M O N T G O M E R Y C O U N T Y · 1.23 PUBLIC SEWER Shall mean a sewer under the jurisdiction of a public authority. 1.24 RESOLUTION Legislation approved by the County Commission

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SECTION 1.......................................................... 5 1.0 DEFINITIONS ................................................. 5

1.1 BACKFLOW ................................................ 5 1.2 BACKFLOW PREVENTION DEVICE .............................. 5 1.3 BIOLOGICAL OXYGEN DEMAND (BOD) ........................... 5 1.4 BUILDING DRAIN ............................................ 5 1.5 BUILDING SEWER............................................ 5 1.6 CHEMICAL OXYGEN DEMAND (COD)............................. 5 1.7 COUNTY COMMISSION........................................ 5 1.8 CROSS-CONNECTION ........................................ 5 1.9 CUL-DE-SAC ................................................ 6 1.10 EASEMENT ................................................. 6 1.11 ENGINEER/PROFESSIONAL ENGINEER........................... 6 1.12 FIRE LINE .................................................. 6 1.13 FRONT FOOTAGE............................................ 6 1.14 GARBAGE.................................................. 6 1.15 INDUSTRIAL WASTES ........................................ 6 1.16 INSPECTOR ................................................ 6 1.17 MASTER PLAN .............................................. 6 1.18 NATURAL OUTLET ........................................... 7 1.19 OWNER.................................................... 7 1.20 pH ........................................................ 7 1.21 PLUMBER .................................................. 7 1.22 PROPERLY SHREDDED GARBAGE .............................. 7 1.23 PUBLIC SEWER ............................................. 7 1.24 RESOLUTION ............................................... 7 1.25 RIGHT-OF-WAY.............................................. 7 1.26 RULES AND REGULATIONS .................................... 7 1.27 SANITARY ENGINEER ........................................ 7 1.28 SANITARY ENGINEERING DEPARTMENT ......................... 8 1.29 SANITARY SEWER ........................................... 8 1.30 SEWAGE................................................... 8 1.31 SEWAGE TREATMENT PLANT .................................. 8 1.32 SEWAGE WORKS ............................................ 8 1.33 SHALL/MAY ................................................ 8 1.34 SLUGS .................................................... 8 1.35 SPECIFICATIONS ............................................ 8 1.36 STORM DRAIN .............................................. 8 1.37 SUSPENDED SOLIDS ......................................... 8 1.38 TAMPERING ................................................ 9 1.39 WATER .................................................... 9 1.40 WATERCOURSE ............................................. 9 1.41 WATER WORKS ............................................. 9

SECTION 2......................................................... 10 2.0 GENERAL CONDITIONS........................................ 10

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2.1 AUTHORITY ............................................... 10 2.2 OWNERSHIP AND CONTROL .................................. 10 2.3 EFFECTIVE DATE ........................................... 10 2.4 VALIDITY.................................................. 10 2.5 ENFORCEMENT ............................................ 10 2.6 VIOLATION ................................................ 10 2.7 PENALTIES ................................................ 11 2.8 JURISDICTION ............................................. 11 2.9 AGREEMENT............................................... 11 2.10 DEVIATIONS FROM THIS POLICY............................... 11 2.11 AMENDMENT RIGHTS........................................ 11 2.12 INTERPRETATION........................................... 11 2.13 SANITARY ENGINEERING DEPARTMENT PERSONNEL.............. 12

SECTION 3......................................................... 13 3.0 WATER SYSTEM ............................................. 13

3.1 GENERAL ................................................. 13 3.2 DOMESTIC WATER SERVICES ................................. 15 3.3 SPECIAL WATER METERS .................................... 19 3.4 METER TESTING............................................ 20 3.5 METER REPAIR............................................. 20 3.6 MISCELLANEOUS APPURTENANCES ........................... 20 3.7 FIRE LINE POLICY .......................................... 21 3.8 BILLING METHODS AND PROCEDURES ......................... 25 3.9 REPAIR AND MAINTENANCE .................................. 27 3.10 TAMPERING WITH THE SYSTEM ............................... 29 3.11 GUARANTEE OF SUPPLY..................................... 29 3.12 BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL POLICY30

SECTION 4......................................................... 32 4.0 SANITARY COLLECTION SYSTEM................................ 32

4.1 WASTE TO BE DISCHARGED IN SANITARY SEWER ................ 32 4.2 PROHIBITED WASTES ....................................... 32 4.3 JUDGMENT OF WASTE QUALITY............................... 35 4.4 SPECIAL APPURTENANCES .................................. 36 4.5 TESTING .................................................. 36 4.6 BILLING METHODS AND PROCEDURES ......................... 37 4.7 REPAIR AND MAINTENANCE .................................. 38 4.8 TAMPERING WITH THE SYSTEM ............................... 39 4.9 SANITARY SEWER DESIGN ................................... 39

SECTION 5......................................................... 42 5.0 PROCEDURES AND PERMITS ................................... 42

5.1 PERMITS.................................................. 42 5.2 PRIVATE DEVELOPMENT AND IMPROVEMENT PROCEDURES........ 44 5.3 INSURANCE AND BONDING ................................... 44 5.4 CONSTRUCTION............................................ 45 5.5 INSPECTION ............................................... 45

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SECTION 6......................................................... 48 6.0 SCHEDULE OF CHARGES ...................................... 48

6.1 RATES AND FEES........................................... 48 6.2 CHARGES/JURISDICTIONS.................................... 48

SECTION 7......................................................... 49 7.0 ENGINEERING PROCEDURES ................................... 49

7.1 SANITARY AND WATER EXTENSION REQUEST ................... 49 7.2 EASEMENTS............................................... 49 7.3 CONSTRUCTION PLANS...................................... 50 7.4 PRIVATE DEVELOPMENT BONDING PROCEDURE ................. 59 7.5 7.5 PRIVATE IMPROVEMENT RELEASE PROCEDURES.............. 61 7.6 PROTECTION PROCEDURES .................................. 64 7.7 7.7 OVERSIZE REIMBURSEMENT PROCEDURES................... 66

SECTION 8......................................................... 68 RESOLUTION ................................................... 68

8.0 SOIL EROSION AND SEDIMENTATION ............................ 70 8.1 REQUIREMENTS FOR SUBDIVISIONS (EXCLUDING LOT SPLITS) ...... 70 8.2 REQUIREMENTS FOR SINGLE LOTS ............................ 72 8.3 REQUIREMENTS FOR PUBLIC FUNDED CONSTRUCTION............ 74 8.4 SUBMITTALS .............................................. 76

ATTACHMENT A .................................................... 78 PRELIMINARY REQUEST ............................................ 78

ATTACHMENT B .................................................... 79 MUNICIPAL INDUSTRIAL PRETREATMENT PROGRAM..................... 79

1.0 PURPOSES ................................................ 80 1.1 DEFINITIONS............................................... 81 2.0 PROHIBITED DISCHARGES ................................... 89

SECTION 3 ....................................................... 93 3.0 WASTEWATER DISCHARGE PERMITS........................... 93 3.1 PROCEDURES FOR ISSUING WASTEWATER DISCHARGE PERMITS ... 93 3.2 CONDITIONS OF ISSUANCE OF WASTEWATER DISCHARGE PERMITS . 95

SECTION 4 ...................................................... 100 4.0 CHARGES FOR USING PUBLICLY OWNED TREATMENT ............ 100 4.1 CHARGES FOR AUTHORIZED USE............................. 100 4.2 PROHIBITED DISCHARGE SURCHARGES AND FINES ............. 101

SECTION 5 ...................................................... 102 5.0 ADMINISTRATIVE PROCEDURES.............................. 102 5.1 DETERMINATION OF RATES OF CHARGES ..................... 102 5.2 DETERMINATION OF PROHIBITED USE ......................... 102 5.3 ADMINISTRATIVE APPEAL BY AGGRIEVED USER ................ 103 5.4 CIVIL ACTIONS TO ENFORCE REGULATIONS .................... 105 5.5 MISCELLANEOUS PROVISIONS ............................... 106

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SECTION 1 1.0 DEFINITIONS

For the purpose of this resolution certain terms and words are herein defined as follows: Words used in the singular number include the plural number and vice-versa.

1.1 BACKFLOW The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water supply from any source other than the intended source of the potable water supply.

1.2 BACKFLOW PREVENTION DEVICE Any device, method, or type of construction intended to prevent backflow into potable water system.

1.3 BIOLOGICAL OXYGEN DEMAND (BOD) The amount of oxygen utilized by micro-organisms in the stabilization of wastewater.

1.4 BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning three feet (3’) outside the building wall.

1.5 BUILDING SEWER That part of the horizontal piping of a drainage system which extends from the end of the building drain, and which receives the discharge of the building drain, and conveys it to a public sewer, private sewer, individual sewage disposal system, or other approved point of disposal.

1.6 CHEMICAL OXYGEN DEMAND (COD)

A quantitative measure of the amount of oxygen required for the chemical oxidation of carbonaceous (organic) material in wastewater using inorganic dichromate or permanganate salts as oxidants in a two-hour test. Commonly abbreviated COD.

1.7 COUNTY COMMISSION The duly elected members of the Board of County Commissioners of Montgomery County, Ohio.

1.8 CROSS-CONNECTION

Any arrangement whereby backflow can occur.

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1.9 CUL-DE-SAC

A minor street having one end open to traffic and one end being permanently terminated in a vehicular turnaround.

1.10 EASEMENT

A grant of a specified use of land by its owner to the County Commission for installation, maintenance, repair, removal, and replacement of sanitary sewer and water lines and their appurtenances.

1.11 ENGINEER/PROFESSIONAL ENGINEER

A registered Professional Engineer licensed to practice engineering as defined by the Registration Act of the State of Ohio.

1.12 FIRE LINE

Shall be any line which is exclusively used for purposes of fire sprinklers and/or private fire hydrants.

1.13 FRONT FOOTAGE

The length of a property adjacent to a public sewer or water line.

1.14 GARBAGE

Shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

1.15 INDUSTRIAL WASTES

Shall mean the liquid and solid wastes from industrial manufacturing process, trade or business, as distinguished from sanitary sewage.

1.16 INSPECTOR

A duly appointed representative of the Sanitary Engineering Department who is responsible to the Sanitary Engineer for the enforcement of specifications, rules and regulations and quality of construction.

1.17 MASTER PLAN

A plan for sewer and water development adopted or revised by the County Commission to ensure ultimate development to which all major improvement must conform.

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1.18 NATURAL OUTLET

Shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

1.19 OWNER

The Board of County Commissioners of Montgomery County, Ohio.

1.20 pH

A measure of the hydrogen-ion concentration is solution, expressed as the logarithm of the reciprocal of the hydrogen-ion concentration in gram moles per liter.

1.21 PLUMBER

A person who has sufficient practical knowledge and mechanical competency to do plumbing, and drain laying; shall be bonded as necessary to perform work in Montgomery County.

1.22 PROPERLY SHREDDED GARBAGE

Shall mean the wastes from the preparation of cooking, and dispensing of food that have been separated to such a degree that all parts will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than on-half inch (1/2”) (1.2 centimeters) in any dimension.

1.23 PUBLIC SEWER

Shall mean a sewer under the jurisdiction of a public authority.

1.24 RESOLUTION

Legislation approved by the County Commission.

1.25 RIGHT-OF-WAY

The width between property lines of a dedicated street or alley.

1.26 RULES AND REGULATIONS

The articles and sections adopted by resolution and contained herein.

1.27 SANITARY ENGINEER

The registered Professional Engineer appointed as Director of the Sanitary Engineering Department by the County Commission.

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1.28 SANITARY ENGINEERING DEPARTMENT

That department authorized by the County Commission to assist them in the performance of its duties by Chapters 6103 and 6117 of the Ohio Revised Code (O.R.C.).

1.29 SANITARY SEWER

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

1.30 SEWAGE

Household and commercial wastewater that contains human waste.

1.31 SEWAGE TREATMENT PLANT

Shall mean all facilities for collecting, pumping, treating and disposing of sewage.

1.32 SEWAGE WORKS

Shall mean all facilities for collecting, pumping, treating and disposing of sewage.

1.33 SHALL/MAY

The word “shall” is mandatory and not directory, and “may” is permissive.

1.34 SLUGS

Shall mean any discharge of water, sewage, or industrial waste which in concentration of any constituent substance or in quantity of flow exceeds, for any duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour period, concentration of flows during normal operations.

1.35 SPECIFICATIONS

Construction requirements adopted by the County Commission by resolution.

1.36 STORM DRAIN

(Sometimes termed “storm sewer”) Shall mean a sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.

1.37 SUSPENDED SOLIDS

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.

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1.38 TAMPERING

Any act pertaining to or use of, the sanitary sewer and water systems of Montgomery County, which in the opinion of the Sanitary Engineer may endanger the public health, safety or welfare. This includes any unauthorized connection of a service without the express authorization of the Sanitary Engineering Department.

1.39 WATER

Service of water delivered to the customer for drinking, sanitation, fire protection or industrial use.

1.40 WATERCOURSE

Shall mean a natural channel in which a flow of water occurs, either continuously or intermittently.

1.41 WATER WORKS

Shall mean all facilities for pumping, treating, storage, and distribution of water.

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SECTION 2

2.0 GENERAL CONDITIONS 2.1 AUTHORITY

The Ohio Revised Code, Chapters 6103 and 6117, empowers the County Commission of Montgomery County, Ohio to adopt rules and regulations governing policies essential to the operation of the Sanitary Engineering Department under their jurisdiction.

2.2 OWNERSHIP AND CONTROL

The public water and sanitary sewer supply system of Montgomery County, Ohio including all appurtenances, is under the control of the Sanitary Engineering Department and its authorized agents and employees. Such control shall include all phases and fixtures of metering for water.

2.3 EFFECTIVE DATE

These rules and regulations shall be effective from the date established by passage of a resolution by the County Commission of Montgomery County, Ohio. Henceforth, any other rules and/or regulations previously adopted by the County Commission of Montgomery County, Ohio, which are in direct conflict with this set of adopted rules and regulations, shall be deemed to be repealed and superseded.

2.4 VALIDITY Should any section or individual provision of these rules and regulations be decided by the courts to be unconstitutional or invalid, such a decision shall not affect the validity of the rules and regulations as a whole, or any part thereof, other than the particular portion so held to be unconstitutional or invalid. It is the intention that these rules and regulations are deemed to be independent one from the other.

2.5 ENFORCEMENT

These rules and regulations shall be enforced by the Sanitary Engineering Department, or its designated representative, as directed by the County Commission.

2.6 VIOLATION

It shall constitute a violation for any person, firm, group, or corporation, either owner or agent, to tamper with or attempt to use facilities provided by the Sanitary Engineering Department without first obtaining the necessary permits and approvals. Any person, firm, group, or corporation, either owner or agent, that obtains a permit or approval based on a false statement made in order to deceive the Sanitary Engineering Department shall be held in violation of these Rules and Regulations and subject to prosecution.

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2.7 PENALTIES

Any person, firm, group, or corporation, either owner or agent, committing a violation of these rules and regulations shall be subject to revocation or suspension of permits or license, and may be deemed guilty of a misdemeanor, and if convicted may be fined as the penalties provide in the Ohio Revised Code. In addition, the violator of these rules and regulations shall be liable and responsible for any and all damages incurred as a result of the violation.

2.8 JURISDICTION

These rules and regulations, as established or amended, shall be made applicable to all persons within the Sewer and Water Districts of Montgomery County and within the same Districts of Warren County.

2.9 AGREEMENT

Application for a permit or a meter shall thereby evidence the applicant’s acceptance of, and agreement to be bound by, these rules and regulations.

2.10 DEVIATIONS FROM THIS POLICY

Deviations from this policy shall be approved in writing by the Sanitary Engineer, and he may require additional measures as necessary to ensure the health, safety, and interest of the other Users of the system.

2.11 AMENDMENT RIGHTS

The County Commission may, by resolution, change, amend, or supplement these rules and regulations. The Sanitary Engineering Department shall determine how such changes, amendments or supplements shall affect facilities in existence or in the process of completion.

2.12 INTERPRETATION

2.12.01 The provisions of these rules and regulations shall be the minimum requirements adopted for the promotion of health, safety, and welfare of the citizens and employees of Montgomery County, Ohio. These regulations are not intended to repeal, abrogate, annul, or in any manner interfere with any existing laws. 2.12.02 No provision in this article shall be so construed as to relieve a person, firm or corporation of furnishing all private engineering services necessary in connection with the improvements.

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2.12.03 No inspections shall be scheduled without the plumber or contractor supplying a permit number to the Sanitary Engineering Department inspector or dispatcher. 2.12.04 In the event that the written notes on the approved construction drawing differ from the specifications, and rules and regulations, the correct instruction shall be contained in – first the approved construction drawings; second – the rules and regulations; third – the specifications, in that order. All discrepancies shall be resolved in this manner.

2.13 SANITARY ENGINEERING DEPARTMENT PERSONNEL

Inspectors, Meter Readers, or employees of the Sanitary Engineering Department whose duty constitutes entrance upon private property, or into private premises, in connection with Sanitary Engineering Department business, shall be equipped with proper credentials as the Sanitary Engineering Department may deem necessary to identify them as agents of the Sanitary Engineering Department. Such authorized employees shall have access to the premises, at reasonable hours, to examine fixtures and record amounts and manners in which systems are being utilized. Should access be denied, these services shall be discontinued and not restored until such a time as access is granted.

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SECTION 3

3.0 WATER SYSTEM 3.1 GENERAL

3.1.01 No physical connection shall be made between any other source of water or liquid and the Sanitary Engineering Department water supply piping. No spigot or outlet shall be physically connected to a drain or sewer or be submerged. 3.1.02 There shall be no electrical grounding of direct current permitted on the water system or any private extension thereof. 3.1.03 Any consumer may have a service discontinued by request to the Sanitary Engineering Department office. The meter will be removed and water shut off at the curb stop by the Sanitary Engineering Department. Should it not be possible to obtain a final reading, a final billing will be estimated on the time elapsed since the last reading and the estimated consumption as determined by the Sanitary Engineering Department. The final billing shall not be less than the fixed charges pro rated for the time the water was used. 3.1.04 Meter readings will be taken quarterly and as near the same date as is practicable. If the meter reader is unable to obtain a reading because a meter is non-functioning, it will be replaced and the amount of water consumed will be estimated. If the meter reader cannot gain entrance, he/she will leave a card upon which the User may record the meter reading and return it to the Sanitary Engineering Department. The Sanitary Engineering Department will base its current bill upon the reading sent in by the customer. If a card is not returned, the bill will be estimated based upon past consumption records. This will be done for not more than three (3) consecutive meter reading periods. Meters must be read at least once a year. For meters not read at least once in each twelve months, the County will have the service discontinued. 3.1.05 The Sanitary Engineering Department may make a charge for any service requiring a special trip to the property, such as but not limited to temporary shut offs. No person other than an authorized agent of the Sanitary Engineering Department may turn on water to any premises.

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3.1.06 A list of all current charges, fees, and rates for the various water services performed are on file in the Sanitary Engineering Department office. These charges, fees and rates are subject to amendment by the County Commission of Montgomery County, Ohio and are not to be construed as being fixed for an indefinite period of time. 3.1.07 All water mains must be a minimum of ten feet (10’) from any structure or a distance equal to the depth one foot (1’) below the bottom of the water main, whichever is greater. Building and Structures are not to be constructed within water and/or sanitary sewer easements. 3.1.08 The Sanitary Engineering Department recommends minimizing the running of water mains between lots. If not possible, the water main must be centered in a minimum twenty-foot (20’) wide easement. If the bottom of the trench exceeds ten feet (10’), an additional two feet (2’) of easement width is required for each additional foot of depth, as a minimum. 3.1.09 All taps on concrete water mains will be made by Price Brothers Company or a company approved by the Sanitary Engineering Department. 3.1.10 Water mains should be located outside pavement (in dedicated public right-of-ways) whenever possible unless approved by Montgomery County Sanitary Engineering Department. 3.1.11 Large (three-inch (3”) or larger) domestic and fire line valves (OS&Y) in pits or buildings allow use of left or right hand open valves as long as all valves operate in the same direction and are clearly marked as to their operation. 3.1.12 Retainer glands, Field-Lok gaskets, or approved equivalent are allowable for use with mechanical joint/push-on pipe in lieu of restrained joint pipe on private development projects (excluding hydrant branches). All joints utilizing Field-Lok gaskets shall be properly identified with white tape. 3.1.13 The minimum water main size shall be eight inches (8”).

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3.1.14 Water mains in cul-de-sacs should be looped when possible. The minimum pipe size on water main loops will be six inches (6”). No services shall be made on the six inch (6”) loop. 3.1.15 Dead ends shall be minimized by looping of all mains on an individual basis subject to approval. Where dead-end mains are approved by special permission, they shall be provided with a fire hydrant for flushing purposes. 3.1.16 To receive water service, the water mains shall be installed across the entire frontage of the parcel affected.

3.2 DOMESTIC WATER SERVICES

3.2.01 No meter shall be set until final inspection of the water service and/or meter pit has been made and approved. It is a violation of these rules and regulations for anyone to move into any structure until after Sanitary Engineering Department Inspection, approval and acceptance for metering. 3.2.02 Any meter violation shall be considered as tampering with the water system and shall carry the penalty as outlined in Chapter 6103 section of the Ohio Revised Code. 3.2.03 Meters are owned and installed by the Sanitary Engineering Department. The installation charge will be reflected on the customer’s first bill. A schedule of such charges is available at the Sanitary Engineering Department, Customer Service Division, 1850 Spaulding Road, Kettering, Ohio 45432. 3.2.04 Service lines shall be a minimum of one inch (1”) diameter from the main to the meter. In copper service lines, maximum lengths must be used from main to curb stop and from curb stop to meter assembly. No couplings are permitted under pavement. (Exception: existing three-fourths inch (3/4”) service stubs may be extended to the meter with three-fourths inch (3/4”) copper type K to the meter assembly)

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3.2.05 It will be necessary to show water services including the existing main(s) and service line(s), size, curb stop and meter pit location or inside meter room on construction plans for commercial, industrial, multi-family developments and cul-de-sacs in single family residential developments. 3.2.06 All new domestic water service material specifications and inspection up to and including shut-off or by-pass connection on the customer’s side of meter shall conform to Sanitary Engineering Department’s regulations. 3.2.07 A reduction of meter size one size smaller than the service line is permitted. The spread shall be the same size as the service piping size (i.e., if the service is a two inch (2”) diameter size, which would allow a one and one-half inch (1 ½”) meter set; the meter spread shall be the two inch (2”) service size). This is for one and one-half inch (1 ½”) diameter or greater services. When a meter size reduction is installed the contractor/plumber shall furnish and install the necessary reducers, piping gaskets, etc. 3.2.08 Sewer and water services must have ten feet (10’) minimum horizontal separation. If this is not attainable, a minimum twelve inch (12”) vertical separation with the water service above the sewer service (shelved in the trench). Fire and domestic water service lines must have a minimum three-foot (3’) horizontal separation. Service lines shall be a minimum of five feet (5’) from existing or proposed side property lines. 3.2.09 Water laterals are to be perpendicular to the main from the main to meter location where practical. All others will be reviewed on a case-by-case basis and must be shown on construction plans. 0. The curb stop shall be located at the right-of-way or easement line and

consistent throughout the development. 0. Meter pit location shall be three feet (3’) maximum from curb stop unless

approved by the Sanitary Engineering Department at another location. No obstructions or landscaping shall be placed on the meter pit cover at any time. Meter pits are not to be located in open drainage swales and ditches, or in detention/retention basins.

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3. Three-inch (3”) DCI services must start with a four-inch (4”) valve at the main. Then the contractor can install a four-inch (4”) x three-inch (3”) reducer at the valve or run four inch (4”) to the meter.

15. All piping, valves, meters, etc., must have eighteen inch (18”) minimum

clearance, except as approved or required by the Sanitary Engineering Department.

15. Meters (domestic, deduct and/or monitor meters) may be installed inside of

structure provided the following requirements are met:

. Domestic meters (if only domestic service) must be one and on-half inch (1 ½”) minimum to be located inside a building and meet all other requirements. Exception: Meters smaller than one and one-half inch (1 ½”) may be located inside a building only when there is a combination fire line/domestic service line with the detector check assembly is located inside the building (must still meet all other requirements).

. The riser or first flange must be located next to the outside wall where

their service line enters the building.

. The centerline of the meter(s) cannot be located more than four foot six inches (4’6”) above the finished floor.

. All domestic and deduct meters must be installed horizontally with the

dial to the top. Monitor meters may be installed vertically as part of the double check-detector assembly.

. All meters must be located within the same room inside the structure.

The meter may not be placed in an unheated space, garage, vehicle area, etc. when there is a likelihood of the service line freezing.

. An outside access door to the meter room is required. If the meters are

in a large area, the outside access door must be within twenty feet (20’) of the meters. There must be a clear unobstructed path between the door and the meter(s).

. The maximum distance allowed between the property line (right-of-way

or easement line) and the meter(s) location is one hundred feet (100’).

. The service line must be straight from the service tap at the main to the meter location within the structure. An exception is permitted for three-inch (3”) and larger DCI service lines to install one ninety degree (90°) bend if the meter room is on the side of the building.

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. New construction inside meter sets require installation of read pads or radio read systems. MCSED will determine which system is required on a case-by-case basis. The property owner is responsible for the cost of the automatic meter reading (AMR) system.

3.2.10 All meter pits are to be located in non-traffic areas, with the following exception:

If approved to be located in pavement or other traffic areas, they must be protected with concrete-filled steel or ductile iron posts four-inch (4”) diameter and at a location that will protect the meter pit as required by the Sanitary Engineering Department.

3.2.11

Meters can only be relocated closer to a source of supply provided it reduces the amount of plumbing required. It is acceptable to replace a domestic meter pit with a combination fire line/domestic service inside a building provided all requirements listed in section 3.2.09 are met. Any water service that is not utilized shall be abandoned at the main. 3.2.12 Recommended number of meters: Service Size Number of Services and Meters (same structure) 1” Service = 2 1 ½” Service = 3 or 4 2” Service = 5 No more than five (5) meters are recommended on any one service branch, with each structure having its own service. Each meter must have a curb stop in addition to the main service line curb stop at easement or right-of-way line. If more than the recommended number of meters is proposed, the plumber must supply calculations to verify adequate flow. 3.2.13 No private water lines shall be installed on any private property other than the one being served and cannot cross property lines. 3.2.14 Each service with a one and one-half inch (1 ½”) or larger meter shall be provided with an equal size by-pass; exception, one and one-half inch (1 ½”) or two inch (2”) service which uses “coppersetters”, may have a one inch (1”) (min) bypass line. The by-pass must be valved so that it can be sealed to prevent its use by anyone except Sanitary Engineering Department personnel.

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3.2.15 When a service is installed to a meter, and the customer wishes to use a larger or smaller service line to the building, the service shall be enlarged or reduced after (towards the structure) the meter assembly. 3.2.16 No earthen materials shall be placed over the meter pit unless structural certification is submitted and approved.

3.3 SPECIAL WATER METERS

3.3.01 Water-only meters will be permitted for irrigation or other special situations as approved by MCSED. 3.3.02 Customers who use large amounts of water for lawn sprinkling, air conditioning, etc., may realize considerable savings in sewer charges by having a separate meter installed to measure this water, since sanitary sewer charges are based upon the amount of water consumed. Water so used does not terminate in the sanitary sewer system, therefore, no sewer rental charges will be rendered on this special use of water. Water-only meters must be located at the site of the domestic meter unless authorized by the Sanitary Engineering Department. The owner must bear the full cost of such installation. The meter will be provided and installed by the Sanitary Engineering Department. 3.3.03 For customers who have pre-existing deduct meter installations, no bill adjustments will be given for malfunctioning or improperly installed meters. Deduct meters remain the property of the customers. Replacement meters must be purchased from the Sanitary Engineering Department. 3.3.04 Remote meter reading devices for non-domestic applications will be reviewed for approval on a case-by-case basis. The plumber shall install all necessary fitting and wiring.

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3.3.05 Water-only metered service applications will be reviewed for approval on a case-by-case basis.

3.4 METER TESTING 3.4.01 The Sanitary Engineering Department will test and correct any meter, which in its judgment is registered incorrectly, without the consent of any customer. Also, upon request, the Sanitary Engineering Department will test any of its meters and guarantee the accuracy against any overcharge within two percent (2%). Proper refund shall be made if the test shows the customer has been overcharged. In order to protect the Sanitary Engineering Department against unreasonable demands for this service, a charge shall be made if the test shows the meter to be registering properly.

3.5 METER REPAIR

3.5.01 The Sanitary Engineering Department has the right to repair or replace any meter where, in its judgment, it is deemed necessary. The customer shall be notified in writing if adjacent piping needs repair prior to changing the meter and advised of a non-compliance shut-off date.

3.6 MISCELLANEOUS APPURTENANCES

3.6.01 FIRE HYDRANT USE 0. If a fire hydrant is damaged by any person, he/she shall, upon demand by the

Sanitary Engineering Department, pay all costs and expenses incurred in the repair of the fire hydrant. In case of fire or inspection, the fire department shall have the right to use any hydrant, hose, pipe, or other fixture. They shall notify in writing the Sanitary Engineering Department of any use for maintenance purposes.

0. Water may be taken from a fire hydrant after obtaining the proper permit at the

office of the Sanitary Engineering Department. The applicant becomes responsible and shall pay for all water consumed at the regular rates.

0. All fire flow test must be approved by the Sanitary Engineering Department five

(5) days prior to the proposed test. The permit cost for each test shall be in accordance with the latest fee schedule approved by the County Commission.

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0. Fire hydrants shall be connected only to water mains adequately sized to carry

fire flows.

0. The face of all fire hydrants shall be located not less than two feet (2’) and no more than five feet (5’) back of curb, except by special permission.

0. Spacing between fire hydrants shall not exceed five hundred feet (500’) in

single-family residential developments and shall not exceed three hundred feet (300’) in multi-family residential, industrial and commercial areas.

0. No domestic service shall be taken off a fire line or fire hydrant branch.

Exception would be for a combination fire/domestic service line. A hydrant branch is defined as the piping between the watch valve and the fire hydrant. Service must be before the fire hydrant’s watch valve, or the fire line double detector check assembly.

0. The maximum distance allowed on a fire hydrant branch is fifty feet (50’). The

fire hydrant branch is the anchor piping between the six-inch (6”) watch valve and the fire hydrant.

2.5.01 VALVE, AIR RELIEF, METER AND BLOW-OFF CHAMBERS

0. Air and sediment accumulations may be removed through a standard fire

hydrant, and compressed air and pumping may be used for de-watering mains through hydrants.

0. Chambers or pits containing valves, blow-offs, meters or other such

appurtenances to a distribution system, shall not be connected directly to any storm drain or sanitary sewer, nor shall blow-offs or air-relief valves be connected directly to any sewer.

a. Such chambers or pits shall be drained to the surface of the ground

where they are not subject to flooding by surface water, or to absorption pits underground.

3. The open end of an air-relief pipe should be extended from pit or enclosing

chamber to a point at least one foot above ground and provided with a screened, downward facing elbow.

2.5 FIRE LINE POLICY

2.6.00 APPLICATION OF POLICY AND SANITARY ENGINEERING DEPARTMENT SPECIFICATIONS

0. The installation of fire protection service connections to supply water to private

fire hydrants and fire sprinkler systems shall be permitted when an application and plans for such service have been approved by the Sanitary Engineering Department.

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0. Sanitary Engineering Department construction specifications shall be in effect to

and including all fire lines from the main line connection up to and including the outlet valve of the double detector check assembly.

0. Testing of fire lines required by other agencies that exceed Sanitary

Engineering Department standards may be used to meet Sanitary Engineering Department requirements.

0. Failure to repair a leak in a fire line within the time specified in a written notice

by the Sanitary Engineering Department shall be cause for discontinuance of fire line service. Forty-eight (48) hours prior to termination of fire service, the Local fire and police departments shall be notified so as to ensure public safety.

0. The Sanitary Engineering Department does not accept responsibility for

ensuring proper fire hydrant connections to lines not under its control (beyond the double detector check assembly).

0. The application of the Sanitary Engineering Department policy and

specifications does not ensure conformance to Underwriter’s Laboratory approval, insurance company approval, nor approval of any other agency.

0. No person other than an authorized agent of the Sanitary Engineering

Department, or permit applicant shall use any fire hydrant for any purpose. Permits issued for fire hydrant use shall be carried at all times by the permit applicant.

2.6.00 DOUBLE DETECTOR CHECK VALVES

0. Any fire sprinkler system line or any private fire hydrant line connected to the

Sanitary Engineering Department water system shall be equipped with an OEPA approved double detector check valve assembly including a monitor meter with remote read register acceptable to MCSED.

0. The installation shall be in such a manner as to meter low flows into the fire

system and positively prohibit the illegal use of water.

0. All private fire hydrants shall be served downstream of the double detector check valve assembly.

0. The double detector check valve assembly shall be the property of the

customer. Purchase and repairs shall be made at his/her expense.

a. The double detector check valve shall be fitted with necessary “K” copper or brass plumbing and approved monitor meter.

0. The double detector check valve shall be Underwriter’s Laboratory Factory

Mutual (ULFM) approved. Acceptable brands and models are as noted on the OEPA approved list (latest edition).

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2.6.00 MONITOR METERS

The monitor meter shall be installed a maximum of four feet six inches (4’6”) above floor in all cases regardless of how the double detector check is installed. 2.6.00 DOUBLE DETECTOR CHECK LOCATION

0. The double detector check shall be located in a pit on all installations where the

domestic service meter is located in a pit. Both pits shall be in the same general location (twenty feet (20’) maximum apart at easement or property line). It is acceptable to replace the existing meter pit with a combination fire line/domestic service inside a building provided all requirements of section 3.2.09 are met.

2. A structure exempted from a pit shall locate the double detector check

assembly in the structure in the same general location as the domestic meter (same room and twenty feet (20’) maximum separation).

3.7.05 PIT SPECIFICATIONS

2. When a pit is required, detailed drawings shall be submitted and the following

specifications shall be met:

. Shall be of masonry construction; either pre-cast or poured in place. . Shall have a masonry floor and top. . Shall have a six-foot (6’) minimum working height. . Shall have an opening of sufficient size to permit reading of monitor

meter from above ground and allow for easy removal of fittings. . Lid shall be metal and lockable. . Shall have a two-foot (2’) x two-foot (2’) sump hole with permanent sump

pump. . Shall have permanent steps plastic (PS1-PF) twelve inches (12”) on

center.

2. Pit may also contain a domestic meter and water-only provided drawings show there is sufficient room and meet minimum pipe separation of eighteen inches (18”).

2.6.05 COMBINATION FIRE/DOMESTIC SERVICE

Combination fire/domestic services will be permitted. A tee and valve for the domestic branch shall be installed ahead of the inlet valve of the double detector check valve.

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2.6.05 APPROVAL/PERMIT ISSUANCE

8. Request for approval of fire line and combination fire/domestic installations shall

be reviewed after submission of detailed plans.

. All underground utilities shall be shown with notation of materials used. . Pit details, where applicable, shall be shown with dimensions on all

fittings and proper separation of piping (eighteen inch (18”) minimum).

8. Permits will be issued after:

. Detailed plans are approved. . Payment is made for all applicable fees (inspection, flush test, monitor

meter, etc.). . Permit applicant is properly bonded.

2.6.05 SERVICE CHARGES

1. All private fire lines and private fire hydrants connected to the water system

shall be subject to minimum charges.

1. The usage recorded on the monitor meter shall be charged at the normal rate. Such meters shall be subject to minimum charges.

1. There shall be no charge for water used in the extinguishment of a fire.

1. Failure to pay fire line or hydrant charges within the specified time shall be

cause to terminate service.

1. The schedule of charges is on file at the Sanitary Engineering Department, Customer Service Division, 1850 Spaulding Road, Kettering, Ohio 45432.

2.6.05 DRY SYSTEMS AND ANTI-FREEZE

2. Dry systems or anti-freeze systems are required on all installations subject to

freezing. Anti-freeze shall be food-grade acceptable by the Ohio EPA.

2. The use of anti-freeze requires the installation of an approved reduced pressure assembly (ASSE1013) on the anti-freeze leg or a reduced pressure detector assembly (ASSE1047) at the service connection. This will be reviewed on a case-by-case basis.

2.6.05 OWNER RESPONSIBILITY

Personnel of the Sanitary Engineering Department shall have the right of entry to any facility with fire line connections to the water system to insure the integrity of the system is being maintained.

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4.9.20 EXTENSIONS/ADDITIONS

1. Fire line extensions and/or additions of private outside hydrants, as well as fire sprinkler system additions, shall be reviewed as an entire system.

1. Plans for the entire private fire system shall be provided to show that all

requirements of the fire line policy are met.

1. Expansion of systems with no existing detector check assembly shall be required to install a double detector check assembly in a location approved by the Sanitary Engineering Department.

1.7.15 BACKFLOW PREVENTION

A positive means of backflow prevention must be provided to ensure there is no possibility of a backflow through the monitor meter. 1.7.15 DEVIATIONS

7. Any deviation from this section shall be reviewed and considered on a case-by-

case basis.

7. Additional requirements may be imposed to ensure the health, safety, and interest of the Sanitary Engineering Department and General Public.

1.7 BILLING METHODS AND PROCEDURES

3.8.01 Owners of property shall be held responsible for water used on their premises, but statements may be mailed to another designated person, such as a tenant or agent. If a tenant does not pay in accordance with the Rules and Regulations of the Sanitary Engineering Department, the owner shall be responsible for all delinquent charges, even if he was not the owner when they were charged. Delinquent accounts against property shall be just-cause for terminating water service. The water rate schedule is available upon request at the office of the Sanitary Engineering Department. 3.8.02 As soon as practical, after reading the meter, a statement of the amount due shall be sent to the billing address on file in the Sanitary Engineering Department. If the bill is not paid by the date specified thereon for prompt payment, which date shall be no less than twenty-one (21) days from the date of rendition, a notice of service termination shall be sent. Such notice shall contain the date of service termination, which date shall be no less than forty-one (41) days from the date of bill rendition. If a bill remains unpaid on the date specified for service termination, the water will be turned off and not turned on again until all bills and charges are paid.

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3.8.03 When water has been turned off for any violation of the Rules and Regulations or failure to pay charges, the owner or occupant of such premises shall pay a fee for turning the water on. If all charges are not paid within two (2) weeks from the date the water is shut off, the meter will be removed or locked off. If the Sanitary Engineering Department is unable to obtain the meter, a notice shall be delivered to the property stating that arrangements must be made for removal or lock off of the meter within the next fourteen (14) days, and a duplicate copy of the notice shall be mailed to the address where the bill is regularly sent. All charges provided elsewhere in these Rules and Regulations shall be in full force and effect until the date the meter is removed or locked off and all charges, including a meter set charge, if the meter has been removed, shall be paid before service will be renewed. The address of occupied premises that are shut off for delinquency may be forwarded to the Montgomery County Combined Health District. 3.8.04 Should the Sanitary Engineering Department be unable to render quarterly bills because of labor shortage or some other deficiency in the Sanitary Engineering Department, the bill may be rendered for a shorter or longer period but at the same quarterly rate. 3.8.05 Estimated bills will be corrected if the customer makes request for correction before the net due date and presents satisfactory evidence to the Sanitary Engineering Department that the estimated bill differs from conditions prevailing during the period used as basis for the bill. 3.8.06 Partial payments when approved by the Sanitary Engineering Department may be accepted, but bills must be paid in full before the service termination date. 3.8.07 A late charge of ten percent (10%) shall be added on all water bills which are not paid by the date specified on the bill. The date shall not be less than seven (7) days from the date the bills are rendered. 3.8.08 If it has been necessary to turn off the service at the corporation stop by digging down to the main, the turn-on charge shall cover all expenses incurred and shall be in addition to the fees enumerated in the schedule of charges.

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3.8.09 When more than one part is supplied with water from the same service pipes and one of the parties, so supplied, fails to pay the bills when due, or fails to comply with the Rules and Regulations of the Sanitary Engineering Department, the water shall be shut off from such service pipes without liability in damage to any of the other parties services by such pipes.

1.7 REPAIR AND MAINTENANCE

3.9.01 The Sanitary Engineering Department shall maintain all water mains within public right-of-ways or within easements reserved or granted to Montgomery County. No maintenance will be done on water mains that do not lie within easements or dedicated right-of-ways. These lines shall be maintained by the owner. Service shall be discontinued until repairs have been completed to the satisfaction of the Sanitary Engineering Department. 3.9.02 If a break or leak occurs in any service line between the main line and the outlet side of the curb stop shutoff, the Sanitary Engineering Department will repair this at no expense to the owner of the property. The owner will be required to pay all costs of repair to a service line on his property (curb box shut-off to a structure). The Sanitary Engineering Department shall not be responsible for breakage of pipes or valves occurring during removal or installation of meters, or resulting from restoration of service where such breakage is due to old or faulty plumbing. 3.9.03 All charges for repairs to damaged meters must be paid when the next bill comes due. 3.9.04 Damage to water meters resulting from improper connections between boilers and furnaces or other appliances shall be the responsibility of the consumer and repairs will be charged to the owner. 3.9.05 No extensions, alterations, or repairs shall be made to any water pipes or fixtures between meter and curb stop except by a licensed and bonded plumber and/or with the approval of the Sanitary Engineering Department.

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3.9.06 The Sanitary Engineering Department is responsible for the water main, and water services up to and including the curb stop and the curb box. Any water service from the curb stop to a structure is the customer’s responsibility. 3.9.07 The property owner is responsible for the meter pit. If the meter pit is buried or is inaccessible, they shall be notified to have the defect corrected. Meter pits must be accessible at all times to MCSED personnel. 3.9.08 When a residential or commercial water meter (one inch (1”) or less) is located inside a structure and a repair is required to the outside underground piping, the water meter shall be relocated to an outside meter pit. The customer shall be responsible for the associated costs. 3.9.09 If a leak occurs on the customer’s side of the curb stop, they shall be required to repair the service line within thirty (30) days of written notification, or the water shall be turned off until the repair is made. Service shall be discontinued until repairs have been completed to the satisfaction of the Sanitary Engineering Department. 3.9.10 Water service repairs and replacements between the curb stop and the structure will require a permit and inspection from the Montgomery County Board of Health Plumbing Inspection and the Sanitary Engineering Department in areas other than Kettering. 5. Repairs and replacements between the curb stop and the structure within the

City of Kettering corporation line will require a permit and inspection from the City of Kettering Plumbing Inspector.

5. If the curb stop or meter is to be relocated or repaired, a permit and inspection

will be required from the Sanitary Engineering Department.

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3.4 TAMPERING WITH THE SYSTEM

3.10.01 No person other than an authorized agent of the Sanitary Engineering Department may connect to any of its water lines without proper authorization. Tampering with or removal of any meter or parts thereof, or any seal, or insertion of a meter by-pass without permission of the Sanitary Engineering Department shall carry a penalty provided in Section 6103.29 of the Ohio Revised Code (O.R.C.). A tampering violation is also just-cause for having water service discontinued. 3.10.02 If the Sanitary Engineering Department finds that a meter seal has been broken, a connection installed ahead of the meter, an unauthorized jumper bar is inserted in the meter spread, a bypass valve opened without the permission of MCSED, or there is evidence that the meter has been tampered with, the water will be shut off and will not be turned on again until the customer or owner of the premises pays for the estimated quantity of water which has been used and not registered, and in addition, shall pay a fee for turning on the water and may be required to upgrade the water service to current specifications. The criminal laws of the State of Ohio provide severe penalties for tampering with water meters, meter seals, valves, and other devices in the water system. The penalties herein provided are in addition to the penalties provided by the criminal laws of the State of Ohio, and the payment of penalties herein mentioned will not in any way relieve any person from prosecution. 3.10.03 No person shall unlawfully secure a supply of water through a corporation stop, curb stop, valve or other device after it has been closed for the violation of the Rules and Regulations of the Sanitary Engineering Department without first having secured the necessary permit from the Sanitary Engineering Department. 3.10.04 When a water service is locked off by MCSED and then the lock is removed or broken, by someone other than MCSED personnel, the customer will be charged in accordance with the Sanitary Engineering Department fee schedule and may be required to upgrade the water service to current specifications.

1.7 GUARANTEE OF SUPPLY

The Sanitary Engineering Department does not guarantee a fixed pressure or continuous supply of water, but will, in an emergency, endeavor to notify affected customers. Those using steam boilers, gas engines, or other equipment whose operation depends on a supply of water direct from the service line should have a storage tank of sufficient gallonage to have an ample supply for an emergency, as no claims will be considered for damage arising from such shortage.

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3.6 BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL POLICY

3.12.01 As a condition for water service, the Sanitary Engineering Department Water Distribution system must be protected from backflow. The Sanitary Engineering Department requires all services connected to the distribution system to conform to the standards of the Sanitary Engineering Department up to and including the meter of fire line detector check valve or private fire hydrant. All plumbing installed after the meter shall conform to the State of Ohio Plumbing Code as described in Ohio Administrative Code Chapter 4101:2 or the latest revision thereof, or Local Plumbing Codes, whichever applies. Fire lines shall conform to the current NFPA Standard or the Sanitary Engineering Department Rules and Regulations, whichever controls. 3.12.02 In addition to the above, all cross connections to auxiliary potable or non-potable or hazardous water systems as outlined in Ohio EPA regulations Chapter 3745-95 or latest revision thereof, must be protected from backflow by a method approved by the Sanitary Engineering Department. Backflow prevention devices must be listed on the Ohio Environmental Protection Agencies most current list of approved devices. 3.12.03 Further, if in the judgment of the Director or his representative, the customer’s premise is deemed an actual or potential hazard to the safety of the water distribution system; such customer shall be ordered to protect the system from backflow in an approved manner. Notification shall be given with a compliance time by the Sanitary Engineering Department. If the hazard is deemed to be of a serious nature or the customer refuses to cooperate with the Sanitary Engineering Department, the service shall be shut off immediately and remain off until the customer’s premises are in compliance. 3.12.04 Backflow prevention devices shall be tested at the expense of the customer every twelve (12) months by a certified tester, and rebuilt on a schedule specified in Chapter 4101:2 of the Ohio Administrative Code. The customer shall be notified by the Sanitary Engineering Department of a date to test backflow prevention devices on the customer’s premises and given thirty (30) days to comply. At the end of thirty (30) days if the customer does not submit proof that backflow prevention devices have been tested, a fine of an amount outlined in our ancillary fee schedule shall be assessed for each untested device. If the backflow prevention devices are not tested within thirty (30) days of notification and certified operational, the service shall be shut off and the service shall not be resumed until all devices are tested.

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3.12.05 Temporary connections to the County water distribution system shall be protected against backflow by means of an air gap or other means approved by the Sanitary Engineering Department.

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SECTION 4

4.0 SANITARY COLLECTION SYSTEM

The Environmental Protection Agency requires the operating agency adopt adequate industrial waste ordinance to protect and maintain treatment facilities to be eligible for Federal funding. (See Attachment “B”, MIPP Program).

4.1 WASTE TO BE DISCHARGED IN SANITARY SEWER

The following are wastes which shall be discharged into the sanitary sewer system. All water-borne waste from toilets, lavatories, bathtubs, showers, laundry tubs, washing machines, refrigeration drips, soda fountains, drinking fountains, and sinks. Any other waste will be permitted only upon written permission from the Sanitary Engineering Department.

4.2 PROHIBITED WASTES

No person shall discharge or cause to be discharged, any substances, materials, waters, or wastes into the sanitary sewer if it appears likely in the opinion of the Sanitary Engineer that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, health, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Sanitary Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. No person shall discharge any material into any sanitary sewer in an amount or concentration deemed illegal by the United States Corps of Engineers, or the Ohio Environmental Protection Agency, as the above are applied to industrial waters. In the event that the limitations of these organizations are more stringent than those included in the Sanitary Engineering Department’s regulations, the more stringent regulations shall apply. User compliance with the Sanitary Engineering Department’s regulations does not imply compliance to the regulations of any other governing body. The following prohibited wastes are: 4.2.01 Any storm water, surface water, ground water, roof runoff, sub-surface drainage, uncontaminated cooling water, or unpolluted industrial process waters. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or a natural watercourse. 4.2.02 Any waters or wastes having a pH lower than six (6.0) or higher than nine (9.0) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

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4.2.03 Any solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

4.2.04

Any waters or wastes containing iron, chromium, magnesium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment plant exceeds the limits established by the Sanitary Engineer for such materials.

4.2.05 Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Sanitary Engineer as necessary, after treatment of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. Any radioactive wastes or isotopes of such half-line concentration as may exceed limits established by the Sanitary Engineer in compliance with applicable State or Federal regulations. 4.2.06 Any unusual concentrations or inert suspended solids (such as, but not limited to: Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to: sodium chloride and sodium sulfate). 4.2.07 Any excessive discoloration (such as, but not limited to: dye wastes and vegetable tanning solutions). 4.2.08 Any unusual Biological Oxygen Demand (BOD), Chemical Oxygen Demand (COD), or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment plant. 4.2.09 Any unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

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4.2.10 Any waters and wastes containing substances which are not amenable to treatment by reduction by the sewage treatment processes employed are not to be discharged except by written approval of the Sanitary Engineer. Industrial discharges must meet the requirements of any other governmental agencies having jurisdiction over discharge to the receiving waters. 4.2.11 Any liquid or vapor having a temperature higher than one hundred and fifty degrees Fahrenheit (150°F) or sixty-five degrees Centigrade (65°C). 4.2.12 Any water or waste containing fats, wax, grease, oils, whether emulsified or not, in excess of one hundred (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32°F), one hundred and fifty degrees Fahrenheit (150°F) and sixty-five degrees Centigrade (65°C). 4.2.13 Any commercial garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 HP metric) or greater shall be subject to the review and approval of the Sanitary Engineering Department. 4.2.14 Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. 4.2.15 Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid, gas, or phenols. 4.2.16 Any waters or wastes containing toxic or poisonous solids, liquids, or gases, in sufficient quantity, either singularly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanide in excess of two (2) mg/l as cyanide in the wastes as discharged to the public sewer.

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4.2.17 Any other discharge of material into the sanitary sewer determined to be harmful to human or aquatic life, or deemed detrimental to efficient operation of the sanitary sewer system, as specified by the Sanitary Engineer. 4.2.18 All deviations or waivers from the requirements of this section shall be approved in writing by the Sanitary Engineer.

4.3 JUDGMENT OF WASTE QUALITY

4.3.01 If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters or wastes might contain the substances or possess the characteristics enumerated previously, and which in the judgment of the Sanitary Engineer may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Sanitary Engineer may: 1. Reject the wastes. 1. Require pre-treatment to an acceptable condition for discharge to the public

sewers.

1. Require control over the quantities and rates of discharge.

1. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges, as determined by the Sanitary Engineering Department.

4.3.02 If the Sanitary Engineer permits the pre-treatment or equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the Sanitary Engineering Department, and subject to the requirements of all applicable codes, ordinances, and laws, including the Ohio Environmental Protection Agency, and the Army Corps of Engineers.

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4.4 SPECIAL APPURTENANCES 4.4.01 Grease, oil and sand interceptors shall be provided when, in the opinion of the Sanitary Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Montgomery County Combined Health District and shall be located as to be readily and easily accessible for cleaning and inspection. 4.4.02 Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the customer at his expense. 4.4.03 When required by the Sanitary Engineering Department, the owner of any property serviced by a sanitary sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances to facilitate observation, sampling, and measurement of the wastes. Such control manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Sanitary Engineering Department. The control manhole shall be installed by the customer at his/her expense, and shall be maintained by him/her so as to be safe and accessible at all times.

1.4 TESTING

4.5.01 All measurements, tests, and analysis of the characteristics of waters and wastes, to which reference is made in this ordinance, shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Waste Water”, published by the American Public Health Association, or USEPA-accepted methods and shall be determined at the control manhole. In the event that no special control manhole has been required, the nearest downstream manhole shall be used to be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards of life, health and property. The particular application involved shall determine the method used to obtain samples. Normally, but not always, BOD and suspended solids analysis are obtained from twenty-four (24) hour composites of all outfalls, whereas pH is determined from periodic grab samples.

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4.5.02 If is not the intent of any statement contained herein to prevent any special arrangement and/or agreement between the Sanitary Engineering Department and any User of the sanitary sewer system that discharges a waste of unusual strength of character, subject to special payment to the Sanitary Engineering Department by this User for the treatment of this waste. 4.5.03 Any new industrial and commercial customers shall supply the Sanitary Engineering Department with a series of sample wastes to be tested by the Sanitary Engineering Department so that guidelines can be used to assist in establishing rates for billing purposes.

1.4 BILLING METHODS AND PROCEDURES

4.6.01 For any lot, parcel of land, building or premises, discharging sanitary sewage, industrial wastes, water or other liquids, into the sanitary sewerage system, rental shall be based upon the quantity of water used as measured by the Sanitary Engineering Department water meter. Bills will be rendered quarterly or monthly at the discretion of the Sanitary Engineering Department. If no metering device can be installed, the quarterly charge for residential units will be based on three thousand (3,000) cubic feet. All other properties not metered will be subject to estimated quarterly bills as determined by the Sanitary Engineering Department. 4.6.02 The rates charged shall be in accordance with the rates established by the County Commission for the areas served. 4.6.03 A late charge of ten percent (10%) shall be added on all sewer bills which are not paid by the date specified on the bill. This date shall not be less than seven (7) days from the date the bills are rendered. 4.6.04 When final readings are requested between regular reading dates, the minimum charge will be determined in proportion to the time elapsed since the regular reading compared to the normal time between regular reading dates.

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4.6.05 In the event the owner of a lot, parcel of land, building or premises, discharging sanitary sewage, industrial wastes, water or other liquids, into the sanitary sewerage system, is not a User of water supplied by the Sanitary Engineering Department, and the water used thereon or therein is not measured by a Sanitary Engineering Department water meter or by a meter acceptable to the Sanitary Engineering Department, then, in each case, the amount of water so used shall be measured or determined by the Sanitary Engineering Department in order to ascertain the sewer service charge. Otherwise, the owner or other interested party, at his expense, shall be required to install and maintain a meter acceptable to the Sanitary Engineering Department for said purpose. Also, in the event a lot, parcel of land, building or premises discharges sanitary sewage, industrial wastes, water or other liquids, into the sanitary sewer system, and the Sanitary Engineering Department finds that it is not practical to attempt to measure said wastes by meter, he shall measure theses wastes by any such manner and method as he may find practical.

4.6.06 If the premises are found to be discharging sewage or other wastes, as defined herein, into the Sanitary Sewer System without payment of a sewer service charge or rental, the Sanitary Engineering Department shall, by which method as he may find practical, measure or estimate the quantity of such wastes for the purpose of establishing a proper charge in accordance with the schedule of charges, and the said premises shall be charged for the total term of the prior usage on the basis of the quantity so determined.

1.4 REPAIR AND MAINTENANCE

5.8.00 MAINLINE SANITARY SEWERS

The Sanitary Engineering Department shall maintain all mainline sanitary sewers within dedicated right-of-ways or in easements dedicated to Montgomery County. No maintenance will be performed on sanitary sewers that do not lie within easements or dedicated right-of-ways. These lines shall be maintained by the owner. Upon written notification service shall be discontinued until repairs have completed to the satisfaction of the Sanitary Engineering Department. 5.8.00 SANITARY SEWER SERVICE LATERALS

The Sanitary Engineering Department is responsible for the mainline sewer only. Any service lateral from the mainline to a structure is the customer’s responsibility. 4.7.03 Sanitary sewer service repairs and replacements between the main and the structure will require a permit and inspection from the Montgomery County Board of Health Plumbing Inspection, City of Kettering Plumbing Inspection or the City of Dayton Plumbing Inspection depending on geographical location.

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4.7.04 No private sanitary sewer service shall be installed on any property other than the one being served. Sanitary Services are not to cross property lines.

5.8 TAMPERING WITH THE SYSTEM

4.8.01 No person, firm, group, or corporation, either owner or agent, shall attempt to make any type of physical connection to the sanitary sewer without first having obtained a permit from the Sanitary Engineering Department. 4.8.02 No act shall be committed that would tend to hamper or restrict in any way the normal function of the sanitary sewer system. 4.8.03 No physical connection shall be made between potable water supply and the sanitary sewer.

5.8 SANITARY SEWER DESIGN

4.9.01 All sanitary sewer mains shall be a minimum of ten feet (10’) from any building or structures or equal to depth to one foot (1’) below the bottom of sewer, whichever is greater. 4.9.02 The Sanitary Engineering Department recommends against the installation of sanitary sewers between lots. If not possible, the sanitary main must be centered in a minimum twenty-foot (20’) wide easement. If the bottom of the trench exceeds ten feet (10’), an additional two feet (2’) of easement width is required for each additional foot of depth, as a minimum. Manholes in backyards will only be considered as a last option. When sanitary sewers must be installed between lots appropriately lined Ductile Iron pipe water main material or approved alternate must be used. Approved alternate water main material may be AWWA C-900 DR18 Class 150 as accepted on a case-by-case basis.

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4.9.03 Sanitary sewer at a slope greater than twenty percent (20%) must be constructed of appropriately lined ductile DCI, restrained joint pipe in accordance with the material specification section, with concrete anchors per OEPA sanitary sewer design and installation guidelines. 4.9.04 Sanitary sewer with less than three and one-half feet (3 ½’) cover must be constructed of DCI, properly lined, in accordance with the materials specifications section. No sanitary sewer main shall have less than three feet (3’) of cover. 4.9.05 PVC or ABS sewer pipe may be used only in residential areas and shall be approved prior to issuance of main line permits. No changes are to be made in material type after issuance of main line permits. 4.9.06 A CFS capacity study will be required on all sanitary sewer relocations or tie-ins to an existing pump station or where a known capacity problem exists. Extent of study shall be determined by the Sanitary Engineering Department. 4.9.07 The maximum spacing between manholes shall be four hundred feet (400’). 4.9.08 The use of “flexible style couplings” with stainless steel shear bands in the repair of existing sanitary sewer main lines is permitted. 4.9.09 No new main line connection to an existing sanitary manhole will be permitted until all spans (except the first span) of new main line are tested and inspected. 4.9.10 No sanitary sewer mains or laterals are to be located within twenty feet (20’) of any detention or retention basin, as measured from the top of the overflow elevation of any Retention or Detention area.

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4.9.11 Sanitary sewers to be installed in a casing pipe shall be restrained joint ductile cast iron pipe, in accordance with the material specifications section, unless approved on a case-by-case basis and approved in writing. 4.9.12 Sanitary sewer manholes shall be located out of pavement (in dedicated public right-of-ways) whenever possible, unless approved by Montgomery County Sanitary Engineering Department. 4.9.13 Sanitary sewer mains shall be installed to the middle of the property or to a point perpendicular to the middle of the structure being served whichever is the greater distance. Within plats, the sanitary sewer shall be installed to the plat line. 4.9.14 The minimum main line sewer pipe size shall be nominal eight-inch (8”) interior diameter. 4.9.20 SANITARY SEWER GRADES

Line Size Minimum Design Minimum As-Built

8” 0.45% 0.40%

10” 0.33% 0.28%

12” 0.27% 0.22%

15” 0.20% 0.15%

18” 0.17% 0.12%

21” 0.15% 0.10%

24” 0.13% 0.08%

27” 0.12% 0.07%

30” 0.11% 0.06%

36” 0.09% 0.05%

42” 0.087% 0.037%

48” 0.081% 0.031%

54” 0.076% 0.026%

60” 0.073% 0.023%

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SECTION 5 5.0 PROCEDURES AND PERMITS 5.1 PERMITS

All water taps, sewer taps, extensions, or any construction that involves water or sewage works, which will become part of, utilized or be tapped into, the existing systems, require obtaining permits from the Sanitary Engineering Department. Information on the permit fees is available at the Sanitary Engineering Department, located at 1850 Spaulding Road, Kettering, Ohio 45432.

5.1.01

Permits shall be kept at the construction site at all times while work is still in progress and until a final inspection has been made by the Sanitary Engineering Department Inspector.

5.1.02 The issuance of permits to tap into a sewer or water line by the Sanitary Engineering

Department does not relieve the permit holder of the responsibility of securing permits from other proper governing agencies for permission to perform work in public or private right-of-ways that are involved.

5.1.03 A permit must be applied for by a bonded plumber engaged by the property owner in

order to receive a new service. At this time, the Permit Technician will check the property to verify that all connection fees applicable to the property have been paid prior to issuing the permit. If the connection fees and other charges have been paid, a permit will then be issued.

5.1.04 It shall be the responsibility of the plumber for any maintenance on a new service from the main to the easement or property line (whichever is greater) for a period of one (1) year after the final inspection by the Sanitary Engineering Department. 5.1.05 A penalty fee as outlined in the Ancillary Fee Schedule shall be charged to the plumber or contractor for any and all work performed on sanitary sewer and/or water lines without a permit. The plumber or contractor shall not be issued any further permits what-so-ever, until the penalty fees are paid.

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5.1.06 Requirements for issuance of main line permits: 2. Two (2) sets of fully approved construction drawings. 2. Signed, notarized easement deeds, executed record plan approved by the

appropriate Planning Commission.

2. OEPA approval .

2. Street cut permit, where applicable.

2. Protection or direct connection (capital improvement and other county-funded projects) fees paid, where applicable.

2. The officially assigned street name, address, and lot number must be furnished

to the Sanitary Engineering Department prior to issuance of sanitary sewer or water lateral stub permits.

2. Completion of Plan Review Application Form and payment of plan review fees.

2. Fire Department approval (for water mains).

2. Addresses for all service laterals.

2. Executed sub-dividers contract.

2. Submit surety as required per Section 7.4.

5.1.07 Requirements for service stub permits: 1. Sewer - same as Section 5.1.06. 2. Water - same as Section 5.1.06, and 5.1.08, Item 3.

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5.1.08 Requirements for on-premise service permits: 5. Payment of connection fees.

5. Acceptable plumber’s bond posted with the Sanitary Engineering Department,

where applicable.

5. All main line tested, inspected, and released by the Sanitary Engineering Department. The plat must be recorded with maintenance surety or performance surety posted for uncompleted or not accepted improvements.

5. Easement certification and grade certification, where applicable.

5. Approved drawings/plans on all service connections other than detached single

family residences. A copy of the service line request procedures is available at the Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432.

5.1 PRIVATE DEVELOPMENT AND IMPROVEMENT PROCEDURES

A copy of the Engineering Procedures is available at the Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432.

5.1 INSURANCE AND BONDING

5.3.01 No permits shall be issued to anyone except a bonded plumber or contractor without the express permission of the Sanitary Engineering Department. 5.3.02 All plumbers and contractors must submit a copy of their five thousand dollar ($5,000.00) plumbing bond which must be on file with the Sanitary Engineering Department. All plumbers and contractors must place on file evidence of insurance for property damage liability in the minimum amount of one hundred thousand dollars ($100,000.00), and bodily injury liability in the minimum amount of three hundred thousand dollars ($300,000.00) each person, and five hundred thousand dollars ($500,000.00), each accident. All policies must name the County Commission of Montgomery County Ohio as co-insured.

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5.3.03 No person or persons, firm, or corporation, or any employee of such, shall tap any sewer or water mains, or lay any house connection pipes, or dig in any street, road, or any public way for the purpose of tapping unless such person or persons have a plumber’s bond. Sewer and water contractors may install service lines to the property lines in conjunction with their mainline installation. 5.3.04 Plumber’s who violate any of the rules, regulations, or specifications, may have their rights to receive permits suspended or revoked.

5.1 CONSTRUCTION

5.4.01 No sanitary sewage or water works construction shall be started until all permit requirements have been met. 5.4.02 All improvements shall be constructed under the inspection of the Sanitary Engineer or his duly authorized representative, any overtime hours required by the County representative shall be paid by the developer.

5.1 INSPECTION

5.5.01 The permit applicant must give two (2) days notice to the Sanitary Engineering Department Inspection Division before proceeding so he can be prepared to have the proper number of inspectors on the job. Notification of stoppage of work must also be given. 5.5.02 All work performed and completed shall be with the approval of a Sanitary Engineering Department inspector. 5.5.03 All testing must be performed in the presence of a Sanitary Engineering Department inspector.

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5.5.04 All materials and workmanship in connection with any service from a water main or sanitary sewer main to a structure, where applicable, shall conform to the specifications of the Sanitary Engineering Department and the Rules and Regulations of the Water Department of the City of Dayton Ohio where required, as now in force or hereafter amended. 5.5.05 No on-premise water permit will be permitted until the tap into the sanitary sewer is made. If there is no sanitary sewer, no on-premise water permit will be permitted until a septic tank permit is obtained from the Board of Health, in accordance with the County Commission sewer extension policy. 5.5.06 No connection shall be made to any sanitary sewer main or water line, repair or removal thereof, or any excavation thereof, without a permit from the Sanitary Engineering Department. Within the City of Dayton service area, a permit must be secured from the City of Dayton, in addition to the permit issued by the Sanitary Engineering Department. Within the City of Dayton service area, inspection shall be made by the City of Dayton. 5.5.07 If the Sanitary Engineer or his duly authorized representative deems that any work is improper, he may order all work stopped. Work shall not proceed until the permit applicant has received written permission from the Sanitary Engineer. Work not properly performed shall be corrected at no cost to the County. 5.5.08 If any change or modification is deemed necessary in the plans during construction, all work shall be stopped until revised plans have been resubmitted and approved by the Sanitary Engineer. Authorization to proceed will be considered by the Project Engineer on a case-by-case basis. 5.5.09 All work and materials shall adhere to the specifications of the Sanitary Engineering Department in effect at the time of construction.

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5.5.10 If any plumber or contractor shall neglect or refuse to abide by these Rules and Regulations, during construction, and after reasonable notice by the Sanitary Engineering Department, the Sanitary Engineer may order correction work to be done and charge the plumber or contractor. Unless such charges are paid, Montgomery County will not issue further permits or award future projects to the delinquent contractor. 5.5.11 After construction is completed, and the project has been accepted by the Commissioners and the Performance Bond, Letter of Credit, Certified Check or Cashier’s Check is one hundred percent (100%) released, all sanitary sewer mains, water mains and appurtenances connected to the County system will become the sole property of Montgomery County for operation and maintenance.

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SECTION 6

6.0 SCHEDULE OF CHARGES 6.1 RATES AND FEES

6.1.01 All charges are those in accordance with the latest rate and fee schedules approved by the County Commission. 6.1.02 County Mainline Plan Review Fee – 0.2% of the estimated construction cost plus three hundred dollars ($300.00). 6.1.03 County service line Plan Review Fee is noted in the approved ancillary fees and is to be adjusted annually based on the Consumer Price Index.

6.2 CHARGES/JURISDICTIONS

6.2.01 The charges for facilities under the Sanitary Engineering jurisdictions are on file at the Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432, and are the ones currently in effect but are subject to amendment by the County Commission. 6.2.02 Portions of the Sanitary Engineering Department facilities are under the City of Dayton jurisdiction and a schedule of the City of Dayton charges are available at the Municipal Building, 101 West Third Street, Dayton, Ohio 45401, and /or Water Department, 320 West Monument Avenue, Dayton, Ohio 45401.

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SECTION 7

7.0 ENGINEERING PROCEDURES 7.1 SANITARY AND WATER EXTENSION REQUEST

7.1.01 When sanitary and water extensions are required to serve a tract of ground, the herein specified procedure shall be followed: 2. A preliminary plan showing lot layout and overall water distribution and sanitary

sewer collection plan shall be submitted by a Professional Engineer registered with the State of Ohio.

2. The availability of service for the area for the use intended shall be determined

by the Sanitary Engineering Department.

2. Direct connection fees are to be paid shall be in accordance with the latest schedules approved by the County Commission.

2. Amounts of protections shall be determined and established, as outlines in

Section 7.6 (Protection Procedures).

2. Oversize facilities as required by the Master Plans shall be determined and established, as outlined in Section 7.7 (Oversize Reimbursement Procedures).

7.2 EASEMENTS

7.2.01 All required easement deeds and/or easement plans shall be submitted to the Sanitary Engineering Department for acceptance and recording. 7.2.02 All development utilizing non-public streets/roadways within the complex must have sufficient easements to encompass all paved areas plus five feet (5’) on all sides. Exceptions will be reviewed and considered on a case-by-case basis. 7.2.03 Sanitary sewer and water mains must be centered in a twenty-foot (20’) wide minimum easement. There shall be an additional two feet (2’) of easement width for every additional one-foot (1’) depth over ten feet (10’) of trench depth.

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7.2.04 Any utility (sewer or water) constructed in an easement must have sufficient accessibility for the Sanitary Engineering Department cleaning equipment, (see Section 7.2.03 for required widths). This would include additional easements for access, where necessary, including gravel or paved access for operation and maintenance purposes. 7.2.05 All easement deeds shall be on Sanitary Engineering Department standard forms 8 ½” x 11”. They shall be specified as water and sanitary easements. A detailed drawing showing the proposed easement and a completed current 1099-S form shall be submitted with each easement for review and approval. These easement deeds are granted to the Board of County Commissioners which requires legislative action to accept and direct the Clerk of the Commission to record. Easements may also be shown on accepted record plans.

7.3 CONSTRUCTION PLANS

A minimum of two (2) sets of construction plans, a plan review application and fee, accompanied by the design computation sheets, shall be submitted for the approval of the County. Any plans or specifications which are improperly prepared or accompanied by insufficient or inaccurate information may be rejected by the Sanitary Engineer, whereupon, revised plans and specifications or more sufficient data shall be required. Construction plans are to be signed, sealed, and dated by the Professional Registerd Engineer authorized to practice in the State of Ohio. 0.2.00 PHYSICAL FORMAT

All construction plans submitted to the Sanitary Engineering Department must be on the following format: 3. Standard sheet: Class A – D size (24” x 36”). Plan and profile. Plat B 40” x

30”.

3. Media: Mylar and electronic copy (CD).

3. Lettering: All lettering .125” minimum, .5 maximum.

3. Title Block: On plan/profile located along the right edge of the sheet; include Sewer District, Plat Name, Section, Engineer’s Name, Seal, Signature, Sheet Number, Number of Sheet, and Scale.

3. Revision Block: 4” x 3” located directly to the left of title block.

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3. Scale: Horizontal – 1” = 40’, 1” = 20’ (with permission) Vertical – 1” = 6’

The scale shall also be represented graphically directly to the left of the revision block.

3. Approval Block: In the upper right hand corner shall include signature lines and dates for:

. County Sanitary Engineer.

. County Engineer when a County Road is involved.

. Director of Water for City of Dayton (sanitary only) (where applicable).

. The applicable City or Municipal Engineer when within corporation limits.

. Ohio EPA submittal and approval dates.

3. Vicinity Map: Shall be provided to show the location of the construction.

3. Cover Sheet: If there are five or more sheets, a cover sheet is required

containing the signature block and a key utility map with sheet reference numbers.

3. North Arrow: Each sheet shall have a readily readable North arrow oriented up

and/or to the left or right; not downward.

3. General Notes: The required general notes shall be shown on the plans.

3. Bench Mark: The Bench Mark used for water and sanitary installation shall be shown on each plan and profile sheet of the plans, NAVD 88 elevation datum.

3. Record Plan: A record plan for the development shall accompany the

construction drawings. A 1” = 400’ scale drawing of the plat shall also be submitted. The Record Plan shall have an Approval Sign-off for the Montgomery County Sanitary Engineer. A Record Plan shall not be recorded without this approval.

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7.1.02 COMPUTER AIDED DRAFTING PLANS

2. All computer aided drafting plans (CAD) shall follow the above guidelines.

2. Any plans generated by CAD shall have a CD-Rom disk of the plans submitted at the time of final approval of the project, and again at the time of as-built acceptance.

2. CAD plans must be on AutoCad format (Revision 2004 or earlier). All digital

plans must have a geographic reference that can be connected to State plans, Ohio South, NAD83 coordinates.

0.2.00 REQUIRED INFORMATION

1. Each set of plans shall contain this note: “All sanitary sewer and/or water lines and appurtenances shall be constructed according to Montgomery County Sanitary Engineering Department Specifications in effect at the time of construction”.

1. The Sanitary Engineering Department’s approval is subject to conditions

imposed by the Ohio Environment Protection Agency.

1. Plan and profile for both sewer and water shall be shown on the same sheet.

b. The profile shall be below the plan and shall be taken at the pipe centerline.

b. The profile shall be lined up under corresponding points on the plan as nearly as practical.

b. The existing and proposed grade profile shall be shown on each profile

view.

1. .All existing structures in the street or easement shall be shown in both plan and profile. Sizes, locations, dimensions and elevations shall be included. These structures include, but are not limited to:

d. Gas mains d. Electric and telephone conduits d. Storm sewers d. Sanitary sewer lines d. Water lines d. Telephone poles d. Street lights d. All above ground structures which may affect construction d. Cable lines

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1. Abbreviations will be accepted for the following:

Sanitary manholes San M.H. Curb Basins C.B. Back of Curb B/C Fire Hydrant F.H. Directions N. S. E. W. Dayton Power & Light DP&L Storm Manholes Stm M.H.

1. The Sanitary Engineering Department has established a unique manhole numbering system. All preliminary plans shall have no manhole numbers. Manhole numbers shall be assigned by the Sanitary Engineering Department during the plan review process.

Manholes shall be consecutively numbered as assigned and station numbers shall be noted. The existing manhole shall be assigned Station 0 + 00. Both manhole and station numbers shall appear on both plan and profile.

1. The type of pipe material, joints and strength shall be shown in the profile for both sewer and water, using the ASTM nomenclature if materials, joints or strengths vary from those required by the standard specifications.

1. The location and size of all special features such as but not limited to gabion

mats, concrete encasements, siphons, elevated sewers, special cross sections, and concrete thrust block shall be shown.

1. Details of all special appurtenances such as junction chambers, siphons,

regulators, metering devices, elevated sewers, etc. shall be shown.

1. All subdivisions and Plat Book pages shall be clearly marked including lot numbers. Where practical, all properties abutting the improvement shall be shown for full width and depth.

1. The ownership of all property not subdivided by a recorded plat shall be shown

on the plan, including Deed Book, page and acreage.

1. All corporation lines with dimensions and other information that will fix the exact location shall be shown. Section, Township, Range included.

1. Private driveway, lanes, and easements with appropriate dimensions and

reference/microfiche numbers shall be shown by dashed lines.

1. The location, description and elevation of all bench marks used in connection with the project shall appear on all plan and profile sheets.

1. Test boring locations shall be shown on plans.

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1. Proposed lines shall be shown as heavy lines; existing lines shall be shown as

thin dashed lines.

1. Existing or proposed streets and all streams or water surfaces shall be clearly shown. Contour lines at appropriate intervals shall be shown on the grading plan, when required.

1. All stream crossings shall be shown with stream bed elevation in profile, and

are to be in accordance with OEPA guidelines.

1. General: The following factors should be considered in providing adequate separation:

. Materials and type of joints for water and sewer pipes. . Soil conditions . Service and branch connection into the water main and sewer line. . Compensating variations in the horizontal and vertical separations. . Space for repair and alterations of water and sewer pipes. . Offsetting of pipes and manholes.

1. Parallel installation shall follow these rules:

b. Normal conditions: Water mains shall be laid at least ten feet (10’) horizontally from any sanitary sewer, storm sewer or sewer manhole, whenever possible; the distance shall be measured edge-to-edge.

b. Unusual conditions: When local conditions prevent a horizontal

separation of ten feet (10’), a water main may be laid closer to a storm or sanitary sewer provided that:

0. The bottom of the water main is at least eighteen inches (18”)

above the top of the sewer;

0. Where this vertical separation cannot be obtained, the sewer shall be constructed of materials and with joints that are equivalent to water main standards of construction and shall be pressure tested to assure water tightness prior to backfilling.

1. Crossings shall follow these rules:

b. Norman conditions: Water mains crossing house sewers, storm sewers or sanitary sewers shall be laid to provide a separation of at least eighteen inches (18”) between the bottom of the water main and the top of the sewer, whenever possible.

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b. Unusual conditions: When local conditions prevent a vertical separation as described above, the following construction shall be used:

13. Sewers passing over water mains should be constructed of the

materials and with joints that are equivalent to water main standards of construction and shall be pressure-tested to assure water tightness prior to backfilling.

13. Water mains passing under sewers shall, in addition, be protected

by providing:

. A vertical separation of at least eighteen inches (18”)

between the bottom of the sewer and top of the water main; . Adequate structural support for the sewers to prevent

excessive deflection of joints and settling on and breaking the water mains;

. That the length of water pipe be centered at the point of

crossing so that the joints will be equidistant and as far as possible from the sewer.

0.2.00 SEWAGE PUMPING STATIONS

4. Location Plan: A plan shall be submitted for projects involving construction or revision of pumping stations. This plan shall show the following:

c. The location and extent of the tributary area. c. Any municipal boundaries within the tributary area.

c. The location of the pumping station and force main and pertinent

elevations.

c. A Cubic Feet per Second (C.F.S.) study shall be submitted showing the present loading on the existing pumping station and all proposed additional loadings, including all gravity sewers and discharge sewers to a point determined by the Sanitary Engineering Department.

4. Detailed plans shall be submitted showing the following, where applicable:

c. Contour map of the property to be used. c. Existing pumping station.

c. Proposed pumping station, including provisions for installation of future

pumps or ejections.

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c. Elevation of high water at the site, and maximum elevation of sewage in the collection system upon occasion of power failure.

c. Test borings and ground water elevations.

4. Sanitary sewer force mains shall have a minimum of four and one-half feet (4

½’) of cover over the top of the pipe.

4. Final as-built, detailed plans with as-built elevations shall be required for all pumping stations prior to one hundred percent (100%) acceptance.

0.2.00 SPECIFICATIONS

1. Complete technical specifications for the construction of all sewer lines, sewage

pump stations and appurtenances, and all water lines, water pump stations and appurtenances shall accompany the plans. These specifications shall include all the technical construction information necessary to inform the contractor in detail of all design and construction requirements for installation of the job.

1. Special construction notes with drawings shall be approved by the Sanitary

Engineering Department.

0.2.00 REVISIONS TO APPROVED PLANS

Any deviation from approved plans and specifications affecting easements capacity, flow or operation of units or any other such basic design change shall be approved by the Sanitary Engineer before such changes are made. These revisions, not included on approved plans, shall be submitted well in advance of construction. Revised plans showing such changes shall be submitted before construction is to continue. 0.2.00 APPROVAL PERIOD

Approved plans are in effect for one year from the date of approval from the Sanitary Engineering Department; after that they must be resubmitted for re-approval by the Sanitary Engineering Department with a revised cost estimate. (The cut-off date shall be the date of mainline construction permit issuance). Plan review fees will apply for review of expired plans. 0.2.00 7.3.08 AS-BUILT DRAWINGS

1. As-built drawings must not have any objects, dimensions, elevations, grades,

etc., crossed out; they must be erased from the drawing.

1. All sanitary manholes and water valves must be located with a minimum of two (2) dimensions required on all locations. The two dimensions cannot be in a straight line to each other.

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1. All as-built dimensions are to be measured in feet and tenths of a foot and are not to exceed one hundred feet (100’) in length.

c. Dimension lines shall be shown on drawings except where they would

add substantial confusion in interpretation. Details shown on the same sheet with an arrow pointing to the area will then be accepted.

c. Dimensions shall be from centerline to centerline except for house

corners and catch basins (to the closest street corner).

c. Written dimensions will be considered at right angles with one another unless noted or shown otherwise.

c. Dimension numbers must be .125” minimum to .5” maximum.

1. Measurements shall be on the horizontal unless noted under special conditions. 2. The following shall be required on all as-built drawings:

. Measurements between valves within an intersection, or when at a tee or

cross. These dimensions shall be in addition to the two (2) required locations.

. Measurements between fire hydrants and fire hydrant valves.

. Distances between sanitary manholes are to be shown on the plan.

Length of span, grade, size or pipe, type and invert elevations will be required in the profile.

5. Length of span may vary plus/minus five feet (5’) before main line

in plan must be changed. The span length, however, must be marked clearly and correctly.

5. Invert elevations may vary plus/minus 0.5’ before main line profile

must be changed. The elevations, however, must be marked clearly and correctly.

5. The water main shall vary plus/minus five feet (5’) be shown in the exact location as constructed on the final as-built drawing.

5. Recorded easement microfiche numbers and/or recorded plan

Plat Book and Page Numbers are to be shown on the plans.

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2. The following is a list of objects that will be acceptable for as-built dimension references in order of preference.

. Fire hydrant

. Curb

All curb dimensions must be to the back of the curb and must not be to any curb or extended curb lines with a radius.

. Catch basins Dimensions are to be to the nearest corner of the steel edge on the street side. The street and corner on which the catch basin is located must be indicated.

. Sanitary manhole, for valve locations. c. Utility pole, if it is to be permanent (pole number must be included).

c. House corner, when a dimension to a house corner is used, the address

must be given.

c. Corner of a drive, house number must be given.

c. DP&L markers or boxes.

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7.2 PRIVATE DEVELOPMENT BONDING PROCEDURE

7.4.01 Performance Bond: To secure the faithful performance of the construction of uncompleted or unaccepted improvements prior to recording a record plan, the developer is to post security accordance with these Rules and Regulations. A Performance Bond or Letter of Credit for one-hundred percent (100%) of the uncompleted or unaccepted improvements (based upon the accepted Engineer’s Estimate of Cost) shall be posted. A certified or cashier’s check in the amount of twenty percent (20%) of the total engineer’s estimate may be posted in lieu of a Performance Bond or Letter of Credit. This check may not be released until one-hundred percent (100%) of all construction has been approved and accepted. (See section 7.5.02 regarding release requirements) The minimum amount of a Cashier’s or Certified Check is five thousand dollars ($5,000.00). If a Cashier’s or Certified Check is presented to the County Sanitary Engineer, it shall be deposited in a non-interest bearing account with the County Auditor. A personal check would be acceptable; however, the mains will not be released for service until the check clears. All fees associated with returned checks will be paid before main is released for service. Maintenance Surety: All water supply and sewerage systems shall be guaranteed by the owner for a period of one (1) year from the date of such acceptance for use by the County (this date is the date released for service). This guarantee shall include any and all defects and deficiencies in workmanship and material. The cost of labor, materials, tools, equipment and other incidentals required to maintain, repair and replace any and all water supply and sewerage system improvements to maintain the same in good and proper condition, excluding ordinary wear and tear, during the one (1) year guarantee period shall be assumed by the owner. In the event the owner fails to make such maintenance, repairs, or replacements within a reasonable time after receiving notice in writing from the County or in the event of an emergency which may endanger life or property, the County may make, or cause to be made, such repairs or replacements at the expenses of the owner. In order to indemnify the County for such expenses of any such repair or replacement made by or at the direction of the County, a Performance Bond shall be posted. The Maintenance Surety may be in the form of a Performance Bond, Letter of Credit, Cashier’s or Certified Check. The surety is to be for twenty percent (20%) of the Engineer’s Estimate of Cost. The minimum amount of the Cashier’s or Certified Check is five thousand dollars ($5,000.00). The release of the Maintenance Surety shall be in accordance with section 7.5. If a Cashier’s or Certified Check is presented to the County Sanitary Engineer, it shall be deposited in a non-interest bearing account with the County Auditor.

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7.4.02 Official blank Performance Bond or Letter of Credit forms are to be obtained from the Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432. These forms are to be filled out by the bonding company from the accepted engineer’s estimate. 7.4.03 All delivery of executed Performance Bonds, Letters of Credit, for plats and private projects are to be made to the Sanitary Engineering Department. These bonds or Letters of Credit must meet the criteria as established on the seven (7) point check listing below. Time could be saved by checking the bond forms against this list before submission. 0. All Performance Bonds must be on the Sanitary Engineering Department’s

standard forms or copies thereof.

All Letters of Credit must contain the Sanitary Engineering Department's standard language.

0. The principal must sign all copies of the Performance Bond or Letter of Credit. If it is a company signing, the signer must insert his company title.

0. The surety is requested to fill in its correct mailing address so we may send a

signed and executed copy to said surety. The date on the Power-of-Attorney must be the same as, or prior to, the date of the bond.

0. All spaces must be filled in before submitting to the Sanitary Engineering

Department as the Prosecuting Attorney requires everything to be in order and correct. There must be at least one (1) copy of the Power-of-Attorney for the Performance Bond. The engineer’s estimate will be checked for accuracy and acceptable price range.

0. The initial expiration date on the Letter of Credit will be two (2) years after the

issue date.

7.4.04 When the Performance Bonds, Letters of Credit or Certified Checks are found to be accurate, the Sanitary Engineering Department will prepare a resolution for the County Commission’s approval and acceptance. The Bonds or Letters of Credit and Resolution will then go to the Clerk of Commission’s office for submission to the County Commission at the next regularly scheduled meeting.

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7.4.05 After acceptance and signing by the County Commission or Administrator, the County Commission’s Clerk will affix the pertinent resolution number to each copy. The County Commission’s Clerk will then return an executed copy to the Sanitary Engineering Department office. Secretaries at the Sanitary Engineering Department will then disperse a copy to the Developer and the Surety. 7.4.06 All Performance Bonds, Letters of Credit and Sub-Divider’s contracts shall remain active until released by formal County Commission action. 7.4.07 Sub-Divider’s Contract The owner shall be required to enter into a Sub-Divider’s Contract prior to permits being issued for the water and/or sanitary sewer improvements. Official blank Sub-Divider’s forms are to be obtained from the Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432. The principal must sign the contract. If it is a company signing, the signer must insert his company title. The sub-divider on the contract, and the principal on the bond, must be the same. There must be witnesses on the sub-divider’s contract. The Sanitary Engineering Department will prepare a Resolution for the County Commission’s approval and acceptance. The Resolution will then go to the Clerk of Commission’s office for submission to the County Commission at the next regularly scheduled meeting.

0.2 7.5 PRIVATE IMPROVEMENT RELEASE PROCEDURES

Specific requirements and procedures for Performance Bond, Letter of Credit and Certified Check releases must be met before any such releases will be processed. 0.2.00 RELEASE REQUIREMENTS

Upon completion of the installation of all water mains and/or sanitary sewer mains, the Inspection Division will give a Request for the Grade Certification and/or Easement Certification to the Sanitary Engineering Department, Engineering Division.

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7.5.02

11. The Engineering Division will then send a Request for the Grade Certification

and/or Easement Certification to the Professional Engineer by form letter.

. The Grade Certification shall include a statement of certification along

with a list of proposed vs. actual inverts, spans, size of main and percent (%) of grade.

. The Easement Certificate shall state that the water and/or sanitary sewer

was installed within the easements and was installed as shown on the approved plans.

11. These Certifications shall be signed and sealed by a Professional Engineer or

Registered Surveyor. 11. Upon receipt and acceptance of the Grade Certification, Easement Certification,

completion of the sanitary and/or water main installation in the ground, satisfactory testing and all appurtenances at grade per plan, the Inspection Division will deliver a signed release form to the Engineering Division.

11. Upon receipt of the signed release from the Inspection Division and receipt of

the recorded Record Plan and/or easements, the Engineering Division will prepare a resolution to be sent to the County Commission requesting the Performance Bond or the Letter of Credit be reduced by eighty percent (80%) for the maintenance period. Cashiers or Certified Checks are not reduced.

11. With the County Commission’s approval, a Resolution signifying the release of

the Performance Bond and acceptance of the maintenance bond or eighty percent (80%) release of the Letter of Credit will be passed. The County Commission’s Clerk will send an executed copy of the resolution to the Sanitary Engineering Department. Secretaries at the Sanitary Engineering Department will then disperse a copy each to the Developer, the Surety, and the Consulting Engineer.

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1.1.01 ACCEPTANCE REQUIREMENTS

All inquiries on bond status for plats and private projects are to be processed through the Sanitary Engineering Department. Projects are eligible for one-hundred percent (100%) acceptance approximately one (1) year after the installation is completed and accepted. 5. One-hundred percent (100%) acceptance requires all items to be one-hundred

percent (100%) complete in accordance to plans, all appurtenances to grade, and as-built reproducible construction plans accepted.

5. All requests for one-hundred percent (100%) acceptance are to be made to the

Engineering Division. It is the contractor’s responsibility to notify the Inspection Division when the project is ready for the final inspection. When the final inspection is made and the Inspection Division is satisfied the job is one-hundred percent (100%) acceptable, they will deliver a signed one-hundred percent (100%) release form to the Engineering Division, Drafting/Records Division. Upon receipt of the signed one-hundred percent (100%) release form, the Drafting/Records Division will then request the as-built plans, if not already submitted by the Professional Engineer. Upon receipt of the as-built plans, the Drafting/Records Division will then proceed with the field check of the as-built plans.

5. When the Drafting Division has accepted the as-built plans, the Engineering

Division will then prepare a resolution to be sent to the County Commission requesting final acceptance.

5. With the County Commissioner’s approval, a resolution signifying the final

acceptance will be passed. The County Commissions’ Clerk will then send an executed copy to the Sanitary Engineering Department for disbursement. The secretaries at the Sanitary Engineering Department will then disperse a copy each to the Developer, the Surety, and the Consulting Engineer.

5. This procedure will apply to Performance Bonds, Letters of Credit and Certified

Checks posted for private development projects and is not to apply to any bonds posted for Sanitary Engineering Department improvements which are advertised, bid upon, or awarded to a specific contractor.

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1.2 PROTECTION PROCEDURES

7.10.04 ELIGIBILITY

ENT

An individual or firm that must provide water and/or sanitary sewer improvements to properties other than those owned by the individual or firm, is eligible for protection in accordance with Section 307.73 or the ORC. Protection shall apply to any property which directly benefits by the installation of a sewer and/or water main and does not participate in the cost of the improvement. Protection amounts will be paid up to twenty-five dollars and sixty five cents ($25.65) per front foot to be adjusted annually based on the Consumer Price Index. 7.10.04 ESTABLISHM

Protection fees shall be established by resolution by the County Commission upon recommendation of the Sanitary Engineering Department. This fee shall be based on a front footage. For the establishment of protection as outlined in this section only; “front footage” shall be the footage of sanitary and/or water main installed along or through a directly benefited property. The pro-rated share shall not be in excess of the amount chargeable to the non-participant if such non-participant had participated in water main or sanitary extensions. 5. Preliminary request – A preliminary request to establish protection shall be

submitted in accordance with the following steps.

. A form letter requesting preliminary protection shall be submitted to the Board of County Commissioners, in care of the Superintendent of Engineering, Montgomery County Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432 (see Attachment “A”).

This letter shall be submitted prior to plan approval.

. Attached to the letter of request shall be a detailed unit price cost estimate prepared by the design engineer, a property map(s) showing the property dimensions of all directly benefited properties, estimated engineering fees, appropriate inspection fees and OEPA fees, and easement costs.

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2. Amount – The amount of protection will be based on the following items:

e. Construction Cost of Improvement. e. Easement costs for improvement; final easement payments must be

justified as to reasonableness by submission of an appropriate appraisal.

e. Engineering fees (design staking and as-builts).

e. Inspection fees (by permit).

e. OEPA fees (Plan Review, Permit to Install (PTI) Application and fee).

The front footage cost will be computed as follows:

Amount of protection (Dollars) = protection cost/front footage (Maximum of $25.65/ff to be adjusted annually based on the Consumer Price Index) Front footage of all benefited properties (linear feet; both sides of the main)

5. Final request – A final request to establish protection shall be submitted in

accordance with the following steps:

e. A letter requesting the establishment of protection shall be submitted to the Board of County Commissioner’s in care of the Superintendent of Engineering, Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432.

This letter shall be submitted within ninety (90) days when the utility was released for on-premise and contain the exact name and address with whom the protection shall be established and payment made.

e. Attached to the letter of request shall be a copy of the construction contract to verify the actual unit prices, and proof of payment thereof, as-built quantities from the design engineer, a notarized statement from the design engineer to verify his fees and payment of those fees, receipt of payments for any easements and appropriate justification of costs, a copy of the permit to document the inspection fees and receipts or proof of payment of any OEPA fees for the improvement.

e. c. Upon receipt, review of and agreement to documentation, the

Sanitary Engineering Department will prepare their resolution of recommendation to the County Commission for establishment of the protection.

e. The developer is responsible for filing the protection with the Auditors

office and submitting a receipt of the filing to the Sanitary Engineering Department.

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7.10.04 COLLECTION

ENT

ERM

HTS

IMER

Once the County Commission passes the resolution establishing the protection fees, the Sanitary Engineering Department will collect these fees at the time of issuance of any applicable permitted connections by those directly benefited properties as established. 7.10.04 REIMBURSEM

Any protection fees collected by the Sanitary Engineering Department will be reimbursed in accordance with the appropriate resolution of establishment. 7.10.04 T

The protection shall be in effect for a ten (10) year period from the date stated in the resolution of establishment passed by the County Commission. 7.10.04 RIG

Protection rights are non-transferable and shall apply to only the individual or firm with whom they are established. 7.10.04 DISCLA The Sanitary Engineering Department accepts no liability for collection of protection monies or policing of the improvement due to error.

7.10 7.7 OVERSIZE REIMBURSEMENT PROCEDURES

6.6.00 ELIGIBILITY

An individual or firm that must install sanitary sewer and/or water lines in a larger diameter than required to properly serve his development is eligible for reimbursement with the following exception: Oversize reimbursement for sanitary sewer lines will only be authorized when the sanitary sewer line will now or in the future, eliminate an existing sewage pumping station.

6.6.00 ESTABLISHMENT

A total figure of cost participation by the Sanitary Engineering Department shall be agreed upon in writing prior to formal plan approval by the County Commission. 13. Oversize water lines shall be determined from the latest approved master plan.

The reimbursement shall be based on the unit price schedule for lineal feet of pipe and number of valves.

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13. Oversize sanitary sewer lines shall be determined by the latest master plan.

The cost participation when applicable shall be in accordance with the latest unit price schedule for lineal feet of pipe at various depths with or without gravel backfill.

6.6.00 7.7.03 PAYMENT

A letter requesting reimbursement shall be submitted to the Board of County Commissioners in care of the Superintendent of Engineering, Sanitary Engineering Department, 1850 Spaulding Road, Kettering, Ohio 45432. 3. The letter shall be submitted within thirty (30) days after installation of the

sanitary sewer and/or water lines that meet the eligibility requirements (Section 7.7.01).

3. Upon receipt of the formal request, it will be checked by the Sanitary

Engineering Department for accuracy and if acceptable, a resolution will be prepared and sent to the County Commission for adoption authorizing payment.

3. With the County Commission approval, the resolution will be passed. The

County Commissions’ Clerk will then send an executed copy to the Sanitary Engineering Department. The secretaries at the Sanitary Engineering Department will then disperse a copy each to the Permit Section, and the individual or firm making the request.

3. Upon receipt of the executed resolution, the Sanitary Engineering Department

will prepare a voucher and forward it to the County Auditor who will in turn, issue a warrant and send a check for payment to the individual or firm.

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SECTION 8

SOIL EROSION CONTROL AND SEDIMENTATION

RESOLUTION

RESOLUTION APPROVING REQUIREMENTS TO IMPLEMENT AND ENFORCE PORTIONS OF THE STORM WATER MANAGEMENT PROGRAM FOR THE UNINCORPORATED AREAS OF MONTGOMERY COUNTY AS REQUIRED BY OHIO ENVIRONMENTAL PROTECTION AGENCY GENERAL PERMIT OHQ100000 FOR SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS LOCATED WITHIN RAPIDLY DEVELOPING WATERSHEDS TO DISCHARGE STORM WATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WHEREAS, the Ohio Environmental Protection Agency notified Montgomery County of the final issuance, on December 27, 2002, of the National Pollution Discharge Elimination System General Permit for rapidly developing watersheds that authorized discharges from regulated small Municipal Septage Storm Sewer Systems under General Permit OHQ100000 for operators within urbanized areas as defined by the 2000 census; and

WHEREAS, the Montgomery County Board of County Commissioners passed

resolution 03-352 on March 4, 2003 that approved a storm water management plan for Montgomery County, a Notice of Intent and fee payment of $200.00, as required by the permit, and submitted the documents and fee to the Ohio Environmental Protection Agency prior to the required submission date of March 10, 2003; and

WHEREAS, the Ohio Environmental Protection Agency issued facility permit

number 1GQ10003*AG to Montgomery County Board of County Commissioners on April 3, 2003 and approved coverage under Ohio EPA general permit OHQ100000; and

WHEREAS, the paragraphs 3.2.4.1.1 and 3.2.5.1.1 of the general permit

includes a mandate for construction site storm water runoff control that requires Montgomery County to develop and implement and ordinance or other regulatory mechanism to require erosion and sediment controls as well as sanctions to ensure compliance, to the extent allowable under State or Local law prior to April 3, 2006; and

WHEREAS, the Ohio Environmental Protection Agency issued general permit

number OHC000002 effective April 21, 2003 entitled “Authorization For Storm Water Discharges Associated With Construction Activity Under The National Pollutant Discharge Elimination System”; and

WHEREAS, many of the obligations of Montgomery County cited in the Storm

Water Management Plan and required by provisions of paragraphs 3.2.4.1.1 and 3.2.5.1.1 of general permit OHQ100000 are met by Montgomery County enforcing the requirements of general permit OHC000002; and

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WHEREAS, the intent of this resolution is to enforce the requirements of the Storm Water Management Plan and all other aspects of a subdivision improvement plan; and

WHEREAS, the requirements included in Exhibit “A” and submittals included in

Exhibit “B” are necessary for Montgomery County to ensure compliance with the storm water general permit (OHC000002) and to meet the requirements of the Montgomery County Storm Water Management Plan (OHQ100000) and facility permit 1GQ10003*AG concerning construction site storm water runoff control and post construction storm water management in new development and redevelopment.

NOW, THEREFORE, BE IT RESOLVED by the Board of County

Commissioners of Montgomery County, Ohio that requirements to implement and enforce portions of the storm water management program for the unincorporated areas of Montgomery County as required by Ohio Environmental Protection Agency general permit OHQ100000 for small municipal separate storm sewer systems located within rapidly developing watersheds to discharge storm water under the national pollutant discharge elimination system are herby approved.

BE IT FURTHER RESOLVED that requirements of this resolution to implement

and enforce portions of the storm water management program shall become effective on January 1, 2006.

BE IT FURTHER RESOLVED that the Clerk certify a copy of said resolution to

the County Engineer, County Sanitary Engineer, Director of Community and Economic Development and the Combined Health District.

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8.0 SOIL EROSION AND SEDIMENTATION

8.1 REQUIREMENTS FOR SUBDIVISIONS (EXCLUDING LOT SPLITS)

8.1.01 PERMIT APPLICATION 1. The developer of every subdivision, excluding lot splits, within the jurisdiction of

the Montgomery County Board of County Commissioners shall apply for coverage of the subdivision by the Ohio Environmental Protection Agency (OEPA) storm water general permit OHC000002.

2. The developer shall submit the permit application after all county departments

complete required plan reviews and the plans signed for approval. Concurrently the developer shall submit to the OEPA a request for a permit to install the subdivision sanitary sewer system and plans for approval for the subdivision water supply system.

3. Prior to beginning construction, the developer shall submit to the Montgomery

County Sanitary Engineer sufficient evidence of permit coverage under storm water general permit OHC000002, to include a Storm Water Pollution Prevention Plan, Notice of Intent (NOI) and proof of fee payment to the OEPA.

7.0.01 IMPROVEMENTS 1. Construction improvements required for the subdivision shall be defined in the

subdivision construction plans. The design of the improvements shall be in accordance with existing county standards and the storm water general permit.

2. Construction plans shall be submitted to the Planning Commission for review

and shall include the design of the following items:

. grading and drainage plan . streets

. storm sewer system

. storm water detention system

. sanitary sewer system

. water supply system . storm water pollution prevention plan (SWP#)

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3. The developer shall provide two construction cost estimates and two certificates of surety for the proposed improvements.

. One certificate of surety shall be in the amount approved by the county

engineer for the following improvements under his jurisdiction.

1. Grading and drainage plan

4. streets

4. storm sewer system

4. Storm water detention system

b. The other certificate of surety shall be in the amount approved by the county sanitary engineer for the following improvements under his jurisdiction.

0. sanitary sewer system

2. Water supply system

13. storm water pollution prevention plan (SWP3)

4. The construction items listed in Section 8.1.01, number “2” shall be reviewed,

inspected and administered by the appropriate county department. 7.0.01 ENFORCEMENT

The Sanitary Engineering Department and/or County Engineer are hereby authorized to enforce the provisions of this resolution by: 9. Withholding release of surety until all provisions of the subdivision construction

plans have been met.

9. Declare the subdivision developer in default for failure to perform any and all provisions of the subdivision construction plans and demand the surety complete the work.

9. Issue stop work orders for subdivision construction that does not conform to the

approved construction plans.

9. Refer violations of the storm water general permit to the Ohio EPA for enforcement action under Ohio Revised Coe Chapter 6111.

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3.0.00 FEES

All plan review and construction inspection fees for subdivisions are established by the Montgomery County Board of County Commissioners and may be changed by them. 7.0.01 NOTICE OF TERMINATION

All improvements included in the subdivision construction plans for coverage of the subdivision by the Ohio EPA storm water general permit OHC000002 shall be satisfactorily completed and a Notice of Termination (NOT) requested by the developer and issued by the Ohio EPA prior to acceptance of the subdivision by the Board ob County Commissioners and release of the subdivision surety obligation.

7.0 REQUIREMENTS FOR SINGLE LOTS

7.1.00 PERMIT APPLICATION (LOT NOT IN A SUBDIVISION)

0. The owner of each lot, not in a subdivision, shall submit a lot construction plan to the county sanitary engineer.

0. The lot owner shall apply for coverage under the provisions of OEPA storm

water general permit OHC000002 when proposed construction activity on the lot will disturb one acre or more.

0. The lot owner shall submit the storm water permit application, when required,

after the Sanitary Engineering Department has completed plan reviews and the plans are stamped and signed for approval.

0. When a storm water general permit is required, the lot owner shall submit to the

Montgomery County Sanitary Engineer sufficient evidence of permit coverage under storm water general permit OHC000002, to include a Storm Water Pollution Prevention Plan, Notice of Intent (NOI) and proof of fee payment to the OEPA.

0. As part of the building permit application, the Building Regulations Division of

the Community and Economic Development Department shall require verification that a storm water pollution prevention plan has been approved by the Montgomery County Sanitary Engineering Department in accordance with the requirements of this Resolution.

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7.1.00 PERMIT APPLICATION (LOT IN A SUBDIVISION)

0. The owner of each lot in a subdivision shall submit a lot construction plan to the County Sanitary Engineer.

0. The owner of each lot in a subdivision shall submit a lot construction plan to the

County Engineer that conforms to the requirements of the subdivision grading and drainage plan.

0. Lot owners in subdivisions covered by an active OEPA storm water general

permit issued to the subdivision developer are not required to apply for coverage under OEPA storm water general permit OHC000002. The lot is covered under the existing subdivision permit.

. After the Ohio EPA has issued a Notice of Termination (NOT) for a

subdivision storm water permit, owners of undeveloped lots in the subdivision shall apply for coverage under Ohio EPA storm water general permit OHC000002 prior to beginning construction on their lot.

. Lot owners shall apply for coverage under the provisions of Ohio EPA

storm water general permit OHC000002 after all required County Engineer and the County Sanitary Engineer plan reviews are complete.

. The lot owner shall submit to the County Sanitary Engineer sufficient

evidence of coverage under the storm water general permit, when a permit is required, to include a Storm Water Pollution Prevention Plan, Notice of Intent (NOI) and proof of fee payment to the Ohio EPA.

. The Building Regulations Division of the Community and Economic

Development Department shall require verification that a storm water pollution prevention plan has been approved by the Montgomery County Sanitary Engineering Department in accordance with the requirements of this Resolution.

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7.1.00 ENFORCEMENT

The Community and Economic Development Department and/or the Sanitary Engineering Department and/or the County Engineer are hereby authorized to enforce the provisions of this resolution by: 0. Issuing citations, violation notices, stop work orders and invoking other

administrative procedures.

0. Refuse to issue a final occupancy permit.

3. Refer violations of the General Permit to the Ohio EPA for enforcement action under Ohio Revised Code Chapter 6111.

8.2.04 FEES All plan review and construction inspection fees for subdivisions are established by the Montgomery County Board of County Commissioners and may be changed by them. 7.1.00 NOTICE OF TERMINATION

All improvements included in the lot construction plan for coverage of the lot by the Ohio EPA storm water general permit OHC000002 shall be satisfactorily completed and a Notice of Termination (NOT) requested by the lot owner and issued by the OEPA.

7.1 REQUIREMENTS FOR PUBLIC FUNDED CONSTRUCTION

7.1.00 PERMIT APPLICATION 0. County departments may apply for coverage of publicly funded construction

projects by the OEPA storm water general permit OHC000002. 0. County departments may require contractors of publicly funded construction

projects to apply for coverage under OEPA storm water general permit OHC000002.

0. Contractors for publicly funded construction projects, which are required to

apply for coverage under Ohio EPA storm water general permit OHC000002, shall submit sufficient evidence of coverage to the relevant county department, to include a Storm Water Pollution Prevention Plan, Notice of Intent (NOI) and proof of fee payment to the Ohio EPA.

0. The Notice of Termination shall be requested, when all work is complete, by the

entity that applied for the permit.

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7.1.00 APPEALS Appeals concerning the enforcement of these provisions shall be in accordance with the process for appeals defined in Chapters 2505 and 2506 of the Ohio Revised Code.

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3.0 SUBMITTALS

7.1.00 SUBDIVISION DEVELOPMENTS

SUBMIT SUBMIT

ITEM FROM TO

STORM WATER POLLUTION PREVENTION DEVELOPER OEPA PLAN NOTICE OF INTENT (NOI) DEVELOPER OEPA OEPA PERMIT FEE DEVELOPER OEPA

PROOF OF SUBMITTALS TO OEPA DEVELOPER COUNTY SANITARY ENGINEER SUBDIVISION CONSTRUCTION PLAN DEVELOPER PLANNING COMMISSION SEPARATE COST ESTIMATES FOR COUNTY DEVELOPER COUNTY ENGINEER & ENGINEER & COUNTY SANITARY ENGINEER COUNTY SANITARY ENGINEER IMPROVEMENTS TWO CERTIFICATES OF SURETY, ONE FOR DEVELOPER COUNTY ENGINEER & COUNTY ENGINEER ITEMS, ONE FOR SANITARY COUNTY SANITARY ENGINEER ENGINEER ITEMS PERMIT TO INSTALL (SANITARY SEWER) DEVELOPER OEPA WATER SUPPLY SYSTEM PERMIT DEVELOPER OEPA FEE PAYMENTS (COUNTY ENGINEER DEVELOPER PLANNING COMMISSION IMPROVEMENTS) FEE PAYMENTS (COUNTY SANITARY DEVELOPER COUNTY SANITARY ENGINEER ENGINEER IMPROVEMENTS) REQUEST FOR BOND REDUCTION DEVELOPER COUNTY ENGINEER & COUNTY SANITARY ENGINEER NOTICE OF TERMINATION (NOT) DEVELOPER OEPA, COPY TO THE COUNTY SANITARY ENGINEER REQUEST FOR BOND RELEASE & ACCEPTANCE DEVELOPER COUNTY ENGINEER & OF THE SUBDIVISION COUNTY SANITARY ENGINEER

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2.0.00 SINGLE LOTS

SUBMIT SUBMIT ITEM FROM TO

LOT CONSTRUCTION PLAN LOT OWNER COUNTY SANITARY ENGINEER STORM WATER POLLUTION PREVENTION PLAN LOT OWNER OEPA (WHEN REQUIRED) NOTICE OF INTENT (NOI) LOT OWNER OEPA

OEPA PERMIT FEE LOT OWNER OEPA PROOF OF SUBMITTALS TO OEPA LOT OWNER COUNTY SANITARY ENGINEER FEE PAYMENTS LOT OWNER COUNTY SANITARY ENGINEER NOTICE OF TERMINATION (NOT) LOT OWNER OEPA, COPY TO THE COUNTY SANITARY ENGINEER

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ATTACHMENT A PRELIMINARY REQUEST

Date Board of County Commissioner’s County of Montgomery C/o Superintendent of Engineering Sanitary Engineering Department 1850 Spaulding Road Kettering, Ohio 45432-3732 Gentlemen: I/We, _________________________________________________ (name, address, and agent), propose to construct, at my/our own expense, the following installation in connection with the development ________________________________________________. This will be a public improvement and constructed wholly at my/our own expense. I/We, therefore, respectfully request that your Board pass a resolution requiring I/We be reimbursed a fair share of the cost of this improvement at such time as other directly benefited properties desire to use this improvement. The total cost of this improvement will be filed with the County Sanitary Engineering Department as soon as this improvement has been constructed. The estimated cost of construction as shown on the attached detailed estimate is $_________________. The benefited frontage totals ________ feet, as shown on the attached property map(s). A protection of $_________ per front foot is requested which will be verified by submission of the detailed final cost. It is understood the protection will be in effect for ten (10) years from the date in the resolution. It is further understood and agreed this protection is effective upon completion of all the conditions of the sub-divider’s contract and established by resolution as outlined in Section 7.6 of the Rules and Regulations. Non-performance by the developer shall render this protection request null and void. The Sanitary Engineering Department accepts no liability for collection of protection monies or policing of the improvement due to error. Very Truly Yours

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ATTACHMENT B

MONTGOMERY COUNTY

SANITARY ENGINEERING DEPARTMENT

MUNICIPAL INDUSTRIAL PRETREATMENT PROGRAM

RULES AND REGULATIONS

Adopted: August 21, 1984 Amended: January 8, 1991 Amended: June 18, 1991 Amended: August 31, 2004

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SECTION 1

0.-1 PURPOSES

0. To prevent the introduction of pollutants into the District’s wastewater system which will interfere with the normal operation of the system or contaminate the resulting municipal sludge;

0. To prevent the introduction of pollutants into the District’s wastewater system

which do not receive adequate treatment in the Publicly Owned Treatment Works, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;

0. To improve the opportunity to recycle and reclaim wastewater and sludge from

the system;

0. To exercise all of the legal authority required by Section 403.8 (f) (l) of the General Pretreatment Regulations for Existing and New Sources issued by the Federal Environmental Protection Agency at 46 Federal Register 9404;

0. To exercise all of the powers and duties provided for in Section 6111.032 of the

Ohio Revised Code with respect to the Publicly Owned Treatment Works (POTW) in the Greater Moraine-Beavercreek Sanitary Sewer District;

0. To operate the Publicly Owned Treatment Works in the Greater Moraine-

Beavercreek Sanitary Sewer District;

0. To establish requirements for discharges into the wastewater collection and treatment system serviced by the Publicly Owned Treatment Works in the Greater Moraine-Beavercreek Sanitary Sewer District;

0. To enable Montgomery County to comply with all applicable laws and

regulations in its operation of the Publicly Owned Treatment Works, including, without limitation, effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria;

0. To derive the maximum public benefit by regulating the quality and quantity of

wastewater discharged into the Publicly Owned Treatment Works; and

0. To establish and to determine reasonable and equitable charges for discharges into the Publicly Owned Treatment Works of the Greater Moraine-Beavercreek Sanitary Sewer District, and to establish and determine such charges at levels which will be sufficient to defray all of the capital, operating and administrative costs of the system.

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1.6 DEFINITIONS

5. As used in these Rules and Regulations all terms, except as otherwise stated, shall have the same meanings as those terms are used in the most recent edition of Standard Methods for the Examination of Water and Wastewater, by American Public Health Associations, American Waterworks Association, and the Water Pollution Control Federation, published by American Public Health Association or, to the extent not in conflict therewith, Methods for Chemical Analysis of Water and Wastes, by United States Environmental Protection Agency, #EPA-600-4-79-020, published by United States Environmental Protection Agency, March 1979, revised March 1983, as it may, from time to time be revised.

5. Wastewater constituents and characteristics shall be measured in accordance

with procedures established and contained in 40 CFR 136 and amendments thereto, or with any other test procedures approved by the United States Environmental Protection Agency or Ohio Environmental Protection Agency.

5. Administrative Order

A written document which orders a violating IU to perform a specific act or refrain from an act. For example, the order may require an IU to attend a show cause meeting, cease and desist discharging, or undertake activities pursuant to a compliance schedule.

5. Beneficial Uses

Uses of the waters of the State that may be protected against quality degradation, including, without limitation, domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other similar uses, both tangible and intangible as specified by Federal or State law.

5. Building Sewer A sewer conveying wastewater from the premises of a User to a sanitary sewer.

5. Bypass The intentional diversion of wastestreams from any portion of an Industrial User’s treatment facility.

5. Categorical Pretreatment Standards National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a Publicly Owned Treatment Works by specific Industrial Discharges.

5. CFR (Code of Federal Regulations)

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5. Commission The Board of Commissioners of Montgomery County, Ohio.

5. Compatible Pollutant Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the Agency’s National Pollution Discharge Elimination System (NPDES) permit if the Facility is designed to treat such pollutants and, in fact, does remove such pollutants to a substantial degree. Although not subject to precise definition, “substantial degree”, as used in the preceding sentence, generally means removals in the order of eighty percent (80%) or higher.

0. Compliance Schedule A schedule of required activities (also called milestones) necessary for an IU to achieve compliance with all pretreatment program requirements.

0. Courtesy Phone Call An informal enforcement action used primarily to inform IU’s of violations or noncompliances, such as, but not limited to, overdue self monitoring reports.

0. Day A calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.

0. Director The Sanitary Engineering Department Director as appointed by the Commission.

0. discharge permit Written license authorizing various conditions of wastewater discharges.

0. District Greater Moraine-Beavercreek Sanitary Sewer District.

0. Enforcement Response Plan A plan developed by the POTW and approved by the Ohio Environmental Protection Agency (OEPA) which describes how the POTW will identify IU noncompliance, select an appropriate enforcement action, and resolve noncompliance in a timely, fair and consistent manner.

0. Facility Publicly Owned Treatment Works including, without limitation, sewer and conveyance appurtenances discharging thereinto, owned and operated by the District.

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0. Federal Act The Federal Water Pollution Control Act Amendments of 1972, 86 Stat. 886, 33 U.S.C. 1251, as amended by the Clean Water Act of 1977, 91 Stat. 1566, 33 U.S.C. 1251, as it may, from time to time, be amended; as well as any guidelines, limitations, and standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Act.

0. Fine A punitive monetary charge unrelated to actual treatment costs which is assessed by the District rather than a court, not to be greater than one thousand dollars ($1,000.00) per day per violation.

0. Holding Tank Waste Any waste from holding tanks including, without limitation, septic tank waste and waste from vacuum pump tank trucks.

0. Incompatible Pollutant Any pollutant which is not a compatible pollutant.

0. Industrial User (IU) Any non-domestic source regulated under section 307(b), (c) or (d) of the Federal Act which introduces pollutants into the Facility.

0. Industrial Waste Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process from the development, recovery or processing of natural resources.

0. Interference A discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the Publicly Owned Treatment Works, its treatment processes or operations, or its sludge processes, use or disposal, and therefore 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.

0. Judicial Action An enforcement action which involves a court, which may either be civil and/or criminal in nature.

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0. Mass Emission Rate The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

0. New Source Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards under Section 307(a) of the Federal Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that the building, structure, facility or installation: . Is constructed at a site at which no other source is located; or

. Totally replaces the process or production equipment that causes the

discharge of pollutants at an existing source; or

. The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

0. Notice of Violation (NOV)

A written document notifying an IU that it has violated pretreatment regulations, such as but not limited to discharge limitations. Generally used when the violation is relatively minor and the District expects the violation to be corrected within a short period of time.

0. Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

0. Person Any individual, partnership, firm, association, corporation, the United States of America, any State, any political subdivision of a State, any instrumentality of the Untied States of America, of a State, or of a political subdivision of a State, and any other public body.

0. POTW – Publicly Owned Treatment Works

0. Premises A parcel of real estate, including any improvements thereon, the owner or owners or occupier or occupiers of which have been determined by the District to be a single User for purposes of receiving, using and paying for service.

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0. Pretreatment 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 a Publicly Owned Treatment Works.

0. Prohibited Discharge Any discharge by a User which is not authorized or which constitutes, causes, threatens to cause, or is likely to cause, either alone or in conjunction with other substances, any condition stated in Chapter II of these Rules and Regulations as they may, from time to time, be amended.

0. Publication in Newspaper An enforcement action required of the Commission by Ohio EPA, in which those IU’s which have been found to be in significant noncompliance with pretreatment standards and requirements are published in the largest daily area newspaper in accordance with the POTW’s NPDES permit.

0. Publicly Owned Treatment Works A treatment works as defined by Section 212 of the Federal Act which is owned by a State or Municipality (as defined by Section 502(4) of the Federal Act, including, without limitation, a county). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they convey wastewater to a Publicly Owned Treatment Works treatment plant.

0. Referral to Ohio EPA An enforcement action by which the Board of County Commissioners requests that the Ohio EPA investigate and if warranted, take additional enforcement actions available to Ohio EPA against a violating IU.

0. Sanitary Sewer A sewer owned and operated by the District, or into which discharges are regulated by the District by reason of one or more intergovernmental agreements, or otherwise.

0. Service Termination An enforcement action by which after proper notice is given to a violating IU, sewer service and/or potable water service is disconnected or physically blocked, thus reducing or eliminating the violating IU’s discharge to the POTW.

0. Severe Property Damage Substantial physical damage to property, damage to the treatment facilities by a User which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

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0. Sewage Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such surface, storm or other waters which may be present.

0. Significant Noncompliance

Significant Noncompliance shall be defined as follows: . Chronic violations of wastewater discharge limits, defined here as those

in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

. Technical Review Criteria (TRC) violations, defined here as those in

which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) 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);

. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the District 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);

. Any discharge of a pollutant that has caused imminent endangerment of

human health, welfare or to the environment or has resulted in the POTW’s exercise of emergency authority to halt or prevent such a discharge;

. Failure to meet, within ninety (90) days after the schedule date, a

compliance schedule milestone contained in a wastewater discharge permit or enforcement order to starting construction, completing construction, or attaining final compliance;

. 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;

. Failure to accurately report noncompliance;

. Any other violation or group of violations which the District determines

will or has adversely affected the operation or implementation of the County’s pretreatment program.

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0. Significant Industrial User Except as provided in part (b) of this section, the term “Significant Industrial User” includes:

. All Industrial Users subject to categorical pretreatment standards; and b. Any other Industrial User that:

1. discharges an average of 25,000 gallons per day or more of

process wastewater to the POTW;

0. contributes a process wastestream which makes up five percent (5%) or more of the average dry weather, hydraulic or organic capacity of the POTW treatment plant;

3. has a reasonable potential, in the opinion of the District, to

adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.

The District may at any time, on its own initiative or in response to a petition received from an Industrial User, determine that a Non-Categorical Industrial User is not a “Significant Industrial User” if the Industrial User has no reasonable potential to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.

0. Slug Load

Any pollutant, including oxygen demanding pollutants, released in a single extraordinary discharge episode of such volume or strength as to cause interference to or pass through the POTW.

0. Unpolluted Water Water to which no constituent has been added, either intentionally or accidentally, which would render such water unauthorized by the agency having jurisdiction there of for disposal to storm or natural drainage or directly to surface waters.

0. Upset An exceptional incident in which a User run intentionally and temporarily is in a state of noncompliance with standards set forth by the District due to factors beyond the reasonable control of the User, or in which the facility unintentionally and temporarily is in a state of noncompliance with its National Pollution Discharge Elimination System permit due to factors beyond its reasonable control.

0. User Any person who discharges, causes or permits the discharge of wastewater into a sanitary sewer.

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0. User Classification A classification of User based on the latest published edition of the Standard Industrial Classification Manual prepared by the United States Executive Office of Management and Budget.

0. Violation An occasion of noncompliance with any term or condition of Federal, State or Local pretreatment regulations and requirements, including, without limitation, discharge limitations and other conditions contained in a User’s discharge permit.

0. Waste Sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of any nature, including such waste placed within containers of any nature prior to, and for the purposes of, disposal.

0. Wastewater Industrial waste, or sewage, or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the facility.

0. Wastewater Constituents and Characteristics The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

0. Waters of the State All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, regardless of depth of the strata in which underground water is located, which are situated wholly or partly within the State of Ohio, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.

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SECTION 2

1.2 PROHIBITED DISCHARGES

2.1 No person or User shall discharge any material into a sanitary sewer if said discharge constitutes, causes, threatens to cause, or is likely to cause, either alone or by interaction with other substances, the following: 2. pollutants which create a fire or explosion hazard on the POTW, including, but

not limited to, wastestreams with a closed cup flashpoint of less than one hundred and forty degrees Fahrenheit (140°F) or sixty degrees Centigrade (60°C) using the test method specified in 450 CFR 261.21.

2. Obstruction of flow in a sewer system or injury of the system or damage to the

wastewater collection, treatment or disposal facilities;

2. Danger to life or safety of any individual;

2. A nuisance or prevention of the effective maintenance or operation of the facility;

2. Air pollution by the release of toxic or malodorous gases or malodorous gas-

producing substances;

2. Pass through or interference with the wastewater treatment process for the quality of effluent as established by the NPDES permit;

2. Discoloration or any other condition in the quality of the District’s treatment

works effluent in such a manner that receiving water quality requirements established by law cannot be met;

2. Conditions at or near the facility which violate any statute or any rule,

regulation, or ordinance of any public agency or State or Federal regulatory body;

2. Any slug load;

2. The facility’s effluent or treatment residues, sludges, or scums to be unsuitable

for the intended reclamation and reuse purpose of the District.

2. Discharges of petroleum oil, non-biodegradable cutting oil or products of mineral oil origin are prohibited if discharged in amounts that can pass through or cause interference.

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2. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

2.2

No person or User shall discharge unpolluted water, including, without limitation, cooling water, process water, or blow-down from cooling towers or evaporative coolers, storm water, groundwater or demineralizer back wash water, directly or indirectly into a sanitary sewer, unless specifically authorized by the District in a discharge permit or written authorization from the Director. The District will approve the discharge of such water only when no reasonable alternative method of disposal is available. An authorization for discharge of such water into a sanitary sewer shall only be valid if the User shall pay, or agree to pay, the applicable User charges and shall meet, or agree to meet, such other conditions as required by the District. 2.3 No person or User shall discharge any radioactive waste directly or indirectly into a sanitary sewer unless: 5. It is authorized by the Ohio Department of Health or other governmental agency

empowered to regulate the use of radioactive materials; and

5. It is in strict conformity with the rules, regulations and recommendations for safe disposal of radioactive materials of the Ohio Department of Health; and

5. It is in compliance with all rules and regulations of all other applicable regulatory

agencies; and

5. The discharge is authorized in all other respects.

2.4

No person or User shall discharge waste from a garbage grinder directly or indirectly into a sanitary sewer unless: 0. The waste is shredded to such a degree that all particles will be carried freely

under normal flow conditions prevailing in the sanitary sewer;

0. The garbage grinder is not used for grinding plastic, paper products, inert materials or garden refuse;

0. It is authorized in all other respects; and

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0. Either:

. The waste is generated in the preparation of food normally consumed on the premises; or

. The User has obtained a discharge permit or other written authorization from the District, which specifically authorized such a discharge, and the User agrees to undertake whatever self-monitoring is required to enable the District to equitably determine the User charges based on the waste constituents and characteristics.

2.5

No person or User shall allow any substance to be discharged directly or indirectly into a manhole or other opening in a sanitary sewer other than through an approved building sewer unless specifically authorized by the District in a discharge permit or other written authorization from the Director and the discharge is authorized in all other respects. 2.6 No person shall access the sewer system or POTW for any activity including discharge of hauled septic or industrial wastes except at locations and at times as designated by the District. Any removal of manhole lids or other access to the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the District, or without the expressed permission of the District, shall be considered a violation and shall be subject to enforcement action including fines and penalties. 2.7 No person or User shall discharge any substance if said discharge fails to meet any of the specific limitations set forth in the Appendices, or more stringent discharge limitations contained in a discharge permit. 2.8 No person or User shall discharge hot or heated matter in such quantities that the temperature at the facility exceeds one hundred and four degrees Fahrenheit (104°F) or forty degrees Centigrade (40°C). 2.9 No person or User shall discharge any substance if said discharge fails to meet an applicable Categorical Pretreatment Standard imposed by the Federal Act or by the State of Ohio which is more stringent than the effluent limitations imposed as a condition of authorization by these Regulations or by discharge permit.

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2.10 No person or User in an industrial category subject to effluent guidelines issued under Sections 307(b) and (c) of the Federal Act shall discharge an incompatible pollutant if the User has not adopted the best available technology economically achievable, as defined by the Administrator of the Federal EPA pursuant to Sections 307(b) and (c) of the Federal Act. For the purpose of determining whether a discharge is authorized pursuant to this Subsection (j), the definition of “best available technology economically achievable” in effect at the time or times of the discharge shall be used. 2.11 No person or User shall discharge any substance if said discharge fails to meet limitations on wastewater strength which the Commission may adopt from time to time if and when the District: 0. determines that the limitations elsewhere imposed herein may not be sufficient

to protect the operation of the facility; or

0. determines that the limitations elsewhere imposed here may not be sufficient to enable the facility to comply with water quality standards or effluent limitations specified in the Districts National Pollutant Discharge Elimination System (NPDES) permit.

2.12

No person or User shall discharge any substance if said discharge has been diluted in any way with potable or process water, or by the mixing of separate waste streams, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with standards set forth in these Rules and Regulations. 2.13 Bypass of any pretreatment process is prohibited unless: 0. Bypass was unavoidable to prevent loss of life, personal injury, or severe

property damage; and

0. There were no feasible alternatives to the bypass, such as, but not limited to the following:

. use of auxiliary treatment units . retention of untreated wastes . maintenance during normal periods of downtime; and d. The User submitted notices to the District as required under paragraph

(c) of 40 CFR 403.17.

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SECTION 3

2.-1 WASTEWATER DISCHARGE PERMITS 2.-1 PROCEDURES FOR ISSUING WASTEWATER DISCHARGE PERMITS

3.1.01 All Significant Industrial Users proposing to connect to or discharge into a sanitary sewer must obtain a discharge permit before connecting to or discharging into a sanitary sewer. All existing Significant Industrial Users connected to or discharging into a sanitary sewer must obtain authorization within ninety (90) days after the District notifies the existing or new source User that such authorization is required. For the purpose of this requirement, a Significant Industrial User is defined in Section 1.2 definition 44 of these Rules and Regulations. 3.1.02 Users seeking a discharge permit shall complete and file with the District an application in the form prescribed by the District. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information: 0. Name, address, and Standard Industrial Classification number of applicant; 0. Volume of wastewater to be discharged;

0. Wastewater constituents and characteristics including, without limitation, those

mentioned in Section 2.7 and Section 2.8 above, and any constituents and characteristics so deemed necessary by the District, and any radioactive constituents, as determined by a laboratory approved by the District;

0. Time and duration of the discharge;

0. Average and thirty (30) minute peak wastewater flow rates, including daily,

monthly and seasonal variations, if any;

0. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation;

0. Description of activities, facilities and plant processes on the premises,

including all materials, processes and types of materials which are or could be discharged;

0. Each product and by-product produced by type, amount and rate of production;

0. Each material and each catalyst used in the manufacturing process;

0. Number and type of employees and hours of work;

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0. Constituents and quantities of all residues actually or proposed to be generated by the pretreatment processes and the actual or proposed method of disposition of each;

0. Where additional pretreatment and/or operation and maintenance activities will

be required to comply with these Rules and Regulations, the User shall provide a declaration of the shortest feasible schedule by which the User will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. The schedule shall contain milestone dates for commencement and completion of major events leading to compliance with these Rules and Regulations. The User shall report to the District, not later than fourteen (14) days following each milestone date, on compliance with the progress represented by the date, and, if not, the reason for delay, the date on which it expects to comply and the steps to be taken to return to the original schedule; and

0. Any other information as may be deemed by the District to be necessary to

evaluate the discharge permit application. The application and each disclosure form required therewith shall be signed by a principal executive officer of the applicant and by a qualified engineer if deemed necessary by the District. The District will evaluate the data furnished by the User and may require additional information. After evaluation and acceptance of the data furnished, the Commission may issue a Wastewater discharge permit subject to terms and conditions as provided for herein.

3.1.03 At least ninety (90) days prior to commencement of discharge for new sources and at least ninety (90) days subsequent to the promulgation of an applicable categorical standard for existing sources, a report shall be submitted to the District which contains the following information: 5. The name and address of the facility including the name of the operator and

owner;

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

5. 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 POTW from the regulated process;

5. The average daily and average maximum daily flow, in gallons per day, to the POTW from each of the following: regulated process streams, and other streams to allow the us of the Combined Wastestream Formula;

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5. The pretreatment standards applicable to each regulated process. These new sources are also required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources are permitted to give estimates of the information required in paragraphs 3 and 4 above, so long as requirements found in 40 CFR 403.12 (b)(5) are adhered to.

3.1.04

A discharge permit shall ordinarily be issued for a specific period of time. The terms and conditions of the discharge permit shall be subject to modification and change by the District during the life of the discharge permit as limitations, requirements, and categorical pretreatment standards are modified and changed. The User shall be notified of any proposed changes in its discharge permit at least sixty (60) days prior to the effective date of change. Any changes or new conditions in the discharge permit shall include a reasonable time schedule for compliance. 3.1.05 A Wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new User, different premises, or a new or changed operation. 3.1.06 Any User who violates any condition of these Rules and Regulations, or who violates applicable State and Federal regulations, including any condition contained in a discharge permit, is subject to any enforcement action available to the District and Commission as provided by law, including permit revocation.

2.-1 CONDITIONS OF ISSUANCE OF WASTEWATER DISCHARGE PERMITS

3.2.01 Installation and maintenance, at the User’s expense, of one or more water meters to measure the total amount of water used by the User from all sources, public and private. Each meter must first be approved by the District for its intended use. 3.2.02 Compliance with all remedial measures which may be required by the District as a result of an unauthorized discharge, as provided for in Section 5.2 below. 3.2.03 Strict compliance with all of the provisions of these Rules and Regulations and all rules adopted by the District.

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3.2.04 Prompt payment of all User charges and fees, prohibited discharge surcharges and fines, as established or imposed by the District. 3.2.05 Compliance with all schedules submitted or required in connection with a wastewater discharge permit. 3.2.06 A Wastewater discharge permit may contain additional terms and conditions as the Commission may impose, which may include: 5. The unit charge or schedule of User charges and fees for the wastewater to be

discharged to a sanitary sewer;

5. The average and maximum wastewater constituents and characteristics to be permitted by the discharge permit;

5. Limits on rate and time of discharge or requirements for flow regulations and

equalization;

5. Requirements for installation of inspection and sampling facilities;

5. Pretreatment requirements;

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

5. Requirements for submission of technical reports or discharge reports as deemed necessary by the District;

5. Requirements for maintaining plan records relating to wastewater discharge as

specified by the District and the District access thereto;

5. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed or present in the User’s wastewater discharge. The Commission may impose mass per unit of production limits, equivalent mass per day limits, or equivalent concentration based limits, and convert either set of limitations to other sets, as deemed appropriate. Discharge limitations, whether categorical or locally developed or converted, will be deemed pretreatment standards, and as such, be enforceable by the District and the Commission;

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5. Other conditions as deemed appropriate by the District to insure compliance with these regulations.

3.2.07 The construction and operation, at User’s expense, of monitoring facilities, if required by the District, to allow inspection, sampling and/or metering of the building sewer or internal drainage systems. 3.2.08 The monitoring facility required by Section 3.2.07, above, should normally be situated on the User’s premises, but the District may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. If the monitoring facility is inside the User’s property, there shall be accommodations to allow access for District personnel. There shall be ample room on or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, sampling and measurement equipment shall be maintained at all times in a safe and proper operating condition at the User’s expense. Whether constructed on public or on private property, the sampling and monitoring facilities shall be provided in accordance with the District’s requirements and all applicable Local District construction standards and specifications. Construction shall be completed within a reasonable period of time following written notification by the District. 3.2.09 The District may inspect the facilities of any User to ascertain whether the purposes of these regulations are being satisfied and whether all of the requirements of these regulations are being satisfied. Persons or occupants of premises where wastewater is created or discharged shall allow the District or its representative’s ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The District shall have the right to set up on the User’s property such monitoring devices as are necessary to conduct sampling or metering operations. Where a User has a requirement of security clearance for entry onto its premises, the User shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the District will be permitted to enter without delay for the purposes of performing their specific responsibilities. The District shall also be allowed to review and copy and pertinent record of the User to ascertain compliance with applicable pretreatment regulations.

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3.2.10 Users shall make wastewater acceptable under the limitations established herein before discharging to any sanitary sewer. Any facilities required to pre-treat wastewater to a level acceptable to the District shall be provided and maintained at the User’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the District before construction of the facility. The District’s review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the District under provisions of these Regulations. The District shall be notified at least five (5) days prior to start up of new or modified pretreatment facilities. Any subsequent changes in the pretreatment facilities or methods of operation shall be reported to and be acceptable by the District. 3.2.11 Each User shall provide protection from accidental discharge of prohibited materials or other wastes regulated by these regulations. Such facilities shall be provided and maintained at the User’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be acceptable to the District before construction of the facility. The District’s review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this sub-section. In the event of an accidental discharge to the sanitary system or in the event that the possibility of an accidental discharge becomes likely, or the User experiences an upset at its facility, the User shall notify the District immediately in order that the District may take counter measures to minimize damage to the sanitary sewer, treatment facility, treatment processes, and receiving waters. This notification shall be followed, within five (5) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future reoccurrences. Any such notification will in no way relieve Users of liability for daily surcharges, fines, or for any expense, loss or damage to the sewer system, treatment facility, or treatment process, nor shall nay such notification relieve the User of any of its other obligations under these regulations or under Federal, State or Local law. 3.2.12 Special agreements and arrangements between the District and any person or persons or agencies may be established when in the opinion of the District unusual or extraordinary circumstances compel special terms and conditions; provided, however, that the terms of any special agreement or arrangement shall not contradict or be inconsistent with such Federal pretreatment standards and regulations as shall, from time to time, be in effect. To the extent of any such contradiction or inconsistency with Federal pretreatment standards and regulations any special agreement or arrangement shall be void and of no effect.

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3.2.13 Each User shall report to the District, ninety (90) days prior to any alterations or as soon as possible thereafter, changes in its operation that will significantly alter the quality or quantity of process wastewater that is discharged to the Facility. The term “significantly alter” as used in the proceeding sentence shall mean an increase or decrease in quality or quantity of twenty-percent (20%) or more. Prior to any and all significant alterations to pretreatment processes, or construction of new pretreatment processes, Users shall obtain written authorization from the Ohio Environmental Protection Agency, from the District, and any and all other applicable governmental control authorities. 3.2.14 Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following the commencement of the introduction of wastewater into the POTW, any User subject to pretreatment standards and requirements shall submit to the District a report containing the information, described in paragraphs (b) (4) – (6) of 40 CFR 403.12. This information is different from the information provided in a baseline monitoring report. 3.2.15 All industrial Users shall promptly notify the Director of the Sewer District in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the Industrial User had submitted initial notification under 40 CFR 403.12(p).

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SECTION 4

5.3 CHARGES FOR USING PUBLICLY OWNED TREATMENT WORKS IN THE GREATER MORAINE-BEAVERCREEK SEWER DISTRICT.

5.3 CHARGES FOR AUTHORIZED USE

4.1.01 User charges and fees shall be based upon the total amount of water used by the User from all sources unless, in the opinion of the District, significant portions of water received are not discharged to the sanitary sewer. The total amount of water used form public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the User and approved by the District. 4.1.02 When, in the opinion of the District, a significant portion of the water received by a User from any metered source does not flow into the sanitary sewer because of the principal activity of the User or because of removal by other means, the User charges and fees will be applied against the volume of water discharged from such premises into the sanitary sewer. Written application and proof of diversion of water must be provided by the User if the User is to avoid the application of the User charges and fees against the total amount of water used from all sources. The User may at its expense, install a meter of a type and at a location approved by the District for this purpose. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters will be tested for accuracy when deemed necessary by the District, at the User’s expense. 4.1.03 When, in the opinion of the District, it would be unnecessary of impractical for a User to install meters of water used (and/or meters of sewage discharged or water diverted when the District has determined that there is a significant diversion of wastewater), the quantity of wastewater may be based upon an estimate prepared by the District. This estimate shall be based upon a rational determination of the waste water discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services, or such other determinants of water use necessary to estimate the wastewater volume discharged. When the User has a source meter, but an estimation is necessary because, in the opinion of the District, there is a significant diversion of the water used, and it is unnecessary or impractical to install a meter to measure the diversion, the estimate of the quantity of wastewater may be made by the User, provided that the User includes in its estimate the method and calculations used to determine the wastewater volume.

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4.1.04 Each person, partnership, corporation, business or industry discharging wastes into the District sewers shall be subject to all additional charges provided for pursuant to the Specifications, Rules and Regulations of the Montgomery County Sanitary Engineering Department.

5.3 PROHIBITED DISCHARGE SURCHARGES AND FINES FOR VIOLATIONS OF PRETREATMENT REGULATIONS

4.2.01 A prohibited discharge surcharge and/or fine will be sought or assessed in addition to all of the customary charges provided for in Section 4.1, above, in an amount or amounts to be determined by the District in accordance with Section 5, below, for prohibited discharges into the system and for violations of applicable pretreatment regulations. The surcharge for a prohibited discharge, as well as any fine, will be deemed to be a civil penalty, enforceable in accordance with Section 5.4 of these Rules and Regulations. 4.2.02 The amount of the surcharge to be sought or assessed will be determined after the fact on a case-by-case basis, and will be sufficient to meet all of the costs, capital, operating and administrative, caused directly or indirectly by, or contributed to or by, the prohibited discharge or violation, including, without limitation: 3. all remedial activity, including repair, clean-up, etc.;

3. Federal, State, Local and private fines, penalties, charges and damages which

may result from the County’s failure, or alleged failure, to meet its obligations, including interruption of service;

3. all costs of monitoring the prohibited discharge, the flow of effluent through the

treatment and collection systems, and the discharge from the Publicly Owned Treatment Works;

3. the costs of all reports and reporting activities resulting from the prohibited

discharge;

3. the costs of any extra monitoring and inspection activity which may, in the opinion of the Director, become a prudent precautionary measure as a result of the prohibited discharge;

3. the costs of investigation, and of conducting a hearing, and of bringing and/or

settling any legal action which may become reasonably necessary, including reasonable attorneys’ fees.

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SECTION 5

5.1 ADMINISTRATIVE PROCEDURES

5.1 DETERMINATION OF RATES OF CHARGES FOR AUTHORIZED DISCHARGES

5.1.01 The Commission shall determine rates of charges and additional charges for authorized discharges, as provided for in Section 4.1. The Commission shall establish such rates in amounts which are at least sufficient, considered collectively, to meet all of the reasonably expected costs of the Publicly Owned Treatment Works, and its collection and discharge systems, including all capital, operating and administrative costs, which are attributable to the Municipal Industrial Pretreatment Program. 5.1.02 The District shall give each User at least thirty (30) days advance written notice of any changes in the rates of charges for authorized discharges.

5.1 DETERMINATION OF PROHIBITED USE, PROHIBITED USE SURCHAGES, FINES, REQUIRED REMEDIAL MEASURES, AND ENFORCEMENT REMEDIES

5.2.01 Whenever the District shall have cause to believe that a prohibited discharge or violation of Federal, State, or Local pretreatment regulations may have occurred, the District shall notify the User thereof. The District may utilize an Enforcement Response Plan (ERP) as a systematic guidance tool to enforce against such discharges or violations. Such enforcement actions may be, but are not limited to, the following: 3. Courtesy phone call

3. Notice of violation

3. Administrative order

3. Administrative fine

3. Issuance of compliance schedules

3. Judicial actions (civil and/or criminal penalties)

3. Referral of IU to Ohio Environmental Protection Agency

3. Publication of IU’s name in newspaper

3. Termination of sewer and/or water service

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5.2.02 Whenever the District has determined that a prohibited discharge or violation of Federal, State or Local pretreatment regulations has occurred, the District may, in addition to all other remedies provided for in these regulations, or otherwise available at law, then or thereafter require the User to take remedial measures which may be or become reasonably necessary to correct the prohibited discharge or violation and the situation resulting therefrom, and to avoid the likelihood of a repetition of the prohibited discharge or violation. Such remedial measures may include, without limitation: 0. the filing of periodic discharge reports, which may be required to include,

without limitation, the nature of the process, volume, rates of flow, mass emission rates, production quantities, hours of operation, number and classification of employees, or other information relating to the generation of wastewater, including wastewater constituents and characteristics in the wastewater discharge; and which may be required to include, also, the chemical constituents and quality of liquid or gaseous materials stored on site even though they may not normally be discharges;

0. the submission, for approval by the District with such calculations as it may deem necessary, of a detailed compliance schedule for specific actions which the User shall take in order to prevent or correct a prohibited discharge or violation.

5.1 ADMINISTRATIVE APPEAL BY AGGRIEVED USER

5.3.01 Any person who deems himself aggrieved by the denial of an application for a discharge permit, by the terms and conditions imposed with respect to any discharge permit, or by any enforcement determination made pursuant to these Rules and Regulations, may file an Appeal with the District. 5.3.02 Any administrative appeal must be perfected within thirty (30) days of the date that the aggrieved User receives the notice, by filing a written notice of appeal with the District. Any administrative appeal shall have been reviewed by the aggrieved User and the Sanitary Engineering Department Director or his representative prior to the formal administrative appeal process described in this section. 5.3.03 A notice of appeal must state the action or actions appealed from, and must contain a short, plain statement of the reason or reasons why the person believed the action to be incorrect.

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5.3.04 The District will appoint a hearing examiner to hear the appeal, who must be a person admitted to the practice of law in the State of Ohio. 5.3.05 The hearing examiner will conduct a hearing at which both the aggrieved person and the District will be permitted to submit evidence and arguments in support of their respective positions. 5.3.06 The hearing conducted before the hearing examiner will, at the request of either the aggrieved person or the District, be recorded, either by stenotype, stenography, voice or video recording. 5.3.07 At the hearing, the aggrieved person may represent himself, but any other person or persons representing the aggrieved person must be admitted to the practice of law in the State of Ohio. The District may also be represented by counsel. 5.3.08 Following the hearing, the hearing examiner will render findings of fact and a recommendation, and will mail to or otherwise serve upon both parties copies thereof. 5.3.09 The hearing examiner’s recommendation may be: 4. to affirm the action or actions appealed from; or

4. to modify, in whole or in part, the action or actions appealed from; or

4. to rescind, in whole or in part, the action or actions appealed from; or

4. a combination of two or more of the above.

5.3.10 Following the hearing examiner’s recommendation, the Commission will review the hearing examiner’s recommendation and determine whether to affirm, to modify or to rescind, or partly to affirm, partly to modify, and/or partly to rescind, the action or actions appealed from. The Commission may decide to remand the matter to the hearing examiner for further findings of fact and/or one or more additional hearings, after which the matter will again be taken up by the Commission.

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5.3.11 The aggrieved person shall have no right to a hearing before the Commission. The Commission may consider and decide the administrative appeal in the same fashion as it conducts its ordinary business at its meetings. 5.3.12 The decision of an administrative appeal by the Commission shall be final. 5.3.13 If the decision of an administrative appeal is to affirm the action or actions appealed from, then all costs of the administrative appeal, including, without limitation, the hearing examiner’s fees, shall be assessed against the appellant; otherwise, the District shall bear those costs.

5.1 CIVIL ACTIONS TO ENFORCE REGULATIONS

5.4.01 The District may bring one or more civil actions in any court or courts of competent jurisdiction to collect any charges, fees and fines to which the County may be entitled pursuant to these Regulations, or for civil damages in any appropriate case, or for both. 5.4.02 The District may bring one or more civil actions in any court or courts of competent jurisdiction to enjoin an unauthorized discharge, or any other violation of these Regulations or of Federal, State or Local law, or to obtain any other relief to which the County may be entitled, or which may be appropriate. 5.4.03 The fact that an administrative hearing or administrative appeal is pending shall in no way restrict the ability of the District to bring one or more civil actions concerning the matter or matters with respect to which the administrative hearing or administrative appeal is pending.

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5.1 MISCELLANEOUS PROVISIONS

5.5.01 All information and data on a User obtained from reports, questionnaires, applications for discharge permits, discharge permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes or methods which are of a proprietary nature to the User’s competitors. 5.5.02 When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the District as confidential shall not be transmitted to any governmental agency or to the general public by the District until and unless prior notification is given to the User. 5.5.03 The Commission shall at least annually publish a list of Users who have been found to be in significant noncompliance with pretreatment regulations in accordance with the POTW’s NPDES permit and these regulations. 5.5.04 All Users subject to these Rules and Regulations shall retain and preserve for no less than three (3) years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling, and chemical analysis made by or on behalf of a User. All records which pertain to matters of enforcement or litigation activities brought by the District pursuant hereto shall be retained and preserved by the User until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 5.5.05 If any provision of these Rules and Regulations or their application to any person or persons or circumstances is held to be invalid, the remainder of these Rules and Regulations, or their application to other persons or circumstances, shall not be affected thereby.

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5.5.06 The District reserves the right to amend these Rules and Regulations from time to time and at any time or times to provide more stringent limitations or requirements relating to discharges to the Facility, or otherwise. 5.5.07 The District may enforce all applicable pretreatment regulations through approved policies which, from time to time, may be adopted or amended by the Commission. 5.5.08 If sampling performed by a User indicates a violation of discharge limitations contained in a discharge permit, or show a violation of limitations found in the Appendices to these Rules and Regulations, and whether or not the sampling was required of the User, the User shall notify the District within twenty four (24) hours of becoming aware of the violation. The User shall also repeat sampling and analysis and submit the results of the repeat analysis to the District within thirty (30) days of becoming aware of the original violation. The User is not required to resample if the District has sampled the User’s discharge between the time the original sample was collected and the time when the User became aware of the original violation. 5.5.09 All reports require of industrial Users by these Rules and Regulations, by all applicable pretreatment regulations and requirements, or by discharge permit conditions or under terms of any enforcement action taken against the User by the District, shall include the certification statement set forth in 40 CFR 403.6 (A)(2)(ii), and shall be signed in accordance with the criteria set forth in 40 CFR 403.12 (L)(1)-(4). Unless directed otherwise, all reports submitted to the District shall be mailed or otherwise delivered to the following address: Montgomery County Sanitary Engineering Pretreatment Program Coordinator 1850 Spaulding Road Kettering, Ohio 45432

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5.5.10 District personnel shall observe all safety rules applicable to the premises established by the User when the User notifies the District personnel of such rules. The User shall be held harmless for injury or death to District personnel, and the District shall indemnify the User against loss or damage to its property caused by District personnel and against liability claims and demands for personal injury or property damage asserted against the User and growing out of the performance of monitoring duties by District personnel, except where such injury, death or loss of property may be caused by negligence or failure of the User to maintain safe conditions at its facility. 5.5.11 New sources shall install and have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge and achieve compliance within the shortest feasible time, not to exceed ninety (90) days. 5.5.12 Reports which are required of all industrial Users must be based on data obtained during the period covered for each specific report. An appropriate amount of sampling shall be performed for each report. Results of additional monitoring beyond the minimum required shall be included in each report. 5.5.13 Any industrial User which experiences an upset in operation that places it in a temporary state of noncompliance, which may be or may not be the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, shall inform the District thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed with the District by the User within five (5) days. The report shall contain: 1. a description of the upset, its cause(s), and impact on the discharger’s

compliance status;

2. the duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored;

3. all steps taken or planned to reduce, eliminate and prevent recurrence of such

an upset.

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INDUSTRIAL/COMMERCIAL USER DISCHARGE LIMITATIONS (1) MONTGOMERY COUNTY

EASTERN REGIONAL WWTP APPENDIX 1

Pollutant One-Day Maximum Average Value (3) Parameters (2) ug/I ug/I (4)

Cadmium, Total Recoverable 70 50 Chromium, Total Recoverable 4063 2200 Chromium, Hexavalent 78 42 Copper, Total Recoverable 1168 524 Cyanide, Free 654 154 Lead, Total Recoverable 680 349 Mercury, Total Recoverable 2.8 0.12 Nickel, Total Recoverable 720 230 Silver, Total Recoverable 100 50 Zinc, Total Recoverable 3079 2100 Arsenic, Total Recoverable 150 150 Molybdenum, Total Recoverable 200 200 Selenium, Total Recoverable 150 150 Conventional Pollutants Oil and Grease (5) (mg/l) (6) 100 ---- pH (S.U.) (7) 6.0-10.0 ---- Conventional Pollutant Limits for Surcharge Calculations (8) mg/l BOD ---- 250 Total Suspended Solids ---- 300 Ammonia NH3-N ---- 50 Notes: (0) Individual industries may have limits that differ from those listed above, which are based upon the

combined wastestream formula, Federal categorical limitations, and other requirements set forth in a specific discharge permit.

(0) All samples shall be analyzed by methods identified in 40 CFR 136 (Code of Federal Regulations) or

otherwise approved of by Montgomery County. (0) Average Value = the arithmetic average of all sample values that have been collected over the period of

a calendar month. (0) Ug/l = Micrograms per liter or parts per billion. (0) Floating oil and grease deemed a nuisance condition constitutes an unauthorized discharge according

to the Sanitary Engineering Department Rules and Regulations. (0) mg/l = Milligrams per liter or parts per million. (0) SU = Standard Units (0) These limitations may be used to calculate surcharges for increased treatment costs.

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INDUSTRIAL/COMMERCIAL USER DISCHARGE LIMITATIONS (1) MONTGOMERY COUNTY

WESTERN REGIONAL WWTP APPENDIX 2

Pollutant One-Day Maximum Average Value (3) Parameters (2) ug/I ug/I (4)

Arsenic 90 18 Cadmium, Total Recoverable 90 40 Chromium, Total Recoverable 2000 2000 Chromium, Hexavalent 150 150 Copper, Total Recoverable 1500 500 Cyanide, Free 500 500 Lead, Total Recoverable 600 400 Mercury, Total Recoverable 2.8 0.12 Molybdenum 1000 1000 Nickel, Total Recoverable 650 650 Selenium 100 100 Silver, Total Recoverable 600 140 Zinc, Total Recoverable 2000 2000 Conventional Pollutants pH (S.U.) (7) 6.0-10.0 ---- Conventional Pollutant Limits for Surcharge Calculations (8) mg/l Ammonia 22 ---- BOD 250 ---- Oil and Grease (5) 100 ---- Phosphorus (T) 20 ---- Total Suspended Solids 300 ---- Notes: (1) Individual industries may have limits that differ from those listed above, which are based upon the

combined wastestream formula, Federal categorical limitations, and other requirements set forth in a specific discharge permit.

(2) All samples shall be analyzed by methods identified in 40 CFR 136 (Code of Federal Regulations) or

otherwise approved of by Montgomery County. (3) Average Value = the arithmetic average of all sample values that have been collected over the period of

a calendar month. (4) Ug/l = Micrograms per liter or parts per billion. (5) Floating oil and grease deemed a nuisance condition constitutes an unauthorized discharge according

to the Sanitary Engineering Department Rules and Regulations. (6) mg/l = Milligrams per liter or parts per million. (7) SU = Standard Units (8) These limitations may be used to calculate surcharges for increased treatment costs.

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Documents

M O N T G O M E R Y C O U N T Y · 1.23 PUBLIC SEWER Shall mean a sewer under the jurisdiction of a public authority. 1.24 RESOLUTION Legislation approved by the County Commission