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
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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).
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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;
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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.
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(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
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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
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