods.
"Toxic Pollutant" - any pollutant or combination of pollutants identified as toxic pursuant to
Section 307(a) of the Act or other Federal Statutes or in regulations promulgated by the
State under state law.
"Upset" - an exceptional incident in which there is unintentional and temporary noncompliance
with Pretreatment Standards because of factors beyond the reasonable control of the
Industrial User. An Upset does not include noncompliance to the extent caused by
operational error, improperly designed pretreatment facilities, inadequate pretreatment
facilities, lack of preventive maintenance, or careless or improper operation.
"USEPA" - means United States Environmental Protection Agency.
"User" - A person who introduces into or discharges into, including both the owner and occupant
of real estate from which is introduced or discharged into the sewerage system, or
tributary to the POTW, any substance whatever.
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"User Charge" - A charge levied on Users of a treatment works, or that portion of the ad -valorem
taxes paid by a User, for the User's proportionate share of the cost of operation and
maintenance including replacement of such works.
"User Classes"
(a) "Residential User" - A User who introduces only normal domestic sewage from a
single family or multifamily dwelling into the sewerage system.
(b) "Commercial User" - Transit lodging, retail and wholesale establishments or
places engaged in providing merchandise for personal, household or industrial
consumption and or rendering services to others.
(c) "Institutional User"- A publicly or privately owned school, hospital, nursing
home, prison, or other similar institution whose wastes are segregated domestic
wastes.
(d) "Governmental User" - A User engaged in legislative, judicial or administrative
activities of federal, state and local governments, such as court houses, police and
fire stations, city halls and similar Governmental Users.
(e) "Industrial User" - Any Indirect Discharger who discharges industrial wastes as
defined in Section 9-103 of this ordinance.
(f) Clay Township Regional Waste District ("CTRWD"), serves its own customer
base and transmits wastewater to the City for treatment pursuant to a special
agreement approved by the Board. The CTRWD is deemed a User of the Carmel
sewerage system and wastewater discharges that flow from the CTRWD to the
City of Carmel sewerage system shall comply with this Ordinance.
(g) Citizens Wastewater of Westfield, LLC ("Citizens Wastewater of Westfield"),
serves its own customer base and transmits wastewater to the City for wholesale
treatment as a successor in interest and pursuant to that certain Municipal
Wastewater Service Agreement between the City of Carmel and the Town of
Westfield ("Westfield Agreement"). The Citizens Wastewater of Westfield is
deemed a User of the Carmel sewerage system and wastewater discharges that
flow from the Citizens Wastewater of Westfield system to the City of Carmel
sewerage system shall comply with this ordinance.
"Utilities" - The City of Carmel Utilities, the Utility Director subject to the control in all matters
of the Sewer Department, and authorized or designated personnel.
"Utility Director'— The person designated by the City to supervise the operation of the POTW,
and who is charged with certain duties and responsibilities by this ordinance. The term
also means a duly authorized representative of the Utility Director.
"Waste" - Sanitary sewage and all other waste substance liquid, solid, gaseous, or radioactive,
associated with human habitation, or of human or animal origin, or from any producing,
processing manufacturing or industrial operation of whatever nature, including such
waste placed within containers of whatever nature prior to, and for purposes of, disposal.
"Wastewater" - The liquid and water -carried industrial wastes and sewage from residences,
business buildings, institutions and industrial establishments, singular or in any
combination, together with such ground, surface and storm waters as may be present.
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SPONSOR: Councilor Rider
"Wastewater Treatment Plant" - Any arrangement of devices and structures used by the City for
treatment and disposing of sewage, sludge, and other sewage constituents and products.
"Waters of the State" - The accumulations of water, surface and underground, natural and
artificial, public and private; or a part of the accumulation of water that are wholly or
partially within, flow through or border upon Indiana. The term does not include an
exempt isolated wetland, a private pond or an off -stream pond, reservoir, wetland or other
facility built for reduction or control of pollution or cooling of water before discharge.
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs,
aquifers, irrigation systems, drainage systems and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof. Also includes, the
floodplain free-flowing waters determined by the Department of Natural Resources based
on 100 -year flood frequency.
9-104 Bylaws and Regulations of the Board of Public Works and Safety
The Board of Public Works and Safety may adopt and enforce such reasonable
regulations not in conflict herewith as it may be deemed necessary for the safe economical and
efficient management of the City sewerage system and POTW and for the construction and use
of building (or house) lateral sewers and connections to the sewerage system, which regulations
may include limitations of, prohibition of, introduction of, or infiltration by storm water, surface
water, and ground water into the sewerage- system.
9-105 Damaging, Defacing, etc., Sewerage Works Property
A person shall not maliciously, willfully or recklessly break damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a part of the City
sewerage system.
9-106 Right of Entry
Representatives of the City, the State and the USEPA, upon showing proper
identification, shall have the right to enter and inspect the premises of any User who may be
subject to the requirements of this ordinance. Users shall allow authorized representatives of the
City, State and USEPA access to all premises for inspecting, sampling, observing, measuring,
examining records or copying records in the performance of their duties. Authorized
representatives of the City, State and USEPA shall have the right to place on the User's property
such devises as are necessary to conduct sampling and monitoring. Where a User has security or
safety measures in force which would require clearance, training, or wearing of special
protective gear, the User shall make necessary arrangements at its own expense, to enable
authorized representatives of the City, State, and USEPA to enter and inspect the premises as
guaranteed by this paragraph. For purposes of this section, the City will be provided right of
entry to CTRWD and Citizens Wastewater of Westfield customers in accordance with their
special agreements.
9-107 Legal Authority
Throughout the Sewerage System, the Board of Public Works and the Utility Director
have the legal authority to:
(a) develop and enforce specific limits on prohibited substances;
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SPONSOR: Councilor Rider
(b) enter the premises of any Industrial User to conduct inspections, surveillance,
record review and/or monitoring, as necessary to determine compliance with this
Ordinance and, if applicable, any effective industrial wastewater pretreatment
permit;
(c) accept or deny any new or increase discharges from any indirect discharger;
(d) immediately halt or prevent any discharge of pollutants to the POTW which
reasonably appears to present an imminent endangerment to the health or welfare
of the public, the environment, and/or which threatens to interfere with the
operation of the POTW;
(e) require compliance with all applicable Pretreatment Standards and requirements
by indirect discharges;
(f) impose fees, if necessary to offset the cost incurred by the permittee for
administering the pretreatment program requirements established in Division V of
this Ordinance; and
(g) impose fines in accordance with Division VII of this Ordinance.
Division H. Connection to Sewerage System
9-108 Privies, Septic Tanks, Cesspools
Except as otherwise provided by the Board, the City, or the State of Indiana or any of its
agencies, a person shall not construct or maintain a privy, septic tank, cesspool or other facility
intended or used for the disposal of wastewater, except that, existing septic tank systems and
fields may be repaired and maintained in accordance with applicable laws and ordinance.
9-109 When Connection to the Sewerage System is Required
Any person constructing a new house or other building for occupancy, employment,
recreation, industrial or commercial activity within the City and abutting on any street, alley or
easement in which there is now located a public sanitary or combined sewers or along or across
which there is access to such a sewer, must connect to such sewer in accord with applicable
ordinances, standards and regulations, and shall not discharge sewage elsewhere than into the
sewerage system.
9-110 Construction of Building (or house) Lateral Sewers
The size, shape, alignment, materials or construction of a building (or house) lateral
sewer and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling
the trench shall conform to the requirement of building and plumbing codes and other applicable
rules and regulations of the City and be at the user's expense.
(a) Determining Significant Industrial Users (SIU)
Each Commercial and Industrial User shall supply the City with information
about expected wastewater constituents, and characteristics to be used in determining
whether or not the User will be an SIU.
(b) Separate Sewer Requirements
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SPONSOR: Councilor Rider
A separate and independent building (or house) lateral sewer shall be provided for
every building (or house), except where one building (or house) stands at the rear of
another or an interior lot and no private sewer is available or can be constructed to the
rear building (or house) through an adjoining alley courts yard, or driveway. In such
cases, the building (or house) lateral sewer from the front building (or house) may be
extended to the rear building (or house) and the whole considered as one building (or
house) lateral sewer.
(c) Use of Old Building (or House) Lateral Sewer for a New Building (or House)
Old building (or house) lateral sewers may be used in connection with new
buildings (or houses) only when they are determined, upon examination and tested by the
inspector, to meet all requirements of this ordinance. Whenever reasonably possible, the
building (or house) lateral sewer shall be brought to the building (or house) at an
elevation below the basement floor. In all buildings (or houses) in which any building (or
house) drain is too low to permit gravity flow to the public sewer, wastewater carried by
such building (or house) drain shall be lifted by an appropriate means and discharged to
the building (or house) lateral sewer.
(d) Inspection: Supervision of Connection
The applicant for the building (or house) lateral sewer permit shall notify the
Utility Director when a building (or house) lateral sewer is ready for inspection and
connection to the sewerage system. The connection shall be made under the supervision
of the Inspector or his representative using materials and techniques conforming to the
requirement of the Utility Director and at the applicant's expense. The applicant shall
give notice before the burial or covering of the lateral sewer and shall not cover or bury
the sewer until the inspection is complete and the connection approved. The initial
inspection is included in the sewer connection fee. Re -inspections and other items or
services will be provided at the user's expense. A fee of $73 will be assessed to the user
for each re -inspection.
9-111 Connection of Other Water Sources
(e) Prohibited Connections
(1) No person shall henceforth make or allow the continued connection of roof
downspouts or leaders, interior or exterior foundation drains, cleanouts,
sump pumps, cellar, yard and area drains, cooling water discharges, drains
from springs or swampy areas, or other sources of surface, storm or
groundwater to a structure sewer or structure drain which is connected,
either directly or indirectly, to the sanitary sewer system. However, interior
or exterior perimeter building foundation drains connected directly into the
sanitary sewer system will be exempt from the provisions of this section if
the connect point is not accessible and the connection was made prior to
December 9, 1959.
(2) Swimming pool water, boiler blowdown, or other clear waters which may
contain chemicals or pollutants which cannot be discharged to a natural
outlet, shall not be discharged to the sanitary sewers without specific prior
written approval by the Utility Director.
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SPONSOR: Councilor Rider
(3) Whenever a property owner has plumbing facilities in his basement serving
showers, toilets, washing machines, etc., there shall not be any floor drains
or footing drains connected to said plumbing that may convey ground water
seepage into the sewer system. The property owner shall provide dedicated
plumbing and pumping systems for sewage. The property owner shall bear
the cost of disconnecting non -sanitary connections. The plumbing shall not
be interconnected with sump pumps, footing drains and floor drains.
(4) Open -sided parking garages are to be constructed in a manner that
accumulated stormwater is discharged to the stormwater system. Closed -
sided parking garages are to be constructed in a manner that accumulated
wastewater is discharged to the sanitary sewer.
(5) Drainage from elevator shafts are to be constructed in a manner that
accumulated groundwater and wastewater are discharged to the sanitary
sewer.
(f) Request for Inspection
Upon a written mailed request from the City to person or persons of billing
record, the person or persons of billing record shall contact the Utilities Department
Administration Office within ten working days to schedule an inspection time and date
for inspection. There shall be no fee charged for inspection.
(g) Access and Entry
(1) The City shall have the right to inspect any parcel of real estate and/or
structure to determine compliance with this section. When possible,
appointments will be scheduled at least 24 hours in advance and at a
reasonable hour.
(2) The inspection representative shall show his City identification card at the
entrance of the structure to the resident and request entrance.
(h) Disconnect Order
(1) The Utility Director may issue an order directing the owner or the lessee of
the real estate or structure to disconnect or repair all private infiltration or
inflow waters from the sanitary sewer system. The order shall be effective
no less than 60 days from its date of issuance. The order may state a
deadline for compliance, but such deadline shall, in no event, be more than
three months after issuance of the order.
(2) Within 30 days after receipt of the order the owner or lessee may request a
review hearing before the Board of Public Works by filing a written request
with the Utility Director. The filing of such request shall act as a stay of the
order. After such hearing, the Board of Public Works may affirm, set aside
or modify such order, but the Board of Public Works shall have no authority
to set aside or modify the order unless convinced that no private infiltration
or inflow exists on the premises.
(i) Abatement of Nuisance
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SPONSOR: Councilor Rider
In addition to or in lieu of prosecution in Municipal Court, the Utility Director
may maintain a civil action by injunction, in the name of the City, to abate and
temporarily or permanently enjoin the continuation of the private infiltration and/or
inflow as a nuisance, in any court of competent jurisdiction.
0) Financial Assistance
Financial assistance in the form of a partial reimbursement through a credit given
on the monthly sewer bill shall be given for the actual removal of private infiltration and
inflow waters. This credit shall be provided to persons who receive and promptly comply
with the disconnect order issued pursuant to subsection (d) above. The reimbursement
shall be in the amount and subject to the terms and conditions set out in subsection (g)
below.
(k) Credit Procedure
(1) Upon confirmation by the Utility Director that a private infiltration or inflow
source exists, the Utility Director shall issue a disconnect order for
prohibited connections as defined in subsection (a) to the persons of billing
record.
(2) The person of billing record shall comply with the order by either
performing the work or having the work done by a licensed plumbing or
sewer contractor. The credit shall be issued in either the case of hiring a
professional or the person of billing record actually doing the work.
(3) All work shall be done in a professional manner and in compliance with
adopted codes and regulations.
(4) After completion of the work the Utilities Department shall re -inspect the
premises to verify compliance with the disconnect order and that the work
was done properly. The inspector will also determine if there are any other
sources of private infiltration and inflow sources on the property. Credit will
not be given until all sources are removed properly.
(5) Upon verification of compliance with this section, the City shall credit the
person of billing record monthly sewer bill. The credit rates are fixed
amounts and shall not be increased or decreased on an individual basis. The
credit shall be granted in either the case of hiring a professional plumber or
the owner actually doing the work.
(6) The credit amounts will be as follows:
Source Description
Minimum Amount
Directly connected storm sump pump
$250 per single
structure
Directly connected storm sump pump with diverter
valve
$50 per single
residence
Downspout or leader
$35 each
Cap/repair cleanout
$15 each
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SPONSOR: Councilor Rider
(6) The total amount of Credits issued shall not exceed $600 per structure or
parcel of real estate. The Utility Director shall have the discretion to allow
additional credits in excess of $600 only when there are special
circumstances under which the cost of removing the connection is
abnormally high.
(7) Credit will be given on the monthly bill, with subsequent credits given
during each monthly billing until the credit is depleted.
(8) Acceptance of credit shall constitute consent to a re -inspection of the
premises by the City within five years following the date of compliance
verification. Such inspection will be done for the sole purpose of verifying
continued compliance with this section and will be carried out as stated in
subsections (b) and (c).
(9) In the event that the house or building is not owned by the person of billing
record and in such a case is not responsible for repairs or disconnections
mentioned in this section, the owner shall complete the work and submit a
claim for reimbursement by check to the City. Checks will not be issued
until compliance is verified.
(10) In the event that the person of billing record complies with the disconnect or
repair notice in a timely fashion, but moves from the residence before
receiving full credit, a claim shall be submitted to the City for
reimbursement by check.
(11) Property owners requesting an inspection of their own volition shall be
eligible to receive credits after the Utility Director determines that there is
an existing prohibited connection, and after an inspection, has verified that
the prohibited connection has been removed.
9-112 Extensions Outside of the City
A person shall not directly or indirectly make any connections with or openings into the
sewerage system for the purpose of serving any areas outside the corporate boundaries of the
City without first securing: (i) a specific resolution of the Board describing the real estate and
property to be served and authorizing such connection; and (ii) any other necessary approvals,
including those from other utilities authorized to serve in the area at issue.
9-113 Prohibition of Discharge to Natural Outlets
It shall be unlawful to discharge to any natural outlet within the City of Carmel or in any
area under the jurisdiction of said City, any sewage or other polluted waters except where
suitable treatment has been provided in accordance with subsequent, provisions of this
ordinance.
9-114 Right to Prohibit New Connections
The City shall have the right to prohibit new connections for any reason, including but
not limited to, when the excess capacity of the sewerage system is deemed insufficient by the
Board to accommodate the expected flow, CBOD and/or Suspended Solids loading from the
prospective Sewer User.
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SPONSOR: Councilor Rider
Division III. Wastewater Admissibility
9-115 General Discharge Prohibitions
No person shall discharge to the sewerage system any of the following:
(a) Any substance or pollutant, which because of its nature or quantity, could pass
through the POTW or cause Interference with the operation or performance of the
POTW regardless of whether the User is subject to Pretreatment Standards or
state, local, or any other national pretreatment standard or requirement.
(b) Any substances or pollutants which because of their nature or quantity, create a
fire or explosive hazard to the POTW or to the operation of the POTW, including
but not limited to, any pollutant that could create a fire or explosion hazard,
including waste streams with a closed cup flashpoint of less than 140° Fahrenheit
(60° Centigrade) using the test methods specified in 40 CFR Part 261.21.
Examples of these pollutants include, but are not limited to; gasoline, benzene,
naphtha, fuel oil, kerosene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides or other
flammable or explosive liquid, solid, or gas.
(c) Any wastewater with a pH lower than 6.0 or higher than 9.0; or having any other
corrosive property capable of causing damage or hazard to POTW structures and
equipment, personnel of the POTW, or interference with any treatment process.
(d) Any solid or viscous pollutant which may cause obstruction to the flow in a sewer
or other interference with the operation of the waste treatment facilities such as,
but not limited to; fats, oil and grease (FOG), ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, blood paunch manure,
hair and fleshing, entrails, paper, dishes, cups, solid materials, un -shredded
garbage with particles greater than one-half inch (1/2") in any dimension, or any
material which can be disposed of as trash.
(e) Any pollutant, including oxygen demanding pollutants (such as BOD), released in
a discharge, at a flow rate, and/or pollutant concentration (including any slug
load), which may cause interference to the POTW.
(f) Heat in wastewater that could inhibit biological activity in the POTW treatment
plant resulting in interference or damage, or wastewater which causes the
temperature at the introduction into the treatment plant to exceed 104° F (40° Q.
(g) Any petroleum, oil, non -biodegradable cutting oil or products of mineral oil
origin in an amount that could cause interference or pass-through.
(h) Any water or wastes containing a toxic or poisonous substance, or any gases,
vapors or fumes, in sufficient quantity to injure or interfere with any sewage
treatment process or to constitute a hazard to humans or animals, or to create any
hazard in the receiving waters of the treatment plant.
(i) Any pollutant which could cause, threaten to cause, or is capable of causing either
alone or by interaction with other substances, a danger to life, health or safety of
personnel within the POTW.
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SPONSOR: Councilor Rider
(j) Any pollutant which may cause a public nuisance, hazard to life or prevent entry
into the sewers for maintenance and repair.
(k) Any pollutant that may cause the POTW's effluent or any other product of the
treatment process, residues, sludges, biosolids, or scum, to be unsuitable for
reclamation, land application, disposal, or to interfere with the reclamation
process, or to fail to meet any of the limitations set by any Federal or State
agency, or the terms of the City's NPDES Permit, the Non -Site Specific Biosolids
Land Application Permit or the Biosolids Marketing and Distribution Permit.
(1) Any pollutant that produces discoloration or any other condition that interferes
with control of the treatment process.
(m) Any pollutant that may cause interference with the Ultraviolet (UV) disinfection
process.
(n) Sludges, screening, or other residues from the pretreatment of industrial wastes.
(o) Medical wastes, except as specifically authorized by the City in a written
wastewater discharge permit. Special provisions may be required by the City for
grinder pumps, screens, or other waste handling systems.
(p) Wastewater causing, alone or in conjunction with other sources, the treatment
plant's effluent to fail a toxicity test.
(q) Any wastes containing detergents, surface-active agents (surfactants), or other
substances which may cause excessive foaming in the POTW or receiving stream.
(r) Wastewater, alone or in conjunction with other sources, containing mercury in
amounts that result in the POTW violating any portion of its NPDES permit.
(s) Any waters or wastes containing phenols or other taste -producing or odor -
producing substances, in concentrations exceeding limits which may be
established by the City or its designee as necessary, after treatment of the
composite sewage, to meet the requirements of the state, federal, or other public
agencies of jurisdiction of discharge to the receiving waters.
(t) Unusual concentrations of inert suspended solids, such as, but not limited to,
fuller's earth, lime slurries and lime residues; or of dissolved solids, such as, but
not limited to, sodium chloride and sodium sulfate. Fuller's earth is a clay
material that may decolorize oil or other liquids without chemical treatment. Uses
include absorbent, filtering, clarifying and decolorizing.
(u) Radioactive wastes.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
9-116 Trucked or Hauled Pollutants
(a) No User shall discharge any trucked or hauled pollutants to the POTW, unless
prior written permission is provided by the City. The hauler must possess a valid
waste haulers permit from the City; pay applicable permit fees; maintain valid
vehicle licenses; and only discharge to the POTW at a point designated by the
Utility Director.
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SPONSOR: Councilor Rider
(b) In the event the City allows trucked or hauled pollutants to be discharged to the
POTW, the Utility Director shall:
(1) Obtain and retain, for a minimum of forty-eight hours, samples that are
representative of the hauled or trucked pollutants;
(2) Analyze the samples obtained in the event that the permittee believes or has
reason to believe that the hauled or trucked pollutants may be causing and
/or contributing to pass-through and or interference; and
(3) Maintain records for each discharge of trucked or hauled pollutants into the
POTW in accordance with the POTW's NPDES permit.
9-117 Prohibition of Dilution
No User shall ever increase the use of process water or, in any way attempt to dilute a
discharge as partial or complete substitute for adequate treatment to achieve compliance with any
required pretreatment standard of the City or under any law, unless expressly authorized by an
applicable pretreatment standard or requirement. The Utility Director may impose mass
limitations on Users who are using dilution to meet applicable pretreatment standards or
requirements, or in other cases when the imposition of mass limitations is appropriate.
9-118 Prohibition of Unpolluted Waters
Unpolluted water, including, but not limited to City water, cooling water, process water
or blowdown from cooling towers or evaporative coolers shall not be discharged through direct
or indirect connection to the sewerage system for purposes of diluting wastewater to reduce
sewer rates or charges of the User or as a substitute for adequate treatment to achieve compliance
with any Pretreatment Standard or Requirement. Limitations on the amount of unpolluted water
that is discharged shall be part of an SIU permit.
9-119 Limitations on the Use of Garbage Grinders
Only properly shredded garbage, as defined in Section 9-103, may be discharged into the
sewerage system.
9-120 Limitations on Wastewater Strength
The Board shall have the legal authority to establish and enforce specific limits on
substances; compatible, prohibited, or otherwise. Prohibited and/or limited substances have
constituents and characteristics which singly or in combination may damage structures, impair
the operation of the wastewater treatment plant that serves the POTW, interfere with or may
overload treatment processes, or impair the quality of the Receiving Stream(s) or its tributaries.
Prohibited and/or limited substances include, but are not limited to, the following constituents
and characteristics, with maximum concentration as shown in this section.
(a) An Industrial User discharging Compatible Pollutants (as defined in 9-103) above
the following limits, shall be subject to surcharges as described in Section 9-170:
Parameter
Daily Maximum
Discharge Limit
CBOD
250 mg/L
COD where BOD cannot be determined
500 mg/L
Total Suspended Solids
250 mg/L
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Ammonia 1 15 mg/1
(b) A User shall not discharge any wastewater containing concentration more than a
temperature higher than 140° F (65.5° C); or heat in amounts which will inhibit
biological activity in the POTW resulting in interference, but in no case heat in
such quantities that the temperature entering the POTW exceeds 40° C (104° F)
unless the IDEM, upon request of the Utility Director, approves alternate
temperature limits.:
(c) Local Limits. A User shall not discharge any wastewater containing
concentration in excess of:
Parameter
Discharge Limits
pH minimum
6.0 standard units
pH maximum
9.0 standard units
Arsenic
10 mg/L
Cadmium
0.69 mg/L
Chromium, hexavalent (as a Daily Maximum Limit)
0.25 mg/L
Chromium, hexavalent (as a Monthly Average Limit)
0.09 mg/L
Chromium, total
2.77 mg/L
Copper
3.38 mg/L
Cyanide, amenable (as a Daily Maximum Limit)
0.02 mg/L
Cyanide, amenable (as a Monthly Average Limit)
0.08 mg/L
Cyanide, total (as a Daily Maximum Limit)
1.2 mg/L
Cyanide, total (as a Monthly Average Limit)
0.65 mg/L
Iron
1,500 mg/L
Lead
0.69 mg/L
Mercury
0.020 mg/L
Molybdenum
0.5 mg/L
Nickel
3.98 mg/L
Selenium
40 mg/L
Silver
0.43 mg/L
Zinc
2.61 mg/L
Oil and Grease
100 mg/L
Phenolic Compounds which cannot be removed by the
City wastewater treatment process
1.0 mg/L
Note 1: The Discharge Limit is the daily maximum unless otherwise specified.
(d) A User shall not discharge any wastewater in concentrations other than stated in
this section.
(e) A User shall not discharge any other substance or concentration thereof prohibited
to all Users or classes of Users by state or federal law, or regulation now or
hereafter adopted by the Board.
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(f) The limitations imposed herein and found by the Board to be those attainable by
the best practical technology. Limitations adopted by the Board shall in all cases
be based on the best practical technology.
9-121 Right to Reject Waste
The Utility Director shall have the right to reject waste and prohibit the introduction of
rejected waste into the sewerage system or the Utility Director may require pretreatment of the
waste when the strength or character of the waste is such that it could cause damage to or
interfere with the operation of the sewerage system. When pretreatment is necessary, the
pretreated wastes must meet the restrictions contained in the Pretreatment Standard (40 CFR
Chapter I, Subchapter N).
9-122 Limitations on Point of Discharge
No person shall discharge any substance directly into a manhole or other opening in the
sewerage system, other than through the approved building (or house) lateral sewer, except in
accordance with the terms of this ordinance and under a Special Agreement as provided in
Section 9-123.
9-123 Special Agreements for the Disposal of Wastewater
Special agreements and arrangements for the disposal of wastewater, between the City
and any person may be established by the City not inconsistent with the terms and intent of this
ordinance when, in the opinion of the Board, the following provisions are met;
(a) The agreement and the wastewater do not violate any admissibility standards
within Division III of this ordinance.
(b) The agreement is in the best interest of the City.
(c) The person requesting the agreement must provide an estimated amount and a
description of all pollutants that could be expected to be in the wastewater, at least
two days prior to the disposal. The City reserves the right to require a detailed
pollutant analysis of the wastewater, at the User's cost, for any individual disposal
requested.
(d) Specific disposal times and locations for wastewaters are detailed in the Special
Agreements, dependent upon the nature of the wastewater to be disposed.
(e) The person disposing is required to pay the applicable fees as described in the
latest version of the Special Agreement.
Division Ii. Fats, Oils and Grease (FOG) Requirements
9-124 FOG Facility Designation
(a) A FOG Facility is a site or User that discharges or has the potential to discharge to
the sewerage system wastes which cause, threaten to cause, or are capable of
causing either alone or by interaction with other substances: obstruction of flow in
the sewerage system, injury to the system, or damage to the wastewater
collection, treatment, or disposal facilities.
(b) Fog Facilities include, but are not limited to, the following:
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(1) all restaurants and food service establishments which may include truck
stops and gas stations,
(2) all industrial or commercial enterprises when, in the opinion of the Utility
Director, the facility has the potential to discharge fats, oils, or greases in
concentrations deemed potentially detrimental to the City's collection or
treatment system,
(3) facilities that will be expanded or renovated to include a FOG facility,
i. newly constructed facilities that could or will include FOG facilities,
and
ii. new multiuse facilities.
9-125 FOG Facility Requirements
All FOG facilities shall:
(a) obtain a Non -Residential Sewer Usage Permit from the City;
(b) provide FOG equipment that is approved by the Utility Director and in
compliance with this Ordinance;
(c) size and configure FOG equipment per common engineering standards and
plumbing codes for such devices to prevent excess discharge of FOG;
(d) have FOG Equipment properly installed per the current Plumbing Codes and in
accordance with this Ordinance;
(e) locate FOG Equipment in areas where maintenance and inspections can be easily
performed;
(f) have FOG Equipment inspected by the Utility Director prior to operation;
(g) modify their current plumbing to prevent the introduction of FOG into the sewer
if the facility does not have plumbing connections to FOG equipment;
(h) install, operate and maintain the FOG equipment in accordance with the
manufacturer's recommendations, as directed by the City's FOG Control &
Pretreatment Program, and in compliance with this ordinance;
(i) install, operate and maintain FOG equipment at the User's expense;
(j) assume all responsibility in the sizing, plumbing configuration, and items
connected or discharged by the FOG equipment; and
(k) notify the Utility Director before the installation, removal or modification of any
FOG equipment and associated plumbing.
9-126 Permit Application
FOG Facilities proposing to install FOG equipment shall complete and submit the Non -
Residential Sewer Usage Permit to the Utility Director prior to installing the equipment. The
Utility Director will approve or deny the proposed FOG Equipment. Once approved, the Utility
Director will inspect the FOG equipment installation, identify any corrective actions, and
approve or deny operation of the FOG Equipment. A FOG Facility shall start operations only
after approval from the Utility Director.
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9-127 User/Equipment Requirements
The User of FOG equipment shall:
(a) be responsible for the maintenance of the FOG equipment, or the owner in the
case of multiple users;
(b) maintain the equipment to not allow discharge of FOG concentrations that will
cause excessive accumulation of materials in downstream sewer lines and/or
manholes;
(c) not accumulate floatable FOG material and/or settled solids that exceeds 25% the
FOG Equipment capacity, unless otherwise recommended by the manufacturer;
(d) service all large -volume (typically outside and in -ground) grease interceptors to
maintain minimum design capacity as needed, but at least once every 90 days;
(e) service all grease traps (typically inside) to maintain minimum design capacity as
required (potentially weekly), or upon a frequency requested by the City;
(f) be responsible for increased maintenance and cleaning beyond the base
maintenance requirements of this Ordinance, if needed, to maintain an acceptable
FOG level;
(g) remove the garbage grinding device if the Utility Director determines that ground
garbage is a factor in excessive accumulation of materials in downstream sewers
or manholes;
(h) not use enzymes, detergents, or other emulsifying additives to clean or prevent the
accumulation of FOG in equipment;
(i) follow the City's FOG Control & Pretreatment Program; and
(j) train and verify that all employees and/or tenants are informed about the FOG
program and best management practices to assist the City with compliance.
9-128 FOG Equipment Inspections
(a) All FOG Equipment may be inspected by the Utility Director as necessary to
assure compliance with this Ordinance. The initial installation inspection is
included in the sewer connection fee. Re -inspections and other items or services
will be provided at the user's expense. A fee of $73 will be assessed to the user
for each re -inspection.
(b) A City representative, bearing proper identification, shall be granted access to all
parts of the premises of a FOG facility for the purpose of inspection, observation,
record examination, measurement, sampling and testing in accordance with this
Ordinance. It is the responsibility and obligation of the User of the FOG facility to
open the equipment to allow the City representative access for inspections; refusal
of entry will be considered a violation of this ordinance.
(c) The Utility Director shall inspect FOG Facilities and equipment periodically
during both scheduled and unscheduled visits as part of the FOG Control &
Pretreatment Program to ensure compliance with this Ordinance.
(d) City personnel will inspect FOG Facilities and equipment per the FOG Control &
Pretreatment Program Facility Inspection & Compliance Checklist.
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(e) Based on the inspection, the Utility Director may require repair, modification, or
replacement of FOG Equipment at the User's expense.
(f) Based on the inspection, the Utility Director may issue a Notice of Violation,
fines, penalties or enforcement actions as indicated in Division VII.
(g) Re -inspection fees and reimbursement costs are considered in addition to fines
and/or penalties associated with enforcement actions and are developed on a case-
by-case basis. A fee of $73 will be assessed to the user for each re -inspection.
9-129 FOG Reporting and Recordkeeping Requirements
The User of FOG equipment shall:
(a) provide, on demand, to the Utility Director, sufficient information for the Utility
Director to determine if the user is a FOG facility;
(b) provide all records of service and maintenance on the FOG equipment to the
Utility Director during inspections and upon request;
(c) maintain written FOG equipment maintenance records for one year;
(d) maintain FOG removal service tickets or manifests from FOG Equipment;
(e) signature and date of FOG facility manager or responsible party confirming
service completion;
(f) report, in writing, their FOG equipment maintenance records to the Utility
Director quarterly; and
(g) report to the Utility Director, in writing, any discharge within 24 hours of an
event.
9-130 Changes in Ownership
Any change in ownership of a FOG facility will be recognized as a new FOG facility and
shall comply with the City's discharge limits in accordance with this Ordinance. In the event the
occupant changes, building usage changes, and/or new construction occurs upon any FOG
facility, and/or where a change in occupancy, change in building usage, and or new construction
would cause a non -FOG facility to become a FOG facility, the User shall notify the Utility
Director, in writing, of the changes within 30 days of the date the change takes place or prior to
the installation of FOG equipment.
9-131 FOG Facility Permit Modification
if:
A FOG facility may request a modification to an existing permit and/or FOG equipment
(a) the User petitions the City for such modifications and provides all requested
information, and, if in the Utility Director's opinion, the modification is
warranted;
(b) the User submits the Modification Request Form with the associated fee of $100;
and
(c) the User submits the modification request prior to changing the FOG equipment
or connections.
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(d) A User may apply for a modification based on demonstrated consistent use of
Best Management Practices in dealing with FOG for at least 90 days.
Division V Industrial Pretreatment Program
9-132 Applicable Users
These requirements are intended to protect the POTW from discharges, not necessarily
only those from manufacturing industries, which may adversely affect plant operations or permit
compliance. The user classes subject to this section include:
(a) An industrial user subject to Pretreatment Standards and issued a IWP Permit by
the State,
(b) A user meeting the definition of a SIU in accordance with Section 9-103, unless
specifically exempted by the City, or
(c) Any user deemed by the Utility Director that may have an adverse impact on the
POTW.
(d) For purposes of this section, CTRWD and Citizens Wastewater of Westfield are
to implement a pretreatment program for applicable users in their respective
customer bases that meets or exceeds the requirements of Division V.
9-133 Industrial Waste Survey / User Inventory
The Utility Director shall conduct an Industrial Waste Survey, at a minimum of once
every two years, to determine the Industrial Users that discharge non-domestic wastewater to the
POTW. The City uses this survey information to maintain an inventory of all Industrial Users.
This inventory details each Industrial User, where it is located, the nature of the wastes being
discharged, and whether or not they are an SIU. The Utility Director may issue a Notice of
Violation of this Ordinance if an Industrial User fails to submit the survey to the POTW.
9-134 SIU Requirements
(a) Any User proposing to connect or to discharge sewage, industrial wastes or other
wastes to the sewerage system, or any other User on demand of the Utility
Director, shall provide the Utility Director with sufficient information to
determine if the facility is a SIU. The Utility Director will inform the User if it is
determined the User is subject to this section.
(b) A SIU holding an IWP Permit from the State of Indiana is prima facie and subject
to this section. The holder of an IWP Permit from the State shall file with the
Utility Director a copy of each report or application submitted to the State on the
same day as it is filed with the State. Each User who applies to the State for an
IWP Permit shall similarly file a copy of such application and all supporting
documents with the Utility Director on the same day as the State.
9-135 Changes in Facility Conditions or Discharge
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(a) SIUs with an IWP Permit will follow the permit modification provisions
described in their IWP Permit and submit copies to the Utility Director.
(b) All other SIUs must notify the Utility Director of any planned changes to the
User's operations or system which might alter the nature, quality, or volume of its
wastewater at least 90 days before the change.
(c) The Utility Director may require the SIU to submit any information as may be
deemed necessary to evaluate the changed condition. Planned significant changes
include, but are not limited to:
(1) Expansion or addition of wastewater generating production lines or
processes;
(2) Projected increases of 20% or greater in monthly flow over the previous
year's highest monthly flow, or annual average flow over the previous
year's annual average flow; and/or
(3) The discharge of any previously unreported pollutants.
(d) The Utility Director shall review any proposed new or increased discharge to
ensure it is admissible under Division III of this ordinance.
(e) The City retain the right to deny any new or increased discharge in order to ensure
compliance with this ordinance, state and federal pretreatment standards and
requirements.
9-136 Change in Ownership or Business
(a) SIUs with an IWP Permit will follow the permit transferability provisions
described in their IWP Permit and submit copies to with the Utility Director.
(b) All other SIUs with a change in ownership will be recognized as a new industrial
facility and shall comply with the City's discharge limits in accordance with this
Ordinance.
(c) Discharge approval for an SIU shall not be reassigned or transferred or sold to a
new owner, new User, different premises or a new or changed operation without
prior notification to and approved by the Utility Director.
(d) Any subsequent changes in the discharge or method of operation shall be reported
to and approved by the Utility Director prior to the SIU's initiation of the
changes.
(e) If a change in a business occurs, the property owner and/or User shall inform the
Utility Director of the change within 30 days, and inform the Utility Director of
the new type of business that is currently operating at said location.
9-137 Potential Problems
(a) SIUs with an IWP Permit will follow the Upset, accidental discharge, and bypass
provisions described in their IWP Permit and submit copies to the Utility
Director.
(b) All other SIUs shall notify the Utility Director immediately of all discharges that
could cause problems or harm to the POTW. This would include any of the
incidences below:
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(1) Bypass of pretreatment facilities or equipment,
(2) Accidental discharges,
(3) Slug Load or Slug Discharge,
(4) Batch or other non -customary discharges that could cause Pass Through or
Interference at the POTW, and/or
(5) Upsets.
9-138 Notification to the City
(a) SIUs with an IWP Permit will follow the notification provisions described in their
IWP Permit and submit copies to the Utility Director.
(b) For all other SIUs, if an SIU knows in advance of a potential problem, it shall
notify the Utility Director, if possible, at least 10 days before the date of the event.
(1) An SIU shall verbally notify the Utility Director of any unanticipated flow
that exceeds prohibited discharges as described in Divisions III and V or
other requirements as soon as the User becomes aware of the Bypass that is
in violation.
(2) Verbal notifications shall include: the date, time, location and duration of
the discharge; the type of waste including concentration and volume; any
corrective actions taken by the User.
(3) If requested by the Utility Director, the SIU shall also provide a written
notification within five days of the event. The written submission shall
contain: a description of the bypass and its cause; the volume and duration
of the bypass, including exact times and dates, and if the bypass has not
been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent recurrence of the event.
9-139 Pretreatment Program General Requirements
(a) SIUs shall provide necessary wastewater treatment as required, to comply with
the most stringent limitations of this ordinance, Pretreatment Standards (40 CFR
Chapter N, Subpart I) where applicable, State standards, and shall achieve
compliance with all Pretreatment Standards within the time limitations as
specified by the federal pretreatment regulations, and with any other Pretreatment
Standards by applicable deadlines.
(b) SIUs required to pretreat wastewater shall provide, operate, and maintain the
pretreatment facilities at the User's expense.
(c) SIUs issued an IWP Permit shall also comply with this Ordinance.
(d) Detailed plans showing the pretreatment facilities and operating procedures shall
be submitted to the Utility Director for review, and shall be approved by the
Utility Director before construction of the facility. The review and approval of
plans and operating procedures does not relieve the Industrial User from
complying with the provisions of this ordinance and permit conditions.
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(e) Whenever deemed necessary, the Utility Director may require Users to restrict
their discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage waste streams from industrial waste streams, and such
other conditions as may be necessary to protect the POTW and determine the
User's compliance with the requirements of this ordinance.
(f) The Utility Director may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage and flow -
control facility to ensure equalization of flow.
(g) Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
9-140 Monitoring of SIUs
(a) The Utility Director will conduct monitoring on all SIUs, no less than twice per
calendar year.
(b) Monitoring of SIUs can be either scheduled or unscheduled
(c) The charge for each monitoring period shall be $250 per day, plus all analytical
costs.
(d) SIUs with batch discharges shall notify the Utility Director at least 24 hours prior
to discharge upon request of the Utility Director.
(e) In addition to the monitoring fee, each SIU with an IWP Permit shall install at its
own expense a suitable control manhole or other access means, together with such
necessary appurtenances in or on each building lateral sewer to facilitate
observations, sampling and measurement of the wastewater. Such manholes or
other access means and sampling and testing devices shall be constructed and
maintained in a safe and proper condition to the Utility Director's satisfaction, as
detailed in building and plumbing codes and other applicable rules and
regulations of the City and specified in Division II of this ordinance. Although
this access point shall be constructed at the expense of the User, it shall be under
the control of the City. If locating such facilities on a SIU's property would be
impractical, the SIU may apply to the City for a right-of-way or for permission to
construct on public property.
(f) The City shall provide necessary sampling equipment during a monitoring period
for control manholes or other access means. Sampling equipment shall, unless
otherwise specified by the Utility Director, include a device for automatically
measuring flow and a device for automatically taking a composite sample of
wastewater during a 24 hour period. There shall be ample room in or near
facilities to allow accurate sampling and preparation of samples for analysis.
(g) The City shall implement the applicable monitoring requirements:
(1) During each monitoring period, measure the volume of flow and sample and
analyze the discharge from each SIU for all parameters contained in the
IWP Permit, with the exception of Total Toxic Organics (TTOs).
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(2) The City will follow the sample types, sample location and analytical
methods identified in the user's IWP Permit or in accordance with 40 CFR
Part 136.
(3) Sample and analyze parameters to determine compliance with the
requirements of Division III of this ordinance.
9-141 Inspecting SIUs
(a) The Utility Director shall implement a program of inspecting all SIUs in
accordance with the following minimum requirements:
(1) conduct inspections for each SIU, no less than once annually,
(2) during each inspection conducted, evaluate areas including, but not limited
to, the following:
pretreatment system(s);
11spill reporting and response procedures;
iii. sampling location; and
i V. disposal of sludge and other waste streams not regulated by the IWP
Permit,
(3) The Utility Director shall inspect any IU, including an SIU with an IWP
Permit, as necessary to:
i. achieve and/or maintain compliance with the requirements of the
NPDES permit; and/or
ii. determine compliance with the requirements of this Ordinance.
(b) The Utility Director shall, for each inspection conducted, complete a report,
utilizing an inspection report form that is at least equivalent to the form that is
available from IDEM.
(c) Industrial User inspections can be either scheduled or unscheduled. Scheduled
inspections may be used when specific information is needed from specific
facility personnel. However, unscheduled inspections may be needed to provide a
more accurate reflection of an Industrial User's compliance status. Inspections
are designed to allow the City to assess the following:
(1) Current compliance status,
(2) Completeness and accuracy of the facility's recordkeeping,
(3) Operation and maintenance of the facility's pretreatment system,
(4) Adequacy of the facility's self-monitoring and reporting requirements,
(5) Adequacy of imposed limits on pollutants of concern,
(6) Potential for spills and slug loadings,
(7) Facility's slug control plan or their need to develop one,
(8) Any non -compliances requiring resolution, and
(9) Facility data to be used in support of enforcement actions.
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9-142 Reporting Requirements for SIUs
(a) SIUs with an IWP Permit will follow the reporting provisions described in their
IWP Permit and submit copies to the Utility Director.
(b) All other SIUs shall follow the notification requirements described in Sections 9-
135 through 9-138.
(c) If a SIU samples their discharge and analyzes it for parameters described in
Division III, the SIU will submit the analytical report to the Utility Director.
9-143 Accidental Discharge/Slug Control/Solvent Management Plans
(a) All SIUs with an IWP Permit required to complete and submit a plan shall submit
a copy of the plan(s) to the Utility Director for review.
(b) The Utility Director shall evaluate whether other SIUs need a plan or other action
to control slug discharges. The Utility Director may require any user to develop,
submit for approval, and implement such a plan or take other action that may be
necessary to control slug discharges. An accidental discharge/slug control/solvent
management plan shall address, at a minimum, the following:
(1) Description of discharge practices, including non -routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Utility Director of any accidental
or slug discharge that would violate a prohibition under 327 IAC 5-18 or
Division III and procedures for follow-up written notification within five
days;
(4) Procedures to prevent adverse impact from any accidental or slug discharge
including, but are not limited to, the following:
i. inspection and maintenance of storage areas,
ii. handling and transfer of materials,
iii. loading and unloading operations,
iv. control of plant site run-off,
V. worker training,
vi. building of containment structures or equipment,
vii. measures for containing toxic organic pollutants (including solvents),
and
viii. measures and equipment for emergency response.
9-144 Reservation of Sections for Future Use
The following Sections are reserved for future use: 9-144 through 9-157.
Division VL Sewer Charges, Surcharges and Service Fees
9-158 Persons Subject to Fees and Sewer Charges
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For the use and service rendered by the sewerage works, sewer charges shall be collected
from the person who owns each and every parcel of real estate that is connected directly or
indirectly to the City's sewerage system or otherwise discharges wastewater either directly or
indirectly into the sewerage system of the City, which sewer charges shall be payable as
provided in this article.
9-159 Commencement of Charges Upon First Discharge and Extension to Additional
Property
The sewer charges fixed by this article shall become effective at the time the user first
discharges to the sewerage system. These sewer charges shall be extended to and cover any
additional premises thereafter served, without the necessity of any hearing or notice.
9-160 Rate Basis
The sewer flow charges shall be based on the quantity of water as measured by the water meter
used on or in the premises subject to such sewer charges, except as otherwise provided in this article.
9-161 Monthly Reading of Meters
Water meters shall be read once each month, or at the option of the City, at other intervals.
9-162 Reserved for Future Use
9-163 Procedure When Single Meter Serves More Than One User
In the event two or more premises including apartments and trailers discharging
wastewater into the City's sewerage system, either directly or indirectly, are consumers of water,
and the quantity of water is measured by a single water meter, then in such case billing shall be
for a single service in the manner set out elsewhere herein, except that the minimum bill per
month shall not be less than the number of such units times $3.65. The Board may require that
separate water meters be installed in any such case.
9-164 Portion of Water Not Entering Sewerage System
In the case of a user utilizing more than 1,000 gallons of water per average workday, who
can substantiate to the City that a portion of said water does not and cannot enter the sewerage
system, the Board shall either determine the portion of the measured water to be used in
determining the appropriate sewer charges, or approve the manner and technique of flow
measurement provided by the user for determining wastewater discharged to the sewerage
system. Facilities utilized to accomplish this shall be installed and maintained in a serviceable
condition by the user at his expense, but shall be under the exclusive control of the City.
9-165 Sewer Billing Procedure Generally
(a) Sewer billings and invoices shall be rendered and collected approximately
monthly.
(b) The Board shall make and enforce such bylaws and regulations as may be deemed
necessary for the regulation, collection, rebating and refunding of the sewer
charges prescribed by this section of this article.
(c) The Board may, on proper cause being shown by the applicant that in a singular
occurrence, metered water did not reach the sewerage system, adjust the user's
sewer charge with respect to such occurrence.
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(d) SIUs with a flow in excess of 50,000 gallons per average workday shall have
billing determined on the basis of wastewater discharged as monitored per Section
9-140, except as described in (e) of this section.
(e) At its option, the Board may accept monitoring data and information from such a
SIUs to substantiate billing determination on a more frequent basis than as
established in Section 9-140. Such allowance, however, does not exempt the SIU
from the surveillance survey fee set by the Board to offset the costs of monitoring
performed by the City.
(f) In the event there is a difference in analytical results that is not explainable by
normal variation in the testing procedure, the user may, within 30 days of billing,
appeal to the Board.
9-166 Residential Users of Sewer Services—Summer Sewer Relief.
(a) In order that residential users of sewer services shall not be penalized for watering their
lawns during the months of May, June, July, August, September and October (the
"Summer Sewer Relief period"), the billing for such sewer charges shall be calculated as
follows:
The consumption for the previous five months of November through March shall be
reviewed, and the lowest and highest consumption months during this period shall be
omitted. The user's residential water consumption during the remaining three months
shall be added together and the resulting sum divided by three. The result of this
calculation shall constitute the number of gallons of consumption that will be charged to
the residential user during the Summer Sewer Relief period. These charges will generally
appear, so far as normal meter reading and monthly billing cycles allow, on the customer
billings of June, July, August, September, October and November.
(b) Any residential customer who does not have five months of applicable water usage from
which to calculate Summer Sewer Relief pursuant to this section shall be billed as
follows:
The City's Municipal Water Utility metering book water usage entries for the months
included in the Summer Sewer Relief period shall be averaged and that usage averaged
shall be the Summer Sewer Relief rate for customers lacking a full five month history of
water consumption at their own residence.
(c) Under either of the above billing procedures a residential customer shall not be billed
more than its actual residential metered usage.
(d) Residential sewage service, as applicable to the calculation of the Summer Sewer Relief
pursuant to this section, shall apply to each lot, parcel of real estate or building which is,
or intends to be, occupied and used as a residence. Summer Sewer Relief shall not apply
to any premises that are used for industrial or commercial purposes. In the event a portion
of such premises shall be used for commercial or industrial purposes, the owner shall
have the privilege of separating its commercial, industrial and residential water service so
that the residential and commercial/industrial portions of the owner's premises are served
through separate meters. In such case, the water usage as registered by the water meter
used for the residential portion of the premises shall qualify for Summer Sewer Relief so
long as there actually is a yard to be watered and the other terms and conditions of this
section are met.
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9-167 Tenants May Be Billed; Right of Owners to Examine Records.
The sewer charges may be billed to the tenants occupying the premises served, unless
otherwise instructed in writing by the person who owns the premises. Such billings shall in no
way relieve the owner of liability in the event payment is not made as herein required. The
owners of the premises served, which are occupied by tenants, shall have the right to examine the
collection records of the City for the purposes of determining whether such sewer charges have
been paid by such tenants; provided that such examination shall be made at the office at which
the records are kept and during the hours that such office is open for business.
9-168 Liability of City for Charges.
For the service rendered to any department or agency of the City, except the Sewer Department,
the City shall be subject to the sewer charges provided herein.
9-169 Surcharge Based on Flow and Concentration of Wastewater.
(a) All wastewater discharged by major contributors shall meet the admissibility
standards in Division III of this article, by pretreatment if necessary, as
determined by the Utility Director. Wastewater beyond the limits of admissibility
set forth in Division III may be accepted and surcharged in accordance with the
schedule in Section 9-170.
(b) Surcharges shall be based on actual quantities discharged for treatment as
determined from measured concentration and flow. Surcharge rates for
wastewater characteristics not provided for herein may be set at the reasonable
discretion of the Board, taking into account all of the City's significant cost
factors, relating to treatment, handling and disposal.
9-170 Rates of Surcharge.
The rate of surcharge, in addition to volumetric charges, for the following constituents
shall be as follows:
(a) For CBOD in excess of 250 mg/L: 15.7 cents per pound;
(b) For COD where BOD cannot be determined in excess of 500 mg/L: 15.7 cents
per pound;
(c) For suspended solids in excess of 250 mg/L: 12.4 cents per pound.
(d) For ammonia in excess of 15 mg/L: 12.4 cents per pound.
9-171 Sewer Charges.
(a) Users served by metered water supply. For the use and the service rendered by
said sewage works, users who are served by a metered water supply shall pay a
Monthly Base Charge plus a Monthly Flow Charge. The Monthly Base Charge
shall be based upon the size of the water meter installed. The Monthly Flow
Charge shall be a volumetric charge per 1,000 gallons of water used. The Monthly
Base Charge and Monthly Flow Charge shall be in accordance with the following
schedules:
MONTHLY BASE CHARGE
Meter Size User Charge
5/8 -inch, 3/4 -inch $8.46
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Meter Size
User Charge
1 -inch
18.01
1 -1/2 -inch
38.92
2 -inch
65.61
3 -inch
148.19
4 -inch
262.50
6 -inch
586.47
8 -inch
866.75
10 -inch
1,147.03
MONTHLY FLOW CHARGE
Charge per 1,000 gallons 14.22
(b) Users not served by metered water supply. For the use and service rendered by
said sewage works, users who are not served by a metered water supply shall pay
a flat Monthly Sewer Charge of $34.97.
(c) Annual COLA Increase. Subject to the modifications set forth in subsections (d)
and (e) herein, on January 1 of each year, beginning in 2017, a 3% Cost of Living
Adjustment ("COLA") shall be added to the previous year's rates and charges for
all customers. This 3% increase shall occur automatically each year unless and
until such time that the Carmel City Council amends or adjusts the percentage
increase for the next calendar year or otherwise amends this subsection.
(d) CTRWD. For the use and service rendered to CTRWD on an after the date
specified below, the following rates and charges shall apply:
Date
Volumetric
Char a/1,000 Gallons
Minimum Daily
Charge
November 1, 2015
$ 1.3537
$2,369.05
November 1, 2016
$ 1.3909
$2,434.20
November 1, 2017
$ 1.4292
$2,501.14
November 1, 2018
$1.4685
$2,569.92
These charges are in addition to the other rates and charges set forth in the
Agreement between the City of Carmel and the CTRWD executed October 2010
pursuant to the Carmel City Code.
(e) Citizens Wastewater of Westfield. The City serves Citizens Wastewater of
Westfield under the Westfield Agreement. Citizens Wastewater of Westfield shall
be subject to a volumetric charge of $1,514.62 per million gallons. This rate is
not subject to the COLA, but shall be periodically reviewed and adjusted as
provided in the Westfield Agreement. This rate shall be in addition to the other
rates and charges set forth in the Westfield Agreement.
9-172 Board to Determine Rates, Charges, and Fees for Septic Tanks, Industrial Wastes,
Etc.
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SPONSOR: Councilor Rider
The Board is empowered to determine rates, charges and fees for septic tank, industrial
wastes, and other disposable wastewater and wastes delivered to the wastewater treatment plant,
and to collect such charges and fees as provided in this Ordinance.
9-173 Board to Review Special Agreements
The Board is empowered to determine and to collect such charges as it may reasonably
provide for under special agreements entered into by the Board, on behalf of the City, under
Section 9-123.
9-174 Delinquent Accounts
(a) Charges for sewerage service levied pursuant to this article shall be due and
payable on or before the due dates shown on the bills.
(b) All payments for sewer service must be received in the Office of the Carmel
Utilities Department within 18 days from the billing date stated on the bill. Failure
of a user to make timely payment shall subject the user to a late charge of 10%.
(c) Submission of any delinquent account to any attorney or appointed Utility
employee for collection shall entitle the City to recover reasonable attorney's fees,
lien costs or court costs or any other expenses incurred by the City in the
collection process.
9-175 Reserved for Future Use
Division VII. Enforcement Actions
9-176 Purpose and Administration
This Ordinance provides the Utility Director and Board the authority to enforce the
conditions of this Ordinance.
9-177 Informal Notice
(a) Verbal Warning
Whenever the Utility Director finds that any User has violated or is violating this
Ordinance, a verbal warning may be issued. A verbal notification is issued either by
telephone or in person and is for a first time or isolated incident of non-compliance, or as
the first step leading to an escalated enforcement action.
(b) Written Warning
A warning letter may be issued under the same circumstances as a verbal warning.
It can be used as a follow-up to a verbal warning, or in lieu of a verbal warning.
Electronic mail correspondence is acceptable as a written warning.
(c) Informal Meeting
An informal meeting may be convened by the Utility Director to gather
information from a User concerning non-compliance, discuss steps to eliminate the non-
compliance, and to determine the commitment of the User towards a resolution.
9-178 Notice of Violation (NOV)
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SPONSOR: Councilor Rider
(a) Whenever the Utility Director finds that any User has violated or is violating this
Ordinance, or an IWP Permit or order issued hereunder, the Utility Director may
issue the User a written NOV. This is usually, but not necessarily, issued for a
second or recurring violation. Electronic mail correspondence is acceptable.
(b) Within 10 days of the receipt date of the NOV, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the User to the Utility Director.
Submission of this plan in no way relieves the User of liability or possible
administrative fines for this violation or any others occurring before or after
receipt of the NOV.
9-179 Administrative Orders
The Utility Director may enter into Administrative Orders (AO), assurances of
compliance, or other similar documents establishing an agreement with any User responsible for
noncompliance. Such documents shall include specific action to be taken by the User to correct
the noncompliance within a time period specified by the document.
9-180 Compliance Schedule
When the Board finds that a User has violated, or continues to violate, any provision of
this Ordinance, IWP Permit or other requirements or standards, the Board may require the User
to submit a detailed time schedule of specific actions, acceptable to the Board, which the User
shall take in order to prevent or correct a violation of this Ordinances, which shall be referred to
herein as a Compliance Schedule. If the User does not comply with the Compliance Schedule,
sewer service shall be discontinued unless adequate treatment facilities, devices, additional self-
monitoring, management practices, or other related appurtenances are installed, properly
operated, and compliance is achieved.
9-181 Show Cause Hearing
The Board may order a User which has violated, or continues to violate, any provision of
this Ordinance, IWP Permit or other requirements or standards, to appear before the Board in a
formal meeting to show cause why an escalated enforcement action should not be taken. The
notice of this meeting shall be served personally or by registered or certified mail (return receipt
requested) at least 10 days prior to the hearing. Such notice may be served on any property
owner, principal executive, general partner or corporate officer. Whether or not a duly notified
User appears as noticed, enforcement action may be pursued as appropriate.
9-182 Cease and Desist Order
(a) When the Board finds that a User has violated, or continues to violate, any
provision of this Ordinance, IWP Permit, other requirements or standards, or an
issued order, the Board may issue an order to the User directing it to:
(1) Immediately comply with all requirements;
(2) Comply in accordance with a Compliance Schedule; or
(3) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
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SPONSOR: Councilor Rider
(b) The Utility Director may suspend the wastewater treatment service of a User
whenever it is necessary to stop an actual or threatened discharge that is
presenting or causing an imminent or substantial endangerment to the health or
welfare of persons, the POTW, or the environment.
(c) Issuance of a cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the User.
9-183 Termination of Service
(a) Termination of Service is a revocation of the User's privilege to discharge
wastewater into the sewer system. This may be accomplished by physical
separation of the User's connection to the collection system, through the issuance
of a Cease and Desist order as set forth in Section 9-182, or the Utility Director
may have the User's incoming water service shut off.
(b) Any User who violates or continues to violate conditions of this ordinance, an
SIU Permit, a previously issued order, or any applicable State or Federal law, or
the following conditions, is subject to Termination of Service.
(1) Repeated failure to accurately report the wastewater constituents and
characteristics of its discharge;
(2) Repeated failure to report significant changes in operations or wastewater
volume, constituents and characteristics;
(3) Repeated refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring, or sampling; or
(4) Violation of IWP Permit conditions or Pretreatment Standards.
(c) Noncompliant Users shall be notified by the Utility Director of the proposed
termination of their SIU Permit, or privilege to discharge to the sewer system, and
be offered an opportunity to show cause under Section 9-181 of this ordinance.
(d) Citizens Wastewater of Westfield and CTRWD. The City provides service to both
Citizens Wastewater of Westfield and CTRWD pursuant to certain agreements
approved by the Board and this Ordinance. Pursuant to those agreements and this
Ordinance, Citizens Wastewater of Westfield and CTRWD are responsible for
monitoring, investigating, and reporting the flows of their respective customer
bases subject to the requirements of Division V of this Ordinance to ensure
compliance with the terms and conditions of the Carmel NPDES Permit. If the
Utility Director determines that either Citizens Wastewater of Westfield and
CTRWD has a customer connection introducing flow which causes a violation of
one of their respective agreements or this Ordinance, and Citizens Wastewater of
Westfield and CTRWD, as the case may be, has not terminated the customer
connection, then the Utility Director has the authority to pursue the remedies set
forth the in the applicable agreement.
9-184 Administrative Fines
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SPONSOR: Councilor Rider
(a) The City through the Board has the authority to issue and assess Administrative
Fines to Users in violation of this ordinance, IWP Permit of other state and federal
regulations or standards.
(b) In accordance with Pretreatment Standards and the City's NPDES Permit, the
City through the Board may impose a fine for noncompliance by an SIU issued a
IWP Permit of not more than $2,500 per day, per violation for a first violation; no
more than $7,500 per day, per violation for subsequent violations, in accordance
with IC 36-1-3-8 (a)(10)(B). The Board will follow the developed Enforcement
Response Plan to provide consistent enforcement responses and fines for similar
violations and circumstances for IWP Permits.
(c) Notwithstanding any other section of this ordinance, any other User or FOG
Facility who is found to have violated any provision of this ordinance or orders
issued hereunder shall be issued a NOV and may be fined by the City through the
Board in an amount not less than $100, and not to exceed $2,500 per violation,
per day for a first violation. The Board may impose a fine of no more than $7,500
per day for each subsequent violation in accordance with IC 36-1-3-8(a)(1)(B)
and the Emergency Response Plan.
(d) Re -inspections will occur for incidences issued a NOV. Re -inspection fees and
reimbursement costs are considered in addition to administrative fines.
Reimbursement costs are developed on a case-by-case basis. A fee of $73 may be
assessed to the user for each re -inspection.
(e) Each day on which a noncompliance occurs or continues shall be deemed a
separate and distinct violation. Such assessments may be added to the user's next
scheduled sewer service charge and the City shall have such other collection
remedies as it must collect other service charges.
(f) The City may recover reasonable attorneys' fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring
expenses, remediation expenses, maintenance expenses, and the cost of any actual
damages incurred by the City.
(g) Unpaid charges, fines, and penalties may constitute a lien against the individual
User's property. Users desiring to dispute such fines must file a request for the
Board to reconsider the fine within 30 days of being notified of the fine. The
Board shall convene a hearing on the matter within 30 days of receiving the
request from the User.
9-185 Judicial Remedies
If any User discharges pollutants into the wastewater disposal system contrary to the
provisions of this Ordinance or any order or permit issued hereunder, the City may commence an
action for appropriate legal and/or equitable relief.
(a) Injunctive Relief.
Whenever a User has violated, or continues to violate, any provision of this
Ordinance, IWP Permit, other requirements or standards, or an issued order, the City may
petition the Court for the issuance of a preliminary or permanent injunction or both (as
may be appropriate) which restrains or compels the activities on the part of the User. The
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SPONSOR: Councilor Rider
City may also seek such other action as is appropriate for legal and/or equitable relief,
including a requirement for the User to conduct environmental remediation. A petition
for injunctive relief shall not be a bar against, or a prerequisite for, taking any other
action against a User.
(b) Civil Litigation
(1) Any User who has violated or continues to violate this Ordinance or any
order or permit issued hereunder, shall be liable to the City for actual
damages incurred by the City per violation per day for as long as the
violation continues.
(2) In addition to damages, the City may recover reasonable attorney's fees,
court costs, and other expenses associated with the enforcement activities,
including sampling, monitoring and analysis expenses.
9-186 Affirmative Defenses
(a) An Upset shall constitute an affirmative defense to an action brought for
noncompliance with Pretreatment Standards.
(1) The User must demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
i. An Upset occurred and the User can identify the cause(s) of the Upset;
ii. The facility was at the time being operated in a prudent and workman-
like manner and in compliance with the applicable operation and
maintenance procedures; and
iii. The User has submitted the following information to the Utility
Director within 24 hours of becoming aware of the Upset [if this
information is provided orally, a written submission must be provided
within five days]:
(A) A description of the indirect discharge and cause(s) of
noncompliance;
(B) The period of noncompliance, including exact dates and times or,
if not corrected, the anticipated time the noncompliance is
expected to continue; and
(C) Steps being taken and/or planned to reduce, eliminate, and
prevent recurrence of the noncompliance.
(2) In any enforcement proceeding, the User seeking to establish the occurrence
of an Upset shall have the burden of proof.
(3) Users shall have the opportunity for a judicial determination on any claim of
Upset only in an enforcement action brought for noncompliance with
Pretreatment Standards.
(4) Users shall control production of all discharges to the extent necessary to
maintain compliance with Pretreatment Standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation
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SPONSOR: Councilor Rider
where, among other things, the primary source of power of the treatment
facility is reduced, lost, or fails.
(b) A User shall have an affirmative defense to an enforcement action brought against
it for noncompliance with the General Discharge Prohibitions contained in
Division III, above, if it can prove that it did not know, or have reason to know,
that its discharge, alone or in conjunction with discharges from other sources,
would cause Pass Through or Interference and that either:
(1) A Local Limit exists for each pollutant discharged and the User was in
compliance with each limit directly prior to, and during the Pass Through or
Interference; or
(2) No Local Limit exists, but the discharge did not change substantially in
nature or constituents from the User's prior discharge when the City was
regularly in compliance with the City's NPDES permit, and in the case of
Interference, was in compliance with applicable sludge use or disposal
requirements.
(c) Bypass
(1) A User may allow any bypass to occur which does not cause Pretreatment
Standards or Requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to
the provisions of paragraphs (c)(2) and (3), below.
(2) Bypass notifications
i. If a User knows in advance of the need for a bypass, it shall submit
prior notice to the Utility Director at least 10 days before the date of
the bypass, if possible.
ii. A User shall submit oral notice to the Utility Director of an
unanticipated bypass that exceeds applicable Pretreatment Standards
within twenty-four (24) hours from the time it becomes aware of the
bypass. A written submission shall also be provided within five days
of the time the User becomes aware of the bypass. The written
submission shall contain:
(A) A description of the bypass and its cause(s);
(B) The duration of the bypass, including exact dates and times;
(C) If the bypass has not been corrected, the anticipated time it is
expected to continue; and
(D) Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass.
iii. The Utility Director may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(3) Bypass is prohibited, and the City may take an enforcement action against a
User for a bypass, unless:
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SPONSOR: Councilor Rider
i. Bypass was unavoidable to prevent loss of life, personal injury, or
Severe Property Damage;
ii. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
iii. The User submitted notices as required in paragraph (2), above.
(4) The City may approve an anticipated bypass, after considering its adverse
effects, if the Utility Director determine that it will meet the three conditions
listed in paragraph (3), above.
9-187 Administrative Appeals
(a) Any User affected by any decision, action or determination including cease and
desist orders, made by the Utility Director interpreting or implementing the
provisions of this ordinance, any permit issued herein or any action, decision, or
regulation of the Board adopted pursuant hereto, may file with the Board a written
request for review and reconsideration within 10 days of such a decision, action or
determination setting forth in detail the facts supporting the User's request for
reconsideration.
(b) The appeal shall, if reasonably possible, be heard by the Board within 30 days
from the date of filing. The Utility Director's decision, action, or determination
shall remain in effect during such period of reconsideration, unless the Board
otherwise determines on request of the User.
9-188 Annual Publication of Users in Significant Noncompliance
The Utility Director shall publish, at least annually, in the largest daily newspaper
circulated in the service area, a list of those Users which are found to be in significant non-
compliance, as defined in Section 9-103 of this Ordinance, with any provisions of this Ordinance
or any permit or order issued hereunder during the period since the previous publication."
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, as of the effective date of this Ordinance, such repeal to have
prospective effect only. However, the repeal or amendment by this Ordinance of any other
ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings
begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are
continued and penalties shall be imposed and enforced under such repealed or amended
ordinance as if this Ordinance had not been adopted.
Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance so long as enforcement of same can be given the same effect.
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SPONSOR: Councilor Rider
Section 5. This Ordinance shall be in full force and effect from and after the date of its
passage and signing by the Mayor and such publication as required by law.
74?
PASSED by the Common Council of the City of Carmel, Indiana, this �� day of
J2018, by a vote of _&__ ayes and/D nays.
t
Rider, President
Jeff W*dll. Vice -
FOR THE CITY QF CARMEL
- r�
Sue Finkam
H. Bruce Kimball
Presented by me to the Mayor of the City of ZC*
, In LPauley,
is A day of
TV, 6j, 2018, at D:l /
tine S. Cler -Treasurer
.f Y\
Approved by me, Mayor of the City of Carmel, Indiana, this R day of
', - 2018, atZ_' 5 4 e.M.
-J
Brainard, Mayor
S. Pauley, erk-Treasurer
This document was prepared by Wessler Engineering on behalf of City of Carmel Utilities.
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