§ 53.05  INFILTRATION OF SEWER SYSTEM.
   (A)   The City Council finds the discharge of water from any roof, surface ground, cistern overflow, sump pump, footing tile or swimming pool drainage or other natural precipitation into the city sewer system will and has on numerous occasions in the past, flooded and overloaded the sewer system to such an extent as to cause significant and grave damage to the property of a large number of city residents. Such damage is caused by the backup of sewage into living quarters of residents and in addition to other damage creates a hazard to health. The City Council therefore finds it essential to the maintenance of health and to minimize damage to property that the provisions of this section be strictly enforced to avoid emergencies in the future.
   (B)   Any person, firm or corporation having a roof, sump pump, swimming pool discharge, cistern overflow or surface drain now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same prior to December 31, 1994. Dwellings, other buildings and structures which require, because of the infiltration of water into basements, crawl spaces and the like, a sump pump system to discharge excess water, shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system except as provided by temporary wavier of the City Council. Any disconnects or openings in the sanitary sewer lines shall be closed or repaired In an effective, workman like manner so as to prevent infiltration or leak of sewer gas.
   (C)   Every person owning improved real estate that discharges into the sanitary sewer system shall allow the city to have an inspection of the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow his or her property to be inspected shall immediately become subject to the surcharge hereinafter provided. Any property found in violation of this section shall make the necessary changes within ten working days to comply and such changes shall be verified by city inspectors.
   (D)   In lieu of having the city inspect his or her property, any person may furnish to the office of the City Clerk a certificate from a licensed plumber certifying that the property in question is in compliance with this chapter. A minimum surcharge of $100 per month is hereby imposed and shall be added to every sewer billing mailed on or after December 31, 1994, to property owners who are not in compliance with this section. The surcharge shall be added every month until the property is in compliance as found by inspection or licensed plumbers certificate. The imposition of such surcharge shall in no way limit the right of the city to seek an injunction in County Court ordering the property owner to disconnect the nonconforming connection to the sanitary sewer system or from pursuing any other legal remedies available.
   (E)   The Council shall have the power and duty of hearing and deciding requests for temporary waivers from the applicability of the provisions of this chapter where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem.
   (F)   Application for temporary waivers pursuant to this section will be provided by the city.
      (1)   The application shall, at a minimum, identify the property for which the temporary waiver is being applied, the name of the property owner/applicant and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time the City Council shall make its order deciding on the matter and serve a copy of such order upon the applicant by mail or in person.
      (2)   Upon approval of an application for a temporary waiver, a property owner shall be allowed to temporarily pump directly into the sanitary sewer system between the dates as set by the City Council and provided the applicant agrees to pay an additional fee of $25 per application period for the additional sewer service, payable at the time of application submittal. The holder of a temporary waiver shall allow a city official or to employ a licensed plumber to certify prior to the end date of each subsequent year that their discharge water connection has been removed from the sanitary sewer system. A seal will be applied to the valve that discharges to the sanitary sewer system. The seal is to remain in place until a new waiver is granted and can be removed. If at any time the seal is found to be missing or tampered with without the city’s knowledge, then the surcharge will be applied starting from the last known application date of the seal. Failure to provide such certification will place the waiver holder in violation of this chapter.
      (3)   Emergencies may occur at any time to a property. If the property does not have a waiver but circumstances dictate that the sump pump must be discharged to the sanitary sewer, the property owner must contact the city within four hours after the connection is made. A waiver will be filled out by the property owner on the next available business day with payment for the waiver. The waiver will be submitted to the Council for review and approval. When the emergency has been taken care of, the property owner will notify the city and an inspection and seal will be applied as stated above.
      (4)   Storm and heavy rain events will not be considered an emergency under any circumstances.
   (G)   A surcharge of a minimum of $100 per month is hereby imposed and added to every sewer billing mailed on and after December 31, 1994 to property owners who are not in compliance with this chapter. The surcharge shall be added every month until the property is in compliance.
   (H)   Upon verified compliance with this section, the city reserves the right to inspect such property at least yearly to verify compliance herewith.
   (I)   No sanitary or sewerage industrial waste shall contain any substance which is deemed detrimental to the sewer system, including, but not limited to:
      (1)   Any water or waste having a five-day biological oxygen demand exceeding 1,000 parts per million by weight as averaged during any 12-month period;
      (2)   Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
      (3)   Any garbage that has not been properly shredded;
      (4)   Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, animal manure, grit, brick, cement, onyx, carbide or other matter that may interfere with the proper operation of the sewers or sewage treatment plant;
      (5)   Any water or waste having a pH lower than 5.5 or higher than nine, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works;
      (6)   Any water or waste containing a toxic or poisonous substance in sufficient quantities to constitute a hazard to humans or animals, injure or interfere with sewage treatment, or create any hazard in the receiving waters of the sewage treatment plant; and
      (7)   Any noxious or malodorous gas or substance capable of a public nuisance.
   (J)   Discharge of sump pumps into street.  It is hereby unlawful for any person, residence or business to discharge the property’s sump pump directly into the city street between November 1 and April 1 of each year.  Any violation of this section is a petty misdemeanor and is considered a public nuisance. 
   (K)   New construction.  All new residences constructed within the city must include a tagged Y valve for the purposes of directing sump pumps from the sewer to the outside.  The valve should be tagged to prevent discharge into the sewer.  Residents requesting waivers from discharge into the sewer must allow city staff to enter the residence for the purpose of inspecting the Y valve and insuring that the provisions of this section are complied with.
(Ord. 80, passed 4-11-1994; Ord. 115, passed 10-12-2015; Ord. passed 119, passed 8-8-2016)  Penalty, see § 53.99