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84-040 Ordinance
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84-040 Ordinance
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1/11/2014 12:39:23 PM
Creation date
12/26/2013 9:50:26 AM
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North Olmsted Legislation
Legislation Number
84-040
Legislation Date
4/26/1984
Year
1984
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<br />'(f) Revocation of Treatment Services - The City may seek to ter- <br />minate the wastewater treatment services to any discharger which fails <br />to (1) factually report the wastewater constituents and characteris- <br />tics of its discharge; (2) report significant changes in wastewater <br />constftuents or characteristics; (3) refuses reasonable access to the <br />Discharger's premises by representatives of the City for the purpose <br />of inspection or monitoring; or (4) violates the conditions of this <br />Ordinance, or any final judicial order entered with respect thereto. <br />(f) Enforcement Actions; Annual Publication. A list of all sig- <br />nificant DischaYgers which were the subject of enforcement proceedings <br />pursuant to the Codified Ordinances during the 12 previous months <br />shall be annually published by the City in the largest daily newspaper <br />serving the municipality. The public notice will summarize the <br />enforcement actions taken against the Dischargers during the same 12 <br />months whose violations remained uncorrected 45 or more days after <br />notification of noncompliance; or which have exhibited a pattern of <br />noncompliance over that 12-month period, or which involve failure to <br />accurately report noncompliance. <br />(g) Operating Upsets. Any Discharger which experiences an upset <br />in operations which places the Discharger in a temporary state of non- <br />compliance with the Codified Ordinances shall inform the City within <br />24 hours of first awareness of the commencement of the upset. Where <br />such information is given orally, a written follow-up report thereof <br />shall be filed by the Discharger with the City within five days. The <br />report shall specify: <br />(1) Description of the upset, the cause thereof and the <br />upset's impact on a Discharger's compliance status; <br />(2) Duration of noncompliance, including exact dates and <br />times of noncompliance, and if the noncompliance contin- <br />ues, the time by which the compliance is reasonably <br />expected to occur; <br />(3) All steps taken or to be taken to reduce, eliminate and <br />prevent recurrence of such an upset for other conditions <br />of noncompliance. <br />A documented and verified bonafide operating upset shall be an <br />affirmative defense to any enforcement action brought by the City <br />against a Discharger for any non-compliance with the Ordinance which <br />arises out of violations alleged to have occurred during the period of <br />the upset. <br />When it can be demonstrated that circumstances exist which would <br />create an unreasonable burden on the person to comply with the time <br />schec]ule imposed by the Codifed Ordinances, a written request for <br />extension of time may be presented for consideration by the City. <br />-13-
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