Lake Station City Zoning Code

(a)

The city may regulate the furnishing of water to the public. It may also establish, maintain, and operate waterworks.

(b)

The board of public works and safety may erect, maintain, and operate works for the collection, treatment, and disposal of sewage.

The board of public works and safety shall have the authority to appoint any and all employees of any utility owned by the city, including the water department and the sewer department.

(a)

Application. This schedule shall apply to every parcel of real estate within the boundaries of the City of Lake Station.

(b)

Definitions. For the purposes of this schedule, the following terms shall have the specified meaning:

(1)

Residential customers. Residential customers shall be those properties located within the City of Lake Station that are improved, which results in impervious area and have the Lake County Property Tax Code classifications 141, 149, and 500 through 599.

(2)

Non-Residential customers. Non-residential customers shall be those properties located within the City of Lake Station that are improved, which results in impervious area and have Lake County Property Tax Code classifications not used to designate a residential customer in subsection (b)(1) above.

(3)

Non-improved parcel customers. Non-improved parcel customers shall be those properties located within the City of Lake Station that may be residential or non-residential as determined by the Lake County Property Tax Code classification but have not been improved and as a result have no impervious area.

(c)

Establishment of rates. The city shall assign each owner of a parcel of real estate a classification as to whether such owner is a residential non-residential or non-improved parcel customer as to that parcel. The owner of each parcel of real estate in the City of Lake Station shall pay an annual stormwater fee as follows:

(1)

Residential customers: One hundred dollars ($100.00) annually.

(2)

Non-residential customers: Two hundred dollars ($200.00) annually.

(3)

Non-improved parcel customers: Fifty dollars ($50.00) annually.

(d)

Payment of user fees. The user fees prescribed in this schedule shall be collected through a charge appearing on the semiannual property tax statement of each affected property owner of the district. One-half of the annual fee will appear on each semiannual property tax statement. The fees shall be imposed and first collected through the semiannual property tax statement for tax year 2011 payable in 2012, first installment, and continue semiannually thereafter.

(Ord. No. 2012-2, §§ 1—4, 3-15-2012)

There shall be and there are hereby established for the use of, and the service rendered by, the Water Works System of the City of Lake Station, the following rates and charges, based on the use of water supplied during each monthly billing period:

(1)

Consumption per month.

(2)

Base charges. Each user shall pay a base charge in accordance with the size of meter installed.

(3)

Suburban surcharge. For metered water service outside corporate limits:

Phase adjustments: Phase I rates shall be effective May 1, 2012 through April 30, 2013. Phase II rates shall be effective May 1, 2013 through April 30, 2014. Phase III rates shall be effective May 1, 2014 and thereafter.

(4)

Public fire protection. The amount to be paid by the City of Lake Station for fire hydrant rental shall be three hundred seventy-two dollars and sixty-five cents ($372.65) per hydrant per year.

(5)

Private fire protection.

(6)

Public drinking fountains.

Per fountain per year: Ninety-five dollars and fifty-five cents ($95.55).

(7)

Well maintenance. Funds shall be earmarked for the sole purpose of a regular scheduled well cleaning and maintenance program in a sum consistent with services rendered.

(8)

Tap fee calculation. Each user at the time that they connect to the water works system using a 5/8 - or ¾-inch meter shall pay the following costs:

The charge for a tap larger than the 5/8 - or ¾-inch meter tap shall be the cost of labor, materials, power machinery, transportation and overhead incurred for installing the tap, but shall not be less than the 5/8 - or ¾-inch long service meter tap.

(9)

Collection and deferred payment charge. All bills for water service not paid within fifteen (15) days from the due date thereof shall be stated in such bills and be subject to a collection or deferred payment charge of ten (10) percent on the first three dollars ($3.00) and three (3) percent on the excess over three dollars ($3.00).

All checks for payment of bills, which are not honored, shall be subject to a charge of twenty-eight dollars ($28.00).

(10)

Temporary users. Water furnished to temporary users, such as contractors, circuses, etc., shall be charged on the basis of the metered rates hereinbefore set forth as estimated and established by the waterworks superintendent.

(Ord. No. 77-28, § 1, 8-22-77; Ord. No. 80-47, 10-2-80; Ord. No. 96-19, § 1, 7-18-96; Ord. No. 2002-11, 11-21-2002; Ord. No. 2003-17, § 1, 3-4-2004; Ord. No. 2004-27, § 1A, 9-16-2004; Ord. No. 2006-18, 6-15-2006; Ord. No. 2007-12, 8-16-2007; Ord. No. 2012-01, § 1, 2-2-2012; Ord. No. 2012-06, § 1, 4-19-2012)

The following rules and regulations are adopted for the operation and maintenance of the water department and for the furnishing of services and facilities. A copy of all rules and regulations and of rates under which water service shall be supplied and furnished shall be posted or be on file in the office of the water department and with the public service commission of the state and available for public inspection.

(Ord. No. 54-332, 5-18-54; Code § 921.02)

(a)

A written application and contract for water service, properly executed, shall be required from each customer before the water department, also known as the department of waterworks, shall be required to furnish the service and supply water, provided however, that the water department shall have the right to reject any application therefor where the applicant shall have failed, neglected or refused to comply with any and all of the provisions of the city ordinances now in effect or hereafter adopted providing for building, zoning, plumbing, electrical, health, sanitary and safety codes or regulations, or for any other valid reason. Where the furnishing of water requires the installation of a new service line from the main to the premises of the applicant, including the meter, the applicant shall enter into a service installation contract with the water department whereby the applicant agrees to pay the entire cost of such water service installation in the manner and in such amount as determined by such contract. No contract shall be changed or modified except in writing. The benefits and obligations under any contract for the supply of water shall begin with the commencement of the supply of water thereunder, and shall inure to and be binding upon the successors, assigns, survivors, executors or administrators, as the case may be, of the original parties thereto for the full term thereof, provided that no assignment thereof shall be made by the customer or any successor, assignee, survivor, executor or administrator without first obtaining the department's written consent to any such assignment.

(b)

Neither the water department or any of its employees shall be liable for any failure or delay in performance under any service contract where such failure or delay shall be caused in whole or part by reason of strikes, acts of God, unavoidable accidents, or other contingencies and in no manner due to any fault, neglect, or omission of, or its employees. The provisions of section 9-22 shall also apply.

(c)

Whenever it shall be necessary to go across, under or through private property to install and maintain a water supply line, the customer shall obtain from the property owner or owners the necessary consent and release forms approved and accepted by the department authorizing the department to install and maintain on, over, under or through all such private property of all such piping or equipment as may be necessary or convenient for supplying such water service. The department shall not be required to run any water line across, through, on, over or under any private property other than the customer's property to furnish water service.

(d)

The "Water Service Application and Contract" shall be in the following form:

WATER SERVICE APPLICATION AND CONTRACT

WATER DEPARTMENT

City of Lake Station, Indiana

Date _______ Deposit Receipt No. _______ Amount $_______

Name _______ Billing Address _______

Service Address _______ Employment _______

Telephone _______ Social Security No. _______

Property Owner _______ Yes _______ No _______

Application is hereby made to the water department of the City of Lake Station, Indiana, and this contract is hereby executed by the customer for water service to be furnished to the premises indicated above. Said premises are to be used as a(n) _______. Customer agrees (a) to abide by all the rules and regulations of the DEPARTMENT; (b) to be responsible and pay for all water furnished to the above premises; (c) that all billings of the DEPARTMENT are due within seventeen (17) days of the billing date and that all accounts delinquent thereafter shall be subject to an additional charge pursuant to the rules and regulations of the DEPARTMENT; (d) that service will be subject to termination on all accounts not paid within thirty (30) days of the billing date; (e) that the meter furnished by the DEPARTMENT is, and shall remain, the property of the DEPARTMENT and the DEPARTMENT'S agents shall have access to the meter at all times, to read, repair, lock off, seal or remove same; (f) that the DEPARTMENT'S agents shall have access to the meter, pipes and appliances at all times to ascertain that the service supplied is flowing through the meter and that the meter is properly registering same, and to terminate the supply of service for non-payment of bills as required, for any service furnished to the customer at said premises, or elsewhere, or for any other lawful cause or purpose which the DEPARTMENT may deem sufficient, and said agents are hereby authorized to enter the premises of the customer at all times for any such lawful cause or purpose, or for the purpose of disconnecting or adjusting the meter or appliances, or for the purpose of removing the meter, with connection, or any other property belonging to the DEPARTMENT, but nothing herein contained shall mean, or be construed to mean, that the DEPARTMENT shall be required to inspect or examine, or in any manner be responsible for the condition of the pipes or appliances on the premises of customer; and (g) in the event the customer shall fail to comply with the terms and conditions hereof the DEPARTMENT of the City of Lake Station shall be entitled to recover all delinquent fees, charges, assessments and all reasonable attorney fees and expenses incident thereto, all without relief from valuation and appraisement laws.

(Ord. No. 54-332, 5-18-54, Code § 921.03)

(a)

All water mains placed in the geographical boundaries of the City of Lake Station shall have prior written approval from the board of public works and safety before the excavation and placement of any water lines.

(b)

All new residential subdivision water supply mains shall be a minimum of six (6) inches in diameter and all commercial lines shall be a minimum of eight (8) inches in diameter. When present mains are replaced, they shall conform to the new size requirements unless specific written permission is obtained from the board of public works and safety for any other size variance.

(Ord. No. 82-26, 6-3-82)

(a)

(i)

The city water department shall require from a property owner applicant a security deposit for water service, based upon the following schedule:

(ii)

The city water department shall require from a tenant applicant a security deposit for water service, based upon the following schedule:

(b)

For multifamily dwellings and for structures containing two or more separate businesses or commercial activities, and where such dwellings or structures are to be served by a single meter, the security deposit shall be an amount equal to the product of multiplying the number of families or businesses at the premises times the security deposit determined by meter size in the above and foregoing schedule.

(c)

A security deposit shall be held as security for the payment of any and all charges and indebtedness which may be incurred by the depositor for water and/or sewer service furnished by the city to the subject premises.

(d)

Should any invoice addressed to the customer at the subject premises remain unpaid for more than thirty (30) days after the date of mailing, or for thirty (30) days after the date of a final invoice mailed after a discontinuance of water service, the amount of such invoice remaining unpaid shall be deducted from said security deposit, and the balance of said security deposit then remaining, if any, shall be refunded to the depositor at his last known mailing address.

(e)

Any such security deposit held by the city water and sewer utilities department for more than five (5) years shall be return to the depositor thereof or his assignee, without interest, provided however, that water and sewer invoices for the subject premises shall have been consistently paid in a timely manner.

(f)

Any tenant security deposit is nonrefundable prior to discontinuance of water sewer.

(Ord. No. 2003-17, § 3, 3-4-2004; Ord. No. 2006-17, 6-15-2006)

Editor's note— Ord. No. 2006-17 adopted June 15, 2006, enacted provisions intended for use as subsection (g) of section 9-13. To preserve the style of this Code, and at the editor's discretion, subsection (g) was redesignated as subsection (f).

(a)

Unless otherwise specified in the contract between the water department and the customer, or by any rules and regulations now in effect or hereafter adopted, the water supplied shall be measured by a meter or meters of standard manufacture furnished and installed by the department on the customer's premises.

(b)

Meters shall be installed as soon as practicable for each user and consumer and where water is supplied to two (2) or more distinct buildings, each building shall be a distinct and separate user and consumer. Until such time as meters shall have been installed, each distinct building shall be billed and charged for water furnished and used at the minimum monthly rate.

(Ord. No. 54-332, 5-18-54, Code § 921.05)

The customer shall provide near the service entrance or in the basement, at no cost or expense to the water department, a place satisfactory to the department for its meters or other appliances furnished and supplied by the department.

(Ord. No. 54-332, 5-18-54, Code § 921.06)

Each applicant or customer for service shall at his own expense equip his main supply line with an accessible compression stop and waste cock just inside the foundation wall and all piping and attachments therefor, all of which shall be constructed and maintained by the customer at his own expense subject to the approval of the water department and in accordance with its rules and regulations from time to time in effect, and also subject to the provisions of the building code.

(Ord. No. 54, 5-18-54, Code § 921.07)

Each applicant or customer for water service shall, upon request of the water department, present in writing a list of all devices or fixtures which are to be attached to the water lines and such other information as shall be required. The water department shall, based on such information furnished, determine the form and character of the supply available.

(Ord. No. 54-332, 5-18-54, Code § 921.08)

(a)

The water department shall locate the point to which service connection shall be made and will furnish and run the service to the curb line, inside line of sidewalk, or customer's property line, whichever in the department's judgment will provide the most convenient, safe and satisfactory location for curb stop and service box.

(b)

All pipe and connections for service runs between the main line and the customer's meter, or between the main line and the inside of the basement of the customer's building or premises, shall conform with the building code and shall be of copper or pipe of other nonferrous material suitable for the purpose intended.

(c)

A charge to be paid by the customer and based on the service installation contract shall be made on all service runs which may be made by the water department from the main into the customer's premises. The department reserves the right to install all service runs. When service runs are made by others with the consent of the water department, such installations shall not be covered until the work has been approved by the department.

(Ord. No. 54-332, 5-18-54, Code § 921.09)

Except as provided otherwise, all charges for water furnished, other than the minimum charge, flat rate charge or contract charge, if any, shall be calculated upon the registration of the meter or meters installed.

(Ord. No. 54-332, 5-18-54, Code § 921.10)

Whenever it shall be discovered that a meter is not recording correctly, adjustment shall be made covering any inaccuracy in accordance with such applicable rules and standards of the Public Service Commission as may be in force and effect from time to time, and if none, then in accordance with such rules and standards as shall be determined by the water department, or the customer shall be charged at the rate of average consumption registered by such meter before such meter became out of repair.

(Ord. No. 54-332, 5-18-54, Code § 921.11)

The properly authorized agents of the water department shall have the right to enter upon the premises of the customer at all reasonable times for the purpose of reading the meters, inspecting, repairing or replacing the department's appliances used in connection with the water service and removing the same on the termination of the contract or the discontinuance of the water service.

(Ord. No. 54-332, 5-18-54, Code § 921.12)

The water department shall not be responsible for damages to any customer for any failure to supply water or for interruption of such service where such failure or interruption is not due to active, willful default and negligence on its part. The department shall not be liable for damages because of any interruption of the water supply or for damages caused by defective piping and appliances on the customer's premises. The department shall not be liable for damages resulting to customers or to third parties from the presence or use of water or of the department's appliances on the customer's premises when due to any contributory negligence on the part of the customer or such third party.

(Ord. No. 54-332, 5-18-54, Code § 921.13)

The water department reserves the right to shut off the supply of water without notice for any of the following reasons:

(a)

For repairs;

(b)

For want or failure of water;

(c)

For interference or tampering by anyone other than an authorized agent of the department with any of the department's curb cocks, meters, appliances or connections thereto located on or adjoining the premises of the customer;

(d)

For failure of the customer to comply with the terms of the contract; however, such discontinuance shall not invalidate any existing contract and the department shall have the right to enforce any contract notwithstanding such discontinuance;

(e)

For failure to pay a water bill delinquent for more than thirty (30) days from the due date thereof;

(f)

For failure or refusal to comply with all rules and regulations contained in this chapter;

(g)

For the wasting, improper or unlawful use of water either by use of defective or improper fixtures and equipment or by use of the water supply for restricted purposes or during restricted hours.

(Ord. No. 54-332, 5-18-54, Code § 921.14)

The service connections, meters and appliances supplied by the water department have definite capacity and no substantial addition to the water consuming equipment or appliances connected thereto shall be made except upon written request to and with the written consent of the department.

(Ord. No. 54-332, 5-18-54, Code § 921.15)

(a)

Bills for water furnished shall be rendered monthly and shall be payable at the office of the water department during regular business hours.

(b)

All water bills, excepting rental charges for fire hydrants, shall be due on or before the fifteenth (15) day of the month following the month in which the billed water was used.

(c)

Failure to receive a water bill shall not excuse the customer from paying the delinquent penalty after the due date of such bill, nor shall it effect the right of the department to shut off and discontinue service for nonpayment of a bill as provided above.

(Ord. No. 54-332, 5-18-54, Code § 921.16)

The water furnished shall be for the use of the customer and for his premises to which service has been connected and no customer shall re-sell any of such water furnished nor shall he extend such water service to any other buildings or premises without first obtaining the written consent of the water department and complying with such terms and conditions as shall be determined by such department.

(Ord. No. 54-332, 5-18-54, Code § 921.17)

All meters or other appliances and equipment furnished by and at the expense of the water department or acquired from a customer or other person by the department which may at any time be on the customer's premises shall, unless otherwise expressly provided for in writing, be and remain the property of the department. It shall be the customer's duty and each customer shall protect such property from freezing, loss or damage by heat or otherwise. No person other than an authorized agent of the water department shall be permitted or have the right to remove or tamper with any property of the department in any way whatsoever. No cross-connections with other sources of supply shall be made.

(Ord. No. 54-332, 5-18-54, Code § 921.18)

No person shall take water from any fire hydrant except for fire purposes. Water, except for ordinary business and domestic usage and consumption, shall not be permitted or furnished by the water department except by permit issued by the department to any consumer for the use in supplying an air conditioning unit or system or for any operation which may require the use and consumption of large quantities of water, unless the department first determines that there is a sufficient supply of water available for such purpose or purposes and unless and until a proper service line and meter as determined by the department shall have been installed. Water for sprinkling purposes may be restricted whenever necessary during any emergency or water shortage.

(Ord. No. 54-332, 5-18-54, Code § 921.19)

Whoever violates any provision of this article shall be subject to the penalties set forth in section 1-9 of this Code.

The following area shall be known as Sewer District "A" and established as follows:

(a)

All of the NE ¼ Section 20, Township 36 North, Range 7 West of the 2nd P.M., North of Deep River and above elevation 603, containing 75.4 acres.

(b)

The East 793.14 feet of the NE ¼, NW ¼ of Section 20, Township 36 North, Range 7 West of the 2nd P.M. containing 24.2 acres.

(c)

The SE ¼, NW ¼ Section 20, Township 36 North, Range 7 West of the 2nd P.M. containing 40 acres.

(d)

The SE ¼, SW ¼, NW ¼ Section 20, Township 36 North, Range 7 West of the 2nd P.M., containing 10 acres.

(e)

The N ½, SW ¼ Section 20, Township 36 North, Range 7 West of Deep River and elevation 610, containing 70.5 acres.

(f)

The S ½, SW ½ Section 20, Township 36 North, Range 7 West of Deep River and above elevation 613, containing 23.0 acres.

(Ord. No. 82-3, 2-18-82)

The costs of improvements and all expenses incidental thereto including construction, engineering and easement acquisition were paid from the cumulative sewer fund and said fund shall be reimbursed in the following manner:

(a)

The 33 lots in the East 793.14 feet of the NE ¼, NW ¼ of Section 20 that were provided house connections will pay five hundred thirty-six dollars ($536.00) per tap to cover their share of the local sewer cost and house connection cost as per agreement with the Developer of the Golden Meadows Subdivision.

(b)

All other existing lots in District "A" will pay the regular two hundred forty dollar ($240.00) sewer tap fee to cover their share of general sewer facilities and maintenance.

(c)

All unsubdivided acreage will be responsible for their own local sewers and this connection to existing gravity sewers or to the lift station. Their only charge will be the regular two hundred forty dollar ($240.00) tap on fee.

(d)

Any subdivided lots in Sewer District "A" that do not have local sanitary sewers will be responsible for their own local sewers at their own expense plus the regular two hundred forty dollar ($240.00) tap on fee.

(Ord. No. 82-3, 2-18-82)

Whenever the following words are used in the article they shall have the meanings respectively ascribed to them in this section.

(a)

Sanitary sewage means sewage containing human excrement.

(b)

Waste water means the same as domestic sewage, which is defined as sanitary sewage derived principally from dwellings, business buildings and institutions.

(c)

Industrial waste or trade waste means liquid wastes from industrial processes.

(d)

Storm water means the excess water from rainfall or continuously following therefrom.

(e)

Surface water means the same as "storm water," but is defined as the water other than rainfall flowing on or over the surface of the ground.

(f)

Single-family dwelling means a building used for living quarters by only one (1) family at a time.

(g)

Multiple-unit dwelling means a building used for living quarters by more than one (1) family at a time.

(h)

Commercial and/or factory building means a building used for some purpose other than living quarters.

(Ord. No. 59-371, 5-7-59, Code § 941.02)

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect charges or rentals upon all lots, lands and premises served by having connections with the sanitary sewerage system and by the sewage pumping, treatment and disposal works of the city. The proceeds of such charges or rentals so derived shall be for the use of the sanitary and storm sewerage system and the pumping, treatment and disposal works of the city.

(Ord. No. 64-434, 6-4-64, Code § 941.02)

For the purposes in section 9-57 and 9-43, there is levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewerage system of the city, or otherwise discharging sewage, (industrial wastes, water or other liquids) either directly or indirectly into the city sanitary sewerage system or where the sanitary sewerage system rate or charge, payable as hereinafter provided and in amount determinable as follows:

(a)

Except as herein otherwise provided, sewerage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges, as the same is measured by New Chicago and the City of Lake Station water meters thereby in use. Water meters will be read monthly and sewage bills rendered quarterly.

(b)

The water usage schedule on which the amounts of said sewage rates and charges shall be determined to be as follows:

The minimum charge for any non-metered user, where the user is not a New Chicago or City of Lake Station metered water consumer, shall be based on usage of an average single family and shall be set at $29.43 per quarter.

The minimum charge for any user, where the user is a City of Lake Station or New Chicago metered water consumer, shall be based upon the meter sizes as follows:

The charge for sewage service where the user is not a City of Lake Station or New Chicago metered water customer shall be as follows:

(c)

In order that the domestic and residential uses of sewage services shall not be penalized for the sprinkling of lawns during the months of July, August and September the billing for sewage service for residence and/or domestic users for the months of July, August and September shall be based upon the water usage for the previous months of October, November, and December. In the event the water usage for said previous months of October, November, and December is greater than the water usage of said months of July, August and September, then the billing for sewage service shall be computed on the actual water used in the month for which the sewage service bill is being rendered. Domestic and/or residential sewage service, as applicable to the sprinkling rate, shall apply to each lot, parcel or real estate or building which is occupied and used as a residence. Said sprinkling rate shall not apply to any premises which are partially or wholly used for industrial or commercial purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate meter, and in such case, the water usage as registered by the water meter serving such portion of the premises used for residential purposes would qualify under the sprinkling rate.

(d)

In addition to the rate or charge or charge specified herein, a surcharge of ten (10) percent of such amount shall be added in the event payment for sewer utility service is not received by the city water and sewer utilities department within fifteen (15) days after the date the invoice therefor is mailed.

In the event the fifteenth day after the mailing of the invoice falls on a Saturday, Sunday, or legal holiday, payment thereof shall be due by the next following business day.

(Ord. No. 81-26, § 1, 9-3-81; Ord. No. 88-41, § 1, 11-3-88; Ord. No. 2003-17, § 2, 3-4-2004)

(a)

For any lot, parcel of land, building or premises situated within the city, and which lot, parcel of land, building or premises is not now discharging sanitary sewage into the sewerage system of the city, and which lot, parcel of land, building or premises is situated and located on a street in the city upon which the sanitary sewerage system will in the future extend the district or trunk sewer system, and whose owner or owners will at such time desire to connect such lot, parcel of land, building or premises and tap onto such district or trunk system shall pay the amount of six hundred forty dollars (640.00) for such permit to do so.

(Ord. No. 88-41, § 1, 11-3-88)

(b)

All of the above rates and charges shall apply to any and all users of the Lake Station Sewer System.

(Ord. No. 88-41, § 1, 11-3-88)

It shall be unlawful for the owner or owners of any lot, parcel of land, building or premises situated within the limits of the city to discharge any industrial waste, rain water or other waste water, either directly or indirectly, into the City sanitary sewerage system.

(Ord. No. 59-371, 5-7-59, Code § 941.05)

For any lot, land, building or premises from which a connection is made with the city sanitary sewerage system, or which begins to discharge sewage into the city sanitary sewerage system, either directly or indirectly, a charge shall be made pursuant to this article, the same to be a per diem pro rata amount based upon the monthly charge or rental for such building or premises as fixed in section 9-58 subsections (a) to (c).

(Ord. No. 59-371, 5-7-59, Code § 941.06)

The charge or rental levied and assessed by this article shall be payable in monthly installments as provided in section 9-58, subsections (a) and (c), provided that the amount of the rental payable for any lot, land, building or premises at the first payment period shall be determined on the basis of a per diem proratement of the charge or rental herein established, beginning on the date such sewer connection is made, until the next regular monthly payment period becomes due.

(Ord. No. 59-371, 5-7-59, Code § 941.07)

Such charge or rental levied by or pursuant to this article is made a lien upon the corresponding lot, land or premises served by connection to the sanitary sewerage system of the city. If the same is not paid after it shall be due and payable as provided in this chapter, it shall be certified to the Auditor of Lake County, Indiana, on January 1 and July 1 of each year, who shall place the same on the tax duplicate of such county with interest and penalties allowed by law and be collected as other taxes are collected, or the lien, together with the penalties and charges, may be foreclosed as provided by law, with reasonable attorneys' fees for foreclosing the same.

(Ord. No. 59-371, 5-7-59, Code § 941.08)

The charges or rentals levied pursuant to this article shall be collected at the water department of the city. The superintendent of such water department, or such other person as designated by the board of public works and safety under the direction of the board of public works and safety of the city, shall make and enforce such by-laws and regulations as may be deemed necessary for the safe, economical and efficient management and protection of the city sewerage system and the sewage pumping, treatment and disposal works, for the construction and use of house sewers and connections to the sewerage system, and for the regulation, collection, rebating and refunding of such charges or rentals of the sewer department.

(Ord. No. 59-371, 5-7-59, Code § 941.09)

The funds received from the collection of the charges or rentals authorized by this article shall be deposited daily with the clerk-treasurer and shall be accounted for and known as the sanitary and storm sewer fund. Such fund shall be available for the payment of the monthly rental due the city, for the treatment of the sanitary sewage, together with the cost and expense of the management, maintenance and repair of the city's sanitary sewerage system and the sewage pumping, treatment and disposal works, and the excess, if any, for the construction, enlargement or replacement of such sanitary sewerage system, storm sewerage system, pumping treatment and disposal works.

(Ord. No. 64-434, 6-4-65, Code § 941.10)

(a)

The city, through its board of public works and safety, may enter into written agreements for the treatment of the sewage material of the city.

(b)

Such contracts must be approved by the board of public works and safety and the common council.

Editor's note— Ord. No. 82-21 was passed by the Common Council on April 15, 1982. It approved a contract between the Gary Sanitation District and the City of Lake Station.

(a)

A cumulative sewage treatment, storm sewer and disposal plant fund is established for the following purpose: for the purpose of providing funds for the planning, erection, remodeling and extension or repairing of sewage disposal plants and sewers to convey sanitary sewage to such plants, or for the construction of storm sewers and remodeling, repairing or extension of the same and for relief sewers and drains in the aid of the sanitary system or storm sewers or for any or all of the above-enumerated municipal undertakings.

(b)

The City of Lake Station does hereby levy an additional tax at the rate of fifty cents ($0.50) for each one hundred dollars ($100.00) of taxable real property within the present City of Lake Station taxing district to provide monies for said cumulative sewage treatment, storm sewer and disposal plan fund. Said tax to be first levied in 1978 payable in 1979 and thereafter for a total period of ten (10) years to expire in 1988 as provided by Chapter 146, of the Acts of the 1967 Indiana General Assembly, and all acts amendatory thereof and supplemental thereto.

(Ord. No. 78-29, §§ 1, 2, 10-5-78)

The modified user fees and charges as requested by the Board of Commissioners of the Lake Station Sanitary District, as set forth below, are approved, with Phase I to be effective immediately upon passage to be paid by any user of the sewage system and the owner of every parcel of real property or building that is connected with or uses the sewage collection system of the district.

SCHEDULE OF USER FEES

The above fees as increased by the wholesale sewage tracker, shall be increased by three (3) percent on January 1 each year beginning January 1, 2013.

⁽¹⁾ Per Rate Ordinance No. 2009-01, adopted March 5, 2009.

⁽²⁾ Per the Umbaugh rate report dated December 1, 2008.

⁽³⁾ Based on 5,000 gallons.

⁽⁴⁾ Includes $0.56 tracker per 1,000 gallons per Resolution No. 2011-16 adopted December 9, 2011 (original number was $5.37).

⁽⁵⁾ Based on 5,000 gallons, including $0.56 tracker per 1,000 gallons per Resolution No. 2011-16 adopted December 9, 2011 (original number was $43.25)

Outside customer surcharge, per month .....$5.50

_____

SCHEDULE OF LOADING SURCHARGES ⁽¹⁾

CBOD for concentrations greater than 170 mg/l .....$0.12/pound

Suspended solids for concentrations greater than 200 mg/l .....$0.31/pound

Ammonia for concentrations greater than 25 mg/l .....$0.13/pound

Phosphorus for concentrations greater than 7 mg/l .....$1.65/pound

_____

SCHEDULE OF PRETREATMENT CHARGES ⁽¹⁾

Surveillance charge per test/sample .....$400.00

Application fee .....$100.00

Permit fee .....$550.00

Permit renewal fee .....$350.00

Notes:

⁽¹⁾ Effective upon passage.

Based on a five thousand (5,000) gallon per month user.

_____

SCHEDULE OF ADDITIONAL PRETREATMENT INSPECTION FEES

(Ord. No. 2005-16, 5-6-2005; Ord. No. 2009-01, § 1(Exh. 1), 3-5-2009; Ord. No. 2010-01, 1-7-2010; Ord. No. 2011-03, § 1(Exh. A), 1-20-2011; Ord. No. 2012-03, § 1(Exh. 1), 2-16-2012)

For any lot, parcel of land, building or premises situated within the city, and which lot, parcel of land, building or premises is not now discharging sanitary sewage into the sewerage system in the city, and which lot, parcel of land, building or premises is situated and located on a street in the city upon which the sanitary sewerage system will in the future extend the district or trunk sewer system, and whose owner or owners will at such time desire to connect such lot, parcel of land, building or premises and tap onto such district or trunk system shall pay the amount of one thousand five dollars ($1,500.00) for such permit to do so.

All of the above rates and charges shall apply to any and all users of the city sewer system.

(Ord. No. 2005-16, 5-6-2005; Res. No. 2007-02, 9-17-2007; Ord. No. 2007-13, 10-4-2007)

Cross reference— Miscellaneous fee schedule, § 4-12.

In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the district shall base its charges not only on the volume, but also on strength and character of the stronger-than-normal domestic sewage and shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sewage system, in such manner and by such method as the district 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 sampling point, as defined in the sewer use ordinance, available to the district at all times.

Normal domestic sewage waste strength in excess of the parameters established in Appendix B "Excess Strength Sewage Surcharge" attached hereto, shall be billed at the rates contained in Appendix B.

(Ord. No. 2005-16, 5-6-2005)

(a)

The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners of properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the city for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office at which said records are kept and during the hours that such office is open for business.

(b)

That when a tenant's balance for service provided by the Lake Station Sanitary District becomes delinquent, the balance may be transferred to the property owners account with notice to the property owner.

(Ord. No. 2009-05, 2-5-2009)

Editor's note— Ord. No. 2009-05, adopted Feb. 5, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 9-75.

(a)

If a sanitary district customer disputes a sewer bill, the customer should contact the Assistant Director of the Lake Station Board of Works to schedule an appointment to discuss the disputed charges and provide the assistant director all of the reasons, with any supporting documents, the bill is in error. If the assistant director determines that the charges are incorrect, the assistant director will correct the charges. If the assistant director determines the charges are correct, they must be paid promptly. However, the assistant director can, if needed, agree to a payment plan with the delinquent customer. Payment of disputed charges by a customer does not constitute a waiver of any right of the customer to subsequently claim and recover from Lake Station any improperly charged sums as otherwise allowed by law.

(b)

If a sanitary district customer is not satisfied with the determination of the assistant director of the board of works, the customer may file a written appeal with the board of commissioners of the sanitary district setting forth in the appeal all of the reasons why the customer believes the disputed bill is in error. The board shall review the appeal at its next public meeting and either grant the relief the customer is asking for or set the matter for a public hearing and give the customer written notice of the date, time and place of the hearing and their right to appear at the hearing and to give the board whatever relevant evidence, oral and written, that the customer wants the board to consider in deciding the matter. Every decision of the board must be made by a vote at a public meeting, reduced to writing, and given to the appealing customer and the assistant director for implementation.

(c)

If the customer is not satisfied with the decision of the board, the customer may, within thirty (30) days of the date of the board's decision, file a complaint in a court of competent jurisdiction in Lake County, Indiana challenging the board's decision.

(d)

This section to be effective upon passage by the council and approval by the mayor.

(Ord. No. 2009-21[A], 10-1-2009)

Editor's note— Ord. No. 2009-21[A], adopted Oct. 1, 2009, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as § 9-76.

This article sets forth uniform requirements for discharges into, the construction of, and additions to, the Lake Station Sanitary District ("LSSD") wastewater collection and treatment system. These requirements enable the LSSD to protect public health, maintain a sound sewer infrastructure system in the future, and comply with all applicable local, state and federal laws relating thereto.

(Ord. No. 2011-05, (Exh. A, § I(A.), 4-21-2011)

(a)

To prevent the introduction of pollutants into LSSD's wastewater treatment system that will interfere with the normal operation of the wastewater treatment plant or contaminate the resulting municipal sludge; or result in LSSD's violation of their ordinance, permit, orders, laws, or rules and regulations, etc.;

(b)

To prevent the introduction of pollutants into LSSD's wastewater treatment system which do not receive adequate treatment in the wastewater treatment plant, and which will pass through the plant into receiving waters or the atmosphere;

(c)

To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

(d)

To minimize the introduction of infiltration and inflow into the wastewater collection system that will occupy capacity reserved for community growth.

This article provides for the regulation of discharges into LSSD's wastewater system through the issuance of industrial discharge and building permits, the execution of special agreements, and the enforcement of administrative regulations and permit requirements.

In furtherance of these objectives, this article details the general regulation of discharges to public sewers, the issuance of connecting permits for building sewers, the inspection of building sewers, the issuance of construction permits for sewer construction, the issuance of discharge permits for industrial users of the system, and the enforcement of all applicable local, state, and federal laws and regulations required by the Clean Water Act, General Pretreatment Regulations (40 CFR Part 403), and consistent with the Lake Station Sanitary District Enforcement Response Guide.

(Ord. No. 2011-05, (Exh. A, § I(B.), 4-21-2011)

As used in this article the following terms shall have the meanings ascribed to them in this part unless the context specifically indicates otherwise:

"ASTM" shall mean the American Society for Testing and Materials.

"ACT" shall mean the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., also known as the Clean Water Act.

"Administrator" or "approval authority" shall mean the Regional Administrator of the U.S. Environmental Protection Agency (U.S. EPA) or the Commissioner of the Indiana Department of Environmental Management (IDEM) or its successor, provided such state agency has a pretreatment program approved by the EPA.

"Ammonia nitrogen" shall mean the concentration, expressed in milligrams per liter (mg/l) of nitrogen that is in the ammonia form. Determination of ammonia nitrogen shall be in accordance with 40 CFR Part 136.

"Authorized representative of industrial user" shall mean:

(1)

A principal executive officer of at least the level of vice president, if the industrial user is a corporation; or

(2)

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

(3)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

"Board" shall mean the Lake Station Sanitary District's Board of Commissioners.

"Biochemical oxygen demand—Total (tBOD)" shall mean the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter (carbonaceous component) by aerobic biochemical action under standard laboratory procedures for five (5) days at 20° Celsius using U.S. EPA approved procedures in accordance with 40 CFR 136.

"Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from solid waste and other drainage pipes inside the walls of the building and conveys it to the building sewer which begins five (5) feet (1.5 meters) outside the inner face of the building wall.

"Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal and shall include that portion of the drain within the public right-of-way.

"Bypass" shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.

"Categorical industrial user" shall mean an industry whose effluent is regulated under 40 CFR 403.6.

"Categorical pretreatment standard" shall mean any regulation containing pollutant discharge limits promulgated by U.S. EPA in accordance with Section 307(b) and (c) of the Act which apply to a specific category of industrial users and which appear in the appropriate subpart of 40 CFR Chapter I, Subchapter N.

"Carbonaceous biochemical oxygen demand (cBOD)" measures the quantity of oxygen utilized in the biochemical oxidation of organic or carbon compounds while inhibiting the nitrogenous oxygen demand under standard laboratory conditions and by using standard laboratory analytical procedures, in accordance with 40 CFR 136, in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter (mg/l).

"City" shall mean the civil City of Lake Station, Lake County, Indiana.

"Combined sewer" shall mean a sewer designed to carry both sanitary wastewater and storm or surface-water runoff.

"Compatible pollutants" shall mean wastewater having or containing (a) measurable biochemical oxygen demand, (b) suspended solids, (c) pH, (d) fecal coliform bacteria, or (e) additional pollutants identified or defined in the City's National Pollutant Discharge Elimination System (NPDES) permit or by the state or board. It is further clarified that conventional pollutants as identified by the U.S. EPA pursuant to Section 304(a)(4) of the Act in a form which causes interference with the POTW operations shall be considered non-compatible.

"Composite sample" shall mean a twenty-four (24) hour composite sample containing a minimum of twelve (12) discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required in order to determine the average conditions during the compositing period when the wastewater loading is highly variable.

"Council" shall mean the Lake Station Common Council, Lake Station, Indiana.

"Direct discharge" shall mean the discharge of treated or untreated wastewater directly to the waters of the State of Indiana.

"Director" shall mean the Director of the Lake Station Sanitary District or his/her authorized deputy, agent, or representative.

"Discharge report" shall mean the discharge monitoring report required by an industrial wastewater discharge permit describing, through representative sampling and measurements performed in accordance with 40 CFR 136, the nature of the monitored effluent discharge of an industrial user.

"District" shall mean the Sanitary District of the City of Lake Station, commonly known as the Lake Station Sanitary District (LSSD), and the board of commissioners thereof, Lake County, Indiana. Any reference thereto shall mean all territory within the perimeter of LSSD's boundaries or under its jurisdiction.

"District sewer" shall mean a sewer owned and operated by the Lake Station Sanitary District.

"Domestic wastewater" shall mean sewage introduced into a wastewater treatment system by residential users.

"Effluent" shall mean the water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.

"EPA" shall mean the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

"Foundation drains" shall mean any network of pipes, pumps or drainage mechanisms located at, or under a footing, foundation or floor slab of any building or structure that intentionally or unintentionally conveys groundwater away from a building or structure.

"Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce, meat, fish, seafood, fowl and condemned food.

"General pretreatment regulations" shall mean "General Pretreatment Regulations for Existing and New Sources," 40 CFR Part 403, as amended.

"Grab sample" shall mean a sample which is taken from a wastestream on a one time basis with no regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

"Groundwater remediation discharge" shall mean the discharge or introduction of contaminated groundwater originating from an approved groundwater remediation project into the wastewater treatment system.

"Heat pump discharge" shall mean water discharged from a heat pump or other device that uses water as a heat source or heat sink.

"Indirect discharge" shall mean the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act (33 U.S.C. 1317), into the wastewater treatment system (including holding tank waste discharged into the system).

"Industrial pretreatment department" shall mean the department of LSSD or its representatives that is responsible for implementation of the industrial pretreatment program for LSSD.

"Industrial user (IU)" shall mean any user of the wastewater treatment system who discharges, causes or permits the discharge of non-domestic wastewater into LSSD's wastewater treatment system.

"Industrial waste" shall mean all solid, liquid or gaseous waste resulting from any commercial, industrial, manufacturing, agricultural, trade or business operation or process or from the development, recovery or processing of natural resources.

"Industrial wastewater" shall mean a combination of liquid and water-carried waste discharged from any industrial establishment and resulting from any trade or process carried on in that establishment, including the wastewater from pretreatment facilities and polluted cooling water.

"Infiltration" shall mean the groundwater entering the sewer system from the ground through such means as, but not limited to, defective or poorly constructed pipes, pipe joints, pipe connections and manholes or from drainage pipe constructed to remove groundwater from areas such as building foundations and farm fields.

"Inflow" shall mean the storm and surface water entering directly into the sewers from such sources as, but not limited to, manhole covers, roof drains, basement drains, land drains, foundation drains, cooling/heating water discharges, catch basins, or storm water inlets.

"Interference" shall mean a discharge, alone or in conjunction with a discharge or discharges from other sources, which either:

(1)

Inhibits or disrupts LSSD's wastewater treatment plant, its treatment processes or operations, or its sludge processes, use or disposal; or

(2)

Is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

"Lift station" shall mean any arrangements of pumps, valves and controls that lifts wastewater to a higher elevation.

"Maximum daily discharge concentration" shall mean the highest allowable daily discharge for any calendar day during a calendar month based upon the type of sample (e.g. grab, 24-hour composite) required under this article, LSSD issued discharge permit, or categorical pretreatment standard promulgated by U.S. EPA.

"Medical wastes" shall mean isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes or any other waste resulting from the provision of medical treatment.

"NH3-N" shall mean the same as ammonia nitrogen measured as ammonia.

"NPDES permit" shall mean a permit issued under the National Pollutant Discharge Elimination System for the discharge of wastewaters to the navigable waters of the United States.

"Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

"New source" shall mean:

(1)

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a.

The building, structure, facility or installation is constructed at a site at which no other source is located; or

b.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2)

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (a)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

a.

Begun, or caused to begin as part of a continuous onsite construction program:

1.

Any placement, assembly, or installation of facilities or equipment; or

2.

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation or new source facilities or equipment; or

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

"Noncontact cooling water" shall mean the water used for cooling which does not come into direct contact with raw material, intermediate product, waste product, or finished product.

"Nonindustrial user" shall mean all users of the wastewater treatment system not included in the definition of "Industrial user."

"Pass through" shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of LSSD's NPDES permit, including an increase in the magnitude or duration of violation.

"Person" shall mean any individual, partnership, trust, firm, company, association, society, corporation, group, governmental agency, including but not limited to, the United States of America, the State of Indiana and all political subdivision authorities, districts, departments, agencies, bureaus, and instrumentalities thereof, or any other legal entity.

"pH" shall mean the negative logarithm of the concentration of hydrogen ions in solution.

"Phosphorus" shall mean the concentration, expressed in milligrams per liter (mg/l), of Total Phosphorus derived through acid hydrolysis of the sample conducted in accordance with 40 CFR 136.

"Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, chemical materials, chemical wastes, or biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

"Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

"Pretreatment" or "treatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater treatment system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR Part 403.6(d).

"Pretreatment standard" or "regulation" shall mean any substantive or procedural requirement related to pretreatment contained in this article, permit or any local, state, or federal regulations.

"Private sewage disposal system" shall mean any sewage disposal or wastewater treatment system not connected to a public sewer and constructed for the purpose of treating residential, commercial or industrial wastes

"Process wastewater" shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.

"Properly shredded garbage" shall mean the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

"Public sewer" shall mean any combined or sanitary sewer or lift station located within the public right-of-way or a dedicated easement and which is controlled by a public authority.

"Publicly owned treatment works" or "POTW" shall mean a "treatment works/plant", as defined by Section 212 of the Act (33 USC Section 1292) which is owned by the City of Lake Station. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

"Sanitary district" shall mean the geographical area serviced by the Lake Station Sanitary District.

"Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

"Sewage" shall mean wastewater.

"Sewage system" shall mean the network of publicly owned sewers and appurtenances used for collecting, transporting, and pumping wastewater to the wastewater treatment plant, and the wastewater treatment plant itself. This term is also expressed as municipal wastewater system or wastewater collection system.

"Sewer" shall mean a pipe or conduit for carrying sewage or storm water.

"Sewer work" shall mean the connecting of any building sewer to a LSSD sewer, the making of a significant alteration to or significant repair of a building sewer to a building drain or the altering or repairing of a LSSD sewer.

"Shall" is mandatory; "may" is permissive.

"Significant industrial user" shall mean: 1) any categorical industrial user (CIU); 2) any other IU which a) discharges an average of twenty-five thousand (25,000) gallons of process wastewater per day; b) contributes a processed water which makes up five percent or more of the dry weather average hydraulic or organic capacity of LSSD's wastewater treatment system; or c) is found by LSSD, State of Indiana or the U.S. EPA to have significant impact, either by itself or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system. Upon a finding that an IU meeting the above criteria has no reasonable potential for adversely affecting the wastewater treatment system of the LSSD or for violating any pretreatment standard or requirement, the LSSD may at any time, upon its own initiative or in response to a petition received from an industrial user, and in accordance 40 CFR 403.8(f)(6), determine that such an industrial user is not a significant industrial user.

"Significant noncompliance (SNC)" shall mean an industrial users' effluent meets one or more of the following criteria:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(2)

Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

(3)

Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the LSSD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under section 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;

(5)

Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final completion;

(6)

Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report non-compliance;

(8)

Any other violation or group of violations which LSSD determines will adversely affect the operation and implementation of the local pretreatment program.

"Slug load" or "slug" shall mean any discharge of non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge at a flow rate or concentration which would cause a violation of the prohibited discharge standards in sections 9-112 and 9-113 of this article.

"Sludge" shall mean any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act as amended.

"State" shall mean the State of Indiana.

"Standard industrial classification (SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

"Standard methods" shall mean the laboratory procedures set forth in the latest addition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association and the Water Pollution Control Federation.

"Storm drain" or "storm sewer" shall mean a sewer which carries storm, surface water and drainage, but excludes sewage and industrial waters, other than unpolluted cooling water.

"Storm water" shall mean any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

"Total suspended solids (TSS)" shall mean solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering using U.S. EPA approved methods.

"Toxic amount" shall mean that concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as death, illness, cancer, genetic mutations, and physiological manifestations.

"Toxic pollutant" shall mean, but not be limited to, any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the CWA 302(A) or other acts.

"Unpolluted water" shall mean water of quality that would not cause a violation of receiving water quality standards, would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities, and without additional treatment could be directly discharged to waters of Indiana in compliance with local, state and federal law.

"Upset" shall mean an exceptional incident in any industrial user's facility, in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

"User" shall mean any person who contributes, causes or permits the contribution of wastewater into LSSD's wastewater treatment system.

"Wastewater" shall mean water-carried human wastes or a combination of water-carried wastes from residences, business, buildings, institutions and industrial establishments, together with any ground, surface, storm or other waters as may be present.

"Wastewater normally discharged by a residence" shall mean the wastewater contributed by a residential living unit and shall not exceed a volume of ten thousand five hundred (10,500) gallons per month, thirty-five (35) pounds of suspended solids per month, and thirty (30) pounds of cBOD per month.

"Wastewater treatment plant" shall mean the portion of LSSD's wastewater treatment system that is designed to provide treatment of municipal sewage and industrial waste.

"Wastewater treatment system" shall mean all facilities for collecting, transporting, pumping, treating and disposing of wastewater.

"Watercourse" shall mean an open-channel in which a flow of water occurs, either continuously or intermittently.

(Ord. No. 2011-05, (Exh. A, § I(C.), 4-21-2011)

The following abbreviations shall have the designated meanings:

(Ord. No. 2011-05, (Exh. A, § I(D.), 4-21-2011)

(a)

It shall be unlawful to discharge to any natural outlet or watercourse within the district, any wastewater or other polluted water, except where suitable treatment has been provided in accordance with the laws of the United States, State of Indiana, and the district.

(b)

Except where a valid NPDES permit exists, the owner of all houses, buildings, or properties used for human occupancy, employment recreation or other purposes, situated within LSSD and abutting any street, alley or right-of-way in which there is now located or may in the future be located a LSSD sewer, is hereby required at his/her expense to connect such facilities directly with the LSSD sewer in accordance with the provisions of this article, within ninety (90) days after the day of official notice to do so, provided that said LSSD sewer is within one hundred (100) feet (30.5 meters) of the property line, notwithstanding whether or not the facilities are served by any private sewage disposal system and within conditions as hereinafter provided.

(Ord. No. 2011-05, (Exh. A, § II(A.), 4-21-2011)

(a)

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, or unpolluted water into any sanitary sewer.

(b)

Storm water and all other unpolluted water may be discharged through structures existing prior to the prohibition of this practice to such sewers as are specifically designated as combined sewers or storm sewers. No new storm water or unpolluted water flow shall be introduced to the combined sewer system except as provided in division IV. Industrial cooling water or unpolluted process waters may be discharged, on approval of application, as provided in division IV.

(Ord. No. 2011-05, (Exh. A, § II(B.), 4-21-2011)

(a)

No person shall discharge or cause to be discharged to any LSSD sewer wastewater or pollutant which cause, threaten to cause, or are capable of causing, either alone or by interaction with other substances:

(1)

A fire or explosion hazard in the LSSD's Wastewater Treatment System including, but not limited to, wastestreams with a closed cup flashpoint of less 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods in 40 CFR 261.21.

(2)

Corrosive structural damage to the wastewater treatment system but in no case any solution with pH lower than 5.5 or higher than 9.0;

(3)

Obstruction to the flow in LSSD sewers, or other interference with the proper operation of the wastewater treatment system;

(4)

An interference;

(5)

A pass-through;

(b)

No person shall discharge or cause to be discharged to any LSSD sewer:

(1)

A slug or a flow rate and/or pollutant discharge rate which is excessive over a relatively short time period so that there is a treatment process upset and subsequent loss of treatment efficiency;

(2)

Heat in amounts which will inhibit biological activity at the wastewater treatment plant but in no case greater than sixty (60) degrees Centigrade (140 degrees Fahrenheit) or heat in such quantities that the temperature at the wastewater treatment plant exceeds forty (40) degrees Centigrade (104 degrees Fahrenheit).

(3)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the wastewater treatment plant, or to exceed applicable categorical pretreatment standards;

(4)

Petroleum oil, nonbiodegradeable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;

(5)

Pollutants which result in the presence of toxic gases, vapors, or fumes with LSSD's wastewater treatment plant in a quantity that will cause acute worker health and safety problems;

(6)

Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;

(7)

Solid or viscous substances and/or other pollutants which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater works such as, but not limited to grease, improperly shredded garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood plastics, tar, medical wastes, asphalt residues from refining or processing of fuels or lubricating oil, mud, glass grinding or polishing wastes, or tumbling and deburring stones;

(8)

Any substance that may cause the wastewater treatment plant effluent or any other product of the wastewater treatment plant such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the wastewater treatment plant cause the wastewater treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act;

(9)

Any substance that will cause the wastewater treatment plant to violate its NPDES permit or the receiving stream's water quality standards;

(10)

Any wastewater containing radioactive material including, but not limited to, radioactive waste above limits, regulations, or orders issued by the appropriate authority having control over their use.

(11)

Detergents, surface-active agents, or other substances which may cause excessive foaming in the wastewater treatment system.

(12)

Any gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, carbides, hydrides, stoddard solvents, sulfides, epoxides, esters, amines, polynuclear aromatic hydrocarbons, pyridines, new and used motor oils, or antifreeze, except at concentrations which do not exceed levels of such substances which are routinely present in the normal wastewater discharge and do not otherwise violate any section of this chapter or the conditions of an industrial discharge permit or a special agreement.

(13)

Polychlorinated biphenyls (PCBs) in any detectable concentrations.

(14)

Unpolluted water except as provided in division IV.

(c)

No person shall discharge or cause to be discharged to the sewer or the POTW:

(1)

Any trucked or hauled industrial process or hazardous wastes.

(2)

Any septic tank waste, except at discharge points designated by the POTW and with a valid liquid waste hauler discharge permit.

(d)

No person shall discharge or cause to be discharged a wastewater which has a value which exceeds the specific pollutant limitation shown in Table I. Industries must report results for the parameters listed where there are no set limitations.

*Interim Local Limit

(e)

A grease interceptor shall be installed in the waste line leading from sinks, drains, and other fixtures or equipment in non-residential dwelling units or any establishments where grease may be introduced into the drainage, or sewage system in quantities that can affect line stoppage or hinder sewage treatment. The characteristics, size, and method of installation of the grease interceptor shall meet the requirements imposed by the Administrative Building Council of the State of Indiana and shall be reviewed and approved by LSSD prior to the commencement of installation. Approval of proposed facilities or equipment does not relieve the person of the responsibility of enlarging or otherwise modifying such facilities to accomplish the intended purpose. On a showing of good cause, LSSD may waive this requirement. A grease interceptor is not required for individual dwelling units or for any private living quarters. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by LSSD. Any removal and hauling of the collected materials not performed by the owner or the owner's personnel must be performed by a licensed waste disposal firm.

(Ord. No. 2011-05, (Exh. A, § II(C.), 4-21-2011)

When LSSD demonstrates consistent removal of pollutants limited by federal categorical pretreatment standards, as required by 40 CFR 403.7, and any amendments thereto, LSSD may apply to the Administrator of EPA, or IDEM, for authorization to give a removal credit to reflect removal of toxic or other regulated pollutants by LSSD's wastewater treatment system.

(Ord. No. 2011-05, (Exh. A, § II(D.), 4-21-2011)

Federal categorical pretreatment standards found under the appropriate Part of 40 CFR Chapter I, Subchapter N, or state requirements and limitations on discharges shall apply in any case where they are more stringent than those in this article.

(Ord. No. 2011-05, (Exh. A, § II(E.), 4-21-2011)

LSSD reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater system than those in this article if deemed necessary to comply with the objectives presented in this article, local, state, or federal laws or regulations.

(Ord. No. 2011-05, (Exh. A, § II(F.), 4-21-2011)

Within one hundred eighty (180) days after the effective date of a federal categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made on a category, which ever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging or scheduled to discharge to the wastewater treatment system will be required to submit to LSSD a report containing the following information as required by 40 CFR 403.12(b) and listed in paragraphs (1)—(7) below. Where reports containing this information already have been submitted to LSSD in compliance with the requirement of 40 CFR 128.140(b)(1977), the industrial user will not be required to submit this information again. At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to LSSD a report which contains the information listed in paragraphs (1)—(5) of this section. new sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in paragraphs (4) and (5) of this section.

(1)

Identifying information. The industrial user shall submit the name and address of the facility including the name of the operator and owners.

(2)

Permits. A list of any environmental control permits held by or for the facility.

(3)

Description of operations. An industrial user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the wastewater treatment system from the regulated processes.

(4)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the wastewater treatment system from each of the following:

a.

All regulated process streams; and

b.

Other streams as necessary to allow use of the combined wastestream formula or formula of 40 CFR 403.6(e).

The director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5)

Measurement of pollutants. The pretreatment standards for measuring pollutants are done according to 40 CFR 403.12(b)(5).

(6)

Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether 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 industrial user to meet the pretreatment standards and requirements as set forth in 40 CFR 403.12(b)(6).

(7)

Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the industrial user shall comply with provision as set in forth 40 CFR 403.12(b)(7).

(8)

Signatory requirements. All baseline monitoring reports, 90-day compliance, and periodic compliance reports must be signed and certified consistent with 40 CFR 403.12(1).

(Ord. No. 2011-05, (Exh. A, § II(G.), 4-21-2011)

Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. LSSD may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.

(Ord. No. 2011-05, (Exh. A, § II(H.), 4-21-2011)

(a)

In case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the Industrial Pretreatment Department within two (2) hours of the incident. The notification shall include:

(a)

Name of company;

(b)

Location of discharge;

(c)

Type of waste discharged;

(d)

Concentration and volume of waste discharged;

(e)

Corrective actions taken to minimize the impact of the discharge to the wastewater treatment plant;

(f)

Date and time of occurrence.

(b)

The industrial user shall immediately notify LSSD, within two (2) hours of their knowledge, if it is unable to comply with any requirement of this article and/or any pretreatment standard because of a breakdown of its treatment equipment, accidents caused by human error, or upsets. The notification should include the information required in paragraph (a) above.

(c)

Within five (5) calendar days following an accidental discharge or incident of noncompliance, the industrial user shall submit to LSSD a detailed written report describing;

(1)

The cause of the accidental discharge or noncompliance;

(2)

The period of the accidental discharge or noncompliance, including exact dates and times or if not corrected, the anticipated time the noncompliance is expected to continue;

(3)

Steps being taken and/or planned to reduce, eliminate or prevent recurrence of the accidental discharge or noncompliance.

(d)

Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as the result of damage to the wastewater treatment system, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

(e)

In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have burden of proof. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating lots, or other relevant evidence that:

(1)

An upset occurred and the industrial user can identify the specific cause(s) of the upset;

(2)

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

(3)

The industrial user has submitted to LSSD the information required in paragraphs (a), (b), and (c) above.

(f)

A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. LSSD or its representative should be included on this notice. Employers shall ensure that all employees who may observe, cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(g)

All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).

(h)

LSSD shall evaluate each significant industrial user for the need of a slug control plan and if LSSD decides that a slug control plan is needed, the plan shall contain, at a minimum, the requirements as set forth in 40 CFR 403.8(f)(2)(v).

(Ord. No. 2011-05, (Exh. A, § II(I.), 4-21-2011)

If any person discharges or causes to be discharged a waste which causes interference, obstruction, damage or any other impairment to the wastewater treatment system, the director may assess a charge against said person for:

(1)

The work and materials required to clean or repair the wastewater treatment system; and

(2)

Any civil penalty, fine or cost of compliance with injunctions or other orders of a court or governmental authority imposed against LSSD as a result of such interference, obstruction, damage or impairment;

(3)

All other costs incurred by the LSSD or the City of Lake Station as a result of such interference, pass through, obstruction, damage or impairment including but not limited to expert, consultant, and attorneys' fees; and add such charges to said person's bill.

(Ord. No. 2011-05, (Exh. A, § II(J.), 4-21-2011)

All users shall take all reasonable steps to minimize or prevent any adverse impact of any discharge in violation of this article that has a reasonable likelihood of adversely affecting human health, the POTW, the waters receiving the POTW's discharge, or the environment.

(Ord. No. 2011-05, (Exh. A, § II(K.), 4-21-2011)

(a)

Installation and maintenance at industrial user's expense. The director may require, as is necessary to carry out the requirements of this article, any industrial user to construct at his/her expense, monitoring facilities to allow inspection, sampling and flow measurement of the building drain or sewer and may also require sampling or metering equipment to be provided, installed and operated at the industrial user's expense. The monitoring facility should normally be situated on the industrial user's premises, but the pretreatment manager may, when such a location would be impractical or cause undue hardship, allow the facility to be constructed in the public right-of-way; provided, however, the city's board of works shall be the authority, through the city's engineering department, to determine the locations on the public right-of-way, on or below which the monitoring device and facility shall be placed.

(b)

Temporary right-of-way use permit. The owner of the property abutting the public right-of-way to be used for the installation of the monitoring device shall acquire a temporary right-of-way use permit from the city. The city's engineering department shall review the temporary right-of-way use request and site plan prior to issuing the permit.

(Ord. No. 2011-05, (Exh. A, § II(L.), 4-21-2011)

Whenever required to carry out the objectives of this article or of any issued industrial wastewater discharge permit, the authorized representative of LSSD, IDEM, and/or U.S. EPA, upon presentation of his/her credentials, shall have a right of entry to, upon, or through any premises for purpose of reviewing or photocopying relevant records, measuring, and sampling of the discharges or inspection premises, fixtures or equipment. This right of entry shall include, but not be limited to, any equipment necessary to conduct said inspections, measuring, and sampling. It shall be the duty of the discharger to provide all necessary clearance before entry and not to unnecessarily delay or hinder the authorized representative in carrying out the review or photocopying of relevant records, inspection, measuring and sampling. The right of entry shall exist at any time.

(Ord. No. 2011-05, (Exh. A, § II(M.), 4-21-2011)

If the pretreatment manager or other authorized representative of the LSSD has been refused access to building, structure, or property or any part thereof, and if the pretreatment manager or authorized representative has probable cause to believe that there may be a violation of this article or that there is the need to inspect as a part of routine inspection program of the LSSD designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then upon application to the appropriate court, the pretreatment manager may seek a search and seizure warrant describing therein the specific location subject to the warrant. The request by the pretreatment manager shall specify what may be searched or seized on the property described. Such warrant shall be served at reasonable hours by the pretreatment manager or authorized representative in the company of a uniformed police officer. In the event of an extreme emergency affecting the public health and safety, inspections shall be made without the issuance of a warrant.

(Ord. No. 2011-05, (Exh. A, § II(N.), 4-21-2011)

After the passage of this article, and from time to time thereafter as may be needed, the board of commissioners may, by resolution, promulgate rules and regulations necessary to implement and carry out the provisions of this article and not inconsistent therewith.

(Ord. No. 2011-05, (Exh. A, § II(O.), 4-21-2011)

(a)

Notwithstanding any other section, any person who violates any provision or discharge limit of this article or of their issued industrial wastewater discharge permit may be assessed an administrative or civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500.00) per offense. Each parameter violated shall constitute a separate offense. Further, each day's violation shall constitute a separate offense.

(b)

Any and all penalties assessed and compliance with this article may be enforced in a court of competent jurisdiction.

(c)

Nothing in this article shall restrict any right which may be provided by statute or common law to LSSD to bring other actions, at law or at equity, including injunctive relief.

(Ord. No. 2011-05, (Exh. A, § II(P.), 4-21-2011)

(a)

Any industrial user subject to the reporting requirements established in this article shall maintain records of all information resulting from any monitoring activities required by this article. Such records shall include for all samples:

(1)

The date, exact place, method, and time of sampling;

(2)

The name(s) of the person or persons taking the samples;

(3)

The dates analyses were performed;

(4)

The names of the persons who performed the analyses;

(5)

The analytical techniques/methods used;

(6)

The results of such analyses;

(7)

A laboratory certification statement;

(8)

The signature of an authorized representative; and

(9)

Properly completed Chain-of-Custody.

(b)

Any industrial user subject to the reporting requirements established in this article shall be required to retain for a minimum of three (3) years any records of monitoring activities and results and shall make such records available to the U.S. EPA, IDEM, LSSD or their authorized representatives for inspecting and copying. This period shall automatically be extended for the duration of litigation concerning the industrial user or LSSD, or as requested by U.S. EPA, IDEM or LSSD.

(Ord. No. 2011-05, (Exh. A, § II(Q.), 4-21-2011)

(a)

All industrial users proposing to connect to or discharge into a LSSD sewer must complete an application for an industrial wastewater discharge permit before connecting to or discharging into a LSSD sewer.

(b)

All significant industrial users connected to or discharging into a LSSD sewer, who do not currently have an industrial wastewater discharge permit, must complete an application for an industrial wastewater discharge permit within thirty (30) days after the effective date of this article.

(c)

All significant industrial users shall obtain an industrial wastewater discharge permit from LSSD before connecting or discharging into LSSD's sewers.

(d)

No person shall knowingly make any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or industrial wastewater discharge permit. Nor shall any person falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this article.

(Ord. No. 2011-05, (Exh. A, § III(A.), 4-21-2011)

(a)

The pretreatment manager shall have the authority to prescribe an industrial wastewater discharge permit application form. The application form may require the following information:

(1)

Name, address, and standard industrial classification number;

(2)

Volume of wastewater to be discharged;

(3)

The wastewater characteristics, including, but not limited to BOD, suspended solids, ammonia, and pH;

(4)

Description of daily, weekly, and seasonal variations in discharges;

(5)

Location of building drain and/or building sewer;

(6)

Pretreatment standards applicable to the discharge;

(7)

If additional pretreatment and/or operation and maintenance is required to meet the pretreatment standards, the industrial user shall provide it by the shortest possible compliance schedules. The completion date in this schedule shall not be later than the compliance date established for any applicable federal pretreatment standard. The following conditions shall apply to this schedule:

a.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.);

b.

No increment referred to in paragraph (a)(7) or a. shall exceed nine (9) months;

c.

No later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the pretreatment manager including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the pretreatment manager.

(8)

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

(9)

The number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system;

(10)

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(11)

Site plans, floor plans, mechanical and plumbing plans and details which show all sewers, sewer connections, and appurtenances by the size, location, and elevation;

(12)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or National 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 and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards;

(13)

An evaluation of the facilities required, costs (capital and operation and maintenance), and analysis of the feasibility of the providing the capability to suspend or provide holding capacity for permitted discharges during wet weather periods for durations of six (6), twelve (12) and twenty-four (24) hours.

(14)

Any other information as may be deemed by the pretreatment manager to be necessary to evaluate the industrial wastewater discharge permit application.

(b)

The industrial wastewater discharge permit application is to be signed and sworn to by:

(1)

In case of a corporation or an association, an officer, or his/her duly authorized representative if such representative is responsible for the overall operation of the facility from which the discharge described in the application form originates;

(2)

In the case of a partnership, a general partner;

(3)

In the case of a sole proprietorship, by the proprietor;

(4)

In the case of a governmental agency, by the principal executive officer.

(Ord. No. 2011-05, (Exh. A, § III(B.), 4-21-2011)

The industrial wastewater discharge permit shall be for a term not to exceed five (5) years. Any person wishing to continue to discharge to a LSSD sewer beyond the term of the industrial wastewater discharge permit shall apply for renewal of the industrial wastewater discharge permit at least one hundred eighty (180) days prior to the expiration of said permit.

(Ord. No. 2011-05, (Exh. A, § III(C.), 4-21-2011)

The pretreatment manager may prescribe conditions to the industrial wastewater discharge permit that may include the following:

(1)

Applicable federal and/or state laws, regulations or orders;

(2)

Limits on the wastewater characteristics in addition to those contained in this article, including, but not limited to, polychlorinated biphenyls and polybrominated biphenyls for the protection of public health or the wastewater treatment system. The director shall apply applicable federal categorical pretreatment standards or, in the absence of such standards, limits may be based on the best practical technology;

(3)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a LSSD sewer, as established by board;

(4)

Limits on the average and maximum wastewater constituents and characteristics;

(5)

Limits on average and maximum rate and time of discharge or requirements for flow regulation, equalization, or suspension;

(6)

Requirements for installation and maintenance of inspection and sampling facilities;

(7)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedule;

(8)

Compliance schedules;

(9)

Requirements for submission of technical reports or discharge reports;

(10)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by LSSD, and affording LSSD access thereto;

(11)

Requirements for notification of LSSD of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

(12)

Requirements for notification of slug discharges;

(13)

A statement that indicates industrial wastewater discharge permit duration, which in no event shall exceed five (5) years;

(14)

A statement that the industrial wastewater discharge permit is nontransferable in accordance with section 9-147 of this article;

(15)

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

(16)

Other conditions as deemed appropriate by LSSD to ensure compliance with this article.

(Ord. No. 2011-05, (Exh. A, § III(D.), 4-21-2011)

As soon as possible after promulgation of a categorical pretreatment standard, the industrial wastewater discharge permit of industrial users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. In addition, the industrial user, with an existing industrial wastewater discharge permit, shall submit to the pretreatment manager within one hundred eighty (180) days after the promulgation of an applicable categorical pretreatment standard, the information required by division III. Industrial wastewater discharge permits of industrial users, who must comply with federal categorical pretreatment standards prior to the effective date of this article, shall be revised immediately upon the effective date of this article to reflect applicable pretreatment standards. LSSD reserves the right to amend any part of a permit issued under this section to comply with local, state, or federal laws and regulations.

(Ord. No. 2011-05, (Exh. A, § III(E.), 4-21-2011)

There shall be an application fee of fifty dollars ($50.00) for an industrial wastewater discharge permit. Payment of the fee shall accompany submission of the completed application. This fee shall apply to original and renewal permit applications and modifications initiated by the permittee of existing permits. A three hundred dollar ($300.00) permit fee shall be paid for all permits which are renewed and a five hundred dollar ($500.00) permit fee shall be paid for all new, assigned, or transferred permits. Payment of fees shall be paid before issuance of permits.

(Ord. No. 2011-05, (Exh. A, § III(F.), 4-21-2011)

The industrial wastewater discharge permits are issued to a specific person for a specific facility and do not constitute a property interest, nor shall the industrial wastewater discharge permit be assigned, conveyed or sold to a new owner, new user, different premises or a new or changed operation without notice to and written approval by the LSSD board.

(Ord. No. 2011-05, (Exh. A, § III(G.), 4-21-2011)

Industrial users shall provide necessary wastewater treatment as required to comply with the article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to LSSD shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to LSSD for review and approval of such plans by IDEM before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to LSSD under the provisions of this article. Any subsequent significant modifications in the pretreatment facilities or method of operation affecting its discharge shall be reported to and be acceptable to LSSD prior to the industrial user's initiation of the changes.

(Ord. No. 2011-05, (Exh. A, § III(H.), 4-21-2011)

Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the system, any industrial user subject to pretreatment standards or regulations shall submit to the pretreatment manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or regulations and the average and maximum daily flow for these process units in the industrial user facility which are limited by pretreatment standards or regulations. The report shall state whether the applicable pretreatment standards or regulations are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or regulations. This statement shall be signed by an authorized representative of the industrial user.

(Ord. No. 2011-05, (Exh. A, § III(I.), 4-21-2011)

Any industrial user subject to a pretreatment standard set forth in this article, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the wastewater treatment system, shall submit to the pretreatment manager, during the months of June and December, unless required more frequently in the pretreatment standard or by the pretreatment manager, 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 and average flows reported pursuant to this article. At the discretion of the pretreatment manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the pretreatment manager may agree to alter the months during which the above reports are to be submitted.

Reports of permittees shall contain the results of sampling and analyses of the effluent discharge, including the flow, the nature and concentration or production and mass where requested by the pretreatment manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with 40 CFR Part 136. Where 40 CFR Part 136 does not include sampling or analytical technique for the pollutant in question, sampling and analyses shall be performed in accordance with the procedures set forth in the latest edition of U.S. EPA approved "Standard Methods for the Examination of Water and Wastewater" or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.

(Ord. No. 2011-05, (Exh. A, § III(J.), 4-21-2011)

Any industrial user which disposes of hazardous waste, as defined under 40 CFR Part 261, must file reports with LSSD within one hundred eighty (180) days of the effective date of the categorical pretreatment standards or one hundred eighty (180) days after the final administrative decision on the categorical pretreatment standard, whichever is later. Said reports must contain the information required by 40 CFR 403.12.

(Ord. No. 2011-05, (Exh. A, § III(K.), 4-21-2011)

If any wastewater exceeds the pollutant limitations established in this article, the board of commissioners may:

(1)

Reject the wastewater.

(2)

Require the discharger to pretreat or modify the wastewater to meet the pollutant limits established in the article.

(3)

Fine the violator in accordance with section 9-126. Take such other legal action which the hearing officer or board may deem appropriate.

(Ord. No. 2011-05, (Exh. A, § III(L.), 4-21-2011)

(a)

The pretreatment manager shall protect any information (other than effluent data) contained in the application forms, or other records, reports or plans as confidential upon showing by any person that such information, if made public, would divulge methods or processes entitled to protection as trade secrets of such person. Said information must be designated as confidential at the time it is provided to LSSD.

(b)

Information accepted by LSSD with a claim for confidentiality shall be safeguarded by LSSD and shall not be transmitted to any government agency or to the public until and unless a fifteen-day notification is given to the user. During the fifteen-day period, the user shall submit a justification of confidentiality to the pretreatment manager. A determination of confidentiality shall be made by the pretreatment manager pursuant to regulation used by IDEM.

(c)

This section shall not apply to U.S. EPA and IDEM which shall have immediate and unlimited access to any and all information collected by LSSD in accordance with its pretreatment program.

(Ord. No. 2011-05, (Exh. A, § III(M.), 4-21-2011)

Notwithstanding any other provision of this article, the pretreatment manager may, without notice or hearing, suspend the wastewater treatment service and/or an industrial wastewater discharge permit when such suspension is necessary, in the opinion of the pretreatment manager, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the wastewater treatment system, or causes LSSD to violate any condition of its NPDES permit. Any industrial user notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person or industrial user to comply voluntarily with the suspension order, the pretreatment manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The pretreatment manager shall reinstate the industrial wastewater discharge permits and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. The industrial user shall pay all costs associated with disconnecting from and reconnecting to the LSSD sewer. A detailed written statement submitted by the industrial user describing the cause(s) of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the pretreatment manager within five (5) days of the date of occurrence.

(Ord. No. 2011-05, (Exh. A, § III(N.), 4-21-2011)

The pretreatment manager may revoke the industrial wastewater discharge permit of any person or industrial user for any of the following:

(1)

Violation of any provision of this article or of any applicable state and/or federal law including regulations;

(2)

Failure to timely file any discharge reports;

(3)

Failure to factually report wastewater characteristics;

(4)

Refusal of reasonable access to the user's premises for the purpose of review of records, inspection, or monitoring; or

(5)

Violation of any condition of the industrial wastewater discharge permit.

(Ord. No. 2011-05, (Exh. A, § III(O.), 4-21-2011)

Except in cases of willfulness or those in which the public health interest or safety requires otherwise, the revocation, withdrawal, or suspension of an industrial wastewater discharge permit is lawful only if, before the institution of proceedings thereof, the permittee has been given:

(1)

Notice by the pretreatment manager, in writing, of the facts or conduct which may warrant the action.

(2)

Opportunity to demonstrate or achieve compliance with all lawful requirements.

(Ord. No. 2011-05, (Exh. A, § III(P.), 4-21-2011)

Whenever the pretreatment manager finds that any industrial user has violated or is violating this article, or any condition of its industrial wastewater discharge permit, the pretreatment manager may serve upon such person a written notice stating the nature of the violation. Within fifteen (15) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to LSSD by the industrial user.

(Ord. No. 2011-05, (Exh. A, § III(Q.), 4-21-2011)

The pretreatment manager may order any industrial user who causes or allows an unauthorized discharge to enter the wastewater treatment plant to show cause at a LSSD hearing why the proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of a hearing to be held before the pretreatment manager or an appointed hearing officer, the reasons why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least ten (10) days before the hearing.

(Ord. No. 2011-05, (Exh. A, § III(R.), 4-21-2011)

An industrial user may file with the pretreatment manager a written request for reconsideration within fifteen (15) days of any action, decision or determination taken as part of LSSD's administrative enforcement program. The request shall set forth in detail the facts surrounding the request. The pretreatment manager or hearing officer shall make his/her final determination within ten (10) days of the request.

The industrial user may further appeal to the board within fifteen (15) days of any final decision of the pretreatment manager or hearing officer.

(Ord. No. 2011-05, (Exh. A, § III(S.), 4-21-2011)

LSSD shall annually publish in the largest local newspaper a list of the industrial users which have been in Significant Noncompliance during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same twelve (12) months.

(Ord. No. 2011-05, (Exh. A, § III(T.), 4-21-2011)

(1)

Generators and transporters of septic tank liquid and other hauled wastewater may be allowed to discharge at the LSSD Wastewater Treatment Plant at designated area and at such designated times as established by the director provided such wastes do not violate division II or division III of this article or other requirements established or adopted by the LSSD.

(2)

No waste hauling vehicle will be allowed to discharge any hauled waste without obtaining a discharge permit under division III of this article.

(3)

Any hauled wastewater is subject to sampling and analysis by the LSSD. Samples will be analyzed in accordance with 40 CFR 136 or other methods approved by U.S. EPA or IDEM for evaluation of wastewater.

(4)

Rates and charges for discharge of hauled wastewater and required sampling and analysis will be as provided in the Sewer Rate Ordinance.

(Ord. No. 2011-05, (Exh. A, § III(U.), 4-21-2011)

Enforcement of this article and industrial wastewater discharge permits shall be according to the procedures outline in the LSSD's Enforcement Response Guide.

(Ord. No. 2011-05, (Exh. A, § III(V.), 4-21-2011)

(a)

Permit required. It shall be unlawful to cause or allow the repair, modification or connection of a building sewer to a public sewer or another building within LSSD without a valid sanitary sewer connection permit issued by LSSD.

(b)

Minimum elevation for gravity connection. Unless an appropriate backflow preventer is installed, a sewer connection permit may not be granted to homes or buildings where the lowest elevation to have gravity sanitary service is less than one (1) foot above the top of manhole casting elevation of either the first upstream or downstream manhole on the public sewer to which the connection is to be made. If the first upstream or downstream manhole is at a higher elevation due to the natural topography of the area, an alternate manhole will be selected for the purpose of determining this measurement.

(c)

Permit fee. Fees for a sanitary sewer connection permit shall be adopted in a separate ordinance in which such fees are set. The board of commissioners may revise the amount of such fee but not more often than once each calendar year. The fee shall cover the costs of mandatory inspection by LSSD of the building sewer and its connection, and any reinspection that may be necessary because of remedial construction.

(d)

Modification of permit fee. The board may modify the fee for connection permits under a public improvement resolution or in the exercise of LSSD's general powers and duties to construct LSSD sewers.

(e)

Applications. An application for such connection permit shall be made on a form prescribed by the pretreatment manager and may require the following information:

(1)

Name and address of the owner;

(2)

The name, address and telephone number of the contractor;

(3)

Address, and if necessary, the legal description of the premises where the work is to be done;

(4)

Plans for the building sewer and connections, which at a minimum must consist of drawing(s) of the building, the parcel boundaries, the connection detail, materials of construction, and installation method;

(5)

Any other information as may be deemed reasonable and necessary by the pretreatment manager to carry out the provisions of this article.

(f)

Who may apply.

(1)

Applications for a sewer connection permit shall only be made by the following:

a.

A plumbing contractor licensed by the state and registered with the City of Lake Station.

b.

A contractor (other than a plumbing contractor) who has met the surety bond and insurance requirements of the city's building department. Surety bond requirements are met if the building sewer contractor has filed and maintains with LSSD a surety bond. Insurance requirements are met if the contractor has secured and maintains a public liability and property damage insurance policy.

(2)

LSSD may deny permits to any applicant who is currently in violation of this article or any other applicable regulations.

(3)

Application by persons other than those listed above may be accepted at the discretion of the pretreatment manager.

(g)

Conformance with Indiana Fire Prevention and Building Safety Regulations. All sewer work and other construction actually performed on or associated with the building drain, building sewer and the connection of the building drain, building sewer and the connection of the building sewer to the public sewer shall be in accordance with the rules of the Indiana Fire Prevention and Building Safety Commissions and the stated specifications of the LSSD and the City's Building Department.

(h)

Expiration of permit. The connection permit shall expire if work is not initiated within one hundred fifty (150) days from the date of issuance. The pretreatment manager may, however, for good cause, extend the duration of the permit for a reasonable period.

(i)

Provisions of article supplemental to other construction ordinances. This article shall not be construed as contravening any ordinances of the city relating to construction within public streets, roads, or right-of-way, but rather shall be supplemental thereto.

(j)

Enforcement of bond. Any action may be initiated in a court of competent jurisdiction relative to the bond provided for in this article as follows:

(1)

LSSD's counsel may initiate proceedings to forfeit a bond:

a.

As a penalty for repeated violations by a contractor, his agents or employees; or

b.

To indemnify LSSD against any loss, damage or expense sustained by LSSD by reason of the conduct of the contractor, his agents or employees.

(2)

A person, partnership, or corporation which holds a property interest in the real estate on which sewer work has occurred may bring an action against the bond for expenses necessary to correct code deficiencies therein after written and after the contractor has been given a reasonable opportunity to correct its performance. If such a person, partnership, or corporation prevails in any action brought under this section, he may also be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended as determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action.

(Ord. No. 2011-05, (Exh. A, § IV(A.), 4-21-2011)

(a)

Except as provided in this section, it shall be unlawful to cause or allow the connection of a building sewer to a public sewer or other building sewer when such building sewer has any of the following sources of clear water connected to it.

(1)

Foundation/footing drains;

(2)

Sump pumps with foundation drains connected;

(3)

Roof drains;

(4)

Heat pump discharge;

(5)

Cooling water; or

(6)

Any other sources of unpolluted water.

(b)

In addition to any other provision provided herein, any person found violating any provision listed in this section may be required to correct such connections at his expense.

(c)

In the event an industrial or commercial entity finds it necessary to discharge unpolluted water consisting of cooling water and/or steam condensate into the public sewer and the sewer has the capacity to receive such clear water without affecting existing or future users, LSSD may enter into an agreement for such discharge that will define a metering system or any other requirement deemed necessary to measure the flow. The user rate for such discharge shall be calculated by LSSD in accordance with its current fee schedule.

(Ord. No. 2011-05, (Exh. A, § IV(B.), 4-21-2011)

(a)

It shall be unlawful to discharge the water resulting from dewatering activity to a sanitary sewer at any time, whether such activity is temporary or permanent, without a valid sewer discharge permit issued by LSSD. As a condition to the issuance of a permit, the applicant shall install, maintain and operate at the user's expense a metering device to measure the flow associated with such discharge and provide required analytical data.

(b)

Based upon the volumes determined by the measurements, use will be charged appropriate user fees in accordance with LSSD's current fee schedule.

(c)

Users shall be required to submit monthly reports, subject to verification if authorized by the pretreatment manager, to serve as the basis for billing, with any necessary adjustments in the amount made after verification.

(Ord. No. 2011-05, (Exh. A, § IV(C.), 4-21-2011)

(a)

Notification. It shall be the duty of the holder of a connection permit to notify LSSD in the manner described on the sanitary sewer connection permit that the sewer work is available for inspection. LSSD will conduct inspections on building sewer connections by appointment from 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, except for observed LSSD holidays. The building sewer, in its entirety from the foundation to the connection with the public sewer or existing lateral, must be exposed for inspection and be properly bedded in accordance with LSSD's standard specifications to one-half (½) the diameter of the building sewer. It is further the duty of the permit holder to install safety barricades, fences, or other safety measures while waiting for an inspection. The permit holder may backfill the building sewer trench if LSSD has not made an inspection within a four-hour period after notice has been given to LSSD. In the event the building sewer is not completed and ready inspection upon the inspector's arrival or if the notification is made after 1:00 p.m. local time, Monday through Friday, the permit holder shall make the building sewer and connection available for a four-hour period on the following LSSD work day. An inspection may be waived with or without conditions with the approval of the pretreatment manager.

(b)

Right of entry. LSSD shall have the right of entry to, upon or through any premises, for purposes of inspection of sewer work and any other construction activity performed on or associated with the connection of the building sewer to the LSSD sewer including inspection for clear water discharges into the sewer.

(Ord. No. 2011-05, (Exh. A, § IV(D.), 4-21-2011)

Except for building sewers serving single - or double - family residences, or single-owner industrial facilities, connection permits will not be issued for building sewers exceeding six hundred (600) feet in length as measured from the outside of the building to the center of the public sewer, unless the sewer is constructed in a dedicated easement or right-of-way. No more than one hundred (100) feet of a building sewer shall exist within public right-of-way.

(Ord. No. 2011-05, (Exh. A, § IV(E.), 4-21-2011)

No more than one (1) building will be permitted to connect to a building sewer. Sewers with more than one (1) connection must be constructed as a public sewer in a dedicated easement, unless LSSD determines that an exception is justified.

(Ord. No. 2011-05, (Exh. A, § IV(F.), 4-21-2011)

It shall be the responsibility of the property owner(s) whose property is benefited to provide for, install, and make private connections for the use of their premises to an existing public or building sewer. Further, it shall be the responsibility of the owner to make all necessary repairs, extension, relocations, changes or replacements thereof, and of any accessories thereto. These requirements may be altered, modified or waived at the discretion of the pretreatment manager when it is shown that compliance is not possible due to extenuating circumstances.

(Ord. No. 2011-05, (Exh. A, § IV(G.), 4-21-2011)

In the event LSSD determines that a violation of this section exists, LSSD shall notify the violator, by certified mail, that such violation exists. The notice shall describe the nature of the violation and the corrective action(s) that must be taken. Such corrective action shall be taken within thirty (30) days of receipt of such notice.

(Ord. No. 2011-05, (Exh. A, § IV(H.), 4-21-2011)

Any person violating any provision of this section shall be subject to the penalties of this article in accordance with section 9-126, and further, at the discretion of the director, may be required to correct such violation at his expense.

(Ord. No. 2011-05, (Exh. A, § IV(I.), 4-21-2011)

Any person affected by the exercise of any discretionary authority delegated by this article to any official of LSSD and who objects to the decision made or action taken by such official shall be entitled to a hearing before the board upon such objection. The person desiring such hearing before the board shall file a written request for a hearing, including a statement of his objections, with the pretreatment manager, who shall call the same to the attention of the board. Such requests must be filed with the pretreatment manager within ten (10) calendar days from the date of the action being appealed. The appeal shall be scheduled before the board within thirty (30) calendar days after such request is filed. Notice shall be given to the appellant identifying the time, place, and date of the appeal at least ten (10) calendar days prior to the scheduled date. The board may hear any evidence it deems relevant. After the hearing, the board may confirm, reverse or modify the decision or action. The order of the board shall be final. Such order shall be made within ten (10) calendar days after the hearing and shall be in writing and sent to the appellant. An appeal may be taken from a decision of the board by filing an appeal in a court of competent jurisdiction in Lake County Indiana. Such appeal must be filed with the court not more than thirty (30) days after the board's decision is made a part of the public record.

(Ord. No. 2011-05, (Exh. A, § IV(J.), 4-21-2011)