925.01 General provisions.
925.02 Sewer use regulation.
925.03 User charge regulation.
925.04 Industrial pretreatment regulation.
925.05 Miscellaneous.
925.99 Penalty.
CROSS REFERENCES
Compulsory sewer connections - see Ohio R.C. 729.06
Sewerage rates - see Ohio R.C. 729.49
Untreated sewage - see Ohio R.C. 3701.59
Interference with sewage flow - see Ohio R.C. 4933.24
Assessments - see Ohio R.C. Ch. 729
Sewer rates - see S.U. & P. S. 921.09
(a) Purpose.
(1) It is the purpose of this regulation to establish guidelines, policies, procedures, rates, and penalties for the safe, efficient, and sound fiscal operation of the wastewater collection and treatment system owned by the City of New Lexington. This regulation is required to comply with certain requirements of the United States Environmental Protection Agency and the Ohio Environmental Protection Agency.
(2) The Sewer Use Regulation is intended to protect and preserve the physical integrity of the sewage collection and treatment works and to provide a trust fund for the future renovation or expansion of the collection and treatment system.
(3) The User Charge System is intended to ratably recover from the classes of sewer system users the costs of operation, maintenance, capital debt, repair, replacement and reasonable contingencies.
(4) The Industrial Pretreatment Regulation is intended to establish guidelines and standards necessary for the control of industrial waste discharged into the New Lexington sewage disposal system in order to prevent the introduction of pollutants into the wastewater system which could upset the normal operation of the treatment plant or contaminate the resulting sludge.
(b) Organization of Regulation.
This regulation is divided into five divisions:
925.01: General provisions.
925.02: Sewer use regulation
925.03: User charge regulation
925.04: Industrial pretreatment regulation
925.05: Miscellaneous
(c) Other Dischargers. For the purposes of this regulation, the City of New Lexington, acting through its designated officials, shall have the right to contract with other dischargers if sufficient capacity is available in the sewer system and wastewater treatment plant.
(d) Definitions.
(1) ACT: Shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
(2) APPLICABLE PRETREATMENT STANDARD: Shall mean pretreatment limit or prohibitive standard (federal and/or local), deemed to be the most restrictive, with which non-domestic users are required to comply.
(3) APPROVAL AUTHORITY: Shall mean the Ohio Environmental Protection Agency and the United States Environmental Protection Agency.
(4) AUTHORITY: Shall mean the City of New Lexington acting through its designated representative for all areas in Perry County included in the respective sewer district tributary to the Authority's WWTP.
(5) AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: Shall mean:
A. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
B. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
C. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
(6) AVERAGE MONTHLY DISCHARGE LIMITATION: Shall mean the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during the month.
(7) AVERAGE WEEKLY DISCHARGE LIMITATION: Shall mean the highest allowable average of “daily discharges” over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
(8) BENEFICIAL USES: Shall include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible and intangible, as specified by state or federal law.
(9) BIOCHEMICAL OXYGEN DEMAND (BOD): Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter [mg/l]). Laboratory procedures shal1 be in accordance with the latest edition of Standard Methods.
(10) BUILDING DRAIN: Shall mean 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 a building and conveys it to the sewer, terminating outside the inner face of the building wall.
(11) BUILDING SEWER: Shall mean the extension from the building drain to the municipal sewer or other place of disposal.
(12) CAPACITY CAPITAL IMPROVEMENTS CHARGE: Shall mean the charge levied on all users in the system to help fund future POTW expansions.
(13) CAPITAL COST: Shall mean that portion of the cost of the sewage treatment system which is directly attributable to the cost of principal and interest obligations issued to finance acquisition and construction of the wastewater system.
(14) CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBCD): Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter not including nitrification under standard laboratory procedure in five (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)). Laboratory procedures shall be in accordance with the latest edition of Standard Methods.
(15) CHEMICAL OXYGEN DEMAND (COD): Shall mean the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures, expressed in terms of parts per million by weight in accordance with procedures set forth in the latest edition of Standard Methods.
(16) CHLORINE REQUIREMENT: Shall mean the amount of chlorine, in parts per million by weight, which must be added to sewage to produce a specified residual chlorine content, or to meet the requirements of some other objectives, in accordance with procedures set forth in the latest edition of Standard Methods.
(17) COMBINED SEWER: Shall mean a sewer intended to receive both wastewater and storm or surface water.
(18) COMMERCIAL USER: Shall mean any aggregation of space, office, laundry, restaurant, stores, taverns, shops, and other like units, which is equipped with one or more water fixtures draining into the wastewater disposal system, separate and distinct from other users of service. In office buildings or other premises containing more than one tenant, only those tenants shall be classified as users of service who occupy space equipped with a distinct opening or fixture or set of fixtures for the use of water separately from other tenants and with waste draining into the water disposal system.
(19) COMPATIBLE POLLUTANT: Shall mean the BOD, SS, pH, and fecal coliform bacteria, plus additional pollutants identified in the Authority's NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.
(20) COMPOSITE SAMPLE: Shall mean a sample which contains a minimum of eight (8) discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
(21) CONTROL MANHOLE: Shall mean a structure which provides access to a building sewer. A control manhole may be used as an inspection chamber and may contain certain testing equipment.
(22) COOLING WATER: Shall mean the water discharge from any use such as air-conditioning, cooling, or refrigeration, or during which the only constituent added to the water is heat.
(23) DAILY DISCHARGE: Shall mean the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.
(24) DEBT SERVICE CHARGES: Shall mean charges resulting from the capital investment in wastewater system consisting of the annual principal and interest payments and other amounts required in connection with the issuance and sale of bonds to provide the Funds for Construction.
(25) EASEMENT: Shall mean an acquired legal right of the specific use of land owned by others.
(26) EPA OR U.S. ENVIRONMENTAL PROTECTION AGENCY: Shall mean the United States Environmental Protection Agency and may also be used, where appropriate, as a designation for the administrator or other duly authorized official of such agency.
(27) ETHER-SOLUBLE MATTER: Shall mean oil and grease which is soluble in ether, as measured in the laboratory procedure made in accordance with the method set forth in Standard Methods.
(28) FECAL COLIFORM: Shall mean any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
(29) FLOATABLE OIL: Shall mean oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(30) FOUNDATION DRAINS: Shall mean subsurface drains laid around the Foundation of a building, either within or outside of the building foundation, for the purpose of carrying ground or subsurface water to some point of discharge.
(31) GARBAGE: Shall mean the residue from the preparation and dispensing of food, and from the handling, storage, and sale of produce.
(32) GOVERNMENTAL USER: Shall mean any user discharging wastewater from premises utilized by public political units, including Federal, State, County, and Authority units.
(33) GRAB SAMPLE: Shall mean 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.
(34) GREASE AND OIL: Shall refer to a group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with Standard Methods.
(35) GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN: Shall mean substances that are of a less readily biodegradable nature such as are discharged by meat packing, vegetable oil, and fat industries, food processors, canneries, and restaurants.
(36) GREASE AND OIL OF MINERAL ORIGIN: Shall mean substances that are less readily biodegradable than grease and oil of animal or vegetable origin, and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes, and storage depot wastes.
(37) GROUND GARBAGE: Shall mean the residue from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
(38) INCOMPATIBLE POLLUTANT: Shall mean any pollutant which is not a compatible pollutant as defined herein.
(39) INDUSTRIAL USER: Shall mean a person who discharges to the Authority's wastewater disposal system liquid, solid, or gaseous wastes resulting from the processes employed in industrial or manufacturing activities, or from the development, recovering, or processing of any natural resource. Industrial users are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, under Divisions A, B, D, E, and I.
(40) INDUSTRIAL WASTE: Shall mean any liquid, solid, or gaseous substance or form of energy, or combination thereof, resulting from any process of industrial, commercial, governmental and institutional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources other than those generating waste defined as “Normal Domestic Sewage” herein.
(41) INDUSTRIAL WASTE PERMIT: Shall mean a formal permit to deposit or discharge industrial waste into any sanitary sewer, as issued by the Authority.
(42) INFILTRATION: Shall mean water other than wastewater that enters a sewer system (including building sewer connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
(43) INFLOW: Shall mean water other than wastewater that enters a sewer system from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
(44) INFLUENT: Shall mean the water, together with any waste that may be present, flowing into a drain, sewer, receptacle, or outlet and then to the sewage treatment plant.
(45) INSPECTION FEE: Shall be the amount charged by the Authority to inspect and issue a permit for new users to verify proper construction procedures and materials.
(46) INSTITUTIONAL USER: Shall mean any person discharging wastewater from premises serving educational, social, or eleemosynary purposes, including, but not limited to, private schools, hospitals, nursing homes, churches and charitable organizations.
(47) INTERFERENCE: Shall mean inhibition or disruption of the sewage treatment processes or operations which contributes to a violation of any requirements of the Authority's NPDES permit. The term includes prevention of sewage sludge use or disposal by the treatment plant 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, the Clean Air Act, the Toxic Substance Control Act, or more stringent state criteria (including those contained in any State sludge management plan prepared pursuant to Title IV or the Solid Waste Disposal Act) applicable to the method of disposal or use employed by the Authority.
(48) MAJOR CONTRIBUTING INDUSTRY: Shall mean any user of the Authority's wastewater disposal system which:
A. Has a disposal flow of 25,000 gallons per average workday, or
B. Has a flow greater than five percent (5%) of the flow in the Authority's wastewater disposal system, or
C. Has its wastes toxic pollutants as defined pursuant to Section 307 of the Act, or
D. Has significant impact, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
(49) MAXIMUM DAILY DISCHARGE LIMITATIONS: Shall mean the highest allowable daily discharge.
(50) NATIONAL CATEGORICAL PRETREATMENT STANDARD: Shall mean any regulation containing pollutant discharge of 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.
(51) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: Shall be issued by the State of Ohio or EPA pursuant to the Act for the purpose of regulating the discharge of sewage, industrial wastes, and other wastes under the authority of Section 402 of the Act, into the navigable waters of the United States.
(52) NATURAL OUTLET: Shall mean any outlet into a water course, pond, ditch, lake, or other body of surface or ground water.
(53) NEW SOURCE: Shall mean any source of wastewater, the construction of which is commenced after the publication of regulations prescribed in applicable Section 307 (c) (33 U.S.C. 1317) Categorical Pretreatment Standard as promulgated in the Federal Register. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation. Construction of a new source as defined under this paragraph has commenced if the owner or operator has begun or caused to begin a continuous on-site construction program. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time.
(54) NONRESIDENTIAL USER: Shall mean commercial, governmental, institutional, and industrial users in the aggregate and all other users not considered under the residential user category.
(55) NORMAL DOMESTIC SEWAGE: Shall mean wastewater characterized by wastes created in the preparation of foods, bathing, laundry facilities, and sanitary facilities, i.e., resulting from normal living functions conducted in a domicile. It is characterized as average wastewater which when analyzed shows by weight a daily average of not more than 300 parts per million of suspended solids and not more than 250 parts per million of biochemical oxygen demand (BOD).
(56) NPDES: See National Pollutant Discharge Elimination System Permit.
(57) OPERATION AND MAINTENANCE COSTS: Shall mean the current, reasonable and necessary costs of operation and maintenance of the wastewater disposal system, paid or incurred, determined in accordance with generally accepted accounting principles, including replacement costs, but excluding payments of principal and of interest on obligations issued to finance the costs of acquisition and construction of the treatment works.
(58) PARTS PER MILLION (ppm): Shall mean a weight-to-weight ratio. The parts-per-million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. Milligrams per liter (mg/l) is a synonymous term.
(59) PERSON: Shall mean any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, association, institution, enterprise, governmental agency, the State of Ohio, the United States of America, or other legal entity, or their representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(60) pH: Shall mean the logarithm, base ten, of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in Standard Methods.
(61) POLLUTANT: Shall mean the dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, monitor, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic, and agricultural waste discharged into water, the Federal Register, or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.
(62) POLLUTION: Shall mean an alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. Pollution is the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(63) POTW: See Publicly Owned Treatment Works.
(64) PREMISES: Shall mean any piece of real estate having one or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the wastewater disposal system.
(65) PRETREATMENT: Shall mean the process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater prior to introducing such pollutants into the Authority's wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical, or biological processes, process changes or other means, except as prohibited by this chapter.
(66) PRETREATMENT REQUIREMENTS: Shall mean any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(67) PRIVATE ON-SITE TREATMENT FACILITIES: Shall mean any private sewage treatment facilities located at the site where wastewater is being generated, when such facilities are for the purpose of treating or pretreating the generated wastewater before it enters the public sewer.
(68) PROPERLY SHREDDED GARBAGE: Shall mean 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 conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.
(69) PUBLIC SEWERS: Shall mean a sewer provided by or subject to the jurisdiction of the Authority on public property. It also includes sewers within or outside the Authority boundaries that serve one or more persons and ultimately discharge to the Authority sanitary sewer system, even though these sewers may not have been constructed with Authority funds.
(70) PUBLICLY OWNED TREATMENT WORKS (POTW): Shall mean all publicly owned (Authority owned) facilities for the collection, treatment, and disposal of wastewater.
(71) RECEIVING STREAM: Shall mean the watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
(72) REIMBURSABLE EXPENSES: Shall mean those costs incurred by the Authority which are passed on to the users of the POTW on whose behalf the expenses were incurred. Included will be such items as sampling costs and laboratory fees.
(73) REPLACEMENT: Shall mean any expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. Also known as “equipment replacement costs.”
(74) RESIDENTIAL USER: Shall be any aggregation of space or area occupied as a residence and generating domestic wastewater. In multi-use premises, only those divisions of the building utilized as domicile will be considered residential users.
(75) SANITARY SEWER: Shall mean a gravity or pressure sewer which carries wastewater and to which storm, surface, and groundwaters are not intentionally admitted.
(76) SERVICE AREA: Shall mean all users connected with the treatment works including those that may be in Perry County outside of the New Lexington City corporation limits.
(77) SEWAGE: Shall mean the water-carried human, animal, and household wastes in public or private drain, and may include industrial wastes and unintentional groundwater infiltration and surface drainage.
(78) SEWAGE DISPOSAL SYSTEM: Shall mean all facilities for collecting, pumping, treating, and disposing of sanitary sewage to and through the sewage treatment or disposal works or extensions thereof. This shall not include plumbing inside or in connection with building services or service sewers from a building to the publicly owned sewer connection.
(79) SEWAGE TREATMENT PLANT: Shall mean an assemblage of devices, structures, and equipment for treatment of sewage and industrial waste.
(80) SEWER: Shall mean a pipe or conduit for carrying wastewater.
(81) SEWERAGE: Shall mean the system of sewers and appurtenances for the collection, transportation, and pumping of sewage and industrial waste.
(82) SEWER SERVICE CHARGE: Shall mean an imposed charge upon all users receiving services from the Authority's sewage disposal system in a total amount sufficient to pay the costs of the system. Sewer service charges consist of a debt service charge, a capital improvements charge, an operation and maintenance and replacement charge, and a surcharge (if applicable).
(83) SHALL, MAY: “Shall” is mandatory; “may” is permissible.
(84) SLUDGE: Shall mean any solid, semi-solid, or liquid waste generated by a public, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 of the Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act (PL 94- 580).
(85) SLUG: Shall mean any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of longer duration than fifteen (15) minutes more than five (5) times its average twenty-four (24) hour concentration or flow or more than five (5) times the twenty-four (24) hour allowable concentration of any substance listed in the Federal Register or Administrative Orders, or which causes interference to the City wastewater plant.
(86) STANDARD INDUSTRIAL CLASSIFICATION (SIC): Shall mean the system that classifies industries pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, assigning a code (SIC Code) denoting the manufacturing process.
(87) STANDARD METHODS: Shall mean the laboratory procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage, and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Associations.
(88) STORM SEWER or STORM DRAIN: Shall mean a public or private sewer and public ditch which carries storm, surface, and groundwater drainage, but excludes sewage and industrial wastes.
(89) STORMWATER RUNOFF: Shall mean that portion of rainfall that is drained into the storm sewers.
(90) SUPERINTENDENT: Shall mean the Superintendent of the Public Service Department of the City of New Lexington, or his authorized deputy, agent, or representative.
(91) SURCHARGE: Shall mean the assessment in addition to the service charge which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
(92) SUSPENDED SOLIDS (SS): Shall mean solids that either float on the surface of, or are in suspension or will settle in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.
(93) TOTAL SOLIDS: Shall mean the sum of suspended and dissolved solids.
(94) TOXIC POLLUTANTS: Shall mean concentrations of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of the Act.
(95) TREATMENT PLANT: See “Sewage Treatment Plant.”
(96) UNPOLLUTED WATER or UNPOLLUTED LIQUID: Shall mean any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalies; substances that may impart taste, odor, or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall not contain more than 2,500 parts per million by weight of dissolved solids and no more than ten parts per million each of Suspended Solids (SS) or biochemical oxygen demand (BOD). Analytical determinations shall be made in accordance with procedures set forth in Standard Methods.
(97) UPSET or OPERATING UPSET: Shall mean an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth hereto due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
(98) USEFUL LIFE: Shall mean the estimated period during which a treatment work will be operated.
(99) USER: Shall mean any property which is available and connected to the building drain.
(100) USER CHARGE: Shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
(101) USER CLASS: Shall mean a group of users that discharges, causes, or permits the discharge of wastewater with similar characteristics into the sewerage system. All users shall be classified as nonresidential (commercial, governmental, industrial and institutional) and residential users.
(102) VOLATILE ORGANIC MATTER: Shall mean the material in the sewage solids transformed to gases or vapors when heated at 500 degrees Centigrade for 15 to 20 minutes per Standard Methods.
(103) WASTEWATER: Shall mean the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the Authority's wastewater disposal system.
(104) WASTEWATER TREATMENT PLANT: (See Sewage Treatment Plant).
(105) WATERCOURSE: Shall mean a channel in which a flow of water occurs, whether continuously or intermittently.
(106) WATERS OF THE STATE: Shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
(107) WORKING CAPITAL: Shall mean a reasonable reserve of monies within the system operating fund to provide a margin of safety for fluctuations of the cash flow in the fund.
(Ord. 92-23. Passed 10-5-92.)
(a) Use of Public Sewers Required.
(1) No person shall place, deposit or permit to be deposited, in any unsanitary manner on public or private property within the Authority or in any area under the jurisdiction of the Authority, any human or animal excrement, garbage or other matter which is or may become offensive, noxious, or dangerous to the public health.
(2) No person shall discharge to the waters of the State within the area under the jurisdiction of the Authority, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the requirements of the EPA or the local health department.
(3) Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(4) The owner of any house, building, or properties used for human occupancy, employment, recreation, or other purposes, situated within the area under the jurisdiction of the Authority 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 Authority, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly to the sanitary sewer, in accordance with the provisions of this regulation, within 180 days after date of official notice to do so, provided that such street, alley, or right-of-way is within 200 feet of the foundation walls of such house, building, or other property at all usable for human occupancy.
(5) Where a public sanitary sewer is not available under the provisions herein, the building sewer shall be connected to a private sewage disposal system complying with the provisions of the regulations of the Perry County Health Department.
(6) Before commencement of construction of a private sewage disposal system, the owner shall first obtain written permission signed by the Superintendent. The application for such permit shall be made on a form furnished by the Authority, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent.
(7) The type, capacities, location, and layout of a private sewage disposal system shall comply with all provisions of the regulations of the Perry County Health Department.
(8) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with sand or other suitable material at the time the connection to the public sewer is made and the owner shall comply with all requirements of the Authority.
(9) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Authority.
(10) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Authority.
(b) Building Sewer Permit.
(1) Before any building sewer is constructed, repaired or altered, a building sewer permit must be obtained from the Authority. All building sewer permits issued hereunder shall expire ninety (90) days from the date of issuance. No refund of the building sewer permit and inspection charge shall be made unless a request is made and the building sewer permit returned within the ninety (90) day permit period.
(2) The applicant for a building sewer permit must furnish the following information on special forms furnished by the Authority:
A. Name of owner; and
B. Owner's mailing address; and
C. Name of subdivision and lot number or legal description of unparceled land; and
D. Mailing address of the property; and
E. Name and address of the construction contractor, if any; and
F. The building sewer permit fee; and
G. Plans, specifications, or other information considered pertinent in the judgement of the Authority.
(3) Such building sewer permit will be issued only to a person who can satisfy the Authority that he is competent to do such work. A building sewer permit inspection charge as set forth in Section 921.09
shall be paid to the Authority at the time of application for the building sewer permit.
(c) Sewer Construction and Maintenance.
(1) All building sewers shall be inspected and approved by the Authority after installation but before covering with backfill. The person to whom the building sewer permit has been issued shall call the Authority, requesting the inspection, at least 48 hours before the inspection is desired.
The construction shall include all facilities needed to connect to the sewer system. All costs should be done by the owner. The owner shall indemnify the Authority from any loss or damage that may indirectly or directly be occasioned by the installation of the building sewer.
(2) The building sewer shall be constructed of a size not less than four inches, internal diameter. All materials used shall be new and of first quality and acceptable to the Superintendent. The building sewer shall be constructed of one of the following alternative materials: Extra strength vitrified pipe, ASTM C700, with precast plastic or rubber gasket ASTM C425, or chemically welded plastic pipe, ASTM D3034 (SDR-35) with elastomeric gasket joints per ASTM D3212 of the integral bell type. All joints and connections shall be made gas tight and water tight. The Authority may require the sewer tapper to demonstrate the tightness of the joints by such tests as he may deem necessary and require additional jointing material or concrete collars at any or all joints.
(3) A four inch building sewer shall have a minimum fall of 1/4 inch per linear foot of sewer from the building to the public sewer. A six inch building sewer shall be constructed with a minimum fall of 1/8 inch per linear foot. Common services for more than one building or services to nonresidential users shall not be less than six inches in diameter. The junction between the building sewer and the house plumbing shall be made gas and water tight.
(4) The interior of each length of pipe shall be made perfectly clean and free from offsets, fins and projections before the next length is connected thereto. All building sewers shall be graded by line and pole, the line being first leveled from the building to the public sewer and then lowered at the down stream end to obtain the required fall.
(5) Any sewer contractor, before laying pipe or making the connection to any wye, tee, riser or crossover, shall uncover said appurtenances to ascertain the condition. No sewer pipe shall be laid before the representative of the Superintendent is on the job. The sewer contractor shall determine the slope of the building sewer from the elevations of the existing public sewer connection and the connection at the building, with prescribed minimum slope. Should there not be enough fall available to provide the minimum slope, the Superintendent shall be advised immediately. Sewer pipe laying shall start at the connect to the public sewer. The sewer contractor shall install a tee at the point of connection to the public sewer and shall provide adequate facilities to plug this tee and water test the completed building sewer with an equivalent of 10 feet of water head, in the presence of the Superintendent, or his authorized agent. Upon satisfactory completion of this test and approval by the Superintendent, or his authorized agent, the sewer contractor shall connect the sewer to the building drain. The sewer contractor shall install a joint adaptor, if necessary, to connect on the building sewer. The Superintendent may permit or require a low pressure air test.
(6) The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Under no conditions shall a 90-degree bend pipe fitting be installed into any public or private sanitary sewer line. Any public or private utility service structure or line shall be maintained at a minimum of five feet horizontal clearance between said building sewer and said utility, except for water lines which shall be maintained at a minimum of 10 feet horizontal clearance, unless that part of the building sewer that is located within 10 feet of a water line shall be encased in concrete. No other utilities will be permitted in the same trench as the building sewer.
(7) A separate and independent building sewer shall be provided for each residence or building; except where one building stands at the rear of another on an interior lot and separate building sewers cannot be made available to each building; thence one building sewer maybe extended to serve both buildings. A permit shall be obtained for each building connected to the building sewer.
(8) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
(9) Foundation drains shall not be connected, either directly or indirectly to the building sewer or public sewer. If any drains are installed, carrying surface or subsurface water, they shall be constructed to carry said water to the street or other natural water courses.
(10) Surface water which collects in basement or foundation excavations shall not be discharged at any time into the building sewer. If the building sewer is completed before the house plumbing can be connected thereto, the building or sewer tapper shall keep the end of the building sewer tightly closed at all times with a plumber's plug or other water tight plug in order to prevent said surface or ground water from entering the building sewer.
(11) Old or existing building sewers may be used in connection with new building or alterations only when it can be demonstrated that they conform in all respects to the requirements contained herein for new building sewers.
(12) Building sewers shall not be constructed closer than three feet to any exterior wall, cellar, basement or cistern nor shall they have less than two feet of earth or stone cover.
(13) All excavation for sewers shall be by open cut from the surface. The sides of the trench shall be substantially vertical, using such sheeting and bracing as may be necessary to accomplish this result. The bottom of the excavation shall be shaped to fit the lower half of the sewer so that the pipe will have uniform bearing from end to end. In the event the trench is excavated below the required grade of the pipe, the excess space shall be filled with pea gravel or stone not over 3/4 inch in diameter. The width of the trench at the top of the pipe shall not exceed two feet plus the outside diameter of the pipe nor shall the width at that point be less than one foot plus the outside diameter of the pipe.
(14) The Authority cannot guarantee the exact location of any existing wye, tee, riser, or crossover. The connection of the building sewer into the public sewer shall be made at a riser, tee, or wye, if such outlet is available at a suitable location. Where no properly located outlet is available in the public sewer, the owner shall at his expense, cut a neat hole into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45° and at the location specified by the Superintendent. The connection of the building sewer to the public sewer shall, in general, be above and near the spring line of the sewer, but never in the top of the public sewer. A 45° well may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by approved waterproof joint material before encasing in concrete. Concrete encasement shall not be considered waterproof. Special fittings may be used for the connection only when approved by the Superintendent. Any damage to the public sewer pipe during installation of the connection shall require replacement of the entire length of sewer pipe damaged, at the sewer contractor's expense.
(15) The person to whom a building sewer permit is issued shall be responsible for obtaining any required permits to open cut any street, road or alley from the appropriate political body, official or person having authority or jurisdiction over such work.
(16) The building sewer shall be backfilled to an elevation at least six inches over the top of the pipe by tamping in six layers. Soil containing stones larger than three inches, in the greatest dimension, shall not be used for backfill. The balance of the backfill may be deposited in any manner which will not damage the pipe or disturb the alignment or grade of the sewer; except that the balance of the backfilling shall be done in such a manner and with such material as may be required by the permit.
(17) For new connections into the sanitary sewers, the connection methods must be approved by the Authority prior to initiating construction of the building sewer.
(18) The permit holder will be required to repair or restore any drains or service lines damaged or disturbed by him during the construction of the building sewer.
(19) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, driveways, sewers, utilities, and other public or private property disturbed in the course of work shall be restored in a manner satisfactory to the Superintendent. No sewer contractor shall open any pavement on any public or private property without first receiving written permission from the Superintendent or proper authorities. At least 48 hours notice shall be given for this permission. Where the trench method is used through paved or unpaved streets, roads, driveways, alleys, etc., it will be necessary to use granular material, preferably sand or limestone screenings, for backfill. It shall be placed in layers of not more than six inches and tamped with a mechanical tamp or puddled in layers at the direction of the Superintendent. After the backfill is thoroughly compacted, it will be necessary to replace the pavement with the same type of materials as was removed, and in no case shall substitute paving materials be used without first securing the approval of the proper authority. All surplus excavation must be removed from the site to a location satisfactory to the Superintendent, leaving the berms and pavement in substantially the same condition as before construction started. All of the above mentioned work and material shall be performed in accordance with the standard specifications of the Ohio Department of Transportation. At all locations where the building sewer passes under another sewer, drainage pipe, water main or other utility, the line passed under must be properly supported and an extra precaution will be required in backfilling and tamping the trench in order to avoid any danger of a break, settlement, or crack in the line passed under.
(20) The Authority may install a “Y” branch if it deems it advisable and said branch can be used by adjacent property owners.
(21) A building sewer permit shall be required for all repair work performed by a sewer contractor, except cases where excavation is not necessary. In the case of stoppages, it shall be the responsibility of the sewer contractor to uncover the wye, tee, or riser, if the property is on the same side as the main sewer. When the property is on the opposite side, the end of the crossover shall be uncovered to determine where the trouble lies. If the stoppage is found to be either in the public sewer or in the public crossover, the sewer contractor shall notify the Superintendent immediately, whose responsibility it shall be to repair same. The cost of the building sewer permit will then be returned to the sewer contractor. If the stoppage is located anywhere else in the line, it shall be the responsibility of the owner to repair same at his own cost and expense.
(22) If any sewer contractor shall neglect or refuse to comply with the rules and regulations herein set forth, within 24 hours after receiving written notice from the Superintendent, the Authority will proceed with the work and the cost involved will be charged to the sewer contractor. In cases where it is necessary for the Authority to proceed with the work, no further building sewer permits will be granted to the sewer contractor until he has satisfactorily complied with the orders of the Superintendent or completely reimbursed the Authority for any cost involved. The sewer contractor shall be required, for a period of one year after the completion of the work, to make all necessary repairs.
(23) In any case where the nature of the business or industry may create an environmental problem, the Authority may require that the following data and items be filed at such time as the application for building sewer permit:
A. A written statement indicating the nature of the business, the source and amount of water to be used, the amount of water to be discharged, along with its present or expected bacterial, physical, chemical, radioactive, or other pertinent characteristics of quality.
B. A plan and/or map of the building, works or complex, with each natural outlet, sanitary sewer, storm sewer, watercourse or ground waters noted, and the waste stream identified.
C. An agreement to sample, test, and file reports with the Authority and appropriate regulatory agencies relative to characteristics of wastes on a schedule, at locations and according to methods approved by the Authority.
D. An agreement to place industrial waste treatment facilities, process facilities, pretreatment facilities, waste stream control and potential industrial waste problems under the specific supervision and control of a person or persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities, when required by said state agency.
E. An agreement to provide reports on raw materials entering the process or support systems, intermediate materials, final products and waste by-products, as those factors may affect waste control.
F. An agreement to maintain records and file reports on the final disposal of the specific liquids, solids, sludges, oils, radioactive materials, solvents or other wastes.
G. An agreement that, if any industrial process is to be altered so as to add or delete a process waste or potential waste, written notification shall be given to the Authority in advance and approval of the Authority and any necessary regulatory agency obtained.
H. An agreement that no Industrial User shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement.
(24) Following construction of a building sewer, the property owner shall own, maintain, repair or replace the building sewer from the building foundation to the publicly owned sewer.
(25) If the Authority receives a service call for a property to investigate a sewage backup and performs services to clean a building sewer for which the owner is responsible, the Authority may charge the owner for labor, material and equipment costs incurred. Such charges may be placed on the owner's sewer service bill.
(d) Discharges to the Public Sewers.
(1) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(2) Stormwater, surface drainage, subsurface drainage, groundwater, roof runoff, cooling water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the local authorities. Industrial cooling water or unpolluted processed waters may be discharged, on approval of the local authorities, to a storm sewer or natural outlet.
(3) Any existing clear water connections to sanitary sewers shall be connected into an available storm sewer or shall be disconnected above ground in the manner approved by the Superintendent. The owner of any building situated within the City shall be required, at his expense, to disconnect all existing roof drains from sanitary sewers in accordance with the provisions of this section within 90 days after the date of official notice to do so.
(4) No person shall discharge or cause to be discharged, directly or indirectly any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all Users of a POTW whether or not the User is subject to National Categorical Pretreatment Standards (40 CFR Part 403) or any other National, State, or Local Pretreatment Standards or Requirements.
(5) No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewers:
A. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW which exceeds 150 degrees F or causing the temperature at the treatment facility to exceed one hundred four degrees (104°) F.
B. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction, to cause fire or explosion or be injurious in any other way to the operation of the POTW.
C. Any water or wastes containing free oils, emulsified oils and grease exceeding an average of one hundred parts per million (833 pounds per million gallons) of other soluble matter.
D. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to 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 cyanides. Specific toxics that are prohibited under 307(a) of the Clean Water Act, as may be amended from time to time include:
Acenaphthene |
Chloroform |
Acrolein |
2-chlorophenol |
Acrylonitrile |
Chromium and compounds |
Aldrin/Dieldrin |
Copper and compounds |
Antimony and compounds |
Cyanides |
Arsenic and compounds |
DDT and metabolites |
Asbestos | Dichlorobenzenes (u,2-, 1,3-, and 1,4-dichlorobenzenes) |
Benzene | Haloethers (other than those listed includes chlorophenylphenyl ethers, bromophenylphenyl ether, bis (dischloroisopropyl) ether, bis-(chloroethoxy) methane and polychlorinated diphenyl ethers) |
Benzidine | |
Beryllium and compounds | |
Cadmium and compounds | |
Carbon tetrachloride | |
Chlordane (techial mixture and metabolites) | |
Chlorinated benzenes (other than dichlorobenzenes) | |
Chlorinated ethanes (including 1, 2-dichloroethane, 1,1,1-trichloroethane, and hexachloroethane) | Halomethanes (other than those listed elsewhere; includes methylene chlorid methylchloride, methylbromide, bromid, bromoform, dichlorobromomethane) trichlorofluoromethane, dichlorodifluoromethane) |
Chloroalkyl ethers (chloromethyl, chloroethyl, and mixed ethers) | |
Chlorinated naphthalene | |
Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols) |
Heptachlor and metabolites |
Hexachlorobutadiene | |
Hexachlorocyclohexane (all isomers) | |
Hexachlorocyclopentadiene |
Selenium and compounds |
Isophorone |
Silver and compounds |
Lead and compounds | 2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) |
Mercury and compounds | |
Naphthalene |
Tetrachloroethylene |
Nickel and compounds |
Thallium and compounds |
Nitrobenzene |
Toluene |
Nitrophenols (Including 2,4-dinitrophenol) |
Toxaphene |
(dinitrocresol) |
Tricholorethylene |
Nitrosamines |
Zinc and compounds |
Pentachlorophenol |
Dichlorobenzidine |
Phenol | Dichloroethylenes (1,1- and 1,2 dichloroethylene) 2,4-dichlorophenol |
Phthalate ethers | |
Polychlorinated biphenyls (PCSs) | 2,4 dimethylphenol |
Polynuclear aromatic hydrocarbons (including benzanthracenes, benzopyrenes, benzofluoranthene, chrysenes, dibenzanthracenes, and indenopyrenes) | Dichloropropane and dichloropropene Dinitrotoluene Diphenylhydrazine Endosulfan and metabolites Endrin and metabolites Ethylbenzene Fluoranthene |
E. Any garbage that has not been property shredded.
F. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, chemical residues, paint residues, cannery waste, bulk solids or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with proper operation of the sewage works.
G. Any waters or wastes containing Suspended Solids (SS) of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant, or any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
H. Any noxious or malodorous gas or substance capable of creating a public nuisance, or substances causing the release of noxious or poisonous gases after discharge into the public sewer system.
I. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits as may be established by the Authority from time to time for such materials, and which might cause the POTW to violate its NPDES and/or other Disposal System permits.
J. Any waters or wastes containing phenols or other taste or odor- producing substances, in such concentrations exceeding limits which may be established by the Authority as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters, and which might cause the POTW to violate its NPDES and/or other Disposal System permits.
K. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Authority in compliance with applicable State or Federal regulations.
L. Any waters or wastes having a pH of less than 5.5 or in excess of 9.0.
M. Materials which exert or cause:
1. Unusual concentrations of inert Suspended Solids (SS) such as, but not limited to, Fullers earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.
2. Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions.
3. Unusual biochemical oxygen demand, Suspended Solids (SS), or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
4. Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
N. 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 such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(6) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substance or possess the characteristics which, in the judgment of the Authority, 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 Authority may:
A. Reject the wastes;
B. Require pretreatment to an acceptable condition in accordance with guidelines adopted herein for discharge into the public sewers;
C. Require control over quantities and rates of discharge; and/or
D. Require payment to cover the added cost of handling and treatment of the wastes not covered by existing taxes or sewer charges.
(7) If the Authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Authority and subject to the requirements of all applicable codes, ordinances, and laws.
(e) Powers and Authority of Inspectors.
(1) The Authority bearing proper credentials and identification shall be permitted to enter all private properties through which the Authority holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(2) While performing the necessary work on private properties, the Authority shall observe all safety rules applicable to the premises established by the owner and the Authority.
(3) The Authority bearing proper credentials and identification shall present them to the owner, agent or present occupant of properties within the Authority before entering for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions contained herein. The Authority shall also obtain and present a proper search warrant if the owner, agent or present occupant requests one. A request by the owner, agent or present occupant that the Authority obtain a search warrant is an exercisable right of the requesting party and shall not constitute failure to cooperate nor shall it constitute a failure to comply with the provisions herein. The Authority shall have no right to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond the point of having a direct bearing on the kind and source of discharge into the sewers or water ways to facilities for waste treatment.
(f) Limiting Sewer Connections. The Authority shall limit connections into sewer lines if sufficient capacity to handle and treat additional wastewater is unavailable in the system.
(1) Any person applying for a permit to connect to a public sewer shall provide, with the application for said building sewer permit, sufficient data, as required by the Authority, regarding the location, type of wastewater and amount of flow to be conveyed to the public sewer.
(2) Any costs associated with Additional Charges herein shall be borne by the person applying for the building sewer permit.
(g) Injury and Damage of Sewage Works. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage disposal system. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct and shall be required to make restitution for said damages.
(Ord. 92-23. Passed 10-5-92.)
(h) Back-water Valves.
(1) Without special permission in writing from the City Engineer, no person shall be permitted to tap any sewer of the City or make any connection therewith, unless there shall be installed in such connection, or in the house sewer, what is commonly known as a back-water valve, in order to prevent the back-flow of water from such sewer.
(2) The Director of Public Service shall designate and approve the standard acceptable types of back-water valves that shall be used and promulgate rules covering the conditions where the back-water valves shall be used.
(3) The installation of back-water valves shall be subject to the approval of the Plumbing Inspector.
(4) Whenever the Director of Public Service shall determine it necessary, all owners of property, which is now connected with City sewers, shall install back-water valves in the sewer connections to their property, subject to approval of the Plumbing Inspector.
(5) No owner or occupant of property having a sewer connection without a back-water valve, who is ordered to install the back-water valve therein, shall fail to comply with such order.
(Ord. 05-6. Passed 4-4-05.)
(a) Deficit Prohibited. As part of the annual review provided herein, the Authority or other representative shall make an estimate of the revenues and expenses for the next year. After deducting:
(1) The estimated operation and maintenance costs,
(2) The estimated debt service costs, and
(3) The repair and replacement reserve payment from the total estimated revenues and net carryover from the previous year, the system shall maintain a positive working capital.
(b) Use of Revenue. The funds received from the collection of the rates and charges provided in this regulation shall be deposited as received by the Authority into a separate fund designated the “New Lexington Sewer Fund.” Disbursements from the fund may be made for operation and maintenance costs, debt service costs, and payments to the “Repair and Replacement Fund”, as well as payments to the Capital Improvements Fund used for enlargement of the collection, treatment and disposal capacity of the system. The City Treasurer of the Authority shall separately invest the funds of the system and pay an investment earnings to the “New Lexington Sewer Fund”, the “New Lexington Repair and Replacement Fund” or the “New Lexington Capital Improvements Fund.”
(c) Free Service Prohibited. Service will be provided to the users of the system in accordance with the terms of this regulation. No user shall be provided service without payment of sewer service charges in proportion to the service available to such user. No one, including the Authority, shall subsidize the cost of operating, maintaining or replacement of the sewage disposal system.
(d) Base User Charge. Charges for wastewater services shall be determined in accordance with the terms of this regulation and shall not be provided without charge to any users. User charges shall be determined on the basis of water use on a cost per 1,000 gallons used monthly (see Section 921.09
). User charge rates will be proportionate to the sewage disposal system operation, maintenance and replacement costs incurred plus a charge to recover the proportionate share of capital costs for sewage treatment plant improvements. The sewer service charge shall consist of the sum of the Operation, Maintenance and Replacement Rate, and the Debt Capital Improvements Rate calculated as follows:
(1) Operation, maintenance and replacement rate (OMR). A proportionate rate for the operation, maintenance and replacement of the sewage disposal system shall be charged to all users based upon the following formula:
OMR= A/V
Where A = Total annual operation, maintenance and replacement costs for the wastewater treatment plant and collection system.
V = Total metered volume of water used per year on the system for those customers on both the water and sewer system in 1,000 gallon increments.
(2) Debt/capital improvements charge (DCIC) . The proportionate rate for repayment of all local share capital costs associated with the construction of the sewage improvements shall be charged to all users based upon the following formula:
DCIC = B
V
Where B = Total amortized annual debt/capital improvements costs.
V = Total metered volume of water used per year on the system for those customers on both the water and sewer system in 1,000 gallon increments.
(e) Determination of Charges. The monthly sewer service charge for each user shall be calculated by multiplying the currently adopted User Charge and Debt/Capital Improvements Charge determined under subsection (d) by the actual water meter reading in 1,000 gallon increments.
(f) Annual Review of User Charges.
(1) The user charges shall be reviewed annually to accomplish the following purposes:
A. To maintain the proportionate distribution of operation and maintenance and replacement costs among users and user classes; and
B. To generate sufficient revenue to pay the total operation, maintenance, replacement, capital and working capital costs of the sewage disposal system.
(2) The annual review of the user charges shall be conducted by the Authority or by a consulting engineer. A written report shall be prepared and submitted to the New Lexington City Council on or before July 1st of each year. The report shall summarize actual operations for the year just ended and, based upon at least two years’ projections (the current year and the next year), shall recommend a rate increase or decrease effective January 1st of the next year. At the time recommended in the report, the City shall, by appropriate ordinance, set the schedule of rates and charges for the users of the system.
(3) In addition to the authority of the City Council to increase or decrease rates on January 1st of each year, the Council may, at any time, increase or decrease rates if the Council determines a modification of the rates is required in order to comply with this regulation, any revenue bond resolution, or to adjust rates to reflect updated costs.
(4) Following the annual review, the Authority shall promptly notify each user, in conjunction with a regular bill, of the rate adjustments, if any, and that portion of the sewer service charge which is attributable to operation, maintenance and replacement costs of the system.
(g) Billing Procedures.
(1) The sewer service charges established by this regulation shall be billed after the service is rendered. The Authority shall bill for sewer service by the first day of the month.
(2) Bills shall be mailed to the owner of the property at the mailing address of the property serviced unless the owner shall, in writing, request the bill be sent to a different mailing address of the owner. Except as provided below, bills shall not be sent to a lessee of the property. In the case where the land is separately owned from the building, the bill shall be sent to the mailing address of the owner of the building.
(3) After the effective date of this regulation, the bill may continue to be sent to the mailing address for a lessee until one of the following occurs:
A. The lessee moves out of the building; or
B. The lessee is delinquent twice within a calendar year.
Upon the occurrence of subsection (g)(3)A. or B. hereof, the bill shall be sent to the mailing address of the owner of the property without exception.
(h) Changes of Address or Ownership.
(1) Upon the change of his or her mailing address, an owner of a property served by the sewage disposal system shall inform the Authority, in writing, of the change. Failure to inform the Authority of a change of address shall not excuse an owner from any payment penalties incurred because of the failure to report an address change.
(2) Prior to the sale of a property, the present owner shall contact the Authority to arrange for pro-ration of the final bill. The final bill shall be sent to the mailing address specified by the present owner. Failure of a previous owner to comply with this part shall not excuse the new owner from responsibility for any and all delinquencies certified pursuant to the Ohio Revised Code, current charges or penalties remaining unpaid by the previous owner.
(3) Prior to the sale of a property, the purchaser shall contact the Authority to arrange for a pro-ration of the first bill and to inform the Authority of the mailing address of the new owner. Failure to comply with this part shall not excuse the new owner from responsibility for any and all delinquencies certified pursuant to the Ohio Revised Code, current charges or penalties remaining unpaid by the previous owner.
(i) Payments and Penalties.
(1) The sewer service charge bill shall be due by the 15th day of each month. If the 15th day of the month falls on a Sunday or holiday, the sewer service charge bill shall be due the following business day (including Saturday).
(2) Checks and money orders shall be payable to the City of New Lexington.
(3) Payments sent by mail and postmarked by the 16th day of the month will be accepted without the imposition of a payment penalty. If the 16th day of the month falls on a Sunday or holiday, the payment sent by mail must be postmarked no later than the following business day (including Saturday).
(4) Payments received or postmarked after the 16th day of the month or the first business day thereafter (including Saturday) shall be subject to a payment penalty of ten (10) percent of the original amount billed.
(5) A bill that remains unpaid for sixty (60) days after its due date will be subject to a second payment penalty of ten (10) percent of the original amount billed.
(6) If a bank should return a check for insufficient funds, an account will be subject to an insufficient funds charge of ten (10) dollars and require the overdue amount to be paid in cash.
(7) Upon the claim of a person that the return of a check for insufficient funds was a bank error, the Authority may waive an insufficient funds charge and/or accept payment by check if the bank supplies adequate documentation of its error.
(8) Generally, a person should contact the Authority if he or she fails to receive a bill by the 5th day of each month. Upon a claim of a person that a bill was not received:
A. If the records of the Authority show the bill was duly mailed to the last reported mailing address, the person shall be responsible for timely payment of the bill.
B. If the records of the Authority show the bill was not duly mailed to the last reported mailing address, the Authority may either:
1. Issue a bill due ten (10) days from the date of mailing; or
2. Add the unpaid charge to the following month's bill without a penalty.
(9) In utilizing the U.S. Postal Service for delivery of their payment of a sewer service charge, users assume responsibility for any failure of the U.S. Postal Service to deliver the payment to the Authority. Accordingly the Authority shall not waive payment penalties for any person claiming that the U.S. Postal Service failed to deliver a payment.
(j) Delinquencies. Any unpaid billings, together with accrued penalties, shall be annually certified to the County Auditor, pursuant to the Ohio Revised Code, who shall place such delinquencies upon the real property tax duplicate for the property receiving sewage service. Such delinquencies shall be a lien upon the property from the date the delinquency is placed upon the real property tax duplicate and shall be collected in the same manner as other real estate taxes. Failure to pay delinquencies certified may result in a foreclosure of the property by the County Prosecutor. This part shall be in addition to all other collection remedies provided by law including an action in Small Claims Court.
(k) Other Charges by Agreement. The Authority may, in special cases, establish additional charges for wastes of unusual strength or composition which are accepted for treatment.
(l) Disconnection or Reconnection.
(1) A user who certifies his or her building is not habitable may request the Authority to disconnect a building from the sewage disposal system. Upon such request, the Authority shall remove or close the water supply line.
(2) Thereafter, the owner of the premises shall not allow the building to be utilized for human occupancy as a residence or place of employment and the Authority shall not bill for sewer service.
(3) Violation of subsection (l)(2) hereof will subject the owner to the mandatory connection provisions of this regulation and Ohio law.
(4) A person or subsequent owner of a property disconnected who disconnects from the sewage disposal system may later request to be reconnected. Upon approval by the Authority, the Authority shall reopen the water line.
(5) The charge for disconnection or reconnection shall be $25.00 paid to the Authority before performance of the work.
(Ord. 92-23. Passed 10-5-92.)
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