CHAPTER 51: SEWERS
Section
General Provisions
   51.001   Definitions
   51.002   City wastewater service area established; regulating the furnishing of wastewater therein
Rules and Regulations
   51.015   Sewage disposal; use of public sewers required
   51.016   Private disposal facilities
   51.017   Building sewer permits; specifications
   51.018   Prohibited wastes; stormwater
   51.019   Tampering with sewer system
   51.020   Pretreatment
   51.021   Samples; reports
   51.022   Payment in lieu of taxes
Sewer Charges
   51.035   Charges established
   51.036   Sewer rates
   51.037   Water furnished from other than city supply; sprinkling rate
   51.038   Equitable adjustment
   51.039   Billing
   51.040   Bylaws and regulations
Industrial Cost Recovery
   51.055   Charges; billing
   51.056   Determination of users subject to industrial cost recovery
   51.057   Basis for charges
   51.058   Wastewater Utility Industrial Cost Recovery Fund
   51.059   Inspections
Sewer Connection Costs
   51.070   Availability costs
   51.071   Additional funds contributed
   51.072   Oversizing costs
   51.073   Individual connection to sewers
   51.074   Ownership
   51.075   Off-site sewers
   51.076   On-site sewers
   51.077   Connections in developed areas
   51.078   Individual connection costs
   51.079   Repayment to individual contributors
   51.080   Allocation of receipts
   51.081   Requirements for individual connections
   51.082   Sewer rehabilitation project general format
POTW - General Provisions
   51.095   Purpose and policy
   51.096   Administration
   51.097   Abbreviations
   51.098   Definitions
   51.099   Conflicts with other provisions
POTW - General Sewer Use Requirements
   51.110   Purpose and applicability
   51.111   Prohibited discharge standards
   51.112   Abnormal waste surcharge
   51.113   National Categorical Pretreatment Standards
   51.114   Local limits
   51.115   Board of Public Works and Safety’s right of revision
   51.116   Dilution
   51.117   Records retention
   51.118   Representative samples
   51.119   Request for information
   51.120   Additional monitoring by permittee
   51.121   Minimize adverse impact
   51.122   Operation and maintenance
POTW - Grease Trap/Interceptor Compliance (Fats, Grease, and Oils)
   51.135   Purpose and applicability
   51.136   General grease trap/interceptor requirements
   51.137   Grease trap/interceptor permitting requirements
   51.138   Grease trap/interceptor permit duration
   51.139   Grease trap/interceptor permit transfer
   51.140   Grease trap/interceptor permit revocation
   51.141   Grease trap/interceptor permit modification
   51.142   Reporting requirements
   51.143   Right of entry; inspection and entry
   51.144   Signatory requirements
   51.145   Application fee
   51.146   Enforcement
POTW - Pretreatment of Wastewater
   51.160   Purpose and applicability
   51.161   Pretreatment facilities
   51.162   Additional pretreatment measures
   51.163   Accidental discharge/slug control plans
   51.164   Hauled wastewater
   51.165   Bypass
POTW - Wastewater Discharge Permit Application
   51.180   Purpose and applicability
   51.181   Wastewater analysis
   51.182   Wastewater discharge permit requirement
   51.183   Wastewater discharge permitting; existing connections
   51.184   Wastewater discharge permitting; new connections
   51.185   Wastewater discharge permit application contents
   51.186   Signatory requirements
   51.187   Wastewater discharge permit decisions
POTW - Wastewater Discharge Permit Issuance Process
   51.200   Purpose and applicability
   51.201   Wastewater discharge permit duration
   51.202   Wastewater discharge permit contents
   51.203   Wastewater discharge permit appeals
   51.204   Wastewater discharge permit modification
   51.205   Wastewater discharge permit transfer
   51.206   Wastewater discharge permit revocation
   51.207   Duty to reapply
   51.208   Regulation of waste received from other jurisdictions
POTW - Reporting Requirements
   51.220   Purpose and applicability
   51.221   Baseline monitoring reports
   51.222   Noncompliance notification
   51.223   Compliance schedule progress reports
   51.224   Reports on compliance with categorical pretreatment standard deadline
   51.225   Periodic compliance reports
   51.226   Reports of changed conditions
   51.227   Reports of potential problems
   51.228   Reports from unpermitted users
   51.229   Notice of violation/repeat sampling and reporting
   51.230   Notification of the discharge of hazardous waste
   51.231   Analytical requirements
   51.232   Sample collection
   51.233   Timing
POTW - Compliance Monitoring
   51.245   Right of entry; inspection and entry
   51.246   Search warrant
   51.247   Confidential information
POTW - Administrative Enforcement Remedies; Effective Delegation of a Local Pretreatment Program
   51.260   Notification of violation
   51.261   Compliance agreements
   51.262   Show cause hearing
   51.263   Compliance orders
   51.264   Cease and desist orders
   51.265   Administrative fines
   51.266   Emergency suspension
   51.267   Termination of discharge
POTW - Judicial Enforcement Remedies; Effective Upon Delegation of a Local Pretreatment Program
   51.280   Injunctive relief
   51.281   Remedies nonexclusive
POTW - Affirmative Defenses to Discharge Violations
   51.295   Upset
   51.296   Prohibited discharge standards
POTW - Miscellaneous Provisions
   51.310   Pretreatment charges and fees
   51.311   Publication of users in significant noncompliance
   51.312   Effective date
   51.313   State Department of Environmental Management Issued Industrial Waste Permits (IWPs)
 
   51.999   Penalty
Cross-reference:
   Utility Deposit Policies, see § 53.01 et seq.
GENERAL PROVISIONS
§ 51.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, adopted by the 92nd U.S. Congress on October 18, 1972, being 33 U.S.C. §§ 1251 et seq.
   AMOUNTS FOR RECONSTRUCTION AND EXPANSION. Those amounts which represent a minimum of 80% of the amount retained by the city, together with interest earned thereon. These amounts shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the act. The city shall obtain the written approval of the Regional Administrator of the U.S. Environmental Protection Agency prior to commitment of the retained amounts for any expansion and reconstruction. The remaining 20% of retained amounts may be used at the discretion of the city.
   BIOCHEMICAL OXYGEN DEMAND (B.O.D.). The quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20°C. The laboratory determinations shall be made in accordance with the procedures set forth in STANDARD METHODS.
   BUILDING (or HOUSE) DRAIN. The part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building, and conveys it to a point approximately five feet outside the foundation wall of the building.
   BUILDING (or HOUSE) SEWER. The pipe which is connected to the building (or house) drain at the point approximately five feet outside the foundation wall of the building, and which conveys the building’s discharge from that point to the public sewer or other place of disposal.
   CHEMICAL OXYGEN DEMAND (COD). A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in STANDARD METHODS.
   CLEAN OUT. A vertical section of sewer pipe (usually capped) rising from the lateral as a point of service to clean the lateral.
   COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term SUBSTANTIAL DEGREE is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include chemical oxygen demand; total organic carbon; phosphorus and phosphorus compounds; nitrogen and nitrogen compounds; and fats, oils, and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works.)
   CUSTOMERS. Customers of the Wastewater Utility.
   EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.
   FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of humans and animals, whose presence in sanitary sewage is an indicator of pollution.
   FEDERAL GRANT AMOUNTS. The portion of the total construction costs for Project Number C-180611 which was sponsored by the U.S. Environmental Protection Agency. The federal grant will amount to approximately $4,040,000.
   FLOATABLE OIL. Oil, fat, grease in a physical state from petroleum base products, or chemical products as well as oil of animal or vegetable origin such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.
   GARBAGE. Any solid wastes from the preparation, cooking, or dispensing of food and from the handling, storage, or sale of produce.
   HYDROGEN ION CONCENTRATION. See pH.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a COMPATIBLE POLLUTANT, including non-biodegradable dissolved solids.
   INDUSTRIAL COST RECOVERY PERIOD. The period during which the grant amount allocable to the treatment of wastes from industrial users is recovered from the industrial users of such works, which shall be a period of 30 years.
   INDUSTRIAL SEWAGE. Any solid, liquid, or gaseous substance or form of energy discharged, permitted to flow, or escaping from an industrial, manufacturing, commercial, or business process, or from the development, recovery, or processing of any process, or from the development, recovery, or processing of any natural resources carried on by any INDUSTRIAL USER as defined below, exclusive of SANITARY SEWAGE as defined below.
   INDUSTRIAL USER.
      (1)   Any nongovernmental user of the treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
         (a)   Division A -   Agriculture, Forestry, and Fishing;
         (b)   Division B -   Mining;
         (c)   Division D -   Manufacturing;
         (d)   Division E -   Transportation, Communication, Electric, Gas, and Sanitary Services; and
         (e)   Division I -   Services.
      (2)   A user in the divisions listed may be excluded if it is determined that such will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
   INFLOW. The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellars, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. INFLOW does not include and is distinguished from INFILTRATION.
   INFILTRATION. The water entering a sewer system, including building drains and sewers, 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.
   INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
   INSPECTOR. The person or persons duly authorized by the city, through the Board, to inspect and approve the installation of building sewers and their connection to the public sewer system.
   INTERCEPTOR OR TRUNK SEWER COSTS. Sewer costs external to a development. Sewer costs within a development will be classed as local sewer costs. Oversizing costs, as outlined in § 51.072, shall be considered interceptor costs and shall qualify for refunding.
   LATERAL. The portion of the sewerage conveyance system leading from a private home, building, lift station, business, or approved structure to the city sewer main. For additional information, see BUILDING (or HOUSE) SEWER.
   MANAGER. The Manager of the Sewage Department of the city, or his or her duly authorized representative.
   MAJOR CONTRIBUTING INDUSTRY. An industry that:
      (1)   Has a flow of 50,000 gallons or more per average work day;
      (2)   Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
      (3)   Has in its waste a toxic pollutant in toxic amounts, as defined in standards issued under § 307(a) of PL 92-500, being 33 U.S.C. § 1317(a); or
      (4)   Is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or on the quality of effluent from that treatment works.
   NONINDUSTRIAL USER. Any governmental or residential user. The term also includes commercial, institutional, and other industrial users where it has been determined that the waste contributed by these users is primarily segregated domestic wastes or wastes from sanitary conveniences.
   NORMAL DOMESTIC SEWAGE. Wastewater or sewage from segregated domestic or sanitary conveniences as distinct from wastes from industrial processes, and having, as an average daily concentration, a B.O.D. of not more than 204 milligrams per liter and an SS of not more than 240 milligrams per liter.
   NOTIFICATION. Any attempt by the Wastewater Utility Manager to notify an area business, business owner, or homeowner by means of a posting, newspaper ad, or letter of an upcoming sewer project that may or may not affect said owner. The manner and method of NOTIFICATION attempted shall be at the Manager of the city’s power and light utility’s sole discretion.
   NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States, pursuant to § 402 of PL 92-500, being 33 U.S.C. § 1342.
   OUTLET. Any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake, or other body of surface or ground water.
   pH. The logarithm (to the base ten) of the reciprocal of the hydrogen ion concentration of a solution, expressed in gram atoms per liter of solution.
   PAYMENT TO U.S. TREASURY. The portion of the recovered amounts that must be returned to the U.S. Treasury on an annual basis. The annual payments to the U.S. Treasury amount to 50% of the annual recovered amounts, together with interest earned thereon.
   PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
   PRIMARY SEWER MAIN. The public sewer main which is required to transport sewage from the property line of the nearest prospective user to the proposed point of connection at the Wastewater Utility existing sewer main.
   PRIVATE LATERAL REPAIR AND/OR REPLACEMENT APPLICATION. A form supplied to the homeowner and/or business owner by the Manager’s office to be completed requesting assistance in the repair or replacement of a private lateral at no cost.
   PROJECT DIRECTOR. The City Engineer or Wastewater Utility Manager responsible to oversee a given contract’s supervision and oversight.
   PROJECT NUMBER C-180611. A separate and distinct construction project for construction of the city’s municipal sewage works which was sponsored by the U.S. Environmental Protection Agency under the provisions of Public Law 92-500. This project does not include past or future construction, equipment, or other services not included under the specific project number and the approved plans, specifications, and approved change orders for the project which are on file in the City Hall, and by reference made a part of this chapter as fully as if it were attached hereto or incorporated herein.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that has 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 in any dimension.
   RECEIVING STREAM. The watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
   RECOVERED AMOUNTS. The annual payments from industrial users for their share of the federal grant allocable to the cost of treating industrial waste, which is determined by dividing the amount of the total federal grant allocable to the treatment of industrial waste by the recovery period.
   REHABILITATION. A city sponsored project designed to replace or repair any portion of the sewerage conveyance system including, but not limited to, sewer mains, manholes, and connections to the main sewer line.
   RETAINED AMOUNTS. The portion of the recovered amounts retained by the city. The retained amounts shall be equal to 50% of the recovered amounts, together with interest earned thereon.
   SANITARY SEWAGE. Sewage discharged from the sanitary conveniences of dwellings (including apartment houses, hotels, and motels), office buildings, factories, or institutions, and free from stormwater, surface water, and industrial wastes.
   SANITARY SEWER REHABILITATION PROJECT. The act of sewer pipe repair or replacement due to pipe age, cracks, separate joints, bellies, sags, inflow, infiltration, blockage, and the like, which cause or lead to stormwater entering the sanitary sewer system or continued service problems for Wastewater Utility personnel.
   SECONDARY SEWER MAIN. The public sewer main which is required to provide service from a prospective user to the primary sewer main.
   SEGREGATED DOMESTIC WASTES. Wastes from non-residential sources resulting from normal domestic activities, and measurable and set apart from industrial trade or process discharges.
   SERVICE CHARGE. The basic charge levied on all users of the sanitary sewer system for wastes which do not exceed in strength the concentration values above which a surcharge will be made.
   SEWAGE. The water-carried wastes from residences, business buildings, institutions, and industrial establishments, singular or in any combination, together with such ground, surface, and stormwaters as may be present.
   SEWER. A pipe or conduit for carrying sewage or other waste liquids.
      (1)   PRIVATE SEWER. A sewer which is not owned by a public authority.
      (2)   PUBLIC SEWER. A primary sewer or secondary sewer in which all owners of abutting property have equal rights and which is controlled by the Wastewater Utility.
      (3)   SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and ground waters and unpolluted industrial wastewaters are not intentionally admitted.
      (4)   STORM SEWER. A sewer which carries storm and surface water drainage, but excludes sewage.
   SEWER INDUSTRIAL COST RECOVERY ORDINANCE. A separate and companion enactment to this chapter, which provides for recovery from industrial users of the Wastewater Utility of a portion of the federal grant amount allocable to the construction of sewage facilities for treating industrial waste, pursuant to § 204(b) of PL 92-500, being 33 U.S.C. § 1284, and 40 C.F.R. part 35.928-1 and 35.928-2.
   SEWER USE ORDINANCE. A separate and companion enactment to this chapter, which regulates the connection to and use of public and private sewers.
   SLUG. Any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation.
   STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater”, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and “Guidelines Establishing Test Procedures for Analysis of Pollutants”, Regulation 40 C.F.R. part 136, published in the Federal Register on October 16, 1973.
   SURCHARGE. The extra charges for sewerage service assessed users whose sewage is of such a nature that it imposes on the Wastewater Utility a burden greater than that covered by the basic service charge.
   SUSPENDED SOLIDS or SS. Solids which float either on the surface of or are in suspension in water, sewage, or other liquid, and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determinations shall be made in accordance with procedures set forth in STANDARD METHODS.
   TOTAL REVENUE. The revenue obtained from monthly minimum billing for the use of and service rendered by the Wastewater Utility, and does not include front foot assessments, permit or inspection fees, or other charges.
   TOTAL SOLIDS. The sum of suspended and dissolved solids.
   TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which, on exposure to or assimilation into any organism, will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to § 307(a) of PL 92-500, being 33 U.S.C. § 1317(a).
   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 benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
   USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to § 204(b) of PL 92-500, being 33 U.S.C. § 1284.
   USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional, and governmental in the user charge system, and as industrial and non-industrial in the industrial cost recovery system).
   USER, COMMERCIAL. Any establishment listed in the office of Management and Budget’s “Standard Industrial Classification Manual”, 1972 Edition, (also referred to as SICM), involved in a commercial enterprise, business, or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
   USER, GOVERNMENTAL. Any federal, state, or local governmental user of the wastewater treatment works.
   USER, INDUSTRIAL. Any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works. INDUSTRIAL USERS shall be identified in the “ICM” under Divisions A, B, D, E, or I.
   USER, INSTITUTIONAL. Any establishment listed in the “ICM” involved in a social, charitable, religious, or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
   USER, RESIDENTIAL. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units.
   VOLATILE ORGANIC MATTER. Material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
   WASTEWATER SERVICE AREA. The wastewater service area as described in this chapter.
   WASTEWATER TREATMENT PLANT. The wastewater treatment and collection facility of the city, and the arrangement of devices, structures, and equipment used for treating and disposing of sewage and sludge therein.
   WASTEWATER TREATMENT SYSTEM. The wastewater treatment system of the city, comprised of the network of sewers and appurtenances, including the pumping stations and other related component parts, in all cases used for the collecting, transporting, and pumping sewage to the wastewater treatment plant.
   WASTEWATER UTILITY. The Wastewater Utility of the city.
   WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
(Ord. 1977-20, passed 11-10-1977; Ord. 2019-25, passed on 5-13-2020)
Loading...