code of ordinances city of muncie, indiana ... clerk...supplement no. 13 september 2011 code of...

SUPPLEMENT NO. 13 September 2011

CODE OF ORDINANCES

City of

MUNCIE, INDIANA

Looseleaf Supplement

This Supplement contains all ordinances deemed advisable to be included at this time through:

Ordinance No. 6-11, enacted May 2, 2011. See the References to Ordinances for further information. Remove Old Pages Insert New Pages xix, xx xix—xx.i Checklist of up-to-date pages Checklist of up-to-date pages

(following Table of Contents) SH:1(following Checklist of up-to-date

pages) V-23—V-49 V-23—V-50.10 XV:50.1 XV:50.1—XV:50.3 CCT:21, CCT:22 CCT:21, CCT:22 CDi:21, CDi:22 CDi:21, CDi:22 CD31—CDi:32.1 CD31—CDi:32.1

Insert and maintain this instruction sheet in front of this publication. File removed pages for reference.

TABLE OF CONTENTS

Page

Officials of the City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Adopting Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix

Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1]

Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:1

Title

I. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I:1Ch. 10. Rules of Construction . . . . . . . . . . . . . . . . . . . . . . . I:3Ch. 11. Corporate Boundaries . . . . . . . . . . . . . . . . . . . . . . . I:7Ch. 12. Councilmanic Districts . . . . . . . . . . . . . . . . . . . . . . I:9

III. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:1Ch. 30. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . III:3

Div. 1. Inventory of City Property. . . . . . . . . . . . . . . . III:7Div. 2. Wages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:8

Ch. 31. Executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:9Div. 1. General Organization . . . . . . . . . . . . . . . . . . . . III:9Div. 2. Order of Succession for Office of Mayor . . . . III:17

Ch. 32. Legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:19Div. 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . III:19Div. 2. Rules of Council . . . . . . . . . . . . . . . . . . . . . . . . . III:22

Ch. 33. Judicial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:27Ch. 34. Boards and Commissions . . . . . . . . . . . . . . . . . . . . III:29

Div. 1. Plan Commission . . . . . . . . . . . . . . . . . . . . . . . . III:29Div. 2. Muncie Economic Development Commis-

sion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:30Div. 3. Redevelopment Commission . . . . . . . . . . . . . . III:30Div. 4. Police and Firemen's Pension Boards . . . . . . III:31Div. 5. Human Rights Commission. . . . . . . . . . . . . . . III:31Div. 6. Industrial Revolving Fund Board . . . . . . . . . III:37Div. 7. Historic Preservation and Rehabilitation

Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:39Div. 8. Muncie Cable Television Commission. . . . . . III:43Div. 9. Public Transportation Corporation . . . . . . . . III:44Div. 10. Animal Care Commission . . . . . . . . . . . . . . . III:44.1

Ch. 35. Police and Fire Division . . . . . . . . . . . . . . . . . . . . . III:45Div. 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . III:45Div. 2. Police Division. . . . . . . . . . . . . . . . . . . . . . . . . . . III:45Div. 3. Fire Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . III:48Div. 4. Police Reserve Unit . . . . . . . . . . . . . . . . . . . . . . III:48Div. 5. Police Representation . . . . . . . . . . . . . . . . . . . . III:48Div. 6. Firefighters Representation. . . . . . . . . . . . . . . III:52

Ch. 36. Ordinance Violations . . . . . . . . . . . . . . . . . . . . . . . . III:57

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Ch. 37. Collective Bargaining. . . . . . . . . . . . . . . . . . . . . . . . III:59Ch. 38. Public Purchasing. . . . . . . . . . . . . . . . . . . . . . . . . . . III:63

V. Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:1Ch. 50. Sewers and Sewage Disposal. . . . . . . . . . . . . . . . . V:3

Div. 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . V:3Div. 2. Sewer Charges . . . . . . . . . . . . . . . . . . . . . . . . . . V:7Div. 3. Sewer Connections . . . . . . . . . . . . . . . . . . . . . . . V:10

Ch. 51. Water Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:13Ch. 52. Waste and Litter; Care of Premises. . . . . . . . . . . V:15

Div. 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . V:15Div. 2. Care of Premises. . . . . . . . . . . . . . . . . . . . . . . . . V:16Div. 3. Weed Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:18Div. 4. Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:18Div. 5. Waste Collection . . . . . . . . . . . . . . . . . . . . . . . . . V:19Div. 6. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . V:20

Ch. 53. Wastewater Treatment . . . . . . . . . . . . . . . . . . . . . . V:23Div. 1. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:24Div. 2. Pretreatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:33Div. 3. Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:34Div. 4. Compliance Monitoring and Reporting. . . . . V:42Div. 5. FOG Pretreatment Program Requirements

for Food Service Establishments . . . . . . . . . . V:50Div. 6. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:50.4Div. 7. Affirmative Defenses to Discharge Viola-

tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:50.7Div. 8. Rates and Charges. . . . . . . . . . . . . . . . . . . . . . . V:50.9

Ch. 55. Cable Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . V:51

VII. Traffic Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:1Ch. 70. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . VII:3

Div. 1. Traffic-Control Devices . . . . . . . . . . . . . . . . . . . VII:8Ch. 71. Traffic Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:13

Div. 1. Passing Generally . . . . . . . . . . . . . . . . . . . . . . . VII:14Div. 2. Turns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:17Div. 3. Right-of-Way; Stopping . . . . . . . . . . . . . . . . . . . VII:18Div. 4. Stopping; Standing; Parking . . . . . . . . . . . . . . VII:19Div. 5. Emergency Vehicles . . . . . . . . . . . . . . . . . . . . . . VII:21Div. 6. Railroad Crossings . . . . . . . . . . . . . . . . . . . . . . . VII:21Div. 7. Railroads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:23Div. 8. School Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:23Div. 9. Processions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:24Div. 10. Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:25Div. 11. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:25

Ch. 72. Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:29Div. 1. Accidents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:29Div. 2. Speed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:32Div. 3. Driving While Intoxicated . . . . . . . . . . . . . . . . VII:35Div. 4. Driving While License Impounded or Sus-

pended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII:41

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Div. 5. Prohibition of Consumption of Alcoholic Bev-erages While Driving. . . . . . . . . . . . . . . . . . . . . VII:42

Div. 6. Passenger Restraint Systems . . . . . . . . . . . . . VII:43Div. 7. Passenger Restraint Systems for Children . VII:44

TABLE OF CONTENTS—Cont’d.

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Supp. No. 13

Checklist of Up-to-Date Pages

(This checklist will be updated with the

printing of each Supplement)

From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error.

The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page.

In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page.

In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements.

Page No. Supp. No. Title page OC iii OC vii, viii OC ix, x OC xi, xii OC xiii, xiv OC xv, xvi OC xvii OC xix, xx 13 xx.i 13 xxi, xxii 12 xxiii, xxiv 12 SH:1 13 I:1 OC I:3, I:4 OC I:5 OC I:7 OC I:9 OC III:1 11 III:3, III:4 OC III:5, III:6 OC

Page No. Supp. No. III:7, III:8 11 III:9, III:10 OC III:11, III:12 OC III:13, III:14 OC III:15, III:16 OC III:17, III:18 OC III:19, III:20 12 III:20.1 12 III:21, III:22 OC III:23, III:24 12 III:25, III:26 12 III:27, III:28 OC III:29, III:30 10 III:30.1 10 III:31, III:32 OC III:33, III:34 OC III:35, III:36 OC III:37, III:38 OC III:39, III:40 7 III:41, III:42 7 III:43, 7

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Page No. Supp. No. III:44.1, III:44.2 10 III:45, III:46 12 III:47, III:48 12 III:48.1 12 III:49, III:50 OC III:51, III:52 OC III:53, III:54 OC III:55 OC III:57 OC III:59, III:60 OC III:61 OC III:63, III:64 11 III:65, III:66 11 V:1 OC V:3, V:4 OC V:5, V:6 OC V:7, V:8 OC V:9, V:10 OC V:11, V:12 OC V:13 OC V:15, V:16 OC V:17, V:18 OC V:19, V:20 OC V:21 OC V:23, V:24 13 V:25, V:26 13 V:27, V:28 13 V:29, V:30 13 V:31, V:32 13 V:33, V:34 13 V:35, V:36 13 V:37, V:38 13 V:39, V:40 13 V:41, V:42 13 V:43, V:44 13 V:45, V:46 13 V:47, V:48 13 V:49, V:50 13

Page No. Supp. No. V:50.1, V:50.2 13 V:50.3, V:50.4 13 V:50.5, V:50.6 13 V:50.7, V:50.8 13 V:50.9, V:50.10 13 V:51, V:52 1 VII:1 12 VII:3, VII:4 OC VII:5, VII:6 OC VII:7, VII:8 OC VII:9, VII:10 OC VII:11, VII:12 6 VII:13, VII:14 OC VII:15, VII:16 OC VII:17, VII:18 OC VII:19, VII:20 OC VII:21, VII:22 OC VII:23, VII:24 OC VII:25, VII:26 OC VII:27 OC VII:29, VII:30 OC VII:31, VII:32 OC VII:33, VII:34 OC VII:35, VII:36 OC VII:37, VII:38 OC VII:39, VII:40 OC VII:41, VII:42 OC VII:43, VII:44 OC VII:45 OC VII:47, VII:48 OC VII:49, VII:50 OC VII:51, VII:52 OC VII:53, VII:54 OC VII:55, VII:56 OC VII:57, VII:58 OC VII:59, VII:60 OC VII:61, VII:62 OC VII:63, VII:64 OC

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Page No. Supp. No. VII:65, VII:66 OC VII:67, VII:68 12 VII:69, VII:70 OC VII:71 OC VII:73 OC VII:75, VII:76 1 VII:77, VII:78 OC VII:79, VII:80 5 VII:80.1 5 VII:81, VII:82 1 VII:83, VII:84 1 VII:84.1 1 VII:85, VII:86 OC VII:87 5 VII:89, VII:90 OC VII:91, VII:92 OC VII:93, VII:94 OC VII:95, VII:96 OC VII:97 OC VII:99, VII:100 2 VII:103, VII:104 OC VII:105, VII:106 OC VII:107, VII:108 OC VII:109, VII:110 OC VII:111, VII:112 OC VII:113, VII:114 1 VII:115, VII:116 OC VII:117, VII:118 OC VII:119, VII:120 OC VII:121, VII:122 OC VII:123, VII:124 OC VII:125, VII:126 OC VII:127, VII:128 OC VII:129, VII:130 OC VII:131, VII:132 OC VII:133, VII:134 OC VII:135, VII:136 OC VII:137, VII:138 OC

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SUPPLEMENT HISTORY TABLE

The table below allows users of this Code to quickly and accurately determine what ordinances havebeen considered for codification in each supplement. Ordinances that are of a general and permanentnature are codified in the Code and are considered "Included." Ordinances that are not of a general andpermanent nature are not codified in the Code and are considered "Omitted."

In addition, by adding to this table with each supplement, users of this Code of Ordinances will be ableto gain a more complete picture of the Code's historical evolution.

Ord. No.Date

AdoptedIncluded/Omitted Supp. No.

1-11 2- 7-11 Included Supp. No. 136-11 5- 2-11 Included Supp. No. 13

SH:1Supp. No. 13

CHAPTER 53. WASTEWATERTREATMENT*

Division 1. In General

Sec. 53.01. Definitions.Sec. 53.02. Abbreviations.Sec. 53.03. Administration.Sec. 53.04. Prohibited discharge standards.Sec. 53.05. Federal categorical pretreatment standards.Sec. 53.06. State requirements.Sec. 53.07. Specific pollutant limitations.Sec. 53.08. Sanitary district right of revision.Sec. 53.09. Special agreements.Sec. 53.10. Dilution.Secs. 53.11—53.15. Reserved.

Division 2. Pretreatment

Sec. 53.16. Facilities required, when.Sec. 53.17. Accidental discharge/slug control plans.Sec. 53.18. Tenant responsibility.Sec. 53.19. Hauled wastewater.Sec. 53.20. Underground storage tank wastewater.Sec. 53.21. Vandalism of equipment, etc.Secs. 53.22—53.25. Reserved.

Division 3. Permits

Sec. 53.26. Wastewater survey.Sec. 53.27. Permit requirements.Sec. 53.28. Existing connections.Sec. 53.29. New connections.Sec. 53.30. General permits.Sec. 53.31. Extra jurisdictional industrial users.Sec. 53.32. Content of applications.Sec. 53.33. Application signatories and certification.Sec. 53.34. Permit decisions.Sec. 53.35. Permit duration.Sec. 53.36. Permit contents.Sec. 53.37. Permit appeals.Sec. 53.38. Permit modification.Sec. 53.39. Transfer of permit.Sec. 53.40. Revocation of permit.Sec. 53.41. Permit reissuance.Sec. 53.42. Regulation of waste received from other juris-

dictions.

Division 4. Compliance Monitoring and Reporting

Sec. 53.43. Baseline monitoring reports.Sec. 53.44. Compliance schedule progress report.Sec. 53.45. Compliance monitoring and reporting.Sec. 53.46. Periodic compliance reports.

Sec. 53.47. Report of changed conditions.Sec. 53.48. Reports of potential problems.Sec. 53.49. Reports from non-permitted industrial users.Sec. 53.50. Notice of violation/repeat sampling and report-

ing.Sec. 53.51. Notification of the discharge of hazardous

waste.Sec. 53.52. Analytical requirements.Sec. 53.53. Sample collection.Sec. 53.54. Determination of noncompliance.Sec. 53.55. Timing.Sec. 53.56. Record keeping.Sec. 53.57. Inspection and sampling.Sec. 53.58. Search warrants.Sec. 53.59. Confidential information.Sec. 53.60. Publication of users in significant noncompli-

ance.

Division 5. FOG Pretreatment Program Requirements forFood Service Establishments

Sec. 53.61. FOG pretreatment.Sec. 53.62. FOG pretreatment system requirements.Sec. 53.63. Alternate FOG pretreatment programs.Sec. 53.64. Pretreatment equipment maintenance.Sec. 53.65. Discharge limits.Sec. 53.66. Applications.Sec. 53.67. Significant changes in facility operation.Sec. 53.68. Facility closure.Secs. 53.69, 53.70. Reserved.

Division 7. Enforcement

Sec. 53.71. Enforcement Response Guide (ERG).Sec. 53.72. Notification of violation.Sec. 53.73. Consent orders.Sec. 53.74. Show cause hearing.Sec. 53.75. Compliance orders.Sec. 53.76. Cease and desist orders.Sec. 53.77. Administrative fines.Sec. 53.78. Emergency suspensions.Sec. 53.79. Termination of discharge.Sec. 53.80. Appeals.Sec. 53.81. Injunctive relief.Sec. 53.82. Civil penalties.Sec. 53.83. Remedies nonexclusive.Sec. 53.84. Liability insurance.

Division 7. Affirmative Defenses to Discharge Violations

Sec. 53.85. Upset.Sec. 53.86. General/specific prohibitions.Sec. 53.87. Bypass.

Division 8. Rates and Charges

Sec. 53.88. Metered water supply.Sec. 53.89. Metering of volume and diversions.Sec. 53.90. Estimated volume.Sec. 53.91. Surcharge costs.

*Editor’s note—Ord. No. 1-11, § 1(Exh. A), adopted Feb.7, 2011, amended and restated former Ch. 53, Divs. 1—7, in itsentirety. Former Ch. 53 pertained to similar subject matterand derived from Ord. No. 70-95, §§ 1—16, adopted Dec. 11,1995.

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V:23Supp. No. 13

Sec. 53.92. Damage to facilities.

DIVISION 1. IN GENERAL

Sec. 53.01. Definitions.

Unless a provision explicitly states otherwise,the following terms and phrases, as used in thischapter, shall have the meanings hereinafter des-ignated.

Act or the Act. The Federal Water PollutionControl Act, also known as the Clean Water Act,as amended, 33 U.S.C. 1251 et seq.

Approval authority. The State of Indiana and/orUS EPA, Region V.

Authorized representative of the industrial user.

(1) If the IU (industrial user) is a corporation,authorized representative shall mean:

(a) The president, secretary, treasurer,or a vice-president of the corporationin charge of a principal businessfunction, or any other person whoperforms similar policy or decision-making functions for the corpora-tion; and/or

(b) The manager of one or more manu-facturing, production, or operationfacilities, provided the manager isauthorized to make management de-cisions that govern the operation ofthe regulated facility including theexplicit or implicit duty of: makingmajor capital investment recommen-dations, implementing other compre-hensive measures to assure long-term environmental compliance withenvironmental laws and regulations,ensuring that the necessary systemsare established or actions taken togather complete and accurate infor-mation for individual wastewater dis-charge permit or general permit re-quirements, and where authority tosign documents has been assigned ordelegated to the manager in accor-dance with corporate procedures.

(2) If the IU is a partnership, or sole propri-etorship, an authorized representative shallmean a general partner or proprietor,respectively;

(3) If the IU is a federal, state or local gov-ernmental facility, an authorized repre-sentative shall mean a director or highestofficial appointed or designated to overseethe operation and performance of the ac-tivities of the government facility, or his/her designee;

(4) The individuals described in paragraphs(1) through (3) above may designate an-other authorized representative if the au-thorization is in writing, the authoriza-tion specifies the individual or positionresponsible for the overall operation ofthe facility from which the discharge orig-inates or having overall responsibility forenvironmental matters for the company,and the written authorization is submit-ted to the director of the bureau of waterquality.

Biochemical Oxygen Demand (BOD). The quan-tity of oxygen utilized in the biochemical oxida-tion of organize matter under standard laboratoryprocedure, five days at 20° centigrade expressedin terms of mass and concentration (mg/l).

Best Management Practices or BMPs. Sched-ules of activities, prohibitions of practices, main-tenance procedures, and other management prac-tices to implement the prohibitions listed in section53.04(A) and (B) of this chapter and from 40 CFR403.5(a)(1) and (b). BMPs include treatment re-quirements, operating procedures, and practicesto control plant site runoff, spillage, leaks, sludgeor waste disposal, or drainage from raw materialsstorage. BMPs can also include alternative means(i.e., management plans) of complying with, or inplace of, certain established pretreatment stan-dards and effluent limits.

Board of sanitary commissioners. The board ofsanitary commissioners of the Muncie SanitaryDistrict.

Bureau or BWQ The bureau of water quality ofthe Muncie Sanitary District.

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V:24Supp. No. 13

Bypass. The intentional diversion ofwastestreams from any portion of the IU's treat-ment facility.

Categorical pretreatment standard or categori-cal standard. Any regulation containing pollutantdischarge limits promulgated by the U.S. EPA inaccordance with sections 307(b) and (c) of the Act(33 U.S.C. 1317) which apply to a specific cate-gory of IUs and which appear in 40 CFR chapterI, Subchapter N, Parts 405 through 471.

Categorical Industrial User (CIU). An IU sub-ject to a categorical pretreatment standard orcategorical standard.

Chemical Oxygen Demand (COD). A measureof the oxygen required to oxidize all compounds,both organic and inorganic, in water.

Color. The optical density at the visual wavelength of maximum absorption, relative to dis-tilled water. One hundred percent transmittanceis equivalent to zero (0.0) optical density.

Composite sample. A sample which results fromthe combination of multiple aliquots taken man-ually or automatically, either discretely or contin-uously, at selected intervals, using either flow-proportional or time-proportional methods. Ifdiscrete sampling is employed a minimum of 12aliquots should be composited. It is recommendedthat influent and effluent operational data beobtained through 24-hour flow proportional com-posite samples only. When flow-proportional meth-ods are not practicable the director must firstgrant permission to utilize the alternative time-proportional methods. Composite samples shouldbe representative of the entire process flow.

Daily maximum. The arithmetic average of alleffluent samples for a pollutant collected during acalendar day.

Daily maximum allowable discharge limit. Themaximum concentration (or loading) of a pollut-ant allowed to be discharged during a calendarday, determined from the analysis of any discreteor composited sample collected, independent ofthe industrial flow rate and the duration of thesampling event. Where daily maximum limits areexpressed in units of mass, the daily discharge isthe total mass discharged over a course of the day.

Where daily maximum limits are expressed interms of a concentration, the daily discharge isthe arithmetic average of the pollutant concentra-tion derived from all measurements taken thatday.

Director. The person hired by the board ofsanitary commissioners to supervise the opera-tion of the bureau of water quality, and who ischarged with certain duties and responsibilitiesby this chapter or his duly authorized represen-tative.

Disposal facility. A facility at which liquidwaste, including, but not limited to, grease inter-ceptor/trap waste, grit interceptor waste, andsewage is received, processed, or treated in amanner compliant with all applicable federal,state, and local regulations.

Environmental Protection Agency or EPA. TheU.S. Environmental Protection Agency or, whereappropriate, the term may also be used as adesignation for the regional water managementdivision director or other duly authorized officialof said agency.

Existing source. Any source of discharge, theconstruction or operation of which commencedprior to the publication of proposed categoricalpretreatment standards which will be applicableto such source if the standard is thereafter pro-mulgated in accordance with section 307 of theact.

FOG (Fats, oils, and grease). Any fats, oils, andgrease generated from the food preparation pro-cess as identified by the most current EPA methodas listed in 40 CFR Part 136.3.

FOG disposal facility. A publicly owned treat-ment works or privately owned treatment worksthat is certified, licensed, or permitted by theIndiana Department of Environmental Manage-ment (or comparable state agency if taken out ofstate) and/or the EPA, for the separation anddisposal of FOG by incineration or other methodsfrom the wastewater of a facility.

FOG enforcement response guide (ERG). Thepolicy that contains detailed procedures indicat-

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V:25Supp. No. 13

ing how the bureau will investigate and respondto instances of noncompliance with the FOG Pre-treatment Ordinance.

FOG interceptor or grease interceptor. A passivetank installed outside a building and designed toremove fats, oil, and grease from flowing waste-water while allowing wastewater to flow throughit, and as further defined herein.

FOG recovery unit. All active indoor mechani-cal systems designed to remove fats, oil, andgrease by physical separation from flowing waste-water, as further defined herein.

FOG pretreatment system. Refers to properlyinstalled and operated FOG interceptors, FOGrecovery units, and other alternate systems asapproved by the director of the bureau of waterquality.

Food service establishments. Those industrialusers primarily engaged in activities of prepar-ing, serving, or otherwise making foodstuffs avail-able for consumption, and that use one or more ofthe following preparation activities: cooking byfrying (all methods), baking (all methods), grill-ing, sautéing, rotisserie cooking, broiling (all meth-ods), boiling, blanching, roasting, toasting, orpoaching. Also included are infrared heating, sear-ing, barbecuing, and any other food preparationactivity that produces a hot, non-drinkable foodproduct in or on a receptacle that requires wash-ing. Also included are non-cooking facilities and/orthose establishments that engage in the prepara-tion of precooked and frozen food materials andmeat cutting preparation and applicable to allfood service establishments that discharge waste-water containing fats, oils, or grease to the Munciewater pollution control facility including but notlimited to the following: restaurants, grocery stores,meat markets, hotels, factory and office buildingcafeterias, public and private schools, hospitals,nursing homes, commercial day care centers,churches, and catering services.

Grab sample. An individual sample taken froma waste stream on a one time basis withoutregard to flow collected over a period of time notto exceeding 15 minutes.

Indirect discharge or discharge. The introduc-tion of (nondomestic) pollutants into the POTWfrom any nondomestic source regulated undersection 307(b), (c) or (d) of the Act.

Industrial user or user (IU). A source of indirectdischarge, including food service establishments.

Instantaneous limit. The maximum concentra-tion of a pollutant allowed to be discharged at anytime, determined from the analysis of any dis-crete or composited sample collected, independentof the industrial flow rate and the duration of thesampling event.

Interference. A discharge which alone or inconjunction with a discharge or discharges fromother sources inhibits or disrupts the POTW, itstreatment processes, operations, sludge pro-cesses, or the use or disposal of sludge; andtherefore, is a cause of a violation of the MuncieSanitary District's NPDES permit or of the pre-vention of sewage sludge use or disposal in com-pliance with any of the following statutory/regulatory provisions or permits issued thereunder(or more stringent state or local regulations):Section 405 of the Clean Water Act; the SolidWaste Disposal Act (SWDA), including Title IIcommonly referred to as the Resource Conserva-tion and Recovery Act (RCRA); any state regula-tions contained in any state sludge managementplan prepared pursuant to Subtitle D of theSWDA; the Clean Air Act; the Toxic SubstancesControl Act; and the Marine Protection, Researchand Sanctuaries Act.

Local limit. Specific discharge limits developedand enforced by the bureau upon industrial orcommercial facilities to implement the generaland specific discharge prohibitions listed in 40CFR 403.5(a)(1) and (b).

May. Precedes an action that is permissive ordiscretionary. The use of the singular form shallbe construed to include the plural and the pluralshall include the singular as indicated by thecontext of its use.

Medical waste. Isolation wastes, infectiousagents, human blood and blood products, patho-logical wastes, sharps, body parts, contaminatedbedding, surgical wastes, potentially contami-nated laboratory wastes, and dialysis wastes.


V:26Supp. No. 13

Monthly average. The sum of all "daily dis-charges" measured during a calendar month di-vided by the number of "daily discharges" mea-sured during that month.

Monthly average limit. The highest allowableaverage of daily discharges over a calendar month,calculated as the sum of all daily dischargesmeasured during a calendar month divided by thenumber of daily discharges measured during thatmonth.

MSD. The Muncie Sanitary District of Muncie,Indiana.

MWPCF. The Muncie Water Pollution ControlFacility; Muncie's publicly owned treatment works.

New source.

(1) Any building, structure, facility or instal-lation from which there is or may be adischarge of pollutants, the constructionof which commenced after the publicationof proposed pretreatment standards un-der section 307(c) of the Act which will beapplicable to such source if such stan-dards are thereafter promulgated in ac-cordance with that section, provided that:

(a) The building, structure, facility orinstallation is constructed at a siteat which no other source is located;or

(b) The building, structure, facility orinstallation totally replaces the pro-cess or production equipment thatcauses the discharge of pollutants atan existing source; or

(c) The production or wastewater gen-erating processes of the building,structure, facility or installation aresubstantially independent of an ex-isting source at the same site. Indetermining whether these are sub-stantially independent, factors suchas the extent to which the new facil-ity if integrated with the existingplant, and the extent to which thenew facility is engaged in the samegeneral type of activity as the exist-ing source, should be considered.

(2) Construction on a site at which an exist-ing source is located results in a modifi-cation rather than a new source if theconstruction does not create a new build-ing, structure, facility or installation meet-ing the criteria of subsection (1) (b) or (c)above but otherwise alters, replaces, oradds to existing process or productionequipment.

(3) Construction of a new source as definedunder this paragraph has commenced ifthe owner or operator has:

(a) Begun, or caused to begin as part ofa continuous onsite construction pro-gram:

(i) Any placement, assembly, in-stallation of facilities or equip-ment; or

(ii) Significant site preparationwork including clearing, exca-vation, or removal of existingbuildings, structures, or facili-ties which is necessary for theplacement, assembly, or instal-lation of new source facilities orequipment; or

(b) Entered into a binding contractualobligation for the purchase of facili-ties or equipment which are in-tended to be used in its operationwithin a reasonable time. Options topurchase or contracts which can beterminated or modified without sub-stantial loss, and contracts for feasi-bility, engineering, and design stud-ies do not constitute a contractualobligation under this paragraph.

Noncontact cooling water. Water used for cool-ing which does not come into direct contact withany raw material intermediate product, wasteproduct, or finished product.

Non-cooking facilities. Facilities primarily en-gaged in the preparation of precooked foodstuffsthat do not include any form of cooking. Theseinclude cold dairy and frozen foodstuffs prepara-tion and serving facilities.


V:27Supp. No. 13

Non-renderable FOG. Fats, oils, and greasesgenerated from food preparation processes thathave been contaminated during the food prepara-tion process thereby prohibiting this materialfrom being rendered.

Pass-through. Adischarge which exits the POTWinto waters of the U.S. in quantities or concentra-tions which, alone or in conjunction with a dis-charge or discharges from other sources, is acause of a violation of any requirements of theMuncie Sanitary District's NPDES permit (includ-ing an increase in the magnitude or duration of aviolation).

Person. Any individual, partnership, copartner-ship, firm, company, corporation, association, jointstock company, trust, estate, governmental entityor any other legal entity, or their legal represen-tatives, agents or assigns. This definition includesall federal, state or local governmental entities.

pH. A measure of the acidity or alkalinity of asubstance, expressed in standard units.

Polar grease. Animal or vegetable-based grease,commonly produced at food service establish-ments and commonly categorized as FOG.

Pollutant. Any dredged spoil, solid waste, in-cinerator residue, sewage, garbage, sewage sludge,munitions, medical wastes, chemical wastes, in-dustrial wastes, biological materials, radioactivematerials (except those regulated under the AtomicEnergy Act of 1954, as amended (42 U.S.C. 2011et seq.)), heat, wrecked or discharged equipment,rock, sand, cellar dirt, agricultural and industrialwastes discharged into the water [40 CFR 122.2].

Pretreatment. The reduction, elimination, oralteration of the amount or nature of pollutants inwastewater, prior to, or in lieu of, introducingsuch pollutants into the POTW. This reduction oralteration can be obtained by physical, chemicalor biological processes, by process changes, or byother means, except by diluting the concentrationof the pollutants unless allowed by an applicablepretreatment standard.

Pretreatment requirements. Any substantive orprocedural requirement related to pretreatmentimposed on an IU, other than a pretreatmentstandard.

Pretreatment standards or standards. Prohibi-tive discharge standards, categorical pretreat-ment standards, and local limits.

Prohibited discharge standards or prohibiteddischarges. Absolute prohibitions against the dis-charge of certain substances, these prohibitionsappear in section 53.04 of this chapter.

Publicly owned treatment works or POTW. A"treatment works" as defined by section 53.01[212] of the Act (33 U.S.C. 1292), which is ownedby the state, municipality, or sanitary district.This definition includes any devices or systemsused in the collection, storage, treatment, recy-cling, and reclamation of sewage or industrialwastes and any conveyances which convey waste-water to a treatment plant. The term also meansthe municipal entity having jurisdiction over theIUs and responsibility for the operation and main-tenance of the treatment works.

Reasonable hours. Any time during which afacility is open for business to the public. It shallalso include those times when a facility is closedto the public when a manager, employees, and/orcontractors are present at the facility and in-volved in cleanup or food preparation, or anyother business activity.

Renderable FOG. Uncontaminated fats, oils,and grease from the food preparation process thatcan be used as a source of material that is free ofimpurities and can be recycled into products suchas animal feed and cosmetics.

Renderable FOG container. A closed, leak-proofcontainer for the collection and storage of foodgrade fats, oil and grease.

Sanitary district. The Muncie Sanitary Districtof Muncie, Indiana.

Septic tank waste. Any sewage from holdingtanks such as vessels, chemical toilets, campers,trailers, and septic tanks.

Severe property damage. Substantial physicaldamage to property, damage to treatment facili-ties which causes them to become inoperable, orsubstantial and permanent loss of natural re-sources which can reasonably be expected to occur


V:28Supp. No. 13

in the absence of a bypass. Severe property dam-age does not mean economic loss caused by delaysin production.

Sewage. Human excrement and gray water(household showers, dishwashing operations, etc.)

Shall. Precedes an action that is mandatory.The use of the singular form shall be construed toinclude the plural, and the plural shall includethe singular as indicated by the context of its use.

Significant industrial user (SIU). Except asprovided in paragraphs (3) and (4) shall apply to:

(1) Industrial users subject to categorical pre-treatment standards; or

(2) Any other IU that:

(a) Discharges an average of 25,000 gpdor more of process wastewater,

(b) Contributes a process wastestreamwhich makes up five percent or moreof the average dry weather hydraulicor organic capacity of the treatmentplant, or

(c) Is designated as significant by thebureau on the basis that the IU hasa reasonable potential for adverselyaffecting the POTW's operation orviolating any Pretreatment Stan-dard or requirement.

(3) The bureau may determine that an IUsubject to categorical pretreatment stan-dards is a non-significant categorical in-dustrial user rather than a SIU on afinding that the IU never discharges morethan 100 gallons per day (gpd) of totalcategorical wastewater (excluding sani-tary, non-contact cooling and boiler blow-down wastewater, unless specifically in-cluded in the pretreatment standard) andthe following conditions are met:

(a) The IU, prior to the bureau's finding,has consistently complied with allapplicable categorical pretreatmentstandards and requirements;

(b) The IU annually submits the certifi-cation statement required in section

53.33(B), together with any addi-tional information necessary to sup-port the certifícate statement; and

(c) The IU never discharges any un-treated concentrated wastewater.

(4) Upon a finding that an IU meeting thecriteria in subsection (2) of this part hasno reasonable potential for adversely af-fecting the POTW's operation or for vio-lating any pretreatment standard or re-quirement, the bureau may at any time,on its own initiative or in response to apetition received from the IU, and inaccordance with procedures in 40 CFR403.8(f)(6), determine that such Usershould not be considered a SIU.

Standard Industrial Classification (SIC) Code.A classification pursuant to the Standard Indus-trial Classification Manual issued by the U.S.Office of Management and Budget.

Stormwater. Any flow during, following, or re-sulting from any form of natural precipitation,including snowmelt.

Superintendent. The person hired by the boardof sanitary commissioners to supervise the oper-ation of the POTW.

Suspended solids. The total suspended matterthat floats on the surface of, or is suspended in,water, wastewater, or other liquid, and which isremovable by laboratory filtering.

Total petroleum hydrocarbons (TPH) oil andgrease. Petroleum or mineral oil products.

Toxic pollutant. One of 126 pollutants, or com-bination of those pollutants, listed as toxic inregulations promulgated by the EPA under theprovision of section 307 (33 U.S.C. 1317) of theact.

Treatment plant effluent. Any discharge of pol-lutants from the Muncie POTW into waters of theState of Indiana.

Wastewater. Liquid and water-carried indus-trial wastes, and sewage from residential dwell-ings, commercial buildings, industrial and manu-


V:29Supp. No. 13

facturing facilities, and institutions, whethertreated or untreated, which are contributed to thePOTW.

Wastewater treatment plant or treatment plant.That portion of the POTW designed to providetreatment of sewage and industrial waste.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.02. Abbreviations.

The following abbreviations shall have the des-ignated meanings:

BMP Best management practice

BOD Biochemical oxygen demand

CFR Code of Federal Regulations

CIU Categorical Industrial User

COD Chemical oxygen demand

EPA U.S. Environmental ProtectionAgency

ERG Enforcement response guide

FOG Fats, olis and grease

FSE Food service establishments

gpd gallons per day

IU Industrial user

L Liter

mg Milligrams

mg/L Milligrams per liter

NPDES National pollutant discharge elim-ination system

NSCIU Nonsignificant categorical indus-trial user

O&M Operation and maintenance

POTW Publicly owned treatment works

RCRA Resource Conservation and Recov-ery Act

SIC Standard industrial classifications

SNC Significant noncompliance

SWDA Solid Waste Disposal Act (42 U.S.C.67901, et seq.)

TSS Total suspended solids

USC United States Code

ug or µg Micrograms

ug/L or µg/l Micrograms per liter(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.03. Administration.

Except as otherwise provided herein, the direc-tor of the bureau of water quality, Muncie Sani-tary District shall administer, implement andenforce the provisions of this chapter. Any powersgranted to or duties imposed upon the directormay be delegated by the director to other bureaupersonnel.(Ord. No. 7-95, § 1.2, 12-11-95)

Sec. 53.04. Prohibited discharge standards.

No industrial user shall introduce or cause tobe introduced into the POTW any pollutant orwastewater which causes pass through or inter-ference. These general prohibitions apply to allindustrial users of the POTW whether or not theyare subject to categorical pretreatment standardsor any other national, state or local pretreatmentstandards or any other national, state or localpretreatment standards or requirement. Further-more, no industrial user may contribute the fol-lowing substances to the POTW:

(A) Pollutants which create a fire or explosivehazard in the municipal wastewater col-lection and POTW, including, but not lim-ited to, wastestreams with a closed-cupflashpoint of less than 140 degrees Fahr-enheit (60°C) using the test methods spec-ified in 40 CFR 261.21.

(B) Any wastewater having a pH less than 5.0or more than 10.0, unless authorized bythe director, or otherwise causing corro-sive structural damage to the POTW orequipment, or endangering sanitary dis-trict personnel. No wastewater having apH of less than 5.0 shall be authorizedand no wastewater having a pH of morethan 12.5 shall be authorized, since thiswould be considered a hazardous wasteunder section 40 CFR 261.22 of the act.


V:30Supp. No. 13

(C) Solid or viscous substances in amountswhich will cause obstruction of the flow inthe POTW resulting in interference.

(D) Any wastewater containing pollutants, in-cluding oxygen demanding pollutants(BOD, etc.), released in a discharge at aflow rate and/or pollutant concentrationwhich, either singly or by interaction withother pollutants, will cause interferencewith either the POTW; or any wastewatertreatment or sludge process, or which willconstitute a hazard to humans or ani-mals.

(E) Any wastewater having a temperaturegreater than 150 degrees Fahrenheit(65.5°C), or which will inhibit biologicalactivity in the treatment plant resultingin interference, but in no case wastewaterwhich causes the temperature at the in-troduction into the treatment plant toexceed 104° Fahrenheit (40°C).

(F) Petroleum oil, nonbiodegradable cuttingoil, or products of mineral oil origin, inamounts that will cause interference orpass through.

(G) Any pollutants which result in the pres-ence of toxic gases, vapors or fumes withinthe POTW in a quantity that may causeacute worker health and safety problems.

(H) Any trucked or hauled pollutants, exceptat discharge points designated by the bu-reau in accordance with section 53.19.

(I) Any noxious or malodorous liquids, gases,solids, or other wastewater which, eithersingly or by interaction with other wastes,are sufficient to create a public nuisance,a hazard to life, or to prevent entry intothe sewers for maintenance and repair.

(J) Any wastewater which imparts color whichcannot be removed by the treatment pro-cess, such as, but not limited to, dyewastes and vegetable tanning solutions,which consequently imparts color to thetreatment plant's effluent thereby violat-ing the Muncie Sanitary District's NODESpermit. Color (in combination with turbid-ity) shall not cause the treatment plant

effluent to reduce the depth of the com-pensation point for photosynthetic activ-ity by more than ten percent from theseasonably established norm for aquaticlife.

(K) Any wastewater containing any radioac-tive wastes or isotopes except as specifi-cally approved by the director in compli-ance with applicable state or federalregulations.

(L) Subsurface drainage, condensate, deion-ized water, noncontact cooling water, andunpolluted industrial wastewater, unlessspecifically authorized by the director.

(M) Any sludges, or other residues from thepretreatment of industrial wastes.

(N) Any wastewater causing the treatmentplant's effluent to fail a toxicity test.

(O) Any wastes containing detergents, sur-face active agents, or other substanceswhich may cause excessive foaming in thePOTW.

(P) Obstruction of flow in a sewer system orinjury of the system, or a nuisance orprevention of the effective maintenance oroperation of the sewer system.

(Q) Any discharge of polar fats, oils, or greasesof animal or vegetable origin exceeding200 mg/l.

Wastes prohibited by this section shall not beprocessed or stored in such a manner that theycould be discharged to the POTW. All floor drainslocated in process or materials storage areas mustdischarge to the industrial user's pretreatmentfacility before connecting with the POTW.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.05. Federal categorical pretreatmentstandards.

The national categorical pretreatment stan-dards found at 40 CFR Chapter I, Subchapter N,Parts 405 through 471 are hereby incorporated.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


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Sec. 53.06. State requirements.

Indiana Industrial State Pretreatment Stan-dards are also incorporated into this chapter.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.07. Specific pollutant limitations.

The director is authorized to establish LocalLimits pursuant to 40 CFR 403.5(c). The follow-ing pollutant limits are established to protectagainst pass-through and interference. No personshall discharge wastewater containing in excessof the following maximum allowable dischargelimits and maximum monthly average limits.

PollutantMaximum for

Monthly AverageMaximum for any

one day

Cadmium 0.20 mg/L 0.60 mg/L

Chromium 2.0 mg/L 6.0 mg/L

Copper 2.0 mg/L 6.0 mg/L

Cyanide 1.0 mg/L 1.9 mg/L

Lead 2.0 mg/L 6.0 mg/L

Nickel 2.0 mg/L 6.0 mg/L

TPH Oil andGrease (See sec-tion 53.07(C))

NA 100 mg/L

Polar Oil andGrease

NA 200 mg/L

PCBs NA 0.009 mg/L

Silver NA 2.5 mg/L

Zinc 4.0 mg/L 12.0 mg/L

(A) Total toxic organics (TTO's) - Limits forparameters on the TTO list will be con-sidered on an individual case by casebasis, by the director, for those not regu-lated in the 40 CFR Regulations of the Actfor categorical and/or non-categorical in-dustries, considering such factors includ-ing, but not limited to concentration, flow,mass loading to the POTW, and otherconsiderations necessary to prevent pass-through and protect the POTW as setforth by the director.

(B) Any wastewater containing over 250 mg/Lof BOD or total suspended solids will besurcharged at the appropriate rate, by the

methods listed in section 53.89 or pre-treated to levels so as not to cause obstruc-tion to the sanitary sewer system, upsetsor overloading at the POTW. The sur-charge is not to be used as a substitute forfines issued for POTW upsets or overload-ing, or sanitary sewer obstruction.

(C) All concentrations for metallic substancesare for "total" metals unless indicatedotherwise.At the director's discretion, masslimitations in addition to, or in place of,the concentration-based limitations abovemay be applied.

(D) The director may develop best manage-ment practices (BMPs); by ordinance, inindividual wastewater discharge permits,or in general permits, to implement locallimits and the requirements of sections53.04 through 53.07 of this chapter.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.08. Sanitary district right of revi-sion.

The Muncie Sanitary District reserves the rightto establish, by ordinance, individual industrialwastewater discharge permits, or general permitsissued through the bureau of water quality, morestringent standards or requirements on dis-charges to the POTW if deemed necessary tocomply with the objectives of this chapter or thegeneral and specific prohibitions in sections 53.04through 53.07 of this ordinance and parametersnot listed in section 53.07.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.09. Special agreements.

The district, through the director of the bu-reau, reserves the right to enter into specialagreements with IUs setting out special termsunder which they may discharge to the POTW. Inno case will a special agreement waive compli-ance with a pretreatment standard or require-ment. However, the IU may request a net grossadjustment to a categorical standard in accor-dance with 40 CFR 403.15. The IU may alsorequest a variance from the categorical pretreat-ment standard from EPA. Such a request will beapproved only if the IU can prove that factors


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relating to its discharge are fundamentally differ-ent from the factors considered by EPA whenestablishing that pretreatment standard. An IUrequesting a fundamentally different factor vari-ance must comply with the procedural and sub-stantive provisions in 40 CFR 403.13.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.10. Dilution.

No IU shall ever increase the use of processwater or in any way attempt to dilute a discharge,as a partial or complete substitute for adequatetreatment to achieve compliance with a dischargelimitation unless expressly authorized by an ap-plicable pretreatment standard or requirement.The director may impose mass limitations on IUswhich are using dilution to meet applicable pre-treatment standards or requirements, or in othercases when the imposition of mass limitations isappropriate.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Secs. 53.11—53.15. Reserved.

DIVISION 2. PRETREATMENT

Sec. 53.16. Facilities required, when.

Industrial users shall provide necessary waste-water treatment as required to comply with thischapter and shall achieve compliance with allcategorical pretreatment standards, local limitsand the prohibitions set out in section 53.04within the time limitations specified by the EPA,the state, or the director, whichever is morestringent. Any facilities required to pretreat waste-water to a level acceptable to the bureau shall beprovided, operated and maintained at the IU'sexpense. Detailed plans showing the pretreat-ment facilities and operating procedures shall besubmitted to the director for review, and shall beacceptable to the director before construction ofthe facility. The review of such plans and operat-ing procedures will in no way relieve the IU fromthe responsibility of modifying the facility asnecessary to produce an acceptable discharge tothe bureau under the provisions of this chapter.The director shall be notified 48 hours prior tostart-up of new or modified wastewater pretreat-

ment facilities. Any subsequent changes in thewastewater pretreatment facilities or method ofoperation shall be reported to and be acceptable tothe director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.17. Accidental discharge/slug con-trol plans.

The director may require any IU to develop andimplement an accidental discharge/slug controlplan. The director shall evaluate whether eachSIU needs an accidental discharge/slug dischargecontrol plan or other action to control slug dis-charges. Any IU required to develop and imple-ment an accidental discharge/control slug planshall submit a plan which addresses, at a mini-mum, the following:

(A) Description of discharge practices, includ-ing nonroutine batch discharges.

(B) Description of stored chemicals.

(C) Procedures for immediately notifying thePOTW of any accidental or slug dis-charge, as required by section 53.48 ofthis chapter. Such notification must alsobe given for any discharge which wouldviolate any of the general or specific pro-hibited discharges in section 53.04 through53.07 of this chapter.

(D) Procedures to prevent adverse impact fromany accidental or slug discharge. Suchprocedures include, but are not limited to,inspection and maintenance of storageareas, handling and transfer of materials,loading and unloading operations, controlof plant site run-off, worker training, build-ing of containment structures or equip-ment, measures for containing toxic or-ganic pollutants (including solvents), and/ormeasures and equipment for emergencyresponse.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.18. Tenant responsibility.

Where an owner of property leases premises toany other person as a tenant under any rental orlease agreement, if either the owner or the tenant


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is an IU, either or both may be held responsiblefor compliance with the provisions of this chapter.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.19. Hauled wastewater.

(A) Septic tank waste may be accepted into thePOTW at a designated receiving structure withinthe treatment plant area, and at such times asare established by the superintendent, providedsuch wastes do not violate section 53.04 through53.10 of this chapter or any other requirementsestablished or adopted by the Muncie SanitaryDistrict.

(B) The discharge of hauled industrial wastesand/or wastewater as industrial septage requiresprior approval and a wastewater discharge per-mit from the bureau.

(1) The director shall have authority to pro-hibit the disposal of such wastes, if suchdisposal would interfere with the treat-ment plant operation or cause pass-throughof the POTW or adversely affect the qual-ity of the POTW sludge. Waste haulersare subject to all other sections of thischapter.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.20. Underground storage tank waste-water.

Wastewater from contaminated undergroundstorage tank sites within the legal boundaries ofthe Muncie Sanitary District and/or from extra-jurisdictional users may be discharged to thePOTW only when and if a permit application, asprescribed by the director, is applied for, and aspecial "underground storage tank wastewaterdischarge permit", as prescribed by the director, isissued to the owner and or tenant of the propertyat which the contaminated wastewater is gener-ated. Whenever deemed necessary by the director,users may be required to restrict their dischargeduring peak flows, designate that certain waste-waters be discharged only into specific sewers,relocate and/or consolidate points of discharge,separate sewage wastewaters from contaminatedwastewaters, and/or implement other such condi-tions as may be necessary to protect the POTWand determine the User's compliance with the

requirements of this chapter. All other aspects ofthis chapter will simultaneously be in force forthese permits.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.21. Vandalism of equipment, etc.

No person shall maliciously, willfully or negli-gently break, damage, destroy, uncover, deface,tamper with or prevent access to any structure,appurtenance or equipment, or other part of bu-reau property, i.e. (automatic samplers and otherfield equipment). Any person found in violation ofthis requirement shall be subject to the sanctionsset out in sections 53.61 through 53.74.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Secs. 53.22—53.25. Reserved.

DIVISION 3. PERMITS

Sec. 53.26. Wastewater survey.

When requested by the director, all IUs mustsubmit information on the nature and character-istics of their wastewater by completing a waste-water survey prior to commencing their dis-charge. The director is authorized to prepare aform for this purpose and may periodically re-quire IUs to update the survey. Failure to com-plete this survey shall be reasonable grounds forterminating service to the IU and shall be consid-ered a violation of this chapter.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.27. Permit requirements.

(A) It shall be unlawful for any SIU to dis-charge wastewater into the Muncie Sanitary Dis-trict's POTW without first obtaining an individ-ual wastewater discharge permit or a generalpermit from the director. Any violation of theterms and conditions of an individual wastewaterdischarge permit or general permit shall be deemeda violation of this chapter and subjects the waste-water discharge permittee to the sanctions set outin Division 6 of this chapter. Obtaining an indi-vidual wastewater discharge permit or a generalpermit does not relieve a permittee of its obliga-tion to comply with all federal and state Pretreat-


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ment Standards or requirements or with anyother requirements of federal, state and local law.

(B) The director may require other IUs, includ-ing liquid waste haulers, to obtain individualwastewater discharge permits or general permitsas necessary to carry out the purposes of thischapter.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.28. Existing connections.

Any SIU which discharges industrial wasteinto the POTW prior to the effective date of theordinance from which this chapter derives andwho wishes to continue such discharges in thefuture, shall, within 90 days after said date, applyto the bureau for an individual wastewater dis-charge permit or general permit, in accordancewith section 53.32, and shall not cause or allowdischarges to the POTW to continue after 180days of the effective date of this chapter except inaccordance with an individual wastewater dis-charge permit or general permit issued by thedirector, or in the case a valid permit exists anddoes not violate any part of this chapter, shall nothave to re-apply until the permit expiration date.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.29. New connections.

Any SIU proposing to begin or recommencedischarging industrial wastes into the POTWmust obtain an individual wastewater dischargepermit or general permit prior to the beginning orrecommencing of such discharge. An applicationfor this individual wastewater discharge permitor general permit must be filed, in accordancewith section 53.32 at least 60 days prior to thedate upon which any discharge will begin orrecommence.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.30. General permits.

(A) At the discretion of the director, generalpermits may be used to control a group of IUdischarges to the POTW if any of the followingconditions are met. Facilities grouped by a gen-eral permit must:

(1) Involve the same or substantially similartypes of operations;

(2) Discharge the same type of wastes;

(3) Require the same effluent limitations;

(4) Require the same or similar monitoring;or

(5) In the opinion of the director, are moreappropriately controlled under a generalpermit than under an individual waste-water discharge permits.

(B) To be covered by the general permit, theSIU must file a written request for coverage thatidentifies its contact information, production pro-cesses, types of wastes generated, the location formonitoring all wastes covered by the generalpermit, any requests in accordance with section53.46(E) for a monitoring waiver for a pollutantneither present nor expected to be present in thedischarge, and any other information the directordeems appropriated. A monitoring waiver for apollutant neither present nor expected to be pres-ent in the discharge is not effective in the generalpermit until after the director has provided writ-ten notice to the SIU that such a waiver requesthas been granted in accordance with section53.46(E).

(C) The bureau of water quality will retain acopy of the general permit, documentation tosupport the bureau's determination that a specificSIU meets the criteria in section 53.30(A)(1)through (5) and applicable state regulations, anda copy of the IU's written request for coverage forno less than three years after expiration of thegeneral permit.

(D) The director may not control an SIU througha general permit where the facility is subject toproduction-based categorical pretreatment stan-dards or categorical pretreatment standards ex-pressed as mass pollutant discharge per day or forIUs whose limits are based on the combinedwastestream formula in accordance with 40 CFR403.6(e) or net/gross calculations in accordancewith 40 CFR 403.15.

(E) Each industrial user controlled by a gen-eral permit will be subject to inspection by bureaupersonnel biennially (once every two years) at aminimum.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


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Sec. 53.31. Extra jurisdictional industrial us-ers.

(A) Any existing SIU located beyond the MuncieSanitary District limits and discharging into theMuncie Sanitary sewer system shall submit anindividual wastewater discharge permit or gen-eral application, in accordance with section 53.32below, within 90 days of the effective date of theordinance from which this chapter derives or inthe case a valid permit exists and does not violateany part of this chapter, shall not have to re-applyuntil the permit expiration date. New SIUs lo-cated beyond the Muncie Sanitary District limitsshall submit such applications to the director atleast 60 days prior to any proposed discharge intothe POTW.

(B) Alternately, the director may enter into anagreement with the neighboring jurisdiction inwhich the SIU is located to provide for the imple-mentation and enforcement of Pretreatment Pro-gram requirements against said IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.32. Content of applications.

In order to be considered for an individualwastewater discharge permit or general permit,all IUs required to have an individual wastewaterdischarge permit or general permit must submitthe information required by section 53.43(B) ofthis chapter. Users that are eligible may request ageneral permit under section 53.32. The directorshall approve a form to be used as a permitapplication. In addition, the following informa-tion may be requested:

(A) Identifying information to including thename and address of the facility, the nameof the operator and owner, and contactinformation.

(B) Description of activities, facilities, andplant production processes on the prem-ises, Standard industrial classifications ofoperation(s) carried out by such user.

(C) Number and type of employees, hours ofoperation, and proposed or actual hours ofoperation of the industry.

(D) Each product produced by type, amount,process and processes, and rate of produc-tion.

(E) A list of types and amounts of all rawmaterials, chemicals used or stored, andwastes generated or stored at the facilitywhich are, or could accidentally or inten-tionally be, discharged to the POTW.

(F) Type and amount of raw materials pro-cessed (average and maximum per day).

(G) Information showing the measured aver-age daily and maximum daily flow, ingallons per day, to the POTW from regu-lated process streams arid other streams.

(H) A brief description of the User's facilityshall include a schematic process dia-gram, which indicates points of dischargesite plans, floor plans, mechanical andplumbing plans, and details to show allsewers, floor drains, and appurtenancesby size, location, and elevation, and allpoints of discharge to the POTW from theregulated processes.

(I) Time and duration of the discharge.

(J) The amount, storage of, and disposal ofany hazardous waste on site, or generatedby the industry.

(K) Any request to be covered by a generalpermit based on section 53.30.

(L) Any request for a monitoring waiver (orrenewal of an approved monitoring waiver)for a pollutant neither present nor ex-pected to be present in the dischargebased on section 53.46(D).

(M) Samples shall be representative of dailyoperations and shall be analyzed in accor-dance with procedures set out in section53.52 (analytical requirements).

(N) Sampling must be preformed in accor-dance with procedures set out in section53.53 (sample collection).

(O) Any other information as may be deemednecessary by the director to evaluate thewastewater discharge permit application.


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Incomplete or inaccurate applications willnot be processed and will be returned tothe IU for revision.

(P) Any other information as may be deemednecessary by the director to evaluate thewastewater discharge permit application.Incomplete or inaccurate applications willnot be processed and will be returned tothe IU for revision.

(Q) At the discretion of the director, generalpermits may be used to control groups ofSIU discharges to the POTW if any of thefollowing conditions are met. All facilitiesto be grouped by a general permit must:

(1) Involve the same or substantiallysimilar types of operations;

(2) Discharge the same type of wastes;

(3) Require the same effluent limita-tions;

(4) Require the same or similar monitor-ing; or

(5) In the opinion of the director, aremore appropriately controlled undera general permit than under an in-dividual wastewater discharge per-mits.

(R) To be covered by the general permit, theSIU must file a written request for coverage thatidentifies its contact information, production pro-cesses, types of wastes generated, the location formonitoring all wastes covered by the generalpermit, any requests in accordance with section53.46(E) for a monitoring waiver for a pollutantneither present nor expected to be present in thedischarge, and any other information the POTWdeems appropriated. A monitoring waiver for apollutant neither present nor expected to be pres-ent in the discharge is not effective in the generalpermit until after the director has provided writ-ten notice to the SIU that such a waiver requesthas been granted in accordance with section53.46(E).

(S) The bureau of water quality will retain acopy of the general permit, documenta-tion to support the bureau's determina-tion that a specific SIU meets the criteriain section 53.30(A)(1) through (5) and

applicable state regulations, and a copy ofthe IU's written request for coverage forno less than three years after expirationof the general permit.

(T) The director may not control an SIUthrough a general permit where the facil-ity is subject to production-based categor-ical pretreatment standards or categori-cal pretreatment standards expressed asmass pollutant discharge per day or forIUs whose limits are based on the com-bined wastestream formula in accordancewith 40 CFR 403.6(e) or net/gross calcu-lations in accordance with 40 CFR 403.15.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.33. Application signatories and cer-tification.

All wastewater discharge permit applicationsand IU reports, including the quarterly reportand all certification statements to the bureau,must contain one of the three certification state-ments below and be signed by an authorizedrepresentative, as defined in section 53.01, of theIU. If the designation of an authorized represen-tative is no longer accurate because a differentindividual or position has responsibility for theoverall operations of the facility or overall respon-sibility for environmental matters for the com-pany, a new written authorization satisfying therequirements of this section must be submitted tothe director prior to or together with any reportsto be signed by an authorized representative.

(A) Certification of permit applications: Userreports, and initial monitoring waivers:the following certification statement isrequired to be signed by the authorizedrepresentative, in accordance with section53.01, and submitted by IUs when sub-mitting discharge applications, industryuser reports, quarterly reports, initial mon-itoring waivers, and any other reports,forms, or applications deemed necessaryby the director in accordance with section53.32.

"I certify under penalty of law that thisdocument and all attachments were pre-pared under my direction or supervision


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in accordance with a system designed toassure that qualified personnel properlygather and evaluate the information sub-mitted. Based on my inquiry of the personor persons who manage the system, orthose persons directly responsible for gath-ering the information, the informationsubmitted is to the best of my knowledgeand belief, true, accurate, and complete. Iam aware that there are significant pen-alties for submitting false information,including the possibility of fine and im-prisonment for knowing violations."

(B) Certification of pollutants not present: In-dustrial users that have an approved mon-itoring waiver based on section 53.46(D)must certify on each report with the fol-lowing statement that there has been noincrease in the pollutant in its wastestreamdue to activities of the IU:

"Based on my inquiry of the person orpersons directly responsible for managingcompliance with the Pretreatment Stan-dard for 40 CFR [list part here] I certifythat, to the best of my knowledge andbelief, there has been no increase in thelevel of [list pollutants] in the wastewa-ters due to the activities at the facilitysince filing of the last periodic reportunder section 53.46(A)."

(C) Annual certification for non-significant cat-egorical industrial users: A facility deter-mined to be a non-significant categoricalindustrial user by the director pursuantto section 53.01 and 53.33(D) must annu-ally submit the following certification state-ment signed in accordance with the sig-natory requirements in section 53.01 byan authorized representative. This certi-fication must accompany an alternativereport as required by the director:

"Based on my inquiry of the person orpersons directly responsible for managingcompliance with Categorical Pretreat-ment Standards under 40 CFR list PartNumber here. I certify that, to the best of

my knowledge and belief that during theperiod from [month/day/year] to month/day/year :"

(1) "The facility described as [FacilityName] met the definition of a Non-Significant Categorical IndustrialUser as described in section 53.01";

(2) "The facility described as [FacilityName] complied with all applicablePretreatment Standards and require-ments during this reporting period";or

(3) "The facility described as [FacilityName] never discharged more than100 gallons of total Categorical waste-water on any given day during thisreporting period."

"This compliance is based on the followinginformation:

_______________________________________

______________________________________"(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.34. Permit decisions.

The director will evaluate the data furnishedby the IU and may require additional informa-tion. Within 60 days of receipt of a completedwastewater discharge permit application, the di-rector will determine whether or not to issue anindividual wastewater discharge permit or gen-eral permit. The director may deny any applica-tion for an individual wastewater discharge per-mit or general permit.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.35. Permit duration.

An individual wastewater discharge permit ora general permit shall be issued for a specifiedtime period, not to exceed five years from theeffective date of the permit. An individual waste-water discharge permit or a general permit maybe issued for a period less than five years, at thediscretion of the director. Each individual waste-water discharge permit or a general permit willindicate a specific date upon which it will expire.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


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Sec. 53.36. Permit contents.

Individual wastewater discharge permits orgeneral permits shall include such conditions asare reasonably deemed necessary by the directorto prevent pass-through or interference, protectthe quality of the water body receiving the treat-ment plant's effluent, protect worker health andsafety, facilitate sludge management and dis-posal, protect ambient air quality, and protectagainst damage to the POTW.

(A) Individual wastewater discharge permitsand general permits must contain thefollowing conditions:

(1) A statement that indicates wastewa-ter discharge permit issuance date,expiration date, and effective date;

(2) A statement that the wastewaterdischarge permit is nontransferablewithout prior notification and ap-proval from the director, and provi-sions for furnishing the new owneror operator with a copy of the exist-ing wastewater discharge permit;

(3) Effluent limits, including best man-agement practices, based on applica-ble pretreatment standards in fed-eral, state, and local law;

(4) Self-monitoring, sampling, report-ing, notification, and record keepingrequirements, which shall includean identification of pollutants (orbest management practices) to bemonitored, sampling location, sam-pling frequency, and sample typebased on federal, state, and locallaw;

(5) The process for seeking a waiverfrom monitoring for a pollutant thatis neither present nor expected to bepresent in the discharge in accor-dance with section 53.46(D);

(6) Statement of applicable civil and ad-ministrative penalties for violationof Pretreatment Standards and re-quirements, and any applicable com-pliance schedule, which shall not ex-

tend the time for compliance beyondthat required by applicable federal,state, or local law;

(7) Requirements to control slug dis-charge, if determined by the directorto be necessary;

(8) Any grant of a monitoring waiver bythe director; and

(9) A copy of the Bureau of WaterQuality's, Industrial Enforcement Re-sponse Guide or the FOG Enforce-ment Response Guide.

(B) Individual wastewater discharge permitsand general permits may contain, butneed not be limited to, the following:

(1) Limits on the average and/or maxi-mum rate of discharge, time of dis-charge, and/or requirements for flowregulation and equalization;

(2) Limits on the instantaneous, dailyand monthly average and/or maxi-mum concentration, mass, or othermeasure of identified wastewater pol-lutants or properties;

(3) Requirements for the installation ofpretreatment technology, pollutioncontrol, or construction of appropri-ate containment devices, designed toreduce, eliminate, or prevent the in-troduction of pollutants into the treat-ment works;

(4) Development and implementation ofspill control plans, total toxic organ-ics control plans, or other specialconditions including managementpractices necessary to adequately pre-vent accidental, unanticipated, ornon-routine discharges;

(5) Development and implementation ofwaste minimization plans to reducethe amount of pollutants dischargedto the POTW;

(6) The unit charge or schedule of IUcharges and fees for the manage-ment of the wastewater dischargedto the POTW;


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(7) Requirements for installation andmaintenance of inspection and sam-pling facilities and equipment;

(8) A statement that compliance withthe individual wastewater dischargepermit or the general permit doesnot relieve the permittee of respon-sibility for compliance with all appli-cable federal and state pretreatmentstandards, including those which be-come effective during the term of theindividual wastewater discharge per-mit and general permit; and

(9) Other conditions as deemed appro-priate by the director to ensure com-pliance with this chapter, federal andstate laws, rules, and regulations.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.37. Permit appeals.

Any person, including the IU, may petition thedirector to reconsider the terms of an individualwastewater discharge permit or a general permitwithin 30 days of its issuance.

(A) Failure to submit a timely petition forreview shall be deemed to be a waiver ofthe administrative appeal.

(B) In its petition, the appealing party mustindicate the individual wastewater dis-charge permit or general permit provi-sions objected to, the reasons for the ob-jection, and the alternative condition, ifany, it seeks to place in the individualwastewater discharge permit or generalpermit.

(C) The effectiveness of the individual waste-water discharge permit or a general per-mit shall not be stayed pending the ap-peal.

(D) Decisions not to reconsider an individualwastewater discharge permit or generalpermit, not to issue an individual waste-water discharge permit or general permit,or not to modify an individual wastewaterdischarge permit or general permit, shallbe considered final administrative actionfor purposes of judicial review.

(E) Aggrieved parties may seek an appealunder section 53.80(B). Parties dissatis-fied with the decision of the board mayseek judicial review, which shall be lim-ited as provided in the Indiana Code 4-21.5-5-14(d)(1) through (5).

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.38. Permit modification.

(A) The director may modify the individualwastewater discharge permit for good cause in-cluding, but not limited to, the following:

(1) To incorporate any new or revised federal,state, or local pretreatment standards orrequirements.

(2) To address significant alterations or addi-tions to the IU's operation, processes, orwastewater volume or character since thetime of the individual wastewater dis-charge permit issuance.

(3) A change in the POTW that requireseither a temporary or permanent reduc-tion or elimination of the authorized dis-charge.

(4) Information indicating that the permitteddischarge poses a threat to the MuncieSanitary District's POTW, district person-nel, or the receiving waters.

(5) Violation of any terms or conditions of theindividual wastewater discharge permit.

(6) Misrepresentations or failure to fully dis-close all relevant facts in the wastewaterdischarge permit application or in anyrequired reporting.

(7) Revision of or a grant of variance fromCategorical Pretreatment Standards pur-suant to 40 CFR 403.13.

(8) To correct typographical or other errors inthe individual wastewater discharge per-mit.

(9) To reflect a transfer of the facility owner-ship and/or operation to a new owner/operator.


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(B) The director may modify a general waste-water discharge permit for good cause including,but not limited to, the following:

(1) To incorporate any new or revised federal,state, or local pretreatment standards orrequirements.

(2) To address a change in the POTW's oper-ation that requires either a temporary orpermanent reduction or elimination of theauthorized discharge.

(3) To correct typographical or other errors inthe individual wastewater discharge per-mit.

(4) To reflect a transfer of the facility owner-ship and/or operation to a new owner/operator.

(C) The filing of a request by the permittee foran individual wastewater discharge permit orgeneral permit modification does not stay anyindividual wastewater discharge permit or gen-eral permit conditions.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.39. Transfer of permit.

Individual wastewater discharge permits orcoverage under general permits may be reas-signed or transferred to a new owner and/oroperator only if the permittee gives at least 30days advance notice to the director and the direc-tor approves the individual wastewater dischargepermit or the general permit coverage transfer.The notice to the director must include a writtencertification by the new owner and/or operatorwhich:

(A) States that the new owner and/or opera-tor have no immediate intent to changethe facility's operations and processes.

(B) Identifies the specific date on which thetransfer is to occur.

(C) Acknowledges full responsibility for com-plying with the existing individual waste-water discharge permit or general permit.

Failure to provide advance notice of a transferrenders the individual wastewater discharge per-mit or coverage under the general permit voidableon the date of facility transfer.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.40. Revocation of permit.

Individual wastewater discharge permits orcoverage under general permits may be revokedfor, but not limited to, the following reasons:

(A) Failure to notify the bureau of significantchanges to the IU's wastewater prior tothe discharge of the changed wastewater.

(B) Failure to provide prior notification to thebureau of changed condition pursuant tosection 53.47.

(C) Misrepresentation or failure to fully dis-close all relevant facts in the wastewaterdischarge permit application.

(D) Falsifying self-monitoring reports and cer-tification statements.

(E) Tampering with bureau of water qualitymonitoring equipment.

(F) Refusing to allow the bureau timely ac-cess to the facility premises and records.

(G) Failure to meet effluent limitations.

(H) Failure to pay fines.

(I) Failure to pay sewer charges.

(J) Failure to meet compliance schedules.

(K) Failure to complete a wastewater surveyor the wastewater discharge permit appli-cation.

(L) Failure to provide advance notice of thetransfer of ownership of a permitted facil-ity.

(M) Violation of any pretreatment standard orrequirement, any terms of the individualwastewater discharge permit, any termsof the general permit, or this chapter.

Individual wastewater discharge permits orcoverage of general permits shall be voidableupon nonuse, cessation of operations, or transferof business ownership. All individual wastewater


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discharge permits or general permits are voidupon the issuance of a new individual wastewaterdischarge permit or general permit.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.41. Permit reissuance.

A SIU shall apply for an individual wastewaterdischarge permit or general permit reissuance bysubmitting a complete wastewater discharge per-mit application in accordance with section 53.32 aminimum of 60 days prior to the expiration of theIU's existing individual wastewater discharge per-mit or general permit.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.42. Regulation of waste received fromother jurisdictions.

(A) If another municipality, or user locatedwithin another municipality, contributes waste-water to the POTW, the Muncie Sanitary Districtshall enter into an inter-municipal agreementwith the contributing municipality.

(B) Prior to entering into an agreement re-quired by subsection (A), above, the Muncie San-itary District Administrator shall request thefollowing information from the contributing mu-nicipality:

(1) A description of the quality and volume ofwastewater discharged to the POTW bythe contributing municipality;

(2) An inventory of all IUs located within thecontributing municipality that are dis-charging to the POTW; and

(3) Such other information as the MuncieSanitary District Administrator may deemnecessary.

(C) An inter-municipal agreement, as requiredby subsection (A), above, shall contain the follow-ing conditions:

(1) A requirement for the contributing munic-ipality to adopt a sewer use ordinancewhich is at least as stringent as thischapter and local limits, including re-quired baseline monitoring reports (BMRs)which are at least as stringent as thoseset out in sections 53.04 through 53.07 of

this chapter. The requirement shall spec-ify that such ordinance and limits must berevised as necessary to reflect changesmade to the Muncie Sanitary District'sordinance and local limits;

(2) A requirement for the contributing munic-ipality to submit a revised user inventoryon at least an annual basis;

(3) A provision specifying which pretreat-ment implementation activities, includ-ing individual, wastewater discharge per-mit or general permit issuance, inspection,sampling, and enforcement, will be con-ducted by the contributing municipality;which of these activities will be conductedby the bureau of water quality; and whichof these activities will be conducted jointlyby the contributing municipality and thebureau of water quality;

(4) A requirement for the contributing munic-ipality to provide the bureau of waterquality with access to all information thatthe contributing municipality obtains aspart of its pretreatment activities;

(5) Limits on the nature, quality, and volumeof the contributing municipality's waste-water at the point where it discharges inthe POTW and/or its collection system;

(6) Requirements for monitoring the contrib-uting municipality's discharge;

(7) A provision ensuring the bureau of waterquality access to the facilities of userslocated within the contributingmunicipality's jurisdictional boundaries forthe purpose of inspection, sampling, andany other duties deemed necessary by thedirector; and

(8) A provision specifying remedies availablefor breach of the terms of the inter-municipal agreement.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

DIVISION 4. COMPLIANCE MONITORINGAND REPORTING

Sec. 53.43. Baseline monitoring reports.(A) Within either 180 days after the effective

date of a categorical pretreatment standard, orthe final administrative decision on a category


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determination under 40 CFR 403.6 (a)(4), which-ever is later, existing SIUs subject to such cate-gorical pretreatment standards, and currentlydischarging to or scheduled to discharge to thePOTW, shall be required to submit to the bureaua report which contains the information listed inparagraph (B) below. At least 90 days prior tocommencement of their discharge, new sources,and sources that become IUs subsequent to thepromulgation of an applicable categorical stan-dard, shall be required to submit to the bureau areport which contains the information listed inparagraph (B) below A new source shall also berequired to report the method of pretreatment itintends to use to meet applicable pretreatmentstandards. A new source shall also give estimatesof its anticipated flow and quantity of pollutantsdischarged.

(B) The IU shall submit the information re-quired by this section including:

(1) Identifying information. The name andaddress of the facility including the nameof the operator and owners.

(2) Wastewater discharge permits. A list ofany environmental control wastewater dis-charge permits held by or for the facility.

(3) Description of operations. A brief descrip-tion of the nature, average rate of produc-tion, and standard industrial classifica-tions of the operation(s) carried out bysuch IU. This description should include aschematic process diagram which indi-cates points of discharge to the POTWfrom the regulated processes.

(4) Flow measurement. Information showingthe measured average, or estimated, ifapproved by the director, daily and maxi-mum flow, in gallons per day, to the POTWfrom regulated process streams and otherstreams, as necessary, to allow use of thecombined wastestream formula set out in40 CFR 403.6(e).

(5) Measurement of pollutants.

(a) Identify the categorical pretreat-ment standards applicable to eachregulated process.

(b) Submit the results of sampling andanalysis identifying the nature andconcentration (and/or mass), whererequired by the standard or by thebureau, of regulated pollutants inthe discharge from each regulatedprocess. Instantaneous, daily maxi-mum and long term average concen-trations (or mass, where required)shall be reported. Samples shall berepresentative of daily operations,taken immediately downstream fromthe pretreatment facilities; or if nopretreatment facilities exist, imme-diately downstream from the regu-lated process. If other wastewatersare mixed with the regulated waste-water prior to pretreatment the IUshall measure the flows and concen-trations necessary to allow use of thecombined wastestream formula 40CFR 403.6(e) to evaluate compliancewith the pretreatment standards.Where an alternative concentrationor mass limit has been calculated inaccordance with 40 CFR 403.6(e) thisadjusted limit along with supportingdata shall be submitted to the bu-reau.

(c) Analysis shall be performed in accor-dance with section 53.52.

(d) Sampling shall be performed in ac-cordance with section 53.53.

(e) The director may allow the submis-sion of a baseline report which uti-lizes only historical data as long asthe data provide sufficient informa-tion to determine the need for theindustrial pretreatment measures.

(f) The baseline report shall indicatethe time, date and place of sampling,methods of analysis, and shall cer-tify that such sampling and analysisis representative of the normal work-ing cycles and expected pollutantdischarges to the POTW.

(6) Certification. A statement reviewed bythe IU's authorized representative and


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certified by a qualified professional, indi-cating whether pretreatment standardsare being met on a consistent basis, and, ifnot, whether additional operation andmaintenance (O&M) and/or additional pre-treatment is required to meet the pretreat-ment standards and requirements.

(7) Compliance schedule. If additional pre-treatment and/or O&M will be required tomeet the pretreatment standard; the short-est schedule by which the IU will providesuch additional pretreatment and/or O&M.The completion date in this schedule shallnot be later than the compliance dateestablished for the applicable pretreat-ment standard. A compliance schedulepursuant to this section must meet therequirements set out in section 53.44.

(8) All baseline monitoring reports must besigned and certified in accordance withsection 53.33.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.44. Compliance schedule progress re-port.

The following conditions shall apply to theschedule required by section 53.43(B)(7). The sched-ule shall contain progress increments in the formof dates for the commencement and completion ofmajor events leading to the construction andoperation of additional pretreatment required forthe IU to meet the applicable pretreatment stan-dards (such events include hiring an engineercompleting preliminary and final plans, executingcontracts for major components, commencing andcompleting construction, beginning and conduct-ing routine operation). No increment referred toabove shall exceed nine months. The IU shallsubmit a progress report to the director no laterthan 14 days following each date in the scheduleand the final date of compliance including, as aminimum, whether or not the IU complied withthe increment of progress, the reason for anydelay, (and, if appropriate) the steps being takenby the IU to return to the established schedule. Inno event shall more than nine months elapsebetween such progress reports to the director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.45. Compliance monitoring and re-porting.

Within 90 days following the date for finalcompliance with applicable categorical pretreat-ment standards, or in the case of a new sourcefollowing commencement of the introduction ofwastewater into the POTW, any IU subject tosuch pretreatment standards and requirementsshall submit to the director a report containingthe information described in section 53.43(B)(4)through (6). For IUs subject to equivalent mass orconcentration limits established in accordancewith the procedure in 40 CFR 403.6(c), this reportshall contain a reasonable measure of the IU'slong term production rate. For all other IUssubject to categorical pretreatment standards ex-pressed in terms of allowable pollutant dischargeper unit of production (or other measure of oper-ation), this report shall include the IU's actualproduction during the appropriate sampling pe-riod. All compliance reports must be signed andcertified in accordance with section 53.33. allsampling will be done in compliance with section53.53.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.46. Periodic compliance reports.

(A) Any SIU subject to a pretreatment stan-dard, even if they have been designated a non-significant categorical industrial user, shall, at afrequency determined by the director, but in nocase less than four times per year (April, July,October, and January), each covering the previousthree-month period, submit a report indicatingthe nature and concentration of pollutants in thedischarge which are limited by such Pretreat-ment Standards and the measured or estimatedaverage and maximum daily flows for the report-ing period. In cases where the pretreatment stan-dard requires compliance with a best manage-ment practice (BMP) or pollution preventionalternative, the IU must submit documentationrequired by the director or the pretreatment stan-dard necessary to determine compliance status ofthe IU. All periodic compliance reports must besigned and certified in accordance with section53.33.


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(B) All wastewater samples must be represen-tative of the IU's discharge. Wastewater monitor-ing and flow measurement facilities shall be prop-erly operated, kept clean, and maintained in goodworking order at all times. Failure of an IU tokeep the monitoring facility in good working ordershall not be grounds for the IU to claim thatsample results are not representative of its dis-charge.

(C) If an IU subject to the reporting require-ments in and of this section monitors any pollut-ant more frequently than required by the POTW,using the procedures prescribed in section 53.53and analytical methods prescribed in section 53.52of this chapter, the results of this monitoring shallbe included in the report.

(D) The director may authorize an IU subjectto a categorical pretreatment standard to foregosampling of a pollutant regulated by a categoricalpretreatment standard in accordance with 40CFR 403.12(e)(2) provided that the IU has dem-onstrated thorough sampling and other technicalfactors that the pollutant is neither present norexpected to be present in the discharge, or ispresent only in background levels from intakewater and without any increase in the pollutantdue to activities of the IU. The bureau of waterquality shall sample the waived pollutant or pol-lutants at least once during the term of thecategorical industrial user's control mechanism.In the event that the director subsequently deter-mines that a waived pollutant is present or isexpected to be present in the IU's wastewaterbased on changes that occur in the IU's opera-tions, the bureau of water quality shall immedi-ately begin at least annual inspection and efflu-ent monitoring of the IU's discharge. Thisauthorization is subject to the following condi-tions:

(1) The request for a monitoring waiver mustbe submitted to the director with theindividual wastewater discharge permitapplication and signed by the IU's autho-rized representative, as defined by section53.01.

(2) All IU reports, including the quarterlyreport to the bureau, must be signed by

the authorized representative of the IUand include the certification statement insection 53.33(E).

(3) The monitoring waiver is valid only forthe duration of the effective period of theindividual wastewater discharge permit,but in no case longer than five years.

(4) The IU must submit a new request for thewaiver before the waiver can be grantedfor each subsequent individual wastewa-ter discharge permit.

(5) In the event that a waived pollutant isfound to be present or is expected to bepresent because of changes that occur inthe IU's operations; the IU must immedi-ately comply with the monitoring require-ments of section 53.46(A), or other morefrequent monitoring requirements im-posed by the director, and immediatelynotify the director of the presence or ex-pected presence of the pollutant.

(6) This provision does not supersede certifi-cation processes and requirements estab-lished in categorical pretreatment stan-dards, except as otherwise specified in thecategorical pretreatment standard.

(7) Such other information as the directormay deem necessary.

(E) Periodic compliance reports may be waivedby the director if the bureau is at least monitoringthe discharge quarterly, and no process wastewa-ter is discharged to the POTW.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.47. Report of changed conditions.

Each industrial user is required to notify thedirector of any planned significant changes to theIU's operations or system which might alter thenature, quality or volume of its wastewater atleast 60 days before the change.

(A) The director may require the industrialuser to submit such information as maybe deemed necessary to evaluate thechanged condition, including the submis-sion of a wastewater discharge permitapplication under section 53.32.


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(B) The director may issue an individual waste-water discharge permit or general permitunder section 53.41 or modify an existingindividual wastewater discharge permitor general permit under section 53.38 inresponse to changed conditions or antici-pated changed conditions.

(C) No IU shall implement the plannedchanged condition(s) until and unless thedirector has responded to the IU's notice.

(D) For purposes of this requirement flowincreases of 20 percent or greater, and thedischarge of any previously unreportedpollutants, shall be deemed significant.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.48. Reports of potential problems.

(A) In the case of any discharge including, butnot limited to accidental discharges; discharges ofa non-routine, episodic nature; non-customarybatch discharges; slug discharges; or other dis-charge which may cause potential interference orpass-through for the POTW (including a violationof the prohibited discharge standards in section53.04 of this chapter), it is the responsibility ofthe IU to immediately telephone and notify thebureau of the incident. This notification shallinclude the location of discharge, type of waste,concentration and volume, if known, and correc-tive actions taken by the IU.

(B) Within five days following such discharge,the IU shall, unless waived by the director, sub-mit a detailed written report describing the causesof the discharge and the measures to be taken bythe IU to prevent similar future occurrences.Such notification shall not relieve the IU of anyexpense, loss, damage, or other liability whichmay be incurred as a result of damage to thePOTW, natural resources, or any other damage toperson or property; nor shall such notificationrelieve the IU of any fines, civil penalties, or otherliability which may be imposed by this chapter.

(C) Failure to notify the bureau of potentialproblem discharges shall be deemed a separateviolation of this chapter.

(D) A notice shall be permanently posted onthe IU's bulletin board or other prominent placeadvising employees who to call in the event of adischarge described in subsection (A), above. Em-ployers shall ensure that all employees who maycause or suffer such a discharge are advised of theemergency notification procedure.

(E) Significant industrial users are required tonotify the director immediately of any changes attheir facility which may affect the potential for aslug discharge.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.49. Reports from non-permitted in-dustrial users.

Industrial users that are not subject to categor-ical pretreatment standards and that are notrequired to obtain an individual wastewater dis-charge permit or general permit shall provideappropriate reports to the bureau as the directorrequires.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.50. Notice of violation/repeat sam-pling and reporting.

If sampling performed by an IU indicates aviolation, the IU must notify the director within24 hours of becoming aware of the violation. TheIU shall also repeat the sampling and analysisand submit the results of the repeat analysis tothe director within 30 days after becoming awareof the violation. The director may not require theIU to resample if:

(A) The bureau performs monitoring at theIU's facility at least once a month;

(B) The bureau performs sampling betweenthe IU's initial sampling and when the IUreceives the results of this sampling;

(C) The bureau has specifically performed thesampling and analysis in lieu of the IU; or

(D) The IU's regular monitoring activity willresult in samples being taken within 30days of the industry becoming aware ofthe violation.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


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Sec. 53.51. Notification of the discharge ofhazardous waste.

(A) Any IU who commences the discharge ofhazardous waste shall notify the bureau, the EPARegional Waste Management Division Director,and the state hazardous waste authorities inwriting of any discharge into the POTW of asubstance which, if otherwise disposed of, wouldbe a hazardous waste under 40 CFR 261. Suchnotification must include the name of the hazard-ous waste as set forth in 40 CFR 261, the EPAhazardous waste number, and the type of dis-charge (continuous, batch or other). If the IUdischarges more than 100 kilograms (220 lbs.) ofsuch waste per calendar month to the POTW, thenotification shall also contain the following infor-mation to the extent such information is knownand readily available to the IU: 1) an identifica-tion of the hazardous constituents contained inthe wastes, 2) an estimation of the mass andconcentration of such constituents in thewastestream discharged during that calendarmonth, and 3) an estimation of the mass ofconstituents in the wastestream expected to bedischarged during the following 12 months. Allnotifications must take place no later than 180days after the discharge commences. Any suchnotification need only be submitted once for eachhazardous waste discharged. However, notifica-tions of changed conditions or discharges must besubmitted under section 53.47. The notificationrequirement in this section does not apply topollutants already reported under the self-moni-toring requirements of sections 53.43, 53.45, and53.46.

(B) Dischargers are exempt from the require-ments of paragraph (A) of this section during acalendar month in which they discharge no morethan 15 kilograms (33 lbs) of hazardous wastes,unless the wastes are acute hazardous wastes asspecified in 40 CFR 261.30(d) and 261.33(e). Adischarge of more than 15 kilograms (33 lbs.) ofnon-acute hazardous wastes in a calendar month,or of any quantity of acute hazardous wastes asspecified in 40 CFR 261.30(d) and 261.33(e), re-quires a one-time notification. Subsequent monthsduring which the IU discharges more than suchquantities of any hazardous waste do not requireadditional notification.

(C) In the case of any new regulations underSection 3001 of RCRA identifying additional char-acteristics of hazardous waste or listing any ad-ditional substance as a hazardous waste, the IUmust notify the bureau, the EPA Regional WasteManagement Waste Division Director, and statehazardous waste authorities of the discharge ofsuch substance within 90 days of the effectivedate of such regulations.

(D) In the case of any notification made underthis section, the IU shall certify that it has aprogram in place to reduce the volume and toxic-ity of hazardous wastes generated to the degree ithas determined to be economically practical.

(E) All industries permitted by the bureau,shall make a one time notification to the directoron the bureau's "Hazardous Waste NotificationForm" stating if the company is subject to thereporting conditions in section 53.51(A) and (B).

(F) This provision does not create a right todischarge any substance not otherwise permittedto be discharged by this chapter, a permit issuedhereunder, or any applicable federal or state law.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.52. Analytical requirements.

All pollutant analyses, including sampling tech-niques, to be submitted as part of a wastewaterdischarge permit application or reports shall beperformed in accordance with the techniques pre-scribed in 40 CFR 136 and amendments thereto,unless otherwise specified in an applicable cate-gorical pretreatment standard. If 40 CFR 136does not describe sampling or analytical tech-niques for the pollutant in question, sampling andanalyses must be performed in accordance withprocedures approved by the EPA.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.53. Sample collection.

Samples collected to satisfy reporting require-ments must be based on data obtained throughappropriate sampling and analysis performed dur-


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ing the period covered by the report, and based ondata that is representative of conditions occurringduring the reporting period.

(A) Except as indicated in section (B) and (D)below, the IU must collect wastewatersamples using 24-hour flow proportionalcomposite collection techniques. In theevent flow proportional sampling is infea-sible, the director may authorize the useof time proportional sampling or grabsamples where the user demonstrates thatthis will provide a representative sampleof the effluent being discharged. Usingprotocols (including appropriate preserva-tion) specified in 40 CFR 136 and appro-priate EPA guidance, multiple grab sam-ples collected during a 24-hour periodmay be composited prior to analysis asfollows: for cyanide, total phenols, andsulfides, the samples may be compositedin the laboratory or in the field; for vola-tile organics and oil and grease, the sam-ples may be composited in the laboratory.Composite samples for other parametersunaffected by the compositing proceduresas documented in approved EPA method-ologies may be authorized by the directoras appropriate. In addition, grab samplesmay be required to show compliance withdaily maximum discharge limits and in-stantaneous limits.

(B) Samples for oil and grease, temperature,pH, cyanide, total phenols, toxicity, sul-fides, and volatile organic chemicals mustbe obtained using grab collection tech-niques.

(C) A categorical industrial user subject tothe limits described in Federal 40 CFR ofthe Act shall take samples immediatelydownstream from their pretreatment fa-cility if pretreatment exists, or immedi-ately downstream from the regulated pro-cess if no pretreatment exists. If otherwastewaters are mixed with the regu-lated wastewater prior to pretreatment,the IU should measure the flows andconcentrations necessary to allow use ofthe combined wastestream formula in or-der to evaluate compliance with the pre-

treatment standards. Where an alternateconcentration or mass limit has been cal-culated, this adjusted limit along with thesupporting data shall be submitted to thebureau.

(D) For sampling required in support of base-line monitoring and 90-day compliancereports described in section 53.43 and53.45, for facilities which do not havehistorical sampling data available, a min-imum of four grab samples must be usedfor determination of pH, cyanide, totalphenols, oil and grease, sulfide, and vola-tile organic compounds; for which histor-ical sampling data is available, the direc-tor may authorize a lower minimum. Forreports required by section 53.46, the IUis required to collect the number of grabsamples necessary to access and ensurecompliance with applicable pretreatmentstandards and requirements.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.54. Determination of noncompliance.

The director may use a grab sample(s) to de-termine noncompliance with pretreatment stan-dards.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.55. Timing.

Written reports will be deemed to have beensubmitted on the date post-marked. For reportswhich are not mailed, the date of receipt of thereport shall be the date it is deemed submitted.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.56. Record keeping.

Industrial users shall retain, and make avail-able for inspection and copying, all records, docu-ments, and information, including documentationassociated with best management practices estab-lished under section 53.07(D), required to beretained under this chapter. Records shall includethe date, exact place, method, time of sampling,and the name of the person(s) taking samples, thedates analyses were performed, who performedthe analyses, the techniques or methods used,and results of such analyses. These records shall


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remain available for a period of at least threeyears. This period shall be automatically ex-tended for the duration of any litigation concern-ing compliance with this chapter, or where the IUhas been specifically notified of a longer retentionperiod by the director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.57. Inspection and sampling.

The director shall have the right to enter thefacilities of any IU to ascertain whether thepurpose of this chapter, and any permit or orderissued hereunder, is being met, and whether theIU is complying with all requirements of thischapter and any and all individual wastewaterdischarge permits, general permits, or order is-sued thereof. Industrial users shall allow thedirector or his representatives ready access to allparts of the premises for the purposes of inspec-tion, sampling, records examination and copying,and performance of any additional duties.

(A) Where an IU has security measures inforce which require proper identificationand clearance before entry into its prem-ises, the IU shall make necessary arrange-ments with its security personnel so that,upon presentation of suitable identifica-tion, personnel from the bureau shall bepermitted to enter without delay, for thepurposes of performing their specific re-sponsibilities.

(B) The bureau shall have the right to set upon the IU's property, or require installa-tion of, such devices as are necessary toconduct sampling and/or metering of theuser's operations.

(C) The director may require the IU to installmonitoring equipment as necessary. Thefacility's sampling and monitoring equip-ment shall be maintained at all times in asafe and proper operating condition bythe IU at the user's expense. All devicesused to measure wastewater flow andquality shall be calibrated periodically toensure their accuracy.

(D) Any temporary or permanent obstructionto safe and easy access to the industrialfacility to be inspected and/or sampled

shall be promptly removed by the IU atthe written or verbal request of the direc-tor and shall not be replaced. The costs ofclearing such access shall be borne by theIU.

(E) Unreasonable delays, defined as longerthan 15 minutes, in allowing bureau per-sonnel access to the IU's premises shall bea violation of this chapter.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.58. Search warrants.

If the director and/or the director's representa-tive have been refused access to a building, struc-ture, or property, or any part thereof, and if thedirector and/or the director's representative havedemonstrated probable cause to believe that theremay be a violation of this chapter or that there isa need to inspect or sample as part of a routineinspection and sampling program of the bureaudesigned to verify compliance with this chapter orany permit or order issued hereunder, or to pro-tect the overall public health, safety and welfareof the community, then upon application by thesanitary district attorney to the municipal court,superior court or circuit court, the district mayseek a search and/or seizure warrant describingtherein the specific location subject to the war-rant. The request by the district shall specifywhat, if anything may be searched and/or seizedon the property described. Such warrant shall beserved at reasonable hours by the director in thecompany of a uniformed police officer. In theevent of an extreme emergency affecting publichealth and safety, inspections shall be made with-out the issuance of a warrant.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.59. Confidential information.

Information and data on an IU obtained fromreports, surveys, wastewater discharge permitapplications, individual wastewater discharge per-mits or general permits, monitoring programs,and from bureau inspection and sampling activi-ties, shall be available to the public withoutrestriction, unless the IU specifically requests,and is able to demonstrate to the satisfaction ofthe director, that the release of such informationwould divulge information, processes or methods


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of production entitled to protection as trade se-crets under applicable state law. When requestedand demonstrated by the IU furnishing a reportthat such information should be held confidential,the portions of a report which might disclosetrade secrets or secret processes shall not be madeavailable for inspection by the public, but shall bemade available immediately upon request to gov-ernmental agencies for uses related to the NPDESprogram or pretreatment program, and in enforce-ment proceedings involving the person furnishingthe report. Wastewater constituents and charac-teristics and other "effluent data" as defined by 40CFR 2.302 will not be recognized as confidentialinformation and will be available to the publicwithout restriction.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.60. Publication of users in signifi-cant noncompliance.

The bureau shall publish annually, in a news-paper of general circulation that provides mean-ingful public notice within the jurisdictions servedby the POTW, a list of the IUs which, during theprevious 12 months, were in significant noncom-pliance with applicable pretreatment standardsand requirements. The term significant noncom-pliance (SNC) shall be applicable to all SIUs (orother IUs that violate paragraphs (C), (D), or (H)of this section) and shall mean:

(A) Chronic violations of wastewater dis-charge limits, defined here as those inwhich 66 percent or more of wastewatermeasurements taken for the same pollut-ant parameter by any amount during asix-month period exceed (by any magni-tude) the daily maximum limit, monthlyaverage limit, or an instantaneous limitas defined in section 53.01;

(B) Technical review criteria (TRC) viola-tions, defined here as those in which 33percent or more of wastewater measure-ments taken for each pollutant parameterduring a six-month period equals or ex-ceeds the product of the daily maximumlimit, or the monthly average limit, or aninstantaneous limit, as defined by section53.01 multiplied by the applicable criteria

(1.4 for BOD, TSS, fats, oils and grease,and 1.2 for all other pollutants exceptpH);

(C) Any other discharge violation; daily max-imum, monthly average limit, instanta-neous limit or narrative standard; thatthe director believes or determines hascaused, along or in combination with otherdischarges, interference or pass-through(including endangering the health of POTWpersonnel, bureau personnel or the gen-eral public);

(D) Any discharge of a pollutant that hascaused imminent endangerment to thepublic, the environment, or has resultedin the bureau's exercise of its emergencyauthority to halt or prevent such a dis-charge;

(E) Failure to meet, within 90 days of thescheduled date, a compliance schedulemilestone contained in an individual waste-water discharge permit, general permit orenforcement order for starting construc-tion, completing construction, or attain-ing final compliance;

(F) Failure to provide any required reportswithin 30 days after the due date, includ-ing baseline monitoring reports, 90-daycompliance reports with pretreatment stan-dard deadlines, periodic self-monitoringreports, and reports on compliance withcompliance schedules;

(G) Failure to accurately report noncompli-ance; and

(H) Any other violation(s), which may includea violation of best management practices,which the bureau determines will ad-versely affect the operation or implemen-tation of the local pretreatment program.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

DIVISION 5. FOG PRETREATMENTPROGRAM REQUIREMENTS FOR FOOD

SERVICE ESTABLISHMENTS

Sec. 53.61. FOG pretreatment.

All food service establishments (FSEs) shallsubmit an application for a general permit (sec-


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tion 53.30) to discharge to the MWPCF. Generalpermits for FSEs shall require each FSE to de-velop and implement a FOG Minimization Plan,which will include the following:

(A) Procedures and best management prac-tices to be implemented by FSE employ-ees to minimize FOG entering the waste-water collection system; and

(B) A description of the FOG pretreatmenttraining program for the FSE to educateemployees in FOG minimization proce-dures.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.62. FOG pretreatment system re-quirements.

(A) Except as provided by section 53.63, thewastewater generated from FSEs shall be treatedto remove FOG using a FOG Interceptor.

(B) An application for the design and installa-tion of a FOG pretreatment system shall besubject to review and approval by the director andshall be subject to the sizing guidelines of theIndiana State Board of Health's Bulletin S.E. 13Sec. 501 and all other applicable codes, ordi-nances, and laws.

(C) Every structure at the FSE shall be con-structed, operated and maintained in a manner toensure that the discharge of food preparationwastewater is directed solely to the FOG intercep-tor, or alternate FOG pretreatment system. Novalve or piping bypass equipment that could pre-vent the discharge of food preparation wastewa-ter from entering appropriate treatment equip-ment shall be present.

(D) The contact person at each FSE shall no-tify the bureau of water quality when the FOGpretreatment system is ready for inspection andconnection to the public sewer. Newly installedFOG interceptors must be left uncovered to allowfor inspection by MSD personnel. Inspections willbe carried out within 72 hours of receipt of noti-fication that the interceptor is ready for inspec-tion.

(E) All other applicable state and local plumbing/building codes shall be followed during the instal-lation of the FOG pretreatment system.

(F) FOG interceptor requirements:

(1) The FOG interceptor shall be installed on'a separate building sewer line servicingkitchen flows and shall be connected onlyto those fixtures or drains which wouldallow fats, oils, and grease to be dis-charged. This shall include:

(a) Pot sinks;

(b) Pre-rinse sinks;

(c) Any sink into which fats, oils andgrease are likely to be introduced;

(d) Soup kettles or similar devices;

(e) Wok stations;

(f) Floor drains or sinks into which ket-tles may be drained;

(g) Automatic hood wash units;

(h) Dishwashers without pre-rinse sinks;and

(i) Any other fixtures or drains likely toallow fats, oils and grease to be dis-charged.

(2) All food grinders or food garbage dispos-als shall discharge to the FOG intercep-tor, unless specifically stated otherwise inthe permit.

(3) No fixture or drain other than those listedin section 53.62(F)(1) shall be directlyconnected to the FOG interceptor unlessapproved by the director. The followingshall not be discharged into FOG inter-ceptor:

(a) Waste that does not contain FOGand that otherwise does not requiretreatment;

(b) Wastewater from dish washing ma-chines or wastewater with a temper-ature exceeding 140°F;

(c) Sanitary waste;

(d) Any substance that may cause exces-sive foaming in the MWPCF;

(e) Emulsifiers, chemicals, and enzymes.

(4) The outlet discharge line from the FOGinterceptor shall be directly connected tothe municipal sanitary sewer.


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(5) Separate cleanout covers shall be pro-vided over the inlet and outlet of the FOGinterceptor to provide easy access for in-spection and cleaning.

(G) All costs and related expenses associatedwith the installation and connection of the FOGinterceptor(s) or alternate FOG pretreatment sys-tem(s) shall be borne by the FSE. The FSE shallindemnify the Muncie Sanitary District and itsagents for any loss or damage that may directly orindirectly occur due to the installation of the FOGpretreatment system.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.63. Alternate FOG pretreatment pro-grams.

(A) When it is not practical for the FSE toinstall an outdoor in-ground FOG interceptor persection 53.62, an alternate FOG pretreatmentsystem may be utilized upon approval by thedirector. The director will approve these systemson a case-by-case basis. The contact person maybe required to furnish analytical data demonstrat-ing that FOG discharge concentrations do notexceed the limits established in this chapter.Alternate FOG pretreatment programs will beconsidered when:

(1) FOG interceptor size requirement is im-practical due to space limitations;

(2) An existing facility is able to demonstratethat more frequent cleaning of a smallerinterceptor or trap, in combination withbest management practices, can effec-tively remove grease as required by thischapter.

(B) Alternate FOG pretreatment programs shallmeet the requirements of section 53.62(B) through(G).(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.64. Pretreatment equipment mainte-nance.

(A) The FOG pretreatment system shall bemaintained continuously in satisfactory and effec-tive operation at the FSE's expense.

(B) The contact person or authorized agentshall be responsible for the proper removal anddisposal, by appropriate means, of the collectedmaterial removed from the FOG pretreatmentsystem.

(C) The contact person or authorized agentshall ensure that the FOG interceptor is in-spected when pumped to ensure that all fittingsand fixtures inside the interceptor are in goodcondition and functioning properly. The depth ofgrease inside the tank shall be measured andrecorded in the maintenance log during everyinspection along with any deficiencies, the date,and the identity of the inspector (see section53.64(D)(3)).

(D) The contact person or authorized agentshall determine the frequency at which its FOGinterceptor(s) shall be pumped according to thefollowing criteria:

(1) The FOG interceptor shall be cleaned by asubsurface sewage disposal cleaner when-ever 25 percent of the operating depth ofthe FOG interceptor is occupied by fats,oils, grease, and settled solids, or a mini-mum of once every three months; which-ever is more frequent. Cleaning of FOGinterceptors shall include the completeremoval of all contents, including floatingmaterials, wastewater and settled sludge.Decanting back into the FOG interceptorshall not be permitted unless specific vari-ance is granted in the FSE's permit. FOGinterceptor cleaning shall include scrap-ing excessive solids from the wall, floors,baffles and all piping.

(2) If the contact person can provide datademonstrating that less frequent cleaningof the FOG interceptor will not result in agrease level in excess of 25 percent of theoperating depth of the FOG interceptor,the director may allow less frequent clean-ing. The contact person shall provide dataincluding pumping receipts for four con-secutive cleanings of the FOG interceptor,complete with a report from the greasetrap/interceptor cleaner indicating thegrease level at each cleaning, and theFOG interceptor maintenance log.


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(3) A maintenance log of activities related tothe FOG interceptor shall be maintainedon the premises, and shall include thefollowing information: dates of all activi-ties related to the FOG interceptor, vol-ume pumped, grease depth, grease trap/interceptor cleaner's name, location of thewaste disposal, means of disposal for allmaterial removed from the FOG intercep-tor, and the name of the individual record-ing the information. The maintenance logand grease trap/interceptor cleaner's re-ceipts shall be made available to bureaupersonnel for inspection on demand. In-terceptor cleaning and inspection recordsshall be maintained on file a minimum offive years.

(E) All material removed and hauled fromFOG pretreatment systems shall be disposed of ata FOG disposal facility approved by the IndianaDepartment of Environmental Management, or, iftaken out of state, approved by a similar stateagency.

(F) The contact person shall be responsible forthe cost and scheduling of all actions needed tocomply with this chapter. The contact personshall be notified in writing of violations of thischapter by the director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.65. Discharge limits.

No facility shall discharge or cause to be dis-charged any wastewater with a FOG concentra-tion in excess of 200 milligrams per liter, asdetermined by the currently approved test fortotal recoverable fats and grease listed in federalregulations 40 CFR Part 136.3, or in concentra-tions or in quantities which will harm either theMuncie Sanitary District sewers or the MWPCFas determined by the director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.66. Applications.

(A) All food service establishments shall sub-mit to the director a written application for ageneral permit detailing the following:

(1) The user's proposed FOG minimizationplan (section 53.61) including a detailedlist of BMPs to be implemented; and

(2) The user's proposed FOG pretreatmentsystem (section 53.62), or justification ofand description of an alternative pretreat-ment program (section 53.63).

(B) Existing facilities shall submit to the direc-tor an application for a general permit within sixmonths after the adoption date of the ordinancefrom which this chapter derives and shall installand implement the approved FOG pretreatmentprogram within six months of the user's receipt ofa general permit.

(C) New facilities shall submit to the director aFOG pretreatment program application and, fol-lowing receipt of a general permit from the direc-tor, shall install and implement the approvedFOG pretreatment program prior to dischargingto the MSD collection system.

(D) Any requests for extensions to installationdates must be made in writing to the director atleast 30 days in advance of the compliance date.The written request shall include the reasons forthe user's failure or inability to comply with thecompliance date set forth, the additional timeneeded to complete the remaining work, and thesteps to be taken to avoid future delays. Thedirector shall determine the date for compliance.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.67. Significant changes in facility op-eration.

A food service establishment shall notify thebureau prior to any significant changes in theoperation of their facility including the following:

(A) Grease control equipment upgrades;

(B) Increases in seating capacity of 20 per-cent or greater; and/or

(C) Changes in menu selections and/or foodservice production processes.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.68. Facility closure.

A FSE with a grease interceptor shall notifythe bureau of water quality 45 days in advancewhenever the FSE closes for business and issubsequently:

(A) Razed or demolished;


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(B) Remodeled such that the grease intercep-tor will not be used; or

(C) Replaced with a type of business that willnot utilize the grease interceptor.

(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Secs. 53.69, 53.70. Reserved.

DIVISION 6. ENFORCEMENT

Sec. 53.71. Enforcement Response Guide(ERG).

The director shall prepare, for passage by theboard of sanitary commissioners of the MuncieSanitary District, an Enforcement Response Guide(ERG) to ensure that the requirements of 40 CFR403 of the Clean Water Act will be met. The ERGshall outline various administrative actions thedirector may take for various pretreatment viola-tions. The maximum fine shall be $1,000.00 perday per violation. The director shall review andupdate, on an annual basis, for the board ofsanitary commissioners any changes needed toensure compliance with the federal, state andlocal pretreatment regulations as listed in the Actand this chapter.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.72. Notification of violation.

Whenever the director finds that any IU hasviolated or is violating any provision of this chap-ter, an individual wastewater discharge permit,general permit, order issued hereunder, or anyother pretreatment standard or requirement, thedirector or director's agent may serve upon saiduser a notice of violation. Within ten days of thereceipt of this notice, an explanation of the viola-tion and a plan for the satisfactory correction andprevention thereof, to include specific requiredactions, shall be submitted by the user to thedirector. Submission of this plan in no way re-lieves the user of liability for any violations occur-ring before or after receipt of the notice of viola-tion. Nothing in this section shall limit the authorityof the bureau to take any action, including emer-gency actions or any other enforcement action,without first issuing a notice of violation. Degreesof violation are listed in the Muncie Sanitary

District "Enforcement Response Guide." The bu-reau notice of violation is in the form of a verbalnotice or verbal telephone notice (VN/VTN), sitevisit (SV), and/or a letter of violation (LOV) aslisted in the (ERG).(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.73. Consent orders.

The director is hereby empowered to enter intoconsent orders, assurances of voluntary compli-ance, or other similar documents establishing anagreement with any IU responsible for noncom-pliance. Such orders will include specific action tobe taken by the IU to correct the noncompliancewithin a time period also specified by the order.Consent orders shall have the same force andeffect as the administrative orders issued pursu-ant to sections 53.75 and 53.76 below and shall bejudicially enforceable. The bureau consent ordersare in the form of administrative orders as listedin the Muncie Sanitary District Enforcement Re-sponse Guide.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.74. Show cause hearing.

The director may order any IU which causes orcontributes to violation(s), of any provision of thischapter, individual wastewater discharge per-mits, general permits, orders issued hereunder, orany other pretreatment standard or require-ments, to appear before the director and showcause why a proposed enforcement action shouldnot be taken. Notice shall be served on the IUspecifying the time and place for the meeting, theproposed enforcement action, the reasons for suchaction, and a request that the IU show cause whythis proposed enforcement action should not betaken. The notice of the meeting shall be servedpersonally or by registered or certified mail (re-turn receipt requested) at least ten days prior tothe hearing. Such notice may be served on anyauthorized representative of the IU as defined insection 53.01 and required by section 53.33(A).Whether or not the IU appears as ordered, imme-diate enforcement action may be pursued follow-ing the hearing date. A show cause hearing shallnot be a bar against, or prerequisite for, takingany other action against the IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


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Sec. 53.75. Compliance orders.

When the director finds that an IU has violatedor continues to violate, any provision of thischapter, individual wastewater discharge permit,general permit, orders issued hereunder, or anyother pretreatment standard or requirement, thedirector may issue an order to the IU responsiblefor the discharge directing that the IU come intocompliance within a specified time. If the IU doesnot come into compliance within the time stated,sewer service shall be discontinued unless ade-quate treatment facilities, devices, or other re-lated appurtenances are installed and properlyoperated. Compliance orders may also containother requirements to address the noncompli-ance, including additional self-monitoring andmanagement practices designed to minimize theamount of pollutants discharged to the sewer. Acompliance order may not extend the deadline forcompliance established for a federal pretreatmentstandard or requirement, nor does a complianceorder release the IU of liability for any violation,including any continuing violation. Issuance of acompliance order shall not be a bar against, orprerequisite to, taking any other action againstthe IU. The compliance orders are in the form ofenforcement compliance schedules, issued by thebureau, through the Muncie Sanitary DistrictEnforcement Response Guide.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.76. Cease and desist orders.

when the director finds that an IU is violatingany provision of this chapter, the IU's individualwastewater discharge permit, general permit, anyorder issued hereunder, any other pretreatmentstandard or requirement, or that the IU's pastviolations are likely to recur, the director mayissue an order to the IU directing it to cease anddesist ail such violations and directing the IU to:

(A) Immediately comply with all require-ments; and

(B) Take such appropriate remedial or preven-tive action as may be needed to properlyaddress a continuing or threatened viola-tion, including halting operations and/orterminating the discharge.

Issuance of a cease and desist order shall not be abar against, or prerequisite, to taking any otheraction against the IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.77. Administrative fines.

(A) Notwithstanding any other section of thischapter, any IU that is found to have violated, orcontinues to violate, any provision of this chapter,its individual wastewater discharge permit, gen-eral permit, orders issued hereunder, or any otherpretreatment standard or requirements may befined in an amount not to exceed $1,000.00 dollarsas set forth in the Enforcement Response Guide.Such fines shall be assessed on a per violation,per-day basis. In the case of monthly or otherlong-term average discharge limits, fines may beassessed for each day during the period of viola-tion.

(B) Assessments may be added to the IU's nextscheduled sewer service charge, and the directorshall have such other collection remedies as maybe available for other service charges and fees.

(C) Unpaid charges, fines, and penalties shall,after 60 calendar days, be assessed an additionalpenalty of ten percent of the unpaid balance, andinterest shall accrue thereafter at a rate of fivepercent per month. A lien against the individualIU's property will be sought for unpaid charges,fines, and penalties.

(D) Industrial users desiring to dispute suchfines must file a written request for the director toreconsider the fine along with full payment of thefine amount within 30 days of being notified of thefine. Where a request has merit the director shallconvene a hearing on the matter within 15 days ofreceiving the request from the IU. In the eventthe IU's appeal is successful, the payment to-gether with any interest accruing hereto, shall bereturned to the IU. The director may add the costsof preparing administrative enforcement actions,such as notices and orders, to the fine.

(E) Issuance of an administrative fine shallnot be a bar against, or prerequisite for, takingany other action against the IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


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Sec. 53.78. Emergency suspensions.

The director may immediately suspend an IU'sdischarge (after informal notice to the IU) when-ever such suspension is necessary in order to stopan actual or threatened discharge, which reason-ably appears to present, or causes an imminent orsubstantial endangerment to the health or wel-fare of persons. The director may also immedi-ately suspend an IU's discharge (after notice andopportunity to respond), that threatens to inter-fere with the operation of the POTW, or whichpresents, or may present, an endangerment to theenvironment.

(A) Any IU notified of a suspension of itsdischarge shall immediately stop or elim-inate its discharge. In the event of an IU'sfailure to immediately comply voluntarilywith the suspension order, the directorshall take such steps as deemed neces-sary, including immediate severance ofthe sewer connection, to prevent or mini-mize damage to the POTW, its receivingstream, or endangerment to any individ-uals. The director shall allow the IU torecommence its discharge when the IUhas demonstrated to the satisfaction ofthe director that the period of endanger-ment has passed, unless the terminationproceedings set forth in section 53.79 areinitiated against the IU.

(B) An IU that is responsible, in whole or inpart, for any discharge presenting immi-nent endangerment shall submit a de-tailed written statement, describing thecauses of the harmful contribution of wasteand the measures taken to prevent anyfuture occurrence, to the director, prior tothe date of any show cause or terminationhearing under sections 53.74 and 53.79.

Nothing in this section shall be interpreted asrequiring a hearing prior to any emergency sus-pension under this section.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.79. Termination of discharge.

In addition to those provisions in section 53.40of this chapter, any IU that violates the following

conditions of this chapter, individual wastewaterdischarge permit, general permit, or orders issuedhereunder, is subject to discharge termination.

(A) Violation of individual wastewater dis-charge permit or general permit condi-tions.

(B) Failure to accurately report the wastewa-ter constituents and characteristics of itsdischarge.

(C) Failure to report significant changes inoperations or wastewater volume, constit-uents and characteristics prior to dis-charge.

(D) Refusal of reasonable access to the IU'spremises for the purpose of inspection,monitoring or sampling.

(E) Violation of the Pretreatment Standardsin sections 53.04 through 53.10 of thischapter.

Such IUs will be notified of the proposed termi-nation of its discharge and be offered an opportu-nity to show cause under section 53.74 why theproposed action should not be taken. Issuance of atermination of discharge shall not be a bar to, orprerequisite to, taking any other action againstthe IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.80. Appeals.

(A) Any IU affected by any decision, action ordetermination, including cease and desist orders,made by the director, interpreting or implement-ing the provisions of this chapter, may file withthe director a written request for reconsiderationwithin ten days of such decision, action, or deter-mination, setting forth in detail the facts support-ing the IU's request for reconsideration.

(B) If the ruling made by the director is unsat-isfactory to the person requesting reconsidera-tion, he/she may, within ten days after notifica-tion of bureau action, file a written appeal to theboard of sanitary commissioners. The writtenappeal shall be heard by the board within 30 daysfrom the date of filing. The board of sanitarycommissioners shall make a final ruling on theappeal within 30 days of the close of the meeting.


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The director's decision, action, or determinationshall remain in effect during such period of recon-sideration.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.81. Injunctive relief.

Whenever an IU has violated a pretreatmentstandard or requirement or continues to violatethe provisions of this chapter, individual waste-water discharge permits, general permit, ordersissued hereunder, or any other pretreatment re-quirement, the director may petition the Circuitor Superior Court for Delaware County throughthe Muncie Sanitary District's Attorney for theissuance of a temporary or permanent injunction,as appropriate, which restrains or compels thespecific performance of the individual wastewaterdischarge permit or general permit, order, orother requirement imposed by this chapter onactivities of the IU. Such other action as appro-priate for legal and/or equitable relief may also besought by the Muncie Sanitary District. A petitionfor injunctive relief shall not be a bar against, orneed not be filed as a prerequisite to, taking anyother action against an IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.82. Civil penalties.

(A) Any IU which has violated or continues toviolate this chapter, any order, issued, individualwastewater discharge permit, general permit here-under, or any other pretreatment standard orrequirement shall be liable to the director for amaximum civil penalty of $1,000.00 dollars perviolation per day. In the case of a monthly or otherlong-term average discharge limit, penalties shallaccrue for each day during the period of theviolation.

(B) The director may recover reasonable attor-ney's fees, court costs, and other expenses associ-ated with enforcement activities, including sam-pling and monitoring expenses, and the cost ofany actual damages incurred by the Muncie San-itary District.

(C) In determining the amount of civil liability,the court shall take into account all relevantcircumstances, including, but not limited to, theextent of harm caused by the violation, the mag-

nitude and duration of the violation, any eco-nomic benefit gained through the IU's violation,corrective actions by the IU, the compliance his-tory of the IU, and any other factor as justicerequires.

(D) Filing a suit for civil penalties shall not bea bar against, or prerequisite for, taking any otheraction against an IU.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.83. Remedies nonexclusive.

The provisions in Division 6 of this chapter arenot exclusive remedies. The bureau reserves theright to take any, all, or any combination of theseactions against a noncompliant IU. Enforcementof pretreatment violations will generally be inaccordance with the Muncie Sanitary District'sEnforcement Response Guide (ERG). However,the bureau reserves the right to take other actionagainst any IU when the circumstances warrant.Further, the bureau is empowered to take morethan one enforcement action against any noncom-pliant IU. These actions may be taken concur-rently.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.84. Liability insurance.

The director may decline to reissue an individ-ual wastewater discharge permit or general per-mit to any IU which has failed to comply with theprovisions of this chapter, any orders issued, aprevious individual wastewater discharge permit,general permit issued hereunder, or any otherpretreatment standard or requirement, unlessthe IU first submits proof that it has obtainedfinancial assurances sufficient to restore or repairdamage to the POTW caused by its discharge.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

DIVISION 7. AFFIRMATIVE DEFENSES TODISCHARGE VIOLATIONS

Sec. 53.85. Upset.

(A) For the purposes of this section, "upset"means an exceptional incident in which there isunintentional and temporary noncompliance withcategorical pretreatment standards because of


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factors beyond the reasonable control of the IU.An upset does not include noncompliance to theextent caused by operational error, improperlydesigned treatment facilities, inadequate treat-ment facilities, lack of preventive maintenance, orcareless or improper operation.

(B) An upset shall constitute an affirmativedefense to an action brought for noncompliancewith categorical pretreatment standards if therequirements of subsection (C) below are met.

(C) An IU who wishes to establish the affirma-tive defense of upset shall demonstrate, throughproperly signed, contemporaneous operating logs,or other relevant evidence that:

(1) An upset occurred and the IU can identifythe cause(s) of the upset;

(2) The facility was at the time being oper-ated in a prudent and workman-like man-ner and in compliance with applicableoperation and maintenance procedures;

(3) The IU has submitted the following infor-mation to the bureau of water qualityand/or POTW within 24 hours of becom-ing aware of the upset (if this informationis provided orally, a written submissionmust be provided within five days):

(a) A description of the indirect dis-charge and cause of noncompliance.

(b) The period of noncompliance, includ-ing exact dates and times or, if notcorrected, the anticipated time thenoncompliance is expected to con-tinue.

(c) Steps being taken and/or planned toreduce, eliminate, and prevent recur-rence of the noncompliance.

(D) In any enforcement proceeding, the IUseeking to establish the occurrence of an upsetshall have the burden of proof.

(E) Industrial IUs will have the opportunityfor a judicial determination on any claim of upsetonly in an enforcement action brought for non-compliance with categorical pretreatment stan-dards.

(F) The IU shall control production or ail dis-charges to the extent necessary to maintain com-pliance with categorical pretreatment standardsupon reduction, loss, or failure of its treatmentfacility until the facility is restored or an alterna-tive method of treatment is provided. This require-ment applies in the situation where, among otherthings, the primary source of power to the treat-ment facility is reduced, lost, or fails.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.86. General/specific prohibitions.

An IU shall have an affirmative defense to anenforcement action brought against it for noncom-pliance with the general and specific prohibitionsin section 53.04 of this chapter if it can prove thatit did not know, or have reason to know, that itsdischarge, along or in conjunction with dischargesfrom other sources, would cause pass-through orinterference, and that either: 1) a local limitexists for each pollutant discharged and the IUwas in compliance with each limit directly priorto, and during, the pass-through or interference,or 2) no local limit exists, but the discharge didnot change substantially in nature or constitu-ents from the IU's prior discharge* when theMuncie Sanitary District POTW was regularly incompliance with its NPDES permit, and in thecase of interference, was in compliance with ap-plicable sludge use or disposal requirements.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.87. Bypass.

An IU may allow a bypass only when thebypass does not cause pretreatment standards orrequirements to be violated, and when the bypassis for essential maintenance to assure efficientoperation. All other instances of bypass are pro-hibited.

If a prohibited bypass is anticipated, the IUshall submit prior notice to the bureau at leastten days before the date of the bypass if possible.

In the event of an unanticipated, prohibitedbypass, the IU shall submit oral notice to thebureau within 24 hours from the time the IUbecomes aware of the bypass. A written submis-sion shall also be submitted to the bureau withinfive days of the time the IU becomes aware of the


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bypass. The written submission shall contain adescription of the bypass and its cause; the dura-tion of the bypass, including exact dates andtimes, and, if the bypass has not been corrected,the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the bypass. The di-rector may waive the written report on a case-by-case basis if the oral report has been receivedwith 24 hours.

The director may take enforcement actionagainst an IU for a prohibited bypass, unless;

(A) Bypass was unavoidable to prevent loss oflife, personal injury, or severe propertydamage;

(B) There were no feasible alternatives to thebypass, such as the use of auxiliary treat-ment facilities, retention of untreatedwastes, or maintenance during normalperiods of equipment downtime. This con-dition is not satisfied if adequate back-upequipment should have been installed inthe exercise of reasonable engineering judg-ment to prevent a bypass which occurredduring normal periods of equipment down-time or preventive maintenance; and

(C) The IU submitted notices as required un-der this section.

The director may approve an anticipated by-pass, after considering its adverse effects, if thedirector determines that it will meet the threeconditions listed in paragraphs (A) through (C) ofthis section.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

DIVISION 8. RATES AND CHARGES

Sec. 53.88. Metered water supply.

User charges and fees shall be based upon thetotal amount of water used from all sources un-less, in the opinion of the director, significantportions of water received are not discharged to asanitary sewer. The total amount of water usedfrom public and private sources will be deter-

mined by means of public meters or private me-ters, installed and maintained at the expense ofthe IU and approved by the director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.89. Metering of volume and diver-sions.

For IUs where, in the opinion of the director, asignificant portion of the water received from anymetered source does not flow into the sanitarysewer because of the principal activity of the IU orremoval by other means, the IU charges and feeswill be applied against the volume of water dis-charged from such premises into the communitysewer. Written notification and proof of the diver-sion of water must be provided by the IU if the IUis to avoid the application of the IU charges andfees against the total amount of water used fromall sources. The IU may install a meter of a typeand at a location approved by the director and atthe IU's expense. Such meters may measure ei-ther the amount of sewage discharge or the amountof water diverted. Such meters shall be tested foraccuracy at the expense of the IU when deemednecessary by the director.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.90. Estimated volume.

(A) Users without source meters: For IUs wherein the opinion of the director, it is unnecessary orimpractical to install meters, the quantity ofwastewater may be based upon an estimate pre-pared by the director. This estimate shall bebased upon a rational determination of the waste-water discharged and may consider such factorsas the number of fixtures, seating capacity, pop-ulation equivalent, annual production of goodsand services or such other determinants of wateruse necessary to estimate the wastewater volumedischarged.

(B) Users with source meters: For IUs thatwho, in the opinion of the director, divert asignificant portion of their flow from a sanitarysewer, the IU charges may be based upon anestimate of the volume of flow prepared by the IUprovided the user obtains wastewater dischargeauthorization and pays the applicable user chargesand fees. The estimate must include the method


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and calculations used to determine the wastewa-ter volume and may consider such factors as thenumber of fixtures, seating capacity, populationequivalents, annual production of goods and ser-vices, or such other determinations of water usenecessary to estimate the wastewater volumedischarged.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.91. Surcharge costs.

(A) Each person discharging wastewater intothe sanitary district sewers shall be subject to asurcharge, in addition to the regular sewage ser-vice charge, based on the total biochemical oxygendemand (TBOD) and the total suspended solids(TSS) content of the wastes, if the wastes have aconcentration greater than 250 mg/L of TBODand/or 250 mg/L of TSS.

(B) Sampling and testing for surcharges oruser charges will be conducted as follows. Thedischarged wastewater will be sampled duringeach sewage billing period for a minimum of aone-day period (24 continuous hours) by means ofa composite sample. A reduced or extended sam-pling period may be requested to enable thegathering of a sample representative of an IU'swastewater. The extension or reduction of thesampling period beyond the initial one-day sam-pling period may be requested by either the IUinvolved or the bureau. If an extended samplingperiod is requested, the parameter values used tocalculate the surcharge will be the arithmeticaverage of the individual values. In the event acompany or industry has multiple discharges ofwastewater, each discharge shall be sampled ac-cording to quality. The volume of each dischargeshall be determined by actual measurement or bymeans of process usage. If significant processchanges are made to affect the quality of anydischarge, re-sampling may be requested by ei-ther the sewer user involved or the bureau.

(C) The wastewater sample shall be measuredfor the following parameters: total biochemicaloxygen demand (TBOD), and total suspendedmatter or solids (TSS). These tests shall be madein accordance with the latest approved editions ofStandard Methods for the Examination of Waterand Wastewater or by an approved EPA method.

(D) The computation of surcharge of each con-stituent will be determined by multiplying theexcess mass of each constituent by the appropri-ate rate of surcharge.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)

Sec. 53.92. Damage to facilities.

When a discharge of wastes causes an obstruc-tion, damage, or any other impairment to thePOTW, the Muncie Sanitary District may assess acharge against the IU for the work required toclean and/or repair the sanitary sewer systemand/or the POTW, and add such charge or chargesto the user's charges and fees.(Ord. No. 1-11, § 1(Exh. A), 2-7-11)


V:50.10Supp. No. 13

(87) Veterinarian Two parking spaces foreach three animal cagesor pens.

(88) Video store One parking space for each250 square feet of grossfloor area (4/1,000 GFA)

(89) Warehouse One parking space for eachtwo employees

For uses not listed, the most similar categoryshall be used as determined by the Administra-tive Zoning Officer. The following standards andcategories shall be used for retail:

General retail 3.3 spaces per 1,000 GFA

Convenience retail 4 spaces per 1,000 GFA

Service retail 2.4 spaces per 1,000 GFA

Temporary retail 3.3 spaces per 1,000 GFA

(F) Special conditions. A church may, by agree-ment approved by the administrative zoning offi-cer and filed with the plan commission office, useadjoining parking facilities when the same arenot in use, instead of providing its own. A group ofbusiness or industrial uses may provide a jointparking area if the number of spaces in the areaequals or exceeds the aggregate of the spacesrequired for the several uses. Where there may bemore than one use in the same building or struc-ture, the total off-street parking requirement shallbe the sum of the requirements specified hereinfor each of the various uses.

(G) Bicycle parking. Bicycle parking spacesshall be provided in accordance with the require-ments set forth as follows:

(1) Location and placement standards:

(a) Bicycle parking shall be located asclose or closer than the nearest carparking space to the building en-trance, other than those spaces forpersons with disabilities.

(b) Bicycle parking facilities shall notinterfere with accessible paths oftravel or accessible parking as re-quired by the American with Disabil-ities Act of 1990.

(c) Bicycle racks shall not block the build-ing entrance or inhibit pedestrianflow.

(d) Bicycle racks shall be located to pro-tect bicycles from damage from au-tomobiles.

(e) Bicycle parking shall be visible, welllit, and as convenient to cyclists asauto parking is to drivers.

(f) All bicycle racks shall be designed tominimize visual clutter and be main-tained in good condition.

(g) All bicycle racks shall be securelyanchored to the ground or buildingsurface.

(h) In cases where bicycle parking spacesare not visible from the primarystreet, signage shall be used to di-rect cyclists safely to bicycle parkingareas.

(2) Design standards:

(a) Each bicycle rack shall be designedto accommodate a minimum of twobicycle parking spaces.

(b) Bicycle racks shall be designed toaccommodate U-shaped locking de-vices and support the bicycle in twoplaces.

(c) Bicycle racks shall be designed toresist cutting, rusting, bending anddeformation.

(d) The surfacing of such facilities shallbe designed and maintained to bemud and snow free.

(e) Required bicycle parking spaces shallbe at least four feet wide by six feetlong.

(f) An access aisle of at least four feetshall be provided in each bicycleparking facility.

(g) Such space shall have a vertical clear-ance of at least six feet.

(h) Bicycle racks shall be placed on 48-inch centers.

§ 150.211ZONING CODE

XV:50.1Supp. No. 13

(3) When the intensity of use of any building,structure or premises shall be increasedthrough additional number of dwellingunits, gross floor area, seating capacity orother units of measurement specifiedherein that requires additional automo-bile parking spaces, bicycle parking asrequired herein shall be provided for suchincrease in intensity of use.

(4) A reduction in the minimum requiredautomobile parking is allowed equal tothe percentage of bicycle parking spacesprovided, with a five-percent maximumreduction.

(5) Bicycle parking spaces shall be based onthe required automobile parking spacesand shall be provided in accordance withthe following:

Auto Spaces Required Bicycle Racks RequiredNon-Residential/Commercial Uses:

0—20 spaces 1 rack21—50 spaces 2 racks51—75 spaces 3 racks76—100 spaces 4 racks101 + spaces 5 racks +1 for each additional

100 spaces, 20 maximumMulti-Family Residential Uses:

8+ spaces 1 rack for every 8 auto spacesrequired

(Code 1968, § 130.231; Ord. No. 12-95, §§ 1—3,5-8-95; Ord. No. 50-04, § 1, 4-4-05; Ord. No. 6-11,§ 1, 5-2-11)

Sec. 150.212. Signs and outdoor advertis-ing.

(A) Purpose.

(1) The purpose of this section is to promoteand protect the public health, welfare,and safety of the community and its peo-ple by regulating existing and proposedoutdoor advertising and outdoor signs ofall types.

(2) This section is also intended to protectproperty values; create a more attractiveand economically vital business climate;enhance and protect the physical appear-ance of the community; preserve the sce-nic and natural beauty; and to provide

more enjoyable and pleasant living condi-tions. The intent of this section is also toreduce the incidence of signs or advertis-ing distractions which may contribute totraffic accidents by their placement.

(B) General provisions.

(1) General definition of sign. Hereafter ageneral definition of a "sign" shall meanan identification, description, illustration,or device which is affixed to or erectedupon a property or tract of land, a build-ing or a structure, and which directs at-tention to a product, place, activity, ser-vice, institution, or business. All supports,poles, wires, and other sign apparatusshall be defined as part of a sign, andshall be referred to as sign apparatus.

(2) Existing signs—Conforming.

(a) Definition. A "conforming sign" is asign which meets the provisions es-tablished in the Code.

(b) Provisions. The lawful location andmaintenance of conforming signs ex-isting at the time of the enactment ofthis Code and any amendmentsthereof may be continued providedthat the following conditions are met:That the existing sign is not ex-panded or reduced in size, or relo-cated in such a manner that wouldmake the existing sign unlawful; thatno additional signs are placed on thesame sign apparatus, upon whichthe existing sign is located, in such amanner that would make the exist-ing sign or sign apparatus unlawful;that an approved sign permit wasobtained for the existing sign. Whenchanges to an existing conformingsign are necessary, no such existingsign shall be expanded or reduced insize, or relocated without first obtain-ing an approved sign permit fromthe administrative zoning officer.

(3) Existing signs—Nonconforming.

(a) Definition. A "nonconforming sign"is a sign which does not meet theprovisions established in the Code.


XV:50.2Supp. No. 13

(b) Provisions. The lawful use of a non-conforming sign, existing at the timeof the enactment of this Code andany amendments thereof, may becontinued provided that the follow-ing conditions are met: That the ex-isting sign is not expanded in size, orrelocated, unless the expansion orrelocation brings the sign into con-formity with the Code; that no addi-tional signs are placed on the samesign apparatus upon which the ex-isting sign is located; and that theexisting sign is not located withinthe proposed or existing rights-of-way as designated by the OfficialThoroughfare Plan-City of Muncie(1979). When changes to an existingnonconforming sign are necessary tobring the sign into conformity, nosuch existing sign shall be expandedin size, or relocated, without firstobtaining an approved sign permitfrom the administrative zoning offi-cer.

§ 150.212ZONING CODE

XV:50.3Supp. No. 13

Ord. No. Date Passed Code Sec.

41-06 7-10-06 77.30, 77.99(F), (G)4-93 3- 1-93 Ch. 80, Sched. IV53-06 12- 4-06 Ch. 80, Sched. XIII54-06 1- 9-07 34.102(C)(1.5)56-06 12- 4-06 90.01, 90.2857-06 12- 4-06 90.07(B)58-06 12- 4-06 90.2921-07 7- 9-07 Ch. 80, Sched. XIII26-07 8- 6-07 70.9928-07 9-10-07 Rpld 31.100—31.105

Added 31.100—31.1051-08 2- 4-08 Ch. 80, Sched. V14-08 7- 7-08 90.0115-08 7- 7-08 90.2833-08 10- 6-08 Ch. 80, Sched. IV34-08 10- 6-08 Ch. 80, Sched. IV40-08 10- 6-08 Ch. 80, Sched. V47-08 12- 1-08 Added 102.01—102.051-09 3- 2-09 152.02(B)2-09 3- 2-09 152.07

152.30—152.323-09 3- 2-09 152.15(C)(2)(k)4-09 3- 2-09 152.345-09 3- 2-09 154.406-09 3- 2-09 152.457-09 3- 2-09 152.468-09 3- 2-09 152.1369-09 3- 2-09 152.13810-09 3- 2-09 Rpld 153.17—153.19,

153.2111-09 3- 2-09 153.0112-09 3- 2-09 153.0313-09 3- 2-09 153.0214-09 3- 2-09 153.1015-09 3- 2-09 153.1216-09 3- 2-09 153.1317-09 3- 2-09 153.1518-09 3- 2-09 154.4719-09 3- 2-09 Rpld 154.02, 154.12

154.15, 154.18,154.20, 154.22,154.23

20-09 3- 2-09 152.3527-09 5- 4-09 Rpld 98.05—98.15

Added 98.01—98.0755-09 11- 2-09 152.15(C)(3)57-09 11- 2-09 117.01—117.1759-09 11- 2-09 38.01—38.1660-09 12- 7-09 30.1366-09 12- 7-09 119.0467-09 12- 7-09 115.085-10 5- 3-10 32.3212-10 7-12-10 Rpld 97.01—97.18

Added 97.01—97.1317-10 8- 2-10 121.03, 121.05(A),

121.0618-10 8- 2-10 117.08(C), 117.1319-10 8- 2-10 35.15(A)

REFERENCES TO ORDINANCES

CCT:21Supp. No. 13

Ord. No. Date Passed Code Sec.

20-10 8- 2-10 35.15(B)35-10 9-13-10 81.01—81.09,

81.98, 81.9936-10 9-13-10 Ch. 80, Sched. IV1-11 2- 7-11 Rpld 53.01—53.10

53.16—53.21,53.26—53.58,53.61—53.74,53.81—53.83,53.86—53.90

Added 53.01—53.10,53.16—53.21,53.26—53.60,53.61—53.68,53.71—53.92

6-11 5- 2-11 150.211(G)

MUNCIE CODE

CCT:22Supp. No. 13

PEDESTRIANS (Cont'd.)Soliciting rides, 73.06Soliciting watching or guarding of vehicles, 73.07(B)Tunnel, crossing at point of, 73.03(B)Walk and wait signals, 70.18Walking along highway, when permissible and not permis-

sible, 73.05(B), (C)

PELLET GUNS, 130.03(A)

PENALTIESBicycles, 74.99Budget Service Company, 111.99Building code, 152.999Business district (loop) parking, 77.99Civil emergency, 130.99Conflict of interest of public officer or employee, 30.05Driving under influence of liquor or drugs, 72.26Electric code, 153.99Failure to file inventory of city property on time, 30.27False or misleading advertising of real estate, 130.99Fire prevention code, 91.99Fire regulations, 91.99Flood plain management, 159.13Food markets, 114.99Food-service establishments, 113.99Funeral processions, 71.999General, 10.99House numbering system, 156.99Housing code, 155.42Incendiary missiles, 130.99Litter, 52.99Massage parlors, 118.99Molotov cocktails, 130.99Motorcycles, 74.99Moving building, 152.99Noise, 100.99Offenses, 130.99Oppression, malconduct or misfeasance of mayor or public

officers, 30.06Outdoor advertising and signs, 152.999Parking, 77.99Passenger restraint systems

Belt and installation specifications, 72.69Nonrestraint of a child less than four, 72.72, 72.73Retail sales, leases, trades and transfers, 72.69Safety belts for children under 4, 72.68

Plumbing code, 154.99Precious metals, 119.99Residential building code, 152.999Safety belts in vehicles, 75.99Snow emergency parking, 77.99Soliciting funds from motor vehicle, 73.99Speed contest, 72.59Speed limit of railroad trains, 71.999Streets and sidewalks, 96.99Television sets in vehicles, 75.99Traffic code, 70.99Wages, 30.99Waste, 52.99Weeds, 98.99

PERMITSBanner or other advertising handling from one building to

another, 96.10Benches at bus stops, 96.22Building code, 152.30 (See also BUILDING CODE)Canvassers permit, 116.10 et seq.Demolition of buildings, 34.104, 152.45Distributors permit, 116.10 et seq.Earth, gravel or pavement removal from streets or alleys,

96.04Electrical work, 153.03Explosives, 130.05Flanged, cleated or other rough surface wheels on vehicles,

78.06Floodplain improvement location, 159.06Food markets, 114.02(A)(1)Food-service establishments, 113.02(A)Freight loading zones, 77.17Improvement location, 151.60Junkyard construction of brick wall or board fence, 115.07Loading and unloading at angle to curb, 77.05Mineral extraction, 150.217(G)Mobile home residences, 150.207Moving buildings, 152.135, 152.144Outdoor advertising and signs, 150.212(I), 152.56(A)Parades or processions, 71.80Parking permit, restricted, 77.33Plumbing work, 154.03Regulation of activities within public rights-of-way (See

STREETS AND SIDEWALKS)Residential neighborhood permit parking zones, 77.32Sewer connections, 50.41Solicitors permit, 116.10 et seq.Storm detention/retention facilities for combined sewers

Discharge permit application, 163.02Waste collection, 52.10, 52.11Wastewater discharge permits, 53.26 et seq.Zoning code requirements, 150.232(E)

PERSONAL PROPERTY, CITY-OWNEDSale of (See CITY-OWNED PROPERTY, SALE OF)

PERSONNEL DIRECTOR, 31.05

PERSONNEL DIVISION, 31.05

PHYSICIANSAll-night parking prohibition, exemption from, 77.09

PICNICS IN PARKS, 95.07

PINBALL MACHINESMinors prohibited from playing, 92.08

PLAN COMMISSION (See METROPOLITAN PLAN COM-MISSION)

PLANNED MULTIPLE-FAMILY DEVELOPMENT UNIT (SeeZONING CODE)

PLUMBERS' LICENSES (See PLUMBING CODE)

PLUMBING CODEAdoption of rules and regulations, 154.13

CODE INDEX

CDi:21Supp. No. 13

PLUMBING CODE (Cont'd.)Approval of plans and specifications, effect of, 154.05

Errors or omissions in, 154.05Change in location of business or firm members, report of,

154.17Compliance with, 155.31Compliance with regulations required, 154.24Definitions, 154.01Inspections, 154.11License as plumber, 154.14

Bond requirement, 154.14Cash in lieu of, 154.14

Certificate of passage of examination and posting of bondor cash required, 154.17

Expiration date, 154.16Expiration of old license as prerequisite to issuance of,

154.17Fee, 154.16

Deposit of, 154.19Firm or corporation, issuance in name of, 154.17, 154.21Issuance of, 154.19Nontransferability, 154.16Period of, 154.16Posting requirement, 154.16Renewal, 154.16

Fee, 154.16Revocation, 154.99

Penalty, 154.99Permit for plumbing work, 154.03

Application for, approval of, 154.04Expiration, 154.10Fees, 154.07Revocation, 154.08

Notice of, 154.09Plumbing contractors, 154.21Repairs, what does or does not constitute, 154.06Violations of, 154.24, 154.99

PLUMBING CONTRACTORS, 154.21

POLICE ATTACK OR K-9 DOGS, 35.16Injury to, 35.18Interference with, 35.17Privileges with, 35.17

POLICE DIVISION (See also POLICE RESERVE UNIT),31.11(C)

Alarm systemsDuties of responding police or fire department officer,

121.02Arrest powers, 35.10(B)Bailiff to be assisted by, 35.10(D)Bicycle license issuance, 74.11(C)Bicycle registration card issued by, 74.11(D)Bicycle rental agencies or dealers to report to, 74.12(C)Collective bargaining representation, 35.50 et seq.Conservators of peace, 35.10(B)Conveyance of prisoners by, 35.10(D)Court to be attended by, 35.10(D)Dance halls, right of entry to, 112.10Driver's file to be maintained, 79.05

POLICE DIVISION (See also POLICE RESERVE UNIT),31.11(C) (Cont'd.)

Execution of warrants by, 35.10Fees charged for the purpose of police training and educa-

tion, 35.15Investigation of traffic accidents, 79.03Merit system, 35.02Pawnbroker's reports to, 115.10Police attack or K-9 dogs, 35.12

Injury to, 35.14Interference with, 35.13Privileges granted to, 35.12

Powers of, 35.10Records of traffic violations, 79.02Residence requirement, 35.01Secondhand dealer's reports to, 115.10Service of process by, 35.10(B), (C)Special powers of, 35.11Suppression of breaches of peace, 35.10(B)Taxicab operators, 117.01 et seq.Traffic accident reports, files of, 79.04, 79.05, 79.06Traffic code enforcement by, 79.15(A)Traffic direction by, 79.15(B)Traffic duties generally, 79.01Traffic order or direction by, failure or refusal to obey, 70.05Traffic-safety report, 79.06Unauthorized wearing of badges, uniforms or other insignia

of, 35.12

POLICE PENSION FUND BOARD OF TRUSTEESEstablishment of, 34.70

POLICE REPRESENTATION (Arbitration)Advance notice when appropriations required, 35.55Agreement allowed prior to arbitrator's decision, 35.61Arbitration hearing, 34.58Collective bargaining procedures generally, 35.54Decision of arbitrator, 35.59Definitions, 35.53Fees, expenses for mediation, arbitration, 35.60Judicial relief, 35.63Mediation, 35.56No right to strike granted, 35.52Representation of firefighter's bargaining unit, 35.51Selection of arbitrator, 35.57Short title, 35.50Unfair practices, 35.62

POLICE RESERVE UNITAppointment, 35.32(A)Established, 35.30Number of officers, 35.31Powers, 35.32(C)Prior reserve officers, 35.33Residency, 35.34

POOLROOMS (No Ordinance)

POSTING HANDBILLS, 96.11

PRAIRIE CREEK RESERVOIR, 95.18

MUNCIE CODE

CDi:22Supp. No. 13

TRAFFIC CODE (Cont'd.)Removal, 70.20(F)

Authority of traffic engineer to place and maintain, 79.12Avoidance of, prohibition of, 70.24Defacing, injuring, removing, or altering, prohibition of,

70.21Directional on private property, 70.20(A)Flashing red or yellow, 70.19Green, yellow and red, 70.17Legend of, 70.17Legibility for enforcement, 70.22Manual and specifications of state highway commission,

conformance to, 79.13Obedience required, 70.15Official, 79.13Pedestrians to obey, 73.01Pedestrian walk and wait signals, 70.18Preferential right-of-way, 70.16Proper position for enforcement, 70.22Stop or yield signs, 70.16Timing, authorization for, 70.23Unauthorized, 70.20(A)

Nuisance, 70.20(F)Removal, 70.20(F)

Traffic engineer, 79.07 (See also subtopics hereunder andTRAFFIC ENGINEER)

Traffic-safety report, 79.06Trailers, 75.01(D)Truck lane restrictions on state highways, 71.02Truck traffic, 78.10 (See also TRUCK TRAFFIC)Turn signal devices, electrical or mechanical, 71.19, 75.25,

75.38(B)Turns

Intersections, 71.15Rules and signal for making, 71.18

Unsafe condition of vehicle, prohibition of, 71.96, 75.01(A),(B)

U-turns, 71.16City streets, 71.17

Weight limits on certain streets, 78.03Whistles, 75.05(B)Windshields, 75.10(A)

Good working order, 75.10(D)Obstructions on, 75.10(B)Wipers on, 75.10(C)

Yield right-of-way signs, 71.27(C)Through highways, 71.29

TRAFFIC DIVISION, 31.08(D)

TRAFFIC ENGINEERAppointment of, 79.07(A)Bicycle paths designated by, 74.15Duties, 79.07-79.12 (See also TRAFFIC CODE)Establishment of office of, 79.07(A)Powers, 79.07(A) (See also TRAFFIC CODE)Signs erected by (See PARKING)Timing of traffic-control devices by, 70.23

TRAFFIC-CONTROL DEVICES (See TRAFFIC CODE)

TRAILERS, 75.01(D)

TRANSIENT MERCHANTS (See SOLICITORS, TRANSIENTMERCHANTS)

TRAVEL TRAILERS, 155.02(D)

TREE ORDINANCEAdministrative provisions, 97.13Applicability, 97.03Arborist license, 97.05City and street trees, 97.07Definitions, 97.04Development and redevelopment of property, 97.06Historic districts, 97.12Maintenance requirements, 97.08

Sidewalk and street clearance, 97.08(A)Topping, 97.08(B)

Public nuisance, 97.10Purpose and intent, 97.01Tree and stump removal, 97.09

Stump removal, 97.09(B)Tree removal, 97.09(A)

Tree protection, 97.11Urban forestry committee, 97.02

TRUCK TERMINALS (See ZONING CODE)

TRUCK TRAFFIC, 78.10Application of regulation, 78.10(B)City destination points, 78.10(E)Definitions, 78.10(A)Designated streets for use of, 78.10(D)

Maps of, 78.10(F)(1)Detours, 78.10(B)(1)(e)Emergency vehicles, 78.10(B)(1)(b)Enforcement, 78.10(F)Exemptions, 78.10(B)(1)Left turns, 78.10(B)(1)(d)Operation on street destination, 78.10(B)(1)(a)Public carriers, 78.10(B)(1)(f)Public utilities, 78.10(B)(1)(c)Routes established, 78.10(C)

Maps of, 78.10(F)(1)Traffic engineer to maintain signs, 78.10(F)(2)Weigh-in requirement, 78.10(F)(3)

U

UNFIT HABITATION AS NUISANCE (See DWELLINGS,STRUCTURES AND OTHER SUCH NUISANCES)

UNIFORM HOUSE NUMBERING SYSTEM (See HOUSENUMBERING SYSTEM)

UNSAFE BUILDING FUND, 152.15 (J)

UNSAFE BUILDINGS, 152.15 (See also BUILDING CODE)

URBAN FORESTRY COMMITTEETree ordinance, 97.02

URBAN HOMESTEADINGAcquisition of property, 160.03Administration, 160.02

CODE INDEX

CDi:31Supp. No. 13

URBAN HOMESTEADING (Cont'd.)Agreement

Failure to fulfill, 160.08Applications, 160.04

Approval procedure, 160.04Fees, 160.04(F)

Bid, 160.04(A)Board of Public Works and Safety to administer, 160.02Conveyance

Authorized methods of, 160.07Duties of recipients, 160.05Establishment of program, 160.01Failure to fulfill agreement, 160.08Fee simple title, 160.09Inspections, 160.06Open house, 160.04(H)Public sale of surplus property, 160.12Recipients, duties of, 160.05Rules and regulations, 160.10Surplus property, public sale of, 160.12Tax exemption, 160.11Title to property, 160.07

UTILITY COMPANIESElectric code inapplicable to, 153.12(C)

V

VACANCIESMayor, office of, 31.20-31.22

VACANT LOTS, 52.22

W

WAGESFiling schedule of wages, 30.42Penalties, 30.99Prevailing scale of wages, 30.40Prohibiting payment of less than prevailing scale of wages,

30.41Proof of compliance, 30.43

WASTE COLLECTIONPermits for, 52.36

Bond required for, 52.37Care of receptacles by holders, 52.38

Use of vehicles, 52.35

WASTEWATER TREATMENTAbbreviations, 53.02Accidental discharge/slug control plans, 53.17Administration, 53.03Affirmative defenses to discharge violations, 53.85 et seq.Alternate fog pretreatment programs, 53.63Analytical requirements, 53.52Appeals, 53.80Appeals, permit, 53.37Applications, 53.66Baseline monitoring reports, 53.43Bypass, 53.87Cease and desist orders, 53.76

WASTEWATER TREATMENT (Cont'd.)Changed conditions, report of, 53.47Civil penalties, 53.82Compliance monitoring, reporting, 53.43 et seq.Compliance orders, 53.75Compliance schedule progress report, 53.44Confidential information, 53.59Consent orders, 53.73Content of applications, 53.32Contents, permit, 53.36Damage to facilities, 53.92Decisions, permit, 53.34Definitions, 53.01Dilution, 53.10Discharge limits, 53.65Duration, permit, 53.35Emergency suspensions, 53.78Enforcement, 53.71 et seq.Enforcement response guide (ERG), 53.71Estimated volume, 53.90Existing connections, 53.28Extra jurisdictional users, 53.31Facilities required, when, pretreatment, 53.16Facility closure, 53.68Federal categorical pretreatment standards, 53.05Fines, administrative, 53.77FOG pretreatment, 53.61Fog pretreatment system requirements, 53.62General permits, 53.30Hauled wastewater, 53.19Hazardous waste discharge, notification of, 53.51Injunctive relief, 53.81Inspection, sampling, 53.57Liability insurance, 53.84Metered water supply, 53.88Metering of volume, diversions, 53.89Modification, permit, 53.38New connections, 53.29Noncompliance, determination of, 53.54Non-permitted industrial users, reports from, 53.49Notice of violation/repeat sampling and reporting, 53.50Notification of violation, 53.72Periodic compliance reports, 53.46Permit required, 53.27Permits, 53.26 et seq.Potential problems, reports of, 53.48Pretreatment, 53.16 et seq.Pretreatment equipment maintenance, 53.64Prohibited discharge standards, 53.04Prohibitions, general/specific, 53.86Publication of users in significant noncompliance, 53.60Rates and charges, 53.88 et seq.Record keeping, 53.56Reissuance, permit, 53.41Remedies nonexclusive, 53.83Revocation of permit, 53.40Sample collection, 53.53Sanitary district right of revision, 53.08Search warrants, 53.58Show cause hearing, 53.74

MUNCIE CODE

CDi:32Supp. No. 13

WASTEWATER TREATMENT (Cont'd.)Signatories, certification, application, 53.33Significant changes in facility operation, 53.67Special agreements, 53.09Specific pollutant limitations, 53.07State requirements, 53.06Surcharge costs, 53.91Survey, wastewater, 53.26Tenant responsibility, 53.18Termination of discharge, 53.79Timing, 53.55Transfer of permit, 53.39Underground storage tank wastewater, 53.20Upset, 53.85Vandalism of equipment, etc., 53.21Waste received from other jurisdictions, regulation of, 53.42

WATER SERVICEFluoride compound in water supply, 51.01

Periodic tests for content, 51.02Housing code, 155.30(B)Mobile home parks, 150.206(F)Subdivision regulations for, 151.38

WEAPONS (See FIREARMS AND WEAPONS)

WEEDS AND RANK VEGETATIONAppeals procedures, 98.07Control requirement, 52.20Definitions, 98.01Duty of property owners, 98.02Failure to abate; abatement by city, 98.05Fine for initial violation, 98.04Initial inspection; notice of violation, 98.03Removal, 52.21Unpaid fees and costs, 98.06Vacant lots, removal from, 52.22

Z

ZONING CODEAccessory use or structure, 150.23Administration, 150.230 et seq.Administrative officers, 150.231Administrative zoning officer, 150.232

Appointment, 150.232(A)

CODE INDEX

CDi:32.1Supp. No. 13

code of ordinances city of muncie, indiana ... clerk...supplement no. 13 september 2011 code of...

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