a. Definitions. As used in this section, the following terms shall mean:
1. Commissioner. Commissioner of environmental protection.
2. Sewer system. The sewers, manholes, intercepting sewers, sewage pumping, treatment and disposal works, and any other plants, works or equipment and accessories within the city, which are used or useful in connection with the collection, treatment or disposal of sewage and waste, and which are owned, operated or maintained by the city as part of the public sewer system.
3. Sewage. The water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage as above defined by industrial waste or other wastes as hereafter defined, also shall be considered "sewage" within the meaning of this section.
4. Industrial waste. Any liquid, gaseous or solid substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.
5. Other wastes. Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, and all other discarded matter not sewage or industrial waste.
6. B.O.D. (Denoting biochemical oxygen demand). The laboratory determination of the quantity of oxygen utilized in the biochemical oxidation of organic matter in a given time and at a specified temperature. It is expressed in parts per million (p.p.m) or (mg/liter) of oxygen used in a period of five days at twenty degrees C.
7. S.S. (Denoting suspended solids). The laboratory determination of the dry weight expressed in parts per million (p.p.m) or (mg/liter) of solids that either float on the surface or are in suspension in sewage and can be removed from sewage by filtration.
8. pH. The logarithm of the reciprocal of the hydrogen ion concentration. It indicates the intensity scale of acidity and alkalinity expressed in terms of pH scale running from 0. to 14. A pH value of 7.0 the midpoint of the scale, represents exact neutrality. Values above 7.0 indicate alkalinity and those below 7.0 acidity.
9. Chlorine demand. The amount of chlorine expressed in milligrams per liter which will complete the normal reactions with all chemicals and materials in the waste leaving an excess of 0.1 milligrams per liter after thirty minutes contact time at room temperature.
10. Normal Sewage. Sewage, industrial waste or other wastes having all of the following characteristics:
B.O.D. | 1,667 lbs. per million gallons (200 parts per million) or less |
Chlorine Demand | 208 lbs. per million gallons (25 parts per million) or less |
S.S. | 1,667 lbs. per million gallons (200 parts per million) or less |
Ether soluble materials | 417 lbs. per million gallons (50 parts per million) or less |
pH | not less than 5.0 and not more than 9.5 |
11. Receivable Industrial Waste. Sewage, industrial waste or other wastes having all of the following characteristics:
B.O.D. | 2,500 lbs. per million gallons (300 parts per million) or less |
Chlorine Demand | 208 lbs. per million gallons (25 parts per million) or less |
S.S. | 2,916 lbs. per million gallons (350 parts per million) or less |
Ether soluble materials | 417 lbs. per million gallons (50 parts per million) or less |
pH | not less than 5.0 and not more than 9.5; |
and such other characteristics as may be specified by the commissioner by rules and regulations promulgated pursuant to the provisions of subdivision e of this section.
12. Pollutants. Substances which may be present in sewage, industrial waste or other waste, whether gaseous, liquid or solid, the amounts of which, for the purposes of this section, shall be determined by the sum of the B.O.D. and the S.S. present therein.
13. Toxic substances. Any substance on the list of toxic pollutants or combination of pollutants published by the administrator of the federal environmental protection agency pursuant to section 307(a)(1) of the federal water pollution control act, commonly referred to as the clean water act, as amended, or any substance whether gaseous, liquid or solid, which when discharged to the sewer system may tend to (i) interfere with or inhibit any sewage treatment plant process or disposal operations, or (ii) be detrimental to the health of human beings or animals or to aquatic life.
14. Cost per pound of removing pollutants from sewage discharged into the sewer system. An amount certified annually by the commissioner which shall be determined by dividing the total costs of removing pollutants from the sewage discharged into the sewer system during the calendar year immediately preceding the date of certification (including the interest and amortization paid in such year upon indebtedness for capital improvements in connection therewith other than original plant construction or expansion) as computed by the commissioner, by the total number of pounds of pollutants removed in such year as computed by the commissioner. The amount so certified shall be filed in the department of public works on July first of each year and shall be used in computing the surcharges hereunder for the use of the sewer system during the one year period commencing on such July first.
15. Laboratory determination. The measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurement test or analysis, of "Standard Methods for Examination of Water and Sewage" a joint publication of the American public health association, the American waterworks association and the water pollution control federation or in accordance with any other method prescribed by the commissioner by rules and regulations promulgated pursuant to this section.
b. Imposition and computation of sewer surcharge.
1. In addition to any other fees, charges or sewer rents provided by section 24-514 of the code or any other law, the owner of any parcel of real property connected with the sewer system, including but not limited to real property connected with the sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a surcharge for the use of the sewer system for discharging any sewage, industrial waste or other waste, accepted for admission thereto in which the characteristics resulting from pollutants contained therein exceed the maximum values of such characteristics in receivable industrial waste as defined in subdivision a of this section and the rules and regulations of the commissioner adopted pursuant to this section.
2. i. Such charge shall be computed by the commissioner in accordance with the following formula: The amount of the surcharge shall equal the product of: (A) the cost per pound of removing pollutants from the sewage in the sewer system, (B) a conversion factor and (C) the volume of sewage, industrial waste or other wastes discharged into the sewer system, multiplied by the sum of (A) the average concentration in parts per million by weight of suspended solids for sewage, industrial waste or other wastes discharged into the sewer system, in excess of three hundred fifty parts per million, and (B) the average concentration in parts per million by weight of the biochemical oxygen demand for sewage, industrial waste, or other wastes discharged into the sewer system in excess of three hundred parts per million. Such formula expressed in symbols shall be as follows:
Ds = C × F × V × [(S.S. - 350) + (B.O.D. - 300)]
where | ||
Ds = | amount of surcharge, in dollars; | |
C = | cost per pound (in dollars) of removing pollutants from the sewage discharged into the sewer system expressed to the nearest tenth of a cent; | |
F = | 62.41,000,000, i.e., the factor for converting parts per million by weight to pounds per million cubic feet; | |
V = | volume, in cubic feet of sewage, industrial waste or other wastes discharged from such premises into the sewer system; | |
S.S. = | parts per million by weight of suspended solids in sewage, industrial waste or other wastes discharged from such premises into the sewer system; | |
350 = | maximum parts per million by weight of S.S. allowable in receivable industrial waste; | |
B.O.D. = | parts per million by weight of B.O.D. in the sewage, industrial waste or other wastes discharged from such premises into the sewer system; | |
300 = | maximum parts per million by weight of B.O.D. allowable in receivable industrial waste. | |
ii. In applying such formula the commissioner may use, as the figure representing the number of cubic feet of sewage discharged into the sewer system, (A) the amount of water supplied to the premises by the city or a private water company as shown upon the water meter if the premises are metered, or (B) if the premises are supplied with river water or water from private wells, the amount of water supplied from such sources as estimated by the commissioner, pursuant to paragraph four of subdivision b of section 24-514 of this chapter, or (C) if such premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the commissioner, pursuant to the provisions of paragraph five of subdivision b of section 24-514 of the code, or (D) the number of cubic feet of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the sewer system at his or her own expense in accordance with the terms and conditions of the permit issued by the commissioner pursuant to this method, or (E) a figure determined by the commissioner by any combination of the foregoing or by any other equitable method.
c. 1. The commissioner may require that a permit be obtained for the discharge whether direct or indirect into the sewer system or into any private sewer or drain emptying into the sewer system, of sewage, industrial wastes or other wastes, the characteristics of which do not conform to the characteristics prescribed for normal sewage in accordance with the provisions of paragraph ten of subdivision a of this section or for the discharge of any toxic substance or any other objectionable material or substance specified by the rules and regulations promulgated pursuant to subdivision e of this section. The commissioner, in his or her discretion, may require a permit for all such discharges or for any class or category of such discharges. Any discharge pursuant to such permit shall be upon such terms and conditions as may be established by the commissioner in the issuance of such permit. Such terms and conditions may include requirements of a limitation upon the volume of sewage and the rate of flow permitted from the premises which are the subject of the permit, the installation and maintenance by the permittee at his or her own expense of facilities or equipment for intermittent or continuous measurement of sewage, industrial waste or other wastes discharged into the sewer system from such premises, the installation and maintenance by the permittee, at his or her own expense, of detention tanks or other facilities or equipment for reducing the maximum rates of discharge of sewage to such percentage of the twenty-four hour rate as may be required by the commissioner, the installation and maintenance by the permittee, at his or her own expense of such preliminary treatment facilities as may be required by the commissioner, the installation and maintenance by the permittee, at his or her own expense, of a suitable control manhole in the house sewer, if any, carrying such sewage; the submission to and approval by the commissioner of the plans for any of the facilities or equipment required to be installed and maintained by the permittee pursuant to such terms and conditions; and such other terms and conditions as may be necessary to protect the sewer system and carry out the provisions of this section. Such terms and conditions may also provide that subsequent to the commencement of operation of any preliminary treatment facilities required by the commissioner, periodic reports shall be made by the permittee to the commissioner, setting forth adequate data upon which the acceptability of the sewage, industrial waste or other wastes, after treatment, may be determined. A violation by the permittee of any term or condition of the permit shall constitute cause for revocation or suspension of the permit.
2. Whenever required to carry out the provisions of this section and the regulations promulgated pursuant to this section, the commissioner may require any person discharging directly or indirectly into the sewer system or into any private sewer or drain emptying into the sewer system to (i) establish and maintain such records, (ii) make such reports, (iii) install, use and maintain such monitoring equipment or methods (including where appropriate biological monitoring methods) (iv) sample such effluents (in accordance with such methods, at such locations, at such intervals and in such manner as the commissioner shall prescribe) and (v) provide such other information as he or she may reasonably require.
3. Any person discharging directly or indirectly into the sewer system or into any private sewer or drain emptying into the sewer system, shall be deemed to have consented and agreed that the commissioner or his or her deputies or such other officers or employees as are authorized by the commissioner may enter on the premises from which such discharge is emitted or in which any records required to be maintained under paragraph two are located and may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under paragraph two and sample any effluents discharged from the premises to the sewer system.
4. It shall be unlawful to make any false statement, representation or certification in any application, record, report, plan, or other document filed with or required to be maintained by the commissioner or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required to be maintained by the commissioner.
d. Sampling of industrial wastes. Whenever sewage, industrial waste or other waste which has characteristics which do not conform to the characteristics prescribed for normal sewage or receivable industrial waste pursuant to paragraphs ten and eleven of subdivision a of this section, or which contains toxic substances or other material or substance excluded from the sewer system by the commissioner pursuant to this section is discharged into the sewer system from any premises, the commissioner shall have the power to take such samples and tests as may be necessary to determine the nature and concentration of such wastes, and shall have the power to reassess his or her findings by taking such additional samples or tests at any time or by periodic rechecks without notice to the owner or person discharging such wastes. Samples shall be taken and flow measurements made, whenever possible, at a common manhole into which all flows of sewage, industrial waste or other waste from such premises are combined. Such manhole shall be constructed by the owner of such premises, at his or her own expense, when directed by order of the commissioner. Whenever the installation of such a manhole is impossible or impracticable, the owner of such premises shall construct and maintain at his or her own expense, any additional manholes required by order of the commissioner, for accurate measurement of all flow of sewage, industrial waste or other wastes discharged from such premises into the sewer system. Failure to comply with an order of the commissioner issued pursuant to this subdivision may subject the premises to temporary termination of water supply in accordance with the provisions of section 11-314 of the code.
e. Rules and regulations.
1. The commissioner shall have the power to promulgate rules and regulations:
(a) identifying toxic substances and regulating, restricting or prohibiting the discharge of such substances into the sewer system in amounts or concentrations which may cause any of the adverse effects described in paragraph thirteen of subdivision a of this section;
(b) regulating, restricting or prohibiting the discharge into the sewer system of any material or substance which is or may be detrimental or destructive to the sewer system or the treatment processes thereof or to the public health or welfare;
(c) specifying the characteristics and the minimum and maximum amounts thereof, in addition to those specified in paragraph eleven of subdivision a hereof, for receivable industrial waste;
(d) such additional rules and regulations as may be necessary to protect personnel, the sewer system and the treatment process thereof and the receiving waters; and
(e) regulating the amount and concentration of substances contained in industrial waste discharged directly or indirectly into the sewer system to achieve compliance with effluent limitations imposed upon city discharges to receiving waters by federal or state law or regulation or a discharge permit issued pursuant thereto.
2. The commissioner shall by rule or regulation adopt the standards, prohibitions and requirements promulgated under the federal water pollution control act, commonly referred to as the clean water act, as amended, except where such standards, prohibitions and requirements are less stringent than those which are established by the commissioner pursuant to paragraph one or three of this subdivision.
3. Notwithstanding any inconsistent provision of paragraphs one and two of this subdivision, the commissioner may order any person discharging a toxic substance directly or indirectly into the sewer system or into any private sewer or drain emptying into the sewer system to reduce the amount or concentration of such toxic substance to a level which the commissioner determines to be economically achievable by the discharger notwithstanding that such level is lower than that which is prescribed in the regulations adopted pursuant to paragraph one or two or that the discharge is not regulated under such provision. Within twenty days after the issuance of an order by the commissioner, any person affected by such order may request a hearing before the commissioner. The commissioner may suspend, revoke or modify the order.
f. Cooperation by private persons, water companies and public agencies. The commissioner may require every person who owns or occupies real property within the city and every private water company supplying water to property within the city, to furnish him or her with such information as may be necessary to carry out the provisions of this section. The commissioner shall have the power to hold hearings and to subpoena any such persons or company, or any officer, employee or agent of any such company, and direct the production of books and papers in order to carry out the provisions of this section. Every such person, water company or public official or municipal agency, officer or employee shall cooperate with the commissioner in carrying out the provisions of this section and shall comply with all rules and regulations promulgated pursuant to this section.
g. Payment and enforcement of sewer surcharges. All surcharges imposed hereunder shall be due and payable at the times and in the manner provided in chapters three and four of title eleven of the code with respect to the payment of sewer rents based upon the metered supply of water. Such sewer surcharges shall constitute a lien upon the real property served by the sewage system and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent or local assessment. Such sewer surcharges shall be collected and the liens thereof may be foreclosed in the manner provided in chapters three and four of title eleven of the code. The revenues derived from the sewer surcharges imposed hereunder, including penalties and interest thereon shall be paid into the sewer fund established pursuant to section 24-514 of the code and shall be used in the manner and for the purposes provided therein.