Kent County, DE Article III Regulations of Sewer Use

§ 180-7 Use of public sewers required.

[Amended 6-22-2004 by Ord. No. 04-12]

A. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the County, or in any area under the jurisdiction of the County, any objectionable waste beyond the standards set by the State of Delaware Department of Natural Resources and Environmental Control (DNREC).

B. Unless a permit is issued by the State of Delaware Department of Natural Resources and Environmental Control, it shall be unlawful to discharge to any watercourse, either directly or through any storm sewer located either within the County or in any area under the jurisdiction of the County, any sewage, industrial wastes or other polluted waters.

C. Use of separate storm sewers and sanitary sewers is mandatory for all construction in the County. No combined sewers will be allowed to be constructed under this policy.

D. Except as hereinafter provided, it shall be unlawful to construct any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

E. The owner of any house, building or property used for human occupancy, employment, recreation or other purpose situated within a sanitary district of the County is hereby required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of the chapter.

F. Connection to Kent County Sewage Disposal District (KCSDD) No. 1 sewer system.

(1) In a newly formed, publicly financed district expansion, the owner of an existing dwelling shall participate in a master plumbing agreement and be connected within three months of completion of the project. A master plumbing agreement is defined as a publicly bid plumbing project which covers the tasks of connecting the existing structure to the County central sewer system and abandoning the on-site wastewater treatment and disposal system in accordance with DNREC regulations.

(2) In a newly formed, privately financed district expansion where Kent County incurs no debt service, the building sewer connection for existing structures shall occur, if and when a properly maintained on-site wastewater treatment and disposal system fails, as defined by DNREC regulations. New structures shall be connected in accordance with § 180-8B.

G. When any building sewer is to serve a school, hospital or similar institution or public building, or is to serve a complex of industrial or commercial buildings, or which in the opinion of the Public Works Director will receive sewage or industrial wastes of such volume or character that frequent maintenance or sampling of said building sewer is anticipated then such building sewer shall be connected to the public sewer through a manhole. The Inspector shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Inspector.

§ 180-8 Private sewage disposal.

A. Where a public sanitary sewer is not technically and legally available under the provisions of § 180-7, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the State of Delaware Department of Natural Resources and Environmental Control (DNREC), dealing with septic tank installations.

B. At such time as a public sewer becomes technically and legally available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned in accordance with DNREC regulations. Owners of said structures shall connect to the County facilities within 12 months of written notification by the Department of Public Works of the sewer lines being legally and technically available, as defined by DNREC rules. If connection is not made within the prescribed time frame, sewer billing will commence, regardless of sewer connection status.

C. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the authorized representative of the DNREC.

D. Availability of sewer service shall be as defined in the DNREC regulations governing the design, installation, and operation of on-site wastewater treatment and disposal systems.

§ 180-9 Building sewers and connections.

A. A contractor must present a certificate of insurance showing suitable liability insurance before a permit will be issued for construction of building sewers, sewer extensions or private sewage disposal.

B. Unauthorized and prohibited connections. No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereto, without obtaining a written permit from the County. Connections shall be made by licensed plumbers or other licensed contractors. Additionally, within the territorial limits of any municipality, no person shall make any direct connection to the Kent County Wastewater System without obtaining both the prior approval of the municipality in question and a building permit from the County.

C. No person shall be issued a building and/or sewer permit for a new dwelling or structure requiring sanitary facilities within the County unless a suitable and approved method of waste disposal is proposed. All new developments shall be provided with an approved system of sanitary sewers in accordance with Chapter 187, Subdivision of Land. All building permits require that a sewer permit be obtained and appropriate improvement or expansion fees be paid (reference Chapter 128).

D. A separate and independent building sewer shall be provided for every building. If more than two living units exist in any building a minimum building lateral size of six inches is required.

E. Existing building sewers may be used in connection with new buildings when they are found, on examination and test by the Inspector, to meet all requirements of this chapter.

F. The connection of the building sewer into an existing public sewer shall be made at the property line. If the portion of the building sewer located in the street or right-of-way has not previously been provided, such will be constructed from the existing public sewer to the property line by the owner upon submittal of a proper engineering drawing and approved by the County. All costs and expense incident to the installation and connection of the entire length of the building sewer shall be borne by the owner. The owner shall indemnify the County from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer. The method of connection of the building sewer to the public sewer (at the property line) will be dependent upon the type of pipe material used and in all cases shall be approved by the Inspector.

§ 180-10 Use of public sewers.

A. General use regulations.

(1) No person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer.

(2) Unpolluted stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a watercourse approved by DNREC. Uncontaminated noncontact industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet after obtaining an NPDES permit from the Department of Natural Resources and Environmental Control, Division of Water Resources, and in accordance with State of Delaware Surface Water Quality Standards and any NPDES permit conditions imposed by DNREC.

(3) Contaminated groundwater may be discharged to a sanitary sewer after pretreatment, if necessary, with the permission of the Kent County Department of Public Works, Engineering Division. The criteria for disposal of petroleum contaminated groundwater shall be a maximum of 10 ppm benzene, toluene, ethylbenzene and xylene (BTEX) and a maximum of 10 ppm total petroleum hydrocarbons (TPH). The criteria for the disposal of groundwater contaminated with halogenated compounds or nonpetroleum pollutants will be dealt with on a case-by-case basis. No groundwater will be permitted in excess of five gpm from any single contamination site. Improvement or expansion fees will apply to permitted discharges at a rate of one EDU per 250 gpd before permission is granted to discharge into County sanitary districts.

B. Discharge and pretreatment prohibitions.

(1) General discharge prohibitions.

(a) No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which causes pass-through or interference, or will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.

(b) Specific substances prohibited from discharge to the POTW:

[1] Any waters or wastes which contain grease or oil or other substances that will solidify or become discernibly viscous at temperatures between 32º F. and 150º F. or that will cause obstruction of flow.

[Amended 3-14-2023 by Ord. No. 23-02]

[2] Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin (nonpolar in nature) in concentrations greater than 100 mg/L.

[Amended 3-14-2023 by Ord. No. 23-02[1]]

[1] Editor's Note: This ordinance also repealed former Subsection B(1)(b)[2], which prohibited the discharge of waters or wastes containing fats, wax, grease or oils, Freon 113, and soluble matter. In addition, Ord. No. 23-02 redesignated former Subsection B(1)(b)[3] as Subsection B(1)(b)[2]. The ordinance also stated that it becomes effective 30 days after advertisement of the adopted maximum allowable industrial loadings by the U.S. Environmental Protection Agency to allow further public comment.

[3] All measurements, tests and analysis of the characteristics and quality of waters and wastes to which reference is made in this chapter shall be performed in accordance with 40 CFR 136, as amended, unless otherwise specified in an applicable federal categorical pretreatment standard. If the references cited herein do not contain applicable analytical protocols for the pollutants in question, the analysis shall be performed in accordance with procedures approved by EPA.

[Added 3-14-2023 by Ord. No. 23-02]

[4] Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited waste streams include, but are not limited to, waste streams with a closed cup flashpoint of less than 140º F. (60º C) as determined by the test methods in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

[5] Any noxious or malodorous gas, such as hydrogen sulfide, sulfur dioxide or nitrous oxide or other substance, which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance or repair.

[6] Any garbage that has not been properly shredded.

[7] Any ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, cardboard, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, beer or distillery slops, whey, chemical residues, paint residues, cannery waste, bulk solids or any other solid or viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage works.

[8] Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage works. Free acids and alkalines must be neutralized at all times, within a permissible pH range of 6.0 to 9.5.

[9] No person shall discharge or cause to be discharged any long half-life (over 100 days) of toxic radioactive isotopes into a public sewer.

[10] Any stormwater, roof drains, spring water, cistern or tank overflow or footing drain or the contents of any privy vault or the discharge of effluent from any air-conditioning machine or refrigeration unit.

[11] No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to exceed the limitation set forth in a categorical pretreatment standard or damage or interfere with any sewage treatment process, constitute a health and safety hazard to humans or animals or create any such hazard in the receiving waters or the effluent of the County sewage treatment plant. Such toxic substances shall be limited to the mass limits determined under the local limitations program. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Clean Water Act.

[Amended 2-27-2018 by Ord. No. 18-01]

[12] Any pesticides or PCB's into the County sewer system. This is a zero discharge limitation applying to any quantity or concentration. Furthermore it shall be unlawful to contribute pesticide application equipment, rinse or wash water to any POTW. Pesticides include but are not limited to Aldrin, alpha-BHC, beta-BHC, delta-BHC, gama-BHC, Chlordane, 4,4'-DDD, 4,4'-DDE, 4,4'-DDT, Dieldrin, Endosulfan I, Endosulfan II, Endosulfan sulfate, Endrin, Endrin aldehyde, Heptachlor, Heptachlor epoxide and Toxaphenene. On a case-by-case basis some discharges may be permitted by permit only.

[13] Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act or State of Delaware Guidance and Regulations Governing the Land Treatment of Wastes, August 1988, applicable to the sludge management method being used.

[14] Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

[15] Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

[16] Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40º C (104º F.) unless the POTW treatment plant is designed to accommodate such temperature.

[17] Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation.

[18] Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Public Works Director in compliance with applicable state or federal regulations.

[19] Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

[20] Any trucked or hauled pollutants, including, but not limited to, domestic septage and sewage, except at designated locations after meeting all conditions set forth in § 180-11 of this chapter.

[21] Any wastewater which causes a hazard to human life or creates a public nuisance.

[22] No characteristic or listed hazardous wastes as defined under RCRA, as defined in 40 CFR Part 261.

[23] No septage that exceeds the limits presented in Table 180-III-2,[2] and doing so will subject the generator to the penalties described in § 180-14F .

[2] Editor's Note: Table 180-III-2 is included at the end of this chapter.

(c) All industrial users shall notify the Kent County Department of Public Works, Engineering Division, immediately of all discharges that could cause potential problems to the POTW, including, but not limited to, any general prohibited discharge outlined in this section. When the Public Works Director determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Public Works Director shall:

[1] Advise the user(s) of the impact of the contribution on the POTW.

[2] Develop effluent limitations for such user to correct the interference with the POTW.

[3] Seek such financial recovery as covered under this standard, such as fines, penalties, and the costs of treatment created by the interference for violations covered under this Code (§ 180-14).

(2) Federal categorical pretreatment standards. Upon the promulgation of any federal categorical pretreatment standards for an industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Public Works Director shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. Sampling for baseline monitoring reports (BMR's) and continued compliance monitoring for determining compliance with applicable categorical pretreatment standards shall be in accordance with the procedures set forth in 40 CFR 403.12(b) as amended.

(3) Modification of federal categorical pretreatment standards. Where the County's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the County may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) (40 CFR 403) of General Pretreatment Regulations for Existing and New Sources of Pollution promulgated pursuant to the Act. The County may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403, Section 403.7, are fulfilled and prior approval from the approval authority is obtained.

(4) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations, or those included in this chapter.

(5) County right of revision. The Levy Court reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Article I of this chapter.

(6) Excessive discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the County or state.

(7) Accidental discharges/slugs. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Public Works Director for review and shall be approved by the Public Works Director before construction of the facility. All existing users shall complete such a plan by a date designated by the Public Works Director. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Public Works Director. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

(a) Written notice. Within five days following an accidental discharge, the user shall submit to the Public Works Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.

(b) Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

C. The admission into the public sewers of any waters or wastes having an average daily flow greater than 3% of the average daily sewage flow of the County system shall be subject to the review and approval of the Public Works Director. Where necessary, in the opinion of the Public Works Director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the permissible limits provided for in § 180-12B or federal categorical pretreatment standards. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Public Works Director and of the State of Delaware Department of Natural Resources and Environmental Control, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Failure to comply with one or more of the remedial procedures as required by the Public Works Director will constitute a violation of this chapter.

D. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

E. Notification of the discharge of hazardous waste.

[Added 12-12-2023 by Ord. No. 23-26]

(1) Any user who commences the discharge of hazardous waste shall notify the County, the EPA Regional Waste Management Division Director, the state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the County, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted as required by this subsection. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this subsection.

(2) Dischargers are exempt from the requirement of Subsection E(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 40 CFR 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(3) In the case of any new regulations under Section 3001 of the RCRA[3] identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the user must notify the County, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

[3] Editor's Note: See 42 U.S.C. § 6921.

(4) In the case of any notification made under this subsection, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.

§ 180-11 Haulers of septage and brown grease.

[Amended 1-27-2009 by Ord. No. 09-01; 11-9-2010 by Ord. No. 10-19]

A. Effective January 1, 2011, all trucks used to convey waste from septic tanks, cesspools, chemical toilets, grease traps and interceptors, brown and yellow grease, industrial wastewater and other temporary toilet facilities or other conveyances used to transport wastewater generated within Kent County and the City of Milford and the Town of Smyrna shall have tightly sealed tanks, with means for loading and discharge adequate to prevent spillage or their nuisance, and shall be required to obtain a waste hauler permit from the Kent County Department of Public Works.

B. Waste hauler permit fees are listed in Chapter 128 and/or on file with the Levy Court. Upon receipt of the required fee, a waste hauler permit will be issued for one calendar year and shall begin on July 1 of each year. A waste hauler permit is not transferable between trucks and/or operators. Prior to the issuance of a waste hauler permit, and at each renewal of said permit, all trucks or other conveyances shall be inspected by a representative of the Kent County Department of Public Works, Regional Wastewater Treatment Facility. A waste hauler may provide an equivalent inspection report from another nearby municipality or county in lieu of receiving the Department of Public Works inspection.

C. In addition to the aforesaid waste hauler permit fee, each hauler of septage or brown or yellow grease, when discharged into the Kent County regional wastewater treatment facility system, shall pay a discharge fee at a rate per 1,000 gallons, based on 90% of the truck tank volume. This discharge fee shall be reviewed periodically by the Public Works Director and any changes will be adopted by ordinance of the Levy Court. In the event that a waste hauler permit holder is 90 days or more delinquent in payment, the holder's permit and authorization to discharge into the County sewer system shall be suspended by notice from the Kent County Department of Public Works, Engineering Division, until such time as said permit holder's discharge fees have been made current, including the payment of a 1.50% of past due balance penalty for each month past due. Said violator shall continue to make monthly payments as normally billed.

D. Each waste hauler permit shall specify the connection (or several such) to the County sewer system where the truck may discharge its wastes. The Public Works Director may, by written notice to the permit holder, change said location or locations at his discretion.

E. The waste hauler permit will authorize the holder to use said truck to haul and/or discharge sanitary wastes from septic systems, holding tanks, cesspools and temporary toilet facilities, and brown and yellow grease from grease traps or interceptors and grease recycling operations only. No undigested garbage, rubbish, offal, slaughterhouse or packing house wastes, blood, mud, gravel or industrial wastes may be discharged into the sewer system without the written approval of the Director of the Department of Public Works. In addition, septage waste components that exceed the limits included in Table 180-III-2[1] may not be discharged to the sewer system, and doing so will subject the hauler to the penalties described in § 180-14F.

[1] Editor's Note: Table 180-III-2 is included as an attachment to this chapter.

F. In order to protect the County sewer system against stones, gravel, pieces of wood or other objects, each truck shall discharge only through the designated receiving devices unless the devices are not operating and alternate locations are designated by signage at these locations. In no case shall any trucks discharge at nondesignated pump stations, manholes, etc. The permit holder shall be responsible for cleanup around the point of discharge.

G. The use of the County sewer system by a truck having any expired sanitary wastes truck permit shall be subject to the penalty described in § 180-14F.

H. The following acts or omissions by permit holders shall subject such holder to the penalties as provided for in § 180-14F:

(1) Taking any action to evade or hinder proper assessment of charges as provided for herein, including, but not limited to:

(a) Failure to properly record a discharge, as provided for by the policies and procedures or orders of the Kent County Department of Public Works, Engineering Division.

(b) Alteration of size of tank without prior permission and authority from the Kent County Department of Public Works, Engineering Division.

(2) Discharging into the sewer system toxic or prohibited substances.

(3) Discharging into the sewer system at a location other than authorized to the permit holder by the Kent County Department of Public Works, Engineering Division.

(4) Failure to obtain a waster hauler permit prior to conducting any covered operation defined in § 180-11A within Kent County and the City of Milford and the Town of Smyrna.

I. Brown grease haulers shall transport the waste grease separately from septage and shall not "co-mingle" their loads. Any hauler whose recycling or hauling contract with a food service facility is terminated, for whatever reason, shall notify the County immediately upon termination by the food service facility.

J. Grease trap/interceptor haulers.

(1) Only brown grease from Kent, New Castle, and Sussex Counties and Delaware and Caroline, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico and Worcester Counties in Maryland shall be accepted at the Kent County Regional Wastewater Treatment Facilities for treatment.

(2) The County reserves the right to verify the origins of any brown grease load by reviewing the manifest for the respective load.

(3) No brown grease shall be discharged into any pump station or manhole of the Kent County sewer system, but shall be brought to a location designated by the Director of Public Works.

(4) Failure to abide by the provisions of this section shall subject the hauler to the enforcement provisions of § 180-14F.

§ 180-12 Industrial wastewater discharge permits.

[Amended 12-9-2003 by Ord. No. 03-28; 8-23-2005 by Ord. No. 05-10; 5-22-2007 by Ord. No. 07-17]

A. General. All significant industrial users (SIUs) as defined in § 180-5, nonsignificant industrial users, commercial establishments, shops or facilities which are likely to produce nonsanitary or nondomestic wastewater which could possibly not meet pretreatment standards outlined in § 180-10A through D of this chapter, or which could possibly cause violation of the POTW's NPDES permit, proposing to connect to or contribute to the POTW, shall complete an industrial wastewater discharge permit (IDWP) application in accordance with this section, and if necessary obtain an industrial wastewater discharge permit before connecting or contributing to the POTW.

[Amended 2-27-2018 by Ord. No. 18-01]

(1) Maximum allowable industrial loadings (MAIL) are established for certain parameters as shown in Table 180-III-1.[1]

[Amended 3-14-2023 by Ord. No. 23-02[2]]

[1] Editor's Note: Table 180-III-1 is included as an attachment to this chapter.

[2] Editor’s Note: This ordinance also stated that it becomes effective 30 days after advertisement of the adopted Maximum allowable industrial loadings by the U.S. Environmental Protection Agency to allow further public comment.

(2) New significant industrial users with limits significantly above the average domestic concentration (converted to mass) shall complete a toxicity reduction evaluation (TRE) within one year of the date of issuance or reissuance of an industrial wastewater discharge permit (IWDP) containing the limits. The TRE shall address any pollutant for which the limit significantly exceeds the average domestic concentration. The TRE for metals or cyanide shall conform to the appropriate current United States EPA TRE guidelines. With respect to ammonia toxicity, a level greater than ordinary domestic sewage shall mean ammonia nitrogen or total kjeldahl nitrogen (TKN) at a concentration greater than the average treatment plant influent concentration of ammonia nitrogen or total kjeldahl nitrogen. An ammonia or total nitrogen TRE will address source controls or pretreatment to effect the reduction to a twenty-four-hour average concentration and/or instantaneous concentration of ammonia nitrogen and/or total kjeldahl nitrogen to be determined by Kent County's TRE and set by the Public Works Director. Significant industrial users are requested to try to attain nondetectable concentrations for metals and cyanide as a goal in the TRE through changes in operation and maintenance procedures, source reduction and/or pretreatment. The analytical methods used in the TRE shall have published or theoretical quantitative detection limits less than the average domestic concentrations. Specific pounds per day limitations for each individual SIU are attached to this standard.

B. Permits. It is within the discretion of the POTW to determine which industrial and commercial users shall be controlled through industrial wastewater discharge permits (IWDPs). There are three types of permits that may be used by the POTW: general, food service facility (FSF), and significant industrial user (SIU) permits. FSF permit requirements are included in § 180-13. This section defines the circumstances for determining when a general or SIU permit is required and which type of permit shall be issued for a particular user.

(1) General permits.

(a) Groups of industrial and commercial users may be issued a general permit. Users who are subject to best management practices (BMPs) or concentration-based pretreatment standards may apply to the POTW for inclusion under a specific general permit. It is within the discretion of the POTW whether to issue a general permit for a specific category and whether a particular facility may be covered under a general permit. Users covered under a mass-based categorical standard shall not be covered under a general permit; however, those covered under mass-based local limits may be included in a general permit. In addition, a facility subject to the combined wastestream formula or net/gross calculations shall not be covered by a general permit.

(b) All of the facilities to be covered by the general permit must:

[1] Involve the same or substantially similar types of operations;

[2] Discharge the same types of wastes;

[3] Require the same effluent limitations; and

[4] Require the same or similar monitoring; and

[5] Be more appropriately controlled under a general control mechanism than an individual wastewater discharge permit.

(c) An industrial/commercial user seeking to be covered by a general permit shall make the request for inclusion in writing. The written request shall include:

[1] A description of the production processes to be included;

[2] The type of wastes generated;

[3] The monitoring location or locations where all wastewaters will be monitored;

[4] A finding that the user falls within the category of facilities covered by the general permit;

[5] An indication of whether the user is seeking a monitoring waiver for pollutants that are not present (Note: Such waiver is not effective in the general permit until notification from the department that such a waiver has been granted); and

[6] Include the information required under the application section covered at § 180-12C.

(d) Enforcement of the provisions of the general permit shall be consistent with the Kent County Enforcement Response Plan detailed in Appendix A to this chapter of the Kent County Code.[3]

[3] Editor's Note: Appendix A is included at the end of this chapter.

(e) The POTW will develop each general permit. It will provide a notice that it is available and post the general permits on the County Web site at www.co.kent.de.us. The general permit will specify the criteria or conditions that make a user eligible for coverage. The general permit shall include:

[1] Statement of duration;

[2] Statement of nontransferability without prior notification to the POTW;

[3] Effluent limits, including BMPs, based on applicable general pretreatment standards, categorical pretreatment standards, local limits and state and local laws;

[4] Self-monitoring, sampling, reporting and recordkeeping requirements, including appropriate sampling locations;

[5] A statement of applicable civil and criminal penalties for violations covered under the Enforcement Response Plan; and

[6] Requirements to control slug discharges as detailed under § 180-12E.

(f) The POTW will maintain the general permit file for a period of three years after expiration of the general permit and include within the file the individual requests for inclusion and the basis for determining inclusion of specific users within the general permit.

(2) SIU permits.

(a) The following industrial users shall be issued SIU permits:

[1] All significant industrial users not covered by a general permit;

[2] All categorical industrial users;

[3] Food service facilities (see § 180-13); and

[4] Others as determined by the POTW.

(b) A permit application must be provided before approval to discharge to the Kent County sewer system can be given. The application shall follow the requirements of § 180-12C. The permit shall be consistent with the requirements of § 180-12B(2)(c).

(c) The permit shall be issued with permit conditions that are consistent with § 180-12E and the monitoring requirements included in § 180-12H.

(d) Enforcement of the provisions of the IWD permit shall be consistent with the Kent County Enforcement Response Plan detailed in Appendix A to this chapter of the Kent County Code.

(e) The POTW will develop each individual IDW permit. The permit shall include:

[1] Statement of duration;

[2] Statement of nontransferability without prior notification to the POTW;

[3] Effluent limits, including BMPs, based on applicable pretreatment standards, categorical pretreatment standards, local limits and state and local laws;

[4] Self-monitoring, sampling, reporting and recordkeeping requirements, including appropriate sampling locations;

[5] A statement of applicable civil and criminal penalties for violations covered under the Enforcement Response Plan; and

[6] Requirements to control slug discharges as detailed under § 180-12E.

(f) The POTW will maintain the permit file for a period of three years after expiration of the permit and include within the file the individual applications, monitoring results, and any correspondence and other permit actions, as well as any required studies, including slug control plans.

(g) Nonsignificant categorical industrial users (NSCIU). An NSCIU shall be any categorical user whose industrial discharge subject to a categorical standard is less than or equal to 100 gallons per day. To be listed as an NSCIU, a facility must have been in compliance with the applicable categorical standard prior to being listed, and must request inclusion in the program in writing. No IWDP shall be issued for an NSCIU. The NSCIU shall certify annually that its flow meets the definition of an NSCIU, and that it is in compliance with the appropriate categorical pretreatment standard. The annual certification must be signed by an authorized representative and contain the following certification statement:

[Amended 12-12-2023 by Ord. No. 23-26]

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR ____, I certify that, to the best of my knowledge and belief, that during the period from ________, to ________, [months, days, year]:
(a)	The facility described as ________ [facility name] met the definition of a nonsignificant categorical industrial user as described in 1. 4 GG ( 3);
(b)	The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information: __________________________________________________ __________________________________________________"

If the NSCIU no longer meets the definition, the facility becomes an SIU and is subject to the IWDP requirements. The NCSIU must still meet all of the categorical standards, but will not be actively monitored by the POTW. The POTW shall review the annual certifications and determine whether the NSCIU may continue in the program. The POTW will publish on its Web site, www.co.kent.de.us, a list of all approved NSCIUs. Failure to properly certify the information will result in implementation of the ERP.

(h) Middle-tier categorical industrial user (MTCIU). A MTCIU is an industrial facility which has a categorically regulated flow between 100 gallons per day and 5,000 gallons per day, or 0.01% of the design dry-weather hydraulic capacity of the POTW, whichever is smaller; 0.01% of the design dry-weather organic treatment capacity of the POTW; and 0.01% of the maximum headworks loading for any pollutant for which approved local limits were developed by the POTW. An IWDP shall be issued to the MTCIU. The MTCIU shall report sampling data once per year and shall be inspected once every two years. This does not preclude the POTW from more frequent sampling. The MTCIU shall request inclusion in the category in writing. The MTCIU shall demonstrate at least two years of prior compliance with the definition. The MTCIU shall monitor daily categorically regulated flow, and notify the POTW if the criteria for inclusion are exceeded. Failure to properly certify the information will result in implementation of the ERP.

C. Permit application. Users that are required to obtain an industrial wastewater discharge permit (including a general permit) shall complete and file with the Public Works Director an application on the forms prescribed by the Public Works Director. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. Permit application fees are as outlined in Chapter 128 of the Kent County Code.

(1) In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(a) Name, address and location (if different from the address).

(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended, or the appropriate North American Industrial Classification System (NAICS) codes.

(c) Wastewater constituents and characteristics, including but not limited to those mentioned in § 180-10 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

(d) Time and duration of contributions.

(e) Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

(g) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any County, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

(i) Pollutants not present: provide data to support a waiver of monitoring for any pollutants that are not present nor expected to be present at levels greater than that of intake water, if subject to a categorical pretreatment standard. Data must be from samples that are taken prior to any pretreatment and representative of all process wastewater. If a waiver is sought, the request must be in writing.

(j) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[1] The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[2] No increment referred to in Subsection C(1)(j)[1] shall exceed nine months.

[3] Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Public Works Director, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Public Works Director.

(k) Each product produced by type, amount, process or processes and rate of production.

(l) Type and amount of raw materials processed (average and maximum per day).

(m) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(n) Any other information as may be deemed by the Public Works Director to be necessary to evaluate the permit application.

(o) A listing of all environmental permits issued to the facility.

(2) The application shall be signed by an authorized representative of the industrial user and shall be certified by the authorized representative or by an independent engineer and containing the following statement: "I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that this information was obtained in accordance with the requirements of 40 CFR 403.6(a) or this Chapter 180, Sanitary Standards, of the County Code. Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(3) The Public Works Director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Public Works Director may issue an industrial wastewater discharge permit subject to terms and conditions provided herein or may deny new or increased contributions of pollutants.

D. Permit modifications.

(1) Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with the standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial wastewater discharge permit, as required, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Public Works Director, within 180 days after the promulgation of an applicable federal Categorical Pretreatment Standard, all required information.

(2) An SIU may, at any time during the permit cycle, submit a permit modification request with appropriate backup justification and payment of the applicable fees as required under Chapter 128, Table 128-I-1. The Public Works Director, or his/her designee, may approve the modification, provided no modifications to Table 180-II-1 are required. If the request requires a modification of Table 180-III-1, it must be endorsed by the Public Works Director, and Levy Court must approve any change by a majority vote.

E. Permit conditions. Wastewater discharge permits (both IWD and general) shall be expressly subject to all provisions of this chapter, specific pretreatment standards and requirements, and all other applicable regulations, user charges and fees established by the Levy Court of Kent County. Permits shall contain the following, if applicable:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

(2) Limits on the average and maximum wastewater constituents and characteristics, either as mass-based or concentration-based limits.

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(4) Requirements for installation and maintenance of the inspection and sampling facilities.

(5) Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and a reporting schedule as detailed in § 180-12H.

(6) Compliance schedules.

(7) Requirements for submission of technical reports or discharge reports.

(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Public Works Director, and affording the Public Works Director access thereto.

(9) Requirements for notification and prior approval of the Public Works Director of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system, including but not limited to changes from the initial notification required under this chapter.

(10) Requirements for notification and control of accidental or slug discharges, and the need for a slug control plan. A need for a slug control plan shall be made at the time of permit issuance or renewal by the POTW. This will occur when the permit application has been received. The SIU shall notify the POTW immediately of any changes at its facilities which may affect the potential for a slug discharge, whether or not a slug control plan has been prepared. A slug control plan will be required for any IU that has experienced a slug discharge.

(11) Applicable civil and criminal penalties as detailed in § 180-14 of this Sanitary Code and the Enforcement Response Plan (ERP) included as Appendix A to this code.[4] Compliance schedules resulting from violations shall not extend the time for compliance beyond that time required by applicable federal and state laws and this code.

[4] Editor's Note: Appendix A is included at the end of this chapter.

(12) Best management practices (BMPs) may be used in lieu of numeric limits. If a categorical standard requires a BMP it shall be incorporated into the IWDP. BMPs may also serve as a local limit. Compliance with BMPs included in the permit shall be covered under § 180-12H, and noncompliance shall be covered by the ERP. BMPs shall be detailed in the general or IWD permits. BMP compliance records shall be covered as required under § 180-12H. A BMP shall include the following elements in order to be enforceable:

(a) A specific notice to the IU of the BMP requirements and enforceability of the BMP to be included within the IWD or general permit;

(b) Provide criteria and specifications for the installation of treatment systems required under the BMP;

(c) Requirements for or prohibitions on certain practices, activities or discharges;

(d) Requirements for operations and maintenance of treatment units;

(e) Timeframes associated with key BMP activities;

(f) Compliance certification, reporting requirements and record retention requirements;

(g) A provision for reopening or revoking the BMP conditions; and

(h) Other requirements as determined by the POTW.

(13) Numeric permit limits. All numeric permit limits shall be established mass-based. The mass limit shall be based upon the actual average daily flow for the covered discharges. For CIUs who have concentration-based limits under the pretreatment standards, equivalent mass-based limits shall be established. Where the flow is too variable, concentration-based limits may be used. The applicable industries shall include the OCPSF, petroleum refining, and pesticide chemicals categories, and others as determined by the POTW. If a CIU seeks a concentration-based limit, it shall request it in writing with proper justification, including maximum and average daily flow data covering at least one year prior to the request. Dilution shall not be used as a substitute for treatment. Monitoring requirements shall be as detailed in § 180-12H.

(14) Pollutants not present: provide a waiver for those pollutants covered under a categorical pretreatment standard which have been shown to not be present nor expected to be present above levels in the CIU's intake water. This waiver does not apply to any baseline monitoring report or ninety-day compliance report. The IU must continue to monitor for the waived pollutants until incorporated into the general or IDW permit. The POTW will maintain a record of its decision to grant the waiver for a minimum of three years after expiration of the waiver. The waiver is valid only for the duration of the permit, and must be reapplied for prior to permit renewal. If the IU discovers the waived pollutant(s) to be present or suspected to be present, it must immediately notify the POTW. The permit will include a listing of all applicable categorical standards, including those that are waived. The waiver does not replace any certification required by the categorical standards. Users that have an approved monitoring waiver must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:

[Amended 12-12-2023 by Ord. No. 23-26]

"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR ______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report."

(15) Net/gross calculations. If requested in writing before issuance of an IWDP, categorical pretreatment standards could be adjusted on a "net" basis if either the pretreatment standard allows such an adjustment or the CIU demonstrates its control system meets the applicable pretreatment standards. The request shall include representative intake water samples that show the influent levels of the parameter to be covered by the net calculation.

(16) Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this chapter.

F. Permit duration. Permits (including all general permits) shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Public Works Director during the term of the permit as limitations or requirements are modified or for other just cause. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

G. Permit transfer. Wastewater discharge permits (including all general permits) are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Public Works Director. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit until such time as a permit is issued to the new owner/operator.

H. Monitoring and reporting requirements for permittees, including all self-monitoring.

(1) Compliance date report. A compliance date report shall be considered a baseline monitoring report (BMR) when it is submitted by an industry regulated by categorical pretreatment standards and shall conform to the requirements of 40 CFR 403.12(b)(1) through (7) or 40 CFR 403.12(b)(1) through (5) in the case of new sources. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Public Works Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and regulations and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user. This report shall contain a certification by an authorized representative of the industrial user or by an independent engineer containing the statement included in § 180-12C(2).

(2) Periodic compliance (monitoring) reports.

[Amended 12-12-2023 by Ord. No. 23-26]

(a) Any permit issued under this code shall require periodic compliance reports. These reports shall be detailed in the permit and are to be submitted to the Public Works Director in hardcopy with the original wet-ink signature. By January 31 of each year, a signed written certification by an authorized representative of the industrial user shall be submitted in hardcopy with the original wet-ink signature to the Public Works Director containing the statement included in § 180-12(C)(2). In addition, this annual certification statement should provide the name of the representative of the permittee who is authorized to submit the report. This authorized representative must be allowed to certify to the accuracy of the information. If the authorized representative is changed, the new name must be provided in writing by the permittee immediately upon making the change.

(b) All significant industrial users must, at a frequency detailed in the industrial wastewater discharge permit (not to be less than twice per year, except as specified in § 180-12B(2), submit reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution preventative alternative, the user must submit documentation required by the Public Works Director or the pretreatment standard necessary to determine the compliance status of the user.

(c) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Public Works Director a quarterly report indicating the nature and concentration of pollutants in the effluent for which self-monitoring requirements have been incorporated in the user's industrial wastewater discharge permit. Sampling shall be performed during the period covered by the report at the frequency specified in the user's industrial wastewater discharge permit. Chain of custody forms are required for all analyses not performed in the user's laboratory and are to be kept on file by the industrial user and made available to representatives of the Public Works Director upon request.

[1] If a user subject to self-monitoring requirements through its industrial wastewater discharge permit monitors any pollutant more frequently than required, the results shall be reported to the Public Works Director.

[2] If sampling performed by a user indicates a violation, the user shall notify Kent County within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Kent County Department of Public Works, Engineering Division, within 45 days after becoming aware of the violation. The repeat sampling would not be required in the event that the user samples at a frequency of monthly or more frequently for the parameter in violation.

[3] In addition, a record of all daily flows shall be reported to the Public Works Director. At the discretion of the Public Works Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Public Works Director may agree to alter the months during which the above reports are to be submitted. The report shall be in writing and include the appropriate certification.

(d) BMP compliance reports, self-monitoring reports and certifications detailed within either the general or IWD permits shall be submitted within 45 days of the due date. Failure to provide the required information will be handled through the ERP.

(e) The Public Works Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user and be reported to the Public Works Director. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Public Works Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard.

[1] All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.

[2] (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)

(f) All records of information obtained pursuant to monitoring activities required by this code, any additional records of information obtained pursuant to monitoring activities undertaken by the permittee independent of such requirements, and documentation associated with best management practices shall be retained for a minimum of three years and made available for inspection and copying. Records shall include the date, exact place, method, and time of sampling, and the name(s) of the person(s) taking the samples; the date analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. This period shall be automatically extended for the duration of any litigation concerning the user of Kent County, or where the permittee has been specifically notified of a longer retention period by the Director of Public Works.

(g) Sampling and monitoring requirements.

[1] The general or IWD permit shall detail specific monitoring requirements for all parameters for which limits have been established. The limits shall require either composite or grab samples as deemed appropriate by the POTW. The permit will specify the test method, sampling protocol and testing frequency for each parameter.

[2] Grab samples are required for certain parameters, specifically pH, temperature, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds, unless the discharge is of limited duration during any one day. Samples shall be taken using four individual grabs over a twenty-four-hour period. Samples for cyanide, total phenols, sulfides, oil and grease and volatile organic compounds may be composited prior to analysis in the laboratory. Samples for pH, temperature and total residual chlorine may not be composited. All monitoring samples that are analyzed shall be reported to the POTW. For those facilities that do not discharge on a twenty-four-hour day, the samples must be collected at equally spaced intervals during the period that process wastewater is being discharged. All samples shall be representative of the process wastewaters being discharged.

[3] Except for parameters specified in § 180-12H(2)(g)[2], the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the County. The samples must be representative of the discharge.

I. Pretreatment.

(1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulation. Any facilities required to pretreat wastewater to a level acceptable to the County shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Public Works Director for review, and shall be acceptable to the Public Works Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Public Works Director under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Public Works Director prior to the user's initiation of the changes.

(2) The Public Works Director shall annually publish in a newspaper of statewide distribution a list of the industrial users which were in significant noncompliance (SNC), as defined in the Enforcement Response Plan, with applicable pretreatment standards or other pretreatment requirements during the 12 previous months, as required by 40 CFR 403.8(f)(2)(vii). The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA, DNREC or County upon request.

J. Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, inspections, and sampling activities shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the County that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request should be made at the time of submission of the information or data and the words "confidential business information" should be stamped on each page containing such information. When requested and demonstrated by the person furnishing a report, the 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 request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit, the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Public Works Director as confidential shall not be transmitted to the general public by the Public Works Director until and unless a ten-day notification is given to the user.

[Amended 12-12-2023 by Ord. No. 23-26]

K. Charges and fees.

(1) The Public Works Director may adopt, subject to approval of the Levy Court, a schedule of charges and fees associated with the industrial wastewater discharge permits which may include:

(a) Fees for reimbursement of costs of setting up and operating the County's pretreatment program.

(b) Fees for monitoring, inspections and surveillance procedures.

(c) Fees for reviewing accidental discharge procedures and construction.

(d) Fees for permit applications.

(e) Fees for filing appeals.

(f) Fees for consistent removal (by the County) of pollutants otherwise subject to federal pretreatment standards.

(g) Other fees as the Public Works Director may deem necessary to carry out the requirements contained herein.

(2) Fees for any of the above listed items can be found in Chapter 128.

L. Monitoring facilities. The Public Works Director may require any industrial user to provide and operate at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility shall normally be situated on the user's premises, but the Public Works Director may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the County's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the County.

M. Inspection and sampling; right to entry.

(1) The Public Works Director may inspect or investigate any part of the facilities of any industrial user of the County sanitary conveyance system to ascertain compliance with requirements of the chapter or other applicable rules, regulations or permits. Persons or occupants of premises of an industrial user shall not deny representatives of the County ready access to all parts of the premises for purposes of inspection, sampling, records examination, copying of records and/or reports or other requirements of their duties. Authorized representatives of the Kent County Department of Public Works, Engineering Division, shall be permitted access without delay during scheduled or unscheduled site visits during any time an industrial user is generating, storing or discharging waste fluids. The County, approval authority and (where the NPDES state is the approval authority) EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Access denial or delays, for any reason which effectively inhibits the County from obtaining representative site information shall constitute a violation of this chapter. In the event of access denial or delay, the Public Works Director may obtain and execute a search warrant and conduct site examinations under such warrant. The industrial user shall prepare in advance all arrangements regarding security and safety. For the purposes of records examination only, authorized representatives of the County shall be permitted access without delay during the hours of 8:30 a.m. to 4:30 p.m., Monday through Friday.

(2) The Public Works Director may inspect commercial or institutional facilities that utilize oil or grease traps when probable cause has been determined or in compliance with the oil and grease program outlined in § 180-13. Events that may contribute to probable cause with regard to such inspections are complaints, objectionable odor, partial or complete line blockages resulting in impeded flow and/or visible oil or grease immediately downstream of the trap, reports that minimum or correct servicing is not being performed, trap servicing receipts not received by the Public Works Director within 30 calendar days of service or failure to install and maintain an oil or grease removal system as required by § 180-13. For the purposes of oil or grease trap inspection, the Public Works Director or his duly authorized designee shall have ready access to facilities utilizing oil or grease traps during the facility's normal business hours.

N. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the contract users concerned, whereby an industrial waste of unusual strength or character may be accepted by the County for treatment, subject to payment therefor by the industrial concern. All special agreements must:

(1) Specifically prohibit changes to categorical standards and other federal pretreatment requirements (e.g., reporting);

(2) Establish a cap based upon maximum allowable industrial loading (MAIL) for the applicable local limit(s); and

(3) Grant the revised limit or requirement in writing.

O. All of the preceding standards are to apply at the point where the industrial wastes are discharged into the public sanitary sewage system or at a point specified by the Public Works Director, and any chemical or mechanical corrective treatment required must be accomplished to practical completion before the wastes reach that point. The laboratory methods used in the examination of all industrial wastes shall be those set forth in Methods for Chemical Analysis of Water and Wastes, EPA 600/4-79-020, revised March 1984; 40 CFR 136, as published in 51 FR 23692 (June 30, 1986), and 49 FR 43234 October 26, 1984) with corrections in 50 FR 690 January 4, 1985); or Standard Methods for the Examination of Water and Wastewater, 17th Edition, APHA-AWWA-JWPCF, 1989. However, alternate methods for the analysis of industrial wastes may be used subject to mutual agreement between the Levy Court and the producer of such wastes. The frequency of monitoring to be conducted by applicable industrial users will be as specified in the industrial user permit. The frequency and extent of industrial self-monitoring will be specified as required by 40 CFR 403 regulations. Industries granted an industrial user permit by Kent County will be monitored by the County on an annual basis to assure compliance with 40 CFR 403 regulations. Additional monitoring may be conducted by the County in instances where industrial dischargers may be suspected of violating pretreatment regulations or contributing to upset conditions at the County POTW treatment plant. The costs of additional monitoring and analyses may be billed to an industrial contract user or to the municipality in which the industry is located if the analyses indicate the discharge is in violation of this chapter.

P. Surcharge for certain industrial wastes.

[Amended 7-10-2012 by Ord. No. 12-15]

(1) There is hereby imposed upon all significant industrial users (SIUs) the following industrial waste surcharge. Although the KCRWTF will be capable of treating certain industrial wastes, the actual treatment may increase the cost of operating and maintaining the treatment system. Therefore, there will be imposed upon each SIU that exceeds the threshold listed under § 180-12P(2), a surcharge to cover such costs. Such surcharges shall be in addition to the uniform rate per 1,000 gallons for contract users, or the uniform rate per 1,000 gallons for municipal contract users paid by the SIU.

(2) Industrial waste surcharge threshold and surcharge rates.

Parameter	Notification Level (mg/l)	Action Level (mg/l)	Enforcement Level (mg/l)
Total oxygen demand (TOD)	Historical average + 1 standard deviation	Historical average + 2 standard deviations	Historical average + 3 standard deviations
Surcharge rates		$0.25/pound	$0.50/pound

(3) Notification level.

(a) Once an SIU reaches notification level, it must notify the Department of Public Works, in writing, within seven days and provide a determination of the cause of the exceedances and possible solutions within 30 days.

(4) Calculation of surcharge.

(a) Surcharges shall be based upon the average of all monthly monitoring conducted. Total oxygen demand (TOD) shall be defined as either that value determined by laboratory analysis using ASTM Testing Method D6238-98 (2003), or by calculating it from the following formula:

TOD = COD + 4.57 * TKN, where
	TOD is the concentration of total oxygen demand (mg/l)
	COD is the concentration of chemical oxygen demand (mg/l) as determined by ASTM Testing Method D1252-00, and
	TKN is the concentration of total kjeldahl nitrogen (mg/l) as determined by ASTM Testing Method D3590-02.

(b) An actual pounds per month value shall be obtained using the following formula:

	Actual pounds/month = total monthly flow (MG) x Average sample TOD concentration x 8.34
	Where total monthly flow shall be provided by the SIU and represents the flow for the covered calendar month.

(c) The surcharge rate shall be applied to the difference between the actual pounds/month (up to the action level pounds/month) and the surcharge pounds per month; the action level surcharge rate shall be applied to the difference between the actual pounds per month (up to the enforcement level pounds per month) and the action level pounds per month; and the enforcement level surcharge shall be applied to the difference between the actual pounds per month and the enforcement level pounds per month.

(d) The flow for calculating the mass loading for the various levels to be included in the permit under this section shall be the maximum daily flow values as described in Section 2.1 of the industrial wastewater discharge permit.

(5) Billing of surcharge.

(a) The total surcharge fee shall be the sum of the action and enforcement level fees.

(b) The surcharge shall be billed to the SIU quarterly and will be due within 60 days of receipt of the bill.

(c) The amount billed shall be the sum of the prior three months' surcharges, if any, as determined by calculating the appropriate surcharge level times the rate as determined by the sampled level and detailed in the table included as § 180-12P(2).

(d) Failure to pay any surcharge bill within the prescribed time will be issued a civil penalty as described under the Enforcement Response Plan. Adjustments shall be made only when requested in writing and submitted to the Public Works Director.

(6) Enforcement level.

(a) Exceedance of the pounds above the enforcement level when determined based upon the maximum permitted flow and the average concentration for the covered month more than once per quarterly billing period shall also result in enforcement actions taken against the SIU following provisions of the Enforcement Response Plan as detailed in Appendix A to this chapter.[5]^,[6]

[5] Editor's Note: Appendix A is included as an attachment to this chapter.

[6] Editor's Note: Former Subsection Q, Pretreatment Environmental Excellence Program (PEEP)., which immediately followed, was repealed 12-12-2023 by Ord. No. 23-26.

§ 180-13 Fats, oil, and grease (FOG) interceptors and traps.

[Amended 3-8-2005 by Ord. No. 05-03; 5-22-2007 by Ord. No. 07-17]

A. Purpose. Fats, oil and grease (FOG) from food service facilities have a significant impact on the operations of the sewer lines, pump stations, wastewater treatment facilities and other associated appurtenances. It is necessary to provide control for oil and grease to protect County property. Oil/Water separators that treat petroleum-based oils and greases are exempt from this section of the requirements.

B. For all new and existing food service facilities, grease, oil and/or sand interceptors and traps shall be provided for the proper handling of FOG liquid wastes, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living units. All interceptors shall be of a type and capacity approved by the Delaware Department of Health and Social Services, and shall be located so as to be readily and easily accessible for cleaning and inspection.

C. Yellow grease, as defined previously, shall be recycled to the maximum extent practicable using a permitted rendering company.

D. FOG interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gas-tight and watertight. They shall be designed as outlined in § 180-20.

E. Where installed, all grease, oil and sand interceptors shall be permitted under the provisions of this code and maintained by the owner, at his/her expense, in continuously efficient operation at all times and shall be readily accessible and open to inspection by the County at any time, and as required in the permit.

F. Cleaning and maintenance.

[Amended 7-10-2012 by Ord. No. 12-15[1]]

(1) Commercial or institutional facilities that utilize subfloor or exterior-located FOG interceptors and/or traps as an oil or grease removal device prior to wastewater discharge to the County's sanitary sewer shall have each trap serviced at least once every month, or more frequently as specified in the permit or required to maintain the operability of the unit, to remove and dispose of oil or grease. If past experience has indicated that a less frequent cleaning is sufficient, then the permit may reflect this less stringent cleaning frequency. Such information shall be provided by the permittee as a part of its application.

(2) All the interceptors shall be serviced by a grease hauler licensed by the State of Delaware to transport such waste, and traps may be serviced by either a licensed hauler or properly trained FSF employees. A grease trap/interceptor maintenance log, to be designed by the Public Works Director, shall be kept. The log shall contain, at a minimum, the date, time cleaned, name of authorized grease hauler, and quantity of grease removed. This log shall be prominently displayed at the facility, and made available for inspection upon request.

(3) All service receipts and maintenance records shall be kept on file by the food service facility for a minimum of two years, and made available for inspection if requested by the County. The service receipt shall, at a minimum, contain the name and address of the facility serviced, the volume of the waste removed, the date/time of service and the name of the waste hauler providing service.

(4) Facilities failing to maintain service receipts, the maintenance log, or failing to have oil or grease traps serviced as provided in this section shall be subject to penalties as provided in § 180-14G of the Code. Facilities which knowingly provide false information with regard to providing service receipts are subject to the provisions of § 180-14G of the Code.

[1] Editor's Note: This ordinance also repealed former Subsection F, regarding under-the-sink grease traps and the utilization of automatic grease removal systems, as amended, and redesignated former Subsections G through M as Subsections F through L, respectively.

G. The use of any chemical, enzyme, emulsifier, live bacteria or other grease cutters or additives designed to liquify, eliminate or in any way reduce the presence of grease shall not be permitted without the written approval of the Environmental Program Manager. Requests to use such material must be in writing and include a MSDS of the material, method and timing of use, and composition of the material. Permission to use such materials may be withdrawn at any time. For facilities unable to install a grease trap or interceptor, the information shall be provided as a part of the food service facility permit application.

H. The use of grease decanting, where the material is collected in a tank truck and allowed to decant before returning the liquid back to the grease trap, is not permitted. Removal of grease from the interceptor or trap must be complete, and include all liquid and solids from the interceptor and/or trap.

I. Inspection. The County has the right to inspect all food service facilities on a scheduled or unscheduled basis. The food service facility shall allow the inspector the right of entry to areas where the grease is generated. Any reinspection shall incur an additional cost of $100. A yearly inspection shall be conducted for all permitted facilities to ensure compliance. Inspections shall also be conducted when new or replacement interceptors are installed. When the County performs an inspection, a record of the inspection shall be left with the food service facility. The record will note any deficiencies and recommended corrective actions.

J. Repairs. Each food service facility shall be responsible for the cost and scheduling of all repairs to its grease interceptor(s) or traps. Repairs required under a permit shall be completed within 14 calendar days of the written notice requiring such repairs.

K. Food service facility FOG interceptor and trap permits.

(1) All food service facilities, as defined in § 180-5, shall obtain a permit under the provisions of this code.

(2) Permit applications shall be provided on forms prescribed by the Public Works Director and submitted within one year of the effective date of this section or within three months of the oil and grease interceptor being installed. All permits will be effective beginning two years after the effective date of this section, and permit conditions shall be met within three years of the effective date of this section.

(3) The permit application shall list the name, address and telephone number of the applicant and owner of the food service facility, a description of the activities that generate grease, a drawing of the trap and/or interceptor, the number of employees, shifts and hours of operation, and a grease interceptor/trap maintenance plan. It shall be signed by an authorized representative of the owner.

(4) The appropriate application fee shall be as outlined in Chapter 128 and must accompany the application. Applications fees for interceptors may be waived if the FSF contracts with an interceptor management system contractor for maintenance of the interceptors. The Department must be provided with a copy of said contract. Alternatively, the FSF may attend an advanced FOG training class offered by the Department at least once during the permit period in order to have the application fee waived.

(5) Permits will be issued for a three-year period beginning January 1 of a calendar year and expiring December 31 of the third year and must be renewed triannually. An application for a renewal shall be submitted 60 days prior to the expiration of the current permit.

(6) The permit is issued to a specific owner for a specific operation and shall not be transferred to another owner under any circumstances, nor for a change in operations. A change in operations or a new owner is required to apply for a new permit.

(7) The permit shall be displayed in a prominent location where it can be seen by the staff of the food service facility and a copy must be kept on file.

(8) The County may modify any permit condition during the term of the permit.

(9) Each permittee shall receive a copy of the Fats, Oils and Grease Best Management Practices Manual and should follow the procedures outlined in the document. However, the practices contained within the FOG permit must be followed at all times.

(10) Records to be kept by the food service facility shall include all as-built drawings of the plumbing system, a copy of the permit, all records of inspections, the maintenance log, service receipts from grease haulers, hauler and disposal information, and any monitoring data. The file shall be made available to any authorized inspector upon request. Service and maintenance records shall be kept for a minimum of two years. Construction records shall be kept for the lifetime of the unit.

(11) Municipal contract users will have the authority to enforce the requirements of this code and apply fines for violations of the code as outlined in § 180-14G.

(12) Authorized brown grease trap haulers must be registered with the state and County pursuant to § 180-11 and must have the appropriate decal that shows they are an authorized grease hauler, and are subject to the violations, fines and penalties as outlined in § 180-14F.

(13) Grease traps and interceptors are not mandatory for food service facilities in existence on the effective date of this regulation who cannot physically install a grease trap or interceptor at their location, provided they apply for a permit, have a written professional engineer's opinion that one cannot be installed, have and continue to maintain a yellow grease recycling contract and provide an emulsifier, such as a detergent or enzyme product, that keeps the grease suspended in the wastewater.

(14) Annual inspections shall be conducted at a random time determined by the County to ensure that provisions of the issued permits are being complied with. If a federal, state or municipal institution has a program in place to allow the County inspector on-site during scheduled events, random inspection will not be required. Failure to comply will subject the permittee to the penalties outlined in § 180-14.

(15) Food service facilities with interior grease traps or interceptors must provide their own hose for the removal of the grease in the traps/interceptors. This hose must be capable of being connected to a grease hauler truck system located outside the premises.

L. The use of food grinders in food service facility sinks is prohibited since they tend to transport FOG and the resultant FOG can block piping and cause backups and sanitary sewer overflows, thus creating serious public health issues.

§ 180-14 Violations and penalties.

A. Harmful contributions. The Public Works Director may suspend the wastewater treatment service and/or an industrial wastewater discharge permit when such suspension is necessary, in the opinion of the Public Works Director, 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, to the environment, causes interference to the POTW or causes the Levy Court to violate any condition of its NPDES permit. Any person notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Public Works Director 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 Public Works Director shall reinstate the industrial wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying 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 Public Works Director within 15 days of the date of occurrence.

B. Revocation of permit. Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this section:

(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

(4) Violation of conditions of the permit.

C. Notification of violation. Whenever the Public Works Director finds that any user has violated or is violating this chapter, industrial wastewater discharge permit or any prohibition, limitation or requirements contained herein, the Public Works Director may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Public Works Director by the user.

D. Administrative orders.

(1) Consent orders. The Public Works Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action(s) to be taken by the user to correct the noncompliance within a time period specified in the document. Such documents shall have the same force and effect as other administrative orders listed in this section.

(2) Compliance orders. When the Public Works Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard, the Public Works Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(3) Cease-and-desist orders.

(a) When the Public Works Director finds that a user has violated, or continues to violate, any provisions of this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

[1] Immediately comply with all requirements; and

[2] Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(b) Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

E. Legal action. If any person violates pretreatment standards or any other requirements as contained in this chapter, any permits or orders issued hereunder, the County Attorney may commence an action for injunctive relief in a court of the competent jurisdiction.

F. Violations and penalties for septage and grease trap waste haulers.

(1) If any sanitary waste truck discharges waste into the County sewer system at locations other than those authorized, his permit may be suspended by the Public Works Director. Suspension of the permit cancels the right of the operator to discharge wastes from said truck into the County system. The holder of any suspended permit shall not be entitled to the return of any part of the fee paid for said permit. Such suspension shall not be lifted for a minimum of 30 days and except by the payment by the operator of a fee of $200 and the posting of a bond in the amount of $1,000 guaranteeing future compliance with these regulations for one year. Said bond shall be forfeited to Kent County upon any violation of these regulations.

(2) The Director of Public Works shall have the authority, upon notice to licensed or permitted septage or grease trap waste haulers, to set fines for prohibited discharges of no less than $1,000 or no more than $10,000 for each offense and to impose, separately or in conjunction with said fines, a suspension of any septage or grease trap waste hauling permit from no less than 10 days to no more than 30 days. Each day of continued violation shall be considered a separate violation.

(3) If the Director of Public Works determines that an offense meriting a second suspension of a septage or grease trap waste hauling permit exists, after an initial suspension has been imposed within the previous three years, the Public Works Director shall determine whether or not such septage or grease trap waste hauling permit shall be permanently revoked. After a third offense meriting suspension has been held to have occurred, the septage or grease trap waste hauling permit or permits of the septage or grease trap waste hauler involved, including permits of entities of which he is the owner, shall be revoked.

(4) Manner of assessment of fines and suspensions. Fines and suspensions shall be imposed on a graduated basis giving effect to the number of prior offenses, and the seriousness of each offense, on the following basis:

(a) Least serious offenses. For a first violation of the least serious types of offenses (including but not limited to failure to properly submit samples, picking up unpermitted loads, etc.), there shall be a fine of no less than $1,000. Each day of continued violation shall be considered a separate violation. In addition, the hauler will be required to abide by the manifesting provisions included in § 180-11I for a minimum of one year.

(b) Moderately serious offenses. For a first violation of a moderately serious type of offense (including but not limited to interference with proper sampling, failure to properly use the key card system, discharge of unpermitted materials not on prohibited list, etc.), there shall be a fine of no less than $3,000 or no more than $5,000. Each day of continued violation shall be considered a separate violation.

(c) Most serious offenses. For a first violation of the most serious type of offense (verbal or physical threatening of or intimidation of County employees, discharge of materials on the prohibited list, intentional falsification of forms), there shall be a fine of no less than $5,000 and no more than $10,000 and a suspension of permit for no less than 15 days. Each day of continued violation shall be considered a separate violation.

(d) For any violation determined to have been shown, whether or not contested or established by a hearing, the Public Works Director shall recover, in addition to any fines or other penalties, an amount equal to any monies expended by the Department of Public Works in prosecution of any offense under this section of the Code.

G. Violation and penalties covering oil and grease interceptor and trap requirements

(1) The Director of Public Works shall have the authority, upon notice to permitted oil and grease interceptors, to set fines for prohibited discharges of no less than $500 or no more than $10,000 for each offense and to impose, separately or in conjunction with said fines, a suspension of any oil and grease interceptor permit from no less than 10 days to no more than 30 days. Each day of continued violation shall be considered a separate violation.

(2) If the Director of Public Works determines that an offense meriting a second suspension of a permit exists, after an initial suspension has been imposed within the previous three years, the Public Works Director shall determine whether or not such permit shall be permanently revoked. After a third offense meriting suspension has been held to have occurred, the permit shall be revoked.

(3) Manner of assessment of fines and suspensions. Fines and suspensions shall be imposed on a graduated basis giving effect to the number of prior offenses, and the seriousness of each offense, on the following basis:

(a) Least serious offenses. For a first violation of the least serious types of offenses (including but not limited to failure to apply for an oil and grease interceptor as required in this Code), there shall be a fine of no less than $500. Each day of continued violation shall be considered a separate violation. In addition, the hauler will be required to abide by the manifesting provisions included in § 180-11I for a minimum of one year.

(b) Moderately serious offenses. For a first violation of a moderately serious type of offense (including but not limited to not maintaining the oil and grease interceptor as required under the permit, not maintaining the grease removal log, etc.) there shall be a fine of no less than $3,000 or no more than $5,000. Each day of continued violation shall be considered a separate violation.

(c) Most serious offenses. For a first violation of the most serious type of offense (verbal or physical threatening of or intimidation of County employees, discharge of materials on the prohibited list, intentional falsification of forms and applications, and grease removal log sheets), there shall be a fine of no less than $5,000 and no more than $10,000 and a suspension of permit for no less than 15 days. Each day of continued violation shall be considered a separate violation.

(d) For any violation determined to have been shown, whether or not contested or established by a hearing, the Public Works Director shall recover, in addition to any fines or other penalties, an amount equal to any monies expended by the Department of Public Works in prosecution of any offense under this section of the Code.

H. Criminal prosecution.

(1) A user who willfully or negligently violates any provisions of this Code, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $5,000 per violation, per day, or imprisonment for not more than one year, or both. Each day of continued violation shall be considered a separate violation.

(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $5,000, or be subject to imprisonment for not more than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under Delaware law. Each day of continued violation shall be considered a separate violation.

(3) A user who knowingly makes false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this Code, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Code shall, upon conviction, be punished by a fine of not more than $5,000 per violation, per day, or imprisonment for not more than one year, or both. Each day of continued violation shall be considered a separate violation.

(4) In the event of a second conviction, a user shall be punished by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than one year, or both. Each day of continued violation shall be considered a separate violation.

(5) Justices of the Peace or other judges shall not have the authority to suspend some or all of any fines imposed under this section of the Code for the moderate or more serious offenses detailed above.

I. Any person violating any of the provisions of this chapter shall become liable to the County for any expense, loss or damage occasioned the County by reason of such violation.

J. As an alternative, upon violation of this chapter, the proper authorities of the County, in addition to other remedies, may institute any appropriate action or proceedings, including an injunction to prevent such unlawful use, construction or maintenance of cesspools, septic tank, sewage disposal systems, pipe or drains, to restrain, correct or abate such violation, to prevent the occupancy of any building, structure or land where said violations of this chapter are found.

K. If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.

L. All other codes and parts of other codes inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict.

M. Remedies nonexclusive. The remedies provided for in this Code are not exclusive. The Public Works Director may take any, all or a combination of these actions against a noncompliant user. The Public Works Director may take other action against any user when the circumstances warrant. Further, the Public Works Director is empowered to take more than one enforcement action against any noncompliant user.

§ 180-15 Enforcement response plan; injunctive relief.

A. The Office of the Public Works Director shall utilize the enforcement response plan attached hereto and incorporated herein by this reference to determine the appropriate course of enforcement action for any violation of the Kent County industrial pretreatment program as detailed in § 180-12. The attached enforcement response plan shall be attached to the Kent County Sanitary Code, and shall be deemed a permanent part of the Kent County Sanitary Code.[1]

[1] Editor's Note: The Enforcement Response Plan is included as Appendix A at the end of this chapter.

B. When the Public Works Director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or other order issued hereunder or any other pretreatment standard or requirement, the Public Works Director may petition the court with appropriate jurisdiction through the County's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Public Works Director 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. The Public Works Director shall obtain approvals from Levy Court prior to initiating any of the above actions.