927.03 WASTE MATERIALS PROHIBITED; BUILDING SEWERS; TESTS; INSPECTIONS; APPEALS.
   (a)    Definitions.  As used in this section and in ordinances establishing rates and charges for the use of the City's sanitary sewerage system the following terms are defined as follows:
      (1)    "Billed discharge" means the total volume of sewage discharge to the sewage system, as measured or estimated by the Director of Public Service, upon which the total sewer service charge is based.
      (2)    "B.O.D." (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at twenty degrees centigrade, expressed in milligrams per liter (mg/l) by weight.
      (3)    "Commercial user" means any user of the sewage system not specifically categorized by the Director of Public Service as residential or industrial and generally classified in the Standard Industrial Classification (S.I.C.) Manual of the United States Office of Management and Budget, as amended and supplemented, in Division F - Wholesale Trade; Division G - Retail Trade; Division H - Finance, Insurance and Real Estate; and portions of Division I - Services and Division J- Public Administration.
      (4)   "Debt service" means the portion of the sewer service charge that is designated for the retirement of and interest on bonds and/or notes which have either been authorized and issued or which may be authorized and issued by the City of Cuyahoga Falls to construct sewage system facilities.
      (5)   "Domestic waste" means waterborne waste from residences, business buildings, institutions and industrial establishments contributed by reason of human occupancy and which is discharged from sanitary plumbing facilities.
      (6)    "Field monitoring" means the portion of the sewer service charge that is designated by the Director of Public Service for the recovery of costs incurred by the City for measuring, sampling, testing and analyzing wastewater discharges.
      (7)    "Industrial user" means any nongovernmental user of the sewage system not specifically categorized by the Director of Public Service as residential or commercial and generally classified in the Standard Industrial Classification (S.I.C.) Manual of the United States Office of Management and Budget as amended and supplemented, in Division A - Agriculture, Forestry and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communications, Electric, Gas, and Sanitary Service; Division I - Services. A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic waste or wastes from sanitary conveniences.
      (8)    "Industrial waste" means the liquid waste from industrial, manufacturing processes, trades or businesses as distinct from sanitary wastewater.
      (9)    "Infiltration" means the water entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
      (10)   "Inflow" means the water discharged into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters or drainage. Inflow does not include and is distinguished from infiltration.
      (11)    "NPDES Permit" means the permit issued under the National Pollutant Discharge Elimination System to the City of Akron for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of the Clean Water Act, as amended.
      (12)    "Operation and maintenance" means the act of keeping all facilities for collecting, pumping, treating and disposing of sewage in a good state of repair and functioning properly including the replacement, as defined below, of such facilities when necessary.
      (13)    "Pretreatment" means application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned sewage system.
      (14)    "Pretreatment standards" means all applicable federal rules and regulations implementing Section 307 of the Clean Water Act, as amended, as well as any nonconflicting State and local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
      (15)    "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
      (16)    "Replacement" means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewage system to maintain the capacity and performance for which such system was designed and constructed.
      (17)    "Residential user" means any user discharging domestic wastes from buildings or premises that are used as permanent places for human occupancy such as single family dwellings, rowhouses, townhouses, mobile homes, garden and standard apartments and high rise apartments. Transient lodging, considered commercial in nature, shall not be included under the definition of residential user.
      (18)    "Sewage" means the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellars, floor drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains, stable floor drains, including domestic wastes, industrial wastes, and inflow and infiltration which is discharged into the sewage system of the City of Cuyahoga Falls, by users of the system, for sewage treatment.
      (19)    "Sewage system" means mains, collecting lines, pumping stations, sewage treatment facilities and any and all other appurtenances common to such systems.
      (20)    "Sewer service charge" means the total charge which is assessed users of the sewage system. The sewer service charge includes user charges plus the cost of debt service, the cost of collection and treatment of infiltration and inflow, the cost of field monitoring and any other cost that is incurred by the City of Cuyahoga Falls in the operation of the sewage system.
      (21)    "S.S. " (suspended solids) means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
      (22)    "User" means any person, individual, firm, company, association, society, corporation, group, entity or governmental subdivision which discharges or is responsible for the discharge of sewage into the sewage system of the City of Cuyahoga Falls.
      (23)    "User charge" means the charge assessed users of the sewage system to recover a user's proportionate share of the cost of operation, maintenance and replacement of the sewage system pursuant to regulations of the United States Environmental Protection Agency.
      (24)    "Utility billing charge" means the portion of the sewer service charge that is determined by the Director of Public Service for the recovery of the cost of meter reading, billing and collecting and accounting for sewer service charges.
      (25)   "Wastewater" means a combination of water-carried waste from residences, buildings, business buildings, institutions and any other industrial establishment together with such ground, surface or storm water as may be present.
   (b)    Nonacceptable Wastes. No user shall discharge or deposit or cause or allow to be discharged or deposited into the sewerage system any wastewater which contains:
      (1)    Any liquid or vapor having a temperature higher than 149 degrees Fahrenheit (sixty-five degrees Centigrade);
      (2)    Any substance which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit and 149 degrees Fahrenheit (zero degrees Centigrade and sixty-five degrees Centigrade);
      (3)    Oil and grease concentration or amounts from industrial facilities violating federal pretreatment standards;
      (4)    Wastewater from industrial facilities containing floatable fats, wax, grease or oils;
      (5)    Wax, grease or oil concentration of mineral origin exceeding fifty milligrams per liter whether emulsified or not;
      (6)    Wastewater having a pH of less than five or more than ten;
      (7)    Liquids, solids or gasses which by reason of their nature of quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (L.E.L.) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
      (8)    Noxious or malodorous solids, liquids or gasses which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent entry into a sewer for its maintenance and repair;
      (9)    Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half inch in any dimension;
      (10)    Solid or viscous wastes which shall or may cause obstruction bo the flow in a sewer, or otherwise interfere with the proper operation of the wastewater treatment system. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances;
      (11)    Wastewaters at a flow rate or containing such concentrations or quantities or pollutants that exceeds for any time period longer than fifteen minutes, five times the average twenty-four hour concentration, quantities or flow during normal operation or any flow rate or quantities or pollutants that would cause a treatment process upset and subsequent loss of treatment efficiency;
      (12)    Any unpolluted waters which will increase the hydraulic loading on the plant including, but not limited to, any storm water, surface water, groundwater, roof run-off water, subsurface drainage, uncontaminated cooling water or uncontaminated industrial process waters. This applies strictly to all new connections. All existing connections may be approved or rejected after review of hardship and/or other considerations by the Director of Public Service;
      (13)    Radioactive wastes or isotopes of such half-life or concentration that they do not comply with municipal, State or federal regulations or orders issued by the appropriate authority having control over their use and which shall or may cause damage to the sewerage facilities or create dangerous or hazardous conditions for the personnel operating the system;
      (14)    Waste with objectionable color not removable by the treatment process;
      (15)    Any waste which will cause corrosion or deterioration of the sewage system. All wastes discharged to the public sewer system must have a pH value in the range of 5.5 to 10 standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products;
      (16)    Concentrations of the following substances exceeding the indicated tolerable limits:
 
Toxic or Harmful Substance
Tolerable Limits (mg/l)
Arsenic
0.5
Barium
2.0
Boron
5.0
Cadmium
0.5
Chromium (Total)
2.0
Chromium (Trivalent)
1.0
Chromium (Hexavalent)
1.0
Copper
1.0
Cyanide
1.0
Iron
5.0
Lead
0.5
Manganese
2.0
Mercury
0.02
Nickel
2.0
Phenolic Compounds
5.0
Selenium
0.10
Silver
0.05
Zinc
2.0
pH
5.0 - 10.0
Temperature
Not over 150 degrees F (except where higher temperatures are permitted by law.)
      (17)    Any substance determined by the Director to be toxic in concentration in excess of tolerable limits as promulgated by the Director;
      (18)    Any substance in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency;
      (19)    Any chemical elements or compounds or other taste or odor producing substances which are not susceptible to treatment or that will pass through the system;
      (20)    Any chemical elements or compounds or other substances which may interfere with the biological process or efficiency of the treatment system; or
      (21)    Any discharge which would violate the NPDES Permit and/or the Pretreatment Program of the City of Akron.
   (c)    Exceptions.
      (1)    In special cases of low volume users the concentrations of toxic or harmful substances established in subsection (b)(16) and (17) hereof may be exceeded if the Director determines that the total quantity of toxic or harmful substances discharged to the sewage system is not harmful to the public safety, and will not interfere with the sewage treatment process, and will not affect or violate water quality or effluent standards.
      (2)    Such exception may be terminated at any time by the Director if the intro duction of such substances is determined to no longer meet requirements of subsection (c)(1) hereof for any reason, including but not limited to, actions of the users of the sewage system.
   (d)    Control of Nonacceptable Wastes.
      (1)    If wastewaters containing any substance described in subsection (b) hereof are discharged or proposed to be discharged into the City sewage system or to any sewer system tributary thereto, the Director may take any action necessary to:
         A.    Prohibit the discharge of such wastewater;
         B.    Require a discharger to demonstrate that in-plant modification shall reduce or eliminate the discharge of such substances in conformity with this section;
         C.   Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge shall not violate these rules and regulations;
         D.    Require the person taking, causing or allowing the discharge to pay any additional cost or expense incurred by the City for handling and treating excess loads imposed on the treatment systems; and
         E.    Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this section.
      (2)    Users required to pretreat or equalize wastewater flows prior to discharge into any part of the sewage system shall submit plans, specifications and other pertinent data relating to such pretreatment or flow-control facilities to the Director for review and approval prior to installation. Approval by the Director shall not exempt the user, the facilities, or the rule, regulation or order of any governmental authority. No user shall make any subsequent alterations or additions to such pretreatment or flow- control facilities before obtaining the prior approval of the Director.
      (3)    Users required to pretreat or equalize wastewater flows shall maintain and repair facilities required to do so in good working order and shall operate such facilities as efficiently as possible at their own cost and expense including such reporting devices and procedures as the Director shall require to insure compliance with any applicable pretreatment regulations. The maintenance, operation and repair of such facilities shall be subject to all other applicable codes, laws and ordinances.
      (4)    Users shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter by the installation, maintenance, operation and repair at their own cost and expense of such facilities as are necessary as determined by the Director. If so ordered by the Director, users shall submit detailed plans showing facilities and operating procedures to provide this protection for review and approval by the Director prior to construction of such facilities. Such review and approval shall not relieve any user from responsibility to modify his plans, facilities or operating procedures as necessary to meet the requirements of this chapter.
      (5)    If a user fails or refuses to submit acceptable plans in accordance with subsection (d)(3) hereof, the Director may draw, or cause to be drawn, acceptable plans for such user at such user's expense.
   (e)    Tests, Measurements and Analysis.
      (1)    All tests, measurements and analysis of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with "Standard Methods for the Examination of Water and Wastewater", latest edition, and shall be determined at the control manhole provided therefor, or upon suitable samples taken at the nearest downstream manhole. In the event that no special control manhole is provided, the Director may, at his option, order users discharging industrial wastes into the sewage system to construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of his wastewater. Control manholes, access facilities and related equipment shall be installed and maintained by the user, at his expense, and shall be maintained in a safe condition, accessible and in proper operating condition, at all times. Plans for the installation of the control manholes or access facilities and related equipment shall be approved by the Director prior to the beginning of construction.
      (2)    Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the Akron Water Pollution Control Station and to determine the existence of hazards to life, limb and property. Composite samples shall be taken normally. The total time and frequency (such as twenty-four hours and at fifteen minute intervals) of a particular sampling operation shall be determined by the Director as experience and prevailing conditions indicate.
   (f)    New Sewers. All new sanitary sewers within the City shall be designed and constructed in accordance with the most recent edition of "Recommended Standards for Sewage Works, Great Lakes-Upper Mississippi, River Board of State Sanitary Engineers" (commonly referred to as "Ten States Standards"), and the design shall be approved by the Ohio Environmental Protection Agency and the Director of Public Service prior to their construction.
   (g)    Building Sewers and Connections.
      (1)    No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any City sanitary sewer or appurtenance thereof without first obtaining a written permit therefor from the Director.
      (2)    All costs and expense incident to the installation and connection of a building sewer shall be borne by the owner of the building and/or property to which such connection is proposed to be made. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of a building sewer.
      (3)    A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
      (4)    Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director to meet all requirements of this section.
      (5)    The size, slope, alignment and construction materials of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to all applicable codes, rules and regulations of the City.
      (6)    Whenever possible, the building sewer shall be brought to 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 a City sanitary sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
      (7)    No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface run-off or groundwater to a building sewer, or building drain which in turn is connected directly or indirectly to a City sanitary sewer.
      (8)   The connection of the building sewer into the City sanitary sewer shall conform to all applicable codes, rules and regulations of the City. All such connections shall be made gastight and watertight. Any deviation from prescribed procedures and materials shall be approved by the Director before installation.
      (9)   The applicant for the building sewer permit shall notify the Director, or his representative, when the building sewer is ready for inspection and connection to the City's sanitary sewer. The connection shall be made under the supervision of the Director or his representative.
      (10)    All excavations for building sewer installation shall be adequately guarded 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.
      (11)   No connection to the City's sanitary sewerage system shall be allowed if the Director determines that sufficient capacity is not available therefor in all downstream facilities of the City's sanitary sewerage system.
   (h)    Right of Inspection by City. Authorized City employees bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this section. They shall have no authority to inquire into any processes beyond that point having a direct bearing on the nature and source of wastewaters and their volumes and points of entry into the wastewater collection system. They shall observe all safety regulations which are applicable to the premises.
   (i)    Special Agreements. Nothing in this section shall be construed as preventing any special agreement or arrangement between the City and any user of the sewage system whereby wastewater of unusual strength of character is accepted into the system and specially treated subject to any payments, user charges or surcharges or any other additional charges that may be applicable.
   (j)    Right of Appeal Procedures. If a discretionary determination or order by the Director, when such action is in accordance with any of the provisions of this section is believed unacceptable by any user of the sewage system, he shall have the right of appeal as follows: He shall have the right to appeal any such determination or order to Council by serving written notice of such appeal on the Director within ten days after receipt of written notice of such determination or order and filing such appeal with the Clerk of Council within thirty days thereafter. Council, shall at its next regular meeting following the filing, hear such appeal. Council may affirm, disaffirm or modify the decision or order of the Director and its judgment in the matter shall be final.
   (k)    Violations; Notice. Any person found violating any of the provisions of this section shall be served by the City with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. If the offender continues the violation after the expiration of the time stated, the Director may prohibit the further use of the wastewater collection and treatment system by the offender and may remove or close the offender's water and wastewater connections.
   (l)    Penalty.
      (1)    The penalties set forth in Section 927.99 shall not apply to this section.
      (2)    Whoever continues any violation beyond the limit of time provided for in this section is guilty of a misdemeanor and shall be fined not more than ten thousand dollars ($10,000). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
      (3)    In addition to subsection (l)(1) (2) hereof whoever discharges substances in violation of this section shall be liable for all damages as a result thereof.
         (Ord. 109-1985. Passed 9-9-85.)