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Any person violating any provision of this article shall be fined not less than forty five dollars ($45.00) nor more than seven hundred dollars ($700.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 198, 9-4-1996; amd. Ord. 319, 8-11-2020)
In all cases, the property owner shall be held responsible for the payment of the water use and rates, and in case the supply is shut off for nonpayment, the water shall not be reconnected until the delinquent charges have been paid together with the sums set forth below: (Ord. 198, 9-4-1996)
A. Monthly charges shall commence and accrue immediately upon occupation of the subject property. Charges for water used are to be billed monthly on or about the first day of each month. Payment received on or before the fifteenth day of the same month billed shall be deemed to have been paid by the scheduled due date. Payments received six (6) days after the scheduled due date of the month shall be considered to be delinquent and shall be subject to a delinquency charge of fifteen dollars ($15.00) or five percent (5%) of the principal amount owed whichever is greater beginning upon the delinquent date and continuing up to, but not exceeding, four (4) additional months. (Ord. 217, 12-7-1999, eff. 1-1-2000)
B. If at any time a bill is not paid within forty five (45) days after mailing the same to the user, the town may disconnect such user's water service. If the subject property is connected by the same tap as used by another owner and the other owner is not delinquent, the town may take such action as is necessary to disconnect the water service to the delinquent user while maintaining water service to the nondelinquent user. Such action may include, but not be limited to, excavation and installation of such pipes, valves, meter and other materials necessary to establish separate service. In such event the delinquent user and/or owner of the property shall be assessed with the costs incurred by the town in obtaining the disconnection of services. Additionally, the delinquent user and/or owner shall be assessed an administrative "turnoff" fee of twenty five dollars ($25.00) which sum shall be added to the other costs described herein.
A reconnection fee of fifty dollars ($50.00), together with the actual costs of disconnection and the payment of all past due amounts, shall be required and paid before the water service is restored to the property. (Ord. 260, 12-5-2006, eff. 1-1-2007)
Should the use requested by the owner require or should it be required by the town that the water be disconnected for inspection purposes only, the cost of disconnection and reconnection shall be thirty dollars ($30.00). (Ord. 268, 7-8-2008)
C. It shall be unlawful for any user to unilaterally reconnect his or her water service after the town has disconnected the water service and before said user has paid the reconnection fee and all past due amounts, including cost and late charges. The town shall be solely empowered to reconnect all water use and not the user. Any user who wrongfully reconnects the water service without authority from the town shall be subject to those penalties as set forth in section 6-3A-10 of this article.
D. In addition to the remedies as set forth above, charges for water shall be a lien upon the property as provided by statute. Whenever a bill for water service remains unpaid forty five (45) days after it has been mailed, the town clerk may file with the Elbert County clerk and recorder, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the town claims a lien for this amount as well as for all charges for water service subsequent to the period covered by the bill. Property subject to a lien for unpaid water charges shall be sold for nonpayment for the same, and the proceeds of such sale shall be applied toward the payment of the charges, after deducting costs, including reasonable attorney fees, as is the case of the foreclosure of statutory liens. Such foreclosure shall be by and in the name of the town of Simla. Further, the town clerk may certify the late charges and fees to the county commissioners of Elbert County, Colorado, to be placed upon the tax roll and obligation of the subject property owner, together with appropriate interest. (Ord. 198, 9-4-1996)
Notes
| 1 | 1. See section 3-3-2 of this code for application of water use rates and fees to garbage collection. |
ARTICLE B. WASTEWATER SYSTEM RULES AND REGULATIONS
SECTION:
6-3B-1: Purpose And Policy
6-3B-2: Definitions
6-3B-3: Qualified Maintenance Manager And Certified Facility Operator
6-3B-4: Individual Wastewater Disposal Systems
6-3B-5: Wastewater Service
6-3B-6: Connection And Installation Of System
6-3B-7: Costs And Charges
6-3B-8: Prohibitions And Limitations On Wastewater Discharge
6-3B-9: Authority Of Inspectors
6-3B-10: Wastewater Discharge Limitations
6-3B-11: Control Of Prohibited Wastes
6-3B-12: Industrial Wastewater Monitoring And Reporting
6-3B-13: Industrial Discharge Permit System
6-3B-14: Enforcement And Penalties
These rules and regulations set forth uniform requirements for users of the publicly owned treatment works for the Simla wastewater system and enables the town to comply with all applicable state and federal laws, including the federal water pollution control act amendments of 1972, and the clean water act of 1977, with subsequent amendments. The objectives of these rules and regulations are:
A. To prevent the introduction of pollutants into the publicly owned treatment works, hereinafter referred to as POTW, which would interfere with its operation;
B. To prevent the introduction of pollutants into the POTW that would pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
C. To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;
D. To enable the town to comply with any and all federal or state laws to which the POTW is subject;
E. To enable the town to control the right to any use of the sewage system by conditional grants of permission which are subject to future conditions, suspension, and revocation.
These rules and regulations shall apply to all users of the POTW. These rules and regulations authorize the issuance of wastewater connection permits; establish conditions for service; provide for enforcement activities; establish administrative procedures; and provide for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 212, 8-3-1999)
Unless the context indicates otherwise, the meanings of terms used in this article shall be as follows:
ACT: The federal water pollution control act amendments of 1972, and subsequent amendments, including the clean water act of 1977.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: A principal executive officer of at least the level of vice president, if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or proprietorship, or a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates.
BOD OR BIOCHEMICAL OXYGEN DEMAND: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory methods of five (5) days at twenty degrees Celsius (20°C), expressed in terms of weight and concentration (milligrams per liter).
BIOCIDES: Those chemical compounds commonly known as herbicides, fungicides, rodenticides, insecticides, or bactericides.
BUILDING DRAIN: 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 the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the utility or other place of disposal.
BYPASS: The intentional diversion of waste streams from any point of a user's service connection.
CDPS OR COLORADO DISCHARGE PERMIT SYSTEM: The program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into surface water of the state of Colorado under conditions of the delegation of authority to administer a state water quality control program pursuant to section 402 of the act.
CERTIFIED FACILITY OPERATOR: That qualified person, who is trained and certified by the state of Colorado and/or the United States of America, as may be applicable, and who is appointed and employed by the town for the purpose of testing, monitoring, and assuring compliance with the town as to the requirements of the town's Colorado discharge permit, and who is qualified to perform those duties as set forth in sections 6-3B-10 through 6-3B-14 of this article.
COLLECTION LINE: That portion of the wastewater treatment system which collects and transmits wastewater from users to the wastewater treatment plant, excluding service lines.
COMBINED SEWER: A sewer line receiving both surface runoff and sewage.
COMMERCIAL: That use which pertains to all wastewater service provided to other than residential, restaurant, or industrial users.
COMPLIANCE SCHEDULE: A schedule containing increments of progress in the form of dates for the commencement and/or completion of major events leading to the construction and operation of additional treatment or pretreatment required for the user to meet the applicable treatment or pretreatment standards.
COMPOSITE SAMPLE: Multiple samples collected at equally spaced intervals or proportioned according to flow, which may be flow paced, and combined into one sample.
CONVENTIONAL POLLUTANT: BOD, suspended solids, pH, and fecal coliform bacteria, and such additional pollutants as are now or may in the future be specified and controlled in the utility's permit for its wastewater treatment works where said works have been designed and used to reduce or remove pollutants.
COOLING WATER: The water discharged from uses such as air conditioning or refrigeration or to which the only pollutant added is heat.
CUSTOMER OR USER: The person or authorized agent of the person or entity designated on the records of the town as the person responsible for payment of charges incurred for the use of the wastewater service system at the premises being served.
DOMESTIC WASTES OR SANITARY WASTES: Liquid waste from the noncommercial preparation, cooking and handling of food, or that which contains human excrement and similar matter discharged into a collection line from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and other institutions.
FIXTURE UNIT EQUIVALENT: The unit value prescribed for plumbing fixtures as set out in the uniform plumbing code, latest edition, computed on the basis of the design capability of such fixture to permit the flow of water or wastewater.
GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food and produce.
GRAB SAMPLE: A single dip and take sample collected so as to be representative of the parameter being monitored.
INCOMPATIBLE POLLUTANT: Any pollutant which is not a "conventional pollutant" as defined herein.
INDIVIDUAL WASTEWATER DISPOSAL SYSTEM: A septic tank, cesspool or similar self-contained receptacle or facility which collects and/or treats or otherwise disposes of wastewater and which is not connected to the wastewater treatment system of the town.
INDUSTRIAL USER: A source of indirect discharge under regulations pursuant to or for which local pretreatment standards have been published by the environmental protection agency or for which local pretreatment standards have been established.
INDUSTRIAL WASTES: Any liquid, solid, or gaseous waste or form of energy or combination thereof resulting from any process or operational procedure of an industrial user, that is nondomestic in nature, and is distinct from sanitary wastes.
INTERFERENCE: Inhibition or disruption of the POTW's sewer system, treatment processes or operations or which contributes to a violation of any requirement of the town's permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the act or any criteria, guidelines or regulations developed pursuant to the solid wastes disposal act, the resource conservation and recovery act, the clean air act, the toxic substances control act, or more stringent state criteria applicable to the method of disposal or use employed by the POTW.
NPDES OR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM: The program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone, and the oceans pursuant to section 402 of the act. This shall be analogous with the term CDPS, Colorado discharge permit system, wherein the state of Colorado is delegated the authorities and responsibilities outlined above.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
NEW SOURCE: Any industrial user, the construction of which is commenced after the effective date of regulations prescribing a section 307(c) (33 USC 1317) categorical pretreatment standard which will be applicable to such industrial user.
NORMAL DOMESTIC STRENGTH WASTEWATER: Wastewater that when analyzed by standard methods contains no more than two hundred milligrams per liter (200 mg/l) of suspended solids and two hundred milligrams per liter (200 mg/l) of BOD.
PERMIT: The right of discharge of domestic or sanitary wastes into the town's collection lines.
pH: The logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution, measured in a scale from one to fourteen (14) (1 to 7 = acidic; 7 to 14 = base) with seven (7) being neutral.
PRETREATMENT: Application of physical, chemical and/or biological processes to reduce the amount of pollutants in or to alter the nature of the pollutant properties in wastewater prior to discharging such wastewater into the wastewater treatment system.
PRETREATMENT STANDARDS: All applicable federal rules and regulations implementing section 307 of the act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
PROPERLY SHREDDED GARBAGE: 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 flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW), WASTEWATER TREATMENT SYSTEM, SEWER SYSTEM, OR WASTEWATER SYSTEM: Any devices, facilities, structures, equipment or works owned or used by the town for the purpose of the transmission, storage, treatment, recycling, and reclamation of domestic wastes, or necessary to recycle or reuse water, including intercepting sewers, outfall sewers, natural treatment systems, collection lines, pumping, power and other equipment, and their appurtenances and excluding service lines; extensions, improvements, additions, alteration, or any remodeling thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including the land and sites that may be acquired, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
QUALIFIED MAINTENANCE MANAGER: That qualified person, as defined herein, appointed and employed by the town to administer these rules and regulations and to oversee the technical and practical operation of the POTW.
RECEIVING WATER: Lakes, rivers, streams or other watercourses which receive treated or untreated wastewater.
RESIDENTIAL: Pertaining to wastewater service provided premises used as dwelling places or residences, including single-family dwellings, common wall multi-family dwellings, mobile home, and manufactured homes.
SERVICE LINE: The wastewater collector line extending from the wastewater disposal facilities of the premises up to and including the connection to the collection line.
SIGNIFICANT INDUSTRIAL USER:
A. All industrial users subject to categorical pretreatment standards under 63.14 through 63.52, and
B. Any other industrial user that: discharges an average of twenty five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority, as defined in 63.7(O), on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
C. Upon a finding that an industrial user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW determine, in accordance with paragraph 63.9(E)(4) in those instances where the POTW is the control authority, that such industrial user is not a significant industrial user.
SIGNIFICANT VIOLATION: A violation of this article which remains uncorrected forty five (45) days after notification of noncompliance; or which is a pattern of noncompliance over a twelve (12) month period; or which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under section 403.8(F)(1)(IV)(B) of the act.
SLUDGE: Any discharge of water, sewage or industrial waste which contains any substances regulated by this article in concentrations which exceed for any period longer than fifteen (15) minutes more than five (5) times the average daily concentration of that substance during normal operations and exceeds the limitations contained in this article, or which causes a two-fold or more increase in discharge rate for a period longer than twenty (20) minutes; or causes the user's effluent to violate the pH limitations provided in this article for a period longer than twenty (20) minutes.
STORM DRAIN: A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted water.
STORM WATER: Water flowing or discharged as a result of rain, snow, or other precipitation.
SUSPENDED SOLIDS: The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering by standard methods.
UNPOLLUTED WATER: Water which does not contain any substances limited or prohibited by the effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards.
USER: Any person who discharges, or causes or permits the discharge of wastewater into the town's wastewater treatment system.
USER CLASSIFICATION: A classification of users such as residential, commercial, restaurant, industrial, or significant industrial user.
WASTEWATER: 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.
WASTEWATER TREATMENT SYSTEM OR WASTEWATER SYSTEM: Any devices, facilities, structures, equipment or works owned or used by the town for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic waters, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, collection lines, pumping, power and other equipment, and their appurtenances and excluding services lines. Includes extensions, improvements, additions, alterations, or any remodeling thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities, and any works, including the land and sites that may be acquired, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. (Ord. 212, 8-3-1999; amd. Ord. 242, 10-7-2003; Ord. 252, 9-6-2005)
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