NOTICE OF PASSAGE OF ORDINANCE NO. 2012-06-02

Posted Thursday, July 28, 2016 4:25 pm

    TO: Residents of Claypool, Indiana, and Kosciusko County, Indiana
   THIS IS NOTICE that the Town Council of the Town of Claypool, Indiana, did, on June 18, 2012, pass Ordinance No. 2012-06-02, a Sewer Use Ordinance. This ordinance governs the Claypool Sewer Utility, regulates the disposal and treatment of waste, provides standards and limitations on the disposal and treatment of waste, provides general rules and regulations, establishes discharge standards, and the like. As a part of this ordinance certain penalties are provided for the violation of this ordinance as more specifically appears in the ordinance itself, a copy of which is on file at the Clerk-Treasurer's office for the Town of Claypool, Indiana, P.O. Box 6, Claypool, IN, 46510.
   A portion of the ordinance as adopted appears hereafter which provides for certain penalties and costs associated with the operation and/or violation of this ordinance.
Dated this 10th day of July, 2012.
Miccah D. Shepherd, Clerk-Treasurer
Town of Claypool, Indiana
ORDINANCE NO.2012-06-02
SEWER USE ORDINANCE
   BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CLAYPOOL, INDIANA, as follows:
SECTION 1 - GENERAL PROVISIONS
   1.1   Purpose and Policy
   This Ordinance sets forth uniform requirements for all users of the sewer system components of the Publicly Owned Treatment Works (POTW) of the Town of Claypool, Indiana and to enable the Town of Claypool to comply with all applicable State and Federal laws, including the Clean Water Act and the General Pretreatment Regulations. The objectives of this Ordinance are:
   A.    To regulate the discharge to, and use of, public and private
       sewers within the service area of the Publicly Owned Treatment
       Works of Claypool; and the installation and construction of
       service connections to building sewer within the Claypool sewer
       service area;
   B.   To prevent the introduction of pollutants into the Publicly Owned
       Treatment Works that will interfere with its operation;
   C.   To prevent the introduction of pollutants into the Publicly Owned
       Treatment Works that will pass through the Publicly Owned
       Treatment Works, inadequately treated, into receiving waters, or
       otherwise be incompatible with the Publicly Owned Treatment
       Works;
   D.   To protect the POTW, all POTW personnel and the general public
       from unregulated discharge of wastewater whose constituents
       could endanger the POTW system and the health and welfare of
       the POTW personnel or the general public:
   E.   To provide for fees for the equitable distribution of the cost of
       operation, maintenance, and improvement of the Publicly
       Owned Treatment Works; and
   F.    To enable the Town of Claypool, Indiana to comply with its
       National Pollutant Discharge Elimination System permit
       conditions, sludge use and disposal requirements, and any other
       Federal or State laws to which the Publicly Owned Treatment
       Works is subject.
   G.   To establish a Pretreatment Program for the regulation and
       control of industrial discharges through the issuance and
       enforcement of Industrial Wastewater Discharge Permits that set
       forth the terms, conditions and regulations under which non-
       compatible wastewaters may be discharged in the Town's POTW.
   This Ordinance shall apply to all users of the Publicly Owned Treatment Works.
   1.2 - Administration
   Except as otherwise provide herein, the Superintendent shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other POTW personnel, such
delegation(s) shall be in writing and available for public review.
(RRR)   Town. The Town of Claypool, Indiana.
(SSS)   Town Council. The Town Council of the Town of Claypool, Indiana,
       or any duly authorized officials or boards acting in its behalf.
(TTT)   Toxic Amount. Concentrations of any pollutant or combination of
       pollutants which upon exposure to or assimilation into an
       organism will cause adverse effects, such as cancer, genetic
       mutations, and physiological manifestations, as defined in
       standards issued pursuant to Section 307(a) of the Act.
(UUU)    Toxic Pollutant. Those substances referred to in Section 307(a) of
       the Act, as well as any other known potential substance
       capable of producing toxic effects.
(VVV)   Total Toxic Organics (TTOs). TTOs are toxic organics, as defined
       and analytically measured by definition in the Federal Register.
(WWW) Upset. An exceptional incident in which a discharger
       unintentionally and temporarily is in a state of non-compliance
       with applicable standards due to factors beyond the reasonable
       control of the discharger, and excluding non-compliance to the
       extent caused by operator error, improperly designed treatment
       facilities, inadequate treatment facilities, lack of preventative
       maintenance, or careless or improper operation of the facilities.
(XXX)   User. Any person who contributes, causes, or permits the
       contribution of residential, commercial, industrial or any other
       type of wastewater into the Town's POTW. Users may be classified
       as residential, commercial, industrial, or governmental/
       institutional as may be appropriate to identify the type of
       wastewater that the user contributes to the wastewater system.
(YYY)   Wasterwater. Liquid and water-carried industrial wastes and
       sewage from residential dwellings, commercial buildings,
       industrial and manufacturing facilities, and institutions, together
       with any groundwater, surface water, and stormwater that may
       be present, whether treated or untreated, which is contributed
       into or permitted to enter the POTW.
(ZZZ)   Wastewater Constituents and Characteristics. The individual
       chemical, physical, bacteriological and radiological
       parameters, including volume, flow rate and other parameters
       that serve to define, classify or measure the quality, quantity and
       strength of wastewater.
(AAAA) Wastewater Treatment Plant (Treatment Plant). That portion of
       the POTW that is designed to provide treatment of municipal
       sewage and industrial waste.
SECTION 2- GENERAL RULES & REGULATIONS
   2.1 - General Requirements
   A.    It shall be unlawful for any person to place, deposit, permit to be
       deposited or discharge to any natural outlet within the Town or
       any area under the jurisdiction of the Town any sanitary,
       commercial, industrial or polluted wastewater except where
       suitable treatment has been provided in accordance with
       Ordinance.
   B.   Except as herein provided, no person shall construct or maintain
       any privy, privy vault, septic tank, cesspool or other wastewater
       treatment facility intended or used for the treatment and/or
       disposal of sewage.
   C.    No person shall construct, repair, modify or alter a sewer lateral,
       public sewer, manhole or other sewer system appurtenance
       without first obtaining permission from the Superintendent.
   D.   No person shall maliciously, willfully or negligently break,
       damage, destroy, uncover, deface, or tamper with any structure,
       appurtenance, pipe or equipment which is part of the sewage
       system.
   E.   No person shall discharge or cause to be discharged any storm
       water, surface water, ground water, roof run-off, parking lot run-
       off, cooling water or unpolluted industrial process waters into any
       sanitary sewer.
   F.   The owners of all houses, buildings or properties used for human
       occupancy, employment, recreation or other purpose situated in
       the Town and abutting on any street, alley, right-of-way or
       easement in which there is now located or may in the future be
       located a public sanitary or combined sewer of the Town, are
       hereby required at their own expense to install suitable toilet
       facilities therein and to connect such facilities and industrial
       waste outlets directly with the public sewer in accordance with
       this Ordinance within 90 days after the date of official notice to
       do so, provided that such public sewer is within 300 feet of the
       property line.
   G.   No statement contained in this Ordinance shall be construed as
       preventing the town from entering into an agreement between
       the Town and any industrial discharger whereby an industrial
       waste of unusual strength or character may be accepted by the
       Town for treatment subject to payment for treatment services by
       the industrial discharger.
   H.   It shall be the responsibility of the property owner to pay for the
       cost of constructing the sewer lateral from the building to the
       public sewer. It shall be the responsibility of the property owner
       to pay for the cost of maintaining the sewer lateral from the
       building to the public sewer.
   I.   A separate and independent sanitary sewer lateral shall be
       provided for each and every building, except present sewer
       structures in use; and except that where one building stands at
       the rear of another on the same lot and no sanitary sewer can
       be constructed to the rear building through an adjoining alley,
       court, yard or driveway, the sewer lateral from the front building
       may be extended to the rear building and the whole sewer
       lateral considered as one sewer lateral for the single property.
   J.   Old building sanitary sewer laterals may be used in connection
       with new buildings only when they are found on examination
       and testing by the Wastewater Department to meet all
       requirements of new sanitary sewer laterals.
   K.   The size, slope, alignment, materials of construction of a building
       sewer, and the methods to be used in excavating, placing of the
       pipe, joint testing, and back filling the trench, shall all conform to
       the requirements of the building and plumbing code or other
       applicable rules and regulations of the Town. In the absence of
       code provisions or in amplifications thereof, the materials and
       procedures set forth in appropriate specifications of the
       American Society for Testing & Materials (ASTM) and Water
       Pollution Control Facilities (WPCF) Manual of Practice No. 9 shall
       apply. All sewer laterals shall:
           I. Be of a six inch (6") or larger in size, for gravity laterals.
           2. Be fitted into an approved "tee" or "Y" fitting into sewer
           mains of twelve inch (12") or smaller in size.
           3. On 12" or larger sewers all saddle connections shall be of
       an approved type with a positive seal on the connection to the
       lateral.
       4. All connections to the Public Sewer shall be made gas tight
       and water tight.
   L.    Whenever possible, the building sewer shall be brought to the
       building at an elevation below the basement floor. In all
       buildings in which any building drain is too low to permit gravity
       flow to the public sewer, sanitary sewage carried by such
       building drain shall be lifted by an accepted means and
       discharged to the building sewer.
   M.    The construction of all sewers, components, systems or private
       sewers that connect to the Claypool sewer system. shall comply
       with the requirements of the Wastewater Department's
       Construction Standards. The acceptance of the applicability of
       these standards to all sewers shall be considered part of the
       terms for the approval of connection to the Claypool sewer
       system.
   N.   The construction of combined sewers is prohibited. All new
       sewers constructed within the Claypool wastewater system must
       be constructed as separate sanitary sewers or as separate
       storm sewers per the standards described.
   0.    Any new building connection that may contribute inflow or clear
       water to an existing combined sewer must be approved by the
       Superintendent before construction and must be made separate
       and distinct from the sanitary waste connection to facilitate
       disconnection of the inflow or clear water connection if, and
       when, a separate storm sewer subsequently becomes available.
   P.    The Superintendent may require any new construction to have a
       delay inflow or a flow equalization structure that discharges into
       a combined sewer system in the Town of Claypool.
   2.2 - Prohibited Discharge Standards
   A.    General Prohibitions. No user shall introduce or cause to be
       introduced into the POTW any pollutant or wastewater that
       causes pass through or interference. These general prohibitions
       apply to all users of the POTW whether or not they are subject to            categorical pretreatment standards or any other National, State,
       or local pretreatment standards or requirements.
   B.    Specific Prohibitions. No user shall introduce or cause to be
       introduced into the POTW the following pollutants, substances, or
       wastewater:
       (I) Pollutants which create a fire or explosive hazard in the POTW,
       including, but not limited to, waste streams with a closed-cup
       flash point ofless than 140 degrees F (60 degrees C) using the
       test methods specified in 40 CFR 260.21;
       (2) Wastewater having a pH less than 6.0 or more than 9.0, or
       otherwise causing corrosive structural damage to the POTW or
       equipment;
       (3) Solid or viscous substances in amounts which will cause
       obstruction of the flow in the POTW resulting in interference but in
       no case solids greater than 3/4 inch (3/4") in dimension;
       (4) Pollutants, including oxygen-demanding pollutants (BOD,
       etc.) released in a discharge at a flow rate and/or pollutant
       concentration which, either singly or by interaction with other
       pollutants, will cause interference with the POTW;
       (5) Wastewater having a temperature greater than 140 degrees
       F, or which will inhibit biological activity in the treatment plant
       resulting in interference, but in no case wastewater which
       causes the temperature at the introduction into the treatment
       plant to exceed 104 degrees F ( 40 degrees C);
       (6) Petroleum oil, non-biodegradable cutting oil, or products of
       mineral oil origin, in amounts that will cause interference or pass
       through;
       (7) Pollutants 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;
       (8) Trucked or hauled pollutants;
       (9) Noxious or malodorous liquids, gases, solids, or other
       wastewater which, either singly or by interaction with other
       wastes, are sufficient to create a public nuisance or a hazard to
       life, or to prevent entry into the sewers for maintenance or repair;
       (10) Wastewater which imparts color which cannot be re)lloved
       by the treatment process, such as, but not limited to, dye wastes
       and vegetable tanning solutions, which consequently imparts
       color to the treatment plant's effluent, thereby violating the
       Town's NPDES permit;
       (II) Wastewater containing any radioactive wastes or isotopes
       except in compliance with applicable State or Federal
       regulations;
       (12) Stormwater, surface water, ground water, artesian well water,
       roof run-off, subsurface drainage, swimming pool drainage,
       condensate, deionized water, noncontact cooling water, and
       unpolluted wastewater, unless specifically authorized by the
       Town Council;
       (13) Sludges, screenings, or other residues from the pretreatment
       of industrial wastes;
       (14) Medical wastes, except as specifically authorized by the
       Town Council in a wastewater discharge permit;
       (15) Wastewater causing, alone or in conjunction with other
       sources, the treatment plant's effluent to fail its NPDES toxicity
       test;
       (16) Detergents, surface-active agents, or other substances
       which may cause excessive foaming in the POTW; or
       (17) Wastewater causing two readings on an explosion hazard
       meter at the point of discharge into the POTW, or at any point in
       the POTW, or more than 10% or any single reading over 10% of
       the Lower Explosive Limit of the meter.
       (18) Materials causing, alone or in conjunction with other
       materials normally in the sewer system, an obstruction to the
       flow in the sewer line or system or injury to the sewer system or
       cause a nuisance or prevention of effective maintenance or
       operation of the sewer.
       (19) Fats, oils or grease of animal or vegetable origin in
       concentrations greater than 100 mg/1.
   Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.
   2.3 - National Categorical Pretreatment Standards
   The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated by reference.
   A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Town Council, through the designated Pretreatment Coordinator, may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(e).
   B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Town Council, through the designated Pretreatment Coordinator, shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
   C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
concentration or mass limit has been calculated this adjusted limit        D. The Superintendent may use grab sample(s) to determine noncompliance with pretreatment standards.
   6.12 - Timing
   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
   6.13 - Record Keeping
   Users subject to the reporting requirements of this Ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities, instrumentation calibration, operation logs, reports, correspondence and sample logs required by this Ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person( s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and results of such analyses. These records shall remain available for period of at least (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the Superintendent.
   The POTW shall retain and preserve all permit files, records and enforcement activity records for no less than three (3) years.
   Any person who knowingly makes any false statement, representation or certification in any application, report, or other document required by the Ordinance or other applicable regulations, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction be punished by the imposition of a civil penalty as required by local and State statutes, and enforcement response procedures.
SECTION 7 - COMPLIANCE ASSURANCE & MONITORING
   7.1 Right of Entry: Inspection and Sampling
   The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts
of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
   The Town, the State, and EPA shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
   The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.
   Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this Ordinance.
   7.2 - Search Warrants
   If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to verify compliance with this Ordinance or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare or the community, then the Superintendent may seek issuance of a search warrant from a court of competent jurisdiction. The warrant shall specify what, if anything may be searched and/or seized on the property described. Such warrant shall be served by the Superintendent in the company of a uniformed officer of the Town. In the event of an emergency or violations of significant non-compliance of this Ordinance, inspections shall be made without the issuance of a warrant.
SECTION 8 - CONFIDENTIAL INFORMATION
   Information and data on a user obtained from reports, survey, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of such information would divulge information, processes, or methods or production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
SECTION 9 - PUBLICATION OF USERS OF SIGNIFICANT NONCOMPLIANCE
   The Town of Claypool shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and
requirements. The term significant noncompliance shall mean:
   A.    Chronic violations of wastewater discharge limits, defined here
       as those in which sixty-six percent (66%) or more of wastewater
       measurements taken during a six-(6-) month period exceed the
       daily maximum limit or average limit for the same pollutant
       parameter by any amount;
   B.    Technical Review Criteria (TRC) violations, defined here as those
       in which thirty-three percent (33%) or more of wastewater
       measurements taken for each pollutant parameter during a six
       (6) month period equals or exceeds the product of the daily
       maximum limit or the average limit multiplied by the applicable
       criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
       pollutants except pH);
   C.    Any other discharge violation that the Superintendent believes
       has caused, alone or in combination with other discharges,
       interference or pass through, including endangering the health
       of POTW personnel or the general public;
   D.   Any discharge of pollutants that has caused imminent
       endangerment to the public or to the environment, or has
       resulted in the Superintendent's exercise of its emergency
       authority to halt or prevent such a discharge;
   E.    Failure to meet, within sixty (60) days of the scheduled date, a
       compliance schedule milestone contained in a wastewater
       discharge permit or enforcement order for starting construction,
       completing construction, or attaining final compliance;
   F.    Failure to provide within thirty (30) days after the due date, any
       required reports, including baseline monitoring reports, reports
       on compliance with categorical pretreatment standard
       deadlines, periodic self-monitoring reports, and reports on
       compliance with compliance schedules;
   G.    Failure to accurately report noncompliance; or
   H.    Any other violation(s) that the Superintendent determines will
       adversely affect the operation or implementation of the local
       pretreatment program.
SECTION 10- ADMINISTRATIVE ENFORCEMENT REMEDIES
   10.1 - Enforcement Remedies
   The Superintendent shall develop and publish a written Enforcement Response Guide outlining cause for enforcement action and the level of enforcement action. Nothing in the Enforcement Response Guide shall limit or restrict the Superintendent from taking enforcement actions more severe than those published in the Enforcement Response Guide.
   10.2 - Notification of Violation
   When the Superintendent finds that a user has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written Notice of Violation (NOV). Within thirty (30) days of the receipt of a NOV, an explanation of the violation and plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
   10.3 - Consent Orders
   The Superintendent may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 10.4 and 10.5 of this Ordinance and shall be judicially enforceable.
   10.4 - Show Cause Hearing
   The Superintendent may order a user which has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven (7) days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing. A show cause hearing shall not be a bar against, or a prerequisite for, taking any other action against the user. The Town Council may itself conduct the hearing and take the evidence to:
   A.    Issue in the name of the Claypool Town Council notices of
       hearings requesting the attendance and testimony of the
       witnesses and the production of evidence relevant to any matter
       involved in any such hearing;
   B.    Take the evidence.
   10.5 - Compliance Orders
   When the Superintendent finds that a user-has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue a Compliance Order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance Orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A Compliance Order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a Compliance Order relieve the user ofliability for any violation, including any continuing violation. Issuance of a Compliance Order shall not be a bar against, or a prerequisite for, taking any other action against the user.
   10.6 - Cease and Desist Orders
   When the Superintendent finds that a user has violated, or continues to violates, any provision of this Ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue a Cease and Desist Order to the user directing it to cease and desist all such violations and directing the user to:
   A.    Immediately comply with all requirements; and
   B.   Take such appropriate remedial or preventive action as may be
       needed to properly address a continuing or threatened
       violation, including halting operations and/or terminating the
       discharge.
   Issuance of a Cease and Desist Order shall not be a bar against, or a prerequisite for, taking any other action against the user.
   10.7 - Administrative Fines
   A.   When the Superintendent finds that a user has violated, or
       continues to violate, any provision of this Ordinance, a
       wastewater discharge permit or order issued hereunder, or any
       other pretreatment standard or requirement, the Superintendent
       may fine such user in an amount not to exceed $1 ,000.00. Such
       fines shall be assessed on a per violation, per day basis. In the
       case of monthly or other long-term average discharge limits,
       fines shall be assessed for each day during the period of            violation.
   B.   Assessments may be added to the user's next scheduled sewer
        service charge and the Superintendent shall have such other
        collection remedies as may be available for other service
       charges and fees.
   C.    Unpaid charges, fines, and penalties shall, after sixty (60)
       calendar days, be assessed an additional penalty often percent
       (10%) of the unpaid balance, and interest shall accrue
       thereafter at a rate of on and one-half percent (1-1/2 %) per
       month. A lien against the user'sproperty will be sought for unpaid
       charges, fines, and penalties.
   D.    Users desiring to dispute such fines must file a written request for
       the Superintendent to reconsider the fine along with full payment
       of the fine amount within thirty (30) days of being notified of the
       fine. Where a request has merit, the Superintendent may
       convene a hearing on the matter. In the event the user's appeal
       is successful, the payment, together with any interest accruing
       thereto, shall be returned to the user. The Superintendent may
       add the costs of preparing administrative enforcement actions,
       such as notices and orders, to the fine.
   E.    Issuance of an administrative fine shall not be a bar against, or a
       prerequisite for, taking any other action against the user.
   10.8 - Emergency Suspensions
   The Superintendent may immediately suspend a user's discharge, after informal notice to the user, whenever suspension is necessary to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in Section I 0.8 of this Ordinance are initiated against the user.
   A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describingJhe causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing under Sections 10.3 or 10.8 or this Ordinance.
   Nothing in this Ordinance shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
   10.9 - Termination of Discharge
   In addition to the provisions in Section 5.6 of this Ordinance, any user who violates the following conditions is subject to discharge termination:
   A.    Violation of wastewater discharge permit conditions;
   B.    Failure to accurately report the wastewater constituents and
       characteristics of its discharge;
   C.    Failure to report significant changes in operations or wastewater
       volume, constituents, and characteristics prior to discharge;
   D.    Refusal of reasonable access to the user's premises for the
       purpose of inspection, monitoring, or sampling; or
   E.    Violation of the pretreatment standards in Section 2 of this
       Ordinance.
   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.4 of this Ordinance why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
SECTION 11 -JUDICIAL EMFORCEMENT REMEDIES
   11.1 - Injunctive Relief
   When the Superintendent finds that a user has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition a court of competent jurisdiction through the Town Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Ordinance on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
   11.2 - Civil Penalties
   A user who has violated, or continues to violate, any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Town for a civil penalty of not less than $1,000.00 or more than $2,500.00
per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
   The Town of Claypool may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Town.
   In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factors as justice requires.
   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
   11.3 - Criminal Penalties
   Any person who knowingly or willfully makes any false statement, representation or certification in any application, report or other document required by this Ordinance or other regulations adopted by the Town, or who tampers with or knowingly or willfully renders inaccurate any monitoring device so as to render false information may be subject to IC 35-44-2-1.
   The Town's Counsel shall, when appropriate, refer such matters to the Kosciusko County Prosecutor for consideration of criminal prosecution. The Town of Claypool also reserves the right to refer suspected knowing or willful violations to the Indiana Department of Environmental Management or the U.S. Environmental Protection Agency, Region 5 for criminal prosecution. All reports and other documents required to be submitted or maintained pursuant to this Ordinance are subject to : (1) the provisions of 18 USC 1001 relating to fraud and false statements; (2) provisions of Section 309©(4) of the Clean Water Act, as amended, governing false statements, representations or certification; and (3) the provisions of Section 309©(6) of the Clean Water Act regarding responsible corporate officers.
   11.4 - Remedies Nonexclusive
   The remedies provided for in this Ordinance are not exclusive. The Town of Claypool may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the Town's Enforcement Response Plan. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently.
   Any discharger has the right to request in writing an interpretation or ruling by the Town on any matter covered by this Ordinance and is entitled to a written reply within 45 days. In the event that such an inquiry is by the affected discharger and deals with matters of compliance with the Ordinance or deals with the Permit, receipt of the discharger's request will delay all enforcement proceedings, until he receives the written reply.
SECTION 12- SUPLEMENTAL ENFORCEMENT ACTION
   12.1 - Public Nuisances
   A violation of any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent.
   12.2 - Performance Bonds
   The Superintendent may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this Ordinance, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the Town, in the sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
   12.3 - Liability Insurance
   The Superintendent may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this Ordinance, any order, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
   12.4 - Water Supply Severance
   Whenever a user has violated or continues to violate the provisions of this Ordinance, orders, or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its willingness and ability to comply.
SECTION 13- AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
   13.1 - Upset
   A.    For the purposes of this section, "upset means an exceptional            incident in which there is unintentional and temporary
       noncompliance with categorical pretreatment standards
       because of factors beyond the reasonable control of the user.
       An upset does not include noncompliance to the extent caused
       by operational error, improperly designed treatment facilities,
       inadequate treatment facilities, lack of preventive maintenance,
       or careless or improper operation.
   B.    An upset shall constitute an affirmative defense to an action
       brought for noncompliance with categorical pretreatment
       standards if the requirements or paragraph (C), below, are met.
   C.    A user who wishes to establish the affirmative defense of upset
       shall demonstrate, through properly signed, contemporaneous
       operating logs, or other relevant evidence that:
           a.    An upset occurred and the user can identify the cause(s)
               of the upset;
           b.   The facility was at the time being operated in a prudent
               and workman-like manner and in compliance with
               applicable operation and maintenance procedures; and
           c.    The user has submitted the following information to the
               Superintendent within twenty-four (24) hours of becoming
               aware of the upset if this information is provided orally. A
               written submission must be provided within five (5) days:
               i.    A description of the indirect discharge and cause of
                   noncompliance and completion of an Accidental
                   Discharge Report; and
               ii.   The period of noncompliance, including exact dates
                   and times and, if not corrected, the anticipated time
                   the noncompliance is expected to continue; and
               iii.   Steps being taken and/or planned to reduce, eliminate,
                   and prevent recurrence of the noncompliance.
   C.   Failure to provide reports for any compliance schedules, self-
       monitoring data, baseline monitoring reports, and any other
       report due within 30 days from the due date.
   D.   Failure to accuratefy report noncompliance.
   E.   Any other violation or group of violations which the
       Superintendent considers to be significant.
   16.6 - Time Frames for Responses
   A.    All violations shall be identified and documented by the
       Pretreatment Group within five (5) working days of receiving
       noncompliance information.
   B.    Any violation shall involve contact by the Pretreatment Group
       with the industrial user and request of information on corrective
       or preventative actions(s), and shall occur within thirty (30) days
       of violation detection.
   C.   When a compliance schedule is required, the Pretreatment
       Group shall notify the IU of the requirement within (60) days.
   D.   Violations which threaten health, property, or enviromnental
       quality shall be considered emergencies and shall receive
       immediate responses such as halting the discharges or
       terminating service, as per discretion of the Superintendent.
   E.   Violations meeting the criteria for significant noncompliance
       (SNC) shall be addressed with an enforcement action within
       thirty (30) days of the identification of significant
       noncompliance.
   16.7 - Sampling, Monitoring, and Reporting by User
NONCOMPLIANCE   VIOLATIONS/    FINE/VIOLATION PER
       IN ANY 6 MONTH    DAY
       PERIOD
Failure to sample, or   ( I - 2 )    VTN, or SV, or LOV
monitor or any       requiring a report within reporting required       10 days.
to POTW. Slug
discharge(s) or batch
discharge(s).

Failure to sample,   Next violation   AO, or ECS, or AF of    monitor, report       $50.00 per day
limitations, and slug
discharge(s) to
the POTW.

Minor sampling,    ( 1 - 3 )   VTN, or SV, or LOV.
monitoring or reporting       Corrections to be made
deficiencies        on submission. AO if
(computational or       continued
typographical error,
missing information,
late reports and repeated occurrences.

Major sampling,   Next violation    LOV, or SV, or AO or AF
monitoring or reporting       of $50.00 per day.
deficiencies        Corrections to be made
(missing information,   *per type of    on the next submission
late Reports and   violation
repeated occurrences of
computational errors).

   • Type of violation refers to the same violation, no matter if it occurs once, or repeatedly in the same report.
   16.8 - Compliance Schedule - Construction Phases of Planning
NONCOMPLIANCE   VIOLATION   FINE PER VIOLATION
       OCCURRENCES   PER DAY
Reporting false   any violation-SNC   AF of $50000/occurrence
information
Missed Interim Date   Will not cause other   LOV
       late interim or final
       dates to be missed,
Missed Final Date.   (1) - SNC   AF of $5000/day and CS.
       Next Violation   LIT and AF of $10000/day
Failure to install    (1)   AO and/or AF of $5000/day
monitoring equip.
   16.9 - Discharge Limitations
NONCOMPLIANCE   VIOLATIONS IN ANY   FINE PER VIOLATION
       6 MONTH PERIOD   PER DAY
Exceeding final limit   (1 -3)   SV or LOV
(categorical or local
limits or prohibited
discharges)
       Next violation, or   LOV and/or AO and/or
       exceeds TRC criteria   AF of $10000/day
       for any parameter(s)

       Next violation, or   LOV, of CS and AF of
       exceeding 2 or more   $15000/day
       TRC criteria for any
       parameter(s)

Exceeding interim Limits   (1 - 2)   LOV and/or AO
(categorical or local)
       Next violation   AO or AF of $5000/day
Reported Slug or    Violation of any   AO
Batch Discharge   prohibited
       discharge (1)

       Next violation or   AO and AF of $25000/day
       causes POTW, or   and/or LIT plus penalties
       environmental   and costs
       damages on any
       occurrence

       Violation of any   AO and AF of $10000/day
       prohibited discharge   and/or LIT and penalties
       (>3) or causes POTW   and costs.
       or environmental
       damages on any
       occurrence

Discharge without a permit   (1)   AO and AF or $10000/day
and/or prohibited discharge       and/or LIT and penalties
           and costs

       Next violation or   AF of $25000/day, LIT and
       causes POTW or   damages; request
       environmental    disconnect
       damage
   16.10 - Noncompliance Detected Through Sampling or Field Investigations
NONCOMPLIANCE   VIOLATIONS IN ANY   FINE PER VIOLATION
       6 MONTH PERIOD   PER DAY
Violation of analytical   (2)   LOV
procedures and/or
quality assurance.   Next violation   LOV and AO and/or
           $5000 per occurrence

       Next violation   AO and AF of $10000/day
           per occurrence or LIT
           plus penalties

Violation of permit   (1 - 3)   VTN, SV, or LOV
condition(s)
       Next violation   AO or AF of $10000/day
           per occurrence or LIT
           plus penalties

       Next violation   AO or AF of $15000/day
           per occurrence and/or LIT
           plus penalties

   Whenever an Industrial User fails to respond to a LOY which requires a response, the next level of enforcement will be initiated; this procedure applies to all of Section 16.
SECTION 17- FEES
   17.1 - Fees for Pretreatment Industrial Monitoring
Flat fees for pretreatment industrial monitoring shall be as follows:
   a.   Sample, each 24-hour composite sample   $50.00
   b.   pH grab, each sample   5.00
   c.   Vehicle   25.00
   d.   Ice, each 24-hour composite sample   5.00
   e.   Labor, per hour, per man   20.00
   f.   Clerical, each 24-hour composite sample   20.00
   g.    Analysis: At current independent lab price.
   h.    Materials: Listed individually at cost.
   i.    Tracing unauthorized discharges:
       1. Any hours over 40 except Sundays and holidays:
       Time and one-half.
       2. Sundays and holidays: Double time.
These charges will be reviewed on an annual basis.
   17.2 - Surcharges on Strong Wastes.
   A.    In order that the rates and charges may be justly and equitably
       adjusted to the service rendered to users, the Town shall base its
       charges not only on the volume, but also on strength and character of
       the stronger-than-normal domestic sewage and wastes which it is
       required to treat and dispose of. The Town shall require the user to
       determine the strength and content of all sewage and wastes
        discharged, either directly or indirectly into the sanitary sewage system,
       in such manner and by such method as the Town may deem
       practicable in light of the conditions and attending circumstances of
       the case, in order to determine the proper charge. The user shall furnish
       a central sampling point available to the Town at all times.
   B.    Normal sewage domestic waste strength should not exceed a
       biochemical oxygen demand of two hundred (200) milligrams per liter
       of fluid, suspended solids in excess of two hundred twenty-five (225)
       milligrams per liter of fluid, phosphorous in excess of ten (10) milligrams
       per liter of fluid, ammonia in excess of twenty (20) milligrams per liter of
       fluid. When the above mentioned pollutants are exceeded and where
       the surcharge amount would be less than ten dollars ($10.00), a
       minimum monthly
SECTION 18- EFFECTIVE DATE
   The provisions of this ordinance shall be in full force and effect on its passage and publication as required by law,
   PASSED AND ADOPTED by the Town Council of the Town of Claypool, Indiana on this 18th day June, 2012.
Niki Miller, President
Donald Miller II, Member
Tom Burnworth, Member
ATTEST:
Miccah Shepherd, Clerk- Treasurer
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NOTICE OF PASSAGE OF ORDINANCE NO. 2012-06-02

Alcohol Beverage Commission

Kosciusko County

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Winona Lake Zoning