CHAPTER 18:  PUBLIC UTILITIES
Article 1:  Water System
   18-1.   Fluorine
Article 2:  Sanitary Sewer Systems
   18-15.   Declaration
   18-16.   User fees
   18-17.   Collection
   18-18.   Disposition of funds
   18-19.   Definitions
   18-20.   Connections
   18-21.   Certain wastes prohibited
   18-22.   Industrial or harmful wastes
   18-23.   Special handling
   18-24.   Information and cooperation
   18-25.   Notice to make proper connections
   18-26.   Grease, oil and sand interceptors
   18-27.   Control manholes
   18-28.   Measurements, tests and analyses
   18-29.   Special agreement or arrangement
   18-30.   Right of inspection
Article 3:  Mineral Water
   18-40.   License required
   18-41.   Containers
   18-42.   Certificates or seals
   18-43.   Revocation of license
Article 4:  Private Disposal Systems
   18-55.   Unlawful contamination
   18-56.   Operation prohibited
   18-57.   Public nuisance
   18-58.   Abatement
   18-59.   Exception
Article 5:  Water Shortages
   18-70.   Emergency restrictions
   18-71.   Definition; stages
   18-72.   Proclamations
   18-73.   Surcharges
   18-74.   Publications and notifications
   18-75.   Terms
   18-76.   Grievances; appeal to Council
   18-77.   Offenses
Article 6:  Public Sewers
   18-90.   Definitions
   18-91.   Prohibited discharges
   18-92.   New sewers and connections
Article 7:  User Charge System
   18-105.   Definitions
   18-106.   Sewer use charge
   18-107.   User charge schedule
   18-108.   Excessive strength charges
   18-109.   Review and revision
   18-110.   Toxic pollutants charges
   18-111.   Notification
   18-112.   Charges for extraneous flows
   18-113.   Records
   18-114.   Billing
ARTICLE 1:  WATER SYSTEM
§ 18-1  FLUORINE.
   Upon receiving the consent and approval of the State Board of Health, and until further direction of the City Council, the Water Department is hereby authorized and directed to provide the means and to proceed with the introduction of approximately one part of fluorine to every million parts of water being distributed in the water supply system of the city.
(`90 Code, § 18-1)
ARTICLE 2:  SANITARY SEWER SYSTEMS
§ 18-15  DECLARATION.
   The sanitary sewer system of the city is hereby declared to be a public utility and a proper source of revenue for the upkeep and maintenance of the system, and for other purposes.
(`90 Code, § 18-2)
§ 18-16  USER FEES.
   Sewer use fees to be charged are as set out in the fee schedule at the end of this code of ordinances.
(`90 Code, § 18-3)
§ 18-17  COLLECTION.
   The fee for the use of the sanitary sewers shall be billed to each user monthly, along with the bill for water and other services, and the city is directed not to accept payment of the water bill unless the payment is accompanied by the sewer use fee.
(`90 Code, § 18-4)
§ 18-18  DISPOSITION OF FUNDS.
   The funds derived from the fees shall be deposited in the general revenues of the city, to be used for the upkeep, maintenance, extension and repair of the sanitary sewer system, and for other uses as the City Council may deem fit.
(`90 Code, § 18-5)
§ 18-19  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOD or BIOCHEMICAL OXYGEN DEMAND.  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C., expressed in parts per million by weight.
   CITY ENGINEER.  The City Engineer or his or her authorized representative.
   GARBAGE.  Solid food wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   INDUSTRIAL WASTES.  All water-borne solids, liquids or gaseous wastes, resulting from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.
   LATERAL.  A small diameter primary collector line for serving abutting properties.
   MAY.  The act referred to is permissive, subject to approval of the city engineer.
   NATURAL OUTLET.  Any outlet into a water course, pond, ditch, lake or other body of surface or ground water.
   PERSON.  Any individual, firm, company, association, society, corporation, group or governmental agency.
   pH.  The logarithm to the base ten of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
   PROPERLY SHREDDED GARBAGE.  Garbage that has been shredded to 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.
   PUBLIC SEWER.  A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
   SANITARY SEWER.  A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
   SEWAGE.  A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with ground, surface and storm waters as may be present.
   SEWAGE TREATMENT PLANT.  Any city-owned facility, devices and structures used for treating sewage.
   SEWAGE WORKS.  All facilities for collecting, pumping, treating and disposing of sewage.
   SEWER.  A pipe or conduit for carrying sewage.
   SHALL.  The act referred to is mandatory.
   SLUG.  Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flows exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.
   STORM DRAIN or STORM SEWER.  A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
   SUSPENDED SOLIDS.  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.
(`90 Code, § 18-6)  (Ord. 2520, passed - -)
§ 18-20  CONNECTIONS.
   It shall be unlawful to discharge to any storm sewer or natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with latest state and federal water quality criteria for the stream involved.
(`90 Code, § 18-7)  (Ord. 2520, passed - -)
§ 18-21  CERTAIN WASTES PROHIBITED.
   (A)   It shall be unlawful and an offense for any person to connect or cause to be connected the downspout or conduits draining storm or rain water from the roofs, premises or other places on buildings, or uncontaminated cooling water or unpolluted industrial process waters with any of the lateral or main sanitary sewers of the city, or to in any manner conduct or cause to be conducted any uncontaminated cooling or unpolluted industrial process water, storm water, surface or subsurface water or rain water whatsoever into the sanitary sewer.
   (B)   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
      (1)   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
      (2)   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, or injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;
      (3)   Any waters or wastes having pH lower than 6.0 or greater than 10.5 or having any other chemical or corrosive properties which are hazardous or capable of causing damage to structures, equipment and personnel of the sewage works; and/or
      (4)   Solids or viscous substances in quantities or of sizes, will not pass through a quarter-inch screen, capable of causing obstruction to flow in sewer or other interference with the proper operation of the of the sewage works, storm sewers or natural outlets such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, rubber, unground garbage, animal grease or oil, whole blood, paunch manure, hair, meat fleshings, entrails, bones, hooves, toe nails, bristles, horns, chicken feet or heads, yeast, spent grain, hops, whey, whole or separated milk, paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders.
(`90 Code, § 18-8)  (Ord. 2520, passed - -)
§ 18-22  INDUSTRIAL OR HARMFUL WASTES.
   (A)   No person shall discharge or cause to be discharged any substances, materials, waters or wastes if it appears likely in the opinion of the City Engineer that the wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance.
   (B)   In forming his or her opinion as to the acceptability of these wastes, the City Engineer will give consideration to the factors as the quantities of subject wastes in relation to flow and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability, of wastes in the sewage treatment plant and other pertinent factors.
   (C)   The prohibited substances are:
      (1)   Any liquid or vapor having a temperature higher than 150°F. or 65°C.;
      (2)   Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F. and 150°F. or 0°C. and 65°C.;
      (3)   Any garbage that has not been properly shredded;  (The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the City Engineer.)
      (4)   Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not;
      (5)   Any waters or wastes containing iron, chromium copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirements, to the degree that any material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Engineer for the materials;
      (6)   Any waters or wastes containing phenols or other taste or odor producing substances, in concentrations exceeding limits which may be established by the City Engineer as necessary, after treatment of composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for discharge to the receiving waters;
      (7)   Any radioactive wastes or isotopes of the half-life or concentration as may exceed limits established by the City Engineer in compliance with applicable state and federal regulations;
      (8)   Materials which exert of cause are as follows:
         (a)   Unusual concentrations of inert suspended solids (such as, but not limited to Fuller’s earth lime slurries and lime residues) or of dissolved solids (such as, but not limited to sodium chloride and sodium sulfate);
         (b)   Excessive discoloration (such as, but not limited to dye wastes and vegetable tanning solutions);
         (c)   Unusual BOD, chemical oxygen demand or chlorine requirements (such as, but not limited to whey, whole or separated milk, yeast, whole blood and the like) in quantities as to constitute a significant load on the sewage treatment works; and/or
         (d)   Unusual volume of flow or concentration of wastes constituting “slugs,” as defined herein.
      (9)   Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(`90 Code, § 18-9)  (Ord. 2520, passed - -)
§ 18-23  SPECIAL HANDLING.
   (A)   If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated herein, which in the judgment of the City Engineer may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works/City Engineer may:
      (1)   Reject the wastes;
      (2)   Require pretreatment to an acceptable condition for discharge to public sewers;
      (3)   Require control over the quantities and rates of discharge; and/or
      (4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
   (B)   If the Director of Public Works/City Engineer, permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to his or her review and approval, and subject to the requirements of and applicable codes, ordinances and laws.
(`90 Code, § 18-10)  (Ord. 2529, passed - -)
§ 18-24  INFORMATION AND COOPERATION.
   (A)   Grantees of industrial waste connections shall cooperate at all times with the City Engineer in the inspecting, sampling and study of the industrial wastes and facilities provided for pretreatment.
   (B)   User shall also furnish any additional information relating to the installation or use of the industrial sewer as may be requested by the City Engineer and shall operate and maintain any waste pretreatment facilities as may be required as a condition of the acceptance into the public sewer of the industrial wastes involved in an efficient manner at all times and at no expense to the city.
   (C)   User shall notify the City Engineer immediately in the event of any accident or other occurrence that occasions discharge to the public sewers of any wastes or process waters not covered by agreement and permit.
(`90 Code, § 18-11)  (Ord. 2520, passed - -)
§ 18-25  NOTICE TO MAKE PROPER CONNECTIONS.
   (A)   The City Engineer shall cause to be served on the owner and/or occupant of any buildings or establishments with any sewer connections which do not conform to the provisions hereof at the time of the passage of this article, a notice in writing stating that the sewer connections do not conform to this chapter and advising that a connection must be made as required giving 30 days’ time in which to make the proper connection.
   (B)   If, after 30 days from the day of the service of the notice, the proper connection has not been made, then it shall be unlawful and an offense for any person, firm, association or corporation to maintain or use any sewer connection not conforming to the provisions hereof.
(`90 Code, § 18-12)  (Ord. 2520, passed - -)
§ 18-26  GREASE, OIL AND SAND INTERCEPTORS.
   (A)   Scope and purpose.  To aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils and greases into said sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.
   (B)   Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COOKING ESTABLISHMENTS.  Those establishments primarily engaged in activities of preparing, serving or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities:  cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting or poaching.  Also included are infrared heating, searing, barbecuing and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.
      FATS, OILS and GREASES.  Any man-made synthetic oil or lubricant, organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.  These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time.  All are sometimes referred to herein as GREASE or GREASES.
      GREASE TRAP OR INTERCEPTOR.  A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system.  These devices also serve to collect settlable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.  Grease traps and interceptors are sometimes referred to herein as GREASE INTERCEPTORS.
      MAINTENANCE.  All cleaning, disposal and discharge into the publicly-owned treatment works (POTW).
      MINIMUM DESIGN CAPABILITY.  The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer.
      NON-COOKING ESTABLISHMENTS.  Those establishments that contribute fats, oils and greases, as described above, or those establishments primarily engaged in the preparation of pre-cooked foodstuffs that do not include any form of cooking.  These include cold dairy and frozen foodstuffs preparation and serving establishments.
      USER.  Any person who contributes, causes or permits the contribution or discharge of wastewater into the publicly-owned treatment works (POTW), including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.
   (C)   Grease interceptor maintenance, record-keeping and grease removal.
      (1)   Grease interceptors shall be installed by users as required by city ordinances.  Grease interceptors shall be installed at the user’s expense, when such user operates a cooking establishment.  Grease interceptors may also be required in non-cooking or cold dairy and frozen foodstuffs establishments and other industrial or commercial establishments when they are deemed necessary by the Code Administrator for the proper handling of liquid wastes containing grease.  No user shall allow wastewater discharge concentration from subject grease interceptor to exceed 325 milligrams per liter, as identified by EPA Method 1664 or 275 milligrams per liter, as identified by EPA Method 413.  All grease interceptors shall be of a type, design and capacity approved by the Code Administrator or his or her designee and shall be readily and easily accessible for user cleaning and city inspection.  All such grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than every 30 days.  Users who are required to pass water through a grease interceptor shall:
         (a)   Provide for a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the calculated theoretical peak flow rate as predicted by the Uniform Plumbing Code fixture criteria, between the influent and effluent baffles with 20% of the total volume of the grease interceptor being allowed for sludge to settle and accumulate, identified hereafter as a “sludge pocket”;
         (b)   Remove any accumulated grease cap and sludge pocket as required, but at intervals of not longer than 30 days at the user’s expense.  Grease interceptors shall be kept free of inorganic solid material such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags and the like, which could settle into this pocket and thereby reduce the effective volume of the grease interceptor;
         (c)   Accept the following conditions:  If any skimmed or pumped wastes or other materials removed from the grease interceptor are treated in any fashion on-site and reintroduced back into the grease interceptor as an activity of and after said on-site treatment, the user shall be responsible for the attainment of established grease numerical limit consistent with and contained in division (C)(1) on all discharges of wastewater from said grease interceptor into the city sanitary sewer collection and treatment system.
         (d)   Operate the grease interceptor in a manner so as to maintain said device such that attainment of the grease limit is consistently achieved.  “Consistent” shall mean any wastewater sample taken from said grease interceptor shall be subject to terms of numerical limit attainment described in division (C)(1).  If an establishment desires, because of documented space constraints, an alternate to out-of-building grease interceptors, the request for an alternative location shall contain the following information:
            1.   Location of city sewer main and easement in relation to available exterior space outside building; and
            2.   Existing plumbing at or in a site that uses common plumbing for all services at that site.
         (e)   Understand and agree that:  The use of biological additives as a grease degradation agent is conditionally permissible, upon prior written approval by the Code Administrator.  Any establishment using this method of grease abatement shall maintain the trap or interceptor in such a manner that attainment of the grease wastewater discharge limit, as measured from the trap’s outlet, is consistently achieved;
         (f)   Understand and agree that:  The use of automatic grease removal systems is conditionally permissible, upon prior written approval by the Code Administrator, the city Plumbing Inspector, and the Logan County Department of Health.  Any establishment using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit’s outlet, is consistently achieved; and
         (g)   Understand and agree that:  The Code Administrator reserves the right to make determinations of grease interceptor adequacy and need, based on review of all relevant information regarding grease interceptor performance, facility site and building plan review and to require repairs to, or modification and replacement of, such traps.
      (2)   The user shall maintain a written record of trap maintenance for three years.  All such records will be available for inspection by the city at all times.
      (3)   No non-grease laden sources are allowed to be connected to sewer lines intended for grease interceptor service.
      (4)   Except as provided herein, for a period of one year following adoption of this section, although installation of grease interceptors will be required, no enforcement actions will be taken under this section for failure to achieve limits on grease discharges from grease interceptors.  If, during this one-year period, an obstruction of a city sewer main occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that said overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of grease in the city’s sewer main(s), the city will take appropriate enforcement actions against the generator or contributor of such grease.
      (5)   Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee.  The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration.  The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.
   (D)   Penalty. Penalty for violating any provision of this section shall be a fine not to exceed $200 plus court costs of $40 or any amendment of court cost hereafter.
(`90 Code, § 18-13)  (Ord. 2520, passed - - ; Am. Ord. 3154, passed 3-15-05)
§ 18-27  CONTROL MANHOLE.
   (A)   Where required by the City Engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.
   (B)   The manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City Engineer.
   (C)   The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
(`90 Code, § 18-14)  (Ord. 2520, passed - -)
§ 18-28  MEASUREMENTS TESTS AND ANALYSIS.
   (A)   All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole.
   (B)   In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
(`90 Code, § 18-15)  (Ord. 2520, passed - -)
§ 18-29  SPECIAL AGREEMENT OR ARRANGEMENTS.
   (A)   No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to the charge herein.
   (B)   The industrial waste charge shall be calculated with the following formula:
   IC - jV + V(A (BOD-200*)) + b(SS-200*)
      (1)   IC equals industrial charge.
      (2)   V equals volume discharged in millions of gallons.
      (3)   j equals basic rate, $100 per million gallons treated.
      (4)   a equals BOD surcharge factor, $50 per million gallons per milligram per liter, based on the treatment costs attributable to the removal of BOD.
      (5)   BOD equals five-day concentration at 20°C., BOD of the industrial wastes (mg/l) to be measured of the intervals from composite samples.
      (6)   b equals SS surcharge factor, $50 per million gallons per milligram per liter, based on the treatment costs attributable to the removal of SS.
      (7)   SS equals suspended solids of the industrial waste (mg/l) to be measured at intervals from composite samples.
   (C)   The assumed concentration of BOD and SS in “normal” domestic sewage is 200 mg/l.
(`90 Code, § 18-16)  (Ord. 2520, passed - -)
§ 18-30  RIGHT OF INSPECTION.
   (A)   The City Engineer, and other duly authorized employees of the city bearing proper credentials shall be permitted to enter all properties at reasonable times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
(`90 Code, § 18-17)  (Ord. 2520, passed - -)
   (B)   (1)   Effluent discharge permits for hydrocarbon remediation systems, as a form of industrial pretreatment, are hereby authorized to be issued by the City Manager or his or her designee in order to protect the sanitary sewer system and publicly owned treatment works of the city and any of its duly constituted authorities from substances or wastes which could violate any governmental permits or licenses or cause the city or any duly constituted authority thereof to be in violation of any governmental permits or licenses, could harm the sewers, the sewage treatment process or equipment, have an adverse effect on the receiving stream or could otherwise endanger life, limb, public property or constitute a nuisance.
      (2)   The issuance of effluent discharge permits by the city for hydrocarbon remediation systems to discharge effluents into the city’s sanitary sewer system are conditioned upon the existence of the following:
         (a)   A properly completed written application for the purpose to include a site plan;
         (b)   An opinion in writing from the City Engineer and the City Public Works Director that the discharge will not harm the sewers, the sewage treatment process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, limb, public property or constitute a nuisance;
         (c)   Payment of applicable annual permit fee of $1,000 or appropriate pro rata quarterly portions thereof, which fee is subject to adjustment from time to time by resolution of the City Council;
         (d)   Proof of casualty and liability insurance coverage to include the city and the Public Works Authority as named insured parties in an amount for each of not less than $1,000,000 or other higher amount(s) as may be determined necessary by the City Manager; and
         (e)   A fail safe device shall be required of each hydrocarbon remediation system that is designed to shut down the remediation system, operation and equipment, in the event of any system, operation or equipment malfunction, breakage or breakdown of whatsoever kind or nature so as to immediately terminate any discharge into the city's sanitary sewer system.
      (3)   The form of the remediation effluent discharge permits to be used shall include the following:
         (a)   The name, address and telephone number of the party authorized to discharge wastewater, the address of the facility which shall discharge and the name and telephone number of a responsible party who may be contacted in the event of an emergency;
         (b)   The outfalls through which the permitted discharge shall occur shall be identified in an attachment to the permit which shall be a part of the permit;
         (c)   A statement that the permittee shall keep a record, either weekly or monthly as required in the same attachment to the permit identifying outfalls through which discharge shall occur, which record shall include the quantity of discharge and all sample results required in the aforesaid attachment;
         (d)   A statement that noncompliance with any terms or conditions of the permit shall constitute a violation of the city code, sanitary sewer use ordinance, together with a listing of any penalties appropriate in the event of noncompliance with the terms or conditions of the permit, including but not limited to increased monitoring requirements, a fine of not to exceed $1,000 per day per occurrence and permit revocation or modification;  (The city shall retain the sole discretion as to the selection of a penalty or penalties listed above or others as may be permitted by law or in equity.)
         (e)   A statement that all discharges must comply with any applicable state and/or federal regulations;
         (f)   A statement that the city reserves the right to change, modify or revoke the permit for any reason including, but not limited to the following:
            1.   To incorporate any new or revised federal, state or local standard requirement;
            2.   Material or substantial alterations or additions to the discharger's operation processes or discharge volume or character which were not considered in drafting the effective permit;
            3.   A change in any condition at either the discharger's facility or the publicly owned treatment works (POTW) that requires either a temporary or permanent reduction or elimination of authorized discharge;
            4.   Receipt of information indicating that the permittee discharge poses a threat to the city sanitary sewer wastewater collection or treatment system, personnel or receiving waters;
            5.   Violation of any terms of the permit;
            6.   Misrepresentation or failure to fully disclose all relevant facts in the permit application or in required reporting and sampling;
            7.   To correct typographical errors in the permit;
            8.   To reflect transfer of the facility ownership and/or operation to a new owner/operator;
            9.   Upon a request of the permittee, provided the request does not create a violation of any applicable requirement, standard, law or rules and regulations;
            10.   The failure to timely pay to the city the yearly permit fees due under the permit, sanitary sewer usage fees, tapping fees, volumetric charges or any penalty; and
            11.   The failure to timely prepare and submit any reports or sampling results to the city.
         (g)   A statement that the annual permit fee shall be due and payable by January 15 of each calendar year that the permit is in effect and for permits whose effective date falls within the second, third or fourth quarter of a calendar year the fee will be prorated based upon the following equation:  prorated permit fee = number of days remaining in calendar year/365) = yearly permit fee;  (For permit effective dates within the first quarter of a calendar year, the full permit fee will be applicable.)
         (h)   A statement that the permittee shall be responsible for application and receipt of all permits necessary for remediation system construction, startup and operation, including but not limited to building, air, groundwater recovery and monitor/recovery well installation;
         (i)   A statement that the permittee shall be responsible for fees associated with the discharge of wastewater into the city sanitary sewer system;  (An initial sanitary sewer line tapping fee per outfall plus a volumetric charge per 1,000 gallons of wastewater discharged shall be charged to the permittee.  Volumetric fees will be based upon monthly discharge volume reported by the permittee. Failure to pay charges in a timely manner, can cause revocation of permit.)
         (j)   A statement that city officers, employees or agents shall be allowed access at all times for inspection of remediation system equipment and operation;  (In case of emergencies, city officials shall be trained, prior to system startup, in system operation and shutdown.  Necessary access keys shall be provided to city officials, so that, immediate access to the remediation system is available and inspection or shutdown can be performed.)
         (k)   A statement that should the permittee wish to continue discharge beyond the expiration date of a permit, an application must be filed a minimum of 90 days prior to the expiration date;  (A permit shall not be transferred or assigned without the prior written consent of the city.)
         (l)   A statement of the effective date of the permit and of the expiration date of the permit;
         (m)    A statement, which may be included in an attachment to the permit, that the permittee shall be responsible for collecting and having analyzed all samples outlined therein;  (All analysis shall be by a laboratory permitted by the State Water Resources Board for the specific pollutants listed therein.  All samples shall be analyzed in accordance with approved methods listed in 40 CFR Part 136.  The permittee shall report all samples analyzed whether the sampling event was required under permit or not.  The discharge shall be sampled and analyzed for the analyses listed therein and shall not exceed the concentration provided therein.)
         (n)   A statement, which may be included in an attachment to the permit, that the permittee shall operate and maintain all surface treatment equipment while discharging to the POTW;  (Under no circumstances will the operator bypass the treatment equipment.  The operator will notify the Director of Public Works or his or her designee immediately, upon becoming aware of any discharge violation or violations on any condition of the permit.)
         (o)   A statement, which may be included in an attachment to the permit, listing all permitted outfalls into the city's sanitary sewer system; and
         (p)   The signatures and date of execution of the permit by the City Manager or his or her designee and by the permittee.
      (3)   The City Manager or his or her designees are expressly authorized to modify, amend or alter the form of permit as is determined necessary for the protection and preservation of the city or any of its duly constituted authorities, public property, public health and welfare, for all purposes, including but not limited to compliance with any and all federal, state or local laws, statutes, orders, ordinances, rules or regulations.
(Ord. 2989, passed 5-17-94)
ARTICLE 3:  MINERAL WATER
§ 18-40  LICENSE REQUIRED.
   It shall be unlawful for any person, firm or corporation to sell, ship or distribute for profit Guthrie Mineral Waters obtained in the parks of the city, except upon first obtaining a license for the purpose and paying therefor the sum as set per annum, payable annually.
(`90 Code, § 18-18)
§ 18-41  CONTAINERS.
   It shall be unlawful to ship the water in containers other than glass or earthen, and it is hereby ordained that all of the water shipped out from the city shall be shipped in sanitary receptacles for the same, well cleansed before the water is put into the same.
(`90 Code, § 18-19)
§ 18-42  CERTIFICATES OR SEALS.
   (A)   The city shall cause to be printed certificates or seals of the city to be supplied to all licensed sellers, shippers and distributors of the mineral waters, which the certificates or seals shall be substantially in the following form, to wit:
   “This certifies that the receptacle to which this is attached contains                                                  .  Licensed Distributor, Guthrie, Oklahoma.”
   (B)   The blanks in the certificate or seal shall be filled in with the amount and kind of water contained and name of distributor, which certificate or seal shall be furnished to all licensed distributors of the waters at prices to be fixed from time to time by the City Council, to be used by them in the sale, shipping and other distribution of the waters, and it shall be unlawful for anyone, except the holder of a license to in any way make use of the abovementioned certificate.
(`90 Code, § 18-20)
§ 18-43  REVOCATION OF LICENSE.
   The right is hereby reserved to revoke any license issued hereunder with or without cause by order of the City Council upon a five-day notice to the holder thereof, upon the terms or conditions as the Council may determine.
(`90 Code, § 18-21)
ARTICLE 4:  PRIVATE DISPOSAL SYSTEMS
§ 18-55  UNLAWFUL CONTAMINATION.
   It shall be unlawful for any person, arm, partnership, corporation, individual or trust or municipality, to erect, construct, build, maintain or operate a sewage treatment plant or sewage disposal system, or a sewage treatment lagoon within the corporate limits of the city, where the discharge of any sewage or sewage effluent from any sewage disposal system, sewage treatment plant or sewage treatment lagoon may or could enter into any stream of water from which the city obtains water for the public water system of the city.
(`90 Code, § 18-22)
§ 18-56  OPERATION PROHIBITED.
   (A)   Any person, firm, partnership, corporation, individual or trust or municipality erecting, constructing, building, maintaining or operating a sewage treatment plant or sewage disposal system, or a sewage treatment lagoon, within the corporate limits of the city, shall be deemed guilty of an offense.  Each day of erecting, constructing, building, maintaining or operating, shall be deemed a distinct and separate offense.
   (B)   Also, more than one separate offense may be committed in a day by any person, firm, partnership, corporation, individual or trust or municipality.
(`90 Code, § 18-23)
§ 18-57  PUBLIC NUISANCE.
   By reason of the fact that discharging of sewage or, sewage residue or sewage effluent into the water supply of the city, is or could be injurious to the health of the inhabitants of the city, the existence or the maintenance or operation of a sewage treatment plant or sewage disposal system, or a sewage lagoon draining sewage residue or sewage effluent into the source of water supply of the city is hereby declared a public nuisance.
(`90 Code, § 18-24)
§ 18-58  ABATEMENT.
   The City Manager or Chief of Police or any police officer may abate any nuisance and prevent the discharge of any sewage or sewage residue or sewage effluent from flowing into any water from which the city, obtains water for its municipal water supply.
(`90 Code, § 18-25)
§ 18-59  EXCEPTION.
   The provisions of this article shall not apply to any approved septic tank serving not to exceed eight families.
(`90 Code, § 18-26)
ARTICLE 5:  WATER SHORTAGES
§ 18-70  EMERGENCY RESTRICTIONS.
   Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity or failure of equipment or material, the City Manager is hereby authorized to restrict or prohibit the use of water from the city's water system.
(`90 Code, § 18-30)  (Ord. 2686, passed 6-16-81)
§ 18-71  DEFINITION; STAGES.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   STAGE ONE EMERGENCY.  This exists whenever the City Manager reasonably determines that the city's water supply is unable or will, within 120 days, become unable to supply the full commercial and domestic needs of the users thereof, including adequate fire protection. 
(`90 Code, § 18-31)
   STAGE TWO EMERGENCY.  This exists whenever the City Manager reasonably determines that the city's water system is unable or will within 60 days become unable to supply full commercial and domestic needs of the users thereof, including adequate fire protection. 
(`90 Code, § 18-33)
(Ord. 2686, passed 6-18-81)
§ 18-72  PROCLAMATIONS.
   (A)   Upon the determination that an emergency exists, the City Manager shall issue a proclamation declaring the emergency and setting out with particularity an order restricting use of water from the city's system.  The order may restrict water usage during certain periods of the day or week or according to any orderly or nondiscriminatory scheme and prohibit usages not essential to public health and safety.  The order may include, but is not limited to the following limitations:
      (1)   Lawn, shrub or garden watering:
         (a)   Permitted only from 10:00 p.m. through 6:00 a.m.;
         (b)   Permitted only on alternate dates:
            1.   Odd-numbered addresses permitted to water on odd-numbered dates;
            2.   Even-numbered addresses permitted to water on even-numbered dates;
            3.   Unnumbered addresses on the north and west sides of the road or street deemed to be odd-numbered; and
            4.   Unnumbered addresses on the south and east sides deemed to be even-numbered.
         (c)   A combination of two restrictions listed above, restriction according to time and address; and
         (d)   Permitted only on certain designated days of the week, for example, Tuesdays and Fridays.
      (2)   There shall be no household car washing.
      (3)   No filling or refilling, in whole or in part, of any household swimming pool.  The order may be revised from time to time as the City Manager deems necessary.
(`90 Code, § 18-32)
   (B)   Upon the determination that a state two emergency exists, the City Manager shall issue a proclamation declaring the emergency and setting out with particularity an order restricting use of water from the city's system.  The order may restrict water usage during certain periods of the day or week or according to any orderly and nondiscriminatory scheme and prohibit usages not essential to public health and safety.  The order may include, but is not limited to the following imitations:
      (1)   Lawn, shrub or garden watering:
         (a)   Any limitation available to the city manager under a Stage One emergency; and
         (b)   Lawn, shrub or garden watering completely prohibited.
      (2)   Car washing:
         (a)   No household car washing; and
         (b)   No household or commercial car washing.
      (3)   Swimming pools:
         (a)   No filling or refilling, in whole or in part, of any household swimming pool;
         (b)   No filling or refilling, in whole or in part, of a household, commercial or public swimming pool; and
      (4)   Prohibition of all water usage not required for bodily needs, household purposes necessary for health and safety, or commercial purposes not otherwise restricted or prohibited.
(`90 Code, § 18-34)
(Ord. 2686, passed 6-18-81)
§ 18-73  SURCHARGES.
   In addition to the rates and charges affixed and established by the city for water, and an order issued under a stage two emergency, the City Manager shall have the discretion to require the appropriate city officials to charge and collect an additional conservation surcharge at a rate to be set by the City Manager, the rate not to exceed 100% of the rates and charges normally charged for water.  The surcharge is to continue until amended or rescinded by the City Council, or for a period of 30 days unless the conservation surcharge is extended by resolution approved by a majority of the members of the City Council of the city.  All billings covering both a surcharge period and a non-surcharge period shall be pro rated on the basis of the number of days within each period.
(`90 Code, § 18-35)  (Ord. 2688, passed 6-18-81)
§ 18-74  PUBLICATION AND NOTIFICATIONS.
   (A)   The proclamations required by the preceding sections shall be published in a newspaper of general circulation in the city.  The emergency shall be in full force and effect upon publication.  Substantial compliance with this section is sufficient to effect the emergency.
   (B)   Whenever a sudden or unexpected event so reduces the availability of water or water pressure as to create an immediate threat to public health or safety, the notice of the proclamation may be given by any reasonable means, including electronic means.  The emergency shall be in full force and effect upon the notice, provided that, if any means is used other than that required in division (A) above, the proclamation shall be republished in accordance with division (A) above, within 48 hours of the first notice.
(`90 Code, § 18-36)  (Ord. 2686, passed 6-18-81)
§ 18-75  TERMS.
   A duly proclaimed emergency shall continue and the terms of the proclamation shall be in force for 30 days or until the time as the City Manager or the City Council shall cause to be published a proclamation that the emergency has ended, whichever is shorter, unless the City Council by resolution approved by a majority of all its members, extends the proclamation and emergency.
(`90 Code, § 18-37)  (Ord. 2686, passed 6-18-81)
§ 18-76  GRIEVANCES; APPEAL TO COUNCIL.
   Any person feeling aggrieved by a proclamation of the City Manager shall have the right to present the matter to the next regular or special meeting of the City Council or to any emergency session called to discuss the water emergency.  The City Council may exempt the aggrieved person, wholly or in part, from compliance with the proclamation order, upon a showing that the compliance creates an immediate threat to the person's health or safety.  The ruling of the City Council by a majority vote of all its members shall be final and binding as to the continuance of any terms of the proclamation.  Until and unless the action of the City Manager is modified or revoked by action of the City Council, all water users shall be bound by the proclamation.
(`90 Code, § 18-38)  (Ord. 2686, passed 6-18-81)
§ 18-77  OFFENSES.
   (A)   Any person who is a resident of the city and in any manner, directly or indirectly, violates or permits others under his or her supervision, custody or control to violate any term of the duty published proclamation shah be guilty of a misdemeanor.  Each separate day of water use in violation of the proclamation shaft constitute a separate offense and each separate prohibited use on the same day shall constitute a separate offense.  Violation of this article shall be punishable as provided in this code.
   (B)   Any person who is a metered user of city water, but who resides outside the city limits shall, upon the first violation of any water usage restriction as provided for in the article or by virtue of the authority granted to the City Manager under this article, be warned in writing that any subsequent violation will result in the city water service being disconnected.  Upon a second violation of any water visage restriction by a metered wiser of city water residing outside the city units of the city, the City Manager shall direct appropriate city employees to disconnect service to the violator.  The city water service shall remain disconnected for the duration of the emergency, whether stage one or stage two, as defined in this article.
(`90 Code, § 18-39)  (Ord. 2690, passed 8-18-81; Am. Ord. 2823, passed - -)
ARTICLE 6:  PUBLIC SEWERS
18-90  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BIOCHEMICAL OXYGEN DEMAND or BOD.  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C., expressed in terms of weight and concentration, milligrams per liter (mg/l).
   BUILDING SEWER.  A sewer conveying wastewater from the premises of a user to the public sewer.
   CITY.  The City of Guthrie, its City Council or its duly designated representative.
   COOLING WATER.  The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
   DOMESTIC WASTEWATER.  Water-borne wastewater normally discharging into the sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories and institutions and commercial establishments.
   INDUSTRIAL WASTEWATER.  Water-home solids, liquids or gaseous wastes resulting from and discharged, permitted to flow or escaping from the industrial, manufacturing or food processing operation of process, or from the development of any natural resource or any mixture of these with water or domestic wastewater, or distinct from normal domestic wastewater.
   INFLOW.  The water discharged into a sewer system, including sewer connections, from such sources as 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 or combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.
   INTERFERENCE.  The inhibition or disruption of the city's treatment processes or operations which contribute to a violation of any requirement of the city's national pollutant discharge elimination system (NPDES) permit(s), which is a permit(s) issued pursuant to Section 402 of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
   NORMAL DOMESTIC WASTEWATER.  Normal wastewater for the city in which the average concentration of suspended solids and five-day BOD is established at not more than 250 mg/l, for each constituent.
   PERSON.  Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.  The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
   POLLUTION.  The manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
   POLLUTANT.  Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
   PUBLIC SEWER.  Any common sewer which is under the direct control of the city.
   STORM WATER.  Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SUSPENDED SOLIDS.  The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
   TOXIC POLLUTANT.  Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the U.S. Environmental Protection Agency under the provision of Section 307(a) of the Clean Water Act, as amended, or any other acts.
   USER.  Any person who contributes, causes or permits the contribution of wastewater into the city's wastewater collection system.
   WASTEWATER.  The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the city's wastewater collection system.
(`90 Code, § 18-43)  (Ord. 2758, passed 1-8-85)
§ 18-91  PROHIBITED DISCHARGES.
   (A)   No person may discharge to the public sewer any waste which by itself or by interaction with other wastes may:
      (1)   Injure or interfere with wastewater treatment processes or facilities;
      (2)   Constitute a hazard to humans or animals; or
      (3)   Create a hazard in receiving waters of the wastewater treatment plant effluent.
   (B)   Any new connections from inflow sources into the sanitary sewer portions of the sewer system shall be prohibited.
   (C)   (1)   It is the intention of the city to regulate present and future industrial wastewater which might be discharged by a user of the facilities.
      (2)   Wastewater introduced into the facilities shall contain no toxic or other pollutants in amount or concentration as determined by the city that endanger public safety or the physical integrity of the treatment works or cause violation of effluent or water quality limitations or preclude the use of the most cost-effective wastewater treatment and sludge disposal system.
(`90 Code, § 18-44)  (Ord. 2758, passed 1-8-85)
§ 18-92  NEW SEWERS AND CONNECTIONS.
   (A)   (1)   A backwater valve shall be installed on all new or replacement building sewers that connect to the public sewer system.  The property owner shall be responsible for the installation, inspection, maintenance, repair, and replacement of all backwater valves.
      (2)   All existing building sewer connections into the public sewer that cause frequent and uncontrolled water and sewer back-ups shall install and maintain a backwater valve conforming to the requirements of the city-approved building codes.
      (3)   The connection of the building sewer into the public sewer shall conform to the requirements of the city-approved building code and other applicable rules and regulations of the city.
   (B)   All new sanitary sewage treatment works and line works shall be designed and constructed in accordance with the requirements of the State Department of Health, regulations and the city rules and regulations.
   (C)   When a public sewer becomes available, within 100 feet from the property line for apartments, trailer parks or other multi-family type users and within 200 feet from the building for any other house or building occupied or used by any person, the building sewer shall be connected to the sewer within 60 days from the time of receiving from the city a written notice to do so.
   (D)   After receiving the city's written notification referenced in division (C) of this section a private property owner who connects to the public sewer will begin receiving their monthly billing for usage. Any private property owner who does not connect to the sewer within the 60 days of receiving written notice pursuant to division (C) of this section shall be billed monthly based on their projected usage as evidenced by similarly situated buildings usage.
   (E)   Should any private owner who receives a notification from the city show that because of the level of the terrain or other natural causes their private line would not gravity flow into the public sewer line the private owner may apply to the city manager for an exemption from the connection requirement and billing provisions for failure to connect. The city manager may grant an exemption if shown by preponderance of evidence that it is impractical to connect the private line to the public sewer line based on existing terrain and inability of the private line to gravity flow to the public line.
(`90 Code, § 18-45)  (Ord. 2758, passed 1-8-85; Am. Ord. 3094, passed 11-6-01; Am. Ord. 3116, passed 7-1-03; Am. Ord. 3162, passed 7-19-05)
ARTICLE 7:  USER CHARGE SYSTEM
§ 18-105  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BIOCHEMICAL OXYGEN DEMAND or BOD.  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C., expressed in terms of weight and concentration in milligrams per liter mg/l.
   CITY.  The City of Guthrie, its City Council or its duly designated representative.
   DOMESTIC WASTEWATER.  Water-borne wastewater normally discharging into sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories and. institutions and commercial establishments.
   INFILTRATION.  The water entering a sewer system, including sewer service connections, from the ground through such means, but not limited to defective pipes, pipe joints, connections or manhole walls.  INFILTRATION does not include, and is distinguished from, inflow.
   INFLOW.  The water discharged into a sewer system, including sewer connections, from such sources as roof leaders, cellars, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers or combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.
   NORMAL DOMESTIC WASTEWATER.  Normal wastewater for the city in which the average concentration of suspended solids and five-day BOD is established at not more than 250 mg/l for each constituent.
   OPERATION AND MAINTENANCE.  The activities required to assure the dependable and economical function of the wastewater collection and treatment facilities.  OPERATION is the control of the component unit processes, equipment and facilities including financial and personnel management records, laboratory control, process control, safety and emergency operation planning.  MAINTENANCE is the preservation of the functional integrity and efficiency of the equipment, structures and facilities including preventive maintenance, corrective maintenance and replacement of equipment as needed.
   POLLUTANT.  Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
   STORM WATER.  Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SUSPENDED SOLIDS or TSS.  The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
   TOXIC POLLUTANT.  Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the U.S. Environmental Protection Agency under the provision of Section 307(a) of the Clean Water Act, as amended, or any other acts.
   USER.  Any person who contributes, causes or permits the contribution of wastewater into the city's wastewater collection system.
   USER CHARGE.  Those charges levied on users of the wastewater facilities for the cost of operation and maintenance of the facilities.
   WASTEWATER.  The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the city's wastewater collection system.
(`90 Code, § 18-47)  (Ord. 2759, passed 1-8-85)
§ 18-106  SEWER USE CHARGE.
   (A)   All users of the municipally-owned wastewater treatment system shall be charged a minimum per month, plus a charge per 1,000 gallons of metered water consumption.  The fees are as set out in the fee schedule at the end of this code of ordinances.
   (B)   In the case of users not on a metered basis, the City Manager shall establish an estimated water consumption based on a comparison of the non-metered user with a metered user of similar class. Example:  A non-metered family of four will be compared to a typical family of four with a water meter to establish water consumption.
(`90 Code, § 18-48)  (Ord. 2759, passed 1-8-85)
§ 18-107  USER CHARGE SCHEDULE.
   (A)   As the BOD, suspended solids and other pollutant concentrations discharged shall be approximately equal for all domestic type users, users shall be charged on a volume basis in accordance with the following formula, which is based on the Federal Water Pollution Control Act of 1972, as amended, 40 CFR Part 35.935-13 and 40 CFR Subpart E, Appendix B, Model #1:
 
Cu = Cb +
(Ct )(Vu)
Vt
 
   (B)   (1)   Cu equals a user's charge for sewer service (total O & M) per unit of time.
      (2)   Cb equals a user's base minimum charge for certain fixed costs per unit of time.
      (3)   Ct equals total operation and maintenance (O&M) costs per unit of time.
      (4)   Vt equals total volume contribution from all users per unit of time.
      (5)   Vu equals volume contribution from a user per unit of time.
   (C)   Example:  It is determined that the total annual fixed costs (debt retirement, administration, billing and the like) for the system is $61,500 and there are a total of 3,100 sewer customers.  Each user's minimum monthly base charge is determined to be $61,500 divided by 3,100 users.  That equals $19.84 divided by 12.  This equals $1.65 per month.  It is further determined that the total annual variable costs (labor, power, supplies, O&M and the like) for the system is $140,000 and that the approximate total volume contribution for all users is 350,000,000 gallons per year.  The variable charge (Ct/Vt) is, therefore, determined to be $140,000 divided by 350,000.  This equals $.40 per 1,000 gallons.  Based upon this example and the above user charge schedule the monthly charge for a customer using 5,000 gallons of water would be $1.65, plus $.40 times five.  This equals $3.65.
(`90 Code, § 18-49)  (Ord. 2759, passed 1-8-85)
§ 18-108  EXCESSIVE STRENGTH CHARGES.
   (A)   For any user, when the BOD5, suspended solids or other pollutant concentration exceeds the range of concentrations of these pollutants in normal domestic wastewater, a surcharge shall be added to the basic charge for, volume as determined under this article.  This excessive strength charge shall be calculated in accordance with the following formula which is based on the Federal Water Pollution Control Act of 1972, as amended, 40 CFR Part 35.935-13 and 40 CFR Subpart E, Appendix B, Model #2:
Cs = [Bc(B)) = Sc(S) + Pc(P] Vu
   (B)   (1)   Cs equals a surcharge for wastewaters of excessive strength.
      (2)   Bc equals O&M costs for treatment of a unit of BOD5.
      (3)   B equals concentration of BOD5 from a user in excess of normal domestic wastewater concentration.
      (4)   Sc equals O&M cost for treatment of a unit of TSS.
      (5)   S equals concentration of any TSS from a user in excess of normal wastewater concentration.
      (6)   Pc equals O&M cost for treatment of a unit of any pollutant.
      (7)   P equals concentration of any pollutant from a user in excess of the base level of that pollutant in normal domestic wastewater.
      (8)   Vu equals volume contribution from a user per unit of time.
   (C)   Example:  It is determined that a system user has excessive strength wastewater, as defined in this article, for BOD5 and suspended solids.  Laboratory test results indicate wastewater concentrations of 600 mg/l for BOD5 and 800 mg/l for suspended solids.  The user's flow volume is 2,000 gallons per day or a total of 40,000 gallons during the subject month is (.04 mg).
   (D)   (1)   Based on city records of current wastewater treatment costs $140,000/year it is determined that 30% of the cost can be allocated to the cost of treating BOD5 and 40% can be allocated to the cost of treating suspended solids.
      (2)   Total annual loading for the system is determined to be 583,804 pounds each for BOD5 and suspended solids.  Thus, the cost to treat a pound of BOD5 is determined to be $.07, while the cost to treat a pound of suspended solids is $.10.
   (E)   Therefore, in this example, and using the excessive strength formula presented above, the system user would be required to pay a surcharge for 350 mg/l excess BOD5 (600 mg/l - 250 mg/l) and for 550 mg/l excess TSS (800 mg/l - 250 mg/l).  Prior to determining the surcharge these concentrations must be converted to pounds using the factor 8.34.  Thus 350 mg/l of BOD5 equals 2,929 pounds (350 mg/l x 8.34 lbs./million gallons) and 550 mg/l of TSS equals 4,857 pounds (550 mg/l x 8.34 lbs/million gallons).  Note: 1 mg/l - 1 ppm.  The amount of the surcharge can now be determined for the month in question by using the formula presented in this section.
   Cs = [Bc(B) + Sc(S) + Pc(P)] Vu
      = (0.07 (2,919) + 0.10(4,587)) .04
      = (204.33 + 458.7) .04
      = (663.03) .04
      = $26.52
(`90 Code, § 18-50)
§ 18-109  REVIEW AND REVISION.
   (A)   The user charge ordinance shall be reviewed not less often than every two years regarding the wastewater contribution of users, the total costs of the operation and maintenance of the treatment works, and its approved user charge system.
   (B)   The charges for users shall be revised to accomplish the following:
      (1)   Maintain the proportionate distribution of operation and maintenance costs among users;
      (2)   Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance, including replacement, of the treatment works; and
      (3)   Apply excess revenue collected from users to the costs of operation and maintenance attributable to those users for the review period.
(`90 Code, § 18-51)  (Ord. 2759, passed 1-8-85)
§ 18-110  TOXIC POLLUTANTS CHARGES.
   Each user that discharges any toxic pollutants which cause an increase in the cost of managing the facilities used as the wastewater treatment works shall pay for the increased costs in accordance with § 18-108.
(`90 Code, § 18-52)  (Ord. 2759, passed 1-8-85)
§ 18-111  NOTIFICATION.
   (A)   Each user shall be notified at least annually in conjunction with a regular bill, or other means acceptable to the U.S. Environmental Protection Agency, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
   (B)   Costs shall be broken down to show the operation and maintenance costs which are attributable to each user.
(`90 Code, § 18-53)  (Ord. 2759, passed 1-8-85)
§ 18-112  CHARGES FOR EXTRANEOUS FLOWS.
   The costs of operation and maintenance for all flows not directly attributable to users, such as infiltration/inflow, shall be distributed among users on the same basis as operation and maintenance charges.
(`90 Code, § 18-54)  (Ord. 2759, passed 1-8-85)
§ 18-113  RECORDS.
   A record keeping system shall be established and maintained by the city to document compliance with federal regulations pertaining to this article, as applicable under 40 CFR 35.2140(d), Federal Water Pollution Control Act of 1972, as amended.
(`90 Code, § 18-55)  (Ord. 2759, passed 1-8-85)
§ 18-114  BILLING.
   Users will be billed on a monthly basis with payment due ten days after the date of billing.  Users of the wastewater system will be billed on the same notice as water charges and will be designated as a separate entry.  Users of the wastewater system not on water service will be billed monthly on an individual notice for wastewater service at the rate established by the City Manager.  Users with delinquent accounts will be notified in writing by the billing department that water and/or wastewater services will be terminated unless the account is paid in full.  The city will utilize the law enforcement agency to assist as required in the control and management of the user charge system.
(`90 Code, § 18-56)  (Ord. 2759, passed 1-8-85)
§ 18-125  PENALTY.
   (A)   Any person, firm or corporation who violates any provision of this chapter is guilty of an offense and, upon conviction, shall be punished as provided in this code.  Each day upon which a violation continues shall be deemed a separate offense. 
(`90 Code, § 18-42)  (Ord. 2523, passed - -)
   (B)   It is hereby declared to be an offense to violate any provision of § 18-29 or any other provision the ordinances or the city code regulating pretreatment of wastewater and regulating storm water discharges and, upon conviction thereof, a fine of not to exceed $1,000 shall be levied for each offense. Each day a violation exists or continues, shall constitute a separate offense. 
(Ord. 2989, passed 5-17-94)
   (C)   (1)   Any person who violates any part or provision of Article 6 shall be guilty of an offense and upon conviction thereof shall be punished as provided in this code.  In addition, any person found guilty of an offense shall become liable to the city for any expense, loss or damage occasioned by the city by reason of the offense.  Each day of continuing violation shall be deemed a separate offense.
      (2)   In addition to proceeding under authority hereof, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
      (3)   The city reserves the right to terminate service to any user that discharges any prohibited wastes into the sewer system.
(`90 Code, § 18-46)  (Ord. 2758, passed 1-8-85)
Cross-reference:
   Arraignment; pleading, see § 12-24