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Wayne Overview
Wayne, Michigan Code of Ordinances
WAYNE, MICHIGAN CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE TWO - Street and Sidewalk Areas
TITLE FOUR - Utilities
CHAPTER 1040 Water and Sewers
1040.01 DEFINITIONS.
1040.02 ENFORCEMENT.
1040.03 DRAWINGS, PLANS AND SPECIFICATIONS FOR WATER AND SEWER LINES; RESPONSIBILITIES OF ENGINEER AND WATER AND SEWER DEPARTMENT.
1040.04 SALE, LEASE OR USE OF FACILITIES; COMPLIANCE WITH CHAPTER REQUIRED.
1040.05 SEWER CONNECTION REQUIRED.
1040.06 DUMPING AND DISPOSING OF SEWAGE.
1040.07 DISCHARGE OF SURFACE DRAINAGE TO SANITARY SEWERS.
1040.08 INSPECTIONS.
1040.09 DISCHARGE OF HARMFUL MATTER INTO SEWERS; REMEDY OF CITY.
1040.10 CONTRACT BETWEEN CITY AND USERS. (REPEALED)
1040.11 TRANSFERS OF COMMON-SERVICE PREMISES; SEPARATE OWNERSHIP REQUIRED.
1040.12 PRIVATE SALES PROHIBITED.
1040.13 INJURING OR OBSTRUCTING FACILITIES.
1040.14 PRIVIES.
1040.15 TEMPORARY SERVICE.
1040.16 LIABILITY OF CITY.
1040.17 SALE OF ASSETS.
1040.18 SALES OUTSIDE CITY.
1040.19 NON-USE OF FACILITIES DUE TO CHANGE OF OWNERSHIP OR OCCUPANCY; NOTICE TO CITY REQUIRED.
1040.20 DISCONNECTION AND FINAL READINGS; NEW CUSTOMERS.
1040.21 VIOLATIONS; DISCONNECTION OF SERVICE. (REPEALED)
1040.22 WASTE PROHIBITED; LEAKS; OPERATION OF SHUT-OFF COCKS.
1040.23 FIRE HYDRANTS.
1040.24 EMERGENCY RESTRICTIONS.
1040.25 PERMITS AND CONNECTIONS.
1040.26 METERS.
1040.27 CROSS-CONNECTION RULES.
1040.28 PRIVATE FIRE SERVICE PROTECTION.
1040.29 WATER AND SEWAGE DISPOSAL RATES AND CHARGES.
1040.30 DELINQUENCY; COLLECTIONS; DISCONTINUANCE OF SERVICE.
1040.31 DELINQUENCY; SURCHARGES.
1040.32 OFFENSIVE SEWAGE; ADDITIONAL CHARGES, PRETREATMENT OR REFUSAL.
1040.33 COMMERCIAL AND INDUSTRIAL WASTE POLLUTANT STRENGTH SURCHARGE.
1040.34 COUNTY STANDARDS AND REGULATIONS.
1040.35 FREE SERVICE.
1040.36 PURPOSES OF RATES AND CHARGES; REVISION. (REPEALED)
1040.37 OPERATING YEAR.
1040.38 USE OF MONEYS; FUNDS.
1040.39 TRANSFER OF MONEYS; INVESTMENTS.
1040.45 STORMWATER MANAGEMENT.
1040.50 SHORT TITLE.
1040.51 STATEMENT OF PURPOSE.
1040.52 DEFINITIONS.
1040.53 APPLICABILITY.
1040.54 ENFORCEMENT, RESPONSIBILITY FOR ADMINISTRATION.
1040.55 MINIMUM STANDARDS.
1040.56 DISCHARGE PROHIBITIONS.
1040.57 RIGHT OF ENTRY.
1040.58 SUSPENSION OF STORM SEWER SYSTEM ACCESS.
1040.59 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
1040.60 REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
1040.61 WATERCOURSE PROTECTION.
1040.62 NOTIFICATION OF SPILLS.
1040.63 ENFORCEMENT.
1040.64 APPEAL OF NOTICE OF VIOLATION.
1040.65 ENFORCEMENT MEASURES AFTER APPEAL.
1040.66 COST OF THE ABATEMENT OF THE VIOLATION.
1040.67 INJUNCTIVE RELIEF.
1040.68 VIOLATIONS DEEMED A PUBLIC NUISANCE.
1040.69 CRIMINAL PROSECUTION.
1040.70 REMEDIES NOT EXCLUSIVE.
1040.97 SEVERABILITY.
1040.98 CHAPTER A CONTRACT; VIOLATIONS AS BREACH; TERMINATION AND REINSTITUTION OF SERVICE; REMOVAL OF CURB BOX.
1040.99 PENALTY.
CHAPTER 1042 Industrial Wastewater Control
APPENDIX A NATIONAL CATEGORICAL PRETREATMENT STANDARDS
APPENDIX B SPECIFIC PHENOLIC COMPOUND LIMITS
APPENDIX C INTERIM DISCHARGE LIMITATIONS
CHAPTER 1044 Regulations for Fire Hydrants on Private Property
CHAPTER 1046 Electricity
CHAPTER 1048 Gas
CHAPTER 1050 Post-Construction Stormwater Management
TITLE SIX - Other Public Services
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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1040.26 METERS.
   (a)   New Construction or Installations. On all new construction or new installations, provision shall be made by the property owner, builder or plumbing contractor for outside register meters to be furnished by the City of such size as may be determined by the Department of Engineering and Building in accordance with the Plumbing Code of the City.
(Ord. 7-A-4. Passed 10-17-67.)
   (b)   Provision of Meters; Ownership. All water meters shall be provided by the City and one meter shall be provided for each tap to the City water line, on payment of charges as provided by Council, but all such meters shall remain the property of the Department of Water and Sewers and shall at all times be under its control.
   (c)   Location of Meters. All meters shall be set in an accessible location approved by and in a manner satisfactory to the Superintendent of the Department.
(Ord. 5. Passed 6-17-52.)
   (d)   Outside Meters. The installation of a meter in a meter pit is prohibited. Maintenance of existing meter pits shall be the responsibility of the property owner, which maintenance shall be performed in compliance with standards promulgated by the Superintendent.
(Ord. 1990-01. Passed 1-2-90.)
   (e)   Cost of Meter Pit. Subsection (e) was repealed by Ordinance 1990-01, passed January 2, 1990.)
   (f)   Meters to be Sealed. All meters and remote registers shall be sealed by the Department and no person except an authorized employee of the Department may break such seals. Penalty for the unauthorized breaking of the seal is set forth in Section 1040.98.
(Ord. 1990-01. Passed 1-2-90.)
   (g)   Maintenance of Meters. The expense of maintaining meters shall be borne by the Department, except that in cases where replacements, resealing, repairs and adjustments of a meter are made necessary by the act, negligence or carelessness of a customer, the expense to the Department caused thereby shall be charged and collected from the customer in the same manner as other charges provided in this chapter.
   (h)   Responsibility for Meters. The customer on whose premises a meter is installed shall be responsible for its care and protection from freezing, or from injury or interference by any person.
   (i)   Notice of Injury or Imperfection. In case of injury to a meter, or in case of its stoppage or imperfect operation, or the breaking of a seal, the customer shall give immediate notice to the Department.
   (j)   Change in Location of Meter. After a meter has been once installed, its location shall not be changed except by permit from the Department, in which event the cost thereof shall be borne by the customer.
   (k)   Reading of Meters. All meters required under this chapter shall be read by the Department at intervals designated by the Superintendent and bills to customers will be rendered in accordance with such readings and charges as provided in this chapter.
(Ord. 5. Passed 6-17-52.)
   (l)   Meter Failures. If any meter becomes faulty or fails to register, the customer will be charged at the average quarterly consumption rate as shown by the meter reading for the last four billings to such customer when the meter was accurately registering, provided that the customer has been using water for such period. Otherwise, such billing shall be based on the estimate made by the Department of Water and Sewers and adjusted when a full year's experience is had.
(Ord. 7-A-4. Passed 10-17-67.)
   (m)   Inaccessible Meters. In cases where the meter reader is unable to gain access to read a meter, a billing shall be made on the basis of consumption for the average of the last four billings to such customer and adjusted upon the billing made for the next time a reading is obtained. If more than two consecutive billings lapse without a reading, the Department shall notify the customer as to the date and time when a representative will be present to read the meter. If permanent arrangements, satisfactory to the Department, to read such meter are not made, the service shall be discontinued in the same manner as provided for nonpayment of bills.
(Ord. 1990-01. Passed 1-2-90.)
   (n)   Testing of Meters. All meters shall be carefully tested before they are installed and after their installation they shall be tested as frequently as the Department deems it advisable. The Department reserves the right to remove and test a meter at any time and to substitute meters either temporarily or permanently if it deems it to be advisable.
(Ord. 5. Passed 6-17-52.)
   (o)   Testing at Customer's Request. Should a customer, at any time, question the accuracy of a meter on his or her premises, the Department shall, upon the customer's written request, remove and test such meter. If the test shows that the meter has been over-registering more than two percent, an accurate meter shall be installed. Otherwise, the customer will be billed a service charge as provided for in Section 210.13(a) to cover the cost of testing meters up to two inches; for meters over two inches the actual cost of testing will be charged.
(Ord. 1990-01. Passed 1-2-90.)
   (p)   Bill Adjustments. If, at any time, upon the testing of a meter, it is found that such meter is over-registering or under-registering by more than two percent, an adjustment in billing shall be made in accordance with the provisions of this chapter for billing in the event of meter failures.
(Ord. 5. Passed 6-17-52.)
1040.27 CROSS-CONNECTION RULES.
   (a)   There is hereby adopted, by reference, the Water Supply Cross Connection Rules of the Michigan Department of Public Health, being Sections R325.431 to R325.440 of the Michigan Administrative Code.
   (b)   It shall be the duty of the City to cause inspections to be made of all properties served by the public water supply where cross-connections with the public water supply are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the City and as approved by the Michigan Department of Public Health.
(Ord. 54. Passed 10-21-80.)
   (c)   The Building Official, or his or her designee, shall have the right to enter, at any reasonable time, any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping system or systems thereof for cross-connections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of access, when requested, shall be deemed evidence of the presence of cross-connections.
(Ord. 1990-01. Passed 1-2-90.)
   (d)   The Department of Water and Sewers is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this chapter exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until all cross-connections have been eliminated in compliance with this chapter.
   (e)   The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this chapter and by the State and City Plumbing Codes. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:
____________________
WATER UNSAFE FOR
DRINKING
____________________
   (f)   This section shall not be construed as superseding the State and City Plumbing Codes but as being supplementary to them.
   (g)   For the purpose of this section, a cross-connection is defined as a connection or arrangement of piping or appurtenances through which water of questionable quality, wastes or other contaminants are able to enter the public water supply system.
(Ord. 54. Passed 10-21-80.)
1040.28 PRIVATE FIRE SERVICE PROTECTION.
   (a)   Scope. Whenever the City provides private fire protection, any installation pertaining to the same shall be made and controlled under the provisions of this section.
(Ord. 5. Passed 6-17-52.)
   (b)   Installation and Specifications. All private fire service installations shall be made in accordance with specifications, rules and regulations as may be prescribed by the Department and in accordance with Chapter 1610 of these Codified Ordinances. Such installations shall be subject to the approval of the Building Official.
(Ord. 1990-01. Passed 1-2-90.)
   (c)   Use of Installations. No private fire service shall be used for any other purpose than the extinguishment of fires, or be connected in any manner with any tap that may be used for other than fire purposes.
(Ord. 5. Passed 6-17-52.)
   (d)   Limitations on Connections. Because of the danger of pollution, no fire service shall have any connection with any other source of supply unless check valves are installed and approved as being adequate to prevent unsafe water from running back into City mains. Such inspection and approval shall be by the Superintendent or such other agency of competent jurisdiction as he or she may designate.
(Ord. 1990-01. Passed 1-2-90.)
   (e)   Testing of Facilities. Whenever a customer desires to test any private fire service facility, he or she shall contact the Department which shall furnish a representative to witness such test and no such test shall be made without such representative being present.
   (f)   Check Valve and Meter. The Department may, at any time, instruct a customer to install a weighted check valve in a private fire service line, which valve and the installation thereof shall be approved by the Department and shall be fitted with a by-pass on which shall be set a meter, the purpose of which shall be to indicate whether or not water is being used through this connection and also to show any leakage in the private lines.
   (g)   Seals. All valves or connections on private fire lines shall be sealed by the Department. Whenever any of such seals are broken, the customer shall immediately notify the Department. A representative of the Department shall forthwith reseal any of such valves or connections and the cost thereof shall be charged to the customer and added to his or her next water bill.
(Ord. 5. Passed 6-17-52.)
1040.29 WATER AND SEWAGE DISPOSAL RATES AND CHARGES.
   (a)   Rates and charges for the use of the water and wastewater system of the City shall be based upon the user charge system methodology which complies with applicable Federal and State regulations and which, from time to time, shall be approved by Council. Revisions to the rates for water and sewer service charges are to be established by resolution of Council, which shall be enacted apart from the published ordinances as necessary to ensure sufficiency of revenues in meeting operation, maintenance and replacement costs, as well as debt service.
(Ord. 1992-32. Passed 11-2-92.)
   The purpose of the water and sewer charges established by the Council is to provide for the payments heretofore noted for the purposes of preserving and maintaining said system in good repair and in working order and further to provide for the payment of interest upon and the principal upon all bonds which may become due and payable.
   Said rating structure may further be used for the creation of a reserve which may be required by other provisions of this chapter or other regulatory agents and further to provide for the funds necessary for the expenditures as may be otherwise required of the City in this chapter or by other regulatory agencies.
   The City shall, not less than annually, review and revise, if necessary, such rates as may be necessary to produce sufficient funds to provide for the foregoing expenditures as may be determined in an annual audit.
   (b)   The City shall bill and collect from all users, as defined in this chapter, not less than quarterly, the sums of money necessary to pay for those expenditures alluded to in this chapter.
   (c)   All users, as defined in this chapter, of the City's water and/or sewer system shall receive an annual notification either printed on the bill or enclosed in a separate envelope which will show the breakdown of the sewer service charge into its components for the following:
      (1)   Administration;
      (2)   Operation, maintenance and replacement; and
      (3)   The debt service charge.
   (d)   Other charges and fees in connection with the water and sewer system shall be as provided in Chapter 210 of the Administration Code.
(Ord. 1992-10. Passed 1-21-92.)
1040.30 DELINQUENCY; COLLECTIONS; DISCONTINUANCE OF SERVICE.
   The charges for water and sewer services which are, under the provisions of Section 21 of Act 94 of the Public Acts of 1933, as amended, made a lien on all premises served thereby, unless notice is given that a tenant is responsible, are hereby recognized to constitute such lien, and whenever any such charge against any piece of property shall be delinquent for six months, the City official or officials in charge of the collection thereof shall certify annually, as to each such delinquent account, to the tax assessing officer of the City, the fact of such delinquency, whereupon such charge, together with a delinquency charge of twenty-five percent, shall be by such tax assessing officer entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general City taxes against such premises are collected and the lien thereof enforced. At the time of such certification, notice shall be given to the person responsible for such delinquent account of the fact of the certification and of the delinquency charge. Where notice is given that a tenant is responsible for water and sewer charges and services as provided by said Section 21 of Act 94, no further service shall be rendered to such premises until a cash deposit of not less than a sum equal to the estimated billing for such premises for two billing periods shall have been made as security for payment of such charges and services.
   In addition to other remedies provided, the City shall have the right to shut off and discontinue the supply of water to any premises for the nonpayment of water or sewer rates when due. If such charges are not paid within thirty days after the due date thereof, then water service to such premises shall be discontinued. Water service so discontinued shall not be restored until all sums then due and owing shall be paid.
(Ord. 7-A-25. Passed 9-20-83.)
1040.31 DELINQUENCY; SURCHARGES.
   All bills and charges provided by Council shall be payable to the City Treasurer on or before the due date established. Failure of payment as required shall result in such account being classified as delinquent and ten percent of the amount due shall immediately be added thereto and thereafter the account shall be governed by the provisions of this chapter governing delinquent accounts. An additional one-half percent of the total unpaid delinquent balance, including penalty amounts, shall be added for every month the account remains delinquent.
(Ord. 7-A-22. Passed 6-1-82.)
1040.32 OFFENSIVE SEWAGE; ADDITIONAL CHARGES, PRETREATMENT OR REFUSAL.
   If the character of sewage from any manufacturing or industrial plant or any other building or premises is such as to impose an unreasonable additional burden upon the Municipal sewerage system, then an additional charge may be made over and above the regular rates, or it may be required that such sewage be treated by the person responsible therefor before being emptied into the sewer, or the right to empty such sewage may be denied if necessary for the protection of the sewers and the sewage disposal facilities of the system or the public health or safety.
(Ord. 7. Passed 4-9-63.)
1040.33 COMMERCIAL AND INDUSTRIAL WASTE POLLUTANT STRENGTH SURCHARGE.
   (a)   This section is adopted to comply with applicable Federal law and regulations and the requirements of the settlement agreement in United States of America vs City of Detroit, et al., Civil Action No. 771100, United States District Court, Eastern District of Michigan, Southern Division, and, further, to require users of the public wastewater system to pay a surcharge that reflects the commercial and industrial users equitable share of the cost of wastewater treatment in excess of the strength of domestic sewage, and, further, has as its purpose the protection of public health and safety. Because of the widely varying quality characteristics of the sewage discharged by different users of the public sewer and the publicly owned treatment works, it is the objective of this section, further, to impose sewage charges that reflect the cost of treating sewage strength factors as well as sewage volume. These charges to commercial and industrial users will be in the form of a payment called a surcharge and will reflect industries' equitable costs of wastewater treatment in excess of the strength of domestic sewage. Sewage charges will be based on a volume rate and the surcharge will be based on volume of discharge and the strength of BOD, suspended solids and phosphorus or other pollutants present in the wastewater. If other pollutants are required to be surcharged under this chapter, under authorized variances or by special arrangement with the owner of the publicly owned treatment works, the rules and regulations adopted herein will apply, such rules and regulations being on file with the City Clerk.
   (b)   As used in this section, unless the context specifically indicates otherwise:
      (1)   "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at twenty degrees Centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/l)), as measured by standard methods.
      (2)   "Commercial user" means a user whose premises are privately owned and used to perform and/or sell services nd/or products for profit (e.g. retail and wholesale stores, restaurants, motels, gasoline stations) and discharge primarily domestic sewage.
      (3)   "Governmental user" means a user whose premises are publicly-owned facilities performing governmental functions (e.g. government office buildings, post offices, libraries, schools) and discharge only domestic sewage.
      (4)   "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, into the public waste treatment system.
      (5)   "Industrial user" means a user whose premises are privately owned and are used for manufacturing a product from raw or purchased material and which discharge wastewater used in any way in the manufacturing process in addition to domestic sewage.
      (6)   "Industrial waste" means any liquid, solid or gaseous waste or form of energy, or combination thereof, resulting from any process of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
      (7)   "Institutional user" means a user whose premises are owned by a non-profit organization pursuant to Section 501 of the Internal Revenue Code of 1986, as amended (e.g. churches and hospitals) and discharge primarily domestic sewage.
      (8)   "P" means phosphorus in the waste expressed in terms of milligrams per liter.
      (9)   "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, Municipal and agricultural waste discharged into water.
      (10)   "Public sewer" means a common sewer controlled by a governmental agency or public utility.
      (11)   "Residential user" means a user whose premises are domiciles for single or multiple- family use and discharge only domestic sewage.
      (12)   "Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering as measured according to standard methods.
      (13)   "User charge" means a charge based on units levied on a user of the system for the user's proportionate share of the cost of operation and maintenance (including replacement) of the system.
      (14)   "User surcharge" means a charge imposed on a user of the system who discharge sewage or wastes in excess of normal strength.
      (15)   "Wastewater" or "sewage" means spent water which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions or other land uses, including drainage water inadvertently present in such waste.
      (16)   "Wastewater system" or "sewer system" means any part or all of the property, structures, equipment, sewers, materials and/or appurtenances used in conjunction with the collection and disposal of wastewater, including the publicly owned treatment work (POTW).
   (c)   The Schedule of Industrial Waste Pollutant Strength Surcharges is hereby adopted and made effective for users of the wastewater system of the City. Such surcharges shall be computed as follows:
COMPUTATION OF INDUSTRIAL WASTE
POLLUTANT STRENGTH SURCHARGE
The industrial waste pollutant strength surcharge shall be computed in accordance with the following formula:
   SC=0.0624 V [a (BOD-275) + b (TSS-350) + c (P-12)]
WHERE:
SC   =   Pollutant strength surcharge fee in dollars for the billing period.
V   =   Volume of waste discharged in the billing period in Mcf (1,000 cubic feet).
"BOD"   =    Five-day biochemical oxygen demand of the waste expressed in milligrams per liter.
"TSS"   =    Total suspended solids in the waste expressed in milligrams per liter.
"P"   =   Phosphorus in the waste expressed in milligrams per liter.
a,b,c   =   Surcharge rates, $/pound for treating BOD, TSS and P, respectively.
0.0624 =   Factor which converts Mcf to MM lbs.
         a   =   $   0.082/pound
         b   =      0.083/pound
         c   =      1.321/pound
For purposes of surcharge computation, the values of pollutant strength shall not be less than the allowable values. The allowable values are:
               BOD - 275
               TSS - 350
               P - 12
The total sewerage charge for a particular industry would be the sum of the base flow charge and the surcharge would be calculated from the following formula:
         UC = V (R) + SC
WHERE:
UC   =         Total sewerage charge for the billing period in dollars.
V   =         Volume of waste discharged in billing period of Mcf.
R   =         Basic flow sewage rate as provided from time to time by Council.
SC   =         Surcharge in dollars as computed above.
(Ord. 1992-10. Passed 1-21-92.)
1040.34 COUNTY STANDARDS AND REGULATIONS.
   In accordance with the basic service agreement between the City, the County and the County Board of Public Works, or other properly designated agent of the County named pursuant to Act 342 of the Public Acts of 1939, as amended, and Act 185 of the Public Acts of 1957, as amended, any person discharging wastewater into the publicly owned sewer system shall comply with the standards, rules and regulations controlling the quality or quantity of discharge of wastewater into such system, as the same are established from time to time by the County and/or its designated agent.
(Ord. 7-A-20. Passed 2-17-81.)
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