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(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.)
(Ord. 578. Passed 10-5-82.)
(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.)
(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.)
(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.)
(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.)
(Ord. 578. Passed 10-5-82.)
(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.)
(a) Sewer user charges or rates, are imposed upon and shall be collected from the owner of each improved property which shall be connected with the sanitary sewer system, for use of the sewer system, which such use shall be direct or indirect. The sewer user charges shall commence and shall be effective as of the date of connection of each such improved property to the sewer system, and shall be payable as provided herein.
(b) The Manager is authorized to bill the customer for the cost of services performed at the request of the customer if the solution to the problem is known or found to be the responsibility of the customer.
(c) Every owner of improved property which is connected to the sewer system shall provide the Board with, and thereafter shall keep the Board advised of, his or her correct address. Failure of any person to receive bills for sewer user charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
(Ord. 578. Passed 10-5-82.)
(a) The Board shall require the applicant or customer to make a deposit initially as a guarantee of the payment for sewer services. Such deposit shall be one-sixth of the annual estimated charges for service to secure the Board from loss. The Board shall not be bound to supply sewer service until these conditions are fulfilled, and it may terminate the service if the guarantee is not given when required. After the customer has paid bills for service for twelve consecutive months, the Board shall promptly and automatically refund the deposit plus accrued interest. Calculation of the twelve month period shall commence from the first regular payment or following the payment of past-due bill or bills. Simple interest of eight percent (8%) per annum will be paid at date of discontinuance of service or at the end of the above return period provided the deposits remain with the City for a period of six months or longer. The Board shall have a reasonable time to read and remove meters as necessary and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in any case where there has been an automatic refund.
(b) Concurrently with receiving a cash deposit, the Board shall deliver to the applicant or customer for service, a receipt showing:
(1) The date thereof;
(2) The name of the applicant or customer and the address of the premises to be served or being served;
(3) The service to be furnished or being furnished; and
(4) The amount of the deposit and the rate of interest to be paid thereon.
The Board shall provide reasonable means to refund the deposit of a customer, when he is so entitled, if the original receipt cannot be produced A receipt or proof of payment will not be necessary under the provisions for an automatic refund.
(c) The Board shall keep a record showing:
(1) The name and current address of each depositor;
(2) The amount and day of the deposit;
(3) Each transaction concerning the deposit.
(Ord. 578. Passed 10-5-82.)
(a) Sewer user charges or related charges imposed by this article shall be a lien on the improved property connected to and served by the sewer system; and any such sewer user charges or other charges which are delinquent for a period of sixty days shall be fined as a lien against the improved property and premises so connected to and served by the sewer system, which lien shall be filed in the office of the clerk of the County Commission of Marion County, and shall be collected in the same manner now provided by law for the enforcement of tax liens on real property. Such lien shall be of equal dignity, rank and priority with a lien on such premises for State, County, school and municipal taxes.
(b) At the discretion of the Board, it may request that water service to any improved property be shut off for nonpayment of sewer user charges if the bill for sewer charges is delinquent for a period of fifty days and such owner shall have received twenty-four hour notice from the Board of the intention to shut off the water supply, provided such action is not in violation of any rules of the West Virginia Public Service Commission or Department of Health. In such event, water service shall not be restored until the owner of the improved property has paid all delinquent user charges to the Board, plus the then appropriate charge for the reinstallation of the water meter and the opening of the water service line.
(Ord. 578. Passed 10-5-82 )
(a) The Board and the Manager shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of maintenance, inspection, measurement, sampling and testing and for the performance of other functions relating to service rendered by the Board through the sewer system.
(b) Every employee of the Board whose duties require him to enter the premises of a customer will carry on his person identification as an employee or representative of the Board.
(c) The Manager and other duly authorized 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.
(d) The Manager or other duly authorized employees of the Board bearing proper identification shall be permitted to enter all private properties through which the Board holds a duly negotiated easement for the purpose 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 shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 578. Passed 10-5-82.)
(a) No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sewer.
(b) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) Any gasoline, benzene, naphtha, fuel oil, motor oil or other flammable or explosive liquid, solid or gas.
(2) Any water or waste with a BOD in excess of 300 milligrams per liter, except as provided for herein.
(3) Any water or waste containing suspended solids in excess of 300 milligrams per liter, except as provided for herein.
(4) Any water containing toxic or poisonous solids, liquids or gases in sufficient quantity, which either singly or by interaction with other wastes, injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant effluent.
(5) Any water or waste having a pH lower than 6.5 or greater than 8.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater works or the public sewers.
(6) Any 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, gravel, ashes, bones, red dog, sand, mud, coal, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(Ord. 578. Passed 10-5-82.)
(Ord. 578. Passed 10-5-82.)
(c) The following described substances, materials, waters or wastes shall be limited in discharges to the sewer system, to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limb, public property or constitute a nuisance. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sewer system which shall not be exceeded by any person without approval of the Manager are as follows:
(1) Wastewater having a temperature higher than 40° Centigrade.
(2) Wastewater containing more than eighty milligrams per liter of petroleum oil, nonbiodegradeable cutting oils, products of mineral oil origin.
(3) Wastewater containing floatable oils, fat or grease in excess of 500 milligrams per liter.
(4) Any garbage that has not been properly shredded with no particle greater than one-half inch in any dimension. Garbage grinders may be connected to sanitary sewers only from homes, hotels, institutions, restaurants, hospitals or similar places where garbage originates from the preparation of food in on-site kitchens for the purpose of consumption on the premises.
(5) Any water or waste containing iron, chromium, copper, zinc, mercury, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the waste treatment works exceeds the limits established by the Manager for such materials.
(6) Any water or waste containing color-producing or odor-producing substances exceeding limits which may be established by the Manager .
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Manager in compliance with applicable State or Federal regulations.
(8) Quantities of flow, concentrations or both which constitute a "slug" as defined herein.
(9) Water or waste containing substances such as synthetic detergents which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the waste water treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(Ord. 787. Passed 6-28-88.)
(d) Grease, oil and sand interceptors shall be provided when, in the opinion of the Manager, they are necessary for the proper handling of liquid wastes containing grease in excess of amount provided in Section 921.12, or any flammable wastes, sand and other harmful ingredients; 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 Manager, and shall be located as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
(e) No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Board and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Board for treatment.
(Ord. 578. Passed 10-5-82.)
(Ord. 578. Passed 10-5-82.)
(a) No person shall discharge or cause to be discharged into the sewer system any industrial wastes except upon application to the Board and upon receipt of a written permit therefor. An industrial waste permit shall be in addition to any other permit required for connection to the sewer system. There is no fee required for an industrial waste permit.
(b) Any person desiring to make or use a connection to the sewer system through which industrial wastes will be discharged into the sewer system shall file with the Board an industrial wastes questionnaire, to be furnished by the Board, which shall supply pertinent data, estimated quantity, flow characteristics and constituents, with respect to the industrial wastes.
(c) Any person shall discharge industrial wastes into the sewer system, when required by the Board, shall construct and thereafter properly maintain at his own expense, a suitable and accessible control manhole and other devices as may be approved by the Manager to facilitate observation, accurate measurement and sampling by the Board of industrial waste discharges.
(d) Any improved property discharging industrial wastes into the sewer system and contemplating a change in the method of operation which will alter the characteristics and/or volume of wastes at the time being discharged into the sewer system shall notify the Board, in writing, at least sixty days prior to consummation of such change. The Board reserves the right to require improved properties having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flows to the sewer system.
(e) The Board reserves the right to impose surcharges on sewer user charges and/or impose other requirements in connection with any high strength or industrial waste discharged into the system by agreement with the owner of the improved property, in accordance with the methods described in this article, or by modification or alterations to this article as may be acceptable to the DNR, EPA and/or require the pretreatment of such industrial waste at the expense of such owner.
(Ord. 578. Passed 10-5-82.)
Each sewer service permit applicant must give written notice to the Board upon any change in ownership of any improved property. The applicant must give written notice also of any change in tenancy and the applicant shall be liable for any sewer user charges that may accrue prior to the notice of vacation of premises.
(Ord. 578. Passed 10-5-82.)
Any customer desiring discontinuance of sewer service due to the vacancy of his premises shall make application therefor directly to the Manager. In the case of premises with private water facilities, such application shall be supported by an affidavit to the effect that such water supply has been shut off. Application for exoneration must be made at least five days in advance of the beginning of discontinuance of service. In all cases involving water service from the City, such service shall not be restored until the owner of the improved property has paid the necessary charge for the reinstallation of the water main and opening of the water service line.
(Ord. 578. Passed 10-5-82.)
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