(a) Definitions. As used in this section:
(1) “Director” means the City’s Director of Public Utilities.
(2) “Division” means the City’s Division of Public Utilities Operations.
(3) “Employees” means all necessary persons appointed by the Mayor upon recommendation of the Director and with the concurrence of Council, or otherwise employed by the City, to perform duties, serve the term of employment, and receive compensation for positions created by law, subject to removal for violation of any of the rules and regulations of the City or for any other just cause in accordance with the applicable civil service regulations.
(b) Office Hours. Office hours of the Division shall be from 7:00 a.m. to 3:30 p.m. daily except Saturday and Sunday.
(c) Rules.
Rule 1. These Rules shall be considered a part of the contract with every person that is provided sanitary sewer service with the City, and every person provided such service shall be considered to have expressed his or her consent to be governed thereby.
No house sewer shall be constructed to connect with a public sewer, nor shall any connection be made to a public sewer, in the City until a sanitary sewer permit has been obtained by the person employed to perform the work.
Such permit must be obtained at the office of the Division before a tap can be made into a sanitary sewer. An application for such permit shall be signed by the owner of the property for which the connection is to be made, or by the owner’s agent, and by the person employed to perform the work; shall described the property to be connected; and shall be accompanied by a fee of fifty dollars ($50.00). A tap can be made only by a licensed sewer tapper.
Rule 2. All sewers or sewer improvements that have been constructed or sewers or sewer improvements constructed by the City after the effective date of this subsection shall be for sanitary sewerage only and shall include all sewers or sewer improvements for main sanitary drainage or local sanitary drainage in the City sewer districts now established and approved by the Ohio Environmental Protection Agency. All sanitary sewage shall be discharged into the sanitary sewer without passing through a private sewage treatment device. Whenever a sanitary sewer is made available within 200 feet of an existing building, any sewage treatment device or equipment on adjacent property shall be abandoned in accordance with the current County Health Department regulations, and the sanitary sewage shall be discharged directly from the building to the sanitary sewer through a properly constructed house service sewer per the current standard construction specifications of the Director, to a point three feet from the outside wall of the building foundation. In no case shall sanitary sewage be discharged into a storm sewer. Any other public or private utility service structure or line shall be maintained at a minimum of five feet horizontal clearance between such sanitary sewer and such utility except for water line installations. Water lines shall be maintained at a ten foot minimum horizontal clearance unless written approval is secured by the contractor from the Director. No other utilities shall be permitted in the same trench as the sanitary sewer.
Rule 3. No person shall construct or cause to be constructed a storm water connection in a drain or pipe line connected with or intended to be connected with a sewer or sewer improvement set forth in Rule 2 hereof.
Rule 4. Only a person of proven ability and approved by the City and the Director shall be permitted to construct building sewer lines and sewer connections as outlined in Rule 2 hereof. Such person shall obtain a yearly license therefore and shall further obtain a permit for the construction of any building sewer line or sewer connection as outlined in Rule 2 hereof, from the office of the Director. All procedures shall be in accordance with Chapter 1020.
Rule 5. The license required in Rule 4 hereof shall be approved and signed by the Director or his or her agent and shall expire on December 31 of the year in which it was issued. The license may be revoked at any time by the Director for a violation of the regulations governing sewer contractors. The fee for such license is twenty-five dollars ($25.00).
Rule 6. An application for a sewer connection shall be signed by the certified owner or agent. When property is owned by a company or corporation, the application shall be signed by an officer of the company or corporation. When the property is a joint ownership, both parties shall sign the application.
Rule 7. The City cannot guarantee the exact location of any wye, riser or crossover, as all measurements are approximate. If a connection is not located in the line to be connected to, the sewer contractor shall make the necessary tap as directed by the Division in accordance with applicable standards.
Rule 8.
A charge of fifty dollars ($50.00) shall be paid at the time of the issuance of the sewer permit to cover the cost of inspection. This amount shall be paid to the office of the Division and credited to the Sewer Revenue Fund. Excessive construction time or contractor caused delays may result in additional charges. The contractor shall be informed at the time of such additional charges.
Rule 9. No sewer contractor shall open a street or highway on any public or private property without first receiving written permission from both the Director of Public Utilities and the Director of Public Service, as well as all other property authorities.
Rule 10. The entire length of service lines from a structure to the City main sewer line shall be the obligation of the owner to maintain or repair at his or her own expense. Provided, however, the City shall be responsible for repairs to such part of those service lines requiring repair that lie within the City right of way. If necessary repairs involve paved streets, alleys or sidewalks, proper permits must be obtained from the Director before any excavation is started. For purposes of this Rule "maintain" means to clean and keep the sewer service line free from obstructions of whatever nature. To "repair" means to restore a sewer service line from breakage which is no fault of the property owner. A "service line" is defined as a sewer which extends from a City main sewer line adjacent to the property served on a direct route to not more than two structures. Sewers not meeting this definition shall be considered private sewers in accordance with Section 1048.04.
Rule 11. No permit shall be deemed to authorize anything not stated on its face, and any misrepresentation by the sewer contractor, if the same appears to be willful, may subject the offender to a revocation of his or her license and all applicable civil and criminal penalties. On appeal from such revocation, a hearing shall be had before Council.
Rules 12. Before making connection to any wye, tee or vee, a sewer contractor shall uncover both appurtenances to the same to ascertain the condition. No header shall be removed nor any pipe laid before the Director or his or her designee views the job. A sewer contractor shall always lay the pipe starting at the connection to the main sewer. Permits shall be posted on the job.
Rule 13. The Division must be notified forty-eight hours before the tap and inspection are to be made. All notifications shall include the permit number and location. Cancellation or postponement made within one hour of the schedule time will result in the forfeiture of the charge stated in Rule 8. The office must then be notified forty-eight hours before the rescheduled time of the tap and inspection. The inspection shall then be made on an hourly rate basis consisting of the inspector's hourly wage plus benefits.
Rule 14. The sewer connecting the house or building to the City sewer or any other sewer main shall be constructed in accordance with Section 1040.04.
Rule 15. All material used shall be new and of first quality acceptable to the Director, in accordance with the current standard construction specifications of the City.
Rule 16. (EDITOR'S NOTE: Former Rule 16 was repealed by Ordinance 7-89, passed January 17, 1989.)
Rule 17. The sewer contractor must fill and ram the trench in six-inch layers to a level with the former grade in streets and alleys in cases where they are not improved. Where streets and alleys are paved and within five feet of all paved areas, it is necessary to make fill with a granular material, preferably No. 67 stone or approved berm stone. Such No. 67 stone or approved berm stone must be placed in six-inch layers and mechanically tamped or flooded. Street cut permits must be obtained from the Director. All trench areas shall be graded and seeded upon completion of work.
Rule 18. Sewer contractors must use care not to break any tile pipe subdrainage in street foundations, and they shall restore the subdrainage in as good condition as found.
Rule 19. At all joints where house connections pass under another sewer or drainage pipe, the sewer passed under must be supported by substantial brick or concrete masonry, and extra precaution is required in filling and tamping the trench in order to avoid any danger of a break, settlement or crack in the sewer passed under.
Rule 20. Pipe must be laid in a trench carefully made, with the bottom trimmed to a perfect grade, and having depressions for pipe joints, so that each length of pipe shall be evenly supported throughout the entire drain. Pipe embedment shall be required for all sewers including service connections and shall consist of No. 67 stone or approved berm stone placed six inches beneath, around and over the pipe. Pipe embedment shall extend to a point three feet outside the building wall. The interior of each length is to be made perfectly clean and free of foreign material before the next length is laid down.
Rule 21. A sewer contractor must enclose openings which he or she may make in a public street or alley with sufficient barriers; must maintain electric flasher lights at night and take all other necessary precautions to guard the public effectively against all accidents from the beginning to the end of the work; and can secure a permit only on the condition that he or she is to be held responsible for all damages that may result from his or her neglect of any or all reasonable precautions against injury or damage to persons, vehicles or property of any kind. Braces must be used in trenches to prevent caving. If lights or barricades must be provided by the City due to the contractor's oversight, the contractor shall be billed appropriately.
Rule 22. Trenching through paved roads, streets and alleys is only permitted in cases where it is not feasible to make crossings by boring or tunneling. Where the trench method is used, the fill must be made with a granular material, preferably No. 67 stone or approved berm stone. The fill must be well tamped and rammed to a compaction which meets with the approval of the Director or his or her agent. Where open cuts are permitted, it shall be necessary to make fill with the materials mentioned in this Rule, placed in layers of not more than six inches and tamped with a mechanical tamp or flooded to complete inundation. Pavement replacement shall be as follows:
A. The pavement shall be cut back nine inches from undisturbed edges of the opening, using a saw to ensure square and vertical edges.
B. An eight-inch thick spanning slab of 3,000 psi high early strength concrete shall be poured, reaching from nine inches beyond the undisturbed subgrade on one side to nine inches beyond the undisturbed subgrade on the other side.
C. Concrete shall be level with the surface of concrete pavement to within two inches of the surface of the asphalt.
D. Patching of asphalt pavement shall be hot mix for all permanent patches, it being required that the entire opening be coated with liquid asphalt. Hot mix shall be put in place and rolled, and the joints between the patched area and the street surface shall be sealed with liquid asphalt.
E. If the restoration of an opening, whether in a pavement or in a treelawn, is performed by the City, the cost of all labor and materials shall be charged against and deducted from a deposit made by the company or other person, as required by the Director prior to commencing the work.
F. All surplus excavation must be removed from the site, leaving the berms and pavement in substantially the same condition as they were before construction was started. The time limit allowed for the completion of the work shall be specified when the permit is granted. All of the work and material referred to in this Rule shall be in accordance with the standard specifications of the Ohio Department of Transportation and the City or other proper authorities.
Rule 23. If a sewer contractor neglects or refuses to comply with the rules and regulations set forth in this subsection within twenty-four hours after receiving written notice thereof from the Director, the City shall proceed with the work, and the cost involved will be charged to the sewer contractor or his or her surety. In cases where it is necessary for the City to proceed with the work, no further permits shall be granted to the sewer contractor until he or she has satisfactorily complied with the orders of the Director or completely reimbursed the City for any cost involved.
Rule 24. The sewer contractor shall be required, for two years after the completion of the work, to make all necessary repairs, including filling and seeding if settlement occurs.
Rule 25. The Director or another person authorized by him or her must be permitted at all times to inspect all work, material and fixtures.
Rule 26. Before a sewer permit is issued, the applicant shall be required to pay the inspection fee as provided by Council or in the current rules and regulations.
Rule 27. A sewer contractor shall maintain in force Worker's Compensation Insurance coverage during the life of his or her obligation to the City. The contractor shall provide proof of compliance with the Worker's Compensation laws and Social Security laws to the City.
Rule 28. Whenever a person, either for himself or herself, or as the contractor, architect, engineer, trustee, director, officer, agent or employee of a person, violates any of the rules and regulations provided in this subsection, or obstructs or interferes with the execution of any such order, or willfully or illegally omits to obey any such order, such person shall be liable for prosecution for a violation of Ohio R.C. 6117.45.
Rule 29. All sewer construction pertaining to County sewer lines connected to the City water pollution control system are subject to County requirements in matters not spelled out in this subsection, and may be subject to other local or state requirements as applicable.
Rule 30. A sewer contractor applying for a sewer permit, as required under this subsection, shall deliver to the Director with his or her application a bond a form acceptable to the Director and with sufficient sureties thereon and ain an amount to be established by the Director to ensure the completion of the work in accordance with this subsection.
Rule 31. Delinquent charges for water pollution control shall be assessed against the property to which the service is rendered, and shall be a lien against such property, collectible in the same manner as other taxes and assessments. A person purchasing such property shall ascertain if there is any unpaid water pollution control bill standing against the property.
Rule 32. If the owner of any premises elects to have his or her tenant or lessee pay the water pollution control charges as they accrue, such tenant or lessee does so as the agent of the owner and such owner shall not thereby be relieved from the payment of any delinquency that might occur.
Rule 33. No sanitary sewer service shall be extended to any sanitary sewer users outside the corporate limits of the City except under the conditions set forth in Rules 34, 35 and 36. Provided, further, that any person presently receiving sanitary sewer service from the City shall, upon notice from the City, immediately comply with the provisions of Rules 34(c), (d), and (e). Failure to comply with such policy shall result in the sanitary sewer service being terminated 60 days from the date of notice.
Rule 34. The City may extend sanitary sewer service to land which is outside of the corporate limits of the City but within the City's sanitary sewer service area provided that before such sanitary sewer service is extended, the owner of such land will comply with the following:
A. Compliance with the comprehensive plan as adopted by the City of Perrysburg pursuant to Resolution No. 24-87, and as hereafter amended or revised.
B. If applicable, compliance with the SSOE plan adopted by the Perrysburg Township trustees in 1986.
C. Compliance with the zoning regulation of the governmental entity in which the property is located.
E. Execute an agreement to annex the property to the City or a petition for annexation to the City, as determined by the City. Such owner shall exert all efforts to obtain annexation of his or her property, including, if requested by the City, signing an annexation petition. In the case of an agreement to annex to the City, the owner of such land must also agree to require a similar agreement from anyone to whom he or she sells all or any part of his or her land.
F. The sanitary sewer service area is described as follows:
Beginning at the intersection of the southeasterly shoreline of the Maumee River and the northerly line of a 5.12 acre parcel of land specifically described in a deed recorded in Volume 436, page 477, Wood County, Ohio Deed Records; thence easterly along such northerly line to the intersection of a line parallel to and 320 feet northwesterly of the centerline of right-of-way of State Route 65; thence southwesterly along such line to the intersection of the northerly line of a parcel of land owned by the Order of Franciscan Fathers, Inc., and specifically described in a deed recorded in Volume 441, page 733, Wood County, Ohio Deed Records; thence easterly along such northerly line to the intersection of the northwesterly right-of-way line of State Route 65; thence southwesterly along such right-of-way line to a point in River Tract 76, such point being on the southwesterly boundary of Ranch Gardens prolongated; thence easterly along the southerly lines of Lots Number 31, 32, 10, 11 and 12 of such Ranch Gardens to the intersection of the northwesterly right-of-way line of the Toledo Terminal Railroad; thence southwesterly along such northwesterly right-of-way line to the intersection of the southerly boundary of River Tract 76, also being the northerly boundary of Fractional Section 27 Perrysburg Township; thence easterly along such southerly boundary of River Tract 76 to the intersection of a line 300 feet west of and parallel to the easterly line of Fractional Section 27; thence southerly along such easterly line to the intersection of the southerly right-of-way line of Buck Road; thence easterly along such southerly right-of-way line to the intersection of the easterly right-of-way line of Glenwood Road; thence southerly along such easterly right-of- way line to the intersection of the northerly right-of-way line of vacated Buck Road as such Buck Road proceeds easterly; thence easterly along such northerly right-of- way line vacated to the intersection of the westerly line of a parcel of land owned by the Willis Day Warehousing Co. Inc. and specifically described in a deed recorded in Volume 431, page 1, Wood County, Ohio Deed Records; thence southerly along the westerly line of such parcel and the extension of such westerly line to the intersection of a parcel of land owned by the United States Government and specifically described in a deed recorded in Volume 261, page 591, Wood County, Ohio Deed Records; thence
southeasterly along the northeasterly property line of such parcel to the easterly property line; thence southerly along the easterly property line of such parcel and the extension of such easterly line to the intersection of a parcel of land owned by Lottie S. Creps and specifically described in deed recorded in Volume 368, page 210, Wood County, Ohio, deed records; thence easterly along the northerly property line of such parcel to the intersection of the northwesterly right-of-way line of Penn Central Railroad; thence southwesterly along such northwesterly right-of-way line to the intersection of the centerline of right-of-way of the Ohio Turnpike; thence northwesterly along such centerline to the intersection of the east-west quarter section line of Section 2, Perrysburg Township; thence westerly along the quarter section lines of Section 2 and 3, Perrysburg Township to the intersection of a line 1,314.16 feet, more or less, east of and parallel to the westerly line of Section 3, Perrysburg Township; thence southerly along such line and its extension between Road Tracts 5 and 8 and Road Tracts 6 and 7 to the intersection of a line 300.00 feet, more or less, south of and parallel to the centerline of right-of-way of Roachton Road, which centerline is also the northerly lines of Sections 22, 21 and 20, Perrysburg Township; thence westerly along such line and its extension to the westerly line of Section 24, Middleton Township; thence northerly along the westerly lines of Section 24, Middleton Township and Section 13, Perrysburg Township to the intersection of the centerline of the right-of-way of 1-475; thence northwesterly along such centerline to the southeasterly bank of the Maumee River; thence northeasterly along such southeasterly bank to the place of beginning and excluding all areas within the corporate limits of the City which are outside the County S.S. No. 302 and No. 400 Area.
G. Provided, however, should the property be located within the area described hereafter said property owner will not be required to comply with subsections (a), (b), (c) and (d) hereof, if the City of Rossford has not, within thirty (30) days of application for such service, determined and notified the City of Perrysburg that the proposed development does not meet the development parameters of the City of Rossford. In the event the City of Rossford notifies the City of Perrysburg that such proposed development does not meet the parameters of such City, the service shall not be extended. The area to which this exception applies is described as follows:
Beginning at the intersection of the southeasterly shoreline of the Maumee River and the northerly line of a 5.12 acre parcel of land specifically described in a deed recorded in volume 436, page 477, Wood County, Ohio Deed Records; thence easterly along said northerly line to the intersection of a line parallel to and 320 feet northwesterly of the centerline of right-of-way of State Route 65; thence southwesterly along said line to the intersection of the northerly line of a parcel of land owned by the Order of Franciscan Fathers, Inc., and specifically described in a deed recorded in volume 441, page 733, Wood County, Ohio Deed Records; thence easterly along said northerly line to the intersection of the northwesterly right-of-way line of State Route 65; thence southwesterly along said right-of-way line to a point in River Tract 76, said point being on the southwesterly boundary of Ranch Gardens prolongated; thence easterly along the southerly lines of Lots Number 31, 32, 10, 11 and 12 of said Ranch Gardens to the intersection of the northwesterly right-of-way line of the Toledo Terminal Railroad; thence southwesterly along said northwesterly right-of-way line to the intersection of the southerly boundary of River Tract 76, also being the northerly boundary of Fractional Section 27 Perrysburg Township; thence easterly along said southerly boundary of River Tract 76 to the intersection of a line 300 feet west of and parallel to the easterly line of Fractional Section 27; thence southerly along said easterly line to the intersection of the southerly right-of-way line of Buck Road; thence easterly along said southerly right-of-way line to the intersection of the easterly right-of-way line of Glenwood Road; thence southerly along said easterly right-of- way line to the intersection of the northerly right-of-way line of vacated Buck Road as said Buck Road proceeds easterly; thence easterly along said northerly right-of- way line vacated to the intersection of the westerly line of a parcel of land owned by the Willis Day Warehousing Co., Inc. and specifically described in a deed recorded in volume 431, page 1, Wood County, Ohio Deed Records; thence southerly along the westerly line of said parcel and the extension of said westerly line to the easterly extension of the centerline of the right of way of Mandell Road, said extension also being the North line of the South half of U.S.R. 3 Section 35 Perrysburg Township; thence westerly along said easterly extension of the centerline of Mandell Road and continuing westerly along the centerline of the right of way of Mandell Road to the centerline of right of way of Bates Road, said centerline also being the east line of the West half of U.S.R. 3 section 34 Perrysburg Township; thence northerly along said centerline of right of way of Bates Road to the intersection of the centerline of the right of way of Ford Road; thence westerly along said centerline of right of way of Ford Road to the intersection of the centerline of right of way of White Road, said centerline also being the westerly line of U.S.R. 3 River Tract 72 Perrysburg Township; thence northerly along said centerline of right of way of White Road to the intersection of the centerline of right of way of East River Road (S.R. 65); thence northeasterly along said centerline of right of way of East River Road to the intersection of the southerly extension of the easterly line of the Hamlet Plat II; thence northerly along said southerly extension and continuing along the easterly line of the Hamlet Plat II to the southeasterly shoreline of the Maumee River; thence northeasterly along said southeasterly shoreline to the place of beginning.
H. All sanitary sewer main extensions that have been extended pursuant to and subject to this Rule shall be dedicated to the City of Perrysburg.
Rule 35. Consistent with otherwise applicable legal requirements, the Planning and Zoning Administrator or in his absence the Director of Public Utilities shall review and make a recommendation to the Mayor or his designee regarding proposed extension of sanitary sewer service, who shall approve or disapprove the request for service. The request for extension of sanitary sewer service shall be disapproved if the criteria set forth in Rule 34 are not met in full.
The City shall consult with the Township Zoning Inspector and the joint City/Township Planning body on requests for the extension of service outside the City. In addition, the City may consult and seek the advice of the City Planning Commission when he deems it appropriate.
In the event a request for extension of such service is disapproved, the applicant may request that Council review the Mayor’s disapproval. Council may affirm, modify or reverse the Mayor’s decision.
Rule 36. Prior to the application for a service connection permit, the owner of the property shall first apply for a permit from the City. Such permit shall only be issued upon the owner's compliance with Rules 33, 34 and 35. Such permit shall be presented to the Northwestern Sewer and Water District (NSWD) prior to it issuing a building service connection permit, if such a NSWD connection permit is required.
Rule 37. When an existing sanitary sewer service connection line is abandoned by the property owner or when the structure served by the connection is demolished, the property owner shall cut off and plug the abandoned service connection line at the sewer. All costs associated with such work shall be at the expense of the property owner.
Rule 38. Where a connection to a combined sewer system is proposed, the property owner shall install separate sanitary and storm service lines from the building to a point at least three feet into the public right of way. At that point, the service lines may be joined with approved wye fitting. A two inch by two inch wood stake extending within eighteen inches of the finished grade shall be placed above the wye fitting. A single service line shall extend from the wye fitting to the combined sewer. All costs associated with this work shall be at the expense of the property owner.
Rule 39. Adjustments to sanitary sewer service bills, other than those covered by Rule 19 of Section 1060.06(b), shall be at the discretion of Council, except that the Director shall have the authority to adjust bills if the total amount at issue (water and sanitary sewer charges combined) is one thousand dollars ($1,000.00) or less.
Rule 40. A person planning on entering any part of the City's sanitary sewage or storm drainage systems or any other City-owned confined space as defined in 29 CFR-1910.46 (permit-required confined spaces) shall be required to comply with all applicable provisions of that standard.
Rule 41. Delinquent Sanitary Sewer Bills. Should the City fail to bill the appropriate amount as a result of an error, the corrected due amount may be collected by the City and shall be repaid by the sanitary sewer customer prorated over a period of time equal to the length of time during which the billing error occurred. Provided, however, no delinquent bills over three years in age shall be collected and further, the entire delinquent bill shall be immediately due and payable by the sanitary sewer customer when such sanitary sewer customer conveys the real estate for which the sanitary sewer service giving rise to the delinquent bill applies.
Rule 42. Developer Infiltration/Inflow Policy. Pursuant to the policy of the Ohio Environmental Protection Agency, infiltration/inflow (I&I) credits from the City are available for reservation on a first-come, first-serve basis. If I&I credits are available, the City will reserve them for a development effective on the date the sanitary sewer plans for the development are approved by the City, contingent on approval by the Ohio Environmental Protection Agency. If I&I credits are not available, the development will be placed on a standby list and I&I credits will be allocated to the development by the City as I&I credits become available. Developments will be placed on the standby list in the order in which the sanitary sewer plans for each development were approved by the City and developments will be allocated I&I credits as they become available in the same order.
Prior to the approval by the City of the sanitary sewer plans for the development, the developer shall file a bond with surety or sureties, in such form as shall be approved by the Director of Law and Director of Public Utilities, and in an amount equal to the infiltration and inflow capital expansion charge as specified in Section 1050.09(b)(1). Such bond shall guarantee that sanitary sewer construction for the development will begin within twelve months from the date the Ohio Environmental Protection Agency approves the Permit to Install for the development. In lieu of filing the bond as contemplated by this subsection, the developer shall deposit in escrow the face amount of such bond in a banking institution situated in the City. The escrowed funds, by terms of the escrow agreement, shall be retained on deposit until the earlier of the beginning of sanitary sewer construction for the development or twelve months from the date the Ohio Environmental Protection Agency approves the permit to install for the development and shall not be disbursed except upon the written authorization of the City Engineer.
For the purposes of this rule, one gallon per day of average daily design flow will require 3 1/3 gallons per day of I&I credits and one Equivalent Residential Unit (ERU) is equal to 400 gallons per day of average daily design flow or 1332 gallons per day of I&I credits (peak flow). (Ord. 45-2012. Passed 3-16-12.)