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§ 12-5-8 EXTENSIONS.
   A.   Planned extensions. The city may from time to time, through the creation by the county of special taxing districts or by other means, plan sewer extensions in specific areas of the county. The costs of these extensions and terms of payment may be set forth individually by county ordinance or resolution.
   B.   Sewer extensions other than planned extensions. Where properties are to be served by extensions which are not planned extensions, sewer facilities shall be extended on the following basis.
      1.   Application (by developers or others). An application shall be required for extension of sewer service under the provisions hereof, and shall be in writing and signed by the developer or developers desiring city sewer service. The application shall be filed with the Public Works Director and shall include a legal description of the property and shall indicate the name, street address, lot and block number, and the street frontage of each site, along with the proposed usage. Each applicant shall agree to connect to and use the city sewer service for his or her property. No sewers, or connections to sewers, will be extended until the charges for sewer service, as further outlined, have been provided for.
      2.   Processing of application. Upon receipt by the Public Works Director of a proper application requesting a sewer main extension, it will be evaluated and, if not feasible, returned with the proper explanation. If feasible, the cost to the developer will be estimated and submitted to the developer for consideration. If the developer decides to proceed further with the project and final zoning of the project has been approved, at the developer's request, the Public Works Director shall prepare and submit an agreement specifying all terms and conditions for service and related costs to the developer.
      3.   Basis of payment for extensions. The cost to the developer shall be the payment of the connection charges and construction costs as further outlined. The allocation of costs for oversizing sewers and rebates in regard to off-site sewers are outlined in § 12-5-9E. and H.
      4.   Sewer extended past property line. Each developer may be required to extend one sewer line to an upstream limit of his or her property which will terminate at an upstream manhole determined by the Public Works Director with respect to the complete system, rather than at the end of the particular extension requested. At the discretion of the Public Works Director, temporary cleanouts at the property line may be allowed in lieu of extension to a proposed manhole location. The charges or costs to the developer will include the cost of sewer to the upstream property line of the development.
   C.   Right to refuse service. The city shall have the right at all times to refuse to extend service on the basis of a use detrimental to the sewer system, lack of payment of required fees, or for any reason which, in the opinion of the Public Works Director, will cause the extension not to be in the public interest. No payment of any costs, submitting of any petition, or any other act to receive sewer service shall guarantee sewer service.
(Ord. 121, passed 12-4-1979)
§ 12-5-9 CONSTRUCTION OF SEWERS; CONNECTIONS.
   A.   Sewer construction by developer. Sewers to be constructed by the developer or his or her contractor shall be constructed in accordance with the following provisions.
      1.   Plat approval. In the case of subdivisions, the application shall be accompanied by two copies of a recorded plat, or, in the case of a new subdivision, an approved tentative plat, or preferably a master tentative plat or a large scale development plan plus a plan showing location of proposed sewer extensions.
      2.   Other governmental approval. Prior to final acceptance, all the sewer extensions shall be approved by the appropriate state agencies and the County Department of Public Health.
      3.   Materials and construction standards. All materials and labor shall meet the specifications currently required by the city. All construction shall be performed under the inspection of the city and in strict compliance with the standards of the city and either city or county public works manuals, whichever is applicable.
      4.   Costs. The developer will pay all connection charges and construction costs prior to connecting to the city's system, unless otherwise specified in an agreement between the developer and the city. Construction cost will be the cost of sewer lines of sufficient capacity to collect the sewage in the proposed development and transport it to the nearest adequately-sized city sewer. Connection charges are defined in § 12-5-12 hereinafter.
      5.   Oversizing. The city reserves the right to oversize any extension and will pay for the oversizing on the basis of additional costs beyond that necessary to serve only the subject development. The city will pay an established unit amount based upon the pipe size of a facility multiplied by the length of that facility. The established unit amount will be determined by the Public Works Director based on the flow requirements of the developer and the city's study of current construction costs. The city will credit the developer for the cost of the city's share of oversized sewers and this credit will be in the form of a reduction of the connection charge or a cash payment if the connection charge is more than offset. The city also reserves the right to limit the amount of its participation in the cost of oversizing, depending on current economic conditions or other factors. The rates of credit related to the difference in diameter between the pipe required for the developer's project and the pipe required by the city to be installed are specified as follows:
 
Pipe Size Difference in Inches
Credit per Inch Diameter per Lineal Foot
Force Mains
8 and greater
$1.35
Gravity Sewer Mains
8 and greater
$1.50
 
      6.   Maintenance bond. Sewers installed under this section shall become part of the city's system; however, before acceptance, a contract bond, approved by the City Council, equal in the amount of 100% of the construction cost shall be required to guarantee all work and materials for a period of one year after acceptance by the city. Terms and conditions of the bond must meet the city's standards.
      7.   Construction permit. A permit for construction must be obtained by the developer from the appropriate governmental agency.
      8.   Repayment policy. In those cases where a developer does not utilize all of the capacity of a sewer extension he or she has paid for and which has not been oversized, others may connect into it. The city will make every effort to collect applicable construction connection charges from those others and make repayments to the developer, but shall only be liable for moneys collected. The connection charge is specified in division A.9. of this section. A developer shall not be repaid sums in excess of his or her original investment, less his or her use, in the sewer extension. The repayment shall only be made during an eight-year period commencing with the date of an executed agreement between the developer and the city for sewer service.
      9.   Construction connection charge. The construction connection charge shall be as per § 12-5-2. The period of the repayment is limited to eight years from the date of the initial execution of the developer agreement with the Authority.
   B.   Public easement required. No sewer facility will be installed under the provisions outlined herein and accepted by the city for operation and maintenance, unless it is in a public right-of-way or easement with a minimum width of 12 feet. Conveyance of all easements shall be by a separate document in recordable form to be approved by the city and shall be accompanied by a written certification by an attorney licensed to practice law in the state that the developer is the owner in fee simple of the property to be conveyed by the easements and that, upon its execution by the developer, a valid and enforceable easement in the developer's property will be vested in the city. No sewer facilities to be owned and operated by the city shall be installed under any building or appurtenance thereto.
   C.   Conveyance and ownership. All sewer facilities and appurtenances to be owned by the city shall be conveyed to the city by proper bill of sale immediately after the city's acceptance, in writing, of the construction of the system. The developer shall also provide copies of paid bills and/or lien waivers, releases, or satisfactions, together with a breakdown of the actual cost of the facilities. Concurrently with the documents required above, the developer shall furnish the city with one set of Mylar and electronic as-built drawings showing specific locations, depths, elevations to be on city elevation datum, and the like of all sewer facilities and appurtenances. When accepted and properly conveyed to the city for ownership, maintenance, and operation, the facilities shall become and remain the property of the Authority, and no person shall by the payment of any charges provided for herein, or by causing any construction of facilities accepted by the city, acquire any interest or right in any of these facilities, or any portion thereof, other than the privilege to have his or her property connected thereto for sewer service in accordance with these procedures and regulations.
   D.   Minimum size, velocity, and length of gravity sewers.
      1.   The minimum size of plumbing shall be as regulated by the Building Code.
      2.   The minimum size of a service lateral shall be four inches in diameter for a single-family residence and six inches in diameter for all others.
      3.   The minimum size of all other sewer lines shall be eight inches in diameter.
      4.   The maximum infiltration or exfiltration rate shall not exceed 200 gallons per day per inch diameter per mile of pipe.
      5.   The minimum design velocity in gravity sewers shall be two feet per second.
      6.   The minimum depth of cut to invert shall be three feet for service laterals and four feet for main line sewers.
      7.   The minimum inside diameters of sewer manholes shall be 23 inches for the cover frame opening and 48 inches at the base.
      8.   New gravity sewers shall discharge into existing gravity sewers where possible. In the event that a pumping station is required, the design of the tributary gravity system shall be such as to permit the present or future extension of the system's gravity service area to the maximum practical extent. To this end, the depth to invert at the pumping stations shall be in the range of 12 to 14 feet and shall permit extension of gravity lines not less than one-half mile. New force mains shall discharge into existing force mains.
      9.   The design and layout of the system shall be subject to approval by the Public Works Director as to conformance with city standards and its master sewer plan. The developer shall include provisions required by the city to carry out the intent of the master planning and will be reimbursed for the additional cost of oversized facilities.
   E.   Approvals. No sewer extension will be accepted by the city without the approvals of the Public Works Director and the appropriate state agency and the City Engineer.
   F.   Unauthorized work on sewer system. No person shall tamper with, work on, uncover, make connection with, or in any way alter or damage any city sewer or sewer appurtenance without written permission of the Public Works Director or his or her appointed representative. Further, no unauthorized person shall cause storm water, ground water, or any other unauthorized water or material to enter the sanitary sewer system, including sanitary sewage from septic tank trucks. This shall include the tying of downspouts or air-conditioning condensate lines into the sewer system, raising of manhole lids to allow for drainage, the dumping of garbage, refuse, or other wastes in manholes, the draining of swimming pools into sewers, or any other means of causing or allowing any substance not considered sanitary sewage, or not legally paid for as sanitary sewage, to enter the sewer system. The offending person shall pay the total cost of all charges attributable to the tampering and be subject to all penalties as may be provided by law.
   G.   Common house connections. A single connection serving two or more properties will not be permitted. In no case will common plumbing to two or more lots or parcels be allowed.
   H.   Extent of city maintenance. The city shall not be responsible for the repair and maintenance of house connections to the service laterals, nor for privately-owned pumping stations, force mains, and sewers. The city shall be responsible only for the repair and maintenance of all public sewers, pumping stations, and force mains in the city's system and shall make a diligent effort to inspect and keep these facilities in good repair.
   I.   Customer's maintenance.
      1.   The customer shall be responsible for the maintenance of the plumbing from the connection at the service lateral into and including the house plumbing, if a common lateral is utilized for two adjacent properties. If a single lateral is utilized exclusively for one property, the customer shall be responsible for keeping the service lateral, in addition to the plumbing, free from obstructions. In either case, the city shall have the right to inspect the house connection and plumbing and to discontinue water service to any customer or property owner who fails to maintain the plumbing to the extent that it may or does cause harm to the sewer facilities.
      2.   In the case of municipally- or privately-owned utilities, the city's responsibility for the cost of maintenance ends at the point of connection to the city system. The city retains all rights to insist on proper maintenance of these facilities and to exclude infiltration and/or harmful wastes by the owners.
   J.   Connection to sewer required. For the better protection of the health and convenience of the inhabitants, all persons owning real property adjoining streets and alleys in which there are sewer pipes and mains of the sewer system, and persons owning, leasing, or using real property or buildings or fixtures thereon which can be served by sewers, shall cause to be connected all privies, cesspools, and open and unconnected drains with the sewer system within 90 days after receipt of verbal or written notice by the city.
(Ord. 121, passed 12-4-1979) Penalty, see Article 1-8
§ 12-5-10 REGULATION OF DISCHARGES.
   A.   Purpose. It is the purpose of this section to establish rules and regulations concerning discharges to the system, including the determination of the acceptability or unacceptability of discharges, the pretreatment of discharges, and establishing specific limitations on certain discharges.
   B.   Access to premises for inspection of discharge; inspection chamber may be required. The Director shall at all times have free access to the premises of any user of its facilities, and free access to the premises of any person reasonably believed by the Director to be a user or possible user of its facilities, for the purpose of inspecting, sampling, or testing the discharge emanating therefrom, or any discharge which may emanate therefrom in order to determine whether the discharge, or potential discharge, is acceptable or unacceptable to the city. Where necessary, the Director may require the owner of any premises which discharges to the system to install a suitable inspection chamber, together with any necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the discharge, or potential discharge. The chambers, when required, shall be constructed in accordance with plans approved by the Director. The chamber shall be installed at the owner's expense and shall be maintained by him or her so as to be safe and assessable at all times.
   C.   Acceptability or unacceptability of discharge; determination by Public Works Director. The Director shall determine the acceptability or unacceptability of any discharge to the system. The determination shall be made on the basis of sound engineering and operational evaluations taking into consideration the nature and concentration of the discharge, its point of entry into the system, its compatibility with other discharges in the system, its compatibility with the treatment facility receiving it, and all other factors pertinent to the effect of the discharge on any part of the system or treatment process.
   D.   Unacceptable discharges. Unacceptable discharges shall include, but not necessarily be limited to, those which have been determined by the Director to:
      1.   Contain materials or substances which would constitute a hazard to life and limb of personnel engaged in inspection, maintenance, and operation of the system;
      2.   Contain materials or substances which are toxic, as defined in § 12-5-1;
      3.   Contain materials or substances which are in any way deleterious to any part of the system;
      4.   Contain concentrations of any toxic or deleterious materials or substances in excess of any limits set thereon in accordance with these regulations;
      5.   Cause the city to incur excessive expense in the handling or treatment thereof;
      6.   Be incompatible with the treatment process or inhibit the performance of the treatment process at a city treatment facility;
      7.   Be of such volume or contain such BOD, suspended solids, or other material load which could cause the treatment facility to exceed its design capabilities;
      8.   Cause a treatment facility of the city to fail to meet effluent requirements set by state and federal regulatory agencies or cause the effluent to have a degrading effect on the receiving body of water;
      9.   Contain viable pathogenic organisms in quantities as to be a hazard to public health; and/or
      10.   Cause a treatment facility of the city to fail to meet effluent requirements as established under the city's operation permit for its sewage treatment plants.
   E.   Unacceptable discharges; refusal of service. The Director may refuse the service of the city's facilities to any person whose discharge is determined by the Director to be unacceptable in accordance with the provisions of this chapter.
   F.   Unacceptable discharges; pretreatment permitted. Any person whose discharge has been determined by the Director to be unacceptable in accordance with the provisions of this chapter may apply to the Director for permission to pretreat the discharge by the use of a method of pretreatment designed to render the discharge acceptable.
   G.   Acceptable methods of pretreatment; review by Public Works Director; refusal of pretreatment method. The acceptability of a pretreatment method for any given discharge, an application for which has been made in accordance with these regulations, and the terms for the installation and use thereof shall be reviewed by the Director. The review shall be made on the basis of sound engineering and operational evaluations taking into consideration all factors pertinent to the effect of the discharge both before and after pretreatment on any part of the system. The federal pretreatment regulations, 40 C.F.R. pt. 403, shall be enforced as applicable.
   H.   Inspection of pretreatment facilities by Public Works Director. Pretreatment facilities shall at all times be subject to inspection by the Director in order to determine if the facilities are efficiently performing the function for which they are installed.
   I.   Cost of pretreatment to be borne by user. All costs incident to pretreatment and all expenses incident to the acquisition, installation, operation, maintenance, and repair of pretreatment facilities shall be borne by the user. In addition, any extraordinary administrative or investigative expenses incurred by the city as a result of the installation and use of pretreatment facilities shall be charged to the user.
   J.   Discharge of certain materials and substances prohibited. No person shall release or cause to be released, or allow to run, leak, or escape into the Authority's sewerage system, any discharge containing any materials or substances considered by the Public Works Director to be toxic, as defined in § 12-5-1, or to be in any way deleterious to any part of the Authority's sewerage system or treatment process. Certain materials shall by their nature be considered by the Public Works Director to be toxic or deleterious, except in small quantities or concentrations. The materials or substances shall include, but not necessarily be limited to:
      1.   Construction materials, ashes, cinders, sand, mud, straw, shavings, metals, glass, rags, feathers, tar, plastic, wood, paunch manure, fur, wax, or any solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system;
      2.   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, solids, or gases;
      3.   Steam or hot water above 150°F (65°C);
      4.   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l, or containing substances which may solidify or become viscous at temperatures between 33°F and 150°F (1°C and 65°C);
      5.   Any water or wastes having a pH lower than five and one-half or higher than ten, or having any other corrosive property apt to cause damage or hazard to structures, equipment of the sewerage system, or personnel employed in its operations;
      6.   Any water or waste containing readily-releasable cyanide (cyanide released at a temperature of 150°F (65°C) and pH = two and one-half) in excess of two mg/l; any water or waste containing total cyanide in excess of five mg/l;
      7.   Coal tar and its derivatives and waste; and/or
      8.   Any liquids or wastes containing toxic or poisonous substances in sufficient quantities or rate of flow as to injure or interfere with any of the sewage treatment process, to constitute a hazard to human beings or animals, or to create any hazard in the receiving waters.
   K.   Discharge of certain materials permitted conditionally.
      1.   Certain toxic substances and pathogenic bacteria, admission of which into the system would otherwise be prohibited, shall be acceptable in a discharge if they are:
         a.   Reduced by treatment at the source to a point that will meet the general purposes of these rules and regulations or come within any applicable standards set thereon now or hereafter in accordance with these regulations; or
         b.   Discharged in such small concentrations so as to not be injurious to personnel, sewers, any biochemical, biological, or other sewage treatment process, or receiving waters.
      2.   The substances shall include, but not necessarily be limited to:
         a.   Any alcohols, antibiotics, arsenic, arsenicals, bromine, iodine, chlorine, copper, copper salts, cresols, creosotes, fluorine, formaldehydes, mercury, mercuricals, phenols, phenol derivatives, silver, silver compounds, silvermides, toxic dyes (organic and mineral), or zinc;
         b.   Any strong oxidizing agents such as chromates, dichromates, permanganates, or peroxides;
         c.   Any chemical compounds producing toxic, flammable, or explosive gases, either upon acidification, alkalization, oxidation, or reduction;
         d.   Any strong reducing agents such as nitrates, sulphides, sulfites, and thiosulphates; and/or
         e.   Any waste from industrial processes, hospital procedures, or commercial processes containing viable pathogenic organisms.
   L.   Specific limitations on certain materials and substances in discharges; compatibility with regulatory agency requirements.
      1.   Table A lists the maximum allowable values for certain materials in, or characteristics of, wastewater entering the city's sewerage systems. The city reserves the right to establish standards for substances not contained in this list. In setting additional standards, the city will generally follow the standards of the Water Pollution Control Federation. In defining and interpreting the values in Table A, reference shall be made to Standard Methods for the Examination of Water and Wastewater, American Water Works Association, latest edition.
Table A
Material or Characteristic
Maximum Allowable Value
Table A
Material or Characteristic
Maximum Allowable Value
Boron
1.0 ppm
Chromium, total
10.0 ppm
Copper
10.0 ppm
Cyanides
2.0 ppm
Cadmium
2.0 ppm
Lead
0.1 ppm
Mercury
2.0 ppm
Nickel
10.0 ppm
Zinc
10.0 ppm
Iron
25.0 ppm
Phenols
0.5 ppm
BOD
210.0 ppm
Suspended Solids
210.0 ppm
pH
5.5—10
Temperature
150°F
 
      2.   The above limitations are intended to apply generally to all industrial users within the city's sewerage system. If and when state or federal regulatory agency regulations require a specific pretreatment concentration for a specific industry, whichever is the more stringent concentration level between these regulations and those regulations will apply.
   M.   Discharges containing ground garbage; approval of certain size grinders required. Any discharge to the city's sewerage system containing garbage may be made acceptable by means of grinding and dilution, provided, however, that the installation of and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 h.p. metric) or greater shall be subject to review and approval by the Public Works Director prior to the installation and operation and to periodic inspection by the city thereafter.
   N.   Discharges containing acids and bases; neutralization required. Any water or wastes which are unacceptable pursuant to these regulations shall be neutralized, diluted, or subjected to some other acceptable method of pretreatment in order to render it acceptable to the city, in accordance with the provisions of this chapter, prior to its discharge to the system. If necessary, the use of automatically operating, diluting, or neutralization and monitoring equipment shall be required. If, upon neutralization, the discharge is sufficiently high in ionic strength as to continue to be unacceptable, further pretreatment shall be required.
   O.   Discharge of odors; control by owner required. It shall at all times be the responsibility of the owner to eliminate or control the emission of offensive odors from building sewers to the system or the development of offensive odors in the system as the result of a discharge. Whenever the Director determines that offensive odors emanating from building sewers or resulting from a discharge are present in the system, he or she shall require the owner to take whatever steps are necessary to eliminate the odors from the system. The cost of any devices which may be necessary to eliminate or control the odors and all attendant expenses shall be borne by the owner.
   P.   Prevention of accidental release of unacceptable substances. There shall be no connection to the system from any vessel, tank, container, or receptacle of any kind used to receive, hold, store, or in any other way handle any toxic or deleterious materials or substances, the discharge of which is prohibited by these regulations through which quantities of the materials or substances could accidentally or otherwise be discharged directly or indirectly into the system. Persons who in the course of their business or otherwise transport, store, receive, ship, or in any other way handle or process any such materials or substances shall take precautions to prevent accidental spillage of the substances to any connection to the system by way of floor drains, basins, catch basins, downspouts, gutters, manholes, or any other such connection. Whenever the Director determines that accidental spillage has occurred through any connection to the system as described above, he or she shall require the owner to eliminate the connection.
   Q.   Accidental release of unacceptable discharge; notification; charges. In the event of any accidental release to the system of any unacceptable discharge or of any substances or materials considered by the Public Works Director to be toxic or deleterious, as provided in this chapter, it shall be the responsibility of the user to notify the Public Works Director immediately, and in no case later than one hour following such a discharge, so that remedial action can be taken. Costs incurred to correct any damage resulting from such a discharge shall be charged to the user and failure to report the discharge shall result in an additional charge of $1,500 in addition to costs of correction. Each discharge shall be considered separately and costs and charges levied accordingly. Each day on which there is such a discharge shall be and is hereby deemed to be a separate discharge and charges shall be levied accordingly. The charges shall be collected by the city in the same manner as all other charges set by the city.
   R.   Special agreements; application to district. Whenever necessary or expedient in order to carry out the provisions of these regulations, the Public Works Director may enter into special agreements with users of the city's facilities setting forth terms under which the discharge of the users will be acceptable to the city. The agreements shall be made only in accordance with an application therefor made to the Board of Review pursuant to these regulations.
   S.   Discharge of unpolluted water where storm sewer is available. Whenever separate storm and sanitary sewers are provided, required, or in use in any area of the city, all unpolluted water, including all storm water, surface water, ground water, roof runoff, uncontaminated cooling water, subsurface drainage, or unpolluted industrial process water, shall be discharged to the storm sewer. Whenever in such areas any such unpolluted water is found to be discharged to sanitary sewer, the Director shall require the discharge to be connected to the storm sewer at the expense of the user.
   T.   Appeal from determination regarding discharge. Any industrial user whose discharge has been determined by the Director to be unacceptable in accordance with these regulations or who disagrees with any other determination of the Director hereunder may apply to the City Common Council for a review thereof in accordance with these regulations.
   U.   Failure to comply with discharge regulations; charges. Any failure to comply with any provision of this chapter shall result in an additional charge against the person or premises so failing to comply in the amount of $500. In addition, the person or premises shall be liable for any damages which occur to the system as a result of the failure to comply with any provision of these regulations, and each such failure to comply shall be and is hereby deemed to be a distinct and separate failure and charges shall be applied accordingly. The charges shall be collected by the city in the same manner as all other charges set by the city.
(Ord. 121, passed 12-4-1979) Penalty, see Article 1-8
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