8-3-1: DEFINITIONS:
8-3-2: USE OF PUBLIC SEWERS REQUIRED:
8-3-3: FAILURE TO CONNECT:
8-3-4: PRIVATE WASTEWATER DISPOSAL:
8-3-5: PERMIT REQUIRED:
8-3-6: APPLICATION FOR PERMIT:
8-3-7: FEES, RATES AND CHARGES; PAYMENTS:
8-3-8: SANITARY SEWER, BUILDING SEWER AND CONNECTION REGULATIONS:
8-3-9: ANNUAL REVIEW OF OPERATIONAL COSTS:
8-3-10: DISCHARGE REGULATIONS:
8-3-11: DAMAGE OR DESTRUCTION OF FACILITIES PROHIBITED:
8-3-12: POWERS AND AUTHORITY OF INSPECTORS:
8-3-13: VIOLATIONS; PENALTY:
8-3-1: DEFINITIONS:
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
ADDENDUM: The document entitled "Calculations Of User Fees; Sewer Use Charge System". The addendum is incorporated in this chapter and on file in the city office.
BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter.
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal, also called house connection.
CESSPOOL: An underground reservoir for liquid waste (as household sewage).
CITY: Wellsville City, Cache County, Utah.
CLASS: A classification of volume of use as described hereinafter.
COMBINED SEWER: A sewer intended to receive both wastewater and stormwater, or surface water.
EASEMENT: An acquired legal right for the specific use of land owned by others.
EXTENSION: When a resident or entity requests to connect onto the end of an existing sewer line, and continues to add additional footage to the sewer system.
FLOATABLE OIL: Oil, fat or grease in physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE: All waste resulting from residences, commercial trades, or businesses and institutions. Commercial and industrial waste shall be distinct from domestic or household sanitary wastes.
GOVERNING BODY: The mayor and council members of the city.
HEAVY AND LIGHT COMMERCIAL AND INDUSTRIAL USERS: Any industrial or commercial user who discharges waste into the system with a higher than normal biochemical oxygen demand, or greater than normal total suspended solids.
INDUSTRIAL WASTES: The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
MAY: Is permissive (see definition of Shall).
NATURAL OUTLET: Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.
PERSON: Any individual, firm, company, association, society, corporation or group.
pH: The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
PRIVY: A small building having a bench with holes through which the user may defecate or urinate.
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension.
PUBLIC SEWER: A common sewer controlled by a governmental agency or public utility.
RESIDENTIAL FLOWS: The calculated average and/or standard flow expected from a single-family dwelling based on wintertime culinary water usage. A residential flow volume is normally fifteen thousand (15,000) gallons per month and its strength is two hundred fifty milligrams per liter (250 mg/l) TSS (total suspended solids) (see definition of Suspended Solids), and two hundred milligrams per liter (200 mg/l) BOD (biochemical oxygen demand). Rates for volume and strength of residential flow are as set out in addendum A.
SANITARY SEWER: A sewer that carries liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SEPTIC TANK: A tank in which the solid matter of continuous flowing sewage is disintegrated by bacteria.
SEWAGE: The spent water of community. The preferred term is "wastewater".
SEWER: A pipe or conduit that carries wastewater or drainage water.
SHALL: Is mandatory (see definition of May).
SLUG: Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STORM DRAIN (SOMETIMES TERMED STORM SEWER): A drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.
SUPERINTENDENT: The city manager of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the city, or his authorized deputy, agent or representative.
SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering prescribed in "Standard Methods For The Examination Of Water And Wastewater" and referred to as filterable residue.
SYSTEM: The sewer, wastewater or combined wastewater and stormwater or surface water facilities of the city.
UNPOLLUTED WATER: Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provide.
WASTEWATER: The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and stormwater that may be present.
WASTEWATER FACILITIES: The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes, and dispose of the effluent.
WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant".
WATERCOURSE: A natural or artificial channel for the passage of water, either continuously or intermittently. (1991 Code § 13.04.010, as amended; amd. 2009 Code)
8-3-2: USE OF PUBLIC SEWERS REQUIRED:
A. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste.
B. It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, or within three hundred feet (300') of the system is required, at the owner's expense, to install suitable sewer facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this section, within sixty (60) days after date of official notice to do so; provided, that such sewer is within three hundred feet (300') of the owner's property line1. (1991 Code § 13.04.020, as amended)
E. To evidence compliance with the requirements of this section, the city adopts this penalty and compensatory sanctions, the violation of which shall constitute a class B misdemeanor. (1991 Code § 13.04.020, as amended; amd. 2009 Code)
1. Under the authority of Utah Code Annotated section 10-8-15, as amended, the city exercises a municipality's extraterritorial jurisdiction to protect its culinary water system and its source from exposure to underground percolation from any ecological injury, pollution on or contamination of the watershed or exposure of the system and water polluting underground perculations influencing the culinary waterworks source, whether inside or outside the incorporated city. Utah Code Annotated section 10-8-15, as amended, is incorporated as part of this chapter. (1991 Code § 13.04.020, as amended)
2. The city, under the authority of Utah Code Annotated section 10-8-38, as amended, declares that all lands (whether inside or outside the incorporated city) within three hundred feet (300') on either side of, or one thousand five hundred feet (1,500') above the collection or interceptor line and the inlet facilities of each and all of the collection, interception and inlet facilities, or one or any combination of the same (the system), are a part of the wastewater facilities of the city and the system, and the city requires that the owner or occupant of any land upon which any structure is located and on the nearest property line of any kind within three hundred feet (300') of any lateral, interceptor or collection portion of the system shall connect to the system, the failure of which shall constitute a public offense and punishable by law as a class B misdemeanor. Utah Code Annotated section 10-8-38, as amended, is incorporated as part of this chapter. As of December 11, 1996, no dwelling for human occupancy shall be allowed to be built west of 100 East, unless it is on the municipal sewer system, except with the written approval of the city council and the city engineer. All costs incurred by the city in considering the request will be reimbursed to the city by the requester. (1991 Code § 13.04.020, as amended; amd. 2009 Code)
8-3-3: FAILURE TO CONNECT:
It shall be a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to fail to connect to the sewer system who is the owner of any structure whose outermost property line is within three hundred feet (300') of the sewer system, by a fine of not less than fifty dollars ($50.00) for each day of violation and each day of failure to connect shall be deemed a separate offense. (1991 Code § 13.04.040, as amended; amd. 2009 Code)
8-3-4: PRIVATE WASTEWATER DISPOSAL:
A. When Permitted: Where a public sanitary or combined sewer is not available under the provisions of subsection 8-3-2D of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B. Application: Before commencement of construction of a private wastewater disposal system, the owner shall first obtain written permission from the city council, and signed by the city engineer. The application for such permit shall be made on a form furnished by Bear River health, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary. A permit and inspection fee shall be paid to Bear River health at the time the application is filed.
C. Inspection: Permission to use the system for a private wastewater disposal system shall not become authorized until the installation is completed in compliance with the approved plans applicable with all state and local codes and this chapter. Authorized city employees and employees of Bear River health, shall be allowed to inspect the work at any stage of construction. The applicant for the permit shall notify Bear River health when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of notice by Bear River health.
D. Compliance: The type, capacity, location and layout of a private wastewater disposal system shall comply with all recommendations of the Utah state department of environmental quality. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than twelve thousand (12,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. Connection To Public System: At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in subsection 8-3-2D of this chapter, a direct connection shall be made to the public sewer within twelve (12) months, in compliance with this chapter, and the private disposal system shall be disconnected and made inoperable.
F. Operation And Maintenance Of Facility: When a public sewer is not available, the owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, and at no expense to the city.
G. Additional Requirements May Be Imposed: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Utah state department of environmental quality. (1991 Code § 13.04.030, as amended)
8-3-5: PERMIT REQUIRED:
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from the city. (1991 Code § 13.04.040, as amended)
8-3-6: APPLICATION FOR PERMIT:
A. Required: In every case, the owner or agent shall make application on a form obtained from the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city manager and public works director.
B. Form Of Application:
1. The owner of any structure in the city, the property line of which is within three hundred feet (300') of the sewer line, shall connect to the sewer system upon an application in the form herein set out. (1991 Code § 13.04.040, as amended)
2. Each individual connection to the sewer system shall execute an application in such form as approved by the city council and on file in the city office. (1991 Code § 13.04.040, as amended; amd. 2009 Code)
8-3-7: FEES, RATES AND CHARGES; PAYMENTS:
A. Usage Determination: Usage fees shall be governed by a basic determinant of the amount of culinary water used at the premises, as measured by each culinary water meter as follows, based on average usage from October 15 to April 15 each year:
1. For residential services, up to fifteen thousand (15,000) gallons per month;
2. Amounts in excess of fifteen thousand (15,000) gallons per month shall be charged a surcharge based upon the formula set out in addendum A.
B. Calculation Of User Fees; Sewer Use Charge System: Addendum A, entitled "Calculations Of User Fees; Sewer Use Charge System", is incorporated by reference and made a part of this chapter and a part of the ordinances of the city, and its title shall be known and it may be referred to as "Addendum A, Calculations Of User Fees; Sewer Use Charge System", or merely, addendum A, in any document, pleading, or proceeding pertaining to the sewer or wastewater system of the city. References to addendum A shall also be made when there is ambiguous declaration or statement in this chapter or any ordinance of the city, and any resolutions or proceedings affecting the city sewer and wastewater system. The rates for connecting to and use on monthly or any other basis may be fixed and amended by resolution or ordinance. (1991 Code § 13.04.040, as amended; amd. 2009 Code)
C. Permit And Hookup Fee: A permit and hookup fee of four hundred dollars ($400.00) shall be charged.
D. Monthly Rates: Until otherwise provided by resolution or an amending ordinance, the monthly rates shall be as follows: (1991 Code § 13.04.040, as amended)
1. A minimum of twenty two dollars fifty cents ($22.50) per month per dwelling unit, commercial or industrial user; (Ord. 2007-08, 6-20-2007, eff. 7-31-2007)
2. Users in excess of fifteen thousand (15,000) gallons per month: an overage fee of one dollar fifty cents ($1.50) per one thousand (1,000) gallons will be charged.
E. Operation And Maintenance Costs: The governing body will, to promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based entirely upon metered winter water usage, and based on that usage, will be charged that rate for the next twelve (12) months, effluent strength by or solely upon the basis as defined above, or upon an equitable combination of any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among those based upon their usage of and benefit received from the system.
F. Installation Costs: All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be associated by the installation of the building sewer.
G. Liability For Payment Of Fees And Charges: Irrespective of the occupant, user, tenant, cotenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises, according to the records of the Cache County recorder, shall be legally responsible for the payment of all charges, fees, assessments and any other payment of all charges, fees, assessments, and any other obligation or liability of a user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by the city as a lien upon all of the real property on which any use is made from a sewer connection. Water service to delinquent property shall be turned off by the city for failure to pay any and all sewage and wastewater fees, assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the city for sewer service are paid in full.
H. Interest Charge On Delinquent Or Past Due Connection Fees: The mayor and city council may, at their discretion and in circumstances that are equitable, impose interest at the highest legal rate (but not to exceed 11/2 percent per month) on all past due accounts, either for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this chapter. (1991 Code § 13.04.040, as amended)
8-3-8: SANITARY SEWER, BUILDING SEWER AND CONNECTION REGULATIONS:
A. Separate Sewer Required: A separate and independent building sewer shall be provided for every building.
B. Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are examined and tested by the superintendent and found to meet all requirements of this chapter.
C. Extensions:
1. The cost of any extension of any sewer mainline will be borne entirely by the individuals or entity to which the service will be provided. On any paved street, it shall be required to bore under the road for all utility service lines, which include, but are not limited to, culinary water, sewer, telephone, natural gas, electrical power and cable television. The city does not allow the pavement to be cut, then compacted and resurfaced for utility lines2.
2. On any extension ("extension" means when an individual or entity requests to connect onto the existing sewer mainline, and continue to add additional footage to the sewer system), such individual or entity shall be required to extend the sewer mainline the entire frontage of the lot or the entire frontage of the subdivision. All extensions will be completed in accordance to city specifications.
D. Construction Methods: The size, slope, alignment, materials or construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing codes, or other applicable rules and regulations of the city and the state. In the absence of these code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF manual of practice no. 9 shall apply.
E. Elevation; Exception: Whenever possible, the building sewer shall be brought from the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where such means are necessary, the owner shall be responsible for all installations, maintenance and operating costs for their operation.
F. Surface Drainage: No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is approved by the city and the state department of environmental quality for purposes of disposal of polluted surface drainage.
G. Connection To Comply With Applicable Codes: The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes, or other applicable rules and regulations of the city and the state, or the procedures set forth in appropriate specifications of nationally recognized publications of which are known as the ASTM and the WPCF manual of practice no. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city before installation.
H. Barricades: All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (1991 Code § 13.04.040, as amended)
8-3-9: ANNUAL REVIEW OF OPERATIONAL COSTS:
A. The city shall review the total annual cost of operation and maintenance, long term debt service relating to the wastewater treatment works, as well as each user's wastewater contribution percentage, not less often than every year, and will revise the user charge system as necessary to assure equity of the system established in this chapter and to assure that sufficient funds are obtained from the city user charge system to:
1. Adequately operate and maintain the wastewater treatment works; and
2. Cover the debt service. (1991 Code § 13.04.050, as amended)
B. The addendum on file in the city office and entitled "Calculations Of User Fees; Sewer Use Charge System" shall be used for calculating rates. The addendum shall be used as a formula for calculating rates, fees and charges for connection use and access to the system. The addendum is adopted and made a part of this chapter. (1991 Code § 13.04.050, as amended; amd. 2009 Code)
8-3-10: DISCHARGE REGULATIONS:
A. Unpolluted Waters: No person shall discharge or cause the discharge of any unpolluted waters such as stormwater, surface water, ground water, roof runoff, subsurface drainage or cooling water to the sewer system.
B. Purchase Of Connection Required: No person or entity shall discharge or cause to be discharged into the public sewer unless they have purchased a connection onto the sewer system.
C. Prohibited Discharges; Liability For Damages:
1. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
b. Any waters containing toxic or poisonous solids, liquids, or other wastes, to contaminate or interrupt any sewage treatment process, constitute a hazard in or have an adverse effect on the waters receiving any discharge from the sewer works;
c. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works; and
d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
2. Each user which discharges any toxic pollutants which cause damage to the city treatment works shall be liable to the city for such damage and for all expenses incurred by the city in repairing those treatment works.
D. Limitations: The following described substances, materials, waters or wastes shall be limited in discharges to the municipal system to concentrations or quantities which will not harm either the sewers, the sludge of any municipal system, the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, public property or constitute a nuisance. The city may set limitations more severe than the limitations established in the regulations of this subsection if such more severe limitations are necessary to meet the objectives of subsections A, B and C of this section. In setting these requirements, the city will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the city are as follows:
1. Wastewater having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (65o Celsius);
2. Wastewater containing more than twenty five milligrams per liter (25 mg/l) of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin;
3. Wastewater from industrial plants containing floatable oils, fat or grease;
4. Any garbage that has not been "properly shredded", as defined in section 8-3-1 of this chapter. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in commercial kitchens for the purpose of consumption on the premises;
5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the state for such materials;
6. Any waters or wastes containing odor producing substances exceeding limits which may be established by the state;
7. Any radioactive wastes or isotopes of such half life of concentration as may exceed limits established in compliance with applicable state or federal regulations;
8. Quantities of flow, concentrations, or both, which constitute a "slug" as defined in section 8-3-1 of this chapter;
9. Water or wastes containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed or are amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
10. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
E. Enforcement Authority Of City: If any water or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection C of this section, and which are determined by the city to have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city 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 wastes not covered by existing taxes or sewer charges under the provisions of this section. If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city and the state department of environmental quality;
4. Require submission of a plot plan of sewers on the user's property showing sewer and pretreatment facility location;
5. Require submission of details of wastewater pretreatment facilities;
6. Require details of systems to prevent and control the loss of materials through spills to the municipal sewer.
F. Standards Of Examination: All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis, subject to approval by the city.
G. Special Agreements And Arrangements: No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment. (1991 Code § 13.04.060, as amended)
8-3-11: DAMAGE OR DESTRUCTION OF FACILITIES PROHIBITED:
No persons shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is a part of the wastewater facilities. Any persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (1991 Code § 13.04.070, as amended)
8-3-12: POWERS AND AUTHORITY OF INSPECTORS:
A. Authority To Enter: Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the wastewater collection system in accordance with the provisions of this chapter.
B. Information Obtained: Duly authorized city employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.
C. Interceptors: Grease, oil and sand interceptors shall be provided when liquid wastes containing floatable grease in excessive amounts as specified in subsection 8-3-10D3 of this chapter, or any flammable wastes, sand or other harmful ingredients are introduced into public sewers; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the state plumbing code, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the city. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms.
D. Maintenance Of Facilities: Where pretreatment or flow equalization facilities are provided or required for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his own expense.
E. Monitoring Structure: It is required by the city that the owner of any property serviced by a building sewer, other than residential, shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling, measurements and recording of the wastes. Such structure shall be accessibly and safely located and shall be constructed in accordance with plans approved by the city. The structure and appurtenances shall be installed by the owner at his expense, and shall be maintained by the owner so that such is workable, safe and accessible at all times.
F. Determination Of Compliance: The city may require any user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
1. Wastewater discharge peak rate and volume over a specified time period;
2. Chemical analysis of wastewaters;
3. Information on raw materials, processes and products affecting wastewater volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer control.
G. Observance Of Safety: While performing the necessary work on private properties referred to in this chapter, duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
H. Private Properties With Easements: Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (1991 Code § 13.04.090, as amended)
8-3-13: VIOLATIONS; PENALTY:
A. Notice Of Violation: Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (1991 Code § 13.04.090, as amended)
B. Penalty: Any person who shall continue any violation beyond the time limit provided for in subsection A of this section, shall be guilty of a class B misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (1991 Code § 13.04.090, as amended; amd. 2009 Code)
C. Liability: Any person violating any of the provisions of this chapter shall become liable to the city for the expense, loss or damage occasioned by the city by reason of such violation. (1991 Code § 13.04.090, as amended)
Footnotes
Footnote 1: See also subsection 4-7-3B of this code, section 8-1E-13 of this title, and subsections 11-5-7C1 and 11-5-7D of this code for 300 foot connection requirements.
Footnote 2: See also sections 7-2-2 and 7-4-12 of this code, and section 8-1E-14 of this title.