[R.O. 1993 § 705.520; CC 1969 § 28-71; Ord. No. 2351 Art. XI §§ 1 –
3, 10-28-1985]
A. Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs, and from inspections,
shall be available to the public or other governmental agencies without
restriction, unless the user specifically requests and is able to
demonstrate to the satisfaction of the City that the release of such
information would divulge information, processes or methods of production
entitled as trade secrets of the user.
B. When requested by the person furnishing the report, portions of a
report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this Chapter; provided, that such portions of a report shall be
available for use by the State in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
C. Information accepted by the City as confidential shall not be transmitted
to any governmental agency or to the general public by the City, until
and unless a ten-day notification is given to the user.
[R.O. 1993 § 705.530; CC 1969 § 28-72; Ord. No. 2351 Art. XIII §§ 1 —
3, 10-28-1985]
A. The Superintendent and other duly authorized employees of the City,
bearing proper credentials and identification, shall be permitted
to enter all properties for the purposes of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this Chapter. The Superintendent or his/her representative shall
have no authority to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other industries, beyond
that point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
B. While performing the necessary work on private properties referred to in Subsection
(A) of this Section, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees. The City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by the negligence or failure of the company to maintain safe conditions on the company's premises.
C. The Superintendent and other duly authorized employees of the City,
bearing proper credentials and identification, shall be permitted
to enter all private properties through which the City holds a duly
negotiated easement for the purpose of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the sewage works lying within such easement. All entry
and subsequent work, if any, on such easement shall be done in full
accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
[R.O. 1993 § 705.540; CC 1969 § 28-73; Ord. No. 2351 Art. XIII §§ 4 –
6, 10-28-1985]
A. The Superintendent may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the BPW why the proposed
enforcement action should not be taken. A notice shall be served on
the user specifying the time and place of a hearing to be held by
the BPW regarding the violation, the reasons why the action is to
be taken and the proposed enforcement action and directing the user
to show cause before the BPW why the proposed enforcement action should
not be taken. The notice of the hearing shall be served personally
or by registered mail, return receipt requested, at least ten (10)
days before the hearing. Service may be made on any agent or officer
of a corporation.
B. The BPW may itself conduct the hearing and take the evidence, or
may designate any of its members or any officer or employee of the
City to:
1.
Issue in the name of the BPW notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relative to any matter involved in such hearings.
3.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations, to the BPW for
action thereon.
C. At any hearing held pursuant to this Section, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges therefor.
[R.O. 1993 § 705.550; CC 1969 § 28-74; Ord. No. 2351 Art. XIII § 7, 10-28-1985]
After the BPW has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, or other
related appurtenances. Further orders and directives as are necessary
and appropriate may be issued.
[R.O. 1993 § 705.560; CC 1969 § 28-75; Ord. No. 2351 Art. XIV §§ 1 –
2, 10-28-1985]
A. The City may suspend the wastewater treatment service and/or an industrial
discharge permit when such suspension is necessary, in the opinion
of the City, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons or to the environment, causes interference
to the POTW or causes the City to violate any conditions of its NPDES
permit.
B. Any person notified of a suspension of the wastewater treatment service
and/or the industrial discharge permit shall immediately stop or eliminate
the contribution. In the event of failure of the person to comply
voluntarily with the suspension order, the City shall take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to
any individuals. The City shall reinstate the industrial discharge
permit and/or the wastewater treatment service upon proof of the elimination
of the non-complying discharge. A detailed, written statement submitted
by the user, describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence, shall be submitted
to the City within fifteen (15) days of the date of occurrence.
C. Whenever the Superintendent shall have caused any violation to be
abated or corrected pursuant to this Section, he/she shall certify
the costs thereof to the BPW, and the owner of the property on which
such violation was abated or corrected shall be civilly liable to
the City for the costs of such abatement or correction.
D. In addition, should a user violating provisions of this Chapter and
the rules, regulations and permits issued hereunder cause, by such
violation, the City to violate its NPDES permit, such user shall be
civilly liable to the City for the costs of penalties levied against
the City by the State or EPA.
[R.O. 1993 § 705.570; CC 1969 § 28-76; Ord. No. 2351 Art. XIII § 3, 10-28-1985]
A. Any SIU who violates the following conditions of this Section or
applicable State and Federal regulations is subject to having his/her
permit revoked in accordance with the procedures of this Chapter:
1.
Failure of an SIU to factually report the wastewater constituents
and characteristics of his/her discharge;
2.
Failure of the SIU to report significant changes in operations
or wastewater constituents and characteristics;
3.
Refusal of reasonable access to the SIU's premises for
the purpose of inspection or monitoring;
4.
Violation of conditions of the industrial discharge permit;
or
5.
Failure of an SIU to make payment on annual permit renewal fees,
additional testing costs, etc., that may be assessed by or due to
the City.
[R.O. 1993 § 705.580; CC 1969 § 28-77; Ord. No. 2351 Art. XIV § 4, 10-28-1985]
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this Chapter
or the industrial discharge permit, or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
in this Chapter, shall be deemed guilty of an ordinance violation.
[R.O. 1993 § 705.590; CC 1969 § 28-78; Ord. No. 2351 Art. XV §§ 1 –
3, 10-28-1985]
A. Any person found to be violating any provision of this Chapter except Sections
705.020 and
705.030 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within a period of time stated in such notice, permanently cease all violations.
B. Any person who shall continue any violation beyond the time limit provided for in Subsection
(A) of this Section shall be deemed guilty of an ordinance violation. Each day on which such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this Chapter shall
become liable to the City for any expense, loss or damage occasioned
the City by reason of such violation.