The public sewers of the city are governed by the provisions of this section.
A. Discharge: It is unlawful to discharge to any natural outlet within the city limits or city jurisdiction any sewage or other pollutant waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
B. Cesspools, Private Systems: It shall be unlawful to either construct, maintain, use, or permit to be used any cesspool, privy, or privy vault on any part of any lot or parcel of land in the city abutting a public sanitary sewer with which a sewer connection may be made, if said parcel of land is within five hundred feet (500') of said public sanitary sewer.
C. Water Service Terminated: Whenever any privy, privy vault, or cesspool is either erected, constructed or used, contrary to the provisions of this chapter on any premises in the city, the water supply from the city waterworks thereto shall be terminated and shall remain cut off until the BPUC is satisfied that such violation of this chapter has ceased and until the expense of turning off and turning on the water has been paid with whatever fine for violation of this chapter may be assessed. (2002 Code)
D. Use Required:
1. Facilities: When property abuts upon any public street or alley along which a public sanitary sewer has been constructed, the owner of any dwelling or commercial establishment on the property shall install sanitary sewer service therein and connect with the city sanitary sewer system in accordance with the provisions of this chapter within one hundred twenty (120) days after the date of mailing of official notice to do so by the city clerk. The notice shall be given to the owner or occupant or his authorized agent in writing by the city clerk on order of the city council. Said notice shall be delivered no sooner than one year after a city sanitary sewer main could serve the subject property and no longer than three (3) years after a city sanitary sewer main could serve the subject property. For existing nonusers, they shall have three (3) years from the passage of this subsection to comply with this absolute deadline. In addition, connection is required before the owner of said property sells or transfers title to said property or before repair or replacement of any existing well or septic system on the property. Said property owners must also inform the city clerk at least thirty (30) days before replacing any private septic on the property. For the purposes of this chapter, "abut" shall mean that the property is either contiguous to the city street served by city sanitary sewer or benefits from an easement that enables service from said city street whereby they could connect to city utilities without further consent from any other landowner. (Ord. 2010-1, 2-3-2010)
2. New Construction: As to nonabutting property which, in the case of residential use is within four hundred feet (400') and in the case of business or commercial use is within six hundred feet (600') of any public street or alley along which a public sewer system has been constructed, the owner shall, as to any new construction requiring sewer service, connect with the city sewer system in accordance with the provisions of this chapter, before any use or occupancy may be made of such premises.
3. Abandonment Of Existing System: Any existing business or commercial use which abandons an existing private sewer system must substitute it with a connection to the city sewer system, as opposed to any private sewer system.
4. Failure To Comply; City Action: Whenever any owner or occupant fails to comply with such written notice, the council shall, by resolution, direct that connection be made with the sewer system and the cost of the installation be paid in the first instance out of the general fund and then assessed against the property benefited. (2002 Code)
5. Nonuser Fees: Any property owner who has not connected to the city sewer system shall pay a fee set by the city council. However this nonuser fee shall not be due and payable in those instances where the property owner has such property homesteaded and owns also an adjacent homesteaded property which is hooked up to and served by the city sewer system. The fact, however, that such user sewer rate is being charged by the city or is being waived hereunder in no way waives or diminishes the right of the city to require any property owner to connect to such sewer system in accordance with the terms and provisions above. This nonuser fee shall be set from time to time by the city council if the property is not hooked up within one year after the adjacent city sewer system is operational, and shall be subject to change in the same manner as with sewer rates under section 8-2-14 of this chapter. The fact, however, that nonuser fees are being charged by the city shall not operate as a waiver of the required use provisions set forth in this section. In addition, no property owner may elect to pay nonuser fees unless they have their current septic system inspected pursuant to title 9, chapter 8 of this code and said system passes the inspection. (Ord. 2004-23, 12-21-2004)
6. Exemption: If any existing single-family residence is more than eight hundred feet (800') from the nearest available city utility connection lines, the homeowner may apply for an exemption agreement with the city which would exempt them from the connection requirements and nonuser fees as set forth above. Said agreement would be recorded against the property and may require connection upon subdivision or other changes to the lot. To apply for said exemption, the homeowner shall be required to present a septic system compliance certificate and the exemption agreement may require periodic inspection and compliance of said septic system. And, based upon the proximity of said septic system to wetlands, wells, lakes, rivers and streams, the homeowner may need to construct or modify their existing septic system to utilize better design and materials to prevent contamination of nearby natural resources. (Ord. 2008-10, 7-1-2008)
E. Preliminary Treatment: Where preliminary treatment facilities are required or provided for any wastes, they shall be maintained continuously in effective operation by the sewer user at its expense. Failure to do so shall void the right of sewerage system use and the BPUC reserves the right to discontinue service.
F. Control Manholes: The BPUC may as a condition of providing sewer service require a control manhole built on the building sewer at owner's expense to facilitate observation, sampling, inspection and measurement of wastes. Such manhole when required shall be accessible, safely located, and built in accordance with city standards for sewer manholes. The necessity of a control manhole will be based on sewage volume, whether it is a processing waste, or an industrial waste and whether the waste requires control within the operation to meet acceptable conditions for discharge to the sewage system.
G. Special Agreements: Nothing within this sewer chapter shall be interpreted to require the service of sewage wastes at published sewer rates when such waste may impair the system or cause a higher than normal expense in operation of the sewerage system. Nor shall the sewer section be interpreted to prohibit the handling of deleterious wastes, requirements for pretreatment, or sewer service rates higher than published rates on an agreement basis. Such agreements may be approved by the BPUC after considering the problems in handling, the effect on the sewerage system and the cost of handling the waste. Special agreements are not allowed which would: 1) cause the violation of the existing NPDES permit or state disposal system permit; and 2) allow any user subject to national categorical pretreatment standards to circumvent their requirements.
H. Entry On Premises: Duly authorized city and BPUC employees bearing proper identification shall, at reasonable times, be permitted to enter upon properties served by sanitary sewers for the purpose of inspection, measurement, sampling and testing in connection with operation of the sewer system.
I. Contractors' Responsibility: Contractors employed on city contracts, plumbers, and other persons engaged in construction or maintenance activity where there is connection to or danger of damage to the sewer system shall exercise particular care to protect the sewer system, and shall at all times protect, keep foreign materials out, and accomplish construction or connections in a neat and workmanlike manner. Failure to do so shall be a violation of this chapter and shall not stop the city from correcting the damage or removing the foreign material, if necessary on an overtime basis, and collecting the costs therefor. For other than immediate necessary repair or removal a five (5) day written notice shall be deemed adequate notice to the party to repair damage, correct faulty construction or remove material from the sewerage system.
J. Storm Water Connections: Roof, ground water or surface drain connections to the city's sanitary sewer system is prohibited.
K. Entrance Into Manholes: Entrance into sewer manholes or opening the same for any purpose whatever except by duly authorized city or BPUC employees or their agents is prohibited. (2002 Code)