(a) For the purpose of this section, the following definitions shall have the following meaning:
(1) "Normal sewage" means sewage which when analyzed shows by weight a daily average of not more than 2,500 pounds (300 parts per million) of suspended solids; not more than 2,000 pounds (240 parts per million) of B.O.D.; and not more than 417 pounds (50 parts per million) either soluble matter (grease and oil), each per million gallons of sewage if the same constitutes "pollution" as defined in West Virginia Code 20-5A-2.
(2) "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
(3) "B.O.D." (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure in five days at twenty degrees Centigrade (sixty-eight degrees Fahrenheit) expressed in parts per million by weight.
(b) The Division of Water Pollution Control shall make and enforce rules and regulations establishing the types and characteristics of sewage, industrial wastes and other matter which shall be and that which shall not be discharged into the sewer system and may be diverted or which now is or hereafter will be permitted by the State Water Resources Board to be discharged directly into the Ohio River or any contributory stream thereof, and the types and characteristics of sewage and industrial wastes admissible to the sewer system only after pretreatment; and otherwise governing the discharge or nondischarge of sewage, industrial wastes and other matter into the sewer system in the interest of the safe and efficient operation of the system; and shall establish rules and regulations for the use and operation of the works, and of other sewers and drains connected therewith so far as they may affect the operation of such works, and do all things necessary or expedient for the successful operation thereof.
(c) There is charged to each lot, parcel of land, building or premises discharging sewage, industrial wastes, water or other liquid other than normal sewage into the sewer system the charge established herein. The basis of such rate shall be determined on the constituents of the water or wastes, according to the treatment required as determined by the State Water Resources Board.
(d) In cases where the character of sewage or industrial wastes discharged from any building or premises is such that it imposes an additional burden upon the sewer system or sewage disposal facilities above that imposed by the normal sewage entering the sewer system or sewage disposal facilities, such additional cost necessitated thereby shall be an additional charge over the rates hereinabove set forth, and such additional charge shall be determined by the Division with the recommendation of the firm of engineers or engineer retained by the Division in connection with the sewer system in a consulting capacity, hereinafter referred to as the Consulting Engineers. The Division may, if it deems advisable, compel the owner of such building or permises to treat such sewage or industrial waste in such manner as shall be satisfactory to the Consulting Engineer before it is discharged into the sewer system. The Division shall at all reasonable times have the right to enter upon the premises connected to the sewer system for the purpose of making tests of the quantity and quality of the sewage and industrial wastes discharged from such property into the sewer system. The owner of such property shall, at his own cost and expense, install approved facilities for obtaining samples of such sewage or industrial waste. The Division shall have the right to refuse any person the right to connect to the sewer system, if in the opinion of the Consulting Engineer the sewage or industrial waste to be discharged into the sewer system is detrimental to the health, safety or welfare of the City, or it may elect to exclude any such sewage or industrial waste from its facilities.
(e) The Division is empowered and directed to establish in its rules and regulations, or otherwise, methods of determining or measuring the loss of water through conversion into steam or by evaporation or otherwise by any class of users so as to fairly establish the difference between the water received and discharged after steam, evaporation, or other loss by the user and to adjust the charges of the user accordingly for the use of the sewer system.
(f) In cases where the character of the wastes or other substances does not contaminate or alter the physical, chemical or biological properties of the waters of the Ohio River or any streams contributory thereto to such an extent as to render such waters directly or indirectly detrimental to the public health or unreasonably and adversely affect such waters for present or future domestic, commercial, industrial, agricultural, recreational or other legitimate uses or is beneficial to such waters, such sewage or waste or other substances may be diverted from such sewer system and permitted to enter the Ohio River or any stream contributory thereto as may be now or hereafter permitted by the State Water Resources Board notwithstanding anything to the contrary herein contained.
(Ord. 2153. Passed 5-25-54.)
(Ord. 2153. Passed 5-25-54.)