CHAPTER 913
Water Pollution Rules and Regulations
   PREAMBLE
   REFERENCES
913.001   Method of using references.
 
   GENERAL
913.010   Definitions.
 
   SEWER INSTALLATION
913.020   Authorization to work on sewers.
913.021   Destruction of sewage works equipment.
913.022   Unauthorized liquid discharge in sewers.
913.023   Unauthorized material discharges in sewers.
913.024   Bonding and license required for sewer workers.
913.025   Sewer permits.
913.025A   Residential or commercial building sewer application.
913.025B   Industrial sewer connection application.
913.025C   Storm drainage connection application.
913.026   Plumbing Inspector’s approval.
913.027   Permit registration with Utilities Director.
913.028   Cost of sewer installation.
913.029   Required independent sewers.
913.030   Old building sewers.
913.031   Sewer installation methods.
913.031.1   Sewer easements.
913.032   Sewer blockage inspection.
913.033   Sewer elevation.
913.034   Prohibition of connection of surface water.
913.034.1   Blockage of prohibited connection as provided for in Section 913.034.
913.034.2   Violation penalty of 913.034.
913.035   Regulations of sewer construction.
913.035.1   Existing sewer system rehabilitation equipment.
913.036   Sewer connection inspection.
913.037   Work inspection and regulations.
913.038   Acceptance of sewers.
913.039   Fees for final inspection.
913.040   Sewer size.
913.041   Guarding excavations and repairing public property.
913.042   Pavement opening permit required.
913.043   Sewer permit conditional.
913.044   Grease and sand traps.
913.048   Manhole cover obstruction.
913.049   Violations of Section 913.020 through 913.049, inclusive.
 
   USE OF PUBLIC SEWERS
913.050   Introduction; findings; declaration of policy.
913.051   Definitions.
913.052   Purpose and intent.
913.053   Prohibition of unsanitary deposits.
913.054   Prohibition of drainage into sanitary sewers.
913.055   Prohibition of unpolluted water in sanitary sewers.
913.056   Unpolluted water discharges.
913.057   Sanitary sewer lateral responsibility.
913.069   Prohibition of new private treatment facilities.
913.070   Required sewer use.
913.071   Operation of private treatment facilities.
913.072   Charges of discharges into streams of polluted waters.
 
   ADMINISTRATIVE
913.200   Types of accounts.
913.201   Application and contract for water/sewer service.
913.202   Reserved for future legislation.
913.203   Reserved for future legislation.
913.204   Application for service by delinquent customers.
913.205   Bankruptcy proceedings.
913.206   Billing and collection periods.
913.207   Time limit on payments.
913.208   Estimated bills.
913.209   No partial payments accepted.
913.210   Bills must be paid in the order contracted.
913.211   Extension of time of payment.
913.212   Service charge for bad checks.
913.213   First bill - new account.
913.214   Final bills.
913.215   Owner may have tenant pay water/sewer bill.
913.216   Delivery of bills.
913.217   Charges for water/sewer are a lien against property.
913.218   Applicants must agree to conform to bylaws.
913.219   Reserved for future legislation.
913.220   Water may be shut off against delinquents.
913.221   Water to be turned off at main for protection and charge therefor.
913.222   Water/sewer may be refused delinquent persons.
913.223   Adjustment of bills.
913.224   If meter fails to register.
913.225   No allowance or rebate on account of leaks.
913.226   Remote register failure.
913.227   Water for public improvements, when to be paid.
913.228   Deduction of water used for fire protection.
913.229   Seasonal accounts.
913.230   Sewer only accounts.
913.240   Principal landlord list.
913.241   Reserved for future legislation.
913.242   Providing notice to a purchaser of real property as to the status of the water and sewer account.
913.246   Rights of purchaser.
913.249   Addendum: listing of charges.
 
   SANITARY SEWERAGE
   SYSTEM - TAP-IN, SERVICE
   CHARGE AND CAPITAL
   IMPROVEMENT CHARGES
913.250   Sanitary sewage system tap-in and service charge.
913.251   Sewer tap-in application.
913.251A   Sanitary sewer application.
913.252   Issuance of permit.
913.253   No waiver of permits fees.
913.254   Deduction from tap-in and service charge.
913.255   Capital improvement fee.
913.256   Description and method for distributing cost of Lorain- Sheffield Township Elyria Township Sanitary Sewer District of the City of Lorain southeast interceptor sewer.
913.257   Description and method for distributing cost for new federally funded sanitary sewers in the City of Lorain under Federal Grant No. C-391087-03.
913.258   Description and method for distributing cost of the newly constructed sanitary sewers in City of Lorain not federally funded under Federal Grant No. C-391087-03.
 
   DISTRICT AREA STORM
   DRAINAGE FACILITIES
   TAP-IN AND SERVICE
   CHARGE
913.270   District area storm drainage system tap-in and service charge.
913.271   Sewer tap-in application.
913.271A   Sewer tap-in application form.
913.272   Issuance of permit.
913.273   No waiver of permit fees.
913.274   Deduction from tap-in and service charge.
 
   SANITARY SEWER RATES
913.300   Need for sewer rental charge.
913.301   Sewer Revenue Fund.
913.302   Readiness to serve charge. (Repealed)
913.303   Sanitary sewer rental charge.
913.304   Determination of application of rates as to inside and outside of the City limits.
913.305   Rates for sewer rental outside City limits.
913.306   Rate payment penalty. (Repealed)
913.307   Exceptions to the sanitary sewer rental charges.
 
   PRIVATE SEWAGE
   DISPOSAL
913.450   Prohibition of new private sewage disposal facilities.
913.451   Installation permit and operation permit.
913.452   Home sewage disposal rules.
913.453   Allowance of existing private disposal facilities.
913.454   Required abandonment of private disposal facilities.
913.455   Regulation of private disposal facilities.
913.456   Inspections of private sewage treatment.
913.457   Violation penalty of Sub-Chapter 913.450.
913.458   New additional requirements of private disposal systems.
 
   SEPTIC TANK WASTE
   DISPOSAL
913.500   License to operate septic tank cleaning units.
913.501   Prohibition of septic tank discharges.
913.502   Annual tank truck permit.
913.502A   Septic tank waste discharge permit.
913.503   Tank truck waste treatment fee.
913.504   Violation penalty for Sub-Chapter 913.500.
913.505   Holding tank requirement.
913.506   Prohibited wastes.
913.507   Sampling.
913.508   Marina waste.
913.509   Trucked and hauled wastes.
 
   POWERS AND AUTHORITY
913.600   Power to enter premises.
913.601   Injury or loss while on premises.
913.602   Power to enter easement properties.
913.603   Power to accept or reject wastes.
913.604   Power to determine surcharge for special wastes.
913.605   Power to establish regulations.
913.606   Regulating and enforcing agencies.
913.607   Power to regulate foreign accounts in sewer system.
913.608   Power to regulate foreign accounts in waterways.
913.609   Written notice of violations.
913.610   Continuance of violation.
913.611   Power to issue citations.
913.612   Liability to City.
913.612.1   Determination of damage costs.
913.613   Determination of penalties.
 
   PENALTIES
913.650   Penalties.
913.651   Payment of penalties.
 
   PERMITS TO DISCHARGE
   INTO NATURAL
   WATERWAYS
913.700   Classes of permits.
913.701   Permit to discharge into waterways.
913.702   Requirements of discharge permit into waterways.
913.703   Obtaining of permit.
913.704   Waterway jurisdiction area.
 
   STREAM QUALITY
   STANDARDS
913.800   Minimum conditions for stream quality standards.
913.801   Protection of high quality waters.
913.802   Water quality design flow.
913.803   Stream-quality criteria.
913.804   Dumping debris into waterways.
913.805   Obstruction of waterways.
913.806   Litter in waterways.
913.807   Dredging into waterways.
913.899   Penalties for Section 913.807.
 
   WATER POLLUTION
   CONTROL BOARD
913.900   Water Pollution Control Board members.
913.901   Authority of Water Pollution Control Board.
913.902   Right to appeal.
 
   WATER, SEWER AND
   WATER POLLUTION
   APPEAL BOARD
913.950   Appointment of Appeal Board.
913.951   Required quorum.
913.952   Salary of Appeal Board members.
913.953   Deposit for hearing.
913.954   Right to appeal.
913.955   Time and place of hearing.
913.956   Amendment to orders.
913.957   Procedure.
913.958   Rules of evidence.
 
   MISCELLANEOUS
913.980   Repeal of conflicting ordinances.
 
CROSS REFERENCES
Power to construct sewerage system - see Ohio R.C. 715.40, 717.01
Compulsory sewer connections - see Ohio R.C. 729.06
Management and control of sewerage system - see Ohio R.C. 729.50
Regulations to control house sewers and connections - see Ohio R.C. 729.51
Untreated sewerage - see Ohio R.C. 3701.59
Interference with apparatus of sewerage disposal - see Ohio R.C. 4933.24
Water pollution control - see Ohio R.C. Ch. 6111
 
PREAMBLE
 
The adoption of rules and regulations is not for the purpose of imposing unnecessary or burdensome regulations upon the use of the sewerage system, sewage treatment plant, or wastewater treatment plant of the City of Lorain, Ohio, the use of public and private sewers and drains, private sewage treatment, the installation and connections of building sewers, and the discharge of waters and wastes into public sewer systems and water courses, but only to provide for the orderly conduct of the business of the City Utilities Department, in order to prevent the pollution of our natural waterways and the protection of our environment.
(Ord. 19-91. Passed 3-18-91.)
 
 REFERENCES
 
913.001 METHOD OF USING REFERENCES.
   In order to establish a format which shall enable persons to read and interpret this chapter easily, references have been inserted. References shall be made both to specific Sections and to whole groups of titled Sections which shall be called Sub-Chapters.
   (a)    Whenever a reference is made to a specific Section, for example Section 913.055, only that Section referred to is pertinent.
   (b)   Whenever a reference is made to a specific Sub-Chapter, for example Sub-Chapter 913.400, the whole group of Sections within the titled Sub-Chapter shall be considered and any pertinent Sections shall apply.
      (Ord. 19-91. Passed 3-18-91.)
GENERAL
913.010 DEFINITIONS.
   (a)   Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
      (1)   "Act" or "The Acts" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
      (2)    "Administrator" means the Administrator of the Environmental Protection Agency, or any person authorized to act for him.
      (3)   "Appeal Board" means that Board as designated in Sub-Chapter 913.950.
      (4)   "A.S.T.M." means the American Society of Testing Materials.
      (5)   "BOD" (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in milligrams per liter.
      (6)   "Building drains" means that part of the lowest horizontal piping of a drainage system which receives discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building wall.
         A.   "Building drain - combined" means a building drain which conveys sewage and storm water or other drainage.
         B.   "Building drain - sanitary" means a building drain which conveys sewage only.
         C.   "Building drain - storm" means a building drain which conveys storm water or other drainage, but no sewage.
      (7)   "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.
         A.   "Building sewer - combined" means a building sewer which conveys both sewage and storm water or other drainage.
         B.   "Building sewer - sanitary" means a building sewer which conveys sewage only.
         C.   "Building sewer - storm" means a building sewer which conveys storm water or other drainage, but no sewage.
      (8)   "Chemist" means a person employed at the City Water Pollution Control with a degree in chemistry or microbiology from an accredited university.
      (9)   "City" means the City of Lorain, Ohio.
      (10)   "City Engineer" means a person employed by the City with a degree in civil, sanitary, or chemical engineering and who supervises the Engineering Department for the City of Lorain.
      (11)   "COD"(Chemical Oxygen Demand) means the quantity of oxygen required to satisfy the carbon in a waste as determined by chemical oxidation of the waste with a strong oxidation agent - acid solution.
      (12)   "Combined sewer" means a sewer receiving both surface drainage and runoff from roof downspouts, exterior foundation drains, street drains, etc., and also sanitary sewage.
      (13)   "Cooling water" means water discharged from any system of condensation, air conditioning, cooling, refrigeration, or any other systems and shall have the quality characteristics of an "unpolluted water."
      (14)   "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the State of Ohio.
      (15)   "Director of Public Service and Safety" means the duly appointed Director of all the Service and Safety Departments in the City of Lorain as agent for the Mayor and as defined and designated by the Ohio Revised Code.
      (16)   "Director of Utilities" means the duly appointed supervisor of the Utilities Department for the City of Lorain.
      (17)   "District area storm drainage" means the stream or conduit transporting the major storm drainage within its natural water shed area or total catchment basin. This major storm drainage provision is in addition to providing the storm drainage facility for the initial storm run off, varying from an expected frequency of recurrence of once in two years, to once in five years, in the district subcatchment areas and discharged into a subcatchment tributary stream or conduit. Provisions shall be made to obviate major property damage and loss of life for that storm run off expected to occur once each twenty-five years Such provisions are known as major drainage systems in an area district.
      (18)   "Environmental Protection Agency" or "EPA" means the United States or Federal Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
      (19)   "Federal Act" means the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
      (20)   "Foreign accounts" means the water or sewerage accounts of any political subdivision, other than the City, which supplies or is supplied sewerage service.
      (21)   "Garbage" means solid wastes from the domestic and commercial preparation, cooking, or dispensing of food, or from the handling, storage, or sale of produce.
      (22)   "Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
      (23)   "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
      (24)   "Incompatible pollutant" means a waste constituent which interferes with the operation and performance of the wastewater treatment works.
      (25)   "Indirect discharge" means the discharge or the introduction of nondomestic 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).
      (26)   "Intercepting sewer" means a sewer intended to receive flows from both combined sewers and sanitary sewers; or a sewer whose primary purpose is to transport wastewater from collector (local) sewers to a Wastewater Treatment Plant.
      (27)   "Maintenance" means the upkeep and repair costs required to maintain the wastewater treatment works structures and equipment in efficient operating condition during the service life of such works.
      (28)   Natural outlet" means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
      (29)   "NPDES" or "National Pollutant Discharge Elimination Systems permit" means any permit or equivalent document or requirements issued by the State water pollution control agency to regulate the discharge of pollutants from the wastewater treatment works.
      (30)   "Ohio Environmental Protection Agency (OEPA)" means the department of the State of Ohio assigned and designated as the legal authority of administration, supervision and regulation of wastewater (municipal, private, and industrial) treatment plants in Ohio, under amended State Bill 397, and any subsequent amendments.
      (31)   "0, M & R Contingency Fund" means a separate fund under the Capital Improvements section of the annual budget that must be kept at a certain percentage of the previous year's actual operation, maintenance and replacement cost.
      (32)   "O, M & R Cost" means the operation, maintenance and replacement cost to efficiently operate and maintain the City of Lorain's wastewater works as defined in this chapter.
      (33)   "Operation" means any physical and mechanical actions, processes or functions required to efficiently operate the wastewater treatment works as defined herein.
      (34)   "Person, enterprise, establishment, or owner" means any individual, partnership, firm, company, association, society, corporation or any other entity using the sewage works or sewerage system.
      (35)   "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
      (36)   "Phosphorus" means a constituent in wastewater as identified in "Standard Methods for the Examination of Water and Wastewater."
      (37)   "Pollutant" means 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.
      (38)   "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
      (39)   "POTW"(Publicly Owned Treatment Works) means a treatment works as    defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewer, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" also includes any sewers that convey wastewaters to the POTW from persons outside the City of Lorain who are, by contract or agreement with the City of Lorain, users of the City of Lorain's POTW
      (40)   "POTW treatment plant" means that portion of the POTW designed to provide treatment of wastewater.
      (41)    "Properly shredded garbage" means the wastes from the preparation, cooking, or 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.
      (42)   "Public sewer" means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
      (43)   "Replacement" means expenditures for obtaining and installing equipment, accessories or appurtenances necessary to retain design capacity and performance of the wastewater treatment works throughout the City's jurisdiction.
      (44)   "Sanitary sewer" means a sewer which carries sewage and industrial waste and to which storm, surface, or groundwaters are not intentionally admitted.
      (45)   "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface or stormwaters as may be present.
      (46)   "Sewage service charge" means the fee required to maintain sewers and to cover the cost of treating "normal sewage" in the City of Lorain, at a rate passed by Council in ordinance.
      (47)    "Sewage treatment plant", "wastewater treatment plant", or "water pollution control plant" means any arrangement of devices and structures used for treating sewage.
      (48)   "Sewage works", "wastewater treatment works", or "sewerage system" means all facilities for collecting, pumping, treating or disposing of sewage.
      (49)    "Sewer" means a pipe or conduit for carrying sewage.
      (50)    "Shall" is mandatory; "May" is permissive.
      (51)    "S-Meter" means:
         A.   A meter or meters used on a water supply other than a municipal water supply, such as wells, private water company, etc., and/or surcharge.
         B.   A meter or meters used to supplement the meter or meters measuring a municipal water supply and considered necessary in the determination of the sewerage service charge and/or surcharge.
      (52)   "State" means the State of Ohio.
      (53)   "Storm drain" or "storm sewer" means a pipe or conduit which carries storm and/or surface waters and/or drainage, but excludes sewage and/or industrial wastes; it may, however, carry cooling waters and/or unpolluted waters.
      (54)   "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
      (55)   "Superintendent" means the Superintendent of Water Pollution Control of the City of Lorain.
      (56)   "Suspended solids" means 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.
      (57)   "Unpolluted water or waste" means the minimum conditions applicable to all waters at all places and at all times.
      (58)   "User" means any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
      (59)   "User charge" means a charge levied on users of the wastewater treatment works for the operation, maintenance and replacement costs of such works.
      (60)   "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Centigrade for fifteen to twenty minutes.
      (61)   "Wastewater" or "sewage" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
      (62)   "Water distribution system" means all the facilities for treating, pumping, or distribution of potable water.
      (63)   "Water pollution control plant" means any arrangement of services or structures used for treating sewage.
      (64)   "Water supply meter" means any meter used on any water supply line supplying water to a premise from any source, whether municipal or private, such as meters on service branches from municipal water mains, meters on service branches from private water company water mains, meters on lines from wells or any other meters as shall be determined by the City of Lorain.
      (65)   "Watercourses" means a channel in which a flow of water occurs, either continuously or intermittently.
      (66)   "Waters of the State" as referred to under Ohio R.C. 6111.01(H), means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, which are situated wholly or partly within, or border upon, this State, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters. Also those waters which drain to or effect a junction with other waters draining to the Black River and Lake Erie from the territory within the Lake Erie watershed.
      (67)   "W.P.C.F." means the Water Pollution Control Federation.
         (Ord. 19-91. Passed 3-18-91.)
SEWER INSTALLATION
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