921.01 DEFINITIONS.

   Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows:

   (a)   “Board” means the duly constituted Sanitary Board of the City of Fairmont, West Virginia.

   (b)   “B.O.D.” or “biochemical oxygen demand” means the quantity of oxygen expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory procedures of five days at twenty degrees Centigrade.

   (c)   “Building drain” means that part of the lowest 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 customer’s service line, and/or to the lateral sewer.

   (d)   “City” means the City of Fairmont, West Virginia.

   (e)   “Customer” means a person, corporation, partnership or association, whether owner or tenant, utilizing sewer services furnished by the City to a property.

   (f)   “Customer service line” means the extension from the building drain of any structure to the lateral of a sanitary sewer controlled by the City.

   (g)   “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

   (h)   “Improved property” means any property located within the City upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewer and/or industrial wastes are or may be discharged.

   (i)   “Industrial waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows.

   (j)   “Lateral” means that part of the sewer system extending from a sewer located in the street to the curb line; or, if there is no curb line, to the property line; or, if no such lateral is provided, then “lateral” means that portion of, or place in, a sewer which is provided for connection of any customer service line.

   (k)   “Manager” means the superintendent of sanitary sewer facilities and of wastewater treatment works of the City, sometimes known as the Engineer/Manager, or authorized deputy, agent or representative.

   (l)   “Natural outlet” means any outlet, including storm sewers and combined sewers, which overflows into a watercourse, pond, ditch, lake or other body of surface or groundwater.

   (m)   “Owner” means any person, corporation, partnership or association vested with ownership, legal or equitable, sole or partial, in any real property.

   (n)   “Person” means any individual, firm, company, association, society, corporation, partnership or group.

   (o)   “pH” means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution.

   (p)   “Right of way” or “easement” means an acquired legal right for the specific use of land owned by others.

   (q)   “Sanitary sewage” means normal water-carried household and toilet wastes from any improved property. The preferred term is “wastewater”.

   (r)   “Sanitary sewer” means a sewer controlled by the City that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions.

   (s)   “Sewer” means any pipe or conduit that carries wastewater, domestic drainage, sanitary wastes or industrial wastes.

   (t)   “Sewer system” means all wastewater facilities, owned by the City, for collecting, pumping, treating and disposing of sanitary sewage or industrial wastes.

   (u)   “Significant industrial user” means any industrial user that will contribute greater than ten percent (10%) of the design flow or design pollutant loading of the treatment works.

   (v)    "Single-family dwelling" means any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together, or by persons living alone.

   (w)    "Slug" means any discharge of wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes and is more than five times the average twenty-four hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

   (x)    "Suspended solids" means those solids which are visible and in suspension in the water. Included are the larger floating particles consisting of sand, grit, clay, fecal solids, paper, sticks of wood, particles of food and garbage, and similar materials.

   (y)    "Wastewater facilities" means the structures, equipment and processes required to collect, carry and treat domestic and industrial wastes and disposal of the effluent.
(Ord. 578. Passed 10-5-82.)

921.02 GENERAL PROVISIONS.

   (a)    This article has been enacted in compliance with requirements of the United States Environmental Protection Agency (EPA) and the West Virginia Department of Natural Resources (DNR).

   (b)    In accordance with EPA requirements this article shall be reviewed by the Board no less often than every two years. Particular items to be included in the review include the wastewater contribution of customers and customer classes and the total cost of operation and maintenance of the wastewater facilities. As a result of the review the Board, with the approval of Council, shall revise the effective rates and charges to accomplish the following:

      (1)    Maintain the proportionate distribution of operation and maintenance costs among customers and customer classes;

      (2)    Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance, including replacement, of the wastewater facilities; and

      (3)    Apply excess revenues collected from a class of customers to the costs of operation and maintenance attributable to that class for the next year and adjust rates accordingly.

   (c)    The Board will notify each user, at least annually, in conjunction with a regular bill, of the rates and that portion of the rates which are attributable to wastewater facilities services.
(Ord. 578. Passed 10-5-82.)

921.03 USE OF PUBLIC SEWERS REQUIRED.

   (a)    No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under jurisdiction of the City any human or animal excrement, garbage or objectionable waste.

   No person shall discharge to any natural outlet or stream within the City, or in any area under the jurisdiction of the City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article, as well as with applicable regulations of the EPA, DNR and the West Virginia Department of Health.

   (b)    Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, sinkhole, septic tank, cesspool or other facility intended for wastewater disposal or storage on any property which is presently served by a sanitary sewer of the City.

   (c)    The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting any street, alley, right of way or easement in which there is now located or may hereafter be located a public sanitary sewer of the City, are hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sanitary sewer in accordance with the provisions of this article. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be conducted into the sanitary sewer, subject to such limitations and restrictions as are established herein or otherwise shall be established by the Board from time to time.

   (d)    Every privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the Board, shall be cleansed and filled at the expense of the owner, and any such receptacle not so abandoned and/or cleansed and filled, shall constitute a public nuisance and such nuisance may be abated as provided by law.

(Ord. 578. Passed 10-5-82.)

921.04 PUBLIC SEWERS AND EXTENSIONS.

   (a)    The Board shall be responsible for maintenance and protection of all public sanitary sewers.

   (b)    All extensions of the sanitary sewers shall be approved by the Board and shall comply with applicable rules and regulations of DNR and the West Virginia Department of Health.

   (c)    Any person or agency, public or private, paving or repairing a road under which a sanitary sewer has been laid shall be responsible for adjusting the height of manhole frames and covers to make them flush with the road surface.

   (d)    Any person or agency, public or private, changing the elevation of the ground surface above a sanitary sewer shall be responsible for adjusting manhole elevations, correcting sewer structural problems, relocation of sewers, and/or making any other changes directed by the Board that shall be required to protect the sewer and provide access to the sewer.

(Ord. 578. Passed 10-5-82.)

921.05 WRITTEN APPLICATION FOR SERVICE.

   (a)    A written application for a sewer connection permit shall be made to the Board, on official forms provided by the Board, by all property owners not connected at the time of adoption of this article who are required by this article to connect to the sewer system, or who desire to connect their properties to the sewer system. The application must be completed and must describe the location of the desired sewer connection, and the size, location and usage of the structure for which the sewer connection is requested. Each application for connection will be entertained only for improved properties and for properties on which bona-fide construction has begun for a structure requiring sewer service.

   (b)    For all those applications for sewer service permits filed with the Board a connection permit fee shall be due and payable on the day that application is made. A connection permit fee shall be paid by the owner of each parcel of improved property that is to be connected to the sewer system and no such connection shall be made until the fee has been deposited with the Board. A connection permit fee shall be due from each improved property regardless of whether or not connection to the sewer system is made by the owner on a voluntary or compulsory basis at the time.

   (c)    Upon the receipt of a properly prepared application for connection to the sewer system, together with the required fees, the Board shall issue a sewer connection permit to the owner of the property, or to his authorized representative. Neither the owner or nor any subsequent owner or tenant shall allow any other property to be attached to or connected with the sewer lines authorized under the original permit.

   (d)    In cases whether the Board will transport and treat wastes or users located outside of the City's political jurisdiction, a written agreement between the City and the political jurisdiction in which such users are located, if there be one, shall be required as a prerequisite for obtaining a sewer connection permit. Such agreement shall provide that the outlying political jurisdiction will institute a system of user charges acceptable to the EPA, DNR and the West Virginia Public System Commission.

(Ord. 578. Passed 10-5-82.)

921.06 CUSTOMER SERVICE LINES.

   (a)    No unauthorized person shall uncover, make any connections with, or opening into, use, alter or disturb any sanitary sewer or appurtenance of the Board without first obtaining a written permit from the Manager.

   (b)    There shall be two classes of sewer service permits: one for residential and commercial service, and one for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Board. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Board or its Manager. An adequate and responsible bond shall be required and delivered to the Board for the purpose of repairing and replacing any damage done to any public street or way by reason of such installation of a sewer connection or a sewer before such a permit is issued. The Director of Public Works shall determine the amount of such bond.

   (c)    All costs and expenses incidental to the installation, connection and maintenance of the customer service line shall be borne by the owner. The owner shall indemnify the Board and the City from any loss or damage that may directly or indirectly be occasioned by the installation of the customer service line, and such installation shall be done by a certified plumber or a person approved by the Manager under whose supervision the installation shall be made.

   (d)    A separate and independent customer service line shall be provided for every building or series of buildings located on a single parcel of land owned by the applicant. Old building sewers may be used in connection with new customer's service lines only when they are found on examination by the Manager, to meet all requirements of this article.

   (e)    The slope, alignment and materials of construction of a customer service line, 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 sanitary sewer specifications used by the Board. All customers’ service lines must be a minimum of four inches in diameter and must be of standard strength vitrified clay pipe provided with ASTM C-425 type special joints, medium weight ductile iron pipe with o-ring rubber joints, Class 2400 asbestos-cement pipe, or polyvinyl chloride (PVC) sewer pipe meeting ASTM Specification 2729. Adequate soil cover to protect the service line from crushing or frost action is required. No customer service line shall be laid in the same trench with any gas and/or water lines and must be separated by at least ten feet from any water line. The slope of the customer service line shall be no less than one-eighth inch per foot. All excavations for customer service line 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 Board.

   (f)    The customer service line shall be connected to a sewer at the place designated by the Manager and shall be made by the Board employees under the supervision of the Manager.

   The invert of a customer service line at the point of connection shall be at the same or higher elevation than the invert of the sewer.

   (g)    No person shall make connection of roof downspouts, foundation, drains, areaway drains, or other sources of surface runoff or groundwater to a customer service line or lateral sewer which in turn is connected directly or indirectly to a sanitary sewer. Upon determination that this type of connection has been made, the Board shall cause the owner to be notified by certified mail that he shall remove such connections within thirty days. Should the owner fail to do so, penalties called for under Section 921.99(b) shall be invoked.

   (h)    The applicant for the sewer service permit shall notify the Manager when the customer service line is ready for inspection and connection to the public sewer. The connection and testing shall be made by the Manager or his representative.

   (i)    Except as otherwise provided in this article, each improved property shall be connected separately and independently with a lateral through an independent customer service line. Grouping of more than one improved property on one customer service line shall not be permitted except under special circumstances and for good sanitary reasons or other good causes shown and then only after special permission of the Manager as may be prescribed by the Board; provided, however, a single customer service line may be permitted to multiple unit property.

   (j)    Where an improved property, at the time connection to a public sewer is required, is served by its own sewage disposal system or device, the existing sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such sewer line as a customer service line. The Manager may, at his discretion, permit the utilization of an existing sewer line provided an inspection discloses that it is reasonably true to grade and alignment and in good condition. In case of an existing sewer line utilizing a type of sewer pipe not specified herein, the Manager shall have the right to require the owner to uncover the full extent of the pipe to determine its condition and may require its replacement with approved pipe as outlined herein if the inspection discloses such pipe to be deteriorated in any manner. The cost of replacing the pipe where necessary, shall be the sole responsibility of the owner thereof.

   (k)    No customer service line shall be covered until it has been inspected and approved by the Manager or his representative. Every customer service line shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
(Ord. 578. Passed 10-5-82.)

921.07 PRIVATE SEWAGE DISPOSAL.

   (a)    Where a sanitary sewer is not available under the provisions of Section 921.03, the customer service line shall be connected to a private sewage disposal system complying with the provisions of this section.

   (b)    Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Manager. The application for such permit shall be made on a form furnished by the Board, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Manager. A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the Board at the time the application is filed.

   (c)    A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Manager. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Manager when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight hours of the receipt of notice by the Manager.

   (d)    The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the West Virginia Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or sewage from other private sewage disposal system shall be permitted to discharge to any sewer or natural outlet.

   (e)    At any time as a sanitary sewer becomes available to a property served by a private sewage disposal system, as provided in Section 921.03, a direct connection shall be made to the sanitary sewer in compliance with this article and any septic tanks or other private sewage disposal facilities shall be abandoned and filled with suitable material.

   (f)    The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Board.

   (g)    No statement contained in this rule shall be construed to interfere with any additional requirements that may be imposed by the Health Officer having jurisdiction over private sewage disposal systems.

(Ord. 578. Passed 10-5-82.)