Wastewater

                                                                  Fees and Charges

53.115       Purpose
53.116       Charges and fees
53.117       Connection fees
53.118       Deposit
53.119       Trucker's discharge fees
53.120       User fees
53.121       Debt service, depreciation and minimum usage charge
53.122       OM&R charges: domestic wastewater and commercial wastewater
53.123       Industrial OM&R charge
53.124       Oil and grease surcharge
53.125       Billing
53.126       Financial management system
53.127       System development charges

                                                    Powers and Authority of Inspectors

53.135       Right to enter premises
53.136       Right to obtain information regarding discharge
53.137       Access to easements
53.138       Safety

                                                                       Enforcement

53.150       General provisions
53.151       Notice of violation
53.152       Administrative orders
53.153       Show cause hearing
53.154       Additional enforcement remedies
53.155       Written notice

53.999       Penalty

 

                                                            GENERAL PROVISIONS

§ 53.001  PURPOSE; POLICY.

(A)     This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general Pretreatment Regulations (40 CFR, Part 403).

(B)     The objectives of this chapter are:

(1)     To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)     To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters so as to cause violations of the city's KPDES Permit or the atmosphere or otherwise be incompatible with the system;

(3)     To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(4)     To provide for equitable distribution of the cost of the municipal wastewater system.

(C)    This chapter provides for the regulation of direct and indirect contribution to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(D)    This chapter shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the City Publicly Owned Treatment Works (POTW).  Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this chapter.

(E)     This chapter provides for the recovery of costs associated with operation, maintenance, and replacement (OM&R) and debt service associated with the municipal sanitary sewage treatment and collection system from users of the system.
(Ord. 477, passed 7‑24‑91; Am. Ord. 584, passed 5‑23‑95; Am. Ord. 628, passed 6‑24‑97; Am. Ord. 650, passed 6‑23‑98)

§ 53.002  DEFINITIONS AND ABBREVIATIONS.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

"ACT" or "THE ACT."  The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

"APPROVAL AUTHORITY."  The Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.

"AGENCY."  Any governmental or quasi governmental entity.

"AUTHORIZED REPRESENTATIVE."  An authorized representative of a user may be:

(1)     A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

(2)     A general partner or proprietor if the user is a partnership or proprietorship, respectively;

(3)     A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

An authorized representative of the city may be any person designated by the city to act on its behalf.

"BASELINE MONITORING REPORT (BMR)."  A report submitted by categorical industrial users within 180 days after the effective date of a categorical standard which indicates the compliance status of the user with the applicable categorical standard (40 CFR 403.12(b)).

"BIOCHEMICAL OXYGEN DEMAND (BOD)."  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20o Celsius expressed in milligrams per liter (mg/l).

"BUILDING DRAIN."  That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, water, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside an inner face of the building wall.

"BUILDING SEWER."  The extension from the building drain to the public sewer or other place of disposal, also called "house connection".

"BUILDING SEWER PERMIT."  As set forth in sections § 53.050.

"CATEGORICAL INDUSTRIAL USER."  An industrial user subject to categorical pretreatment standards which have been promulgated by EPA.

"CATEGORICAL PRETREATMENT STANDARDS." National Categorical Pretreatment Standards or Pretreatment Standard.  Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

"CITY."  The City of Bardstown, Kentucky; its City Council; the Superintendent; or their designee.

"CITY ENGINEER."   The City Engineer of the city, or his authorized deputy, agent or representative.  In the absence of a City Engineer, the term Superintendent shall be used.

"CLEAN WATER ACT (CWA)."  (Also known as the "Federal Water Pollution Control Act") Public Law 92‑500.  October 18, 1972. 33 U.S.C.

1251 et seq: as amended by PL 95‑217.  December 28, 1977; PL 97‑117  December 29, 1981; PL 97‑440, January 8, 1983, and PL 100‑04, February 4, 1987.

"COMBINED SEWER."  Any conduit carrying both sanitary sewage and storm water or surface water.

"COMBINED WASTESTREAM FORMULA (CWF)."  Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream is combined with other non-regulated wastestreams prior to treatment (40 CFR 403.7).

"COMMERCIAL USER."  All retail stores, restaurants, office buildings, laundries, and other private business and service establishments.

"COMPATIBLE POLLUTANT."  Biochemical oxygen demand, suspended solids, and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES/KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants so as to ensure compliance with the POTW's NPDES/KPDES permit.

"CONCENTRATION-BASED LIMIT."  A limit based on the relative strength of a pollutant in a wastestream, ususally expressed in mg/l.

"CONTROL AUTHORITY."  Shall refer to the city when there exists an approved Pretreatment Program under the provisions of 40 CFR 403.11.

"COOLING WATER."  The water discharge from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

"DAILY MAXIMUM."  The maximum allowable value for any single observation in a given day.

"DEBT SERVICE."  Charges levied on users of the wastewater treatment works to support the annual debt service obligations of the system.

"DILUTE WASTESTREAM."  Boiler blowdown, sanitary wastewater, noncontact cooling water and certain process wastestreams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant.

"DIRECT DISCHARGE."  The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky.

"DISCHARGER."  Any person that discharges or causes a discharge to a public sewer.

"DOMESTIC WASTEWATER."  The water-carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.

"EASEMENT."  An acquired legal right for the specific use of land owned by others.

"EFFLUENT."  The liquid overflow of any facility designed to treat, convey or retain wastewater.

"ENVIRONMENTAL PROTECTION AGENCY" or "EPA."  The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or their duly authorized official of said agency.

"EQUIPMENT."  All movable, non-fixed items necessary to the wastewater treatment process.

"FLOW PROPORTIONAL COMPOSITE SAMPLE."  Combination of individual samples proportional to the flow of the wastestream at the time of sampling.

"FLOW WEIGHTED AVERAGING FORMULA (FWA)."  A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and nonregulated wastestreams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403.

"GARBAGE."  The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

"GOVERNMENTAL USER."  Includes legislative, judicial, administrative, and regulatory activities of federal, state and local governments.

"GRAB SAMPLE."  A sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.

"HOLDING TANK WASTE."  Any waste from holding tank such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

"INCOMPATIBLE POLLUTANT."  All pollutants other than compatible pollutants as defined in "COMPATIBLE POLLUTANTS."

"INDIRECT DISCHARGE."  The discharge or the introduction of non-domestic pollutants from any source regulated under section 307 (b) or
(c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).

"INDUSTRIAL USER (IU)."  A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Clean Water Act.

"INDUSTRIAL WASTEWATER DISCHARGE PERMIT."  A permit issued to industrial users which authorizes discharges to the public sewer as set forth in §§ 53.085 through 53.102.

"INDUSTRIAL WASTES."  The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.

"INSTITUTIONAL USER."  Includes social, charitable, religious and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

"INTERCEPTOR."  A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes while permitting normal sewage or liquid wastes to discharge into the sewer system or drainage system by gravity.  Interceptor as defined herein is commonly referred to as grease, oil, or sand trap.

"INTERFERENCE."  A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

2) Therefore is a cause of a violation of any requirement of the POTW's NPDES/KPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations):  Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act (40 CFR 403.3).

"MAY."  This is permissive (see "SHALL").

"MONTHLY AVERAGE."  The maximum allowable value for the average of all observations obtained during one month.

"MULTI-UNIT SEWER CUSTOMER."  A location served where there are two or more residential units or apartments, two or more businesses in the same building or complex, or where there is any combination of business and residence in the same building or complex.

"NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD."  Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act which applies to a specific category of industrial users.  This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

"NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM OR

NPDES/KPDES PERMIT."  A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1332), or a permit issued by the Commonwealth of Kentucky under this authority and referred to as KPDES.

"NATURAL OUTLET."  Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or groundwater.

"NEW SOURCE."  Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register.  Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

"NINETY (90) DAY COMPLIANCE REPORT."  A report submitted by a categorical industrial user, within 90 days following the date for final compliance with applicable categorical standards that documents and certifies the compliance status of the user (40 CFR 403.12(d)).

"NORMAL DOMESTIC WASTEWATER."  Wastewater that has a BOD concentration of not more than 250 mg/l, a suspended solids concentration of not more than 250 mg/l, and an ammonia-nitrogen concentration of not more than 20 mg/l.

"OPERATION AND MAINTENANCE."  Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and for which such works were designed and constructed.  The term "operation and maintenance" includes replacement as defined below.

"PASS THROUGH."  A discharge of pollutant which cannot be treated adequately by the POTW, and therefore exits into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES/KPDES permit (including an increase in the magnitude or duration of a violation) (40 CFR 403.3).

"PERIODIC COMPLIANCE REPORT."  A report on compliance status submitted by significant industrial users to the Control Authority at least semiannually (40 CFR 403.12(e)).

"PERSON."  Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estates, governmental entity or any other legal entity, or their legal representatives, agent or assigns.  The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

"pH."  The logarithm of the reciprocal of the hydrogen ion concentration.  The concentration is the weight of hydrogen ions, in grams, per liter of solution.

(b) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant, or

(c) Has a reasonable potential, in the opinion of the Control or Approval Authority , to adversely affect the POTW treatment plant (inhibition, pass through of pollutants, sludge contamination or endangerment of POTW workers).
(Ord. 571, passed 1‑19‑95)

"SLUG DISCHARGE."  Any discharge of a non-routine episodic nature including, but not limited to, an accidental spill or non-customary batch discharge or any discharge of water or wastewater in which the concentration of any given constituent or quantity of flow exceeds, for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flow rate during normal operation which adversely affects the POTW.

"SLUG LOAD."  Any pollutant (including Biochemical Oxygen Demand) released in a discharge at a flow rate or concentration which will cause interference with the operation of the treatment works or which exceeds limits set forth in the Industry's Discharge Permit and which include accidental spills.

"SLUG LOAD CONTROL PLAN."  A plan prepared by an industrial user to minimize the likelihood of a slug load to the POTW and to expedite control should a slug load occur.

"SPILL PREVENTION AND CONTROL PLAN."  A plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.

"SPLIT SAMPLE."  Portion of a collected sample given to the industry or to another agency to verify or compare laboratory results.

"STANDARD INDUSTRIAL CLASSIFICATION (SIC)."  A classification scheme based on the type of industry or process at a facility.

"STANDARD METHODS."  The examination and analytical procedures set forth in the recent editions of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record, 40 CFR 136.

"STATE."  Commonwealth of Kentucky.

"STORM DRAIN" (Sometimes Termed "STORM SEWER").   A drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.

"STORM WATER."  Any flow occurring during or following any form of natural precipitation and resulting therefrom.

"SUPERINTENDENT."  The Civil Engineer of the City of Bardstown or his assigned deputy, agent, or representative.

"SUSPENDED SOLIDS (SS)."  Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

"TIME PROPORTIONAL COMPOSITE SAMPLE."  Combination of individual samples with fixed volumes taken at specific time intervals.

"TOXIC ORGANIC MANAGEMENT PLAN."  Written plan submitted by industrial users as an alternative to TTO monitoring, which specifies the toxic organic compounds used, the method of disposal used and procedures for assuring that toxic organics do not routinely spill or leak into wastewater discharged to the POTW.

"TOXIC POLLUTANT."  Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA Section 307 (a) or any amendments thereto.

"TREATMENT WORKS."  Any devices and systems for the storage, treatment, recycling and reclamation of municipal wastewater, domestic wastewater or liquid industrial wastes.  These include intercepting sewers, outfall sewers, wastewater collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

"UNPOLLUTED WATER."  Water of quality equal to or better than the treatment works effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

"UNREGULATED WASTESTREAM."  A wastestream that is not regulated by National Categorical Pretreatment Standards.

"USEFUL LIFE."  The estimated period during which a treatment works will be operated.

"USER."  Any person who contributes, causes or permits the contribution of wastewater into the POTW.

"USER CHARGE."  The total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, replacement and debt service expenses of the wastewater treatment works.

"WASTEWATER."  The spent water of a community.  Sanitary or domestic wastes shall mean the liquid and water carried wastes from residences, commercial buildings and institutions as distinct from industrial waste.

"WASTEWATER FACILITIES."  The structures, equipment, and processes required to collect, carry away, treat domestic and industrial wastes, and dispose of the effluent.

"WASTEWATER TREATMENT WORKS."  An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant" or "sewage treatment plant".

"WATER METER."  A water volume measuring and recording device, furnished and/or installed by a user and approved by the city of Bardstown.

"WATERCOURSE."  A natural or artificial channel for the passage of water either continuously or intermittently.

"WATERS OF THE STATE."  All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

The following abbreviations shall have the designated meaning:

ADMI  - American Dye Manufacturers Institute
ASTM  - American Society for Testing and Materials
BMP   - Best Management Practices
BOD            - Biochemical Oxygen Demand
BPJ   - Best Professional Judgment
CFR - Code of Federal Regulations
CIU   - Categorical Industrial User
CWA          - Clean Water Act of 1979
CWF   - Combined Wastestream Formula
EPA  - Environmental Protection Agency
FWA   - Flow Weighted Average
FR    - Federal Register
GC    - Gas Chromatography
GC/MS - Gas Chromatography/Mass Spectroscopy
gpd   - gallons per day
IU    - Industrial User
l     - Liter

mg    - Milligrams
mg/l  - Milligrams per Liter
NPDES - National Pollutant Discharge Elimination System
KPDES - Kentucky Pollution Discharge Elimination System
POTW        - Publicly Owned Treatment Works
QA    - Quality Assurance
QC    - Quality Control
RCRA  - Resource Conservation and Recovery Act
SIC   - Standard Industrial Classification
SIU   - Significant Industrial User
SWDA       - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq.
TSS  - Total Suspended Solids
TTO   - Total Toxic Organics
USC - United States Code
(Ord. 477, passed 7‑24‑91; Am. Ord. 584, passed 5‑23‑95; Am. Ord. 628, passed 6‑24‑97; Am. Ord. 650, passed 6‑23‑98)

USE OF PUBLIC SEWERS

§ 53.020  MANDATORY SEWER CONNECTIONS.

(A)     The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.

(B)     It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater where public sanitary sewer service is available, as defined in division (A), except as provided for in §§ 53.035 and 53.036.

(C)    At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public system within 60 days in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material or salvaged and removed.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.021  UNLAWFUL DISCHARGE TO STORM SEWERS OR NATURAL OUTLETS.

(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 city, or in any area under the jurisdiction of the city, or into any sewer which connects to the storm sewer system of the city, except in compliance with the provisions of this chapter.

(B)     It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment or management has been provided in accordance with subsequent provisions of this chapter.  No provision of this chapter shall be construed to relieve the owner of a discharge to any natural outlet of the responsibility for complying with applicable state and federal regulations governing such discharge.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.022  COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS.

The discharge of any wastewater into the public sewer system by any person is unlawful except in compliance with the provisions of this chapter, and any more stringent state or federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972, the Clean Water Act of 1977, and subsequent amendments, and 40 CFR 403. (Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.023  DISCHARGE OF UNPOLLUTED WATERS INTO SEWER.

(A)     No person(s) shall discharge or cause to be discharged, through any leak, defect, or connection any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or to any sanitary sewer, building, sewer, building drain or building plumbing. The Superintendent or his representative shall have the right, at any time, to inspect the inside or outside of buildings or smoke test for connections, leaks, or defects to building sewers and require disconnection or repair of any such pipes carrying such water to the building sewer.  No sanitary drain sump or sump pump discharge by manual switch-over of discharge connection shall have a dual use for removal of such water.

(B)     The owners of any building sewers having such connections, leaks, or defects shall bear all costs incidential to removal of such sources.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.024  PROHIBITED DISCHARGES.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with or pass through 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.  A user shall not contribute the following substances to the POTW:

(A)     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 the wastewater exhibit a closed cup flashpoint of less than 140o F. or 60o C. using the test methods specified in 40 CFR 261.21.

(B)     Any waters or wastes having a pH lower than 5.5 or higher than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the POTW.

(C)    Any slug load of pollutants, including oxygen demanding pollutants (BOD, and the like), released at a flow rate and/or concentration that will cause interference with the normal operation of the POTW.

(D)    Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, i.e., wood, glass, ashes, sand, cinders, unshredded garbage, paper products, such as cups, dishes, napkins and milk containers, etc.)

(E)     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 that will result in a treatment plant influent temperature which exceeds 40o C. (104o F.).

(F)     Any pollutant(s) 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.

(G)    Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program.  In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance 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, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.

(H)    Any substance which will cause the POTW to violate its NPDES/KPDES Permit and/or sludge disposal system permit.

(I)      Any trucked or hauled pollutants except at discharge points designated by the POTW.
(Ord. 477, passed 7‑24‑91; Am. Ord. 584, passed 5‑23‑95)  Penalty, see § 53.999

PRIVATE WASTEWATER DISPOSAL

§ 53.035  PUBLIC SEWER NOT AVAILABLE.

(A)     Where a public sanitary sewer is not available under the provisions of "Use of Public Sewer" §§ 53.020 through 53.034 the building sewer shall be connected, until the public sewer is available, to a private wastewater disposal system complying with the provisions of the Nelson County Health Department and all applicable local and state regulations.

(B)     The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(C)    No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by applicable local or state regulations.

(D)    Holders of NPDES/KPDES Permits excepted.  Industries with current NPDES/KPDES permits may discharge at permitted discharge points provided they are in compliance of the issuing authority.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.036  REQUIREMENTS FOR INSTALLATION.

(A)     The type, capacity, location and layout of a private sewage disposal system shall comply with all local or State regulations.

(B)     A permit for private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the local and state authorities.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

BUILDING SEWERS AND CONNECTIONS

§ 53.050  PERMITS.

(A)     There shall be two classes of building sewer permits required:

(1)     For residential; and

(2)     For service to commercial and industrial establishments.  In either case, the owner(s) or his agent shall make application on a special form furnished by the city.  Applicants for service to commercial and industrial establishments shall be required to furnish information about all waste producing activities, wastewater characteristics and constituents.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent.  Details regarding commercial and industrial permits include, but are not limited to those required by this chapter.  Permit and inspection fees shall be paid to the city at the time the application is filed.

(B)     Users shall promptly notify the city in advance of any introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.  The Superintendent may deny or condition the new introduction or change in discharge based on the information submitted in the notification or additional information as may be requested.

(C)    No person(s) shall uncover, plug or make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining permission from the Superintendent.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.051  PROHIBITED CONNECTIONS.

(A)     No person shall make connection of roof downspouts, basement wall seepage or floor seepage, exterior foundation drains, areaway drains, or other surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.  Any such connections which already exist on the effective date of this chapter shall be completely and permanently disconnected within 60 days of the effective date of this chapter.  The owner(s) of any building sewers having such connections, leaks or defects shall bear all costs incidental to removal of such sources.  Pipes, sumps, and pumps for such sources of ground and surface water shall be separate from wastewater facilities.  Removal of such sources of water without presence of separate facilities shall be evidence of drainage to public sanitary sewer.

(B)     Floor, basement, or crawl space drains which are lower than ground surfaces surrounding the building shall not be connected to the building sanitary sewer.  No sanitary inlet which is lower than six inches above the top of the lowest of the two adjacent public sanitary sewer manholes shall be connected by direct drainage to the building sanitary sewer.  Building sanitary sewer connections in structures not meeting the criteria of this section will be permitted only if the property owner has:

(1)     Installed an individual pumping facility at the structure to receive the building sewage.  The pumping facility shall include a discharge pipe with a high point which meets the criteria above; or,

(2)     Installed a sewer backflow stop or flap of such nature and design to provide gravity flow to the sanitary sewer system and to prevent sewage backflow into the property improvement.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.052  DESIGN AND INSTALLATION.

(A)     A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway.  The sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

(B)     Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the Superintendent, to meet all requirements of this chapter.  Permit and inspection fees for new buildings using existing building sewers shall be the same as for new building sewers.  If additional sewer customers are added to the old building sewers, additional sewer tap fees shall be charged accordingly even though no new sewer tap is actually made into the city system.

(2)     It is the further purpose of this section to meet the requirements of 401 KAR 8:020 as enacted by the Kentucky Natural Resources and Environmental Protection Cabinet.

(3)     This section is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of 401 KAR 8:020.

(B)     Definitions.  As used in this section, unless the context clearly requires a different meaning:

"AUXILIARY WATER SUPPLY."  Any water supply on or available to the premises other than the city's public water supply. These auxiliary waters may include water from any natural source such as a well, spring, river, stream or body of water or any water or other substance of unknown or questionable quality that may present a health or system hazard to the potable public water supply.

"BACKFLOW."  The reversal of the normal flow of water caused by either back pressure or back siphonage.

"BACKFLOW PREVENTION ASSEMBLY."  An assembly or means designed to prevent backflow. A listing of acceptable backflow prevention assemblies and degree of hazard is available in the Kentucky State Plumbing Law, Regulations and Code.

"CONTAMINATION."  An impairment of the quality of the potable water supply by any waste product, fluid, substance, compound or other material to a degree which creates an actual or potential hazard to the public health through poisoning or through the spread of disease.

"CROSS-CONNECTION."  Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable water or substance of questionable quality, through which, or because of which, backflow may occur into the potable water system.

"THERMAL EXPANSION TANK."  A device installed on the cold water supply line near a water heater to compensate for the expansion of water within a water system when such water is heated.

(C)    Requirements.  The city shall provide protection to the public water system against backflow by implementing the following requirements.

(1)     "Residential."  Buildings used for habitation or occupancy shall be considered as residential buildings.  No new water service connection to any premises shall be installed or allowed to be installed by the city unless such service connection is protected by a backflow prevention assembly.  Residential service connections shall be considered as low hazard applications and all such connections shall have at a minimum a check valve backflow preventer installed between the water meter and the residence.  The city may require additional or alternate backflow prevention assemblies if the degree of hazard constitutes a higher level of protection for the public water system.

(2)     "Nonresidential."  No new water service connection to any nonresidential facility shall be installed or allowed to be installed by the city unless such water service connection is protected by a backflow prevention assembly.  The type of protective device required shall be determined at the time of installation of the service connection and shall be commensurate with the degree of hazard at the point of such service connection.  At a minimum, the service connection shall be installed with a check valve backflow preventer.  In the event activities occur within a nonresidential facility changing and creating a higher degree of hazard, then the backflow prevention assembly shall be replaced with an assembly which provides acceptable protection.

(3)     "Inspections."  The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the city to determine whether cross-connections or other structural or sanitary hazards, including violation of this section, exist.  When such a condition becomes known, the city shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition in conformance with the state and city statutes relating to plumbing, water supplies and the regulations adopted pursuantly thereto.  Water service to any premises shall be discontinued if it is found that a backflow prevention assembly required by this section has been removed, bypassed, or if an unprotected cross-connection exists on the premises.  Service will not be restored until such conditions or defects are corrected.

(4)     "Existing service connections."  All existing water service connections which do not have backflow prevention assemblies or existing water service connections which have less than the minimum required backflow prevention assemblies, shall, except for the inspection requirements, be excluded from the requirements of this section so long as the city is assured that the public water system is satisfactorily protected.  However, if the city determines that a hazard to health exists, then a backflow prevention assembly meeting the requirements of this section may be installed on such existing service connection.  Backflow prevention assembly shall not be installed on existing service connections until after the property owner of such residential or commercial property has been informed of the actual and potential hazards that may be created as a result of such backflow assembly installation.  Notices provided to such property owners shall include the following language as adopted in 815 KAR 20:120 Section 2. item (6):  When cross-connection control devices are properly installed, they create a closed water system.  A properly sized thermal expansion tank shall be installed in the cold water supply located as near the water heater as possible.
(Ord. 784, passed 10‑14‑03)

                                                    POLLUTANT DISCHARGE LIMITS

§ 53.065  GENERAL CONDITIONS.

The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems to concentration or quantities which will not harm either the sewers, wastewater treatment process or equipment, will maintain and protect water quality in the receiving  stream,  or will not otherwise endanger  lives, limb, public property, or constitute a nuisance.  The Superintendent may set additional limitations or limitations more stringent than those established in the provisions below if in his opinion more severe limitations are necessary to meet the above objectives.  In forming his opinion as to the acceptability of a discharge, the Superintendent shall give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors.
(Ord. 477, passed 7‑24‑91)

§ 53.066  RESTRICTED DISCHARGES.

(A)     Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

(B)     Any garbage that has not been properly shredded.  Garbage grinders may be connected to sanitary sewers from homes, motels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(C)    Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants which: injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, causes the city to violate the terms of its KPDES Permit, prevents the use of acceptable sludge disposal methods, or to exceed the limitations set forth in a Categorical Pretreatment Standard.

(D)    Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city in compliance with applicable State or Federal Regulations.

(E)     Any water or wastes which by interaction with other water or wastes in the public sewer system, release obnoxious gases, from suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(F)     Any wastewater with objectionable color which cannot be removed to an acceptable level within the operation of the wastewater treatment process unless otherwise specifically noted in the Industrial Wastewater Discharge Permit (IUP).

(G)    Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed to the extent required by the city's NPDES/KPDES Permit.

(H)    Any waste(s) or wastewater(s) classified as a hazardous waste by the Resource Conservation and  Recovery Act  (RCRA) without a 60 days prior notification of such discharge to the Superintendent.  This notification must include the name of the hazardous waste, the EPA hazardous waste number, type of discharge, volume/mass of discharge and time of occurrence(s).  The Superintendent may prohibit or condition the discharge)s) at any time.

(I)      Any water or wastes which have a concentration greater than 100 mg/l of oil and grease (total).  Any person discharging wastewater exceeding this limit shall be subject to a surcharge fee for each pound loading over and above this limit.  Exceeding of this limit shall not be deemed to constitute a violation of a permit condition or this chapter if the appropriate surcharge fee is paid and the discharge does not cause interference or pass through of the POTW.

(J)     The following limitations are established for characteristics of any wastewaters to be discharged into the municipal sewer system subject to any compliance schedule as established in the Industrial Wastewater Discharge Permit.  All significant industrial users must comply with these limitations where they are more stringent than applicable state and/or federal regulations subject to any compliance schedule as established in the Industrial wastewater Discharge Permit. All significant industrial users must comply with these limitations where they are more stringent than applicable state or federal regulations.

Parameter                                       Maximum Daily concentration (mg/)l
Arsenic                                                                                            0.18
Cadmium                                                                                        0.06
Chromium                                                                                      2.77
Chromium, Hexavalent                                                      0.14
Copper                                                                                            1.30
Cyanide, amendable                                                          0.16
Iron                                                                                         25.0
Lead                                                                                       0.28
Mercury                                                                                           0.001
Molybdenum                                                                                  0.57
Nickel                                                                                              2.89
Selenium                                                                              0.14
Silver                                                                                               0.43
Zinc                                                                                        2.61

(K)     The city has received authority through the U.S. EPA and State Statutes to enforce the requirements of 40 CFR Subchapter N and 40 CFR Park 403.  All users shall comply with the requirements of those regulations.
(Ord. 477, passed 7‑24‑91; Am. Ord. 675, passed 9‑14‑99; Am. Ord. B2006-13, passed 6-6-06)  Penalty, see § 53.999

§ 53.067  DILUTION OF WASTEWATER 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 pollutant specific limitation developed by the city or state.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.99

§ 53.068  GREASE, OIL, AND SAND INTERCEPTORS.

(A)     Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptor shall not be required for private living quarters or dwelling units.  All interceptors shall be of type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

(B)     In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal.  The city may require reporting of such information for their review.  Any removal and hauling of the collected materials licensed waste disposal firms, interceptors shall also comply with applicable regulations of the County Health Department.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.069  SPECIAL INDUSTRIAL PRETREATMENT REQUIREMENTS.

(A)     Pursuant to the requirements imposed on publicly owned wastewater treatment works by the Federal Water Pollution Control Act Amendments of 1972 and later amendments, all pretreatment Standards promulgated by the U.S. Environmental Protection Agency for new and existing industrial dischargers to public sewer systems are hereby made a part of this chapter.  Any industrial waster discharge which violates these EPA Pretreatment Standards shall be in violation of this chapter.

(B)     Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes.  The industry shall be solely responsible for the continued maintenance in satisfactory and effective operation of such facilities at their expense.  The city may agree to assume these responsibilities if proper and appropriate arrangements for reimbursement of cost are made.

(C)    Any person who transports septic tank, seepage pit or cesspool contents, liquid industrial waste or other batch liquid waste and wished to discharge such waste to the public sewer system shall first have a valid Trucker's Discharge Permit.  All applicants for a Trucker's Discharge Permit shall complete the application form, pay the appropriate fee, and receive a copy of the city's regulations governing discharge to sewers of liquid wastes from trucks.  All persons receiving such permits shall agree, in writing, to abide by all applicable provisions of this chapter, and any other special provisions that may be established by the city as necessary for the proper operation and maintenance of the sewerage system.

(D)    It shall be illegal to discharge any batch liquid waste into any manhole or other part of the public sewer system, or any building sewer or other facility that discharges to the public sewer system, except at designated points of discharge specified by the city for such purpose.

(E)     Any liquid waste hauler illegally discharging to the public sewer system shall be subject to immediate revocation of discharge privileges and further subject to the penalties and enforcement actions prescribed in § 53.999.

(F)     Waste haulers who have been granted permission to discharge to the public sewer system shall pay fees for such discharge in accordance with a fee schedule established by the Superintendent and approved by the city.

(G)    Nothing in this chapter shall relieve waste haulers of the responsibility for compliance with County Health Department, state, or federal regulations.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.070  PROTECTION FROM ACCIDENTAL AND SLUG DISCHARGES.

(A)     Each significant user shall provide protection from accidental and/or slug discharges of prohibited materials or other substances regulated by this chapter which adversely affects the POTW.  Facilities to prevent accidental and/or slug discharges of prohibited materials shall be provided and maintained at the owner or user's own cost and expense.  Once every two years, the Superintendent will determine whether each industrial user needs to develop or update a plan to control slug discharges.  If the Superintendent determines that a slug control plan or revision is necessary, the plan shall contain the following:

(1)     Description of discharge practices

(2)     Description of stored chemicals

(3)     Procedures for notifying POTW

(4)     Prevention procedures for spills

In the case of all possible or actual accidental and/or slug discharges, 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.

(B)     Written notice.  Within five days following an accidental discharge, the user shall submit to the Superintendent 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 article, the Enforcement Response Plan or other applicable law.

(C)    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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.071  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 in this chapter.
(Ord. 477, passed 7‑24‑91)

§ 53.072  CITY'S RIGHT OF REVISION.

The city reserves the right at the recommendation of the Superintendent to establish by majority vote of its Council, more stringent limitations, or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this chapter.
(Ord. 477, passed 7‑24‑91)

§ 53.073  FEDERAL CATEGORICAL PRETREATMENT STANDARDS.

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular 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.
(Ord. 477, passed 7‑24‑91)

                                      PRETREATMENT PROGRAM ADMINISTRATION

§ 53.085  WASTEWATER DISCHARGES.

(A)     It shall be unlawful to discharge to the POTW any wastewater except as authorized by the city in accordance with the provision of this chapter.

(B)     Any agency and/or industry outside the jurisdiction of the city that desires to contribute wastewater to the POTW must first sign (through an authorized representative) an interjurisdictional agreement, whereby the agency and/or industry agrees to be regulated by all provisions of this chapter and state and federal regulations.  An Industrial Wastewater Discharge Permit may then be issued by the Superintendent in accordance with § 53.086.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.086  INDUSTRIAL WASTEWATER DISCHARGE PERMITS.

(A)     General.  All significant industrial users proposing to connect to or to contribute to the POTW shall obtain an Industrial Wastewater Discharge Permit before connecting to or contributing to the POTW.

(B)     Permit application.  Users required to obtain an Industrial Wastewater Discharge Permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a permit fee.  New users shall apply at least 90 days prior to connecting to or contributing to the POTW.  Existing permit holder shall apply no later than 60 days prior to the expiration of permit.  In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(1)     Name, address, and location if different from the address;

(2)     SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended;

(3)     Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the city; 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, Part 136, as amended;

(4)     Time and duration of contribution;

(5)     Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation if any;

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

(7)     Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharge;

(8)     Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, 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 pretreatment is required for the user to meet applicable pretreatment standards;

(9)     If additional pretreatment 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:

(a)     The schedule must be acceptable to the city.

(b)     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.

(c)     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 Superintendent 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 and the reason for delay, and the steps being taken by the user to return the construction to the schedule established.

(10)   Each product produced by type, amount, process or processes, and the rate of production;

(11)   Type and amount of raw materials processed (average and maximum per day);

(12)   Number of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(13)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.

(14)   A copy of the industry's written environmental control program, comparable document, or policy.
(Ord. 477, passed 7‑24‑91)

§ 53.087  ISSUANCE.

The city shall evaluate the data furnished by the user and may require additional information.  After evaluation and acceptance of the data furnished, the Superintendent or their designee may issue an Industrial Wastewater Discharge Permit subject to terms and conditions provided herein.
(Ord. 477, passed 7‑24‑91)

§ 53.088  PERMIT MODIFICATIONS.

Within nine months of the promulgation of a National Categorical Pretreatment Standards, the Industrial Wastewater Discharge Permit of users subject to such standards shall be revised to required compliance with such standards within the time frame prescribed by such standards.  Where a user, subject to National Categorical Pretreatment Standards, 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 90 days after the promulgation of the applicable National Categorical Pretreatment Standard.  In addition, the user with an existing Industrial Wastewater Discharge Permit shall submit, to the Superintendent within 90 days after the promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by this chapter.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.093  COMPLIANCE DATA REPORTING.

Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards or, in the case of a new user, following commencement of the introduction of wastewater into the POTW, any user subject to Federal Categorical Pretreatment Standards and Requirements shall submit, to the Superintendent, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Categorical Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such Categorical Pretreatment Standards or Requirements.  The report shall state whether the applicable Categorical Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional pretreatment and time schedule is necessary to bring the user into compliance with the applicable Categorical Pretreatment Standards or Requirements.  This statement shall be signed by an authorized representative of the user.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.094  PERIODIC COMPLIANCE REPORTS.

(A)     All significant industrial users shall submit, to the Superintendent, every six months (on dates specified in the Industrial Wastewater Discharge Permit) unless required more frequently by the Permit, a report indicating, at a minimum, the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards or the discharge permit.  In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow.  At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.

(B)     All analyses shall be performed by a laboratory acceptable to the city.  Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the U.S. EPA Administrator.  Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator.

(C)    Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant(s) 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 U.S. EPA Administrator.

1992 S‑9

§ 53.095                                          BARDSTOWN - WASTEWATER                                            44F

 

(D)    A Baseline Monitoring Report (BMR) must be submitted to the Superintendent by all categorical industrial users at least 90 days prior to initiation of discharge to the sanitary sewer.  The BMR must contain, at a minimum, the following:

(1)     Production data: a process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system.

(2)     Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility.

(3)     Wastewater characteristics: total plant flow, types of discharges, average and maximum flows from each process.

(4)     Nature/concentration of pollutants: analytical results for all pollutants regulated by this chapter and/or any applicable federal pretreatment standard and sample type and location. All analyses must conform with 40 CFR Part 136 and amendments thereto.

(5)     Information concerning any pretreatment equipment used to treat the facility's discharge.

(E)     New sources shall give estimates of the information requested in divisions (D)(3) and (D)(4) of this section, but at no time shall a new source commence discharge to the public sewer with known substances that do not meet provisions of this chapter.  All new sources must be in compliance with all provisions of this chapter, state, and federal pretreatment regulations prior to commencement of discharge to the public sewer.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.095  PERMIT VIOLATIONS.

(A)     All significant industrial users must notify the Superintendent within 24 hours of first becoming aware of a permit violation.  This notification shall include the date of violation, the parameter violated and the amount in exceedance.

(B)     The user shall immediately repeat the sampling and analysis of the parameter(s) in question and submit the results to the Superintendent within 30 days after becoming aware of the violation.  Exception to this regulation is only if the city performs the sampling within the same time period for the same parameter(s) in question.

(C)    Compliance with the terms of an Industrial Wastewater Discharge Permit shall be deemed in compliance with the terms of this chapter.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

 

§ 53.096  MONITORING.

(A)     (1)     The city may require significant users 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 system.  The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in a public right-­of-way.  The Superintendent shall review and approve the location, plans, and specifications for such monitoring facilities and may require them to be constructed to provide for the separate monitoring and sampling of industrial waste and sanitary sewage flows.

(1)     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 shall be designed and maintained in a manner such that the safety of city and industrial personnel shall be foremost.  The facility, sampling, and measuring equipment shall be maintained at all times in a proper operating condition at the expense of the user.

(2)     Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications.  Construction shall be completed within 90 days following approval of the location, plans and specifications.

(B)     All sampling analyses done in accordance with approved federal EPA procedures by the industrial user during a reporting period shall be submitted to the Superintendent regardless of whether or not that analysis was required by the industrial user's discharge permit.

(C)    The industrial user must receive the approval of the Superintendent before changing the sampling point and/or monitoring facilities to be used in all required sampling.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.097  INSPECTION AND SAMPLING.

(A)     The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with.  Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, copying records, records examination or in the performance of any of their duties.

(B)     The city, approval authority, and 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.  Where a  user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements for their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.098  PRETREATMENT.

All significant industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with any applicable Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations.  The city may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any industrial user that cannot meet discharge limits required by this chapter. Any facilities required to pretreat wastewater to a level required by this chapter 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 city for review, and shall be acceptable to the city 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 that complies with 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 city prior to the user's initiation of the changes.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.099  ANNUAL PUBLICATION.

(A)     The city shall annually publish in a newspaper of local circulation a list of significant users which were in significant non-compliance with any pretreatment requirements or standards.  The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

(B)     All records relating to the city's pretreatment program shall be made available to officials of the EPA or approval authority upon request.  All records shall be maintained for a
minimum of three years in accordance with 40 CFR 403.12(0)(2).
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.100  SIGNIFICANT NON-COMPLIANCE.

An industrial user is defined as being in significant non­compliance when it commits one or more of the following conditions:

(A)     Causes imminent endangerment to human health or the environment or results in the exercise of emergency authority;

(B)     Involves failure to report noncompliance accurately;

(C)    Results in a chronic violation defined here as 66% or more of all measurements taken during a six-month period that exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.

(D)    Results in a Technical Review Criteria (TRC) Violation defined here as 33% or more of all measurements for each pollutant parameter taken during a six-month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and O&G and 1.2 for all other pollutants except pH).

(E)     Any violation of a pretreatment effluent limit that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through or has endangered the health of the POTW personnel or the public.

(F)     Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the POTW's use of its emergency authority to halt or prevent such a discharge.

(G)    Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by 90 days or more after the schedule date.

(H)    Failure to provide required reports within 30 days of the due date.

(I)      Any violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 477, passed 7‑24‑91)  Penalty, see § 53.999

§ 53.101  CONFIDENTIAL INFORMATION.

(A)     Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests in writing and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.

(B)     When requested 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 to all governmental agencies for uses related to this chapter, the NPDES/KPDES Permit, Sludge Disposal System Permit and/or the pretreatment programs upon written request.  Such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 477, passed 7‑24‑91)

 

§ 53.102  SIGNATORY REQUIREMENTS.

All applications, reports or information submitted to the city shall be signed and certified.

(A)     All permit applications shall be signed:

(1)     For a corporation: by a principal executive officer of at least the level of vice-president;

(2)     For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

(B)     All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person.  A person is a duly authorized representative only if:

(1)     The authorization is made in writing by a person described above;

(2)     The authorization specified either an individual or a position having facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility.

(3)     Certification.  Any person signing a document under this section shall make the following certification:

"I certify under penalty of law that I am familiar with the information contained in this report and its attachments and that to the best of my knowledge and belief such information is true, complete and accurate."
(Ord. 477, passed 7‑24‑91)

                                                              FEES AND CHARGES

§ 53.115  PURPOSE.

This subchapter provides for the recovery of costs from users of the POTW for the implementation of the program established herein.
(Ord. 477, passed 7‑24‑91)

§ 53.116  CHARGES AND FEES.

The city may adopt charges and fees which may include:

(A)     Fees for reimbursement of costs of setting up and operating the city'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 POTW of excessive strength conventional pollutants;

(G)    Other fees as the city may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by thi