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HomeMy WebLinkAbout2008-1-7389531 AN ORDINANCE RELATING TO THE USE OF PUBLIC SEWERS ORDINANCE NO. 2008-1-7389 WHEREAS, the JSA was formed pursuant to identical ordinances adopted by the legislative bodies of the City of Paducah and McCracken County under the authority of KRS 76.231 (hereinafter the "JSA Forming Ordinance"); and WHEREAS, the JSA Forming Ordinance is codified at Chapter 114, Article II, Section 241-254 of the Code of Ordinances of the City of Paducah; and WHEREAS, on September 5, 2007, JSA entered into a Consent Judgment with the Commonwealth of Kentucky Environmental and Public Protection Cabinet, Civil Action 07 -CI - 1252 in Franklin Circuit Court (hereinafter the "Consent Judgment"). WHEREAS, said Consent Judgment requires the adoption of a Sewer Use Ordinance requiring JSA's sewage system operations to comply with the Federal and State Clean Water Acts; WHEREAS, the City of Paducah presently has a sewer use ordinance contained in Chapter 114, Section 31- 237, which conflicts with the provisions of the JSA Forming Ordinance and does not meet the requirements of the Consent Judgment; and WHEREAS, in an effort to correct said conflicts, the City hereby finds that it should abolish its current sewer use ordinance and adopt the proposed ordinance in its entirety: NOW, THEREFORE, be it ordained by the Board of Commissioners of the City of Paducah, as follows: SECTION 1. The provisions of Chapter 114, Article II, Sections 31 through 237 be, and hereby are, abolished in their entirety. SECTION 2. The following Sewer Use Ordinance is hereby approved and adopted and shall be codified in Chapter 114, Article H: Division 1. Generally. Section 114-31. Purpose. This ordinance sets forth uniform requirements for governing the connection and the contribution of wastewater to JSA facilities through the issuance of permits to both domestic and non- domestic users. This authorizes monitoring and enforcement activities and allows the JSA latitude to administer adequate penalties to users who violate the provisions herein. Section 114.32. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: ACT or "the Act" - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. Agency - The Paducah McCracken Joint Sewer Agency (JSA). Agency Facilities - Any structure, appurtenance, wastewater collection system line, lift station, wastewater treatment equipment or any other part of the wastewater system owned by the Paducah McCracken Joint Sewer Agency. Apportionment of Construction Costs - The amounts on various tracts of land liable for payment of the costs of construction of a sewage collection system and appurtenances to serve a particular 532 described area (Assessment Zone) to be benefited by the collection system. Assessment Lien - A lien superior to all liens except liens for state, county, city, school, and road taxes and liens prior in time for other public improvements shall exist against the respective lots or tracts of land for the costs of the sanitary sewers, appurtenances and property service connections plus interest there on at the rate of six percent (6%) per annum. Authorized Industrial User Representative - A designated representative from an industrial user authorized to act on the industrial user's behalf, as per 40 CFR, Part 403. Average Residential Flow - The average daily design residential flow is 400 gallons per day. Baseline Monitoring Report (BMR) - A report submitted by categorical industrial users as per 40 CFR 403. Biochemical Oxygen Demand (BOD) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° Celsius expressed in terms of weight and concentration in milligrams per liter (mg/1). Building Drain - That part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, water, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. Building Sewer Service Line - A branch sewer that discharges into a main line sewer. Capacity Fee - A fee established as a one-time charge for new wastewater customers as a way to recover part or all of the cost of additional system capacity constructed for their use. It is calculated based on the value of the utility's capacity and the amount or capacity needed by the new customer. Carbonaceous Biochemical Oxygen Demand (CBOD) - With chemical inhibition of nitrification, the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees Celsius expressed in terms of concentration in milligrams per liter (mg/1). Categorical Pretreatment Standards - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. Categorical User - A user subject to categorical pretreatment standards. Collector System= A network of sewer lines, pumping stations and other structures collecting wastewater from building service lines within a specified area and forming a sub -system within the JSA collection system. Combined Sewer - A sewer receiving both wastewater and storm water. Combined Waste Stream Formula (CWF) - Procedure for calculating alternative discharge limits at industrial facilities where a regulated waste stream is combined with other non-regulated waste streams prior to treatment (40 CFR 403.7). i Compatible Pollutant - Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus any additional pollutants identified in the JSA's KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants so as to ensure compliance with the JSA's KPDES permit. Concentration -Based Limit - A limit based on the relative strength of a pollutant in a waste stream, usually expressed in mg/l. Consent Judgment - A court order entered in Franklin Circuit Court, Civil Action No. 07 -CI - 1252 between the Paducah McCracken Joint Sewer Agency and the Commonwealth of Kentucky 2 533 Environmental and Public Protection Cabinet. Control Authority - The Approval Authority or the JSA, when there exists an approved pretreatment program under the provisions of 40 CFR 403.11. Cooling Water - The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Core/Trunk System= Fundamental system components, which include interceptors, regional pumping stations, and treatment facilities. Diluted Waste Stream - Boiler blow down, sanitary wastewater, non -contact cooling water and certain process waste streams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant. Direct Discharge - The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky. Discharge Permit - A permit issued to users that authorizes discharges to the public sewer. Discharger - Any person that discharges or causes a discharge to a public sewer. Domestic Wastewater - The water -carried wastes produced from non-commercial or non- industrial activities and which result from normal human living processes. Easement - An acquired legal right for the specific use of land owned by others. Effluent - The liquid overflow of any facility designed to treat, convey or retain wastewater. Environmental Protection Agency or EPA - The United States 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. ER U (Equivalent Residential Unit) - Determined by the JSA as the daily design flow of 400 gallons per day. Executive Director - The person designated by the JSA to supervise the JSA's wastewater system. Flow Proportional Composite Sample - Combination of individual samples proportional to the flow of the waste stream at the time of sampling. Flow Weighted Averaging Formula (FWA) - A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and unregulated waste streams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403. Garbage - The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods in home kitchens, stores, markets, restaurants, motels, hotels and other places where food is stored, prepared or served. Specifically excluded are food processing wastes from canneries, slaughter houses, packing plants, and similar industries. Grab Sample - A sample, which is taken from a waste stream on a one-time basis with no regard —' to the flow in the waste stream and without consideration of time. Indirect Discharge - The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). Industrial Discharge Permit - A permit issued to Significant Industrial Users. Industrial User - A user who is owner of record, the lessee, sub lessee, licensee, permitee, or other persons in possession of real property used as a manufacturing or processing establishment 534 or a commercial or industrial operation, which contributes wastewater to the JSA treatment facilities. Industrial Wastes - The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes. Interceptor - A device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal waste, which permits normal sewage or liquid wastes to discharge into the sewer or drainage system by gravity. Interceptor as defined herein is commonly referred to as a grease, oil, or sand trap. Interference - A discharge which alone or in conjunction with a discharge or discharges from other sources: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes for use or disposal; and/or (2) Is a cause of a violation of any requirement of the POTW's KPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title H, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Kentucky Pollutant Discharge Elimination System (KPDES) Permit - A permit issued by the Commonwealth of Kentucky under the authority of Section 402 of the Act (33 U.S.C. 1332). Main Line Sewer - A sewer main that connects manholes or structures and serves one or more building sewers. May - This is permissive (see "shall"). Medical Waste - Isolation wastes, infectious agents, human blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. Natural Outlet - Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater. New Source - Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a) The building, structure, facility or installation is constructed at a site at which no other source is located; or b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. C! 535 Ninety (90) Day Compliance Report - A report submitted by a categorical industrial user, within 90 days following the date for final compliance with applicable categorical pretreatment standards that documents and certifies the compliance status of the user (40 CFR 403.12(d)). Nuisance - A use of property which results in annoyance or interference with the use and enjoyment of another's property, if the use would substantially annoy or interfere with the use and enjoyment of property by a person of ordinary health and normal sensitivities. Ordinance - This ordinance, unless otherwise specified. Parameter - A component or property of wastewater which places an identifiable demand on the C, wastewater system. Pass Through - A discharge of pollutant, which cannot be treated adequately by the POTW and therefore exits into waters of the United States in quantities or concentrations, which alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the JSA's KPDES permit (including an increase in the magnitude or duration of a violation) (40 CFR 403.3). Person - Any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. pH - The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Pollution - The man-made or man -induced alteration of the chemical, physical, biological, and radiological integrity of water. Pollutant - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water, including medical wastes, chemical �- wastes, biological materials, radioactive materials, heat, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, CBOD, COD, toxicity, or odor). Pretreatment Coordinator - A representative of the JSA who works with the industrial users to coordinate and implement the Industrial Pretreatment Program. Process Wastewater - Any water that, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product, or waste product. Prohibitive Discharge Standard - Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403(5). Properly Shredded Garbage - 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 % inch in any dimension. Publicly Owned Treatment Works (POTTY - Used as a reference to any JSA treatment facility. Public Sewer - Any sewer dedicated to public use and whose use is controlled by the JSA. Sanitary Sewer - A sewer that carries domestic and/or industrial wastewater and to which storm water, surface water and ground water are not intentionally admitted. Sanitary Sewer Permit - As set forth in "Building Sewers and Connections" (Article IV). Sewer - A pipe or conduit that carries wastewater or drainage water. Sewer Lateral - The section of a pipe that connects a property owner's building sewer to the POTW's main sewer line. 5 536 Shall - Is mandatory (see "may"). Significant Industrial User (SIU) -Defined by EPA guidance as: (A) all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and (B) any non -categorical industrial user that (i) discharges 25,000 gallons per day or more of process wastewater ("process wastewater" excludes sanitary non -contact cooling, and boiler blow down wastewaters) or (ii) contributes a process waste stream which makes up to five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant or (iii) has a reasonable potential, in the opinion of the Control or Approval Authority, to adversely affect the pollutants, sludge contamination or endangerment of POTW workers. Slug Discharge or Load - Any pollutant (including Biochemical Oxygen Demand, Fats, Oils, Grease and Suspended Solids) released in a discharge at a flow rate or concentration which will cause interference or damage to the operation of JSA facilities. Split Sample - Portion of a collected sample given to the industry or to another agency to verify or compare laboratory results. Standard Industrial Classification (SIC) - A classification scheme based on the type of industry or process at a facility. Standard Methods - The examination and analytical procedures set forth in the recent editions of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation as specified at 40 CFR 136. State - Commonwealth of Kentucky. Storm Drain (Sometimes Termed "Storm Sewer') - A pipe conduit for conveying storm or surface water but excludes any domestic or industrial wastewater. Storm Water - Water that enters inlets or drains connected to storm or combined sewers following wet weather events. Surcharge - A charge for services in addition to the basic sewer usage for those users whose contributions contain Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), Oil & Grease or Ammonia -nitrogen (NH3-N) in concentrations which exceed limits specified herein for such pollutants. Where authorized by the Control Authority, payment of a surcharge will authorize the discharge of the referenced pollutants so long as the discharge does not cause pass through or interference. Total Suspended Solids (TSS) - 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 in accordance with procedures described in "Standard Methods" Tap -On Fee - A connection fee charged to recover the costs of providing core facilities and appurtenances. Time Proportional Composite Sample - Combination of individual samples with fixed volumes taken at specific time intervals. Toxic Pollutant - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provisions of the Clean Water Act 307(a) or any amendments thereto. Unregulated Waste Stream - A wastewater that is not regulated by national categorical pretreatment standards. User - An owner or occupant, whether private, governmental or otherwise of a unit, building, premises or lot in the JSA service area who is responsible for payment of metered water charges or who contributes to the waste stream from sources other than those of public water. G Usage Fees - Charges for service will commence upon issuance of a Sanitary Connection Permit. Waste Hauler Permit - A permit issued to septic tank collectors authorizing the disposal of septic tank or similar non -industrial waste pursuant to the provisions set forth herein. Wastewater - The spent water of a community. Sanitary or domestic wastes shall mean the liquid and water -carried wastes from residences, commercial buildings and institutions as distinct from industrial wastes. Wastewater Facilities - The structures, equipment, and processes required to collect, carry away, treat domestic and industrial wastes, and dispose of the effluent. Wastewater Treatment Plant - An arrangement of devices and structures for treating wastewater. Watercourse - Channel for the passage of water, either continuously or intermittently. Section 114-33. Abbreviations. The following abbreviations shall have the designated meanings. ADMI - American Dye Manufacturers Institute ASTM - American Society for Testing and Materials BMP - Best Management Practices BOD - Biochemical Oxygen Demand BPJ - Best Professional Judgment CFR - Code of Federal Regulations CIU - Categorical Industrial User CBOD - Carbonaceous Biochemical Oxygen Demand COD - Chemical Oxygen Demand CWA - Clean Water Act (33 U.S.C. 1251 et. seq.) or any amendments thereto CWF - Combined Waste Stream Formula EPA - United States Environmental Protection Agency FWA - Flow Weighted Average FR - Federal Re ig ster gpd - gallons per day IU - Industrial User L - Liter mg - Milligrams mg/l - Milligrams per liter KDOW - Kentucky Division of Water KPDES - Kentucky Pollutant Discharge Elimination System NOV - Notice of Violation NPDES - National Pollutant Discharge Elimination System POTW - Publicly Owned Treatment Works RCRA - Resource Conservation and Recovery Act SIC - Standard Industrial Classification SNC - Significant Noncompliance SIU - Significant Industrial User SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. or any amendments thereto TSS - Total Suspended Solids TTO - Total Toxic Organics USC - United States Code Sections 114-33---114-50 Reserved. Division 2. Use of Public Sewers. Section 114-51. Mandatory Sewer Connection. 1. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the boundaries of the JSA and abutting on any street, alley, or right-of-way in which there is located a public sewer of the JSA, is hereby required, at the owner's expense, to install suitable sanitary facilities therein, and to connect 7 537 L-, _- wu.......... W ,..... ......yt�y .. .. ., .,.-. .y..:l A. -L-- --" i 538 such facilities directly with the proper sewer in accordance with the provisions of this ordinance. 2. It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater where public sewer service is available, as defined in paragraph 1, except as provided for in "Private Wastewater Disposal" (Article III). At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public system within twelve (12) months in compliance with this ordinance. JSA shall provide notice of the availability of public sewers by advertisement in the Paducah Sun. Said notice shall be published one (1) time only and within thirty (30) days after completion of the sewer project making public sewers available. The City and County building offices shall not issue a permit for new construction unless the landowner has complied with this provision. Section 114-52. Mandatory Sewer Disconnection. 1. Wastewater service lines serving structures that have been demolished or otherwise destroyed shall be disconnected at or near the right-of-way or easement line and sealed as approved by a representative of the JSA to prevent water, debris, etc. from entering the system. Section 114-53. Unlawful Discharge to Storm Sewers or Natural Outlets. It shall be unlawful for any person to place, deposit, or permit to be deposited, any sanitary wastewater in any unsanitary manner on public or private property within the boundaries of the JSA. 2. It shall be unlawful to discharge to any natural outlet or storm sewer within the boundaries of the JSA, any sanitary wastewater or other polluted waters, except where suitable treatment or management has been provided in accordance with subsequent provisions of this ordinance. No provision of this ordinance shall be construed to relieve the owner of a discharge to any natural outlet of the responsibility for complying with applicable State and Federal Regulations governing such discharge. Section 114-54. Compliance with Local, State, and Federal Laws. The discharge of any wastewater into the public sewer system by any person(s) is unlawful, except in compliance with the provisions of this ordinance, and any more stringent State or Federal Standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972, the Clean Water Act of 1977, and subsequent amendments, and 40 CFR 403. Section 114-55. Discharge of Unpolluted Waters into Sewer. No person(s) shall discharge or cause to be discharged, through any leak, defect, or connection any unpolluted waters such as storm water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer, building sewer, building drain or building plumbing. The JSA shall have the right, at any time, to inspect the inside or outside of buildings or smoke test for connections, leaks, or defects to building sewers and require disconnection or repair of any pipes carrying such water to the building sewer. No sanitary drain sump or sump pump discharge by manual switchover of discharge connection shall have a dual use for removal of such water. 2. The owners of any building sewers having such connections, leaks, or defects shall bear all costs to remove of such sources. Section 114-56. Prohibited Discharges. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to Categorical Pretreatment Standards or any other Federal, State, or Local pretreatment standards or (�D requirements. 539 User shall not contribute the following substances to the POTW: 1. Any effluent having a temperature higher than 104° F (40° Q. 2. Any petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. 3. 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 CII POTW. At no time shall the wastewater exhibit a closed cup flashpoint of less than 60°C (140°F), or pollutants that cause in excess of ten percent (10%) of the lower explosive limit (LEL), at any point within the POTW using test methods specified in 40 CFR 261.21. 4. Any garbage which has not been properly shredded. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities (i.e., wood, glass, ashes, sand, cinders, unshredded garbage, paper products such as cups, dishes, napkins, milk containers, etc.). 6. Any waters or wastes having a pH lower than 6 units or higher than 9 units or having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the POTW. 7. Any wastes or waters having an objectionable color that is not removable in the existing sewage treatment plant process. 8. Any waters or wastes containing a toxic or poisonous substance or any other material ' in sufficient quantity to injure or interfere with any sewage treatment process or constitute a hazard to humans or animals or create any hazard in the receiving stream at the POTW treatment plant. 9. Any noxious or malodorous gas or substance capable of creating a public nuisance. 10. Any substance which would cause the treatment plant to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or other regulations or criteria for sludge management and disposal as required by the State. 11. Any waters or wastes containing acid, iron pickling wastes or concentrated plating solutions, whether neutralized or not. 12. Any waters or wastes containing phenols or other taste or odor -producing substances in such concentrations as to exceed limits which may be established by the POTW as necessary, after treatment of the composite sewage, to meet the requirements of the State or Federal government or their agencies or any entity with jurisdiction for such discharge to the receiving waters. ( 13. Any slug load, including oxygen demanding pollutants (BOD, COD, etc.), released at a flow rate and/or concentration that will cause interference with the normal operation of the POTW. 14. Any radioactive wastes. 15. Any trucked or hauled pollutants except at discharge points designated by the JSA. 16. Any pollutant(s) which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. E 540 17. Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used. 18. Any waste or wastewater classified as a hazardous waste by the Resource Conservation and Recovery Act (RCRA) without, at least, a 60 -day prior notification of such to the Executive Director or his/her designee. This notification must include the name of the waste, EPA hazardous waster number, type of discharge, volume/mass of discharge and time of occurrence. The Executive Director or his/her designee may deny or condition this discharge at any time. 19. Any waste or wastewater containing floating fat, oils, or grease of animal or vegetable origin in amounts that will cause interference or pass through. 20. Any wastewater or waste containing substances which may solidify or become viscous at temperatures between 32° F (0° C) and 140° F (40° C). Sections 114-57-70 Reserved. Division 3. Private Wastewater Disposal. Section 114-71. Hauled Waste Permit. Any person who transports septic tank, seepage pit or cesspool contents, or other batch liquid waste and wishes to discharge such waste to the public sewer system shall first have a valid Waste Hauler Permit. All applicants for a Waste Hauler Permit shall complete the application form, pay the appropriate fee, and receive a copy of the JSA's regulations governing discharge to sewers of liquid wastes from trucks. All persons receiving a Waste Hauler Permit shall agree, in writing, to abide by all applicable provisions of this ordinance, and any other special provisions that may be established by the JSA as necessary for the proper operation and maintenance of the sewer system. All hauled waste must be discharged at the Paducah Treatment Plant unless prior, written approval is granted by the Executive Director. Section 114-72. Manifest. Any person holding a valid Waste Hauler Permit and wishing to discharge to the POTW treatment plant must submit a waste hauler manifest that identifies the type of waste and location where generated along with a signature of the generator. In addition, upon the request of the JSA, any person holding a valid Waste Hauler Permit and wishing to discharge to the POTW treatment plant must submit to the JSA a sample of each load prior to discharge. Section 114-73. Restricted Discharges. (a) It shall be illegal to discharge any batch liquid waste into any manhole or other part of the sewer system, or any building sewer or other facility that discharges to the sewer system. (b) Any waste hauler illegally discharging to the sewer system or discharging wastewater not authorized in the Waste Hauler Permit shall be subject to immediate revocation of discharge privileges. Section 114-74. Fees for Hauled Waste. Waste haulers shall pay fees for such discharge in accordance with a fee schedule established by the JSA, which may be amended from time to time by the JSA. Section 114-75. Compliance with all other laws. Nothing in this ordinance shall relieve waste haulers of the responsibility for compliance with 10 McCracken County Health Department, State, or Federal Regulations. Section 114-76. Approval of Non -Commercial Domestic Waste. Non-commercial domestic waste (i.e. RV's, motor homes, etc.) shall be approved by the JSA on a case-by-case basis. Sections 114-76-114-100 Reserved. Division 4. Building Sewers and Connections. Section 114-101. Permits Requests. There shall be two (2) classes of Sanitary Sewer Permits: (a) for service to residential establishments and (b) for service to commercial and industrial establishments. The person(s) requesting permits shall be required to furnish information about all waste producing activities and wastewater characteristics. The permit request shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Executive Director or his/her designee. Sanitary Sewer Collection Fees shall be paid to the JSA at the time the permit is issued. Section 114-102. Changes in Volume or Character of Wastewater. Users shall promptly notify the JSA in advance of any introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW. The Executive Director or his/her designee may deny or condition the new introduction or change in discharge based on the information submitted in the notification or additional information as may be requested. Section 114-103. Use of Sewer or Appurtenance without Permit Prohibited. No person(s) shall uncover, plug or make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without a Sanitary Sewer Permit. Section 114-104. Capping and Sealing of Property Service Connections. JSA shall issue a disconnect permit for the demolition of a building only after the applicant signs a statement certifying that each sewer service connection to the property has been or shall be capped or plugged with a water seal at the easement or street right-of-way line prior to the completion of the demolition project. Section 114-105. Prohibited Connections. (a) No person shall make connections of roof downspouts, basement wall seepage or floor seepage, exterior foundation drains, areaway drains, yard drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a sanitary sewer. Any such connections which already exist on the effective date of this ordinance shall be completely and permanently disconnected within sixty (60) days of the effective date of this ordinance. The owner(s) of any building sewers having such connections, leaks or defects shall bear all costs incidental to removal of such sources. Pipes, sumps, and pumps for such sources of ground and surface water shall be separate from wastewater facilities. Removal of such sources of water without presence of ( separate facilities shall be evidence of drainage to the public sanitary sewer system. (b) No person shall install or cause to be installed, any sewer service connection, building sewer or make any service connection to any public sewer without a plumbing permit secured from the State Plumbing Program Director, Kentucky Department for Natural Resources and Environmental Protection and the construction shall conform to the requirements of the Kentucky State Plumbing Law and Code, Rules and Regulations. The construction shall also conform to this ordinance. Section 114-106. Easement Restrictions. 11 541 542 No party shall place permanent building structures on JSA easements. Any non -permanent building structure (i.e. fences, portable storage buildings, etc.) or vegetation (i.e. trees, shrubs, flower beds, etc.) placed on JSA easements are placed on said easement at the risk of the property owner. Any damage to such structures or vegetation due to sewer failure, sewer repair work, or other sewer related problems are not the responsibility of the JSA. Replacement costs are the responsibility of the property owner. Section 114-107. Design and Installation. (a) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. In such case, the sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the JSA does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (b) Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the JSA, to meet all requirements of this ordinance. If additional sewer customers are added to the old building sewers, additional sewer tap fees and capacity fees shall be charged accordingly even though no new sewer tap is actually made into the JSA system. At no time shall a refund be payable as a result of a decrease in ERU's. (c) The building sewer shall be cast iron soil pipe, ASTM A-74, latest revision, PVC (polyvinyl- chloride) sewer pipe, ASTM D-3034, latest revision, or ductile iron pipe, AWWA specification C-151 cement lined, and shall meet requirements of State plumbing code. Joints shall be as set out hereinafter. Any part of the building sewer that is located within five feet of a water service pipe shall be constructed with cast iron soil pipe or ductile iron pipe, unless the building sewer is at least one foot deeper in the ground than the water service line. Cast iron soil pipe or ductile iron pipe may be required by the JSA where the building sewer is exposed to damage or stoppage by tree roots. Cast iron soil pipe or ductile iron pipe shall be used in filled or unstable ground, in areas where the cover over the building sewer is less than three feet, or in areas where the sewer is subject to vehicular or other external loads. (d) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and back filling the trench, shall all conform to the requirements of the Local and State building and plumbing codes, the JSA's standard specifications and other applicable rules and regulations of the JSA. (e) All costs and expenses incidental to the installation and connection to the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the JSA for any loss or damage to JSA facilities that may directly or indirectly be occasioned by the installation of the building sewer. Repair costs shall be as established by the JSA. (f) The owner shall ensure that all excavations for building sewer installation are 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 JSA and all owners of such public property. (g) In a building where the sewer main crown is less than 3.5 feet below the basement floor, wastewater shall be lifted by means of a sewage pump. (h) A neat workmanlike connection, not extending past the inner surface of the public sewer shall be made. A wye and six (6) inch clean-out fitting shall be installed at the property line between the public sewer and the building sewer. (i) All building sewer lines will be installed so as to meet or exceed the most current revision of the State Plumbing Code. (j) The owner of the premises served by a sewer shall be responsible for all maintenance, operation, cleaning of the building sewer from the building to the point of connection with the public main line sewer. Repairs and reconstruction of the building sewer from 12 the building to a public roadway shall be the responsibility of the owner. If the building sewer is damaged under publicly owned improved surfaces, the JSA will be responsible for repair. Section 114-108. Inspection. (a) All holders of a Sanitary Sewer Permit shall notify the JSA when the activity described is completed. The construction shall be inspected by JSA personnel prior to placing backfill material. The connection shall be made gastight and watertight and verified by proper testing. ' (b) All building sewers shall be smoke tested, at JSA discretion, through the wye branch at the public sewer connection, with public sewer tightly plugged off, after connections at both ends are made and after all pipe is properly bedded and backfilled at least to the top of the pipe and if backfill is completed, within two weeks after completion of backfill. At time of testing, any openings into the building drain inside the building shall be water trapped or plugged. Any leakage of smoke from building sewer or building drain and plumbing shall be located at test and repaired to stand repetition of smoke test without leakage. When smoke testing is completed, the temporary flow line plug shall be removed and a permanent watertight plug shall be placed in branch of test wye-branch and carefully backfilled by hand and tamped to at least six inches above the top of the branch. This test would be in addition to any testing performed by the applicable plumbing inspector. Section 114-109. Grease, Oil, and Sand Interceptors, Restaurants and Other Commercial Users. (a) All restaurants, food service establishments and other commercial oil and grease generators shall provide grease and/or oil interceptor when, in the opinion of the Executive Director or his/her designee, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptor shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the JSA and shall be located as to be readily and easily accessible for cleaning and inspection. Interceptors shall �- be cleaned and maintained at regular intervals to ensure proper operation. 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 signed by the owner and the wastehauler with the dates and means of disposal in accordance with pumping schedules established by the JSA Pretreatment Coordinator. (b) New restaurant construction and major renovations containing plumbing revisions shall submit a detailed drawing of the grease interceptor and complete a grease interceptor application/questionnaire. Said application shall be available from JSA upon request. (c) The City and County building inspection offices shall not issue a permit unless the restaurant/land owner has complied with this provision. Section 114-110. Destruction of Public Owned Treatment Works (POTW). No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the POTW. Section 114-111. Plumbing Permit Required and Connection of Drains. (a) No person shall or cause to be installed, any sewer service connection, building sewer or make any service connection to any public sewer within the JSA district without a JSA permit and a plumbing i( permit secured from the State Plumbing Program Director, Kentucky Department for Natural - Resources and Environmental Protection. The construction shall conform to the requirements of the Kentucky State Plumbing Law and Code, Rules and Regulations as well as the requirements specified herein. (b) No person or public corporation shall make direct connection of roof downspouts, exterior or interior foundation drains, area drains, yard drains, or other sources of surface runoff or groundwater directly to a sanitary sewer. Sections 114-112---114-130 Reserved. 13 543 544 Division 5. Discharge Limits. Section 114-131. General Conditions. The following described substances, materials, waters or wastes shall be limited in discharges to the JSA sewer system to concentration or quantities which: will not harm either the sewers, wastewater treatment process or equipment; will maintain and protect water quality in the receiving stream; and will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Executive Director or his/her designee may set additional limitations or limitations more stringent than those established in the provisions below if in his/her opinion more severe limitations are necessary to meet the above objectives. In forming his/her opinion as to the acceptability of a discharge, the Executive Director or his/her designee shall give consideration to ) such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, and other pertinent factors. This restriction shall include: Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, motels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers; 2. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants which: injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, causes the JSA to violate the terms of its KPDES permit, prevents the use of acceptable sludge disposal methods, or exceed a limitation set forth in a categorical pretreatment standard; 3. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the JSA in compliance with applicable State or Federal regulations; 4. Any water or wastes which by interaction with other water or wastes in the public sewer system, release noxious gases, form suspended solids that interfere with the collection system, or create a condition deleterious to structures and treatment processes; 5. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed to the extent required by the JSA's KPDES permit; 6. Wastes or waters classified as a hazardous waste by the Resource Conservation and Recovery Act (RCRA) without a minimum 60 -day prior written notification of such discharge to the Executive Director. Such written notification must include the name of the hazardous waste, the EPA hazardous waste number, type of discharge, volume/mass of discharge and time of occurrence(s). The Executive Director or his/her designee may prohibit or condition the discharge at any time; 7. Wastewater identified as causing, along or in conjunction with other sources, the POTW treatment plant effluent to fail a toxicity test; 8. Any portion of human or animal anatomy; 9. Any wastes containing detergents, surface active agents, or other substances which j will cause excessive foaming in the JSA's sewer system; 10. Any water or wastes which have characteristics based on a 24 hour composite sample, grab or a shorter period composite sample, if more representative, that exceed the following normal maximum domestic wastewater parameter concentrations: Parameter :W 14 Maximum Allowable Concentration Without Surchar,-es 300 ppm TSS NH3-N Oil & Grease (total) 545 350 ppm 25 ppm 100 ppm Any person discharging wastewater exceeding the maximum allowable concentration as noted above, will be subject to a surcharge fee for each pound of loading over and above the set limit. Any other amenable constituents requiring the addition of specific chemicals for proper treatment will also be subject to surcharge as noted on the Discharge Permit. Exceeding the effluent limits specified above shall not be deemed to constitute a violation of a permit condition or this ordinance if the appropriate surcharge fee is paid and the discharge does not cause interference or pass through of the POTW; and 11. The following limitations are established for characteristics of any wastewaters to be discharged into the JSA's sewer system. All Significant Industrial Users must comply with these limitations where they are more stringent than applicable State and/or Federal regulations. Parameter Maximum Daily Concentration Arsenic 0.30 ppm Cadmium 0.08 ppm Chloride 10,000 ppm Chromium 0.70 ppm Copper 1.30 ppm Cyanide 0.03 ppm Lead 0.23 ppm Mercury 0.02 ppm Nickel 1.90 ppm pH 6 - 9 units Silver 0.80 ppm y Zinc 1.70 ppm Section 114-132. Enforcement of Federal and State Requirements. The JSA has received authority through the U.S. EPA and State Statutes to enforce the requirements of 40 CFR Subchapter N, 40 CFR 403, and 40 CFR Part 35. Accordingly, in addition to the requirements set forth above, all users shall comply with the requirements of those regulations. Section 114-133. Dilution of Wastewater Discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the categorical pretreatment standards, or in any pollutant specific limitation developed by the JSA or the State. Section 114-134. Protection from Accidental and Slug Discharges. (a) Each Significant Industrial User shall provide protection from accidental and/or slug discharges of prohibited materials or other substances regulated by this ordinance. Facilities to prevent accidental and/or slug discharges of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. At any time, the JSA may require each industrial user to develop or update a plan to control slug discharges. If the JSA determines that a slug control plan or revision is necessary, the plan shall contain the following: a. Description of discharge practices b. Description of stored chemicals c. Procedures for notifying the POTW d. Prevention procedures for spills (b) In the case of all actual accidental and/or slug discharges, the user shall immediately 15 546 telephone to notify the JSA of the incident. In any event, said telephone notification shall be followed by a written confirmation no later than two (2) hours after the accidental and/or slug discharge. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. (c) Within five (5) days following an accidental and/or slug discharge, the user shall submit to the Executive Director or his/her designee 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 applicable under this ordinance or other applicable law. (d) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer from such a dangerous discharge are advised of the emergency notification procedure. Section 114-135. 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 ordinance. Section 114-136. JSA's Right of Revision. The JSA reserves the right to establish more stringent limitations, or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this ordinance. Section 114-137. Categorical Pretreatment Standards. Upon the promulgation of categorical pretreatment standards for a particular industrial subcategory, the standard, if more stringent than limitations imposed under this ordinance for sources in that subcategory, shall immediately and automatically supersede the limitations imposed under this ordinance. Sections 114-38-114-160 Reserved. Division 6. Retreatment Program Administration. Section 114-161. Wastewater Discharges. It shall be unlawful to discharge to the POTW any wastewater except as authorized by the JSA in accordance with the provisions of this ordinance. Any person outside the jurisdiction of the JSA that desires to contribute wastewater to the POTW must execute (through an authorized representative) an agreement, whereby the person agrees to be regulated by all provisions of this ordinance and State and Federal regulations. A Discharge Permit may then be issued by the JSA in accordance with Section B of this article. Section 114-162. Discharge Permits. (a) All industrial users proposing to connect to or contribute to the POTW or who are now contributing other than ordinary sewage or waste into the POTW shall obtain a Discharge Permit before connecting to or contributing to the POTW. (b) Users required to obtain a Discharge Permit shall complete and file with the JSA, an application in the form prescribed by the JSA, accompanied by a permit fee. New users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. Existing permit holders shall apply no later than sixty (60) days prior to expiration of the permit. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, and discharge location if different from the address; 16 547 2. SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended; 3. Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the JSA; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; 4. Time and duration of contribution; 5. Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; 6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; 7. Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged; 8. Where known, the nature and concentration of any pollutants in the discharge which are limited by the JSA, State or categorical pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable categorical pretreatment standards; 9. If additional pretreatment will be required to meet the categorical pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standards; The following conditions shall apply to this schedule: i. The schedule must be acceptable to the JSA; ii. 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 categorical pretreatment standards; and iii. 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 Executive Director or his/her designee including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress and the reason for delay, and the steps being taken by the user to return the construction to the schedule established. 10. Each product produced by type, amount, process, or processes, and the rate of production; 11. Type and amount of raw materials processed (average and maximum per day); 12. Number of employees, hours of operation of plant and proposed or actual hours of (� I I operation of pretreatment system; 13. Any other information as may be deemed by the JSA to be necessary to evaluate the permit application; 14. A copy of the industry's written environmental control program, comparable document, or policy. (c) The JSA shall evaluate the application and may require additional information prior to the issuance of the Industrial Discharge Permit. After evaluation and acceptance of the 17 AN .6.'w.w.....n .wll1 Rw...m..'rL 4� uw¢uk x xx»ra:wwra' .„.......—......�.�.n,,. �...._J�....I.... .....,."�r ...w�...4.....—....s .. ..„"..4....,.,.,.. ,...-....,-..:. _. ,..L. .........:... application, the JSA may issue an Industrial Discharge Permit or a General Discharge Permit subject to the terms and conditions provided herein. If the application is rejected, the person will be notified of the rejection and the reason(s) therefore. Section 114-163. Permit Modifications. Within nine (9) months of the promulgation of a categorical pretreatment standard, the Discharge Permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to the categorical pretreatment standards, has not previously submitted an application for a Discharge Permit as required, the user shall apply for a Discharge Permit within ninety (90) days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing Discharge Permit shall submit, to the Executive Director or his/her designee within ninety (90) days after the promulgation of an applicable categorical pretreatment standard, the information required by this ordinance. Section 114-164. Permit Conditions. Discharge Permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the JSA. Discharge Permits may contain the following: The unit surcharges or schedule of other charges and fees for the wastewater to be discharged to a public sewer; 2. Limits on the average and/or maximum wastewater constituents and characteristics; Limits on average and/or maximum rate and time of discharge or requirements for flow regulations and equalization; 4. Requirements for installation and maintenance of inspection and sampling facilities; Specifications for monitoring programs which may include sampling locations; frequency of sampling; number, types and standards for tests; and reporting schedules; 6. Compliance schedules; 7. Requirements for submission of technical reports or discharge reports; 8. Requirements for maintaining and retaining, for a minimum of three (3) years, all records relating to pretreatment and/or wastewater discharge as specified by the JSA, and affording the JSA access thereto as required by 40 CFR 403.12(0)(2); 9. Requirements for notification of the JSA 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; 10. Requirements for notification of slug discharges; 11. A requirement that the user reimburse the JSA for all expenses related to monitoring, sampling and testing performed at the direction of the Executive Director or his/her designee and deemed necessary by the JSA to verify that the user is in compliance with the said permit; or 12. Other conditions as deemed appropriate by the JSA to ensure compliance with this ordinance. Section 114-165. Alternative Discharge Limits. (a) Where an effluent from a categorical industrial process is mixed prior to treatment with wastewater other than that generated by the regulated process, the Executive Director or 19 549 his/her designee may derive fixed alternative discharge limits for the Discharge Permit. These alternative limits shall be applied to the mixed effluent and shall be calculated using the combined waste stream formula and/or flow -weighted average formula as defined in Article I. (b) Where the effluent limits in a categorical pretreatment standard are expressed only in terms of mass of pollutants per unit of production (production -based standard), the Executive Director or his/her designee may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or of effluent concentration for purposes of calculating effluent permit limitations applicable to the permittee. The permittee shall be subject to all permit limits calculated in this manner under 40 CFR 403.60 and must fully comply with these alternative limits. (c) All Significant Industrial Users subject to production -based standards must report production rates annually so that alternative permit limits can be calculated if necessary. The Significant Industrial User must notify the Executive Director or his/her designee thirty (30) days in advance of any major change in production levels that will affect the limits in the Discharge Permit. Section 114-166. Permit Duration. Discharge Permits shall be issued for a specified time period, not to exceed three (3) years. A Discharge Permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit re -issuance a minimum of one hundred twenty (120) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the JSA during the term of the permit as limitations or requirements as identified in Article V are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least thirty (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. Section 114-167. Permit Transfer. Discharge Permits are issued to a specific user for a specific operation. A 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 a thirty (30) day prior notification to the Executive Director or his/her designee. A copy of the existing permit must be provided to the new owner. The Executive Director or his/her designee may deny the transfer of the permit if it is deemed necessary. Section 114-168. Compliance Data Reporting. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new user, following commencement of the introduction of wastewater into the POTW, any user subject to categorical pretreatment standards shall submit to the Executive Director or his/her designee, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards and the average and maximum daily flow for these process units in the user's facility which are limited by such categorical pretreatment standards. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional pretreatment and time schedule is necessary to bring the user into compliance with the applicable categorical pretreatment standards. This statement shall be signed by an authorized representative of the user. Section 114-169. Periodic Compliance Reports. (a) All Significant Industrial Users shall submit, to the Executive Director or his/her designee, on dates specified in the discharge permit (unless required more frequently), a report indicating, at a minimum, the nature and concentration of pollutants in the effluent which are limited by categorical pretreatment standards or the Discharge Permit. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the Executive Director or his/her designee and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Executive Director or his/her designee may agree to alter the months during which the above reports are to be submitted. 19 550 (b) All analyses shall be performed by a laboratory acceptable to the JSA. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto and 40 CFR 261 or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator. (c) Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA �. Administrator. (d) A Baseline Monitoring Report (BMR) must be submitted to the Executive Director or his/her designee by all Significant Industrial Users at least ninety (90) days prior to initiation of discharge to the sanitary sewer. The BMR must contain, at a minimum, the following: a. Production Data: process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system; b. Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility; C. Wastewater characteristics: total plant flow, types of discharges, average and maximum flows from each process; d. Nature/Concentration of pollutants: analytical results for all pollutants regulated by this ordinance and/or any applicable categorical pretreatment standards and sample type and location. All analyses must conform with 40 CFR, Part 136 and amendments thereto; and e. Information concerning any pretreatment equipment used to treat the facility's discharge. (e) New sources shall give estimates of the information requested in sections 4(c) and 4(d) above, but at no time shall a new source commence discharge(s) to the public sewer of substances that do not meet provisions of this ordinance. All new sources must be in compliance with all provisions of this ordinance, and State and categorical pretreatment standards prior to commencement of discharge to the public sewer. Section 114-170. Permit Violations. (a) All Significant Industrial Users must notify the Executive Director or his/her designee within 24 hours of first becoming aware of a permit violation. This notification shall include the date of violation, the parameter violated and the amount by which the parameter was exceeded. (b) The user shall immediately repeat the sampling and analysis of the parameter(s) in question and submit the results to the Executive Director or his/her designee within thirty (30) days ) after becoming aware of the violation. Exception to this regulation applies only if the JSA performs the sampling within the same time period for the same parameter(s) in question. Section 114-171. Monitoring. (a) The JSA shall require Significant Industrial Users to provide and operate, at the user's own expense, monitoring facilities and equipment necessary to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user's premises, but the JSA may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be 20 551 constructed in a public right-of-way. The Executive Director or his/her designee shall review and approve the location, plans, and specifications for such monitoring facilities and may require them to be constructed to provide for the separate monitoring and sampling of industrial waste and sanitary sewage flows. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility shall be designed and maintained in a manner such that the safety of JSA and user personnel shall be the foremost concern. The facility, sampling, and measuring equipment shall be maintained at all times in a proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the JSA's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following approval of the location, plans and specifications. (b) Any sampling analysis done in accordance with approved federal EPA procedures by the industrial user during a reporting period shall be submitted to the Executive Director or his/her designee regardless of whether or not that analysis was required by the industrial user's Discharge Permit. (c) The industrial user must receive the approval of the Executive Director before changing the sampling point and/or monitoring facilities to be used in all required sampling. Section 114-172. Pretreatment. All Significant Industrial Users shall provide necessary wastewater treatment as required to comply with this ordinance and achieve compliance with any applicable categorical pretreatment standards within the time limitations as specified by the categorical pretreatment standards. The JSA may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any Significant Industrial User that cannot meet discharge limits required by this ordinance. Any facilities required to pretreat wastewater to a level required by this ordinance shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the JSA for review, and shall be acceptable to the JSA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent that complies with the provisions of this ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported and acceptable to the JSA prior to the user's initiation of the changes. Section 114-173. Annual Publication. (a) The JSA shall annually publish in its jurisdiction's largest daily newspaper a list of Significant Industrial Users, which were in significant noncompliance with any categorical pretreatment standards. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. (b) All records relating to the JSA's pretreatment program shall be made available to officials of the EPA or Control Authority upon request. All records shall be maintained for a minimum of three (3) years in accordance with 40 CFR 403.12(0)(2). Section 114-174. Significant Non -Compliance. A user is defined as being in significant noncompliance when it commits one or more of the following conditions: 1. Causes imminent dangerment to human health or the environment or results in the exercise of emergency authority; 2. Fails to report noncompliance accurately; 3. Violates sixty-six percent (66%) or more (defined here as a chronic violation) of all measurements taken during a six (6) month period that exceed (by any magnitude) the 21 1_--L-__ ­" A 552 daily maximum limit or the monthly average limit for the same pollutant parameter; 4. Violates a Technical Review Criteria (TRC) defined here as thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a six (6) month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and oil & grease and 1.2 for all other pollutants except pH); 5. Violates a pretreatment effluent limit that the JSA determines has caused, alone or in combination with other discharges, interference or its pass through has endangered the health of the POTW personnel or the public or caused damages to POTW equipment; 6. Any discharge causing imminent dangerment to human health/welfare or to the environment or resulting in the POTW's use of its emergency authority to halt or prevent such a discharge; 7. Violates compliance schedule milestones or fails to comply with schedule milestones for starting or completing construction or attaining final compliance by ninety (90) days or more after the schedule date; 8. Fails to provide required reports within thirty (30) days of the due date; or 9. Any violation or group of violations, which the JSA determines, will adversely affect the operation or implementation of the local pretreatment program. Section 114-175. Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections may be subject to disclosure and available to the public or other governmental agencies in accordance with the Kentucky Open Records Act located at KRS 61.870, et. seq unless the user requests that any such information, at the time it is provided to JSA, be kept confidential and is able to demonstrate at the time of the request, to the satisfaction of the JSA, that the release of such information is not subject to disclosure pursuant to the Kentucky Open Records Act. Any amendment to KRS 61.870 will serve as an amendment to this ordinance to the extent this policy is inconsistent with the Kentucky Open Records Act. Any and all information provided by a person furnishing a report required by this ordinance, the portions of a report which might disclose trade secrets or secret processes, even if not required to be disclosed pursuant to the Kentucky Open Records Act, shall be made available to all governmental agencies for uses related to this ordinance, the KPDES Permit, Sludge Disposal System Permit and/or the Pretreatment Programs upon request. Such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information and shall be available to the public without restriction. Section 114-176. Signatory Requirements. All applications, reports or information submitted to the JSA shall be signed and certified. (a) All permit applications shall be signed: 1. For a corporation or limited liability company: by a principal executive officer of at least the level of vice-president; 2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively. (b) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 22 553 2. The authorization specifies either an individual or a position of responsibility having facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility. (c) Certification. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that I am familiar with the information contained in this report and its attachments and that to the best of my knowledge and belief such information is true, complete and accurate." Section 114-177. Industrial Private Sewage Disposal. (a) Where a public sanitary sewer is not available to a premises, the building sewer shall be connected to an individual private sewage disposal system complying with the requirements of the appropriate public authority. (b) The owner shall, at their own expense operate and maintain the individual private sewage disposal facility to the satisfaction of the appropriate public authority. (c) It shall be unlawful for any individual private residential sewage disposal facility to be connected to the JSA sanitary sewer system without written approval and securing proper permits and payment of required connection fees. (d) All entities who enter the JSA system whether voluntarily, involuntarily or by mandate from others are subject to fees and charges applicable at the time. (e) Rules and regulations regarding private sewage disposal systems is the responsibility of sewer boards of health and their appearance here is for information only. Sections 114-178-114-190 Reserved. Division 7. Fees. Section 114-191. Purpose. This article provides for the recovery of costs from users of the POTW for the matters covered by this ordinance. The applicable charges or fees shall be set forth in the JSA's Schedule of Rates and Charges, as amended from time to time by the JSA. Section 114-192. Sewer Service Charges. (a) The sewer service charge for normal strength sewage is based on the water discharged to the sewer system as measured by the public water supply meter(s). The basic sewer service charge shall be determined upon the metered flow and at rates as provided by the JSA's fee schedule approved by resolution of the Board of Directors. (b) Tap -On Fees and Capacity Fees will be charged per Equivalent Residential Unit (ERU) according to the Schedule of Rates and Charges. Replacement service Tap -On Fees and Capacity Fees will be calculated on the difference in ERU's between the prior and upgraded development. At no time shall a refund be payable as a result of a decrease in ERU's. (c) A lateral connection fee will be charged for a new service that requires the construction of a lateral connection from the sewer main to the right-of-way line or easement line where none exists or where a relocation is required by the JSA. The fee recovers construction expenses from the benefiting property owner(s). (d) Wells or sources of water supply other than municipal water supplies shall be registered in writing to the Executive Director, giving name of individuals or firm, address, source and amount of water supply other than that from the public water supplies, together with a sketch to a scale showing plan of property, water distribution system, sewer layout and existing meters. All sources of water that enter the sewer system shall be properly metered and subject to the sewer service charge. 23 554 cmr_��rxov^.vrs�^+�,•.�,+-.��... .«1 ._ __„_._m. numm. (e) Any customer who is found to be connected to the sewer system but has not been billed shall be billed back one (1) year from time the connection is discovered. Section 114-193. Payment for Services. (a) The sewer service charges are billed and collected by the JSA and for the JSA by its assigned billing and collection agents (Paducah Water and Hendron Water District). (b) Bills not paid by the payment due date will be considered delinquent. A penalty, according to the policies of JSA's assigned agents (Paducah Water and Hendron Water District) shall be added to those not paid by the payment due date. (c) Failure of any user to pay for services rendered shall subject the said user to the water shutoff policies of JSA's assigned agents (Paducah Water and Hendron Water District). (d) The JSA shall suspend wastewater treatment service to the user for failure to pay for services when required by the Executive Director. Reconnection of sewer service shall be charged according to the rate schedule for lateral connection fees. Section 114-194. Pretreatment and Other Charges and Fees. (a) The JSA may adopt charges and fees which may include: 1. Fees for reimbursement of costs of setting up and operating the JSA's pretreatment program; 2. Fees for monitoring, inspections, and surveillance procedures; 3. Fees for reviewing accidental discharge procedures and construction; 4. Fees for inspection of pretreatment and/or monitoring devices; 5. Fees for pretreatment and wastewater permit applications; 6. Fees for filing appeals; 7. Fees for consistent removal by the POTW of excessive strength conventional pollutants; and 8. Other fees as the JSA may deem necessary to carry out the requirements contained herein. Sections 114-195-114-220 Reserved. Division 8. Enforcement and Penalties. Section 114-221. Right to Enter Premises. The Executive Director and other duly promulgated employees and representatives of the JSA and authorized representatives of applicable Federal and State regulatory agencies bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharges to the public sewer system in accordance with the provisions of this ordinance. Section 114-122. Right to Obtain Information Regarding Discharge. The Executive Director and other duly authorized employees of the JSA and authorized representatives of applicable Federal and State regulatory agencies bearing proper credentials and identification are authorized to obtain information including, but not limited to, copying of records concerning character, strength and quantity of industrial wastes which have a direct bearing on the kind and source of discharge to the wastewater collection system. Section 114-123. Access to Easements. Duly authorized employees and representatives of the JSA bearing proper credentials and identification shall be permitted to enter all private properties through which the JSA holds a duly negotiated easement for the purpose of, but not limited to, construction, inspection, observation, measurement, sampling, repair, and maintenance of any portions of the wastewater facilities lying within said easement. All entry and subsequent work, if any on said easement 24 555 shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. Section 114-124. Authority to Serve Notice of Violations. Duly authorized employees and representatives of the JSA bearing proper credentials and identification shall have the authority to serve notices of violations of this ordinance. The Executive Director shall be responsible for the enforcement of and shall have authority to issue orders and impose penalties as authorized therein, assess and require payment for consequential damages, to establish limits for the discharge of toxic or objectionable substances and shall have any other powers or authority necessary and proper for the enforcement and the achievement of the goals of this ordinance. Section 114-225. Enforcement. (a) The JSA, through the Executive Director or his/her designee, to ensure compliance with this ordinance, and as permitted through 40 CFR Subchapter N, and 401 KAR 5:055, may take the following enforcement steps against users in noncompliance with the ordinance. The remedies available to the JSA include injunctive relief, civil and criminal penalties, immediate discontinuance of wastewater treatment service, and the publishing of the list of significant violators annually. (b) The JSA may suspend wastewater treatment service and/or a Discharge Permit when such suspension is necessary, in the opinion of the Executive Director or his/her designee, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the JSA to violate any condition of its KPDES permit. (c) Any user notified of a suspension of the wastewater treatment service and/or the Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the JSA 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 JSA shall reinstate the Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non -complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Executive Director or his/her designee within fifteen (15) days of the date of occurrence. Section 114-226. Notice of Violation. Any user found to be violating any provisions of this ordinance, any permit, or any order issued hereunder, shall be served by the JSA with written notice stating the nature of the violation(s). The NOV requires the user to evaluate and explain the cause of the violation, states actions to be taken to achieve compliance, and required steps to be taken to ensure the violation will not reoccur. The NOV requires the user to return to compliance and may state conditions or requirements for achieving compliance. The NOV may also state deadlines for a response demonstrating compliance has been achieved. Within ten (10) days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Executive Director or his/her designee. Submission of this plan in no way relieves the user of potential liability for any violation occurring before or after receipt of the Notice of Violation. Section 114-227. Show Cause Hearing. (a) The Executive Director or his/her designee may issue to any user who causes or contributes to violations of this ordinance, any permit or any order issued hereunder, an order to appear and show cause why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing, the proposed enforcement action, the reasons for such proposed action, and directing the user to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days 25 556 before the hearing. Service may be made on any agent or officer of the user. Whether or not a duly notified user or its representative appears, immediate enforcement action may be pursued. (b) The JSA may, itself, conduct the hearing and take the evidence, or designate a representative to: i. Issue, in the name of the JSA, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing; ii. Take the evidence; and iii. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the JSA for action thereon. At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded by a stenographer. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore. (c) After the JSA has reviewed the evidence, it may issue an order as set forth below. Further orders and directives as are necessary and appropriate may be issued. Section 114-228. Administrative Orders. An administrative order may take any of the following three forms: 1. Consent Orders A negotiated settlement between the JSA and a user found to be in noncompliance with this ordinance. The consent order differs from the other forms of administrative orders in that the signatures of both the JSA and user representative are required. The consent order may also contain a compliance schedule (General Reporting Requirement, Compliance Schedule) for meeting progress milestones dates and possibly fines or remedial actions. 2. Show Cause Orders An order to direct the user to appear before the JSA, explain its noncompliance, and show cause why more severe enforcement actions against the user should not be taken. Show cause may be used in circumstances where previous enforcement actions have failed to resolve the noncompliance. This could lead to further enforcement actions. 3. Cease and Desist Orders When the Executive Director finds that a user has violated or continues to violate this ordinance or any permit or order issued hereunder, the Executive Director or his/her designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to: a) comply forthwith, or b) take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Section 114-229. Emergency Suspension. (a) Notwithstanding the foregoing, the JSA may suspend wastewater treatment service and/or any permit immediately whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing any of the following conditions: a. An imminent or substantial endangerment to the health or welfare of persons or the environment. b. An interference or pass through; or 26 557 A violation of any condition of the JSA's KPDES permit. (b) Any user notified of a suspension of wastewater treatment service and/or any permit shall immediately stop or eliminate its contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension maybe lifted or the user's permit terminated. In the event of a failure of the user to comply voluntarily with the suspension order, the JSA shall take such steps as deemed necessary, including immediate severance of the sewer's connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. The JSA shall reinstate the wastewater treatment service and permit upon proof of the elimination of the noncompliance. (c) Prior to the hearing described in subsection (b) above, the user shall submit, to the Executive Director or his/her designee, a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Section 114-230. Judicial Remedies. If any person discharges sewage, industrial wastes or other wastes into the JSA's sewer system contrary to the provisions of this ordinance or any order or permit issued hereunder, the JSA may commence an action for appropriate legal and/or equitable relief in the appropriate Court of this jurisdiction. Section 114-231. Injunctive Relief. If any person discharges any waste or wastewater into the JSA's sewer system contrary to the provisions of this ordinance or any order or permit issued hereunder, the JSA may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the user. Section 114-232. Revocation of Permit. In addition to any other provision contained herein, any user who violates the following conditions of this ordinance, or applicable State or Federal regulations, is subject to having his permit revoked in accordance with the procedures of this ordinance. Violations include, but are not limited to the following: 1. Failure of the 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 any permit. Section 114-233. Penalties. (a) Any person who violates any provision of this ordinance or any permit condition or who violates any cease and desist order, prohibition, effluent limitation, or pretreatment or toxicity standard, may be liable for a court ordered civil penalty not to exceed one thousand dollars ($1,000.00) per violation. Each day in which a violation occurs shall constitute a separate offense. In addition to the fine imposed pursuant to this section, the JSA may recover its attorney fees, related court costs, and other expenses associated with the _ enforcement action. (b) Any such penalty imposed shall not be construed as liquidated damages and shall accrue in addition to any liability for any consequential damages resulting from the violation for which the penalty is imposed. Section 114-234. Judicial Enforcement Remedies. MA 558 The judicial process may be implemented by JSA to secure court ordered action to correct violations and to secure penalties for violators. Judicial administrative remedies may be sought: (1) when notices of violation or administrative orders have proven ineffective in returning the violating user to compliance; (2) when emergency situations require injunctive relief to halt or prevent discharges which threaten human health or the environment or interfere with the treatment system; or (3) to impose civil penalties and recover losses incurred due to noncompliance. The Executive Director shall have the discretion to pursue any and all judicial remedies. Section 114-235. Injunctive Relief. The JSA, through counsel, may petition for a court order of injunction to restrain or compel the activity of a noncompliant user. Injunctive relief can be used where an administrative order does not achieve compliance, or where immediate action is required to prevent a danger to human health, the treatment works or the environment. Injunctions can be temporary in nature, permanent or both. Section 114-236. Cost Recovery. The judicial process can be used by the JSA to recover the cost associated with noncompliant acts of a user. These costs may be due to actual physical damage to the treatment works or collection system, personal injury to JSA personnel, damage to the environment, or other related costs such as increased testing/monitoring. Section 114.237. Termination of Wastewater Treatment Service. The Executive Director may, upon written findings, revoke any wastewater discharge permit or terminate or cause to be terminated wastewater treatment system service to any premise if a violation of any provision of this ordinance is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this ordinance. This provision is in addition to other statutes, rules, or regulations authorizing termination of service for delinquency in payment. Section 114-238. Falsifying Information or Data. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or wastewater treatment discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall be guilty of a Class A Misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment for a period not to exceed twelve (12) months, or by both. Each day a violation continues shall constitute a separate offense. Section 114-239. Violations. Any person who willfully or negligently violates any provision of this Ordinance or any orders or permits issued hereunder shall be guilty of a Class A misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) per violation per day, or by imprisonment for a period not to exceed twelve (12) months or by both. Each day a violation continues shall constitute a separate offense. Section. 114-240. Compliance with other Statutes, Existing Codes, Regulations, And Standards; Severability and Conflicts. W. 559 (a) Other Statues, Codes, Regulations and Standards 1. Present and prospective users of the sewage works of the JSA are herewith advised and warned of other existing regulations, codes, ordinances and laws governing the requirements for use and control of sewage systems and the requirements of their compliance. 2. Users and plumbers employed by the user are required to comply with the State Plumbing Law and Code, Rules and Regulations issued by the Division of Plumbing, Department for Natural Resources and Environmental Protection. Every person and public corporation desiring to install or enter into a contract for the installation of a public, semi-public or industrial sewage system, or to make additions or alterations in such treatment or pretreatment plant or to alter or extend any such sewer shall comply with all design and construction standards and specifications of the JSA, all rules and regulations of the county board of health in which the facility exists or is to be constructed and comply with all codes, rules and regulations of the Kentucky Department for Natural Resources and Environmental Protection. No such installations, additions or alterations shall begin until the plans and specifications, therefore, have been submitted to and approved by the JSA. 4. Kentucky law prohibits the installation of sanitation improvements without JSA approval, reproduced verbatim herein. 5. Special attention is drawn to Commonwealth of Kentucky, Franklin Circuit Court Civil Action No. 07 -CI -1252 Consent Judgment entered 5th day of September, 2007. (b) Severability. If any provision, paragraph, word, section, or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. i' (c) Conflict. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 3. This ordinance shall be read on two separate days and will be effective upon summary publication pursuant to KR,S_Chaple 424. h WILLIAM PAXTON, MA OR AT EST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, January 8, 2008 Adopted by the Board of Commissioners, January 22, 2008 Recorded by Tammara S. Brock, City Clerk, January 22, 2008 Published by The Paducah Sun, January 29, 2008 114 -sewer 29