Granville Community Calendar

Ordinance No. 07-2015

ORDINANCE NO. 07-2015

AN ORDINANCE TO RESCIND CHAPTER 921 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO AND ADOPT A NEW CHAPTER 921 PERTAINING TO SEWER REGULATIONS

 

            WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update Chapter 921 Sewer Regulations of the Village.

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that:

Section 1.  Chapter 921 “Sewer Regulation: is rescinded in its entirety. 

Section 2.  Chapter 921 “Sewer Regulations” is adopted as follows:

 

CHAPTER 921

                                                               Sewer Regulations

 

 

 

921.01   Definitions.                                                     921.07 Sewer service charges.          

921.02 Prohibitions and limitations.                          921.08 Applicability of sewer rental

921.03 Use and requirements of public sewers.                     charges.                                                                      

            921.04 Sanitary sewer system capacity charges.       921.09 Lien of sewer rental.

921.05 Controlled and prohibited wastes.                 921.10  Enforcement procedures.

921.06 Industrial wastewater monitoring and           921.11 Appeals.

             reporting.                                                        921.99 Penalty.

 

                                                          CROSS REFERENCES

                             Power to construct sewerage system - see Ohio R.C. 715.40, 717.01

               Regulations to control house sewers and connections - see Ohio R.C. 729.51

 

            921.01 DEFINITIONS.

            Unless the text specifically indicates otherwise the meaning of terms used in this chapter shall be as follows: 

(1)   “Available frontage or frontage” means the frontage for all parcels that abut the sanitary sewer main.  On corner parcels, the frontage shall be the shortest frontage that abuts a street right-of-way.  Parcels, that already abut a sanitary sewer main, shall not be considered part of the available frontage. 

(2)  "Carbonaceous Biochemical Oxygen Demand 5 (CBOD5)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in which the nitrogenous bacteria has been suppressed under standard laboratory procedure in five days at twenty degrees centigrade expressed in milligrams per liter.

(3)  “Capacity fees” are fees assessed on a one-time basis when a customer desires to connect to the sewer system.  These fees pay for capital improvement costs associated with the sewer treatment plant and collection system.

(4)   "Chemical oxygen demand" (COD) means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures expressed in milligrams per liter.

(5)   "Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.

(6)   "Compatible pollutant" means COD, suspended solids, pH and E.coli coliform bacteria plus additional pollutants identified in the NPDES permit, if the publicly owned treatment plant was designed to treat such pollutant and, in fact, does remove such pollutants to a substantial degree.

        Examples of such additional pollutants may include:

            (a)     CBOD5;

            (b)     Total organic carbon;

            (c)     Phosphorous and phosphorous compounds;

            (d)    Nitrogen and nitrogen compounds;

            (e)     Fats, oils and greases (FOG) of animal or vegetable origin except as prohibited under Section 921.02. 

(7)   "Commercial unit" means a building or part of a building used by one commercial, private or public enterprise for uses other than as a dwelling, but not classified as an institutional or industrial unit.

 (8)   "Consumer" means the owner or person in control of any premises supplied by or in any manner connected to a public water system.

(9)   “Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, where the only pollutant added to the water is heat.

(10)   "Debt service charge" means the charge levied on users to make principal and interest payments required for the amortization of the cost of the wastewater collection and treatment facilities

(11)   "Director" means the director of environmental protection or the director's duly authorized representative.

(12)   "Residential unit or class" means a building or part of a building used by one family, exclusively as a place of abode.

(13)   "Engineer" means the Village Engineer as designated by Council.

(14)   "Federal Act" means the Federal Water Pollution Control Act Amendments of 1972 and 1977, Public Law 92-500 and any amendments thereto; as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.

(15)   "Floatable oil" means fats, oils or grease (FOG) in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.

(16)   "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.

(17)   "Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined in subsection (6) hereof. 

(18)   "Industrial class" means any governmental or publicly funded user of the publicly owned treatment works not engaged in profit oriented business.

(19)   "Industrial cost recovery" means recovery by the Village from the industrial users of a treatment works of the grant amount allocable to the treatment of wastes from such users pursuant to Section 204(b) of Title II, Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) and amendments thereto.

(20)   "Industrial users or class" means any nongovernmental, nonresidential user of publicly owned treatment works, which discharges sanitary wastes and is identified in the Standard Industrial Classification Manual, 1972 Office of Management and Budget, as amended and supplemented under one of the following divisions:

             Division A.      Agriculture, Forestry, Fishing

             Division B.      Mining

             Division C.      Manufacturing

             Division D.      Transportation, Communications, Electric, Gas and Sanitary Services

             Division E.      Services. 

(a)          In determining the amount of a user's discharge, the grantee may exclude domestic wastes of discharge from sanitary conveniences.

(b)         After applying the sanitary waste exclusion in subsection (20)(a) hereof (if grantee chooses to do so), discharges in the above divisions that exceed the weight of carbonaceous biochemical oxygen demand (CBOD-5) or suspended solids (SS) of sanitary waste are considered industrial users.  Sanitary wastes, for purposes of this calculation of equivalency, are the wastes discharged from residential users.  The strength of residential discharges is herein defined as CBOD-5 less than or equal to 275 milligrams per liter and suspended solids less than or equal to 300 milligrams per liter.  Any nongovernmental user of a publicly owned treatment works, which discharges wastewater to the treatment works that contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to interfere with any sewage treatment process, or constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.  All commercial users of an individual system constructed with grant assistance under Section 201(h) of the Act and this subpart.   (See 35.918(a) (3).

(21)   "Industrial wastes" means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

(22)   "Major contributing industry" means an industrial user of the publicly owned Treatment works that:

             (a)   Has a flow of 50,000 gallons or more than average work day;

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

              (c)       Has in its waste a toxic pollutant as defined in standards issued under Section 307 (a) of the Federal Act; or

             (d)      Is found by the permit issuance authority in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have the significant impact, either singly or in combination with other contributing industries on that treatment works or upon the quality of effluent from that treatment works.

(23)   "May" is permissive; "shall" is mandatory.

(24)   “MG/L” means milligrams per liter.

(25)   "Natural outlet" means any outlet including storm sewers and combined sewer overflows into a water way, pond, ditch, lake or other body of surface or ground water.

(26)   "NPDES" permit means the National Pollutant Discharge Elimination System permit. 

(27)   "Operation and maintenance costs" means all costs associated with the operation and

maintenance of wastewater collection and treatment facilities as well as costs associated with periodic equipment replacement necessary for maintaining capacity and performance of the wastewater collection and treatment facilities. 

(28)   "Person" means any individual, firm, company, association, society, corporation or group.

(29)   "pH" means the reciprocal of the logarithm of the hydrogen ion concentration.  The concentration is the weight of hydrogen ions, in grams, per liter of solution.  Neutral water for example, has a pH value of 7 and a hydrogen ion concentration of 1 0-7 

(30)   "Pollutant" means dredged spoil, solid waste, incinerator residue, wastewater, garbage, waste water sludge, munition, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into the water. 

(31)   "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have 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. 

(32)   "Pretreatment" means the treatment of wastewaters from sources before introduction into publicly owned wastewater treatment facilities. 

(33)   "Public sewer" means a common sanitary sewer controlled by the Village of Granville. 

(34)   "Replacement" means expenditures for obtaining and installing equipment accessories or appurtenances that are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.  The term "operation and maintenance" includes replacement.

(35)   “Right-of-Way” means the right to build and operate a road or utility on land belonging to another. 

(36)   "Sanitary sewer" means a sewer that carries liquid and wastewater from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally. 

(37)   “Service Connection" means any residence, commercial establishment, industry or private or public facility generating, accumulating and/or otherwise discharging liquid waste either directly or ultimately into any of the sewer systems of the Village.

(38)   “Sewage” means wastewater after it has been used and discharged into a sewer.

(39)   “Sewer Lateral" means the extension from the building drain to the public sewer or other place of disposal, also called house connection 

(40)   "Sewer service charge" means the charge levied on users for capital cost amortization (debt service charges) and for operation and maintenance costs (user charges).  Such sewer service charges include debt service charges and user charges. 

(41)   "Slug" means any discharge of water or wastewater in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. 

(42)   "Storm drain or storm sewer" means a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source. 

(43)    "Storm water" means any flow occurring or immediately following any form of natural precipitation and resulting therefrom.  Water originating from precipitation which is captured in roof drains and down spouts, footer and foundation tiles, ground drainage tiles and catch basins, which do not undergo any use or contamination prior to disposal 

(44)   "Superintendent" means the Wastewater Treatment Superintendent of the Village or his authorized representative. 

(45)   "Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard-Methods for the Examination of Water and Wastewater and referred to as non-filterable residue. 

(46)   "Toxic pollutant” includes, but not necessarily is limited to, aldrin-dieldrin, benzidine, cadmium, cyanide, DDT-endrin, mercury, polychlorinated biphenyls (PCB's) and toxaphene.  Pollutants included as toxic shall be those promulgated as such by the United States Environmental Protection Agency. 

(47)   "User charge" means the charge levied on the users of the treatment works for the cost of operation and maintenance of such works, pursuant to Section 204 (b)of Title 11 of the Federal Water Pollution Control Act of 1 972 (Public Law 92-500) and amendments thereto. 

(48)   "Unpolluted water" means water of a quality equal to or better than the effluent criteria in effect or water that would not cause violation of water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

(49)   “Village” means the Village of Granville, and any authoritative member such as the Village Manager, Utilities Director or Wastewater Superintendent.

(50)   "Wastewater" (sanitary water) means the spent water of a community.  From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present. 

(51)    "Wastewater facilities" means the structures, equipment and processes required to collect, carry away and treat domestic industrial wastes and dispose of the effluent. 

(52)    "Wastewater treatment works" means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge.  Sometimes used synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant." 

            921.02 PROHIBITIONS AND LIMITATIONS.

(1)  No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewers or wastewater treatment works: 

(a)  Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(b)  Any waters or wastes having a pH lower than 6.0 or higher than 9.0 su, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works

(c)  Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers or other interferences with the proper operation of the wastewater facilities such as, but not limited to:

  • ·         Disposable diapers of any size, nursing pads, baby wipes
  • ·         Cleaning wipes or any other fibrous wipes
  • ·         Cotton balls, pads or swabs
  • ·         Feminine hygiene products
  • ·         Unused medication
  • ·         Prophylactics
  • ·         Facial tissue
  • ·         Hair
  • ·         Nail polish, polish remover, solvents, paint, turpentine
  • ·         Bandages and bandage wrappers
  • ·         Syringes, needles and sharps
  • ·         Kitty litter
  • ·         Dental floss
  • ·         Toys
  • ·         Wood

   (d)    Described substances, materials, waters or waste shall be limited in discharge to public sewers or wastewater treatment works to concentrations or quantities that will not harm the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, and public property or constitute a nuisance.  The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion more severe limitations are necessary to meet the above objectives.  Deliberate dilution with unpolluted water to meet the concentrations established in the regulations below shall not be acceptable.  In forming his opinion as to the acceptability, the Superintendent will give consideration to such facts as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the wastewater treatment plant, plant capacities and other pertinent factors.  The limitations or restrictions on materials or characteristics of waste or wastewater discharged into the sanitary sewers shall not be violated without approval of the Superintendent.  Those limitations are as follows:

     (i)    Any liquid having a temperature higher than 150 degrees Fahrenheit.

    (ii)    Wastewater containing more than fifty milligrams per liter of petroleum oil, non-biodegradable cutting oils, products of mineral oil origin, floatable oils, fat, wax or grease.

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

   (iv)    Any waters or wastes containing solids, liquids or gasses in sufficient quantity either singly or by interaction with other wastes to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, waters of the wastewater treatment plant, including but not limited to, cyanides, hexavalent chromium, copper, zinc, cadmium, nickel and phenols in the waste as discharged into the public sewer.  The following concentrations shall not be exceeded in industrial wastes discharged into the public sewers: total cyanide (CN), 0.5 milligrams per liter (mg/l); hexavalent chromium, 1.0 mg/l, copper, 1.0 mg/l; zinc, 1.0 mg/l; cadmium, 0.2 mg/l; nickel, 2.0 mg/l; phenols, 0.2 mg/l; lead, 0.5 mg/l; mercury, 0.01 mg/l; silver, 0.2 mg/l.

            These maximum concentrations may be changed as necessary by the Superintendent or state regulatory agencies based on new information concerning inhibitory substances, to protect treatment plant processes or to ensure plant compliance with state and federal permits or regulations.  Industrial discharges covered by Federal pretreatment requirements shall meet those limitations specified under the effluent guidelines published under Section 304(b) and 307(b) of the Federal Act or the above concentrations, whichever is more stringent.

     (v)   Any waters or wastes containing odor-producing substances exceeding limits that may be established by the Superintendent or any local or state regulatory agencies.

    (vi)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits in compliance with applicable state or federal regulations.

   (vii)   Quantities of flow, concentrations or both which constitute a slug as defined herein.

   (vii)   Waters or wastes containing substances that are not amenable to treatment or reduction by the wastewater treatment processing employed, are amenable only to such degree that the wastewater treatment plant effluent cannot meet the requirements or other agencies having jurisdiction over discharge to the receiving waters or substances that would result in a violation of the NPDES permit.

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

     (x)   Any wastes with objectionable color not removable by the treatment process.

    (xi)   All testing to identify any of the above mentioned pollutants, waters or wastes shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.

 (e)    Prohibition of Unpolluted Water.  No person shall discharge or cause to be discharged any (unpolluted) surface water, groundwater, roof run-off, storm water, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.  Any existing roof drain connections to sanitary or combined sewers shall be connected into an available storm sewer or shall be disconnected above ground in an appropriate manner approved by the Village.  Discharges from roof drains emptying onto the ground surface shall be at least three feet from adjacent property line and shall in no way be directed to flood or otherwise cause damage to adjoining property.  The owner of any building situated within the Village is required at his expense to disconnect all existing roof drains from sanitary and combined sewers in accordance with the provisions of this section within 180 days after the date of official notice to do so.  Discharge units connecting to a Village sanitary sewer or combination sewer shall be free of all storm water.  It is prohibited that any new construction of discharge units shall have any storm water connections of roof drains, footer and foundation tiles or any other connections to a sanitary sewer. 

(2)  No person shall change the sewer collection system by: 

        (a)   Concealing or tampering with any maintenance fixture, i.e. manhole, cleanout, or similar appurtenances of the sanitary sewer system.

(b)   Modifying, repair or replacement of the building sewer service lateral without inspection and/or permission of an authorized representative of the Village of Granville wastewater department.

(c)   Modifying the grade surrounding any sanitary manhole or similar device by the property owner or builder without adjusting the public sewer device to grade at the owner’s expense. 

            921.03  USE AND REQUIREMENTS OF PUBLIC SEWERS.

(1)     Allowable Discharge of Unpolluted Water.  Storm water and all other unpolluted drainage shall be discharged only to such sewers that are specifically designated as acceptable storm sewers that are approved by the Village and other regulatory agencies. 

(2)     Wastewater Discharge.  Discharge units of waste water shall be connected to a Village sanitary sewer - if one is within 200 feet of any of the lot or property lines of that discharge unit; if a sanitary sewer is not available within 200 feet of the lot or property line, the discharge unit shall be connected to an approvable individual sewage treatment system and discharge into a storm sewer or receiving stream with OEPA approval or an approvable individual sewage treatment system.  In such event, the connection shall be watertight from the discharge unit to the sewer.

(3)     Application for Sewer Tap.  Application for sewer taps shall be made to the Utility Clerk at Village Hall.  The capacity fee shall be paid with the submission of the application.  An application shall be submitted a minimum of five working days before service is required.  No person, firm or corporation shall make a sanitary sewer connection or any part thereof to the sanitary sewer system of the Village, unless a permit has been issued by the Village. 

(4)     No new connections or alterations to existing connections shall be made to any of the sewer systems of the Village without prior permission of Village Council or its authorized representative, nor shall the Village allow any new connections unless there is sufficient downstream sewer capacity and sufficient treatment capacity.  All sewer connections, whether new, repaired or replaced, shall be constructed of materials and techniques approvable by the Village in accordance with the Village Construction and Materials Specifications as amended by Village Council.  All new connections shall be six-inch sanitary sewer pipe or larger, if flows require. 

(5)     A saddle clamp or Insert a Tee must be used for a main tap-in where no Y-branch is available. Fernco wyes or tees are prohibited unless special permission is granted by the wastewater superintendent. 

(6)     The building sewer shall be installed by a bonded contractor at the property owner’s expense.  Any street excavation required in order to make a tap shall be done in accordance with Chapter 903 on file in the municipal clerk’s office and on the Village website – www.granville.oh.us.  The cost of laying new sewer lines or of extending existing sewer lines shall be the responsibility of the owner of the property benefitted thereby.  A general plan of the connection shall be approved by the Village Superintendent prior to installation.  The sewer installation shall include proper bedding, backfill, testing and cleanouts as required by the Village.  The sewer shall not be covered or backfilled until it has been inspected and approved by the Village Superintendent. 

(7)     No extension of a sewer main shall be approved for less than the entire frontage of the property benefited and the necessary length from the existing main to that frontage. 

(8)     Plans for subdivisions shall be drawn by a registered engineer.   Said plans shall be reviewed and approved by the Village engineer and Village staff. 

(9)     All sewer mains shall be installed to plans and profile in accordance with the Village Construction and Materials Specifications as approved by the Superintendent based, as necessary, on advice of the consulting engineer and the Ohio Environmental Protection Agency. 

(10)   The Superintendent and consulting engineer shall in all cases specify the size and location of the sewer main to be installed as well as the number of manholes or other appurtenances thereto. 

(11)   The Village Manager, on the advice of Village staff and/or consulting engineer, may designate any street or way as one requiring a trunk main.  Where oversized mains are installed to service both trunk and collection requirements, the installation cost shall be divided between the Municipality and the owners of the abutting property, with the owners paying the cost of constructing a main of sufficient size to serve the area and the Municipality paying the remainder to oversize the main. 

(12)   All sewer mains extended or installed under these rules and regulations shall upon being connected to the sewer main become the sole property of the Municipality and all maintenance, repair costs and charges shall be assumed by the Village. 

            921.04   SANITARY SEWER SYSTEM CAPACITY CHARGES.

            A sanitary sewer system capacity charge shall be made for each new sanitary sewer connection to any property and shall be paid at the time that the application for the connection permit is made for the service.  This charge shall be in addition to any other fees or charges made for sanitary sewer connections and shall be paid to the Village.

            Upon proper proof of hardship, the Village Manager may arrange for a payment schedule for the foregoing capacity charge.         

 

(1)     Rates.  The Village Superintendent is hereby authorized and directed to charge a sanitary sewer system capacity fee whenever an application is made for sanitary sewage collection service from a structure or units whenever such property is or may be serviced by a sanitary sewer connection line connected to a tributary directly or indirectly to any public sanitary sewer built by or under the supervision of the Village.  These charges shall be according to the size of water main tap that supplies water to the structure or units.

(2)     Capacity Charges.

(a)   Sanitary sewer system capacity charges for sanitary sewer service shall be as

        follows:

                        Nominal Water Tap Diameter (Inches)      Capacity Charge

                                                3/4                                        $      1,935

                                                1                                                   3,440

                                                1½                                                7,741

                                                2                                                 13,768

                                                3                                                 30,962

                                                4                                                55,044

                                                6                                              123,848

                                                8                                              220,175

(b)   Where all or a determined portion of a water service tap is installed for fire protection, no normal use of sanitary sewers is anticipated and therefore, no sanitary sewer system capacity charge shall be levied on that portion used solely for fire protection.

(c)   In the event a water service tap is enlarged, the sanitary sewer system capacity charge difference between the two diameter sizes shall be paid to the Village.

(d)   Any sanitary sewer system capacity charge, where the water service tap is larger than those set forth herein, shall be the subject of special action by Village Council prior to issuance of a connection permit.

(e)   All sanitary sewer system service connections and lines shall be approved by the Village Manager.

(f)    Sanitary sewer system capacity charges shall be deposited into the Village’s Sewer Replacement and Improvement Fund. 

            921.05  CONTROLLED AND PROHIBITED WASTES.

(1)   Regulatory Actions.  If wastewater containing any substance described in Section 921.02 is discharged or proposed to be discharged into the sewer system of the Village or to any sewer system tributary thereto, the Superintendent or Village Manager may take any action necessary to:

         (a)   Prohibit the discharge of such wastewater.

         (b)   Require those responsible for the proposed discharge to demonstrate that on site modifications will control, reduce or eliminate the discharge of substances in conformity with this code.  This modification may include control over the quantities and rates of discharge.

(c)   Require private, onsite pretreatment including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations.

(d)   Require the person or corporate entity making, causing or allowing the discharge to pay any additional cost or expense incurred by the Village for handling and treating excess loads imposed on the treatment system.

(e)   Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this code.  All industrial wastes discharged to the public sewers by major contributing industries shall, as a minimum, meet the national pretreatment standards or best practical control technology currently available for incompatible pollutants as published in the latest federal regulations. 

(2)  Special conditions.  No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to possible payment, therefor by the industrial concern for subsequent treatment.  Any industrial concern may appeal to Council and any determination made by the Village Manager as advised by the Village Engineer in the enforcement of this chapter. 

Each person, whose operation entails the discharge of industrial wastes to a public sewer, shall prepare and file with the engineer a written statement setting forth the nature of the operation contemplated or presently carried on, the amount and source of water required for use, the proposed point of discharge of such wastes into the wastewater collection systems of the Village, subject to possible payment therefor by the industrial concern for subsequent treatment, the estimated amount to be so discharged and a fair statement setting forth the expected bacterial, physical, chemical and other known characteristics of such wastes.  Within a reasonable time of receipt of such statement, it shall be the duty of the Village to make an order stating such minimum restrictions as in the judgment of the engineer may be necessary to adequately guard against unlawful uses of the Village's wastewater system.

(3)   Submission of Plans.  Where pretreatment or equalization of wastewater flows is required prior to discharge into any part of the wastewater treatment system, the owner shall submit plans, specifications and other pertinent data or information, regarding the installation of facilities and equipment relating to such pretreatment or flow-control facilities, for review and approval of the Superintendent.  Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority.  Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Superintendent. 

(4)   Grease and oil interceptors.  For grease, oil and inorganic material such as sand, grit, etc., interceptors shall be provided when, in the opinion of the Village, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Section 921.02(b) 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 Village and shall be located as to be readily and easily accessible for cleaning and inspection.  In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal subject to review by the Superintendent.  All effluent records must be available at the Village’s request.  Any removal and hauling of the collected materials not performed by the owner, hauling must be performed by currently licensed waste disposal firms. Upon written notice from the Village, the private sewer interceptors shall be cleaned. 

(5)   Pretreatment Facilities Operations.  If pretreatment of control waste flows are required, such facilities shall be continuously maintained in good working order and operated as affectively and efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules, regulations and all other applicable codes, ordinances and laws. 

(6)   Admission to Property.  Whenever it shall be necessary for the purposes of these rules and regulations, the Superintendent, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:

     (a)    reviewing and/or copying any records required to be kept under the provisions of this chapter,

     (b)   inspecting any monitoring equipment or method, and

     (c)    sampling any discharge of wastewater to the treatment works.  The Superintendent may enter    upon the property at any hour under emergency circumstances. 

(7)    Protection From Accidental Discharge.  Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this code.  Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator cost and expense.  Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review and shall be approved by him before construction of the facility.  The industrial user shall be responsible to modify his facility as necessary to meet the requirements of this chapter. 

(8)    Reporting of Accidental Discharge.  If, for any reason, a facility does not comply with or is unable to comply with any prohibition or limitation in this code, the representatives of the facility responsible for such discharge shall immediately take corrective actions and notify the Superintendent so that the treatment system and receiving waters can be protected.  In addition, a written report addressed to the Superintendent detailing the date, time, cause of the accidental discharge, the quantity, characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within five days of the occurrence of the non-complying discharge. 

            921.06  INDUSTRIAL WASTEWATER

(1)   Discharge Reports.

          (a)     Every significant industrial user shall file a periodic report at such intervals as  designated by the Superintendent.  The Superintendent shall determine whether an industrial use is significant, and may require any other industrial users discharging or proposing to discharge into the treatment system to file such periodic reports.

           (b)     The discharge report shall include, but, at the discretion of the Superintendent shall not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, concentrations of controlled pollutants or other information that relates to the generation of waste.  Such reports may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged.  In addition to discharge reports, the Superintendent may require information in the form of self-monitoring reports.

(2)   Records and Monitoring.

         (a)     All industrial users, who discharge or propose to discharge wastewaters to the wastewater treatment system, shall maintain such records of production and related factors, effluent flows, and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this code and any applicable state or federal pretreatment standards or requirements.

         (b)     Such records shall be made available upon request by the Superintendent.  All such records relating to compliance with pretreatment standards shall be made available to officials of the Ohio Environmental Protection Agency and/or the U.S. Environmental Protection Agency upon demand. A summary of such data indicating the industrial user's compliance with this code shall be prepared as requested and submitted to the Superintendent.

         (c)     The owner or operator of any premises or facility discharging industrial wastes into the system shall install and maintain, at his own cost, suitable control manholes, access points, and monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes.  Such equipment shall be maintained in proper working order and kept safe and accessible at all times.  Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Superintendent. 

         (d)    Wastewater volume determination.  The volume of flow used for computing industrial waste surcharges shall be the metered water consumption of the person except as herein provided in this paragraph.

                  If the person discharging industrial wastes into the public sewers procures any part, or all, of this water from sources other than a metered, public water system, all or part of which is discharged into the public sewer, the person shall install and maintain, at his cost, water meters of a type approved by the Village and the engineer for the purpose of determining the volume of water obtained from those other sources.  Access to these meters shall be made available to representatives of the Village at any reasonable time.  The accuracy of the meters shall be verified at the discharger's expense on a minimum once per year basis or at the request of the Superintendent, by an independent testing company.

                  The person discharging industrial wastes into the public sewers may install and maintain, at his cost, metering devices for determining the volume of waste being discharged to the public sewer from which the industrial waste surcharge would be computed.  The measuring devices shall be of a type acceptable to the Village.

                  The engineer may require the installation of devices for measuring the volume of waste discharged if these volumes cannot otherwise be determined from the metered water consumption records.  Any metering device for determining the volume of waste discharged to the public sewer shall be installed, owned and maintained by the person responsible for its discharge.  Following approval and installation, such meters may not be removed without the consent of the Village.

         (e)     The monitoring equipment shall be located and maintained on the industrial user's premises outside of the building.  When such a location would be impractical or cause undue hardship on the user, the Superintendent may allow such facility to be constructed in the public right of way with the approval of the public agency having jurisdiction over such right-of-way and located so that it will not be obstructed by public utilities, landscaping or parked vehicles.

         (f)     Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Superintendent's requirements and all applicable construction standards and specifications. 

(3)  Inspection, Sampling, Analysis and Surcharge rates.

                     (a)     Compliance determination.  Compliance determinations with respect to Section 921.02, prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater.  Composite samples may be taken over a twenty-four hour period or over a longer or shorter time span, as determined necessary by the Superintendent to meet the needs of specific circumstances. 

                     (b)    Sampling and monitoring.  Industrial wastes discharged into the public sewers shall be subject to periodic inspection with a determination of character and concentration of the wastes.  The determination shall be made as often as may be deemed necessary by the Village, but in no case less than two, twenty-four hour composite samples per month.  The owner shall be responsible for the collection and testing of the aforementioned samples.  Samples shall be collected in such a manner as to be representative of the composition of the wastes.  The sampling shall be accomplished by the use of flow proportionate automatic sampling equipment capable of collecting composite samples.  Access to sampling locations shall be granted to the Village Superintendent or his authorized representative at all times.  Every care shall be exercised in the collection of samples to insure their preservation in a state comparable to that at the time the same was taken.

                     (c)     Analysis of industrial wastewaters.  Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of Standard Methods or the Methods for Chemical Analysis of Water and Waste published by the U.S. Environmental Protection Agency.  Analysis of those pollutants not covered by these publications shall be performed in accordance with procedures established by the State Environmental Protection Agency.  However, alternative methods for certain analyses of industrial wastes may be used subject to mutual agreement between the Village and the person responsible for its discharge.  Determination of the character and concentration of the industrial wastes shall be made by the person responsible for the discharge, or his qualified agent, as approved by the Village  The results of the analyses shall be reported to the Village on a monthly basis on forms provided by the Village.  The Village shall make its own analyses on the wastes and these determinations shall be binding as a basis for charges except under circumstances in the following paragraph.

In case the analyses performed by the industry and the Village result in substantially different values, an effort shall be made by the industry to collect samples at the same time the Village collects its own samples.  The results of the analyses on the samples collected by the Village and the industry shall be compared using the same testing procedures as outlined in the latest edition of Standard Methods and the differences negotiated. 

 (d)    Industrial Waste Surcharge

Industrial waste water into the public sewers as determined by this code shall be subject to surcharges determined monthly on the basis of the following formula:

                                               Pounds of excess parameter per day x $0.253 = Surcharge

The pounds per day of excess parameter shall be determined by the following equation:  mg/l (milligrams per liter) of excess parameter x8.34x millions gallons= pounds CBOD5 equals pounds of biochemical oxygen demand per month in excess of (275) mg/l concentration in the wastewater.  S.S. equals pounds of suspended solids per month in excess of (300) mg/l concentration.  NH3-N equals pounds of ammonia nitrogen per month in excess of (35) mg/l concentration.

In the foregoing formula $0.253 refers to the total expenditures per pound of BOD, suspended solids, and nitrogen ammonia respectively, to collect, convey and treat the wastewater, which shall be determined annually by the Village.  Industrial cost recovery will be established, if an industrial user begins discharging, in accordance with CFR 35.928 or latest revisions thereto, if determined applicable. 

            921.07   SEWER SERVICE CHARGES.

(1)   For the purpose of providing for the cost of the management, maintenance, operation and repair of the sewerage system and sewage pumping, treatment and disposal works, for the enlargement or replacement of the system and works, for the construction, reconstruction of main and interceptor sewers and the payment of interest on any debt incurred for the construction thereof, there is hereby levied and assessed upon each lot or parcel of land in the Village on which a building - commercial, industrial, institutional or residential - is located and connected to the Village sewer system, a sewer service charge as hereinafter provided.  All classes of users shall be levied charges on the same basis as described hereinafter. 

(2)       

(a)                  The rates provided in subsection (b)(1) below shall be effective for wastewater usage during the month of January 2012, which will be reflected in the meter readings that will occur on or about February 1, 2012 and billed on or about March 1, 2012:  the sewer service charge shall be calculated on the volume of waste water discharged directly or indirectly into the sewer system and shall be measured by the water used by each sewer user as shown by water meter readings. The sewer service charge for the Village of Granville shall consist of a user charge for operation, maintenance and replacement (OM&R) of five dollars and ninety-six cents ($5.96) per thousand gallons. If the total sewage (as measured by water meter readings) discharged in any one (1) month period is less than one thousand (1000) gallons, there shall be a minimum charge of five dollars and ninety-six cents ($5.96). Such minimum charge shall be for OM&R in the amount of five dollars and ninety-six cents ($5.96).

(b)      The rates provided in subsection (b)(2) below shall be effective for wastewater usage during the month of November 2012, which will be reflected in the meter readings that will occur on or about December 1, 2012 and billed on or about January 1, 2013: the sewer service charge shall be calculated on the volume of waste water discharged directly or indirectly into the sewer system and shall be measured by the water used by each sewer user as shown by water meter readings. The sewer service charge for the Village of Granville shall consist of a user charge for operation, maintenance and replacement (OM&R) of six dollars and seventeen cents ($6.17) per thousand gallons. If the total sewage (as measured by water meter readings) discharged in any one (1) month period is less than one thousand (1000) gallons, there shall be a minimum charge of six dollars and seventeen cents ($6.17). Such minimum charge shall be for OM&R in the amount of six dollars and seventeen cents ($6.17).

(c)      The sewer service system charge will be audited annually by the Village with the charges being adjusted upwards or downwards in order to assure that the system is and will continue to be self-sufficient and that sufficient revenue is being generated from each user class in the proper proportions.  No free service shall be provided in this service charge system.  Each user will be notified by the Village, at least annually, in conjunction with a regular bill, of the rates for that year and that portion of the service charges, which are attributable to the user charge for operation, maintenance and replacement of the system.  In addition, rates will be reviewed and adjusted accordingly to compensate users of each class for any overages and underages accumulated during the previous rate period.  The sewer service charge herein assessed shall be in addition to the charge made for water used. 

(d)      Where a private supply is used, the sewer service charge may be calculated by requiring the property owner to meter the private water supply, such metering to be at the property owner’s expense and such measurement to be used in the same manner as a public water meter in determining the charge.  The Village may, at its option, in lieu of such metering, apply a sewer service charge of fifty dollars ($50.00) per month to such premises.  Each resident, institution, commercial or industrial establishment shall be subject to a separate sewer service charge even though such establishment may be served by a sewer connection common to other premises.  If it be found by the citizen that the water or waste measured or metered for any customer is greater than that actually being discharged directly or indirectly into the sewage system, the Village may modify and adjust such volume in accordance with the facts and with justice and equity, but no charge less than the minimum shall be made for any customer subject to the sewer service charge.

(e)                  Where a private water supply is used and/or the user desires to meter his water use or sewage flow, the owner shall incur all expenses related to the installation of said meter.  Prior to installation of the meter, the type of equipment installed and its location must be approved by the Village.  Prior to placing said meter into use after installation, the Village shall inspect and approve or disapprove the meter installation.  Any modifications required by the Village shall be made at the user’s expense and prior to the meter’s use.  The meter shall be located in a suitable location that will accommodate readings by Village personnel.  Tampering with the meter by the user to cause inaccurate readings shall make the user subject to the penalty provisions of Section 921.99.       

            921.08 APPLICABILITY OF SEWER RENTAL CHARGE.

            Where a sewer is available, it will be presumed that the waste from the premises either will be discharged directly or indirectly into the sewerage system and the property will be subject to the current sewer rental charges.

            Where premises are not served directly or indirectly by the sewerage system and should be exempt from the sewer rental charge, it will be the responsibility of the property owner or other interested party to notify the Village of the claim for exemption. All lots, lands, buildings or premises owned by the Village and within the Village shall be subject to the sewer rental charge as set forth herein. 

            921.09 LIEN OF SEWER RENTAL.

            The owner of each lot, land or premise connected to the sanitary or combined sewer system in the Village or having such connection available shall, as well as the lessee of such lot, land or premise, be liable to the Village for any charge or rental levied by this chapter. All charges for rentals shall be collected by the Village, which shall make and enforce such bylaws, rules and regulations as may be deemed necessary. 

            921.10 ENFORCEMENT PROCEDURES.

(1)        Notification of Violation. Whenever the Superintendent finds that any person has violated or is violating this code or any prohibition, limitation or requirement contained herein, the Superintendent may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for the satisfactory correction thereof. 

(2)        Legal Action. Any discharge in violation of the substantive provision of this code or an order of the Village shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the Village treatment system contrary to the provisions of this code or any order of the Village, the Village shall commence an action for appropriate legal and/or equitable relief in the appropriate court of this County. 

            921.11 APPEALS.

            Any user of the Village wastewater treatment system has the right to appeal any or all sections of this code as prescribed by the Ohio Revised Code. General user concerns regarding the requirements of this chapter shall be first presented to the Superintendent, then the Village Manager and then Council for action. If the concerns are not satisfied to the user's liking, further appeal procedures can be followed per the Ohio Revised Code. 

            921.99 PENALTY.

            Any person who is found to have violated an order of the Village authority or who willfully or negligently failed to comply with any provision of this chapter and the orders, rules and regulations issued hereunder, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) for each offense, but in no case shall the costs be less than those costs incurred by the Village for reasonable damages or special expenses including equipment rental, chemicals, labor, etc., necessary for the proper operation and maintenance of all wastewater facilities. Each day, in which a violation shall occur or continue, shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village may recover reasonable attorney fees, court costs, court reporter fees and any other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules and regulations issued hereunder. 

Section 3.  This ordinance shall become effective upon the earliest date allowed by the laws of the state of Ohio and the Charter of the Village of Granville.

Passed this 17th day of June, 2015.

 

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