§ 52.045 PROHIBITED DISCHARGE; REMOVAL.
   (A)   Prohibited discharge.
      (1)   General. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated commercial or industrial cooling water or unpolluted industrial process waters to any sanitary sewer.
      (2)   Sump pump inspection program. All improved properties that will have recorded at the County Recorder’s office a transfer of title or a change in the possessor of the property shall, within 90 days of the aforementioned, allow the city to conduct a sump pump inspection in accordance with the rules and regulations as established by the City Council by resolution. Enforcement of the sump pump inspection program shall be by municipal infraction.
   (B)   Removal.
      (1)   Purpose. The purpose is to eliminate prohibited discharge as defined in division (A) above from entering the sanitary sewer system by the establishment of a limited financial assistance payment to sanitary sewer system customers that make improvements that eliminate or decrease prohibited discharges to the sanitary sewer system.
      (2)   Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         QUALIFIED CONTRACTOR. A contractor that has a current state contractor license for the type of work the contractor is performing for the prohibited discharge removal program. The City Building Official shall have the final determination to whether the contractor has the proper license(s) to perform the work.
         SANITARY SEWER CUSTOMER. The owner of any building or structure, including all residential, commercial, industrial and government buildings or structures, with plumbing that is connected to the city’s sanitary sewer collection system.
      (3)   Financial assistance for removal.
         (a)   Any sanitary sewer system customer completing the removal of a prohibited discharge as defined in division (A) above which has been identified as such by an agent of the city prior to commencement of removal, shall under the provisions of this division (B) be entitled to a financial assistance payment from the city not to exceed $3,000 of actual costs incurred for said removal. The allowable financial assistance payment shall be 50% of the actual labor and material cost, not to exceed $1,000 for each of any of the following:
            1.   Installation of a sump pump including drain tile, discharge rigid piping and electrical outlet.
            2.   Removal of a prohibited discharge including rain gutter downspouts, exterior area drains, foundation drains and prohibited sump pump connections.
            3.   Removal and replacement of a faulty sewer service lateral.
         (b)   Financial assistance shall be subject to compliance with provisions of this chapter for an approved removal procedure. The sanitary sewer customer shall provide receipts and documentation for the reimbursement of labor and materials.
      (4)   Approved removal procedure. The approved removal procedure for a direct or indirect prohibited discharge to the sanitary sewer system for purposes of the financial assistance under this chapter must fully comply with the following:
         (a)   Prior inspection. Prior to any work on the prohibited discharge removal, the existing conditions must be inspected by the city. The sanitary sewer system customer shall be responsible to schedule the inspection.
         (b)   Approved system. An approved system for the prohibited discharge removal must be used. The approved system shall consist of improvements that will eliminate or decrease prohibited discharges to the sanitary sewer system. The sanitary sewer customer will submit an improvement plan to the city for approval.
         (c)   Application for permit. If any of the improvements that are part of the approved system require a permit, the sanitary sewer customer or sanitary sewer customer’s contractor shall apply for a permit and the city will waive the permit fee(s).
         (d)   Plugging of existing connection. Any direct or indirect connection between a foundation drain and the sanitary sewer system of the building shall be permanently plugged.
         (e)   Floor drain connection prohibited. The new system shall be installed in such a manner that direct flow from the prohibited discharge to a floor drain shall not be possible.
         (f)   Piping from sump pump to outside of the building. Piping from sump pump to outside of the building shall be rigid pipe to prevent easy disconnection and rerouting to the sanitary sewer or floor drain in the future
         (g)   Post-construction inspection. The installation of the new system and associated facilities work shall be inspected by the city. The sanitary sewer customer shall be responsible to schedule the post-construction inspection.
      (5)   Conditions of financial assistance payment. Any sanitary sewer customer requesting the financial assistance participation under this division (B) must be the owner of the property and, as a condition of the assistance, must agree in writing to the following.
         (a)   Maintenance and repair. The property owner shall maintain and timely complete any repairs or replacement of the approved system.
         (b)   Discharge modifications prohibited. The property owner shall agree not to modify an approved system in any manner that would directly or indirectly contribute to prohibited discharge flow to the sanitary sewer system.
         (c)   Inspection. If there is reason to believe that the approved system has been modified or has not been maintained, the city may, with reasonable notice, inspect the property including the basement.
      (6)   Non-compliance fee for prohibited discharge. Any sanitary sewer customer shall be subject to a monthly fee of $65 for the extraneous flow, or potential extraneous flow, contributed to the sanitary sewer system. The fee will be in addition to all other sanitary sewer user charges.
      (7)   Inspection and notice. If there is reason to believe that a prohibited discharge is occurring, the city may, with reasonable notice, conduct periodic inspection of properties to confirm there are no direct or indirect prohibited discharges to the sanitary sewer system. If the sanitary sewer customer fails to allow for an inspection within 30 days, the property shall be subject to the non-compliance fee provisions under this chapter. If during an inspection the city determines there is a direct or indirect prohibited discharge as a result of a modification of the system to allow for a direct or indirect prohibited discharge, failure to maintain or replace a failed sump pump that would allow an indirect or direct connection to the sanitary sewer system, or such other cause as may allow a direct or indirect connection, the city shall provide the sanitary sewer customer a written notice. The sanitary sewer customer shall be provided 30 days to cure the defect and to arrange for a re-inspection by the city. If, at the end of 30 days, the direct or indirect connection has not been inspected and determined to have been removed, the property shall be subject to the non-compliance fee provisions under this chapter. The non-compliance fee shall continue until such time as the city determines through inspection the direct or indirect prohibited discharge no longer exists.
(Ord. 2359, passed 4-2-2019; Ord. 2442, passed 2-19-2024)