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Local collector sewers in undeveloped areas shall be undertaken and paid for by one of the following methods:
(A) The subdivider, or developer, must make his or her own arrangements to construct, and pay for required facilities subject to the standard construction specifications and all terms and conditions set out in this subchapter, including division (B) of this section and dedication of facilities to the district without cost and in first class condition upon such completion; or
(B) Full cost of the installation of water mains and sanitary sewers to be borne by the subdivider or developer under whatever terms may be included in a contract between the district and the subdivider or developer. Installations by this procedure may be planned or constructed by either party to the contract. If the subdivider or developer undertakes the construction with his or her own forces or contracts for such construction, he or she shall be wholly and entirely responsible to see that the work conforms to the district’s current standard construction specifications for sewer construction, in order to ensure compliance with district specifications. It shall be his or her responsibility to pay the cost of providing an adequate number of competent, approved resident inspectors during construction. Completed facilities must meet the required performance tests.
(Ord. 01-07.28.16, passed 7-28-2016)
SEWER USE REGULATIONS
This subchapter shall be known as the “Lincoln County Sanitation District Sewer Use Ordinance” and is enacted for the purposes of regulating the disposal of wastes and the use of the district’s sewer system, of adopting industrial pretreatment and reporting standards and of effecting compliance therewith, of helping to insure compliance with all applicable federal and state laws and regulations, and of promoting the health and general welfare of all citizens. This subchapter shall be applicable within the entire limits of the district, and to all persons and places served by the district sewer system. Penalties for violation of the provisions of this subchapter are set forth in § 52.99(A).
(Ord. 01-07.28.16, passed 7-28-2016)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
AUTHORIZED REPRESENTATIVE OF A USER. An authorized representative of a user may be: a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; a general partner or proprietor if the user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates.
AUTHORIZED REPRESENTATIVE OF THE DISTRICT. An authorized representative of the district may be any person designated by the district to act on its behalf.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 C.F.R. § 403.5. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter.
BUILDING or HOUSE. A structure having walls and a roof designed and used for the housing, shelter, enclosure or support of persons, animals, or property.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
BUILDING SEWER PERMIT. The permit required by Kentucky State Plumbing Law for the installation of building sewers.
CATEGORICAL PRETREATMENT STANDARD (NATIONAL CATEGORICAL PRETREATMENT STANDARDS OR PRETREATMENT STANDARD). Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
COD. Chemical oxygen demand.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
CONSTRUCTION FEE. A fee charged to a customer to construct a tap required to serve that customer.
COOLING WATER. The water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other such system, but which has not been in direct contact with any substance which could result in the addition of any polluting material to the water other than an increased temperature of this increase not to exceed limits considered detrimental to any of the facilities of the district or result in any changes in the water characteristics which would be objectionable from the standpoint of odor or other nuisance. The water must be free of oil and polluting material.
COUNTY HEALTH DEPARTMENT. The Lincoln County Health Department.
DILUTION STREAM. Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 C.F.R. Subchapter N.
DISTRICT. The district or contractor of sewage works of the district, or his or her authorized deputy, agent or representative. All powers and duties of the district shall also be applicable to the District Engineer.
EPA. The Environmental Protection Agency of the United States government.
FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER (IU). A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Clean Water Act.
INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from normal sewage.
INFILTRATION. That amount of groundwater from rainfall, streams or other sources of surface water which results in leakage into the public wastewater collection system.
INFLOW. That amount of storm water runoff which enters the public wastewater collection system by leakage of the collection system and/or its appurtenances or by direct connection of storm water drainage systems to the public wastewater collection system.
INTERFERENCE. The inhibition or disruption of the publicly owned treatment works treatment processes or operations which contributes to a violation of any requirement of the district’s national pollution discharge elimination system permit. The term includes prevention of sewage sludge use or disposal by the publicly owned treatment works in accordance with Section 405 of the Act (33 U.S.C. § 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of Solid Waste Disposal Act, applicable to the method of disposal or use employed by the publicly owned treatment works (POTW).
LOCAL COLLECTOR SEWERS. Includes the manholes, collector lines and service lines which abut customers’ properties but do not cross longer spans of undeveloped property.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) that applies to a specific category of industrial users.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NEW SOURCE INDUSTRIAL USER. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is therefore promulgated within 120 days of proposed federal register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
NORMAL SEWAGE. Shall be regarded as normal for the district if analysis show a daily average of not more than 250 milligrams per liter of suspended solids, not more than 250 milligrams per liter of BOD and not more than a total of 50 milligrams per liter of grease and oil.
NPDES PERMIT. The national pollution discharge elimination system permits issued pursuant to PL 92-500, Federal Water Quality Act of 1970, and all amendments thereof.
PASS THROUGH. A discharge of pollutant which cannot be treated adequately by the POTW, and therefore exits into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES/KPDES permit (including an increase in the magnitude or duration of a violation) (40 C.F.R. § 403.3).
pH. The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR. The individual assigned by the Natural Resources and Environmental Protection Cabinet to enforce the plumbing laws and codes of the state within the district area.
PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 C.F.R. § 403.6(d).
PRETREATMENT STANDARDS. Prohibited discharge standards, categorical standards, local limits and any other narrative requirements or best management practices required of the district by the Danville Wastewater Treatment Plant.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have 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 (1.27 centimeters) in any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1291), which is owned in this instance by the City of Danville. The definition includes any sewers that convey wastewater to the POTW treatment plant.
SANITARY SEWER. A sewer which carries sewage and to which storm waters, surface waters and ground waters are not intentionally admitted.
SEWAGE. A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground waters, surface waters, and storm waters as may be present.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
SEWER. A pipe or conduit for carrying sewage.
SEWER WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
SIGNIFICANT INDUSTRIAL USER.
(1) Any industrial user of the district’s wastewater disposal system who:
(a) Has a discharge flow of 25,000 gallons or more per average workday;
(b) Has a flow greater than 5% of the flow in the district’s wastewater treatment system or greater than 5% of the average dry weather hydraulic or organic (BOD, TSS and the like) capacity of the treatment plant;
(c) Has in its waste toxic pollutants as defined pursuant to Section 307 of the Act (33 U.S.C.) or applicable state statutes and rules;
(d) Is found by the district, state Division of Water or the EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system;
(e) Is subject to categorical pretreatment standard(s) under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter I, Subchapter N; or
(f) Has the reasonable potential, in the opinion of the control or approval authority, to adversely affect the POTW treatment plant (such as, cause inhibition, pass through of pollutants, sludge contamination or endangerment of POTW workers) or violate any requirements of this chapter.
(2) The district may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: the industrial user, prior to the district’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements; the industrial user annually submits the certification statement required in 40 C.F.R. § 403.12(q) together with any additional information necessary to support the certification statement; and the industrial user never discharges any untreated concentrated process wastewater.
(3) Upon a finding that a user meeting the criteria in this section has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, the district may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC).
(1) Chronic violations of wastewater limits, defined as those in which 66% or more of all measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameters;
(2) Technical review criteria (TRC) violations, defined as those in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTWs exercise of its emergency authority under 40 C.F.R. § 403.8 (f)(1)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations including violations of best management practices which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG. Any pollutant, including oxygen demanding pollutant, BOD, and the like, released in a discharge of such volume or strength as to cause interference in the city wastewater treatment plant.
STORM DRAIN (STORM SEWER). A sewer which carries storm waters, 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.
TAP ON FEE. A fee charged for the right to connect to the sanitary sewer system.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of Environmental Protection Agency under the provisions of CWA 307(a) or other acts.
TRUNK SEWER LINES. Includes force mains and larger gravity collector lines which travel cross country.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 01-07.28.16, passed 7-28-2016)
(A) Unlawful deposits. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the district or in any area under the jurisdiction of the district, any human excrement, garbage, or other objectionable waste.
(B) Discharge to natural outlets. It shall be unlawful to discharge to any natural outlet, within the district, or in any area under the jurisdiction of the district, any sewage or other priority pollutants or hazardous chemicals as defined by EPA, except where suitable treatment has been provided in accordance with subsequent provisions of this subchapter.
(C) Use of septic tanks, cesspools and the like. Except as provided in this section, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for disposal of sewage.
(D) Connection required where public sewers available.
(1) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the district and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the district, is hereby required at his or her expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this subchapter, provided the public sewer is available as hereinafter defined, within 90 days after date of official notice to do so from the district or other authorized agent. The precise time for compliance shall be determined by the district depending upon the particular facts involved, it being understood the prescribed time limit should be reasonable and practicable.
(2) After 90 days from the date that the notice to connect is issued, billing for sewer service will commence.
(E) Available defined.
(1) The term AVAILABLE as used in connection with this subchapter means a public sewer within 200 feet of the building to be served; whereupon it shall become the duty of the owner of such property to connect the premises to the sewage collection facility. This distance will be measured in a direct line from the sewer tap to the customer’s building.
(2) If a pump is necessary to convey sewage from the customer’s building (or portion of the building), the provisions of the Kentucky Plumbing Code will apply.
(F) Septic tanks, seepage laterals, privies and the like declared public nuisance. The existence within the district, wherever the services of the district sanitary sewage collection, treatment and disposal facilities are available, or may hereafter be made available, as the term AVAILABLE is defined in division (E) of this section, of septic tanks, seepage laterals, privies, earthpits, cesspools, sanitary waste vaults, sewage drainage field, private sewage disposal systems, or any other such facilities or works for the disposition of sanitary sewage wastes other than the facilities of the district, except where suitable treatment has been provided for in accordance with subsequent provisions of this subchapter, is hereby declared to be a menace to the public health, safety and general welfare of the citizens and inhabitants of the district, and is hereby determined and declared to constitute a public nuisance. The existence of such facilities as toilets, sinks, wash basins, shower baths, bathtubs, any commercial or industrial machinery or device producing a liquid waste product, and the like, in or upon any improved property or premises in the district where the facilities of the district’s sewage collection, treatment, and disposal system are available, or may hereafter be made available, is similarly declared to be a menace to the public health and general welfare of the district and its inhabitants, unless such facilities are connected to the district sewage collection, treatment and disposal system. Each connection shall be supervised, inspected and approved by an authorized and qualified agent of the district.
(G) Approval for private sewage treatment systems. Notwithstanding division (F) of this section, any person required in this section to use the public sewers may maintain and use a private sewage treatment and/or disposal system with the written approval of the district.
(Ord. 01-07.28.16, passed 7-28-2016) Penalty, see § 52.99
(A) Required. Where a public sewer is not available under the provisions of § 52.34 of this subchapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section and with the requirements of the County Health Department and other applicable authority.
(B) Connection to public sewer; abandoning and sealing private system.
(1) At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer within 90 days and in compliance with this subchapter unless an exception is granted by the district under the provisions of § 52.33(G) of this subchapter.
(2) The private sewage disposal facilities shall be abandoned and all inlets will be capped, pursuant to the Kentucky Plumbing Code.
(C) Operation. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the district.
(D) Additional requirements. Nothing contained in this subchapter shall be construed to interfere with or limit in any way any additional requirements that may be imposed by the County Health Department or other applicable authority.
(Ord. 01-07.28.16, passed 7-28-2016)
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