7-2-1: USE OF PUBLIC SEWERS:
   A.   Waste Disposal: 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 City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
   B.   Discharge to Natural Outlet: It shall be unlawful to discharge to any 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 subsequent provisions of this Chapter.
   C.   On-Site Sewage Disposal: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
   D.   Sewer Connection: The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City 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 sewer of the City, are hereby required at their 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 Chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred feet (100') of the property line.
   E.   Extraneous Waters: No person shall discharge or cause to be discharged unpolluted water (inflow) from any roof, surface, groundwater sump pump, footing tile, swimming pool or other natural precipitation into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided in subsection 7-2-1E3. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building or structure, or is connected to the City storm sewer or discharges to the curb and gutter or the street. It shall consist of elements that do not allow altering the path of discharge.
      1.   Before January 1, 1997, any person, firm or corporation having a roof surface, groundwater sump pump, footing tile or swimming pool now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner, as approved by the city.
      2.   Any person refusing to allow their property to be inspected for extraneous water connections within fourteen (14) days of the date city employees or their designated representatives are denied admittance to the property, shall immediately become subject to the surcharge hereinafter provided for in subsection 7-2-11G of this chapter. Any person found to violate this provision shall make the necessary changes to comply with this provision relating to the discharge of unpolluted waters (inflow) into the sanitary sewer system and furnish proof of the changes to the city within ninety (90) days. Each sump pump connection identified may be reinspected by the city, or a licensed plumber, to confirm compliance.
      3.   The city shall have the authority and duty of hearing and deciding requests for waivers from the applicability of this provision where strict enforcement would cause undue hardship because of circumstances or cause a safety problem.
Application for waivers pursuant to this provision shall be addressed in writing to the city. The applications shall, at a minimum, identify the property for which the 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 shall make a decision on the matter and serve a copy of such order upon the applicant by mail. If a seasonal waiver permits the property owner to temporarily discharge directly into the sanitary sewer system between the dates of November 1 and March 31, or a nonseasonal waiver permits the property owner to discharge directly into the sanitary sewer system without seasonal restrictions, the applicant must agree to pay an additional fee as established by the city's fee schedule. The holder of a seasonal waiver shall allow a city employee to certify that prior to April 1 of each subsequent year their discharge water connection has been removed from the sanitary sewer. Failure to provide such certification will place the seasonal waiver holder in violation and subject to the surcharge as outlined in subsection 7-2-11G of this chapter. Any waiver granted shall be recorded at the office of the Clay County recorder. The city shall record the waiver, but the property owner is responsible for the filing fee. If the property owner brings the system into total compliance, a release of waiver shall be filed by the city upon request of the property owner upon payment of the filing fee.
      4.   Properties identified as having sump pump connections will be reinspected by the city to confirm compliance upon sale of the property.
   F.   Disposal Of Septage: No person shall discharge material originating from septic tanks, sewage holding tanks, vaults, storage compartments or other similar facilities without prior issuance of an annual special use permit from the city.
      1.   Application for such a permit shall be made to the city clerk on forms provided. A permit fee shall be paid to the city at the time the application is filed. Evaluation and approval of special use permits shall be made by the city including any special conditions that may be deemed appropriate. Discharges from septic tanks and related systems shall be subject to prohibitions listed in section 7-2-4 of this chapter.
      2.   Special use permits shall be renewable on an annual basis, at the discretion of the city, on January 1 of each year. Failure to renew a special use permit and/or failure to pay the annual renewal fee shall invalidate the permit as of the renewal date.
      3.   Discharge of material described in this subsection F and sanctioned by a valid special use permit shall be made to the city sewerage system only at locations authorized by the city and during normal working hours. A minimum of one-half (1/2) hour prior notification shall be given to the city to enable the presence of city personnel during the discharge operation.
      4.   No discharge of waste material described in this subsection F shall be made to the sewage system unless such discharge is made at the wastewater treatment facility or other site within the system previously approved by the city.
      5.   No discharge of waste material described in this subsection F shall be made to the system in a quantity greater than three thousand (3,000) gallons at any one time unless specifically allowed by a valid special use permit.
      6.   A charge shall be levied to the holder of a valid permit for each discharge at such rate and minimum charge/discharge as shall be established by the city's fee schedule.
      7.   These charges will be based on the industrial rates currently in effect and will be reviewed and updated annually to reflect a sampling of the actual septage materials loading received during the previous calendar year. (1987 Code; amd. Ord. 94-2, 2-22-1994; Ord. 94-21, 1-9-1995; Ord. 98-4, 4-6-1998; Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008; Ord. 2022-12, 5-23-2022)