(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act also referred to as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
ASTM. American Society for Testing Materials.
BOD5 or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C in terms of milligrams per liter (mg/l).
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. Also referred to as a HOUSE CONNECTION or SERVICE CONNECTION.
CHEMICAL OXYGEN DEMAND (COD). The quantity of oxygen utilized in the chemical oxidation of organic matter as determined by standard laboratory procedures, and as expressed in terms of milligrams per liter (mg/l).
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES/SDS permit if the treatment facilities are designed to treat such pollutants to a degree which complies with effluent concentration limits imposed by the permit.
CONTROL MANHOLE. A structure specially constructed for the purpose of measuring flow and sampling of wastes.
EASEMENT. An acquired legal right for the specific use of land owned by others.
FECAL COLIFORM. Any number of organisms common to the intestinal tract of humans and animals whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat or grease in a physical state, such that it will separate by gravity from wastewater.
GARBAGE. Animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a “compatible pollutant”, including non-biodegradable dissolved solids.
INDUSTRY. Any non-governmental or non-residential user of a publicly owned treatment works which is identified in the Standard Industrial Classification Manual, latest edition, which is categorized in Divisions A, B, D, E and I.
INDUSTRIAL WASTE. Gaseous, liquid and solid wastes resulting from industrial or manufacturing processes, trade or business, or from the development, recovery and processing of natural resources, as distinct from residential or domestic strength wastes.
INFILTRATION. Water entering the sewage system (including building drains and pipes) from the ground through such means as defective pipes, pipe joints, connections and manhole walls.
INFILTRATION/INFLOW (I/I). The total quantity of water from both infiltration and inflow.
INFLOW. Water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, surface runoff, street wash waters or drainage.
INTERFERENCE. The inhibition or disruption of the city’s wastewater disposal system processes or operations which causes or significantly contributes to a violation of any requirement of the city’s NPDES and/or SDS permit. The term includes sewage sludge use or disposal by the city in accordance with published regulations providing guidelines under § 405 of the Act, being 33 U.S.C. § 1345 or any regulations developed pursuant to the Solid Waste Disposal Act (being 42 U.S.C. §§ 6901 et seq.), the Clean Air Act (being 42 U.S.C. §§ 7401 et seq.), the Toxic Substances Control Act (being 15 U.S.C. §§ 2601 et seq.) or more stringent state criteria applicable to the method of disposal or use employed by the city.
MPCA. Minnesota Pollution Control Agency.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS. Federal regulations establishing pretreatment standards for introduction of pollutants in publicly-owned wastewater treatment facilities which are determined to be not susceptible to treatment by the treatment facilities or would interfere with the operation of the treatment facilities, pursuant to § 307(b) of the Act, being 33 U.S.C. § 1317(a) and (b).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued by the MPCA, setting limits on pollutants that a permittee may legally discharge into navigable waters of the United States pursuant to §§ 402 and 405 of the Act, being 33 U.S.C. §§ 1342 and 1345.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewers, which overflow into a watercourse, pond, ditch, lake or other body of surface water or ground water.
NON-CONTACT COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added, is heat.
NORMAL DOMESTIC STRENGTH WASTE. Wastewater that is primarily introduced by residential users with a BOD5 concentration not greater than 270 mg/l and a suspended solids (TSS) concentration not greater than 240 mg/l.
pH. The logarithm of the reciprocal of the concentration of hydrogen ions in terms of grams per liter of solution.
PRETREATMENT. The treatment of wastewater from industrial sources prior to the introduction of the waste effluent into a publicly-owned treatment works.
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 earned freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch (1.27 cm) in any dimension.
SEWAGE. The spent water of a community. The preferred term is WASTEWATER.
SEWER. A pipe or conduit that carries wastewater or drainage water.
(a) COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges and connections.
(b) COMBINED SEWER. A sewer intended to serve as a sanitary sewer and a storm sewer.
(c) FORCE MAIN. A pipe in which wastewater is carried under pressure.
(d) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
(e) PRIVATE SEWER. As owned and maintained by the city.
(f) PUBLIC SEWER. A sewer owned, maintained and controlled by the city.
(g) SANITARY SEWER. A sewer intended to carry only liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters which are not admitted intentionally.
(h) STORM SEWER or STORM DRAIN. A drain or sewer intended to carry storm waters, surface runoff, ground water, subsurface water, street wash water, drainage and unpolluted water from any source.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater treatment facility which has a discharge flow:
(a) In excess of 25,000 gallons per average work day;
(b) Has exceeded 5% of the total flow received at the treatment facility;
(c) Whose waste contains a toxic pollutant in toxic amounts pursuant to § 307(a) of the Act; or
(d) Whose discharge has a significant effect, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of sludge, the system’s effluent quality or emissions generated by the treatment system.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent, or in quantity of flow, exceeds for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration of flows during normal operation, and shall adversely affect the collection and/or performance of the wastewater treatment works.
STATE DISPOSAL SYSTEM (SDS) PERMIT. Any permit (including any terms, conditions and requirements thereof) issued by the MPCA pursuant to M.S. § 115.07, as it may be amended from time to time, for a disposal system as defined by M.S. § 115.01, subd. 8, as it may be amended from time to time.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, latest edition, and referred to as non-filterable residue.
TOXIC POLLUTANT. The concentration of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects as defined in standards issued pursuant to § 307(a) of the Act.
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards, and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities.
USER. Any person who discharges or causes or permits the discharge of wastewater into the city’s wastewater disposal system.
WASTEWATER. The spent water of a community and referred to as sewage. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with any ground water, surface water and storm water that may be present.
WASTEWATER TREATMENT WORKS or TREATMENT WORKS. An arrangement of any devices, facilities, structures, equipment or processes owned or used by the city for the purpose of the transmission, storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or industrial wastewater, or structures necessary to recycle or reuse water including interceptor sewers, outfall sewers, collection sewers, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which is an integral part of the treatment process or is used for ultimate disposal of residues resulting from the treatment.
WATERCOURSE. A natural or artificial channel for the passage of water, either continuously or intermittently.
WPCF. The Water Pollution Control Federation.
(B) Control by the City Engineer. The City Engineer shall have control and general supervision of all public sewers and service connections in the city, and shall be responsible for administering the provisions of this section to the end that a proper and efficient public sewer is maintained.
(C) Unlawful acts.
(1) It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under jurisdiction, any human or animal excrement, garbage or objectionable waste.
(2) It is unlawful to discharge to any natural outlet any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this section and the city’s NPDES/SDS permit.
(3) Except as provided hereinafter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
(4) The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes from which wastewater is discharged, and which is situated within the city and adjacent to any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer of the city, shall be required at the owner’s expense to install a suitable service connection to the public sewer in accordance with provisions of this section, within 365 days of the date the public sewer is operational, provided said public sewer is within 150 feet of the structure generating the wastewater. All future buildings constructed on property adjacent to the public sewer shall be required to immediately connect to the public sewer. If sewer connections are not made pursuant to this division (C), an official 60-day notice shall be served instructing the affected property owner to make the connection.
(5) In the event an owner shall fail to connect to a public sewer in compliance with a notice given under division (C)(4) above, the city shall undertake to have said connection made and shall assess the cost thereof against the benefitted property. The assessment, when levied, shall bear interest at the rate determined by the Council and shall be certified to the Auditor of the county and shall be collected and remitted to the city in the same manner as assessments for local improvements. The rights of the city shall be in addition to any remedial or enforcement provisions of this section.
(D) Private wastewater disposal.
(1) Where a public sewer is not available under the provisions of division (C)(4) above, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this division (D).
(2) Prior to commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the city. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary to the city.
(3) A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the city. The city shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the city when work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice.
(4) The type, capacities, location and layout of a private wastewater disposal system shall comply with all requirements of Minn. Rules 7080.1050 et seq., entitled “Individual Sewage Treatment System Standards”. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(5) At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, a direct connection shall be made to the public sewer within 365 days in compliance with this section, and within 60 days any septic tanks, cesspools and similar private wastewater disposal systems shall be cleaned of sludge. The bottom shall be broken to permit drainage, and the tank or pit filled with suitable material.
(6) The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the city.
(7) No statement contained in this division (D) shall be construed to interfere with any additional requirements that may be imposed by the MPCA or the Department of Health of the state.
(E) Building sewers and connections.
(1) Any new connection(s) to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, capacity for flow, BOD5 and suspended solids, as determined by the city.
(2) No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
(3) Applications for permits shall be made by the owner or authorized agent and the party employed to do the work, and shall state the location, name of owner, street number of the building to be connected and how occupied. No person shall extend any private building drain beyond the limits of the building or property for which the service connection permit has been given.
(4) (a) There shall be two classes of building sewer permits:
1. For residential and commercial service; and
2. For service to establishments producing industrial wastes.
(b) In either case, the application shall be supplemented by any plans, specifications or any other information considered pertinent in the judgment of the city. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.
(5) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer.
(6) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building though an adjoining alley, court, yard or driveway. The building sewer from the front building may be extended to the rear building and the whole considered one building sewer. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection aforementioned.
(7) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Utilities Superintendent, to meet all requirements of this section.
(8) The size, slopes, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench, shall all conform to the requirements of the state’s Building and Plumbing Codes or other applicable rules and regulations of the city. In the absence of code provisions or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(9) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(10) No water from any roof, surface, ground water sump pump, footing tile, swimming pool or other natural precipitation shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. A permanent installation shall be one which provided for year round discharge capability to either the outside of the dwelling, building or structure, or is connected to the city storm sewer or discharges through the curb and gutter to the street. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge. The City Engineer shall have the power and duty of hearing and deciding requests for waivers from the applicability of the provisions of this division (E)(10) where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem. Application for waivers pursuant to this division (E)(10) shall be addressed in writing to the city’s Engineering Department. The applications shall at a minimum identify the property for which the waiver is being applied, the name of the property owner/applicant and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time, the City Engineer shall make a decision on the matter and serve a copy of the order upon the applicant by mail. Upon approval of an application for a waiver, the property owner shall be allowed to temporarily pump directly into the sanitary sewer system between the dates of November 1 and April 1. The holder of a waiver shall request an authorized city employee to certify that prior to April 15 of each subsequent year their discharge water connection has been removed from the sanitary sewer. Failure to provide the certification will place the waiver holder in violation of this section.
(Amended 6-28-1994; amended 2-9-1999)
(11) The connection of the building sewer into the public sewer shall conform to the requirements of the state’s Building and Plumbing Codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All connections shall be made gas-tight and water-tight, and verified by proper testing to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures and materials must be approved by the city prior to installation.
(12) The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the Utilities Superintendent.
(13) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work, shall be restored in a manner satisfactory to the city.
(14) It is unlawful for any person to make a service connection with any public sewer, or to engage in the work or business of plumbing, or the installation of water or sewer pipes without a license therefor from the state. The licensee shall give bond to the city in the penal sum of $2,000 conditioned upon faithful and lawful performance of all work in the city. Proof of filing the bond with the state shall relieve the licensee of this requirement.
(F) Use of public services.
(1) It is unlawful for any person to discharge or cause to be discharged any unpolluted water such as storm water, ground water, roof runoff, surface drainage or non-contact cooling water to any sanitary sewer. It is also unlawful for any person to direct storm water, ground water, roof runoff or surface water drainage to a neighboring or adjoining property.
(Amended 9-12-1994)
(2) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or to a natural outlet approved by the city and other regulatory agencies. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the city and upon approval and the issuance of a discharge permit by the MPCA.
(3) It is unlawful for any person to discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(a) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
(b) Solid or viscous substances which will cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or flashings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;
(c) Any wastewater having a pH of less than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater disposal system; and
(d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater disposal system. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Act.
(4) The following described substances, materials, water or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either sewers, the wastewater treatment works treatment process or equipment, will not have an adverse effect on the receiving stream and/or soil, vegetation and ground water, or will not otherwise endanger lives, limb, public property or constitute a nuisance. The City Engineer, upon consultation with the Council, may set limitations lower than limitations established in the regulations below if, in their opinion, such more severe limitations are necessary to meet the above objectives. In forming their opinion as to the acceptability of wastes, the City Engineer and Council will give consideration to such factors as the quantity of subject waste in reaction to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, the city’s NPDES and/or SDS permit, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the City Engineer are as follows:
(a) Any wastewater having a temperature greater than 150°F (65.6°C), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104°F (40°C), or having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference therein;
(b) Any wastewater 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 32°F and 150°F (0°C and 65.6°C); and any wastewater containing oil and grease concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not;
(c) Any quantities of flow, concentrations, or both which constitute a “slug”, as defined herein;
(d) Any garbage not properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food on the premises or when served by caterers;
(e) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for their maintenance and repair;
(f) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(g) Non-contact cooling water or unpolluted storm, drainage or ground water;
(h) Wastewater containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that would cause disruption with the wastewater disposal system;
(i) Any radioactive wastes or isotopes of a half-life or concentration as may exceed limits established by the city in compliance with applicable state or federal regulations;
(j) Any waters or wastes containing the following substances:
mg/l arsenic | |
mg/l cadmium | |
mg/l copper | |
mg/l cyanide | |
mg/l lead | |
mg/l mercury | |
mg/l nickel | |
mg/l silver | |
mg/l total chromium | |
mg/l zinc | |
mg/l phenolic compounds, which cannot be removed by city’s wastewater treatment system | |
mg/l other | |
(k) Any wastewater which creates conditions at or near the wastewater disposal system which violates any statute, rule, regulation or ordinance of any regulatory agency, or state or federal regulatory body; and
(l) Any waters or wastes containing BOD5 or suspended solids of a character and quantity that unusual attention or expense is required to handle the materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of this section.
(5) (a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain substances or possess the characteristics enumerated in division (F)(4) above and/or which, in the judgment of the City Engineer, upon consultation with the Council, may have a deleterious effect upon the wastewater treatment facilities, processes or equipment; receiving waters and/or soil, vegetation and ground water; or which otherwise create a hazard to life or constitute a public nuisance, the city may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to § 307(b) of the Act and all addendums thereof;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added costs of handling, treating and disposing of wastes not covered by existing taxes or sewer service charges.
(b) If the city permits the pretreatment or equalization of waste flows, the design, installation and maintenance of the facilities and equipment shall be made at the owners’ expense, and shall be subject to the review and approval of the city pursuant to the requirements of the MPCA.
(6) No user shall increase the use of process water or, in any manner, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in divisions (F)(3) and (F)(4) above, or contained in the national categorical pretreatment standards or any state requirements.
(7) Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation at the expense of the owner(s).
(8) Grease, oil and sand interceptors shall be provided when, in the opinion of the Utilities Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in division (F)(4)(b) above, any flammable wastes as specified in division (F)(3)(a) above, sand, or other harmful ingredients; except that, the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal of the captured materials by appropriate means, and shall maintain a record of dates and means of disposal which are subject to review by the Utilities Superintendent. Any removal and hauling of the collecting materials, not performed by the owner’s personnel, must be performed by a currently licensed waste disposal firm.
(9) Where required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, or control manhole, with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of wastes. The structure shall be accessible and safely located, and shall be constructed in accordance with plans approved by the city. The structure shall be installed by the owner at his or her expense and shall be maintained by the owner to be safe and accessible at all times.
(10) The owner of any property serviced by a building sewer carrying industrial wastes may, at the discretion of the city, be required to provide laboratory measurements, tests or analyses of waters or wastes to illustrate compliance with this section and any special condition for discharge established by the city or regulatory agencies having jurisdiction over the discharge. The number, type and frequency of sampling and laboratory analyses to be performed by the owner shall be as stipulated by the city. The industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with federal, state and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the city at the times and in a manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses and reporting required by the city. At such times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an independent laboratory.
(11) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the City Engineer.
(12) Where required by the city, the owner of any property serviced by a sanitary sewer shall provide protection from an accidental discharge of prohibited materials or other substances regulated by this section. Where necessary, facilities to prevent accidental discharges of prohibited materials shall be provided and maintained at the owner’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City Engineer for review and approval prior to construction of the facility. Review and approval of the plans and operating procedures shall not relieve any user from the responsibility to modify the user’s facility as necessary to meet the requirements of this section. Users shall notify the City Engineer immediately upon having a slug or accidental discharge of substances of wastewater in violation of this section to enable countermeasures to be taken by the City Engineer to minimize damage to the wastewater treatment works. The notification will not relieve any user of any liability for any expense, loss or damage to the wastewater treatment system or treatment process, or for any fines imposed on the city on account thereof under any state and federal law. Employers shall ensure that all employees who may cause or discover such a discharge, are advised of the emergency notification procedure.
(13) It is unlawful for any person, having charge of any building or other premises which drains into the public sewer, to permit any substance or matter winch may form a deposit or obstruction to flow or pass into the public sewer. Within ten days after receipt of written notice from the city, the owner shall install a suitable and sufficient catch basin or waste trap, or if one already exists, shall clean out, repair or alter the same and perform such other work as the City Engineer may deem necessary. Upon the owner’s refusal or neglect to install a catch basin or waste trap or to clean out, repair or alter the same after the period of ten days, the City Engineer may cause the work to be completed at the expense of the owner or representative thereof.
(14) Whenever any service connection becomes clogged, obstructed, broken or out of order, or detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall repair or cause such work to be done as the City Engineer may direct. Each day after ten days that a person neglects or fails to so act shall constitute a separate violation of this division (F)(14), and the City Engineer may then cause the work to be done, and recover from the owner or agent the expense thereof by an action in the name of the city.
(15) The owner or operator of any motor vehicle washing or servicing facility shall provide and maintain in serviceable condition at all times, a catch basin or waste trap in the building drain system to prevent grease, oil, dirt or any mineral deposit from entering the public sewer system.
(16) In addition, to any penalties that may be imposed for violation of any provision of this section, the city may assess against any person the cost of repairing or restoring sewers or associated facilities damaged as a result of the discharge of prohibited wastes by the person, and may collect an assessment as an additional charge for the use of the public sewer system or in any other manner deemed appropriate by the city.
(17) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern; providing that, national categorical pretreatment standards and the city’s NPDES and/or state disposal system permit limitations are not violated.
(G) Other unlawful acts. It is unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities.
(H) Powers and authority of inspectors.
(1) The Utilities Superintendent or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observations, measurement, sampling and testing pertinent to the discharges to the city’s sewer system in accordance with the provisions of this section. Every person owning improved real estate that discharges into the city’s sanitary sewer system shall allow an employee of the city or his or her designated representative to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the city inspect his or her property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this section. Any person refusing to allow his or her property to be inspected or refusing to furnish a plumber’s certificate within 14 days of the date city employees or their designated representatives are denied admittance to the property, shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this section shall make the necessary changes to comply with this section and furnish proof of the changes to the city within six months of initial inspection. Each sump pump connection identified will be reinspected on a regular basis. All new homes will be required to have their sump pump system inspected within 90 days of occupancy and a certificate of compliance completed.
(2) The City Engineer or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. An industry may withhold information considered confidential, however, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(3) While performing necessary work on private properties, the City Engineer or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death or the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in this section.
(4) The City Engineer or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Amended 6-28-1994; amended 12-6-1994)
(I) Violations. Any person found to be violating any provision of this section shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations. It is unlawful for any person to continue any violation beyond the time limit provided for above, and on conviction thereof, shall be fined in the amount not exceeding $200 for each violation. Each day in which any such violation occurs shall be deemed a separate offense. Any person violating any of the provisions of this section shall become liable to the city for any expense, loss or damage occasioned by the city by reason of the violation.
(J) Surcharge. A surcharge of $25 per month will be imposed and added to every sewer billing to property owners who are not in compliance with this section within one year of initial inspection. The surcharge shall be added every month and levied monthly on properties not complying with this section. All properties found during re-inspection to have violated this section will be subject to the $25 per monthly penalty for all months between the two most recent inspections.
(Adopted 6-28-1994; amended 12-6-1994)