Chapter 50 SEWERS

40 C.F.R. 403 - General Pretreatment Regulations as published in the Federal Register on June 26, 1978 and on January 28, 1981 and in subsequent amendments thereto.

ACT. The Federal Water Pollution Control Act, (Pub. L, 92-500) also known as the Clean Water Act of 1977, as amended, 33 U.S.C. §§ 1251 et seq. (Pub. L. 95-217); as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.

APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal and/or local) contained in the ordinance set forth in this chapter deemed to be the most restrictive which non-domestic users will be required to comply with.

APPROVAL AUTHORITY. The Director in a NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a non-NPDES state or NPDES state without an Approved State Pretreatment Program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial 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 industrial 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.

AVERAGE MONTHLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that week.

AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges, measured during a calendar week divided by the number of daily discharges measured during that week.

BENEFICIAL USES. These uses include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.

BIOCHEMICAL OXYGEN DEMAND (or B.O.D.). Of sewage, sewage effluent, polluted waters or industrial wastes, shall mean the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for 5 days at 20° C. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.

BOARD. The Board of Public Works and Safety of the city or any duly authorized officials acting in its behalf.

BUILDING (or HOUSE) DRAIN. The lowest horizontal piping of a building drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to a point approximately 5 feet outside the foundation wall of the building.

BUILDING DRAIN, SANITARY. A building drain which conveys sanitary or industrial sewage only.

BUILDING DRAIN, STORM. A building drain which conveys storm water or other clean water drainage, but no wastewater.

BUILDING (or HOUSE) LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal.

BUILDING SEWER, SANITARY. A building sewer which conveys sanitary or industrial sewage only.

BUILDING SEWER, STORM. A building sewer which conveys stormwater or other clear water drainage, but no sanitary or industrial sewage.

CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.

CHEMICAL OXYGEN DEMAND (or C.O.D.). Of sewage, sewage effluent, polluted waters or industrial wastes, is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.

CITY. The City of Plymouth, Indiana, acting through the Board of Public Works and Safety.

COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.

COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

COMPATIBLE POLLUTANTS. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition. Based upon normal domestic waste, substantial degree generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be compatible include:

(1) Chemical oxygen demand;

(2) Total organic carbon;

(3) Phosphorus and phosphorus compounds;

(4) Nitrogen and nitrogen compounds; and

(5) Fats, oils and greases of animal or vegetable origin;

except as prohibited where these materials would interfere with the operation of the treatment works.

COMPOSITE SAMPLE. A composite sample should contain a minimum of 8 discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.

DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.

DEBT SERVICE COSTS. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.

DEPARTMENT. The City of Plymouth Wastewater Treatment Plant, including the sewer collection system.

DOMESTIC SEWAGE. Wastewater from typical residential users and having pollutant characteristics of not greater than 250 mg/l BOD and 250 mg/l suspended solids.

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

EFFLUENT. Water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.

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 other duly authorized official of said agency.

EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.

FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.

FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.

GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage, or sale of produce.

GOVERNMENTAL USER. Federal, state or local government user of the wastewater treatment works.

GRAB SAMPLE. A sample which is taken from a waste stream on a 1-time basis with no regard to the flow in the waste stream and without consideration of time.

GREASE AND OIL. A group of substances, including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material, that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with Standard Methods.

GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances of biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries, and restaurants.

GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes, and storage depot wastes.

GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.

HOLDING TANK WASTE. Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks, and the like.

INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids, and further defined in Regulation 40 C.F.R. pt. 403.

INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.

INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.

INDUSTRIAL WASTES. Any solid, liquid, or gaseous substance or form of energy discharged, permitted to flow, or escape from an industrial, manufacturing, commercial, or business process, or from the development, recovery, or processing of any natural resource carried on by a person and shall further mean any waste from an industrial user.

INFILTRATION. The water entering a sewer system, including sewer service connections, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls.

INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.

INFLOW. The water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cistern overflows, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wastewaters or drainage. Inflow does not include and is distinguished from infiltration.

INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle, or outlet.

INSPECTOR. The person or persons duly authorized by the city through its Board of Public Works and Safety to inspect and approve the installation of building sewers and their connection to the public sewer system.

INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations which contribute to a violation of any requirement of the city’s NPDES Permit and as defined in 40 C.F.R. pt. 403, January 28, 1981 Federal Register 403.3(I). The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of (SWDA) applicable to the method of disposal or use employed by the POTW.

MAJOR CONTRIBUTOR. A contributor that:

(1) Has a flow of more than 25,000 gallons per average workday;

(2) Has in its waste a toxic pollutant in toxic amounts as defined in Section 307 of the Federal Act;

(3) Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;

(4) Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act, of state statutes and rules; or

(5) Is found by the city, State Control Agency or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, in the quality of sludge, the system’s effluent quality, or air emissions generated by the system.

MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily discharge.

MAY. Indicates a discretionary condition.

NATURAL OUTLET. Any outlet into a watercourse, pond, lake or other body of surface or ground water.

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 Act (33 U.S.C. § 1347) which applies to a specific category (SIC No.) of industrial users and specifies quantities or concentrations of pollutants which may be discharged.

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of Section 307(b) of the Act and 40 C.F.R. pt. 403.5 and includes specific prohibitions or limits as developed by a POTW, either as a requirement of an approved POTW pretreatment program or an NPDES permit.

NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.

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 the proposed regulation, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

NORMAL DOMESTIC SEWAGE.

(1) For the purpose of determining surcharges, the term shall mean wastewater or sewage having an average daily concentration as follows:

(a) BOD not more than 240 mg/l;

(b) SS not more than 240 mg/l;

(2) As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences are distinct from wastes from industrial processes.

NPDES PERMIT. National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Pub. L. 95-217.

NUISANCE. Anything which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property.

OPERATION AND MAINTENANCE COSTS. Include all costs direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements. (These costs include replacement.)

OTHER SERVICE CHARGES. Tap charges, connection charges, area charges and other identifiable charges other than user charges, debt service charges and excessive strength surcharges.

PASS THROUGH. The discharge of pollutants by an industrial user through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) and as defined in 40 C.F.R. pt. 403.3(n).

PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

pH. The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.

POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

PREMISES. A parcel of real estate, including any single improvement thereon, which is determined by the city to be a single user for purposes of receiving, using, and payment for service. Any additional improvement on the same parcel of real estate which is determined by the city to be a user shall be separately connected to the sewer for the purpose of receiving, using, and payment for service.

PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 C.F.R. pt. 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under Section 307 of Pub. L. 95-217, under regulation 40 C.F.R. pt. 403 pursuant to the Act and amendments.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PRIVATE SEWER. A sewer which is not owned by public authority.

PROPER OPERATION AND MAINTENANCE. Procedures executed in a prudent, cost-effective, and workmanlike manner which achieve the highest and/or required effluent quality of industrial discharge attainable in conformance with the best available technology and practices. Proper operation and maintenance requirements include avoidance of operational error, adherence to manual instructions, preventive maintenance, avoidance of careless or improper operation, neat accurate sampling, the handling of chemicals, lubricants, solvents, and the like in a safe and organized manner, avoidance of accidental spillage, keeping operating logs, and any other activities which produce the desired effluent quality.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.

PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:

(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.

(2) FORCE MAIN. A pipe in which wastewater is carried under pressure.

(3) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

(4) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.

PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by Section 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW. Also known as SEWAGE WORKS.

RECEIVING STREAM. The watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.

REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewage works equipment to maintain the capacity and performance for which such works were designed and constructed.

RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for 1 or more persons, including all dwelling units, and the like.

SANITARY SEWER. A sewer which carries wastewater and to which storm, surface, and ground waters and unpolluted industrial wastewater are not intentionally admitted.

SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The 3 most common types of sewage are:

(1) COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.

(2) INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).

(3) SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.

SEWAGE WORKS. Sewers, wastewater treatment plant, sewerage system, and any associated structures or equipment. Also known as POTW.

SEWER. A pipe or conduit laid for carrying wastewater or other liquids.

SEWER USE ORDINANCE. A separate and companion enactment to this chapter, which regulates the connection to and use of public and private sewers.

SEWERAGE SYSTEM. The network of publicly owned sewers and appurtenances used for collecting, transporting and pumping wastewater to the wastewater treatment plant.

SHALL. Indicates a mandatory condition.

SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Section 402 and 405 of the Federal Act and in the applicable requirements under §§ 3001, 3004 and 4004 of the Solid Waste Disposal Act, Pub. L. 94-580, being 42 USC §§ 6901 et seq.

SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 5 minutes more than 5 times the average 24-hour concentration of flow during normal operation and which adversely affects the sewage works.

STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended and supplemented.

STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.

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

SUPERVISOR, SEWER MAINTENANCE. Administrative head of sewer maintenance.

SURCHARGE. A charge for services in addition to the basic service charge.

SUSPENDED SOLIDS. Solids which either float on the surface of or are in suspension in water, sewage, or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative termination shall be made in accordance with procedures set forth in Standard Methods.

TOTAL SOLIDS. The sum of suspended and dissolved solids.

TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (Pub. L. 94-217), being 33 USC §§ 1251 et seq.

TOXIC POLLUTANT. Those substances referred to in Section 307 (a) of the Act as well as any other known potential substances capable of producing toxic effects.

TOXICANT. A substance that is known or suspected to have carcinogens, mutagens, teratagents and substances present in industrial discharges with known toxic effects on human and aquatic life which is among the list of elements and compounds known as priority pollutants developed under the Clean Water Act, Pub. L. 94-217, being 33 USC §§ 1251 et seq.

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

UPSET. An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

USER. Any person that discharges, causes, or permits the discharge of wastewater into the sewerage system.

USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Pub. L. 92-500, being 33 USC § 1284.

USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (such as, residential, commercial, industrial, institutional and governmental).

(1) COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

(2) GOVERNMENTAL USER. Any federal, state or local governmental user of the wastewater treatment works.

(3) INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.

(4) INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious and/or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

(5) RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for 1 or more persons, including all dwelling units, and the like.

UTILITY SUPERINTENDENT. The administrative head of the Wastewater Treatment Plant and collection system.

VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550° C for 15 to 20 minutes.

WASTE. Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing, or industrial operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.

WASTEWATER. The water-carried waste from residences, business buildings, situations, and industrial establishments, singular or in any combination, together with such ground, surface, and storm waters as may be present.

WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological, and radiological parameters, including volume, flow rate, and such other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.

WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used for treating wastewater.

WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.

WATERS OF THE STATE. Any water, surface or underground, within the boundaries of the State of Indiana, except confined waters in sewers, tanks, and the like.

(1994 Code, § 50.001) (Ord. 1350, passed 10-8-1984; Ord. 1404, passed 2-3-1987; Ord. 92-1548, passed 3-23-1992; Am. Ord. 2002-1805, passed 5-13-2002; Am. Ord. 2014-2082, passed 10-13-2014)

50.002 PURPOSE AND OBJECTIVES.

(A) This chapter sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) 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 C.F.R. pt. 403).

(B) The objectives of this chapter are:

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

(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or otherwise be incompatible with the system; and

(3) To improve the opportunity to recycle and reclaim wastewaters and sludge from the system.

(C) This chapter provides for the regulation of direct and indirect discharges to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer’s capacity will not be pre-empted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This chapter does not provide for the recovery of operation, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subject of a separate ordinance.

(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 POTW. Except as otherwise provided herein, the Board shall administer, implement, and enforce the provisions of this chapter.

(1994 Code, § 50.002) (Ord. 1350, passed 10-8-1984)

50.003 DEPOSITING GARBAGE, WASTEWATER, AND THE LIKE UNLAWFUL.

(A) It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste.

(B) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the city any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit.

(1994 Code, § 50.003) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

50.004 PRIVATE SEWAGE DISPOSAL.

(A) Except as hereinafter provided, 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 sewage.

(B) The owner 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 a public sanitary or combined sewer toilet facilities therein and to connect such facilities directly with the proper public 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 300 feet of the property line.

(1994 Code, § 50.004) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

50.005 TAMPERING WITH SEWAGE WORKS UNLAWFUL.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this section shall be subject to immediate arrest under charge of disorderly conduct.

(1994 Code, § 50.005) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

50.006 COMPLIANCE WITH STATE AND FEDERAL LAW.

All provisions of this chapter and limits set herein shall comply with any applicable state and/or federal requirements now or projected to be in effect.

(1994 Code, § 50.006) (Ord. 1404, passed 2-3-1987)

50.007 DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE.

(A) No person shall discharge or cause to be discharged to any sanitary sewer or combined sewer, either directly or indirectly, storm water, surface water, ground water roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial water.

(B) Storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the city.

(C) Unpolluted water from air conditioners, cooling, condensing systems or swimming pools shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the city. Where a storm sewer is not available, discharge may be to a natural outlet approved by the city and by the State of Indiana. Where a storm sewer, combined sewer or natural sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the city.

(D) Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with division (C) above.

(1994 Code, § 50.007) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

50.008 DISCHARGE TO NATURAL OUTLETS.

No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit.

(1994 Code, § 50.008) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

BUILDING SEWERS AND CONNECTIONS

50.020 PERMIT REQUIRED FOR SEWER CONNECTIONS.

(A) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk-Treasurer.

(B) There shall be 2 classes of building sewer permits: for residential and commercial service, and for service to establishments producing material wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector.

(1994 Code, § 50.020) (Ord. 1404, passed 2-3-1987; Am. Ord. 2014-2082, passed 10-13-2014) Penalty, see § 50.999

50.021 OWNER’S LIABILITY; DUTY TO INDEMNIFY CITY.

(A) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 1404, passed 2-3-1987)

(B) The owner of real estate for which a building sewer has been installed is financially and otherwise responsible for the proper operation and maintenance of the building sewer from the building itself to and including the tap into the city mainline sewer. The city is not responsible for the operation or maintenance of any such privately owned building sewer, including the tap.

(1994 Code, § 50.021) (Ord. 93-1581, passed 6-14-1993)

50.022 REQUIREMENT OF SEPARATE SEWERS; EXCEPTIONS.

A separate and independent building sewer shall be provided for every building; except where 1 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, court yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as 1 building sewer.

(1994 Code, § 50.022) (Ord. 1404, passed 2-3-1987)

50.023 WHEN OLD BUILDING SEWERS MAY BE USED.

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

(1994 Code, § 50.023) (Ord. 1404, passed 2-3-1987)

50.024 BUILDING SEWER CONSTRUCTION STANDARDS.

(A) The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointly testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(B) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(C) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface run-off ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(D) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the A.S.T.M. and the & W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

(1994 Code, § 50.024) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

50.025 EXCAVATIONS.

All excavations for building sewer installation must be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(1994 Code, § 50.025) (Ord. 1404, passed 2-3-1987) Penalty, see § 50.999

50.026 INSPECTION REQUIREMENTS.

The applicant for the building sewer permit shall notify the Sewer Department when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector or his representative.

(1994 Code, § 50.026) (Ord. 1404, passed 2-3-1987; Am. Ord. 2014-2082, passed 10-13-2014)

50.027 CUSTOMERS OUTSIDE OF THE CITY LIMITS.

(A) Formal request for annexation to the city is required. Once the request for annexations has been submitted the city shall evaluate and determine if the request is feasible and within state guidelines for annexation.

(1) If approved, the annexation procedures would be followed to accommodate the request, following State of Indiana requirements.

(2) If denied, the utility petitioner may request hardship by means of environmental or economic impact (loss of home or business due to condemnation, not that the improvements are more economical for expansion).

(B) Each request shall be evaluated individually based on proximity of the property to the existing city corporate boundaries and the reasonable potential for annexation and the expenses associated with each request, documented existing environmental conditions, and the availability of property within the corporate city boundaries for relocation. The standards or the opinion of the State or County Boards of Health do not determine the acceptance of the utility petitioner’s request to the city infrastructure. The recommendation by the State or County Health Departments will be considered in the overall evaluation of each request.

(1) Documentation by a qualified engineer, which evaluates all conventional options for wastewater treatment on site and includes but is not limited to conventional septic systems:

(a) Mound systems,

(b) Wetland systems,

(d) Purchase of available adjacent property.

(2) This evaluation must include soil borings with recommendations from a certified soil scientist. Costs associated with all options must be included for evaluation by the city. All costs shall be the responsibility of the utility petitioner.

(D) The city reserves the right to deviate from the provisions of this policy when reasonably necessary to assure the proper operation of the city’s wastewater facilities. Nothing in this policy shall be construed to create a right to utility services by an owner except as provided under Indiana law.

(E) If approval is granted, the utility petitioner would be subject to an individual contract (compact) with the following terms:

(1) Utility petitioner shall be subject to all current and future city sewer use and rate ordinances, and pre-treatment ordinances;

(2) All proposed designs and plans shall be provided by a qualified State of Indiana Engineer, using current city standards and specifications;

(3) Final approval is by the appropriate governing board;

(4) Utility petitioner shall agree not to remonstrate against annexation. It shall be the responsibility of the utility petitioner to request annexation in written form within 60 days, upon extension of the corporate boundaries and these boundaries being contiguous to the utility petitioner’s property. The utility petitioner shall also be required to request annexation when the property in question can become annexed to the city.

(5) The utility petitioner served by the utility shall not remonstrate against the city’s land application sites.

(6) All utility extensions shall be approved by the city with all expenses associated with the extension being the responsibility of the petitioner.

(7) The outside user fee rate shall apply to all customers outside the corporate boundaries in addition to the normal city customer rates.

(8) Metering of the fresh water supply system shall be required for a minimum of three months prior to connection to the city’s infrastructure to determine an accurate connection fee.

(9) A one-time connection fee will be assessed per the city’s fee schedule. One monthly usage bill will be generated for each customer.

(10) When applicable, monitoring fees shall apply in the event a customer would exceed normal discharge limits for BOD, TSS, and ammonia. If the utility customer exceeds set limits, the utility customer would be assessed an additional surcharge for the treatment of high strength wastewater in accordance with current city rate ordinances.

(11) All professional fees for the city associated with each request shall be the responsibility of the petitioner.

(12) All right-of-way and easement acquisitions shall be the responsibility of the petitioner. All rights-of-way and easements associated with infrastructure dedication to the city shall be formally dedicated to the city at a public meeting of the appropriate board.

(13) Utility petitioner’s agreement with the city does not automatically follow with the transfer of ownership of the property. Upon transfer of the property’s ownership it shall be required that the new owner reapply for the service and confirm the future use of the facility and the characteristics of the discharge for evaluation by the city to confirm existing facilities exist to provide adequate treatment and transport capabilities for the proposed discharge.

(14) The utility customer shall be subject to specific fines spelled out in the agreement for exceeding agreed limits for flow capacity, organic loadings and any other non-authorized pollutants other than domestic sewage delivered to the city by the utility customer. This shall include any fines assessed to the city as a direct result of the utility customer initiating the violation.

(15) The city and the utility petitioner must agree to a design flow capacity to be accepted by the city plus an agreed growth percentage for the utility petitioner. The intent is not to promote additional growth or development outside the city, but to assist the utility petitioner with existing wastewater disposal problems.

(16) Utility petitioner shall pay all professional fees associated with the city’s reviews and agreements, which include, but are not limited to engineering, consultant, and legal fees to evaluate the city’s ability to “handle” the potential customer’s wastewater flow. This would include evaluating sewer and pumping station capacities for transporting the increased flow to the treatment plant, evaluating the treatment plant’s ability to handle the increased flow hydraulically and organically, and review of rate structures. This will be done on a case-by-case basis and the utility petitioner shall be informed of an estimated cost.

(17) The utility petitioner shall provide a master flow meter at a point identified by the Utility Superintendent for the purpose of billing, if applicable. Said flow meter shall meet the approval of the city. It shall be the responsibility of the utility customer to maintain the master meter. The utility customer shall be required to provide documentation of the calibration to the city annually. The utility customer shall also be required to meter the fresh water supply to the facility with a remote read display meter located outside the facility in a location accessible to the city. All meters and associated apparatuses including labor shall be at the expense of the utility petitioner.

(18) In the event the utility customer’s flow meter is out of service, the utility customer shall be charged the maximum gallons per day the agreement or contract allows.

(19) Sharing of gravity lines or force mains by two or more customers is prohibited, unless multiple users are incorporated within a Conservancy District, Sanitary District, or similar legal entity. Customers within these entities are considered as one individual utility customer to the city.

(20) The city reserves the right to inspect the utility customer’s facilities with adequate notice as provided for in the agreement at any time during an active agreement.

(21) The city reserves the right to designate the location of the connection point where the private sewer improvements connect to the city’s infrastructure. Said taps shall be inspected by the City of Plymouth Wastewater Treatment Facility personnel.

(22) The utility customer shall provide a sampling unit (when applicable) for the purpose of monthly sampling to indicate to the city compliance with the agreement.

(23) The utility petitioner shall be required to provide copies to the city of all necessary permits for establishing its sanitary facilities.

(24) The customer shall provide odor control facilities as deemed necessary by the Utility Superintendent. The city shall have the right to sample odor levels at the city’s receiving manhole. Hydrogen sulfide levels shall not exceed 5 parts per million and total sulfides in solution shall be less than 1 mg/L at the receiving manhole, or as may otherwise be required by Indiana Statute. The customer shall take all reasonable steps in a timely manner to correct any violations of exceeding the above odor limits. In the event they fail to comply, the customer would be subject to any or all enforcement actions including penalties and the disconnection of service.

(25) The utility customer shall annually provide the City of Plymouth Utility Department Superintendent with name, title, phone, address and e-mail of contact person. The utility customer shall immediately provide the City of Plymouth Utility Department Superintendent with any changes in contact person.

(26) The utility petitioner must prove financial responsibility.

(27) The utility petitioner shall execute an agreement between themselves and the city, outlining all issues and understandings between the two entities. Each agreement shall be reviewed annually and approved by the appropriate governing board for utility services to continue.

(28) The utility petitioner shall provide a Performance Bond for restoration of right-of-way and associated infrastructure to be dedicated to the city. Said performance bond is required to be the sum of 100% of proposed improvements.

(29) Upon acceptance of the dedicated infrastructure, the utility petitioner shall provide a three-year Maintenance Bond to the city.

(Ord. 2005-1882, passed 6-13-2005; Am. Ord. 2014-2082, passed 10-13-2014)

50.028 SYSTEM DEVELOPMENT CHARGE.

(A) New users that connect to the sewer collection system for purposes of sending sewage to the Wastewater Treatment Plant shall pay a System Development Charge in the amount equal to:

(1) The cost to complete the physical connection to the sewer system; and

(2) The charge as provided for in the following table.

Ratio	5/8"- 3/4" 1.0	1" 2.5	1-1/4" 4	1-1/2" 5.8	2" 10.0	3" 23.0	4" 40.0	6" 91
Year	Proposed System Development Charge($)
2007	1,535	3,838	6,140	8,903	15,350	35,305	61,400	139,685
2008	1,625	4,063	6,500	9,425	16,250	37,375	65,000	147,875
2009	1,715	4,288	6,860	9,947	17,150	39,445	68,600	156,065
2010	1,715	4,288	6,860	9,947	17,150	39,445	68,600	156,065
2011 and thereafter	1,715	4,288	6,860	9,947	17,150	39,445	68,600	156,065

(B) The connection size referred to in the table above shall be determined by the water meter size.

(C) (1) Existing customers requiring additional capacity in the Sewage Works by increasing the size of the of the water meter serving the property to a size larger than 3/4" shall pay an adjusted System development Charge calculated as the charge established by the table above reduced by the initial System Development Charge assessed under this section or the Connection Fee collected under Ord. 91-1523, whichever applies.

(2) Additionally, existing customers requesting a reduction of capacity in the Sewage Works decreasing the size of a water meter shall not be entitled to a refund by the city.

(Ord. 2007-1936, passed 9-10-2007)

INDUSTRIAL USE REGULATIONS

50.040 GENERAL DISCHARGE PROHIBITIONS.

(A) No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which 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, state, or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

(1) 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 2 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 10% of the Lower Explosive Limit (LEL) of the meter. 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 and any other substance which the city, the state or EPA has notified the user is a fire hazard or a hazard to the system.

(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubrication oil, mud, or glass grinding or polishing wastes, butchers offal or any other solid or viscous substance capable of causing interference with the proper operation of the sewerage system or the wastewater treatment plant.

(3) Any pollutant, including oxygen demanding pollutants (BOD and the like) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

(4) Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

(5) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to:

(a) Injure or interfere with any wastewater treatment process;

(b) Constitute a hazard to humans or animals;

(c) Create a toxic effect on the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(6) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(7) Any substance which will cause the POTW to violate its limits and restrictions set forth in the city’s NPDES permit.

(8) Any substance with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.

(9) 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 40°C (104°F) or any liquid or vapor discharged into the sewer system having a temperature higher than 65°C (150°F).

(10) Any unpolluted water, including, but not limited to non-contact cooling water.

(11) Any waters or wastes containing acid, metallic pickling wastes, or concentrated plating solutions.

(12) Any toxic radioactive isotopes of such half life or concentration as exceeds limits established by Federal Regulations. The radioactive isotopes I 131 and P 32 used in hospitals are not prohibited, if they are properly diluted before being discharged into the sewerage system.

(13) Any waters or wastes containing any toxic substances in quantities that are sufficient to interfere with the biochemical processes of the wastewater treatment plant, that will pass through the plant into the receiving stream in amounts exceeding the standards set by federal, interstate, state or other competent authority having jurisdiction or contaminate sewage sludge, that contain iron or any other toxic ions, compounds, or substances in concentrations or amounts exceeding the limits established from time to time by the city that exert an excessive chlorine requirement on the POTW.

(14) Any unusual volume of flow or concentration of wastes constituting slugs that for a duration of 5 minutes or more have a concentration or flow of more than 5 times the average concentration of the BOD, the suspended solids or flow of the customer’s sewage discharged during a 24-hour period of normal operation and are released in a single extraordinary discharge event which causes interference to the POTW.

(15) Any waters or wastes containing suspended solids or dissolved solids of such character and quantity that unusual provisions, attention, and expense would be required to handle such materials at the wastewater treatment plant, its pumping stations, or other facilities.

(16) 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 or guidelines of or pursuant to the Solid Waste Disposal Act, Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(17) Any wastewater which causes a hazard to human life or creates a public nuisance.

(B) When the Board determines that a user is contributing to the POTW any of the above numerated substances in such amounts as to interfere with the operation of the POTW, the Board shall:

(1) Advise the user of the impact of the contribution on the POTW; and

(2) Require pretreatment and/or procedures to correct the interference with the POTW and eliminate the prohibited discharge.

(1994 Code, § 50.040) (Ord. 1350, passed 10-8-1984) Penalty, see § 50.999

50.041 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.

(A) 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 subchapter for sources in that subcategory, shall immediately supercede the limitations imposed under this subchapter. The Board shall notify all affected users of the applicable reporting requirements under 40 C.F.R. pt. 403.12.

(B) Where the POTW achieves consistent removal of pollutants limited by federal pretreatment standards, the Board may apply to the Approval Authority for modification of specific limits in the federal pretreatment standards. CONSISTENT REMOVAL shall mean the average of the lowest 50% of the removals measured according to paragraph (d) (2) of Section 403.7, 40 C.F.R. pt. 403 and shall mean a reduction in the amount of a pollutant in the POTW’s effluent or alteration of the nature of a pollutant during treatment at the POTW when measured according to procedures set forth in Section 403.7 (of Title 40 of the Code of Federal Regulations, Part 403) - General Pretreatment Regulations for Existing and New Sources of Pollution promulgated pursuant to the Act. The Board may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 C.F.R. pt. 403.7, are fulfilled and prior approval from the Approval Authority is obtained.

(1994 Code, § 50.041) (Ord. 1350, passed 10-8-1984)

50.042 SPECIFIC POLLUTANT LIMITATIONS.

No person shall discharge wastewater containing in excess of the following concentrations at the point(s) where such wastewater enters the sewerage system based upon a 24-hour by-flow composite sample and upon the average monthly discharge. Multiple industrial wastewater discharges from a permitted facility may be combined in a flow weighted manner to determine compliance with the following limitations for a 24-hour composite sample and average monthly discharge.

Substance	Maximum Concentration After July 1, 1985 Monthly Average
Cadmium, total	0.3
Chromium, total, hexavalent plus total trivalent	3.0
Chromium, hexavalent	1.0
Copper, total	2.2
Cyanide, total by distillation	1.0
Lead, total	1.5
Mercury, total	0.16
Nickel, total	5.6
Silver, total	0.44
Zinc, total	2.7
Total Toxic Organics (TTO) volatile, acid extractable, pesticides/PCB’s	0.58
pH	6.0 - 12.2
Phenols, total	1.0
Oil and Grease (animal or vegetable origin)	200
Oil and Grease (mineral or petroleum origin)	100

(1994 Code, § 50.042) (Ord. 1350, passed 10-8-1984; Am. Ord. 93-1580, passed 6-14-1993; Am. Ord. 97-1691, passed 4-28-1997)

50.043 BOARD RIGHT OF REVISION.

The Board reserves the right to establish by ordinance more stringent limitations or requirements on dischargers to the wastewater disposal system if they are deemed necessary to comply with the objectives presented in § 50.002 of this chapter.

(1994 Code, § 50.043) (Ord. 1350, passed 10-8-1984)

50.044 EXCESSIVE DISCHARGE DILUTION.

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 city or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in Section 301, such as the pH prohibition). The Board may impose mass limitations on users who are using dilution to meet the pretreatment standards or requirements of this subchapter.

(1994 Code, § 50.044) (Ord. 1350, passed 10-8-1984) Penalty, see § 50.999

50.045 ACCIDENTAL DISCHARGES.

(A) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter. Where necessary, 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 Board for review and shall be approved by the Board before construction of the facility. All existing users shall complete such a plan by January 1, 1985. No user who commences contribution to the POTW after the effective date of Ordinance 1350 shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Board. 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 subchapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Board of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(B) Within 7 days following an accidental discharge, the user shall submit to the Board 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.

(1994 Code, § 50.045) (Ord. 1350, passed 10-8-1984)

50.046 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.

(1994 Code, § 50.046) (Ord. 1350, passed 10-8-1984)

50.047 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.

(1994 Code, § 50.047) (Ord. 1350, passed 10-8-1984)

50.048 RESPONSIBILITY FOR OBSTRUCTING OR DAMAGING SEWERS.

If a public sewer becomes obstructed or damaged because any of the aforementioned substances were improperly discharged, the person or persons responsible for such discharge shall be billed and shall pay for the expenses incurred by the POTW in cleaning out, repairing, or rebuilding the sewer.

(1994 Code, § 50.048) (Ord. 1350, passed 10-8-1984)

50.049 SPECIAL AGREEMENTS.

No statement contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the POTW and any person whereby an industrial waste of unusual strength or character may be accepted by the POTW for treatment whether with or without pretreatment, provided that such agreement does not violate National Categorical Pretreatment Standards for the specific category of industrial user, provided that there is not impairment of the functioning of the sewage works by reason of the admission of such wastes, and provided that no extra costs are incurred by the POTW without recompense by that person.

(1994 Code, § 50.049) (Ord. 1350, passed 10-8-1984)

50.050 EXCLUSIONS, SURCHARGES, NEW CONNECTIONS.

(A) All or certain industrial wastes shall be excluded when conditions are such that NPDES permit restrictions cannot be met.

(B) Surcharges shall be imposed by the POTW for any compatible pollutant discharged in excess of the limits set forth herein.

(C) No new connection shall be made unless there is flow capacity available in all downstream sewers, lift stations, force mains, and the wastewater treatment plant, including capacity for BOD and SS.

(1994 Code, § 50.050) (Ord. 1350, passed 10-8-1984)

50.051 ADMISSIBLE INDUSTRIAL WASTES.

(A) Prior approval for certain wastes. The admission into the public sewers for any water or wastes having any quantity or substances having the characteristics described in § 50.040 of this chapter or having an average daily flow greater than 25,000 gallons shall be subject to the review and approval of the Board. Where necessary in the opinion of the Board, the owner shall provide pretreatment facilities necessary to reduce the objectionable characteristics or constituents to within maximum limits provided in § 50.040 of this chapter and provide control or flow equalization of such wastes described in § 50.042 of this chapter so as to avoid any slug loads or excessive loads that may be harmful to the POTW.

(B) Pretreatment facilities. When, after making such a review, the Board concludes that, before the person discharges his wastes into the public sewers, he must modify or eliminate those constituents which would be harmful to the structures, processes, or operations of the sewage works or injurious to health, then the person shall either modify his wastes at the point of origin or shall provide and operate at his own expense such preliminary treatment or processing facilities as may be determined to be necessary to render his wastes acceptable for admission to the public sewers. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against slugs that might interfere with or otherwise be incompatible with the sewage works. Where there is reason to believe that the use of equalization tanks or other facilities which have potential for dilution is resulting in dilution, the Board may impose mass limitations on the user employing such tanks or other facilities.

(C) Prior approval of pretreatment facilities. Plans, specifications, and other pertinent information relating to proposed preliminary treatment and processing facilities shall be submitted to the POTW through the Board for examination and approval, and no construction of such facilities shall begin until the Board has given its written approval. Such approval shall not exempt the person from the obligation to make further reasonable adaptations of such facilities when such adaptations prove necessary to secure the results desired. Plans, specifications, and other pertinent information shall also be submitted to the Stream Pollution Control Board for approval in accordance with Stream Pollution Control Board Resolution, 330 I.A.C. 3.1 et seq. (formerly No. SPC 15).

(D) Operation of pretreatment facilities. When such preliminary treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operating condition by the person at his own expense and shall be subject to periodic inspection by the Superintendent. The person shall maintain suitable operating records and shall submit to the Board such monthly summary reports of the character of the influent and effluent as the latter may prescribe. The user shall notify the Board immediately of any slug loading as defined herein and in accordance with §§ 50.045 and 50.047 of this chapter.

(E) Grease, oil, and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Board, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Board and shall be located as to be readily and easily accessible for inspection and kept clean at all times. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight, and equipped with easily removable covers which when bolted in place shall be gas-tight and water-tight and capable of the maximum flow rate of the pipe installed therein.

(1994 Code, § 50.051) (Ord. 1350, passed 10-8-1984) Penalty, see § 50.999

50.052 MAJOR CONTRIBUTOR AND GENERAL DISCHARGE PERMITS.

(A) Major contributor permits.

(1) Any industrial user proposing to connect to or discharge industrial waste and any other user on demand of the Board shall within 90 days of notice provide the POTW with sufficient information to determine if that user be a major contributor and shall be required to obtain a permit which describes the wastewater constituents and characteristics allowed and which sets forth the applicable surveillance schedule and the monitoring requirements the user shall be subject to in order to discharge into the POTW’s sewerage system. A major contributor permit shall be valid for 4 years unless process changes are made that, in the opinion of the Board, alter the wastewater constituents and characteristics. If this condition occurs, a revised application shall be filed. A permit shall be renewed by new application at the end of 4 years. The application for renewal will be subject to normal application fees in force at that time. Nothing in a major contributor permit shall constitute an exception to the prohibitions and limitations on wastewater admissibility as set forth herein. Major contributors are subject to all applicable fees, rates, and charges set forth in this chapter. 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;

(c) Wastewater constituents and characteristics, including, but not limited to those mentioned in § 50.040 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 C.F.R. pt. 136, as amended;

(d) Time and duration of contribution;

(e) Average daily and 3-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any, in gallons per day. All flows shall be measured by verifiable techniques unless cost and feasibility prevent such measurement. In such cases, other techniques may be used if approved by the Board.

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, outfalls, storm sewers, sewer connections, inspection manholes, sampling chambers, 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 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 operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards;

(i) If additional pretreatment and/or O & M will be required to meet the more stringent of city, state or federal pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment shall be provided. 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, and the like).

2. No increment referred to in division 1 above shall exceed 9 months for any single step directed toward compliance.

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 Board, 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 9 months elapse between such progress reports to the Board.

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

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

(l) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(m) Description of accidental spill prevention control plan.

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

(o) Permit application shall be signed by a principal executive officer of the user.

(p) All sewers must have an inspection and sampling manhole or structure with an opening of no less than 24 inches diameter and an internal diameter of no less than 48 inches containing flow measuring, recording and sampling equipment as required by the city to assure compliance.

(2) The POTW will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the POTW may issue within 30 days of the date of acceptance a major contributor permit subject to terms and conditions provided herein. Within the 30-day period, the industrial user may review a draft permit and provide comments to the POTW. The POTW may require compliance by industries in the non-major classification which have a potential for discharging toxicants and prohibited substances by issuance of a general discharge permit.

(B) General discharge permit. A general discharge permit may be issued to users which are classified as non-major, informing them of general prohibitive standards, limitations, accidental spill notification requirements, residue disposal requirements, and potential for being sampled by the city and subject to the same requirements of major contributor permits described previously above.

(1994 Code, § 50.052) (Ord. 1350, passed 10-8-1984)

50.053 PERMIT MODIFICATIONS; PERMIT CONDITIONS.

(A) Permit modifications. The POTW reserves the right to amend any wastewater discharge permits issued hereunder in order to assure compliance by the POTW with applicable laws and regulations. Within 9 months of the promulgation of a national categorical pretreatment standard, the major contributor permits of users subject to such standards shall be revised to require compliance with such 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 a major contributor permit as required by § 50.052, the user shall apply for a major contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing major contributor permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 50.052(A)(1)(h) and (i). All National Categorical Pretreatment Standards adapted after the promulgation of this subchapter shall be adopted by the city as part of this subchapter. The user shall be informed of any proposed changes in this permit at least 30 days prior to the effective date of change. Any changes or new condition in the permit shall include a reasonable time schedule for compliance.

(B) Permit conditions.

(1) Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

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

(b) Limits on the average and maximum wastewater constituents and characteristics;

(d) Requirements for installation and maintenance of inspection and sampling facilities;

(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(f) Compliance schedules;

(g) Requirements for submission of technical reports or discharge reports;

(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording POTW access thereto;

(i) Requirements for notification of the POTW 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.

(j) Requirements for notification of slug discharges as per § 50.040(14), and §§ 50.045 and 50.046;

(k) Other conditions as deemed appropriate by the city to ensure compliance with this chapter;

(l) Requirements for the industrial user to prepare and submit an accidental spill prevention plan as well as for reporting of spills of prohibited materials.

(2) The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements as identified in § 50.040 are modified or other just cause exists. 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.

(1994 Code, § 50.053) (Ord. 1350, passed 10-8-1984)

50.054 PERMIT TRANSFER.

Wastewater discharge 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 POTW. Any succeeding owner or user shall comply with the terms and conditions of a new permit.

(1994 Code, § 50.054) (Ord. 1350, passed 10-8-1984)

50.055 COMPLIANCE REPORTING REQUIREMENTS.

(A) Compliance schedule reports for non-categorical industries. Any non-categorical industry which is not in compliance with the city’s ordinance limitations must develop a compliance schedule during which the industry must meet the city’s standards. The schedule should contain increments of progress (hiring engineers, starting construction, and the like), which correspond to specific dates for their completion. These represent major events leading to the operation of pretreatment equipment to meet the city’s pretreatment standards. All IUs subject to these conditions must submit a progress report to the city no later than 14 days following each date in the compliance schedule. This report must include whether it complied with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to compliance. In no event can more than 9 months elapse between progress reports.

(B) Monthly reports. This requirement calls for the submission of all notices and self-monitoring reports from industrial users that are necessary to assess and assure compliance by IUs with applicable pretreatment standards and requirements. These reports will normally be required on a monthly basis.

(C) Baseline report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made on a category, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the city will be required to submit to the appropriate authority (either U.S. EPA, state, or city) a report containing the information listed in paragraph (b)(1)-(7) of § 403.12(b) of the Act. Upon promulgation of a categorical pretreatment standard, the appropriate authority (either U.S. EPA, state, or POTW) will provide the appropriate 12(b) form for distribution to the IUs who are affected by the promulgated standard. The IUs are then required to submit the completed report to the appropriate authority.

(D) Compliance schedule reports (categorical industries).

(1) These reporting conditions apply to the compliance schedule required in Section 403.12(b) (7) of the Act. This schedule is necessary whenever an IU is not meeting categorical pretreatment standards at the time of promulgation of that standard. The schedule contains increments of progress (such as, hiring an engineer, completing plans, commencing construction, completing construction, and the like), which correspond to specific dates for their completion. These represent major events leading to the construction and operation of additional pretreatment required for the IU to meet the applicable categorical pretreatment standard.

(2) All industrial users subject to these conditions must submit a progress report to the Board no later than 14 days following each date in the compliance schedule, including the final date for compliance. This report must include, at a minimum, whether or not it complied with the increment of progress to be met on that date and, if not, the date on which it expects to comply, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event can more than 9 months elapse between such progress reports.

(E) Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards whether local, state or federal standard, 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 Board a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements 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 and certified by a qualified professional.

(F) Periodic compliance reports.

(1) 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 Board, during the months of June and December, unless required more frequently in the pretreatment standard or by the Board, a report indicating the nature and concentration of pollutants in the effluents which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 50.053(B). Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility constraints justify, the Board may accept reports of average and maximum flows estimated by verifiable techniques. At the discretion of the Board and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Board may agree to alter the months during which the above reports are to be submitted.

(2) Reports of permittees 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 Board, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. The Board 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 are appropriate. In such cases, the report required by division (F)(1) above shall indicate the pollutants regulated by pretreatment standards in the effluent of the user. 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 C.F.R. pt. 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.

(1994 Code, § 50.055)

(Comment: Where 40 C.F.R. pt. 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 hereto, or with any other sampling and analytical procedures approved by the Administrator.)

50.056 APPLICATIONS AND FEES.

(A) Major contributors shall make application for the proposed discharge on a form provided by the city. The permit application shall be supplemented by any plans, specifications, studies or other information considered pertinent by the Board to evaluate compatibility with the sewerage system. It is the purpose of charges and fees to provide for the recovery of costs from users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth in the POTW’s schedule of charges and fees.

(1) The POTW may adopt charges and fees which may include:

(a) Fees for reimbursement of costs of setting up and operating the POTW’s Pretreatment Program;

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

(d) Fees for permit applications;

(e) Fees for filing appeals;

(f) Fees for consistent removal (by the POTW) of pollutants otherwise subject to Federal Pretreatment Standards;

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

(2) These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the POTW.

(B) Permit fees for major contributors shall be as follows:

(1) The fee for an initial major contributor permit for industries connected to sewerage works prior to the effective date of Ordinance 1350 is $200.

(2) The fee for industries connected to sewerage works after the effective date of Ordinance 1350 and all renewal permits is $500.

(1994 Code, § 50.056) (Ord. 1350, passed 10-8-1984)

50.057 SURVEILLANCE AND MONITORING OF MAJOR CONTRIBUTORS.

(A) Surveillance of major contributors.

(1) To establish a feasible surveillance schedule, the following classes of major contributors are formed:

Class	Qualifications	Minimum Surveillance Schedule
A	Flow of 100,000 gallons per day (0.1MGD) and greater per average workday	Monthly or as required by Board
B	Flow from 0.025 MGD to 0.1 MGD per average workday or discharge with constituents or characteristics that result in a major contributor classification	Quarterly or as required by Board

(2) The surveillance period will normally be for a period of 5 consecutive days, but can be of longer or shorter duration at the discretion of the Board. In cases where the surveillance period extends for a greater number of consecutive days than 5, the POTW shall have the prerogative of selecting the 7 consecutive days of its choice for establishing rates and charges.

(3) The POTW will sample and conduct surveillance and inspection activities of major contribution and non-major industries when deemed necessary by the Board to identify, independent of information supplied by industrial users, compliance or non-compliance with applicable pretreatment standards.

(B) Surveillance survey charge. The charge for each surveillance survey shall be $100 per day. Surveillance survey charges are to be adjusted annually if deemed necessary by the Board.

(C) Monitoring of major contributors. When required by the Board, a major contributor shall install at its own expense a suitable control manhole (vault), together with such necessary appurtenances in or on each building lateral sewer to facilitate observation, sampling and measurement of the wastewater, and such sampling devices as may be reasonably necessary, unless otherwise instructed by the Board. A user may be required by the Board to install such manholes (vault) to verify his status either as a major contributor or otherwise. Such manholes (vaults) and sampling and testing devices shall be provided and maintained to the Board’s satisfaction at the expense of the user, but shall be under the control of the POTW. The POTW shall provide monitoring equipment during a surveillance period. Monitoring equipment shall, unless otherwise specified by the POTW, include a device for automatically measuring and recording flow and a device for automatically taking a composite by-flow sample of wastewater during the 24-hour period.

(1994 Code, § 50.057) (Ord. 1350, passed 10-8-1984)

50.058 LABORATORY PROCEDURES; USE OF REPRESENTATIVE ANALYSIS.

(A) Laboratory procedures used in the examination of industrial wastes shall be those set forth in Standard Methods. However, alternative methods for certain analyses of industrial wastes may be used subject to mutual agreement between the Board and the user, provided they meet federal requirements as set forth in 40 C.F.R. 136 and Section 505 of the Clean Water Act, being 33 USC §§ 1251 et seq. The POTW shall charge to the user, the standard initial analyses of the user’s wastes as well as other non-standard tests as required by the user’s specific process waste loading. Regular periodic check analysis and analysis made by the Board at the request of the user shall be charged to the user according to the standard work order billing practice. All such analysis shall be binding in determining strength of wastes, surcharges, and other matters dependent upon the character and concentration of wastes.

(B) Until an adequate analysis of a representative sample of user’s wastes has been obtained, the POTW shall, for the purpose of this chapter, make a determination of the character and concentration of the user’s wastes by using data based on analysis of similar processes or data for his type of business that are available from the U.S. Environmental Protection Agency or from industry-recognized authoritative sources. This method, if selected by the POTW, shall continue at the POTW’s pleasure or until adequate analysis has been made.

(C) All data collected pertaining to industrial wastes, including records kept by each industrial user, shall be subject to audit and review by the Environmental Protection Agency or Approval Authority upon request. The city shall annually publish in the local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.

(1994 Code, § 50.058) (Ord. 1350, passed 10-8-1984)

50.059 CONFIDENTIAL INFORMATION.

(A) Information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection 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 city that the release of such information of production is 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 upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that 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 will not be recognized as confidential information.

(C) Information accepted by the POTW as confidential shall not be transmitted to any governmental agency or to the general public by the POTW until and unless a 10-day notification is given to the user.

(1994 Code, § 50.059) (Ord. 1350, passed 10-8-1984)

50.060 COMMERCIAL OR INDUSTRIAL WASTE HAULER REGULATIONS.

(A) A person who is a licensed commercial or industrial waste hauler may discharge compatible pollutants to the wastewater treatment plant at a time and place and in such amounts as permitted by the Board. Wastewater so received must have generated from within Marshall County.

(B) Application to the Board and approval must be secured prior to any actual dumping along with payment of dump fees as follows:

(1) Septic tank (residential) – according to the current sewage rate ordinance.

(2) Industrial and/or commercial – according to the current sewage rate ordinance.

(D) Sludge from an industrial or commercial pretreatment system or liquid wastes or industrial sludges transported by waste haulers shall not be placed into the sewage works. Such sludge and wastes shall be disposed of by a licensed hauler in a site approved by the Indiana State Board of Health in accordance with requirements of Section 402(b) and 405 of the Clean Water Act, being 33 USC §§ 1242, 1244 and §§ 3001, 3004, and 4004 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, being 42 USC §§ 6921, 6924 and 6944.

(1994 Code, § 50.060) (Ord. 1350, passed 10-8-1984; Am. Ord. 2014-2082, passed 10-13-2014)

50.061 PRETREATMENT FACILITIES.

Industrial users must provide necessary wastewater treatment as required to comply with any city ordinances and/or federal categorical pretreatment standards within the time limitations as specified by this chapter or as required by the state and/or federal applicable regulation. Any facilities required to pretreat wastewater to a level acceptable to the city must be provided, operated, and maintained at the industrial user’s expense. All plans and operating procedures must be submitted to the city before construction of the facility. This requirement also applies to state regulations in which plans must be approved by the Plan Review Section of the Division of Water Pollution Control, Indiana State Board of Health.

(1994 Code, § 50.061) (Ord. 1350, passed 10-8-1984)

50.062 SUSPENSION OF SERVICE OR PERMIT; REVOCATION OF PERMIT.

(A) The POTW may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the POTW, 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 violation to any condition of its NPDES Permit.

(B) Any person notified of a suspension of the wastewater treatment service and/or a wastewater contribution 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 POTW 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 POTW shall reinstate the wastewater contributions permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any harmful contribution and the measures taken to prevent any further occurrence shall be submitted to the POTW within 7 days of the date of occurrence.

(C) The POTW may randomly sample and analyze the effluent from industrial users and conduct surveillance and inspection activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The results of these surveillance and inspection activities shall be made available to the Regional Administrator or Director upon request.

(D) 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 §§ 50.063 through 50.066 of this chapter:

(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, or this chapter, or any final judicial order entered with respect thereto.

(1994 Code, § 50.062) (Ord. 1350, passed 10-8-1984)

50.063 NOTIFICATION OF VIOLATION; SHOW CAUSE HEARING; JUDICIAL PROCEEDINGS.

(A) Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, or limitation of requirements contained herein, the city may serve upon such person a written notice either personally or by certified or registered mail return receipt requested, stating the nature of the violation. Within 30 days of the date of receipt of the notice, a plan for the satisfactory correction thereof shall be submitted by the user, either personally or in writing to the city and/or advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary establish a plan for the satisfactory correction thereof.

(B) Where the violation of § 50.062(D) hereof is not corrected by timely compliance by means of the administrative adjustment, the city may order any user which causes or allows conduct prohibited by § 50.062(D) to show cause before the city or its duly authorized representative why the proposed permit revocation action should not be taken. A written notice shall be served on the user by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the city or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the user to show cause before the city or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 days before the hearing. Service may be made on any agent, officer, or authorized representative of a user. The proceedings at the hearing shall be considered by the city which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the user in accordance with applicable local or state law.

(C) Following the entry of any order by the city with respect to the conduct of a user contrary to the provisions of § 50.062(D) hereof, the City Attorney may, following the authorization of such action by the city, commence an action for appropriate legal and/or equitable relief in the appropriate local court in accordance with the applicable procedures presented in the sewer user ordinance.

(1994 Code, § 50.063) (Ord. 1350, passed 10-8-1984)

50.064 ENFORCEMENT ACTIONS; ANNUAL PUBLICATION.

A list of all significant dischargers which were the subject of enforcement proceedings pursuant to §§ 50.062 through 50.066 during the 12 previous months shall be annually published by the city in the largest daily newspaper, published in the municipality in which the city is located, summarizing the enforcement actions taken against the dischargers during the same 12 months whose violations remained uncorrected 45 or more days after notification of non-compliance; or which have exhibited a pattern of noncompliance over that 12-month period or which involve failure to accurately report non-compliance.

(1994 Code, § 50.064) (Ord. 1350, passed 10-8-1984)

50.065 RIGHT OF APPEAL.

Any user or any interested party shall have the right to request in writing an interpretation or ruling by the city on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a user and deals with matters of performance or compliance with this chapter or deals with a wastewater discharge permit issued pursuant hereto for which enforcement activity relating to an alleged violation which is the subject, receipt of a user’s request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and state law.

(1994 Code, § 50.065) (Ord. 1350, passed 10-8-1984)

50.066 OPERATING UPSETS.

(A) Any user which experiences an upset in operations which places the user in a temporary state of non-compliance with this chapter or a wastewater discharge permit issued pursuant thereto shall inform the Board thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the POTW within 5 days. The report shall specify:

(1) Description of the upset, the cause thereof and the upset’s impact on a discharger’s compliance status;

(2) Duration of noncompliance, including exact dates and times of non-compliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur;

(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.

(B) A documented and verifiable operating upset shall be an affirmative defense to any enforcement action brought by the city against a user for any non-compliance with this chapter or any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred during the period of the upset.

(1994 Code, § 50.066) (Ord. 1350, passed 10-8-1984)

50.067 RECORDS RETENTION.

All users subject to this chapter shall retain and preserve for no less than 3 years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analysis made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. The POTW shall retain and preserve all permit files, records, and enforcement activity records for no less than 3 years.

(1994 Code, § 50.067) (Ord. 1350, passed 10-8-1984)

50.068 ANNUAL RECORDS REVIEW.

This subchapter shall be reviewed annually by the Board to insure compliance with current state and federal regulations, and the Board will, as necessary, recommend to the city actions to upgrade this subchapter.

(1994 Code, § 50.068) (Ord. 1350, passed 10-8-1984)

50.069 VIOLATIONS.

(A) Any user who is found to have violated an order of the city or who has failed to comply with any provision of this chapter and the regulations or rules of the city or orders of any court of competent jurisdiction may be subject to the imposition of a civil penalty according to the Plymouth Code of Ordinances.

(B) Any user violating any of the provisions of this chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the POTW, shall be liable to the city for any expense, loss, or damage caused by such violation or discharge. The city shall bill the user for costs incurred by the city for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of §§ 50.062 through 50.066.

(C) Any person who knowingly makes any false statement, representation or certification in any application, report, or other document required by the city ordinances or other applicable regulations, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction, be punished by the imposition of a civil penalty as provided by the Code of Ordinances.

(D) Any major contributor that is required to furnish and maintain its own sampling equipment shall repair or cause to be repaired defective sampling equipment within 5 days of being notified that said equipment is not working properly. Failure to repair the sampling equipment within 5 days of notification shall be construed a violation of this chapter and subject to a fine not to exceed $1,000 per day per violation. The Board of Public Works and Safety shall make the final decision on the imposition of any fine under this section.

(1994 Code, § 50.069) (Ord. 1350, passed 10-8-1984; Am. Ord. 92-1575, passed 1-25-1993; Am. Ord. 2014-2082, passed 10-13-2014)

RATES AND CHARGES

50.080 DEFINITIONS.

Unless the context specifically indicates otherwise, the meaning of terms used in §§ 50.080 through 50.093 shall be as follows:

(A) CITY shall mean the City of Plymouth, Indiana, acting by and through the Board of Public Works and Safety.

(B) DEBT SERVICE COSTS shall mean the average annual principal and interest payments on all outstanding revenue bonds or other long-term debt.

(C) EQUIVALENT RUNOFF UNIT shall mean a property with impervious area equal to or less than 12,000 square feet located within the city.

(D) EXCESSIVE STRENGTH SURCHARGE shall mean an additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage.”

(E) NORMAL DOMESTIC SEWAGE (for the purpose of determining surcharges) shall mean wastewater or sewage having an average concentration as follows:

BOD not more than 240 mg/l

S.S. not more than 240 mg/l

Ammonia not more than 10 mg/l

As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from waste from industrial processes.

(F) OPERATION AND MAINTENANCE COSTS include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport, and treatment on a continuing basis, and produce discharges to receiving waters that conform with all related federal, state, and local requirements, and include all costs, direct and indirect, necessary to provide adequate wastewater and stormwater collection and transport on a continuing basis, and produce discharge that conforms with all federal, state, and local requirements. (These costs include replacement.)

(G) OTHER SERVICE CHARGES shall mean tap charges, connection charges, area charges, and other identifiable charges other than user charges, debt service charges, and excessive strength surcharges.

(H) REPLACEMENT COSTS shall mean the expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the sewage works equipment to maintain the capacity and performance for which such works were designed and constructed.

(I) SEWER USE ORDINANCE shall mean a separate and companion enactment to the ordinance codified in this section, which regulates the connection to and use of public and private sewers.

(J) STORMWATER DEPARTMENT shall mean a department of the sewage works created by Ordinance No. 2006-1914 for the purpose of planning, controlling, and operating and maintaining the city’s stormwater management system, and to comply with Indiana stormwater quality programs.

(K) STORMWATER ORDINANCE shall mean Ordinance No. 2006-1914, as amended from time to time, establishing regulations for stormwater management and creating a Stormwater Department of the Plymouth Municipal Sewage Works.

(L) USER CHARGE shall mean the charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92-500.

(M) USER CLASS shall mean the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional, and governmental).

RESIDENTIAL USER shall mean a user of the treatment works whose premises or building is used primarily as a residence for 1 or more persons, including all dwelling units, etc.

COMMERCIAL USER shall mean any establishment involved in a commercial enterprise, business, or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

INSTITUTIONAL USER shall mean any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

GOVERNMENTAL USER shall mean any federal, state, or local governmental user of the wastewater treatment works.

INDUSTRIAL USER shall mean any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.

(N) Any term not defined herein, but defined in the sewer use ordinance, shall have the same meaning herein.

(Ord. 2020-2174, passed 11-9-2020)

50.081 SANITARY AND STORMWATER USERS.

(A) For sanitary sewer services, every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established for each user class, as defined, in order that the sewage works shall recover from each user and user class revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges shall be uniform in magnitude within a user class.

(1) User charges are subject to the rules and regulations adopted by the U. S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 CFR 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment.

(2) The various classes of users of the treatment works, for the purpose of §§ 50.080 through 50.093, shall be as follows:

Class I –	Residential
	Commercial
	Governmental
	Institutional
	Industrial

(B) For stormwater service, every person whose premises are within the city shall be charged for service provided in relationship to the number of equivalent runoff units for the premises in the manner provided for in § 50.085(B). The user charge is deemed reasonable and necessary to pay for the operation and maintenance of the Stormwater Department.

(Ord. 2020-2174, passed 11-9-2020)

50.082 SANITARY SEWER RATE FOR VOLUME.

For the use of the service rendered by the sewage works for sanitary sewage, rates and charges shall be collected from the owners of each and every lot, parcel of real estate, or building that is connected with the city sanitary system or otherwise discharges sanitary sewage, industrial wastes, water, or other liquids, either directly or indirectly, into the sanitary sewage system of the City of Plymouth. Such rates and charges include user charges, debt service costs, excessive strength surcharges, and other service charges, which rates and charges shall be payable as hereinafter provided and shall be in an amount determined as follows:

(A) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meter shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined is as follows:

Phase III – Effective March 1, 2019 (February Consumption)

(Outside corporate city boundaries rates and charges are approximately 14.9% higher than the rates and charges for customers inside corporate city boundaries.)

All Class I Users
(1)	Treatment rate per 1,000 gallons of usage per month:
		User Charge	Debt Service	Total
		$2.43	$1.55	$3.98
	plus
(2)	Base rate per month:
	5/8" – 3/4" water meter	$2.77	$10.19	$12.96
	1" water meter	5.36	25.39	30.75
	1 1/2" water meter	11.01	58.77	69.78
	2" water meter	18.25	101.24	119.49
	3" water meter	40.51	232.79	273.30
	4" water meter	71.46	414.91	486.37
	6" water meter	159.09	930.94	1,090.03

Outside Corporate City Boundaries
(3)	Treatment rate per 1,000 gallons of usage per month:
		User Charge	Debt Service	Total
		$2.75	$1.78	$4.53
	plus
(4)	Base rate per month:
	5/8" – 3/4" water meter	$3.19	$11.70	$14.89
	1" water meter	6.16	29.18	35.34
	1 1/2" water meter	12.63	67.61	80.24
	2" water meter	20.94	116.41	137.35
	3" water meter	46.57	267.70	314.27
	4" water meter	82.19	477.11	559.30
	6" water meter	182.96	1,070.56	1,253.52

(B) For residential users of the sewage works that are unmetered water users or accurate meter readings are not available, the monthly charge shall be determined by equivalent single-family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month (or period equaling a month). The schedule on which said rates and charges shall be determined is as follows:

Phase III – Effective March 1, 2019 (February Consumption)

(Outside corporate city boundaries rates and charges are approximately 14.9% higher than the rates and charges for customers inside corporate city boundaries.)

		User Charge	Debt Service	Total
Residential:
	Single-family dwelling unit	$14.53	$17.78	$32.31

Outside Corporate City Boundaries
		User Charge	Debt Service	Total
Residential:
	Single-family dwelling unit	$16.68	$20.39	$37.07

(C) For the service rendered to the City of Plymouth, said city shall be subject to the same rates and charges established in harmony therewith.

(D) In order to recover the cost of monitoring industrial wastes, the city shall charge the user not less than $192 per monitoring event, plus the actual cost for each time sampling equipment is used, or $155 for each time sampling equipment is used, whichever is greater, all as determined by the city or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in §§ 50.080 through 50.093.

(Ord. 2020-2174, passed 11-9-2020)

50.083 DETERMINING SANITARY SEWER VOLUME.

The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the city shall be determined by the city in such manner as the city shall reasonably elect, and the sewage service shall be billed at the appropriate rates, except as hereinafter provided in this section, the city may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the city that such quantities do not enter the sanitary sewage system.

(A) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial wastes, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the city, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city. In order to ascertain the rate for charges provided in §§ 50.080 through 50.093, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(B) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial wastes, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the city, and in addition is a user of water from another source which is not measured by a water meter or is measured by a meter which is not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city. In order to ascertain the rates or charges, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(C) In the event 2 or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then, for billing purposes, the base charge and the flow rates and charges shall apply for each of the number of residential lots, parcels of real estate, or buildings served through the single water meter, with all such rates and charges being billed on a single bill in the name of the property owner.

(D) In the event 2 or more dwelling units such as mobile homes, apartments, or housekeeping rooms discharging sanitary sewage, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then, in such case, billing shall be for a single service in the manner set out elsewhere herein, except that an additional units charge shall be added thereto, in the amount equivalent to the customer’s applicable base rate for a 5/8-inch to 3/4-inch water meter per month per dwelling unit over 1 served through the single water meter. In the case of mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through the meter. A dwelling unit shall be interpreted as a room or rooms, or any other space or spaces in which cooking facilities are provided.

(E) In the event a lot, parcel of real estate, or building discharges sanitary sewage, industrial waste, water, or other liquids into the city’s sanitary sewage system, either directly or indirectly, and uses water in excess of 10,000 gallons per month, and it can be shown to the satisfaction of the city that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(F) In order that the domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the summer months, the billing for sewage service for such users shall be based upon the water usage of the last previous calendar month of March. In the case of domestic and residential users who do not have a billing history for March, their rate will be based on a citywide average from residential customers from the month of March.

(1) In the event the water usage for the months of May, June, July, and August is greater than the water used by such user for the previous month of March, then the billing for sewage service shall be computed on the water use for the last previous month of March.

(2) In the event water usage is less in the months of May, June, July, and August, then billing shall be based upon the actual water used in said month.

Domestic and/or residential sewage services as applicable to the sprinkling rate shall apply to each lot, parcel of real estate, or building which is occupied and used as a residence. Said sprinkling rate shall not apply to any premises which are partially or wholly used for commercial or industrial purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate water meter, and in such case, the water usage as registered by the water meter service portion of the premises used for residential purposes would qualify under the sprinkling rate.

(Ord. 2020-2174, passed 11-9-2020)

50.084 SANITARY SEWER RATES FOR STRENGTH OF SEWAGE.

In order that the rates and charges may justly and equitably be adjusted to the service rendered to users, the city shall base its charges not only on the volume but also the strength and character of the stronger-than-normal domestic sewage and wastes which it is required to treat and dispose of. The city shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the sanitary sewage system, in such manner, by such method, and at such times as the city may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the city at all times.

(A) Normal domestic waste strength should not exceed a biochemical oxygen demand of 240 milligrams per liter of fluid, or suspended solids in excess of 240 milligrams per liter of fluid, or ammonia in excess of 10 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis:

Phase III – Effective March 1, 2019 (February Consumption)

(1) Rate surcharge based upon suspended solids. There shall be an additional charge of $0.61 per pound of suspended solids for suspended solids received in excess of 240 milligrams per liter of fluid.

(2) Rate surcharge based upon BOD. There shall be an additional charge of $0.39 per pound of biochemical oxygen demand for BOD received in excess of 240 milligrams per liter of fluid.

(3) Rate surcharge based upon ammonia. There shall be an additional charge of $4.51 per pound of ammonia for ammonia received in excess of 10 milligrams per liter of fluid.

(B) The determination of suspended solids, 5-day biochemical oxygen demand, and ammonia contained in the waste shall be in accordance with the latest copy of “Standard Methods for the Elimination of Water, Sewage, and Industrial Wastes,” as written by the American Public Health Association, the American Water Works Association, and the Water Pollutant Control Federation, and in conformance with “Guidelines Establishing Test Procedures for Analysis of Pollutants,” 40 CFR Part 136.

(Ord. 2020-2174, passed 11-9-2020)

50.085 STORMWATER USER FEE.

(A) The user fees for stormwater shall be $5.00 per month per equivalent runoff unit.

(B) Equivalent runoff units shall be determined as follows:

	Square Feet	ERUs
For Impervious Area	1 – 12,000	1
For Impervious Area	12,001 – 24,000	2
For Impervious Area	24,001 – 96,000	8
For Impervious Area	Over 96,000	32

(C) Customers seeking a redetermination of their impervious area calculation must file an application for the same on an application form provided by the Board through the Director of Public Works office. Applications must be accompanied by the appropriate application fee set forth below:

(1) Residential application fee – $25.

(2) Nonresidential application fee – $100.

If it is determined that a parcel’s impervious area is less than initially established and as a result the parcel is subject to a lower ERU, the application fee shall be refunded.

(Ord. 2020-2174, passed 11-9-2020)

50.086 BILLING FOR SANITARY AND STORMWATER SERVICE; AND PAYMENT.

Such rates and charges shall be prepared, billed, and collected by the city in the manner provided by applicable statutes and ordinances.

(A) The rates and charges for all users with active accounts shall be prepared and billed monthly.

(B) All rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required.

The owners of properties served which are occupied by a tenant or tenants shall have the right to examine the collection records of the city for the purpose of determining whether the bills have been paid by such tenant or tenants; provided, that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.

(C) All rates and charges billed for open accounts are due on the fourth day of any given month. (In months where the fourth day falls on a weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the due date is extended until the next business day in which the City Clerk-Treasurer’s office is open.) Bills that are not paid by the due date are hereby declared to be delinquent and a penalty of 10% of the amount of the rates and charges outstanding shall be charged and shall become a part of said bill. Delinquent notices shall be mailed immediately after the due date. This will be the final notice to the customer before disconnection of water service to the property. No other notice of any kind shall be necessary or issued.

Delinquent bills must be paid by 9:00 a.m. local time on the fifteenth day of any given month. (In months where the fifteenth day falls on a Friday, weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the time in which to pay delinquent bills is extended until 9:00 a.m. local time on the next business day in which the City Clerk-Treasurer’s office is open.) If delinquent bills are not paid in the time allowed, any water service to the property shall be disconnected. In order for a customer to have water service to the property resume, a reconnection fee of $30 must be paid by the customer (see § 51.43(F)), in addition to the payment in full of all delinquent charges and rates. For sewer-only accounts, if delinquent bills are not paid in the time allowed, an administrative fee of $30 must be paid by the customer, in addition to the payment in full of all delinquent charges and rates.

(D) When a customer requests that water service be disconnected at a property (or requests to discontinue sewer only service) a final bill for all rates and charges shall be prepared. Final bills shall be issued on a rolling basis, within a reasonable time after the requested disconnection date. Final bills are due by the tenth day following the billing date. (In months where the tenth day following the billing date falls on a weekend, holiday, or other day where the City Clerk-Treasurer’s office is closed, the due date is extended until the next business day in which the City Clerk-Treasurer’s office is open.)

(Ord. 2020-2174, passed 11-9-2020)

50.087 STORMWATER UTILITY REVENUE FUND.

(A) The city has established the stormwater utility revenue fund. All proceeds received as a result of user fees and charges or penalties assessed by §§ 50.085 and 50.086(C), or subsequent amendments hereto, shall be deposited in the stormwater utility revenue fund. Proceeds from this revenue fund shall be for the exclusive use of the city’s Stormwater Department which includes, but is not limited to, the following:

(1) Stormwater management services, such as studies, design, permit review, plan preparation, and development review.

(2) Operation, maintenance, repair, and replacement of the stormwater collection, storage, conveyance, and/or treatment infrastructure.

(3) Project costs related to constructing major or minor structural improvements to the city’s stormwater-related infrastructure.

(4) Administrative costs associated with the management of the Stormwater Department user fee and the administrative costs associated with MS4 compliance and reporting to the state and federal authorities.

(5) Debt service financing of the city’s stormwater-related capital improvements.

(6) Funding of studies, such as water quantity and quality monitoring, aerial photography, and geotechnical work associated with the planning of the stormwater-related infrastructure.

(B) On the last day of each month, proceeds remaining in the revenue fund shall be first transferred to the Stormwater Department operating account so that the operating account maintains a balance equal to the operating and maintenance expenses (excluding replacements) of the Stormwater Department for the next 2 months. Any proceeds remaining in the revenue fund after the transfers to the Stormwater Department operating account shall be transferred to the stormwater utility improvement account. Funds held in the operating and improvement accounts may be used to pay operating and maintenance expenses of the Stormwater Department.

(Ord. 2020-2174, passed 11-9-2020)

50.088 CHARGES FOR NONRECURRING SANITARY SEWER CUSTOMERS.

(A) Fees associated with shipping and handling of treatable waste generated by a customer approved by the City of Plymouth Utilities Superintendent shall be billed at an hourly rate to include, as necessary to complete such shipping and handling, wages and benefits for employees and normal contracted commercial trucking rates determined by the Superintendent.

(B) Self-contained portable toilets (RVs, motor homes, etc.) shall be billed $14.19 per discharge up to 30 gallons of treatment and billing. This fee would apply only to a non-city resident who cannot produce a valid water bill.

(C) Bio-solids or septage which has been trucked in by a private hauler shall be billed at $.084 per gallon. In the event the City of Plymouth Utilities Superintendent determines the Department should truck the material, the customer shall be assessed $.084 per gallon plus trucking, wage, and benefit fees to perform the task.

(Ord. 2020-2174, passed 11-9-2020)

50.089 REVIEW OF RATES.

In order that the rates and charges for sanitary and stormwater sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users or user classes, the city shall cause a study to be made within a reasonable period of time following the first 2 years of operation following the date on which the ordinance codified in this section goes into effect. Such study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works, and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements, and capital improvements to the wastewater treatment systems and Stormwater Management Department.

Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the city shall cause a similar study to be made for the purpose of reviewing the fairness, equity, and proportionality of the rates and charges for sewage services on a continuing basis. Said studies shall be conducted by officers or employees of the city or by a firm of certified public accountants, or a firm of consulting engineers, which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants, or engineers as the city shall determine to be best under the circumstances. The city shall, upon completion of said study, revise and adjust the rates and charges as necessary in accordance therewith in order to maintain the proportionality and sufficiency of the rates.

(Ord. 2020-2174, passed 11-9-2020)

50.090 PROHIBITED WASTES.

The city shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical, and efficient management of the city’s sewage system, pumping stations, and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system, and for the regulation, collecting, rebating, and refunding of such rates and charges.

The city is hereby authorized to prohibit dumping of wastes into the city’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the city, or to require methods affecting pretreatment of said wastes to comply with the pretreatment standards including the National Pollutant Discharge Elimination System (NPDES) permit issued to the sewage works, or as may be contained in the EPA General Pretreatment Regulations, 40 CFR Part 403, and any amendments thereto, or the city’s pretreatment program.

(Ord. 2020-2174, passed 11-9-2020)

50.091 APPEALS.

Any differences that may arise between users and officials of the sewage works that cannot be resolved at any level may be appealed to the Board of Public Works and Safety of Plymouth.

(Ord. 2020-2174, passed 11-9-2020)

50.092 SPECIAL RATES.

The Board is hereby further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined, and such reduction shall be limited to such reduced costs.

(Ord. 2020-2174, passed 11-9-2020)

50.093 DEPOSITS FOR SEWER-ONLY ACCOUNTS.

(A) A prospective residential customer seeking a sewer-only account with the city shall pay a deposit of $120 prior to the furnishing of the services. The deposit shall be refunded to the customer upon payment of the final charges for sewer service after the discontinuance of the services. Payment of such deposit is not required of persons who hold title to the real estate where the sewer service is to be provided, which is sufficient to guarantee the payment of the costs of the sewer service.

(B) If a customer for whom a deposit has been credited remains delinquent on his or her sewer bill for a period of 45 days, the Clerk-Treasurer may apply the deposit to the delinquent sewer bill. If any funds remain after application to the delinquent sewer bill, the Clerk-Treasurer may apply the balance to any other fee owed to the city.

(C) New accounts opened for nonresidential sewer-only users shall pay a deposit in the amount equal to the billing for 1-1/2 months of anticipated sewer usage or $120, whichever is greater. Such deposit must be made prior to initiation of sewer service. However, the Plymouth Board of Public Works and Safety is hereby given the authority, after a petition is presented to it, to waive all or any part of the deposit as required and as calculated in this subchapter.

(D) The customer deposits required in subsections (A) and (C) of this section shall not accrue interest.

(Ord. 2020-2174, passed 11-9-2020)

50.094 ADDITIONAL CHARGES.

(A) Sewer customers are subject to the following additional charges, as may be applicable:

(1) Industrial Waste Discharge Application Review	$200
(2) Service Call Fee for After-Hours Call for Non-City Plumbing Issue	$50

(B) The Utilities Superintendent shall advise the Clerk-Treasurer’s Office of any such fees identified above when due for billing and collection.

(Ord. 2018-2138, passed 7-23-2018)

ADMINISTRATION AND ENFORCEMENT

50.100 BYLAWS AND REGULATIONS.

(A) The city shall make and enforce such by-laws and regulations as may be deemed necessary for the safe, economical and efficient management of the city’s sewage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system and for the regulation, collection, rebating and refunding of such rates and charges.

(B) The city is hereby authorized to prohibit dumping of wastes into the city’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the city, or to require methods affecting pretreatment of said wastes to comply with the pretreatment standards included in the national pollutant discharge elimination system (NPDES) permit issued to the sewage works or as may be contained in the EPA General Pretreatment Regulations, 40 C.F.R. pt. 403 and any amendments thereto or the city’s Pretreatment Program Plan.

(1994 Code, § 50.100) (Ord. 92-1548, passed 3-23-1992; Am. Ord. 2002-1805, passed 5-13-2002)

50.101 RIGHT OF ENTRY.

(A) The Superintendent, Inspector and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Superintendent or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.

(C) The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(1994 Code, § 50.101) (Ord. 1350, passed 10-8-1984; Ord. 1404, passed 2-3-1987)

50.102 APPEALS TO BOARD OF PUBLIC WORKS AND SAFETY.

Any differences that may arise between users and officials of the sewage works that cannot be resolved at that level may be appealed to the Board of Public Works and Safety of the city.

(1994 Code, § 50.102) (Ord. 1404, passed 2-3-1987; Ord. 92-1548, passed 3-23-1992; Am. Ord. 2002-1805, passed 5-13-2002; Am. Ord. 2014-2082, passed 10-13-2014)

50.999 PENALTY.

(A) Any person found to be violating any provisions of this chapter except § 50.101 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(B) Any person who shall continue any violation beyond the time limit provided for in division (A) above shall be guilty of a violation and on conviction thereof shall be fined in an amount not exceeding $2,500 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.

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

(1994 Code, § 50.999) (Ord. 1404, passed 2-3-1987)