Village Ordinance's

TABLE OF CONTENTS PAGE

GLOSSARY OF TERMS

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RIGHT OF THE

VILLAGE......................................................................................................................................................... ...... 

I. WASTEWATER SYSTEM REGULATIONS

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SECTION A. USE OF PUBLIC WASTEWATER SYSTEMS

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SECTION B. WASTEWATER SYSTEM CONSTRUCTION PERMIT

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SECTION C. future residential structures

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SECTION D. BUILDING SEWER LINE CONSTRUCTION AND MAINTENANCE

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SECTION E. DISCHARGES TO A public wastewater system

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SECTION F. POWERS AND AUTHORITY OF VILLAGE PERSONNEL

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SECTION G. LIMITING PUBLIC WASTEWATER SYSTEMS

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SECTION H. INJURY AND DAMAGE OF PUBLIC WASTEWATER SYSTEMS

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SECTION I. PROHIBITED NONRESIDENTIAL DISCHARGES 

SECTION J. NEW NONRESIDENTIAL STRUCTURES 

SECTION K. REGULATED NONRESIDENTIAL DISCHARGES .

 SECTION L. FATS, OILS, AND GREASE “FOG” 

SECTION M. PRETREATMENT COSTS. 

SECTION N. PRETREATMENT REPORTING. 

SECTION O. PRETREATMENT MONITORING 

SECTION P. ACCIDENTAL DISCHARGES 

SECTION Q. SEPTAGE TANK PUMPING 

II. USER CHARGE SYSTEM 

SECTION A. DEFICIT PROHIBITED 

SECTION B. USE OF REVENUE

SECTION C. FREE SERVICE PROHIBITED 

SECTION D. USER CHARGE .

 SECTION E. BILLING PROCEDURES 

SECTION F. CHANGES OF ADDRESS OR OWNERSHIP 

SECTION G. PAYMENTS AND PENALTIES 

SECTION H. DELINQUENCIES 

SECTION I. OTHER CHARGES BY AGREEMENT 

SECTION J. VOLUNTARY DISCONNECTION OR RECONNECTION

SECTION K. Tap-In-fees 

III. MISCELLANEOUS 

SECTION A. LIBERAL INTERPRETATION 

SECTION B. GRIEVANCES AND APPEALS 

SECTION C. ENFORCEMENT AND PENALTIES 

SECTION D. INVALIDITY AND SEPARABILITY 

SECTION E. REPEAL OF CONFLICTING ORDINANCES 

EXHIBIT A. PERMIT FORM 

EXHIBIT B. DIAGRAM OF CUSTOMER CONNECTION                                                                                                                                                                                                                                               EXHIBIT C VOLUNTARY DISCONNECTION FORM                                                                                                                                                                                                         GLOSSARY OF TERMS                                                              

Village- the Village of Belmore

Ordinance- wastewater system regulations and user charge system ordinance

Regulations- wastewater system regulations

Private onsite wastewater system- a privately owned onsite wastewater system that was owned, operated, and maintained by the property owner prior to this Ordinance.

Public wastewater system- a wastewater collection or treatment facility owned, operated, and maintained by the Village.

Sewer- a pipe or conduit that carries wastewater or drainage water.

Sanitary Wastes- the combination of liquid and water-carried wastes discharged from sanitary plumbing facilities and conveniences by reason of normal human and domestic activities.

Sanitary Sewer- sewer that carries liquid and water-carried wastes from residences, commercial buildings, industries and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

Storm Drain or Storm Sewer- shall mean a drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.

Building sewer line- the sewer line that connects any house, building, or property used for human occupancy, employment, recreation, or other purposes to a public wastewater system

Public Sewer- a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Domestic wastes- waste originating from sanitary conveniences. Domestic wastes do not include trade or process wastes.

Wastewater Facilities- the structures, equipment & processes required to collect & carry away domestic and industrial wastes of the Village Sanitary Sewer System.

User- any building, structure or other facility either directly or indirectly connected to the Village’s Sanitary Sewer System.

STEP System- Septic Tank Effluent Pump System – a septic tank and a pump system where sewage is conveyed by gravity to the

tank through your building plumbing line. Liquid waste is then pumped under pressure to the public sewer system. Solid waste will remain in the STEP tank where it naturally degrades and is eventually pumped out.

Maintenance- upkeep and repair costs required to maintain the sewer system structures and equipment in efficient operating condition during the service life of such works.

Replacement- shall mean expenditures for obtaining and installing equipment, accessories or appurtenances necessary to maintain design capacity and performance of the sewer system. The term “operation and maintenance” shall include “replacement.”

Debt Charge- a charge levied against users of the Village Sanitary Sewer System for the recovery of all or a portion of the non grant funded portion of the Capital Cost of the sewer system.

User Charge- a charge levied on users of the Village Sanitary Sewer System for the cost of operation, maintenance and replacement of such works.

Sanitary Sewer Charges- the aggregate of various components of billing charges, user charges, extra strength   and industrial cost recovery charges.

Environmental Protection Agency- the Federal (or United States) Environmental Protection Agency, or any person authorized to act for that agency.

Residential Type User- any user of the system generating domestic wastewater which is discharged directly or indirectly to the sewer system. Residential Type Users shall include homes, cottages, trailers (both recreational and fixed) and camping sites.

Mobile Home- a structure that can be transported on the highway, is over 35’ long and is directly connected to the sewer system via a pipe or conduit.

Recreational Vehicle- a structure that can be licensed to travel on the highway, may be directly connected to the sewer system via a pipe or conduit, is less than 35’ long end to end, and is exempt from Mobile Home classification.

Incompatible Pollutant- any pollutant which is not a compatible pollutant.

Suspended Solids- total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.

Slug- any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the wastewater treatment works.

Food Preparation Establishment- a food service establishment, such as, but not limited to, restaurants, hotel kitchens, hospital kitchens, school kitchens, bars, factory cafeterias, retail bakeries and clubs, as defined by ORC SECTION 3717 or any other facility discharging fats, oil and grease above the effluent limits established in the ordinance.

Floatable Grease (FOG)- any fats, oil, and grease generated from the food preparation process as identified per the most current EPA method as listed in 40 CFR 136.3., and in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Industrial Wastes- the wastewater from industries, as defined herein, as distinct from segregated domestic wastes or wastes from sanitary conveniences.

Industry- a manufacturing activity identified as a “Division A, B, D, E or I” industry, as defined in the office of Management and Budget’s Standard Industrial Classification Manual, 1972, as amended and supplemented. However, any industry, as previously defined in this paragraph, may be excluded from the “Industry” category if it discharges non-process, segregated domestic wastes or wastes from sanitary conveniences.

Institutional Type User- an established society or corporation, mainly public in character such as churches or schools.

Septage- shall mean sanitary sewage removed from a septic tank(s), holding tank(s) or similar storage devices designed to provide on-site means of sewage disposal each of which either is located on or servicing property used only for residential purposes or contains only non-process sanitary sewage.

Acceptable Septage- Septage which meets the standards of the Village pertaining to its makeup which shall not include (a) substances which may, in the opinion of the Village Operator, be harmful to the sewage treatment process or which may cause the Village to violate sewage effluent permit limits; (b) flammable, explosive, or corrosive material; (c) high levels of metal; (d) radioactive substances or compounds.

Septage Disposal Fee- shall mean the fee charged to The Village for disposal of septage at an acceptable Water Pollution Control Facility.

Septage Tank Pumping Charges- shall mean the charges levied by a Licensed Hauler for the pumping of a septic tank of a property owner. ”Septage Tank Pumping Charges” shall not mean the charges levied by the Village for disposal of septage at the acceptable Water Pollution Control Facility.

Licensed Hauler- shall mean a Hauler licensed to collect Septage by the Putnam County Department of Public Health. “May” is permissive; “shall” is mandatory.

“mgd” is an abbreviation for million gallons per day.

“mg/l” is an abbreviation for milligrams per liter.

RIGHT OF THE VILLAGE

All sewer mains installed, whether within or outside the corporate limits shall, on connection with Village mains, become the sole property of the Village and shall henceforth be maintained by the Village which shall exercise exclusive control of same.

The Village shall have the right and authority to further extend any sewer main extension to serve additional properties beyond the original or earlier extension without reimbursement to anyone who may have contributed to the cost of the original or earlier extension.

Right to Interrupt Service

Whenever the Village finds it necessary or convenient for the purpose of making repairs or improvements to the Village Sewer System, it shall have the right to temporarily suspend sewer treatment and shall not be liable for any loss or damage occasioned thereby.

Whenever possible, and as time permits, all affected Consumers will be notified prior to such suspension by personal contact and/or news release.

The Village shall NOT be liable for interruptions in sewer service, shortages or insufficiency of supply or pressure, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war, or other cause.                                                                                                                                                                                                                                                                                                                                                                                                            

1. WASTEWATER SYSTEM REGULATIONS

SECTION A. USE OF PUBLIC WASTEWATER SYSTEMS

1.            No person shall place, deposit or permit to be deposited, in any unsanitary manner on public or private property within the Village or in any area under the jurisdiction of the Village, any human or animal excrement, garbage or other matter which is or may become offensive, noxious, or dangerous to the public health.

2.            No person shall discharge to the waters of the State within the area under the jurisdiction of the Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the requirements of the EPA or the local health department.

3.            Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, unless authorized by the Village. Any existing privy, privy vault, septic tank, cesspool or other facility shall be demolished or removed in accordance with current Putnam County Health Department requirements.

4.            The owner of any house, building, or properties used for human occupancy, employment, recreation, or other purposes where an existing onsite wastewater system is currently located and where the existing system will be replaced by a STEP system owned and operated by the Village is hereby required, at his expense, to install suitable toilet facilities therein and to connect such facilities directly to the new wastewater system, in accordance with the provisions of these regulations, within 60 days after date of official notice to do so.

5.            If connection to the Village owned wastewater system is not complete within 60 days after the date of official notice to do so, immediate steps will be taken to make such connection at the expense of the owner and assess it upon the property. After said 60-day period has elapsed, the Village shall charge the property owner the current wastewater charges in effect and shall collect these current wastewater charges according to the regulations of the Village.

6.            Where a public wastewater system is not available under the provisions herein, the building sewer shall be connected to a private onsite wastewater system complying with the provisions of the regulations of the Putnam County Health Department and the Village. The owner shall operate and maintain the private onsite wastewater system in a sanitary manner at all times, at no expense to the Village. The type, capacities, location, and layout of a private onsite wastewater system shall comply with all provisions of the regulations of the Putnam County Health Department and the Village.

7.            At such time as a public STEP system becomes available to a property served by a private onsite wastewater system, as provided herein, a direct connection shall be made to the public wastewater system in compliance with these regulations, and any septic tanks, cesspools and similar private onsite wastewater systems shall be abandoned at the time the connection to the public wastewater system is made, and the owner shall comply with all applicable requirements of this Ordinance and according to the Health Department regulations.. The systems shall be pumped out and the bottoms shall be crushed to allow future infiltration, the tanks shall then be filled with sand or gravel.

8.            No unauthorized person shall uncover, make connection with, or an opening into, use, alter, repair, or disturb any public wastewater system or appurtenance thereto without having first obtained a permit from the Village, issued under the authority of this Ordinance.

SECTION B. WASTEWATER SYSTEM CONSTRUCTION PERMIT

1.            Before any building sewer line is connected to a public STEP system a permit must be obtained from the Village for all new construction after the wastewater improvement project is completed. All permits issued hereunder shall expire 60 days from the date of issuance. No refund of the permit and inspection charge shall be made unless a request is made and the permit returned within the 60-day permit period.

2.            All permits for connections to a wastewater system owned and operated by the Village shall be made on the form furnished by the Village (see Exhibit A: Permit Form). The applicant for a permit must furnish the following information:

a.  Physical Address of Building or Property

b.  Name of Owner

c.  Owner's Mailing Address

d.  Owner’s phone number

e.  Owner must check residential, commercial, industrial, or other and list name

3.            The Village will provide for construction of the STEP tank and service line from the STEP tank up to a cleanout five (5) feet from the house connection. This cost is included in the connection fees discussed in detail in Part II of the ordinance.

4.            All connections to Village installed service lateral shall be inspected and approved by the Village after installation but before covering with backfill. Upon inspection, and after the inspector has satisfied himself that the installation has been made according to the requirements of this Ordinance, and that all possible sources of storm water have been eliminated from the sewer, the inspector shall make a sketch of the installation on the form retained by the Village at the time the permit was issued, and if such installation complies with the provisions of this Ordinance, shall sign the same, with the Village thereafter mailing one copy to the property owner, and one copy shall be retained for the permanent files of the Village for its record. Only after the inspector has signed the permit may the connection to the wastewater system be completed and the trench filled.

SECTION C. FUTURE RESIDENTIAL STRUCTURES

1.            Any residential structure constructed in the Village following completion of the Village Wastewater Project is required to meet requirements set forth by the Ohio EPA, Putnam County Health Department, and the Village regarding wastewater facilities.

2.            Any residential structure constructed in the Village following completion of the Belmore Decentralized Wastewater Project is required to pay the necessary fees required by the Ohio EPA, Putnam County Health Department, and the Village.

3.            The Village shall not issue a permit to connect to a public wastewater system until the applicant for such a permit has deposited in money order, or by certified check payable to the Ohio EPA, Putnam County Health Department, or Village, the fees to be determined in accordance with the current criteria.

4.            In the event the Village ascertains that any private onsite wastewater system has been constructed without a proper permit, the Village may disconnect such property from the private onsite wastewater system and require the property owner to follow rules set forth in this Ordinance.

SECTION D. BUILDING SEWER LINE CONSTRUCTION AND MAINTENANCE

1.            All connections to a public wastewater system must be made in accordance with this Ordinance (see Exhibit B. Diagram of Customer Connection). All building sewer lines shall be inspected and approved by the Village after installation but before covering with backfill (see Exhibit C. Inspection Form). The person to whom the permit has been issued shall call the Village, requesting the inspection, at least two days before the inspection is desired. The connection shall not be made until approved by a representative of the Village and under their supervision.

2.            The inspection fee per building shall be actual cost. Payments must be made to the Village at the time of permit application.

3.            The building sewer line shall be constructed of a size not less than four inches, internal diameter, and shall be Schedule 40 PVC using proper bends or curves for all changes in alignment or grade. All joints and connections shall be made gas tight and watertight. The Village may require the sewer tapper to demonstrate the tightness of the joints by such tests as he may deem necessary and require additional jointing material or concrete collars at any or all joints.                                                                                                                                                                                                                                                                                                                                              4. The building sewer line shall have a minimum fall of 1/8” per linear foot of sewer (1.04%) from the building to the public wastewater system. The junction between the building sewer line and the house plumbing shall be made watertight. The interior of each length of pipe shall be made perfectly clean and free from offsets, fins and projections before the next length is connected thereto.

5.    A cleanout should be constructed immediately outside the building. The cleanout shall consist of a four (4) inch 45 degree wye-branch with eighth bends, or equal, aligning the riser pipe to grade. The riser pipe shall be at grade level or not more than two inches below the surface. Caps for cleanouts on PVC pipe may be threaded inserts of the same material as the cleanout. Bends or 90-degree elbows with cleanouts shall be utilized for cleaning purposes as mentioned earlier.

6.    A separate and independent building sewer line shall be provided for each residence or building; except where permitted by the Village.

7.    Foundation drains shall not be connected, either directly or indirectly to the building sewer line or public wastewater system. If any drains are installed, carrying surface or subsurface water, they shall be constructed to carry said water to the street, storm drains or other natural waterways.

8.    Surface water that collects in basement or foundation excavations shall not be discharged at any time into the building sewer line. If the building sewer line is completed before the house plumbing can be connected thereto, the building or sewer tapper shall keep the end of the building sewer line tightly closed at all times with a plumber's plug or other water tight plug in order to prevent said surface or ground water from entering the building sewer line.

9.    Old or existing building sewer lines may be used in connection with new building or alterations only when it can be demonstrated that they conform in all respects to the requirements contained herein for new building sewer lines.

10.  Building sewer lines shall not be constructed closer than three feet to any exterior wall, cellar, basement or cistern nor shall they have less than two feet of earth or stone cover.

11.  Where the building sewer line will cross unstable soil or close to a tree where roots may enter the joints, extra heavy cast iron pipe, solidly caulked, may be required. PVC pipe meeting AWWA C-900 standard or cast iron pipe shall be required when the building sewer line is within ten feet of a water service line, well, spring, cistern or other sources of water supply.

12.  All excavation for building sewer lines shall be by open cut from the surface unless otherwise approved by the Village. The sides of the trench shall be substantially vertical, using such sheeting and bracing as may be necessary to accomplish this result. The bottom of the excavation shall be shaped to fit the lower half of the sewer so that the pipe will have uniform bearing from end to end. In the event the trench is excavated below the required grade of the pipe, the excess space shall be filled with pea gravel or stone not over ¾-inch in diameter. The width of the trench at the top of the pipe shall not exceed two feet plus the outside diameter of the pipe nor shall the width at that point be less than one foot plus the outside diameter of the pipe. Under no condition shall a 90-degree bend pipe fitting be installed.

13.  Water and gas service shall not be laid in the same trench as the building sewer line.

14.  The person to whom a permit is issued shall be responsible for obtaining any required permits to open cut any street, road or alley from the appropriate political body, official or person having Village or jurisdiction over such work.

15.  The building sewer line shall be backfilled to an elevation at least six inches over the top of the pipe by tamping in six inch layers. Soil containing stones larger than three inches, in the greatest dimension, shall not be used for backfill. The balance of the backfill may be deposited in any manner which will not damage the pipe or disturb the alignment or grade of the building sewer line; except that the balance of the backfilling shall be done in such a manner and with such material as may be required by the permit.

16.  All joints and connections shall be made gas-tight and water-tight. Mission or Fernco type flexible couplings may be acceptable in joining dissimilar materials, subject to approval by the Village.

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

18.  All vents shall be constructed so as to prevent foreign objects from being introduced into the public wastewater system. Tees will not be permitted in any part of the building sewer line. In order to protect the public wastewater system, the plumbing for all buildings to be connected to the public wastewater system shall be installed in accordance with the minimum requirements of the Plumbing Code, Putnam County Health Department, and any applicable standards established by the State of Ohio. The Village may require corrective work on the plumbing systems of any existing buildings where serious violations of accepted good practices in plumbing are observed. Such corrective action shall be completed prior to connection of the building sewer line from the affected structure to the public wastewater system.

19.  The permit holder will be required to repair or restore any drains or service lines damaged or disturbed by him during the construction of the building sewer line.

20.  Following construction of a building sewer line, the property owner shall own, maintain, repair or replace the building sewer line from the building foundation to the cleanout.

21.  If the Village receives a service call for a property to investigate a sewage backup and performs services to clean a building sewer line for which the owner is responsible, the Village may charge the owner for labor, material and equipment costs incurred. Such charges may be placed on the owner's monthly sewer bill.

22.  Property owners who are required to connect to a public wastewater system are responsible and required to apply for a permit from the Village for their contractor to abandon the existing private onsite wastewater system or any other facility meant to collect sewage from the building by pumping the septic tank or facility, demolishing the top of the tank or facility, creating holes in the bottoms of the tank or facility, and filling the tank or facility with sand or gravel. Tanks or facilities cannot be filled with dirt.

23.  The property owner is responsible for ensuring that all wastewater drains are properly plumbed into the building sewer line, otherwise the Village or Putnam County Health Department may order the owner to make said connection.

24.  In the case of multiple connections to the house, i.e. washing machine or sink drains going to a different connection, the connection shall be extended to the Village supplied service line at the time of connection.

SECTION E. DISCHARGES TO A PUBLIC WASTEWATER SYSTEM

1.            No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any public wastewater system.

2.            Storm water, surface drainage, subsurface drainage, groundwater, roof runoff, cooling water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the local authorities. Industrial cooling water or unpolluted processed waters may be discharged, on approval of the local authorities, to a storm sewer or natural outlet.

3.            No person shall discharge or cause to be discharged, directly or indirectly any pollutant or wastewater which will interfere with the operation or performance of a public wastewater system. These general prohibitions apply to all users of a public wastewater system whether or not the user is subject to National Categorical Pretreatment Standards (40 CFR Part 403) or any other National, State, or Local Pretreatment Standards or Requirements.

4.            No person shall discharge or cause to be discharged any of the following described waters or wastes into any public wastewater system:

a.  Any wastewater having a temperature which will inhibit biological activity in a public wastewater system resulting in interference; but in no case, wastewater with a temperature at the introduction into a public wastewater system which exceeds 150 degrees F or causing the temperature at a public wastewater system to exceed one hundred four degrees (104) F.

b.  Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction, to cause fire or explosion or be injurious in any other way to the operation of a public wastewater system.

c.  Any water or wastes containing free oils, emulsified oils and grease exceeding an average of one hundred parts per million (833 pounds per million gallons) of other soluble matter or containing substances which may solidify or become viscous at temperatures between thirty- two degrees (32°) F and one hundred fifty degrees (150°) F.

d.  Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of a public wastewater system, including cyanides.

e.  Any garbage that has not been properly shredded.

f.   Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar plastics, wood paunch, manure, hair and fleshings, entrails, lime slurry, lime residues, chemical residues, paint residues, cannery waste, bulk solids or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with proper operation of the sewage works.

g.  Any waters or wastes containing Suspended Solids (SS) of such character and quantity that unusual attention or expense is required to handle such materials at a public wastewater system, or any substance which may cause a public wastewater system’s effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.

h.  Any noxious or malodorous gas or substance capable of creating a public nuisance, or substances causing the release of noxious or poisonous gases after discharge into a public wastewater system.

i.   Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

Any waters or wastes containing substances which may cause the treatment plant to exceed its NPDES permit limitations. Industrial waste shall not exceed the limits for materials listed below based on a twenty-four hour composite sample or as may be established by the Village from time to time for such materials to meet NPDES permit conditions.

Effluent Characteristics Discharge Limitation, mg/1

Aluminum 3.0

Arsenic 0.2

Barium 1.0

Biochemical Oxygen

D : 5-dady, 20° C (BODs) 200.0

Boron 5.0

Cadmium 0.1

Chloride 100.0

Chromium 0.5

Cobalt 1.0

Copper 0.5

Cyanide 0.5

Fluoride 5.0

Iron 5.0

Lead 0.5

Mercury 0.005

Molybdenum 5.0

Nickel 2.0

Nitrogen-Ammonia 25.0

Phenols 1.0

Phosphorus 10.0

Selenium 0.1

Silver 0.03

Sulfides 50.0

Tin 3.0

Total Dissolved Solids 850.0

Total Suspended Solids 220.0 mg/1

Tungsten 5.0

Zinc 2.0

The preceding list of substances is subject to revisions as required to meet current water quality standards or effluent standards imposed by state and/or federal agencies. In special cases (low volume users), the concentration of the applicable substances in the wastewater may be exceeded if it is determined by the Village that the total pounds of the substances discharged to the sewage system are not harmful to or will not interfere with the sewage treatment process or will not violate water quality or effluent standards.

k.   Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Village as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters, and which might cause a public wastewater system to violate its NPDES and/or other Disposal System permits.

l.     Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village in compliance with applicable State or Federal regulations.

m. Any waters or wastes having a pH of less than 5.5 or in excess of 9.0.

n.   Materials that exert or cause:

(1)  Unusual concentrations of inert Suspended Solids (SS) such as, but not limited to, Fullers earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.

(2)  Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions.

(3)  Unusual biochemical oxygen demand, Suspended Solids (SS), or chlorine requirements in such quantities as to constitute a significant load on a public wastewater system.

(4)  Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. 

o.            Waters or wastes containing substances which are not amenable to treatment or reduction by a public wastewater system employed or are amenable to treatment only to such degree that a public wastewater system effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

p.            No discharger shall dilute a waste stream as a substitute for adequate treatment to achieve compliance with the standards set forth in these regulations.

q.            The National Categorical Pretreatment Standards as established by the U.S. EPA shall be met by all discharges of the regulated industrial categories. If a pollutant in an industrial discharge is limited by both National Categorical Pretreatment Standards and limits established by the Village, the maximum allowable concentration will be the more stringent of the two.

5.            If any waters or wastes are discharged or are proposed to be discharged to a public wastewater system, which waters contain the substance or possess the characteristics which, in the judgment of the Village, may have a deleterious effect upon a public wastewater system, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Village may:

a.  Reject the wastes;

b.  Require pretreatment to an acceptable condition in accordance with guidelines adopted herein for discharge into a public wastewater system;

c.  Require control over quantities and rates of discharge; and or

d.  Require payment to cover the added cost of handling and treatment of the wastes not covered by existing taxes or sewer charges.

6.            If the Village permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Village and subject to the requirements of all applicable codes, Ordinances, and laws.

SECTION F. POWERS AND AUTHORITY OF VILLAGE PERSONNEL

1.            The Village personnel, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of a public wastewater system lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

2.            While performing the necessary work on private properties, the Village, shall observe all safety rules applicable to the premises established by the owner and the Village.

3.            The Village inspector, bearing proper credentials and identification, shall present them to the owner, agent or present occupant of properties within the Village before entering for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions contained herein. The Village shall also obtain and present a proper search warrant if the owner, agent or present occupant requests one. A request by the owner, agent or present occupant that the Village obtain a search warrant is an exercisable right of the requesting party and shall not constitute failure to cooperate nor shall it constitute a failure to comply with the provisions herein. The Village shall have no right to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond the point of having a direct bearing on the kind and source of discharge into the sewers or water ways to facilities for waste treatment.

SECTION G. LIMITING PUBLIC WASTEWATER SYSTEMS

1.            The Village shall limit additional public wastewater systems if sufficient resources are unavailable.

2.            Any person applying for a permit to connect to a public wastewater system shall provide, with the application for said building sewer line permit, sufficient data, as required by the Village, regarding the location, type of wastewater and amount of flow to be conveyed to the public wastewater system.

3.            Any costs associated with additional public wastewater systems shall be borne by the person applying for the building sewer line permit.

SECTION H. INJURY AND DAMAGE OF PUBLIC WASTEWATER SYSTEMS

1. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of a public wastewater system. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct and shall be required to make restitution for said damages.

SECTION I. PROHIBITED NONRESIDENTIAL DISCHARGES

1.            It shall be unlawful for any nonresidential user to discharge, without a permit, to any natural outlet within any area under the jurisdiction of the Village, any wastewater except as authorized by the Village in accordance with these regulations.

2.            In cases where the characteristics of sewage or industrial waste from any manufacturing or industrial plant, building, or premises is such that it will damage a public wastewater system or cannot be treated satisfactorily at a public wastewater system, the Village shall compel such users to dispose of such waste and prevent it from entering a public wastewater system.

SECTION J. NEW NONRESIDENTIAL STRUCTURES

1.            Any nonresidential structure constructed in the Village following completion of the Belmore Decentralized Wastewater Project is required to meet requirements set forth by the Ohio EPA, Putnam County Health Department, and the Village regarding wastewater facilities.

2.            Any nonresidential structure constructed in the Village following completion of the Belmore Decentralized Wastewater Project is required to pay the necessary fees required by the Ohio EPA, Putnam County Health Department, and the Village.

3.            The Village shall not issue a permit to connect to a public wastewater system until the applicant for such a permit has deposited in money order, or by certified check payable to the Ohio EPA, Putnam County Health Department, or Village, the fees to be determined in accordance with the current criteria.

4.            In the event the Village ascertains that any private onsite wastewater system has been constructed without a proper permit, the Village may disconnect such property from the private onsite wastewater system and require the property owner to follow rules set forth in this Ordinance.

5.            All new nonresidential users proposing to connect to or to contribute to the wastewater works must obtain a nonresidential discharge permit at least sixty (60) days prior to connecting to or contributing to the Village's sewage collection system.

6.            In support of the nonresidential discharge permit application, the user shall submit, in units and terms appropriate for evaluation, the following information:

a.  Name, address, and location (if different from the address);

b.  SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget,

1972, as amended;

c.  Wastewater constituents and characteristics as required by the Village as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40

CFR, Part 136, as amended;

d.  Time and duration of contribution;

e.  Average daily and three (3) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

f.   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation

g.  Description of activities, facilities and plant processes on the premises, including all materials that are to or could be discharged;

h.  Where known, the nature and concentration of any pollutants in the discharge which are limited by any Village, State, or Federal Pretreatment Standards, and a statement regarding whether or not the Pretreatment Standards are being met on a consistent basis and if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable Pretreatment Standards;

I. Each product produced by type, amount, process or processes, and rate of production.

j. Type and amount of raw material processed (average and maximum per day).

SECTION K. REGULATED NONRESIDENTIAL DISCHARGES

1. In cases where the character of sewage or industrial waste from any manufacturing or industrial plant, building or premises shows excessive flow rates or concentration of pollutants such that it imposes an unreasonable burden upon a public wastewater system, the Village may:

a.            Comply such manufacturing or industrial plant, building, or premises to pretreat such sewage in such manner as specified by the Village before discharging it into a public wastewater system;

b.            Require flow control or equalization of such wastes so as to avoid any "slug" loads or excessive loads that may be harmful to a public wastewater system, and/or;

c.            Require payment of a surcharge on any excessive loadings discharged to a public wastewater system to cover the additional costs of treating such wastes.

SECTION L. FATS, OILS, AND GREASE “FOG”

1. RULES AND REQUIREMENTS

a. Food preparation establishments discharging wastewater to the Village’s collection system are subject to the following requirements which shall constitute the Village’s FOG Management Program:

1.            Compliance with the General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments.

2.            Annual filing of a FOG registration on forms supplied by the Village. All registrations are nontransferable and must be resubmitted to the Village after any change in ownership.

3.            Regular inspections performed by the Village to verify compliance with these requirements and those requirements of the General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments. If the inspections become excessive, more than four a year, then inspections are subject additional fees, as outlined in Section L.8.

4.            Payment of any fees associated with fines or violations, variances and reimbursement for costs associated with any emergency services provided by the Village. Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the Village’s Operator, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients except that such interceptors or traps shall not be required for private living quarters or dwelling units. All interceptors or traps shall be of a type and capacity approved by the Sanitary Engineer and shall be located as to be readily and easily accessible for cleaning and inspection.

5.            Where installed, all grease interceptors or traps shall be maintained by the owner, at owners expense, in continuously efficient operation at all times.

6.            Grease interceptors or traps must be cleaned on a regular basis and provide proper documentation to the Village upon request.

2. EQUIPMENT REQUIREMENTS

a.  Wastewater generated from food preparation establishments shall be treated at the point of discharge to remove FOG using an Outdoor In-Ground Grease Trap Interceptor (Grease Trap Interceptor) or AGRU meeting the requirements of the General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments. The Grease Trap Interceptor or AGRU shall be connected to those fixtures or drains that would allow FOG to be discharged. This shall include but is not limited to; pot sinks, pre-rinse sinks, any sinks into which fats, oils, or grease are likely to be introduced, soup kettles or similar devices, work stations, floor drains or sinks into which kettles may be drained, automatic hood wash units, dishwashers without pre- rinse sinks, and any other fixtures or drains that are likely to allow fats, oils and grease to be discharged.

b.  All dishwasher connections shall be after the grease interception.

3.     INSPECTIONS

Food Preparation Establishments shall be subject to inspection by the Village on a regular basis to determine whether the requirements set forth in this Ordinance and the General Permit are being met. Inspections may include but are not limited to; review of records for the quarterly inspections performed by the Food Preparation Establishment, and review of cleaning and maintenance logs. All Grease Trap Interceptors can at anytime be inspected by Village personnel.

4.     DISCHARGE LIMITS

No Food Preparation Establishment shall discharge or cause to be discharged any wastewater with a FOG concentration in excess of ninety (90) mg/L, as determined by the currently approved test for recoverable fats and grease listed in Title 40, CFR 136.3, as may be amended. Grease and oil interceptors or traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature.

5.     VIOLATIONS

In the event that a Food Preparation Establishment fails to meet the recordkeeping requirements or discharge limit, the Village will issue a written notice of violation for the noncompliant condition. The Food Preparation Establishment shall take immediate steps to bring the establishment into compliance. Any violation of the Village’s FOG Management Program will be subject to violation fees. Each day that a violation continues shall be considered a separate occurrence.

6.     RESTRICTIONS

No Food Preparation Establishment shall introduce any additives, including but not limited to, enzymes or surfactants as grease emulsifiers or degradation agents, into the Grease Interceptor or AGRU unless given prior approval by the Village.

7.     SEWER STOPPAGES AND MAINTENANCE

In the event of a sewer stoppage or blockage, caused by an FOG discharge from a Food Preparation Establishment, the Village shall notify said establishment in writing, and said establishment shall reimburse the Village any expenses incurred by the Village as a result of the sewer stoppage or blockage. The expenses may include, but are not limited to, the cost of services of Village employees or contractors for any work or inspection necessary to relieve such stoppage or blockage, and damage to any other properties effected. If any FOG related stoppage requires emergency action on the part of the Village, the Food Preparation Establishment shall be charged a minimum penalty fee per event in addition to the cost of services of Village employees or contractors. An emergency is defined as any event which requires power rodding, snaking, jetting or any other work required to clear the stoppage after regular business hours of the Village. In the event the collection system needs to be cleaned due to the excess FOG discharged by a Food Preparation Establishment, the establishment shall pay to the Village the expense incurred by the Village to clean the sewer or appurtenance therefore.

8.     FEES

The Village may establish and revise fees for the Village’s FOG Management Program required by this Ordinance. The fees include, but are not limited to: annual registration, variance, violation and maintenance fees.

9.     BILLING OF FOG CHARGES

The fees associated with the Village’s FOG Management Program will be billed to the owner of the Food Preparation Establishment as detailed on the FOG registration form.

10.  PAYING OF FOG CHARGES

The fees associated with the Village’s FOG Management Program, either as a separate bill or combined with the water and/or sewer bill, shall be due and payable within 30-days of the date of issue, and the Village is empowered to permit an extension of time of the due date up to seven days after the end of the billing period. One percent (1%) interest will be applied monthly to the unpaid balance, including previously applied interest, of all bills outstanding beyond the 30 days.

11.  NON-COMPLIANCE

The Village reserves the right to notify the Putnam County Health Department of any establishment that continues to be non-compliant with the Village’s FOG Management Program. They shall be of substantial construction, water-tight, and equipped with easily removable covers which, when bolted in place, shall be gas tight and water tight.

SECTION M. PRETREATMENT COSTS.

1. Any pretreatment facility or flow-equalizing facilities required by the Village shall be constructed, owned, maintained, repaired and replaced at the cost of the owner. Prior to construction of such facilities, the owner shall submit and receive the Village's approval of detail design plans for the facilities. Thereafter, such facilities shall be maintained continuously in satisfactory operation at the cost of the owner.

SECTION N. PRETREATMENT REPORTING.

1. Any nonresidential user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new user or new source, after commencement of the discharge, shall submit to the Village during the months of June and December, unless required more frequently in the pretreatment standard or by the Village, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows, which during the reporting period, exceeded the average daily flow. At the discretion of the Village and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc. the Village may alter the months during which the reports are to be submitted.

SECTION O. PRETREATMENT MONITORING

1.            Each nonresidential user may be required to construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of his wastes including domestic sewage.

2.            Control manholes or access facilities shall be located and built in a manner acceptable to the Village. If measuring devices are to be permanently installed they shall be of a type acceptable to the Village. The Village must approve plans for the installation of the control manholes, access facilities, and related equipment prior to the beginning of construction.

3.            All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this regulation shall be determined in accordance with Standard Methods and in accordance with 40 CFR 136 entitled "Guidelines Establishing Test Procedures for Analysis of Pollutants," and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole.

4.            In the event that no special manhole has been required, the control manhole shall be considered to be the septic tank at which the building sewer is connected.

5.            Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and Suspended Solids (SS) analyses are obtained from twenty four hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

SECTION P. ACCIDENTAL DISCHARGES

1.            No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefore by the industrial concern in proportion to cost and consistent with the user charge system.

2.            Each nonresidential user may be required to provide protection from accidental discharge of prohibited materials or other wastes regulated by this regulation. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the cost of the owner. Detailed plans showing facilities and operating procedures to provide such protection shall be submitted for review by the Village, and shall be approved by the Village before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the nonresidential user from the responsibility to modify the facility as necessary to meet the requirements contained in this regulation.

3.            If, for any reason, a nonresidential user does not comply with or will be unable to comply with any prohibition or limitations herein, the user shall immediately notify the Village that corrective action may need to be taken to protect a public wastewater system. In addition, a written report addressed to the Village detailing the date, time, and discharge, and corrective action taken to prevent future discharges, shall be filed by the user within 5 days of the occurrence of the noncomplying discharge.

SECTION Q. SEPTAGE TANK PUMPING

1.  FREQUENCY OF PUMPING- Septage Pumping will be provided by the Village up to once every three years. If septage pumping is required more often than once every three years, the Property Owner(s) of record shall reimburse the Village for the septage pumping charges.

2.  PAYMENT OF REIMBURSEMENT for ADDITIONAL PUMPING- In such cases where the

Village determines septage pumping is required more often than once every three years, the Village shall provide the Property Owner a notice of violation prior to pumping. The Village shall provide the Property Owner a copy of the paid receipt from the Licensed Hauler that pumped his/her septic tank. processing of the reimbursement shall be initiated promptly.

3.  RULES AND REGULATIONS- The Village Council is authorized to make reasonable rules and regulations concerning the Village’s program for providing reimbursement of Septage Pumping Charges to Property Owners. The purpose of such rules and regulations shall be to implement the terms and intent of this ordinance.

II. USER CHARGE SYSTEM

SECTION A. DEFICIT PROHIBITED

1. As part of the annual review provided herein, the Village or other representative shall make an estimate of the revenues and expenses for the next year. After deducting (1) the estimated operation and maintenance costs, (2) the estimated debt service costs, and (3) the repair and replacement reserve payment from the total estimated revenues and net carryover from the previous year, the system shall maintain a positive working capital.

SECTION B. USE OF REVENUE

1. The funds received from the collection of the rates and charges provided in these regulations shall be deposited as received by the Village into a separate fund designated the “Belmore Village Sewer Fund". Disbursements from the fund may be made for operation and maintenance costs, debt service costs, and payments to the "Repair and Replacement Fund", as well as for enlargement of a public wastewater system. The Fiscal Officer of the Village shall separately invest the funds of the system and pay any investment earnings to the “Belmore Village Sewer Fund" and the “Belmore Village Repair and Replacement Fund".

SECTION C. FREE SERVICE PROHIBITED

1. Service will be provided to the users of the system in accordance with the terms of these regulations. No user

shall be provided service without payment of sewer service charges in proportion to the service available to such user. No one, including the Village shall subsidize the cost of operating, maintaining or replacement of a public wastewater system.

SECTION D. USER CHARGE

1.  User charges shall be determined on the basis of Equivalent Dwelling Units (EDU). The monthly user fee shall be calculated based on the following criteria:

2.  The monthly charge per EDU shall be $35.00

SECTION E. BILLING PROCEDURES

1.            The sewer service charges established by these regulations shall be billed after the service is rendered. The Village shall bill for sewer service by the first day of the following month.

2.            Bills shall be mailed to the owner of the property at the mailing address of the property serviced unless the owner shall, in writing, request the bill be sent to a different mailing address of the owner. Bills shall not be sent to a lessee of the property. In the case where the land is separately owned from the building, the bill shall be sent to the mailing address of the owner of the land.

3.            Any property connected to a public wastewater system after the beginning of the month shall be charged a full months charge.

SECTION F. CHANGES OF ADDRESS OR OWNERSHIP

1.            Upon the change of his or her mailing address, an owner of property served by a public wastewater system shall inform the Village, in writing, of the change. Failure to inform the Village of a change of address shall not excuse an owner from any payment penalties incurred because of the failure to report an address change.

2.            Prior to the sale of a property, the present owner shall contact the Village to arrange for proration of the final bill. The final bill shall be sent to the mailing address specified by the present owner. Failure of a previous owner to comply with this part shall not excuse the new owner from responsibility for any and all delinquencies certified pursuant to the Ohio Revised Code, current charges or penalties remaining unpaid by the previous owner.

3.            Prior to the sale of a property, the purchaser shall contact the Village to arrange for a proration of the first bill and to inform the Village of the mailing address of the new owner. Failure to comply with this part shall not excuse the new owner from responsibility for any and all delinquencies certified pursuant to the Ohio

Revised Code, current charges or penalties remaining unpaid by the previous owner.

SECTION G. PAYMENTS AND PENALTIES

1.  The sewer service charge bill shall be due no later than the 15th day of each month by 5 PM. If the 15th day of the month falls on a Sunday or holiday, the sewer service charge bill shall be due the next business day.

2.  Cashier’s check, checks and money orders shall be paid to the Village of Belmore.

3.  Payments sent by mail and postmarked by the 15th day of the month will be accepted without the imposition of a payment penalty. If the 15th day of the month falls on a Sunday or holiday, the payment sent by mail must be postmarked no later than the next business day.

4.  Payments received or postmarked after the 15th day of the month shall be subject to a payment penalty of ten (10) dollars each month until paid. Payments that are sixty (60) days late shall be subject to a disconnection of sewer service on the sixteenth (16) of the following month. The Village shall require a reconnection fee of twenty five (25) dollars plus any expenses incurred by the Village.

5.  A bill that remains unpaid for six months will be turned over to the Putnam County Auditor to be collected on the real estate taxes as a sewer assessment.

6.  If a bank should return a check for insufficient funds, an account will be subject to an insufficient funds charge of thirty ($30.00) dollars.

7.  If a person has two checks returned for insufficient funds, the Village may require all future payments to be made in cashier’s check or money order, along with being turned over to the Sheriff.

8.  Upon the claim of a person that the return of a check for insufficient funds was a bank error, the Village may waive an insufficient funds charge and/or accept payment by check if the bank supplies adequate documentation of its error.

9.  Generally, a person should contact the Village if he or she fails to receive a bill by the 10th day of each month. Upon a claim of a person that a bill was not received:

a.            If the records of the Village show the bill was duly mailed to the last reported mailing address, the person shall be responsible for timely payment of the bill.

b.            If the records of the Village show the bill was not duly mailed to the last reported mailing address, the Village may either:

1.  Issue a bill due ten (10) days from the date of mailing; or

2.  Add the unpaid charge to the following month's bill without a penalty.

10. In utilizing the U.S. Postal Service for delivery of their payment of a sewer service charge, users assume responsibility for any failure of the U.S. Postal Service to deliver the payment to the Village. Accordingly the Village shall not waive payment penalties for any person claiming that the U.S. Postal Service failed to deliver a payment.

SECTION H. DELINQUENCIES

1. Any unpaid billings, together with accrued penalties, shall be semi-annually certified to the Putnam County Auditor, pursuant to the Ohio Revised Code, who shall place such delinquencies upon the real property tax duplicate for the property receiving wastewater service. Such delinquencies shall be a lien upon the property from the date the delinquency is placed upon the real property tax duplicate and shall be collected in the same manner as other real estate taxes. Failure to pay delinquencies certified may result in a foreclosure of the property by the Putnam County Prosecutor. This part shall be in addition to all other collection remedies provided by law including an action in small claims court.

SECTION I. OTHER CHARGES BY AGREEMENT

1. The Village may, in special cases, establish additional charges for wastes of unusual strength or composition that are accepted for treatment by a public wastewater system

SECTION J. VOLUNTARY DISCONNECTION OR RECONNECTION

1.            A user who certifies his or her building is not habitable may request the Village to       disconnect a building from a public wastewater system.   

2.            Applications shall be made by submitting the Disconnection Form (Exhibit B) to the Village Clerk. Upon submission of a completed form, the Village may, at its discretion , remove or close the sewer connection, remove any publicly owned equipment.                                                                                                                                                                                      a) A user may apply to have vacant properties disconnected from the public                             wastewater system according to the following procedure:                                            1.     Submitting a request to the Village to disconnect a building from a                          public wastewater system by execution of the Disconnection Form                                    (Exhibit B). Said request shall constitute the owners certification that                              the property is vacant.

3.            Upon receipt of the items detailed in Section J(2)(a)(1) the Village may close the sewer connection.

4.            Properties certified as vacant shall continue to incur a bill of $17.50 per month.                                                                                                                                                            5.     Vacant building shall not be utilized for human occupancy until the owner of the premises certifies in writing to the Village that the property is no longer vacant. Certification shall be made in accordance with Section J(6) below.                                                                                                                                                                                                     a) Violation of this section shall result in the property being reconnected under the              provisions of Section 1. A., and all other remedies under Ohio law.                                                                                                                                                                             6. A person who disconnects from a public wastewater system, or a subsequent owner of a property disconnected , may later request to be reconnected by completion and submission to the Village Clerk of the Connection Permit Form (Exhibit A) in accordance with Article 1, Section B of this regulation. Upon approval by the Village Inspector, the Village shall reopen sewer connections, replace publicly owned equipment.                                                                                                                                                                                                    7.  The charge for reconnection shall be assed, commensurate with the work to be performed and shall be paid to the Village before performance of the work.                                                                                                                                                                                             8.  The owner or representative shall be present at the time of disconnection or reconnection in order to provide necessary access.                       

SECTION K. TAP-IN-FEES

1. For new connections to the Village STEP system, a connection charge or tap-in-fee shall be assessed at the time of permitting. The Tap-in-fee shall be assessed per the following rate schedule:

   a)  Tap-in fees are to be actual cost. The Village will provide a list of approved contractors.                Only Village approved contractors are allowed to work on STEP, wastewater system. All                fees and inspections will be payed before any work is performed.

III. MISCELLANEOUS

SECTION A. LIBERAL INTERPRETATION

1. These regulations shall be interpreted liberally to effectuate its broad remedial purpose of protection of the public health, safety and welfare. Absent a showing of actual abuse of discretion, the Village's interpretation of these regulations shall have a strong presumption of validity.

SECTION B. GRIEVANCES AND APPEALS

1.            Any user aggrieved by a decision of the Village under these regulations may file a written grievance with the Village. The written grievance shall set forth the substance of the Village's decision and the basis of the user's complaint.

2.            The Village shall investigate the grievance and issue a written determination. The determination should include the following:

a.  Name, address and location of the premises of the user;

b.  A summary of the user's claim;

c.  A summary of the facts revealed by the Village's investigation;

d.  An interpretation of any applicable regulation, law or policy;

e.  A notice of the user's right of appeal to the Village.

f.   A copy of this grievance and appeal procedure.

3. No legal action in the courts of the state or federal government shall be initiated by any user until completion of this administrative remedy.

SECTION C. ENFORCEMENT AND PENALTIES

1.            Upon the violation of any provision of these regulations, the Village shall serve written notice by actual delivery or certified mail upon the user. Such written notice shall adequately state the nature of the violation and provide at least ten (10) days for the correction of the violation, unless the Village finds a shorter period is required to protect the public health, safety or welfare.

2.            Upon failure to correct the violation within the specified time limit, the Village may file in any court of competent jurisdiction an action for injunctive relief, civil damages and/or penalties.

3.            The following civil penalties shall apply for the violation of the following provisions of this regulation: a. Twenty-five dollars ($25) for each day of violation after the time limit specified by the Village in its notice for each of the following sections:

I. WASTEWATER SYSTEM REGULATIONS, SECTION E, PARAGRAPH 1, DISCHARGES TO

A PUBLIC WASTEWATER SYSTEM

b. Fifty dollars ($50) for each day of violation after the time limit specified by the Village in its notice for each of the following sections:

I. WASTEWATER SYSTEM REGULATIONS, SECTION A, ALL PARAGRAPHS, USE OF

PUBLIC WASTEWATER SYSTEMS REQUIRED

c. One thousand dollars ($1000) for each day of violation after the time limit specified by the Village in its notice for each of the following sections:

I. WASTEWATER SYSTEM REGULATIONS, SECTION E, DISCHARGES TO A PUBLIC WASTEWATER SYSTEM, PARAGRAPH 3.

I. WASTEWATER SYSTEM REGULATIONS SECTION N, PRETREATMENT REPORTING 

I. WASTEWATER SYSTEM REGULATIONS, SECTION E, DISCHARGES TO A PUBLIC WASTEWATER SYSTEM, PARAGRAPH 4.

I. WASTEWATER SYSTEM REGULATIONS, SECTION A, PROHIBITED NONRESIDENTIAL DISCHARGES, PARAGRAPH 1.

4. In addition to the foregoing civil penalties, the Village may recover civil damages for any expense, loss or damage, including attorney's fees, occasioned by a user's violation of these regulations.

SECTION D. INVALIDITY AND SEPARABILITY

1. Invalidity of any section, clause, sentence or provision in this Ordinance shall not affect the validity of any other section, clause, sentence or provision of this Ordinance or subsequent Ordinances

SECTION E. REPEAL OF CONFLICTING ORDINANCES

1. All Ordinances or parts of Ordinances, or regulations or parts of regulations, in conflict with this Ordinance are hereby repealed.