§ 360-19. Options of superintendent for remedy.  


Latest version.
  • A. 
    If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters violate or exceed the limitations enumerated in § 360-18 and which, in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard of life or constitute a public nuisance, the superintendent may:
    (1) 
    Reject the wastes;
    (2) 
    Require pretreatment to an acceptable condition for discharge to the public sewers;
    (3) 
    Require control over the quantities and rates of discharge; and/or
    (4) 
    Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 360-24.
    B. 
    When considering the above alternatives, the superintendent shall give consideration, but not primary consideration, to the economic impact of each alternative on the discharger. If the superintendent permits the pretreatment or the equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent. If the superintendent elects to exercise one or more of his options as set forth within this § 360-33, it shall be the burden of the discharger to prove that after remedial action is taken the wastes meet all the requirements enumerated in §§ 360-17 and 360-18.