2018-07ORDINANCE NO.2018-07
AN ORDINANCE AMENDING AND REENACTING CHAPTER 102 OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA, RELATING TO LTTILITIES.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter
102 of the Code of the City of Fairfax, Virginia, be and the same is hereby amended and
reenacted to read in its entirety as follows:
"Chapter 102 — UTILITIES
ARTICLE I. - IN GENERAL
Sec. 102-1. - Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Commercial consumer means any water consumer not a residential consumer.
Occupancy unit means any room or suite of rooms typically rented as a unit containing
overnight sleeping accommodations which are separate from any other such room or suite of
rooms within the same hotel, motel, or roominghouse.
Person shall mean any person,firm, 12artnershiR. association con2oration, company. or
organization of any kind.
Residential consumer means any water consumer using water on property devoted exclusively
to use as a cooperative, condominium or single-family residence. Cooperative residences are
those in which each resident has an interest in the entity owning the entire property and, by
virtue of such interest, a right to occupy one or more of the dwelling units on the property.
Condominium residences are those in which each dwelling unit owner owns such unit in fee
simple and retains an undivided interest in the common areas. Permissible home occupations
shall not convert a residential consumer to a commercial consumer.
Water shall mean water taken from any public water supply or distribution system within the
boundaries of the city.
Secs. 102-2-102-301. - Reserved.
ARTICLE II. - FEES AND CHARGES
Sec. 102-32-1. — Water -and Wastewater service rates.
The rate for wastewater service furnished by the city shall be as follows:
(a) Residential consumers. For the first 5,000 gallons or less per quarter $43.00 and per 1,000
gallons for all water in excess of 5,000 gallons $8.22.
(b) Commercial consumers. For the first 5,000 gallons or less per month $50.59 and per 1,000
gallons for all water in excess of 5,000 gallons $8.22.
(c) Apartment buildings. Apartment buildings will be billed at a minimum sewer rate of
$33.54 per dwelling unit per month.
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Sec. 102-33. — Sanitary sewer connection fees, frontage char; -es and wastewater lateral repair
and replacement charges.
Except as provided herein, the sanitary sewer availability fees and frontage charges shall be
as set forth in the schedule of rates and levies adopted annually by the city council. Copies
i of this schedule shall be kept on file in the office of the city treasurer. Where fees are based
on the number of "fixture units," the number of fixture units shall be as set forth in the
nlumbine code referenced by the current edition of the Virginia Uniform Statewide Building
Code.
Multiuse premises shall be charged based on the various types of use or on the principal use
whichever results in the higher charge.
Unless otherwise stated, the type of premises and units of measurement [occupancy unit] shall
be as defined in chapter 102 [section 102-1 ]. " means any r-eefn e
�oe.Availability charge.
EeaneefieNotwithstanding the foregoing, Availability charges for sanitary sewer seFvin
in special cases shall be as
determined by the city manager or his designee, shall be detefmined en an individea s. In
such special cases, Aareas of consideration in calculating the availability charge shall include,
but are not limited to, typical consumption; strength of the wastewater; comparable use data;
principal uses; and number and type of fixture units to be served. Apartments and
condominium apartments shall be 80 percent of the single-family availability charge per
dwelling unit. Hotel, motel, and roominghouses shall be 25 percent of the single-family
availability charge per occupancy unit.
Where an existing single-family home is converted to sanitary sewer from a private septic
system, the availability charge will be 50% of the standard single-family availability fee for
sanitary sewer.
Where plumbing fixtures discharging to the saniLaa sewer are added to existing occul2ancies
other than single family dwellings, townhouses, apartments. residential condominiums, hotels,
motels and rooming houses, the fee for the added fixtures shall be charged at the rate for
additional fixtures in the Schedule of Rates and Levies. The number of fixture units shall be
based on the edition of the plumbing code as referenced by the Virginia Uniform Statewide
Building Code.
All ,.then uses shall be Q"7 n'72 nn f r the first 20-fixti,,.., , ,,.:+5; as .leter... ine'1 by the
$298 nn f - e eh fbaffe unit ever 20
The city manager or his designees reserves the right to determine, on an annual basis, the
maximum daily quantity of sewage when compared to the usage determined when the
availability charge was calculated. Usage in excess of the charge of the availability charge
shall require an increase in the availability charge and at the rates at the time of the
.reconciliation of the availability charge.
(2) Frontage charge.
Other.. Per- linee& feet ef&eR4aeg. $6.00 with a miftimum fteMage ehafee e &_V�
He InfflEiffmat.
The city manager or his designee shall reasonably determine the type of premises and
frontage charges for all premises when the premises does not fall under any of the listed types.
Unless otherwise stated, the type of premises and units of measurement shall be as defined in
chapter 110 of this Code. The term "occupancy unit" means any room or suite of rooms
typically rented as a unit containing overnight sleeping accommodations which are separate
from any other such room or suite of rooms within the same hotel, motel or roominghouse.
Where an existing single-family home is converted to sanitga sewer from a private septic
system, the frontage charge accordance with the schedule of rates and levies shall be waived.
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TABLE DT L' TABLE tt . TABLE UT E OF FIXTURE E UNITS FORFIXTURES ES NOT i iST-E I IN i
A! •LL a
Size :..... e Units
(3) Wastewater lateral repair and replacement charge.
Type of Premises I Measure
a. Single-family dwellings, whether
detached, semidetached, duplex or Dwelling unit
townhouse
b. Apartments and condominium apartments I Connection
c. Hotels, motels and roominghouses
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d. Commercial or industrial uses and all
other uses except those premises specifically
set forth above
Connection
Amount
$4.50 per unit per quarter
$3.00 per connection per
month
$3.00 per connection per
month
Connection I $3.00 per connection per
month
Income from the Wastewater lateral repair and replacement charge will be escrowed in a
separate account and used solely for eligible reimbursements for wastewater lateral repairs
and replacements managed and paid by the customer and for administrative and other direct
services provided by the Utility exclusively for wastewater lateral repairs and replacements.
Eligibility is based on demonstrated need and meeting program requirements to include
substantiation of reasonable costs and City approved installations meeting City Plumbing
Code requirements. Eligibility excludes root infestation, blockage removal and owner's abuse
or fault.
Reimbursement shall be based on (1) 75 percent of actual payments made by the customer up
to a maximum of $5,000 for replacements from the dwelling or business unit entirely to the
main; (2) 25 percent of actual payments made by the customer up to a maximum of $2,500 for
repairs or replacements only within the Right -of -Way; and (3) 25 percent of actual payments
made by the customer up to a maximum of $2,500 for repairs or replacements only within the
private property and only for the entire length. Repairs within the private property are not
eligible. Reimbursement for replacement of laterals shall be a one-time obligation of the
Utility. Repairs within the Right -of -Way are eligible for more than one repair when no fault
of the customer.
Sec. 102-34. - Miscellaneous charges and deposits.
(a) Water seFviee ehafge. A seFviee ehwge of $3 5. 00 shall be paid by er- ell behalf ef e
(a) (b) Late payment charge. In the event any utility bill is not paid in full within 25 days of
the bill date stated therein, a late charge in the amount of five percent of the outstanding
balance of such bill will be added thereto.
W {e}Payments after termination of service. In the event any utility bill is not paid in full
within 45 days of the bill date stated therein, including payment of any late charges imposed
pursuant to subsection (b), water service to the customer will be terminated. Water service
will not be restored until payment is made in full of any outstanding utility bills, including late
charges, and the service charge imposed pursuant to subsection (a) of this section.
I(d) Water. serviee deposit Residential eustemeFs. A walef sefyiee depe sit of$ 4 0. 00 must be
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Sec. 102-35. - Billings.
All billings for Wed sewer service shall be made quarterly, except those commercial
consumers, who shall be billed monthly.
Secs. 102-36-102-095. - Reserved.
ARTICLE TTT U1 A TER
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See. 102 80. i ifnitimien f liability by pity.
The eity eetmeil, by hefein authefizing fluer-idalien ef the Geese Greek water- supply system,
e3epressly deele&es that it ift ne way assumes any liability fer-, er- en aeeeufA efi, any damage e
red by any user- of wa4ef se 4rea*d.
SAs •'0-2-,5-1:-1-02 95. Reserved::
DIVISION 37 ARTICLE Ill- WATER SUPPLY EMERGENCY
Sec. 102-96. - Purpose.
The purpose of this divisien-article is to provide for the reduction and curtailment of water
usage through voluntary and mandatory restrictions during water supply emergencies.
Sec. 102-97. - Scope.
This article shall gpRly to all customers and users of the public waters stem.
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Sec. 102-98. Declaration of water shortage emergency:
When, based upon information received from the water supply or distribution system
operator and other Rertinent sources the city manager has determined that a potential
emergency due to shortage of water exists and so notifies the city council-, the city council
may find that a water supply emergency exists.
Sec. 102-99. Restriction of water use,
After the citv council has found that a water supply emergency exists and after notice has
been given to the general public, the city manager is authorized to implement this article b
ordering the restricted use or absolute curtailment of the use of water for certain non-
essential pWoses for the duration of the water shortage or for a lesser period, in the stages
set forth below.
In exercising authority granted to him by this article, the city manager shall give due
consideration to al2plying water use restrictions or absolute curtailments only to the users of
those water supply systems, or elements thereof, which are affected by the water shortage
or which can assist the affected systems in mitigating adverse effects of such shortage.,
The Rrovisions of this article shall not gRI21y to any governmental activity, institution
business or indust1y which shall be declared by the city manager to be specifically excel2ted
therefrom as necessga for the public health safety and welfare.
Stage I. Assuming that moderate but limited supplies of water are available, the city
manager is authorized to call on the general population to employ rudent restraint in water
usage, and to conserve water voluntarily by whatever methods are available.
Stage II. Assuming that very limited supplies of water are available, the city manager is
authorized to order restricted use or absolute curtailment of less essential uses of water
including but not limited to one or more of the following:
Watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except from a
waterin can or other container not exceeding three 3gallon capacity.
The washinp,. of automobiles, trucks, trailers, or any other type of mobile equipment,
excepting in facilities operating with a water re -cycling system approved by the city, or
except from a bucket or other container not exceeding three (3) gallon capacity; provided,
however, that an, f�ty operating with_a water re -cycling system must prominently
display in public view a sign stating that such a re -cycling system is in opgration.
The washing of streets, driveways, parking lots, service station aprons, office buildings,
exteriors of homes or apartments, or other outdoor surfaces, except from a bucket or other
container not exceeding_ three (3) gallon capacity_
The operation of any ornamental fountain or other structure making a similar use of water.
The filling of swimming and/or wading pools, or the refilling of swimming and/or wading
pools which were drained after the effective date of the order.
The operation of any industrial or commercial activity or process, including construction
activity, which uses water beyond the sanitary and drinking needs of employees, customers
and visitors.
The _use _of water from fire hydrants for any_purpose other than fire suppression.
The operation of any water-cooled comfort air conditioning which does not have water
conserving equipment in operation.
Staize Ill. Assuminp, that critically limited supl2lies of water are available the city manager
is authorized to restrict use of water to purposes which are absolutely essential to life, health
and safety.
Sec. 102-100. — Penalties:
Any person violating my_provision of this article or any order of the city manager
implementing this article, shall, upon conviction, be deemed guilty of a Class 3
misdemeanor. In addition the city manager may seek sus ension of the water service to an
violator.
Sec. 102-101.- Appeals:
Whenever the city manager shall issue an order directing restriction or curtailment of the
use of water as provided herein, or shall seek suspension of water service as a result of a
violation of provisions of this article, the subject of the order or suspension shall have the
right to appeal the decision of the city manager to the city council. The city council may
anvoint a temporary Board of Appeal consisting of three or more members of the city
council, or other designated parties to act in its vlace on this matter. The city council or
Board of Appeal shall grant an appellant a reasonable opportunity to present in writing, or at
the option of the city council or Board of Appeal in a public meeting, arguments against
such decision of the city manager.
Sec. 102-102. - Termination of emergency:
Based upon receipt of information from water system operators and other pertinent sources,
and -Mon -his determination that sufficient water supplies exist to warrant termination of
emergency restrictions or curtailments on water usage, in whole or in part, the city manager
shall so notify the city council and the general public.
Sec. 102-103. — Severability:
In the event that any provision of this article is declared by a court or competent jurisdiction
to be invalid, such decision shall not affect the remainder hereof.
Secs. 101-4,W 104—102-130. — Reserved.
ARTICLE IV. - WASTEWATER
DIVISION 1. - GENERALLY
Sec. 102-131. - Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used
in this article, shall have the meanings designated in this article.
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water
Act, and any amendments thereto.
Administrator means the administrator of the U.S. Environmental Protection Agency or his
agents or delegates.
Approval authority means the director of the state water control board when the state
pretreatment program is approved; until approval, the administrator of the U.S. Environmental
Protection Agency.
Authorized representative of industrial user means (i) a principal executive officer of at least
the level of vice-president if the industrial user is a corporation; (ii) a general partner of the
proprietor if the industrial user is a partnership or proprietorship, respectively; or (iii) a duly
authorized representative of the individual designated above if such representative is
responsible for the overall operation of the facilities from which the indirect discharge
originates.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure using an incubation period of
five days at 20 degrees Celsius with results expressed in terms of weight and volume
(milligrams per liter (mg/1)).
Building sewer means a sewer conveying wastewater from the premises of a user to the
facilities of the city, to private sewerage systems, to individual sewage disposal systems, or to
other points of disposal.
Categorical standards means national categorical pretreatment standards or pretreatment
standards.
Compatible pollutant means biochemical oxygen demand, suspended solids, phosphorus, pH,
and fecal colifonn bacteria, plus additional pollutants identified in the city's National
Pollutant Discharge Elimination System (NPDES) permit if the city's treatment works were
designed to treat such pollutants, and in fact does remove such pollutants to a substantial
degree.
Construction means any placement or installation of facilities or equipment (including
contractual obligations to purchase such facilities or equipment) at the premises where such
equipment will be used, including preparation work at such premises.
Cooling water means any water discharged from any use such as air conditioning, cooling or
refrigeration, during which the only pollutant added is heat.
Direct discharge means the discharge of treated or untreated wastewater directly to the waters
of the state.
Director-ofutilities-p blic works means the city official directed and authorized by the city
council of the city to maintain and supervise utility operations, or his duly authorized
representative, or such other person authorized by the city council.
Environmental protection agency or EPA means the U.S. Environmental Protection Agency,
or where appropriate, the term may also be used as a designation for the administrator or other
duly authorized official of such agency.
Facilities of the city means any sewer, pipe, manhole, pumping station, force main, or other
appurtenance of the wastewater collection system or treatment works, whether located within
or without the boundaries of the city, which have been, are, or are intended to be installed,
operated or maintained by the city, or in the installation, operation or maintenance of which
the city has participated, is participating, or is intended to participate financially.
Grab sample means an individual sample collected over a period of time not to exceed 15
minutes and without regard to flow in the waste stream.
Holding tank waste means any waste from holding tanks, including vessels, chemical toilets,
campers, trailers, and septic tanks, but excluding toxic and/or hazardous wastes such as
wastes generated as a result of industrial pretreatment.
Incompatible pollutant means any pollutant which is not a compatible pollutant as defined in
this section.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any
nondomestic source, including holding tanks.
Industrial user means a source of indirect discharge or person who contributes, causes or
permits the contribution of industrial wastes into a POTW. The phrase "users of the city
treatment works" includes persons outside the city who by contract or agreement are sources
of indirect discharge to the city treatment works.
Industrial wastes means liquid and liquid -carried wastes resulting from industrial,
manufacturing, trade or business processes, including industrial cooling water and unpolluted
trade or process waste, as distinct from sewage contributed by domestic sources in its entirety.
Interference means an inhibition or disruption of a POTW, its treatment processes or
operations, or its sludge processes, use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of its National Pollutant Discharge
Elimination System permit or to the prevention of sewage sludge use or disposal by the
POTW in accordance with regulatory requirements developed under Section 405 of the Act,
or pursuant to the provisions of the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or any more stringent state or local regulations applicable to the
method of sludge use or disposal employed by the POTW.
Mass emission rate means the weight of material discharged to the city treatment works
during a given time interval. Unless otherwise specified, the mass emission rate shall mean
kilograms per day of a particular constituent or combination of constituents.
National categorical pretreatment standards means any regulation containing pollutant
discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act
which are technologically based and apply to a specific category of industrial users for the
purpose of limiting the discharge of priority pollutants.
National pollutant discharge elimination system (NPDES) means a national permit program
administered by the environmental protection agency under authority granted in the act, and
transferable to the state for all point source direct discharges into navigable waters. The
NPDES permit sets limits and prescribes the conditions of the discharge.
National prohibitive discharge standard or prohibitive discharge standard means any
regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5
applying to all industrial users for the purpose of protecting the facilities and personnel of the
city, safeguarding the public, and preventing interference with the treatment works.
New source means any source the construction of which is commenced after the publication
of proposed regulations prescribing a Section 307(c) categorical pretreatment standard which
will be applicable to such source if such standard is thereafter promulgated within 120 days*
after proposal; a new source means any source the construction of which is commenced after
the date of promulgation of the standard.
*Of proposal in the Federal Register where the standard is promulgated later than 120 days.
Owner means any individual, firm, company, partnership, association, and private, public and
municipal corporation's responsible corporate officer, the United States of America, the
iCommonwealth of Virginia, districts and all political subdivisions, governmental agencies
and mandatories thereof having an interest, whether legal or equitable, solely or only partially,
or his agent, in any premises which are or are about to be served by the facilities of the city.
pH means the logarithm (base 10) of the concentration of hydrogen ions expressed in moles
per liter of solution.
Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural
waste discharged into water.
POTW treatment plant means that portion of the POTW designed to provide treatment to
wastewater. The phrase "county treatment plant" means a POTW treatment plant in which the
city has purchased a capital interest.
Premises means any building, group of buildings, other dwelling units, or land upon which
buildings are to be constructed which are, or are about to be, served by the facilities of the city
and/or metered for water consumption.
Premises having access to the facilities of the city means any premises which abut a highway,
street, alley, public space or private property in which the facilities of the city are located or
any premises which are located not more than 300 feet distant from the facilities of the city
and which can be served by the facilities of the city.
Pretreatment or treatment means the reduction of the amount of pollutants or the alteration of
the nature of pollutant properties in wastewater to a less harmful state prior to discharging
such wastewater into a publicly owned treatment works. The reduction or alteration can be
obtained by physical, chemical or biological means, process changes or other means; except
that it shall be unlawful to increase the use of process water or in any other way attempt to
dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with any applicable federal, state or city maximum concentration limitation for
any wastewater constituent.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment and imposed on an industrial user, other than a national categorical pretreatment
standard.
f Priority pollutants or toxic pollutants means the list of 65 toxic pollutants published by the
EPA pursuant to section 307(a)(1) of the Act. These are substances evidence indicated are
carcinogenic, mutagenic and/or teratogenic, have acute toxic effects on human or aquatic
organisms at sufficiently high concentrations, are persistent in the environment, and/or
bioaccumulate and enter food chains. The administrator may revise this list from time to time.
Priority pollutants are subject to effluent limitations resulting from the application of the best
available technology (BAT) economically achievable.
Publicly owned treatment works (POTW) means any device or system used in the treatment
(including recycling and reclamation) of municipal sewage or industrial wastes of a liquid
nature which is owned by a state or municipality (as defined by section 502(4) of the Act).
This definition includes sewers, pipes or other conveyances only if they convey wastewater to
a facility providing treatment. The phrase "county treatment works" means the publicly
owned treatment works owned by the county in which the city has purchased a capital
interest, including the facilities of the county and county treatment plants. The phrase "city
treatment works" means the publicly owned treatment works owned by the city.
Sanitary sewer means a system which transports wastewater and excludes stormwater, surface
water, and groundwater.
Septic tank truck means any vehicle utilized or dedicated for the conveyance of wastewater,
sludge or other liquid wastes originating from holding tanks (including septic tanks).
Sewerage facilities means any plumbing system, piping system, fixture or other appurtenance
which is designed to carry the normal domestic Iiquid or liquid carried wastes from premises
to a system of sewage disposal.
Significant industrial user means any industrial wastewater contributor that (i) has a discharge
flow of 25,000 gallons or more per average work day (if seasonal, the average shall be
computed on the period of use); (ii) has a flow or pollutant loading greater than five percent of
a POTW treatment plant; (iii) has in its wastes toxic pollutants in amounts as defined in the
standards issued under section 307(a) of the Act; or (iv) is found by the U.S. Environmental
Protection Agency, state water control board or the city to have significant impact, either
singly or in combination with other contributing industries, on the treatment works, the
quality of the sludge, the effluent quality, or air emissions generated by the treatment plant.
Sludge means the solids, residues and precipitate separated from or created in wastewater by
the unit processes of a treatment works.
Slug means any discharge of water, sewage or industrial waste 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 or flows during normal
operation and which adversely affects the treatment works.
Standard industrial classification (SIC) means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended.
Stonnwater means any flow occurring during or following any form of natural precipitation
and resulting therefrom.
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.
Toxic substance means any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the administrator of the environmental protection agency pursuant
to section 307(a) of the Clean Water Act (including the priority pollutants) or other Acts, or
any other substance deemed toxic by the director of ities-public works.
User means any person who contributes, causes or permits the contribution of wastewater into
the city treatment works.
Waste means wastewater and any and all other water substances, liquid, solid, gaseous or
radioactive, associated with human habitation, or of human or animal origin, or from any
producing, manufacturing or processing operation of whatever nature prior to, and for purpose
of, disposal.
Wastewater means the liquid and water -carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and institutions, whether treated or untreated,
which are contributed into or permitted to enter a publicly owned treatment works.
Wastewater constituents and characteristics means the individual chemical, physical,
bacteriological and radiological components, including volume and flow rate and other such
parameters that serve to define, classify or measure the contents, quality, quantity and strength
of wastewater.
Sec. 102-132. - Abbreviations.
The following abbreviations shall have the designated meanings:
Best available technolo .
Biochemical ox en demand.
Code of Federal Re ulations.
Chemical ox en demand.
Environmental rotection a enc .
V
Liter.
Lower ex losive limit.
Milli ams.
Milli ams er Iiter.
National Pollutant Dischar a Elimination S stem.
Operation and maintenance.
POTW
Publicly owned treatment works.
CRA
Resource Conservation and Recovery Act.
IC
Standard industrial classification.
WDA
Solid Waste Disposal Act.
SS
Total suspended solids.
Sec. 102-133. - General discharge prohibitions.
(a) No user shall discharge or cause to be discharged into any portion of the city treatment
works any pollutant or wastewater which will interfere with the operation or performance of a
county treatment plant or have a harmful effect on either personnel or equipment at any point
in the treatment works.
(b) No user shall discharge industrial wastes into the city treatment works until reviewed and
approved by the director of-u6H4ies-R blic works. Such approval may pend review and
acceptance by the director-of-u6h6es-public works of any pretreatment, accidental discharge
prevention, and/or monitoring facilities and procedures he may deem necessary to meet the
objectives of this chapter. Any user required to provide any such facilities may be deemed by
the director ofie�public works a significant industrial user and subject to the
requirements for a wastewater discharge permit.
(c) Except as provided in this section, no user shall discharge any of the following described
waters or wastes into any portion of the city treatment works; these general prohibitions apply
to all users, whether or not the user is subject to national categorical pretreatment standards or
any other federal, state, county or city discharge limitations or requirements:
(1) Substance causing violation of permits. Any substance which will cause a POTW
treatment plant to violate its NPDES and/or state disposal system permit or the receiving
water quality standards.
(2) Substance causing residues unsuitable for reclamation. Any substance which may cause a
POTW treatment plant's effluent or any other product such as residues, sludges or scums, to
be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the treatment works cause a POTW treatment plant to be in
noncompliance with sludge use or disposal criteria, guidelines or regulations developed under
section 405 of the Act or any regulatory requirement affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or state criteria applicable to the sludge management method being used.
(3) Excessive discharge rate. Any pollutants, including oxygen -demanding pollutants,
released at a flow rate and/or pollutant concentration which a user knows or has reason to
know will cause interference to a POTW treatment plant, and including slug discharges.
(4) Corrosive wastes. Any waters or wastes having a pH less than 5.5 or more than 10.0 units,
or having any other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the city treatment works. Prohibited wastes include but are not
limited to acids, sulfides, concentrated chloride and fluoride compounds, and substances
which will react with water to form acidic products.
(5) Explosive mixtures. 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 treatment works or to the
operation of a POTW treatment plant. At no time shall two successive readings on an
explosion hazard meter, at the point of discharge into the treatment works (or at any point in
the system), be more than five percent nor any single reading over ten percent of the lower
explosive limit of the meter. Prohibited materials include but are not limited to gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any other substances which
the city, the state, or the EPA has notified the user is a fire hazard or hazard to the system.
(6) Toxic substances. Any waters or wastes containing toxic substances in sufficient quantity,
either singly or by interaction with other pollutants, to injure or interfere with any treatment
plant process, constitute a hazard to humans or animals, create a toxic effect in the receiving
waters of a POTW treatment plant, or to exceed any limitation set forth in a categorical
pretreatment standard.
(7) Noxious wastes. Any noxious or malodorous liquids, solids or gases which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into a sewer for maintenance, repair or other purposes.
(8) Radioactive wastes. Any radioactive waste isotopes of such half-life or concentration as to
exceed limits established by applicable city, state or federal regulations.
(9) Solid or viscous wastes. Solid or viscous wastes which may cause obstruction to the flow
in a sewer or other interference with the operation of the treatment works. Prohibited
materials include but are 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 fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood,
plastics, tar, asphalt residues from refining or processing of fuel or lubricating oil, mud, or
glass grinding or polishing wastes.
(10) Oil and grease. Any waters or waste which may contain more than 100 parts per million,
by weight, or exceed a daily average of 40 parts per million of fat, oil or grease.
(11) Excessive temperature. Any waters or wastes having a discharge temperature exceeding
105 degrees Fahrenheit (65.5 degrees Celsius), or at the introduction into the treatment plant
exceeding 104 degrees Fahrenheit (40 degrees Celsius), but in no case wastes of sufficient
temperature to inhibit biological activity resulting in interference.
(12) Discolored wastes. Any waste with objectionable color not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning solutions.
(13) Unpolluted water. Any stormwater, surface water, groundwater, roof run-off, or
subsurface drainage.
(14) Dilution water. Any water added for the express purpose of diluting waters or pollutants
which would otherwise exceed applicable federal, state or city maximum concentration
limitations for any wastewater constituent.
Sec. 102-134. - Specific pollutant limitations.
No user shall discharge wastewater containing in excess of the following concentration
limitations:
Maximum for any one
a m l
ikverage of daily values of four consecutive days
of to exceed m l
Arsenic
0.10
.06
Cadmium
1.20
.70
hromium, total
7.00
4.00
opper
4.50
2.70
anide, total
1.90
1.00
ead
0.60
0.40
Mercury
.01
.40
Nickel
4.10
.60
Silver
1.20
.70
inc
4.20
.60
Total metals*
110.50
6.80
Total toxic
organics*
1.00
0.60
* Defined as the sum of copper, nickel, total chromium and zinc.
* * Defined as the sum of all values greater than 0.01 mg/I for any organic priority pollutant.
Sec. 102-135. - Compatible pollutant limitations.
The admission into the city treatment works of any waters or wastes containing any of the
parameters listed below and equaling or exceeding the respective amounts indicated shall be
subject to the review and approval of the director of a public works, and may be subject
i to a surcharge pending a review by the director of dies -public works and such charges
based on any average quarter year.
(1) A discharge flow of 25,000 gallons per day.
(2) A BOD of 225 mgll or a mass discharge of 21.3 kilograms per day.
(3) A suspended solids of 225 mgll or a mass discharge of 21.3 kilograms per day.
(4) A total phosphorus of 15 mg/l or a mass discharge of 1.36 kilograms per day.
(5) A total nitrogen of 50 mgll or a mass discharge of 4.5 kilograms per day.
Sec. 102-136. - National categorical pretreatment standards.
(a) Upon the promulgation of the national categorical pretreatment standards for a particular
industrial subcategory, the federal standard, if more stringent than limitations imposed under
this chapter for sources in that subcategory, shall immediately supersede the limitations
imposed under this chapter. Limits in categorical pretreatment standards shall apply to the
effluent of the process regulated by the standard.
(b) The director of ••.-public works shall notify industrial users of applicable
pretreatment standards. Users shall achieve compliance with all national categorical
pretreatment standards within the time limits as specified by the national pretreatment
regulations.
Sec. 102-137. - State requirements.
State requirements and limitations on discharges shall apply in any case where they are more
stringent than federal requirements and limitations or those in this chapter.
Sec. 102-138. - Special agreements with industrial concerns for treatment of certain industrial
waste.
Nothing contained in this article shall be construed as preventing any special agreement
between the city and an industrial concern whereby an industrial waste of unusual strength or
character may be accepted by the city for treatment, provided that such can be accomplished
without contravention of applicable state and federal laws, regulations, and performance
standards. Such waste shall be subject to payments and conditions stipulated to in the
agreement.
Sec. 102-134. - Septic tank and other holding tank waste disposal.
There shall be no discharge of septic tank contents or portable toilet contents into the city
publicly owned treatment works.
Sec. 102-140. - Disposal of prohibited wastes.
(a) Toxic substances, as designated under this chapter, and hazardous wastes as designated
under the Resource Conservation and Recovery Act must be disposed of in either authorized
hazardous waste management facilities or facilities approved by the state department of
health. Disposal of these wastes shall comply with state regulations for managing hazardous
wastes.
i (b) Any industrial user who generates in excess of 100 kilograms per month of acutely
i hazardous waste or 1,000 kilograms per month of generally hazardous waste, as defined by
the RCRA, shall provide the director ofutilities-public works with a review of their hazardous
waste management program.
(c) Any toxic or hazardous waste to be transported from the city shall be properly packaged
and labeled, manifested and sent to state -approved facilities.
Sec. 102-141. - Pretreatment facilities.
(a) Users shall provide wastewater treatment as necessary to comply with this chapter and
shall provide any required pretreatment facilities, which shall, at the user's expense, be
provided, operated and maintained continuously in satisfactory and effective operation.
Detailed plans showing the pretreatment facilities and operating procedures shall be submitted
to and approved by the director of-e4h4es-public works before commencing construction of
such facilities. The approval of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary to produce an effluent
acceptable to the city under the provisions of this chapter. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported to and be acceptable to the
director oN4K6e&-p1Lblic works prior to the user's initiation of the changes.
(b) Equalization tanks or facilities may be considered adequate pretreatment techniques for
the purpose of protecting against hydraulic surges and slug loadings. Where such use results
in dilution, or other cases where deemed appropriate by the director of u4 ublic works,
the city may regulate the discharge by mass limitation rather than standard concentration. Any
increase in the use of process water or in any other way attempting to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance with applicable
federal, state or city maximum concentration limitations is prohibited.
(c) All records relating to compliance with pretreatment standards shall be made available to
officials of the EPA or approval authority upon request.
Sec. 102-142. - Accidental discharges.
(a) Each user shall provide protection from accidental discharge of prohibited material or
other wastes regulated by this chapter. Facilities to prevent accidental discharge or prohibited
materials shall be provided and maintained at the user's expense. Detailed plans showing
facilities and operating procedures to provide this protection shall be submitted to and
approved by the director of-w6hfies-21blic works before construction of the facility.
(b) In the event of an accidental discharge, it is the responsibility of the user to immediately
telephone and notify the director of-u6htie�,p1blic works of the incident. The notification
shall include location of discharge, type of waste, concentration and volume, and corrective
actions. Within five days following an accidental discharge, the user shall submit to the
director of-ut9kiea-public works a detailed written report describing the cause of the discharge
and the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage or other liability which
may be incurred as a result of damage to the treatment works or any other damage to person
or property; nor shall such notification relieve the user of any fines, civil penalties or other
liability which may be imposed or other applicable law.
Sec. 102-143. - Monitoring facilities.
(a) When required by the director of-e4k4ies-public works, the owner of any property served
by a building sewer carrying industrial wastes shall provide monitoring facilities to allow
inspection, sampling and flow measurements of the wastes. All significant users shall provide
such monitoring facilities. Whether constructed on public or private property, the construction
shall comply with all applicable local city construction standards and specifications.
Construction must be completed within 90 days following written notification by the city.
i (b) When more than one user can discharge into a common building sewer, the director of
des -public works may require installation of a separate monitoring facility for each user.
Also, when in judgment of the director of utiliti,-s-public works there is a significant
difference in wastewater constituents and characteristics produced by different operations of a
single user, the director of utiliti -s-public works may require separate monitoring facilities for
' each regulated process.
(c) Monitoring facilities that are required to be installed shall be constructed, operated and
maintained at the user's expense. If sampling or metering equipment is also required by the
director of utilities -public works, it shall be provided, installed and operated at the user's
expense. The monitoring facility will normally be required to be located on the user's
premises in the building sewer. The city may, however, when, such a location would be
impractical or cause undue hardship on the user, allow the facility to be constructed in the
public street or sidewalk area, with the approval of the public agency having jurisdiction over
that street or sidewalk, and located so that it will not be obstructed by landscaping or parked
vehicles.
(d) If the monitoring facility is inside the user's fence, there shall be accommodations to allow
safe and immediate access for city personnel, such as a gate secured with a city lock. There
shall be ample room in or near such facility to allow accurate sampling and compositing of
samples for analysis. The entire facility and the sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition by and at the expense of the
user.
Sec. 102-144. - Inspection and sampling.
The city may inspect the facilities of any user to ascertain whether the objectives are being
met and all requirements are being complied with. Persons or occupants of premises where
industrial waste is created or discharged shall allow the city or its representative ready access
at all reasonable times to all parts of the premises for the purposes of inspection, sampling,
copying records, or in the performance of related duties. The city shall have the right to set up
in accordance with plans approved by the director of-u6H1ie�public works, on the user's
property, such devices as are necessary to conduct sampling or metering operations. Where
user has security measures in force which would require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements with security
guards so that upon any presentation of suitable identification, personnel from the city will be
permitted to enter without delay for the purposes of performing their specific responsibilities.
Sec. 102-145. - Pretreatment reports.
Within 90 days following the date for final compliance with applicable pretreatment standards
or in the case of a new source following commencement of the introduction of wastewater
into the city treatment works, any user subject to pretreatment standards shall submit to the
director of}es-public works a report indicating, for each process regulated by such
pretreatment standards, the nature and concentration of all pollutants in the discharge from the
regulated process and the average and maximum daily flow for these process units. The report
shall state whether the applicable pretreatment standards are being met on a consistent basis
and, if not, what additional operation and maintenance and/or pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards. This statement
shall be signed by an authorized representative of the industrial user and certified to by a
qualified professional.
Sec. 102-146. - Periodic compliance reports.
(a) Any user subject to a pretreatment standard, after the compliance date of such
pretreatment standard, or, in the case of a new source, after commencement of the discharge
into the city treatment works, shall submit to the director of uses -public works, during the
months of June and December, a report indicating the nature and concentration of the
pollutants in the effluent which are limited by such pretreatment standards, a record of
measured or estimated average and maximum daily flows of regulated process streams and
other streams, any unusual or excessive flows, and any other information required
periodically by pretreatment regulations.
(b) Where regulation is by mass limitation the report required by subsection (a) of this section
shall indicate the mass emission rate of pollutants regulated by pretreatment standards in the
effluent of the user.
(c) These reports shall contain the results of sampling and analysis of the discharge, including
the flow, nature and concentration, or production and mass where required by the director of
ti ,public works, of pollutants contained therein which are limited by the applicable
pretreatment standards. The frequency of monitoring shall be prescribed in the applicable
pretreatment standard. All analyses shall be performed in accordance with procedures
established by the administrator pursuant to section 304(g) of the Act and contained in 40
CFR 136 and amendments thereto or with any other test procedures approved by the
administrator. Sampling shall be performed in accordance with the techniques approved by
the administrator.
Sec. 102-147. - Confidential information.
(a) Information and data on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs, and from inspections shall be available to the public or
other governmental agencies without restriction unless the user specifically requests and is
able to demonstrate to the satisfaction of the director of-u4h4ies-public works that the release
of such information would divulge information, processes or methods of production entitled
to protection as trade secrets or secret processes of the user. Wastewater constituents and
characteristics will not be recognized as confidential information.
(b) The portions of a report or other information accepted by the city as confidential shall not
be made available for inspection by the public but shall be made available, upon written
request, to governmental agencies for uses related to this chapter, the NPDES permit, state
disposal system permit and/or the pretreatment programs.
(c) Information accepted by the city as confidential shall not be transmitted to any
governmental agency or to the general public by the city until and unless a ten-day
notification is given to the user.
Sec. 102-148. - Violations and enforcement.
Notification of violation. Whenever the city finds that any user has violated or is violating any
part of this division, the city may serve notice upon such user calling for immediate
compliance as follows:
(1) For any discharge which reasonably appears to present an imminent or substantial
endangerment to the public health, safety or welfare, to the local environment, or to any
portion of the treatment works, the director of a , public works may serve telephone
notice to such user to immediately halt such discharge.
(2) For any violation, except as described in subsection (a) of this section, the director of
des-gublic works may serve upon such user a written notice stating the nature of the
violation, giving support data, and calling for immediate compliance.
(b) Suspension of wastewater treatment service and'or permit.
(1) The city may suspend the wastewater treatment service and/or wastewater discharge
permit when deemed necessary by the director of-e4k6e -public works to halt any discharge
which presents an imminent or substantial endangerment to public health, safety or welfare, to
the local environment, or to any portion of the treatment works, or when a user fails to
respond to a compliance order as provided in subsection (a) of this section.
(2) Any user notified of a suspension of his wastewater treatment services and/or permit shall
immediately cease discharge of all industrial wastewater into the treatment works. In the
event of a failure of a discharger to comply voluntarily with the suspension order, the city
shall take such steps as deemed necessary to ensure compliance, including cessation of water
supplied to the premises and severance of plumbing connection. The city may reinstate the
wastewater treatment service and/or discharge permit upon such terms and conditions as may
be required if the user provides proof the noncomplying discharge has been eliminated. A
detailed written statement describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence shall be submitted by the user to the city within 15
days of the occurrence.
(c) Revocation of permit.
(1) Any user who violates the following conditions of this chapter or applicable state or
federal regulations shall be subject to having his permit revoked through written notice served
by registered mail:
a. Failure of the user to factually report the wastewater constituents and characteristics of his
discharge.
b. Failure of the user to report significant changes in operations or wastewater constituents
and characteristics.
c. Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring.
d. Violation of any permit condition or wastewater discharge regulation.
(2) Before any further discharge of industrial wastewater may be made by a discharger whose
permit has been revoked, the discharger must apply for and be granted a reinstatement of the
terminated permit or a new permit, either of which the director of e4l4+icepublic works may
require, and pay all delinquent fees, charges and costs occasioned by the violation. Costs shall
include all expenses, including general and administrative expenses incurred by the city in
revoking the permit and disconnecting the discharger from the water or the sewerage system,
and those incurred due to the violation as provided in subsection (c)(1) of this section. These
costs shall be paid by the discharger before any new permit will be issued. When all costs
cannot be readily determined, the city may require and accept a deposit which it considers
sufficient and which will be subject to appropriate adjustment after all costs have been
determined.
(d) Falsifying information. Any person who knowingly makes any false statement,
representation or certification in any application, record, plan or other document filed or
required to be maintained pursuant to this chapter or wastewater discharge permit, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring device or method
required under this chapter shall be subject to the penalties of subsection (h) of this section.
(e) Legal action. If any person discharges industrial wastes or other wastes into the city
Itreatment works contrary to the provisions of this chapter, federal or state pretreatment
requirements, the commonwealth attorney, or where appropriate the city attorney, may
commence immediately an action for appropriate relief in the city circuit court.
(f) Public notice of violations. The city shall annually publish in the newspaper with the
largest circulation within the city the names of industries that had significant violations of any
pretreatment requirements or standards during the previous 12 months. A significant violation
means any violation which remains uncorrected 45 days after notification of noncompliance,
which is part of a pattern of noncompliance over a 12-month period, which involves a failure
to accurately report noncompliance or which results in the city exercising its emergency
authority under subsection (b) of this section. The notice shall also summarize any
enforcement actions taken against the user during the same 12 months.
(g) Appeals. Any user, permit applicant or permit holder affected by any decision, action or
determination made by the director of dies -public works, interpreting or implementing the
provisions of this chapter or in any permit issued under this chapter, may file with the director
of des -public works a written request for reconsideration within ten days of such decision,
action or determination, setting forth in detail the users request for reconsideration. If the
ruling made by the director of-u6k6es-p1blic works is unsatisfactory to the person requesting
reconsideration, he may, within ten days after notification of the city action, file a written
appeal to the city council. The written appeal will be heard by the council within 30 days from
the date of filing. The city council will make a final ruling on the appeal within 15 days of the
close of the meeting. The director of des -public works decision, action or determination
shall remain in effect during such period of reconsideration.
(h) Penalties. Any person who violates any provision of this article shall be guilty of a class 2
misdemeanor. The city may recover reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law by the person found to have
violated this article or the orders, rules, regulations and permits issued hereunder.
Secs. 102-149-102-165. - Reserved.
DIVISION 2. - PERMIT
Sec. 102-166. - Wastewater discharge permits.
All new significant industrial users proposing to connect to or to contribute to the city
treatment works shall obtain a wastewater discharge permit before connecting to or
contributing to the treatment works. All significant industrial users connected to or
contributing to the treatment works on the effective date of Ordinance No. 1985-25 shall
obtain a wastewater discharge permit.
Sec. 102-167. - Permit applications.
(a) Users required to obtain a wastewater discharge permit shall complete and file an
application in the form prescribed by the city. Proposed new users shall apply for a
wastewater discharge permit at least 90 days prior to connecting to or contributing to the
treatment works. In support of the application, users shall submit, in units and terms
appropriate for evaluation, the information listed in this section. New users shall not be
required to submit information for subsection (a)(13) of this section, and new users may base
information submitted for items in subsections (a)(2), (a)(5), and (a)(8) through (I2) of this
section on estimates or projections.
(1) Name, address and telephone number of the applicant, the user and the owner of the
premises from which industrial wastes are to be discharged.
(2) A list of any environmental control permits held by or for the user.
(3) SIC number according to the Standard Industrial Classification Manual, Office of
Management and Budget, 1972, as amended.
(4) Each product produced by type, amount, process or processes and rate of production.
(5) Type and amount of raw materials processed (average and maximum per day).
(6) Description of activities, facilities and plant processes on the premises, including all
materials which are or could be discharged.
(7) Site plans, floor plans and/or schematics in sufficient detail to show location of process
units and appurtenances and to include discharge piping arrangement.
(8) Number and type of employees, hours of plant operation, and proposed or actual hours of
operation of pretreatment system.
(9) Wastewater constituents and characteristics, including, but not limited to those mentioned
in sections 102-133-102-135 as determined by an analytical laboratory approved by the
director of-a6Uges-public works. Sampling and analyses shall be performed in accordance
with procedures established by the EPA pursuant to section 304(g) of the Act and contained in
40 CFR 136, as amended.
(10) Estimated time and duration of discharge.
(11) Average daily and three -minute peak flow rate, including daily, monthly and seasonal
variations if any.
(12) Where known, the nature and concentration of any pollutants in the discharge which are
limited by city, state or federal discharge limitations.
(13) A statement regarding whether or not applicable discharge limitations are being met on a
consistent basis and, if not, whether additional operation and maintenance and/or additional
pretreatment is required for the user to meet such standards. If additional pretreatment and/or
operation and maintenance will be required to meet any discharge limitations, the shortest
schedule by which the user will provide such additional pretreatment will be noted on the
application. The completion date in this schedule shall not be later than the compliance date
established for any applicable pretreatment standard. The following conditions shall apply to
this schedule:
a. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional pretreatment required for the user to meet the applicable discharge limitations (e.g.,
hiring an engineer, completing preliminary plans, completing final plans, executing contracts
for major components, commencing construction, completing construction, system testing and
achieving compliance with discharge limitations).
b. No increment referred to in subsection (a)(13)a. of this section shall exceed nine months.
c. Not later than 14 days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the director of-ugh4ies-public works,
including, as a minimum, whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which it expects to comply with this increment of
progress, the reason for delay, and the steps being taken by the user to return the construction
to the schedule established. In no event shall more than nine months elapse between such
progress reports to the director of ••`-pies-public works.
(14) Any other information as may be deemed by the city to be necessary to evaluate the
permit application.
(b) The director of des -public works will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of the data furnished, the city
may issue a wastewater discharge permit subject to terns and conditions provided in this
article.
Sec. 102-168. - Permit modifications.
Within nine months of the promulgation of a national categorical pretreatment standard, the
wastewater discharge permit of users subject to such standards shall be revised to require
compliance with such standard within the time frame prescribed by such standard. Where a
user subject to a national categorical pretreatment standard has not previously submitted an
application for a wastewater discharge permit as required by section 102-167, the user shall
apply for a wastewater discharge permit within 90 days after the promulgation of the
applicable national categorical pretreatment standard. In addition, the user with an existing
wastewater discharge permit shall submit to the director of-u6H4e�p1blic works within 90
days after the promulgation of an applicable national categorical pretreatment standard the
information required by subsections 102-167(a)(I2), (13).
Sec. 102-169. - Permit conditions.
Wastewater discharge permits shall be expressly subject to all provisions of this chapter and
all other applicable regulations, and user charges and fees established by the city. Permits may
contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged
to the treatment works.
(2) Limits on the average and maximum wastewater constituents and characteristics.
(3) Limits on average and maximum rate and time of discharge or requirements for flow
regulation and equalization.
(4) Requirements for providing monitoring, accidental discharge prevention, and/or
pretreatment facilities and procedures.
(5) Specifications for self -monitoring programs, which may include sampling locations,
frequency of sampling, number, types and standards for tests, and reporting schedule.
(6) Compliance schedule for providing any required facilities.
(7) Requirements for submission of technical reports or discharge reports (see section 102-
145).
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge
as specified by the city, and affording city access thereto.
(9) Requirements for notification of the city of any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the city treatment works.
(10) Other conditions as deemed appropriate by the city to ensure compliance with this
chapter.
Sec. 102-170. - Permit duration.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be
issued for a period less than a year or may be stated to expire on a specific date. The user shall
apply for permit reissuance a minimum of 180 days prior to the expiration of the user's
existing permit. The terms and conditions of the permit may be subject to modification by the
city during the term of the permit as limitations or requirements under this article are modified
or other just cause exists. The user will be informed of any proposed changes in his permit at
least 30 days prior to the effective date of change. Any changes or new conditions in the
permit will include a reasonable time schedule for compliance.
Sec. 102-171. - Permits not transferable.
Wastewater discharge permits are issued to a specific user for a specific operation. A
wastewater discharge permit shall not be reassigned or transferred to a new owner, new user,
different premises, or a new or changed operation. Any succeeding owner or user shall not
operate under an existing permit issued in another name or operation, but must first make
application for a new permit at least 30 days in advance of any schedule change.
Secs. 102-172-102-179. - Reserved.
DIVISION 3. - CONNECTIONS TO PUBLIC SEWERS
Sec. 102-180. - Connections to public sewers.
(a) Tapping public sewers. All labor and material necessary for installing connections
between building and sewer mains, including those portions located within the rights -of -way
of public or private streets, shall be furnished by the owners of such building at their cost and
expense. All necessary work shall be done by a plumber registered in the city. Connections to
sewer mains shall be made through existing manufactured tees previously installed or the
connection shall be made by means of inserting an approved saddle and affixing it to the main
in a method approved by the code official. Cutting into the pipe for branches will be permitted
only with a commercially manufactured tapping or drilling machine. Whenever it is necessary
to tap the sewer main, it shall be tapped on a 45-degree angle unless permission is otherwise
granted by the administrative authority. The pipe shall be completely uncovered, the
excavation shall be free of all water and shoring shall be installed if necessary. No sewer main
shall be cut for a tap or any other purpose except during the presence of and under the
supervision of a plumbing inspector. The division of building and fire code administration
shall be notified at least 24 hours before a tap is desired. Before the tap can be made, the
owner of the premises shall have made application to the department of utilities for the
connection and paid all necessary charges. At the time the tap is made, a section of the
connection to be installed adjacent to the sewer main shall be assembled and available for
insertion into the saddle. Immediately after the saddle and the section of building sewer have
been fastened in place, it shall be supported with cement, covered with heavy paper and then
covered to a depth of two or more feet with dry dirt. The tap must be protected from water
while the cement is green and if the plumbing inspector directs, pumps must be used to keep
water from the tap until the cement is hard. Test tees shall be located not closer than five feet
from the sewer saddle and the pipe between the test tee and saddle shall be of approved
material. After the tap is made, the sewer must be completed and inspected in the shortest
time possible. Trenches must not be left open longer than a reasonable length of time to
complete work and sewers shall be protected at all times from damage by water and mud.
Sufficient backfill shall be placed over the pipe by hand to prevent damage when filling the
trench and that portion of the trench in the street shall be tamped in six-inch layers, each
compacted to 95 percent density until backfill is completed. Any additional requirement of the
city shall be carried out.
In the subdivisions where the sewer mains are being installed by the developer, the developer
may also install a spur extending from the sewer main to one foot beyond the property line for
each lot. In cases where spurs would terminate under sidewalks or utilities, a variance may be
granted by the authority having jurisdiction. This extension is to receive the building sewer
for each lot.
In apartment developments, shopping centers or on other types of easements, the developer
may extend a spur not more than one length of pipe from the public sewer. This extension
shall not exceed ten feet.
Such extensions are to be shown on the sewer plans submitted to and approved by the director
ofdes-public works. These extensions are to be installed in the exact location shown on
the plan, under the supervision of a registered master plumber, and with a permit issued for
each spur. These spurs shall be constructed of the approved material, properly plugged at the
end of the spur and laid to the grades required by this article. The spur shall be inspected by a
plumbing inspector.
After a building is connected through a spur to the sanitary or storm sewer, the spur shall
become a part of the building sewer and the owner of the premises shall be responsible for the
operation and maintenance of the entire building sewer between the building and the street
sewer as set forth in subsection (f) of this section.
(b) Broken or damaged sewer main. If a section of the sewer main is broken or damaged
during the process of tapping, the plumber shall immediately replace or repair the broken
section under the direction of a plumbing inspector pursuant to specifications promulgated by
the director of u public works and at the expense of the plumber. A plumbing inspector
shall notify the director of-u4h6es-public works as soon as possible.
(c) Building sewers to trunk lines. Trunk lines may not be tapped, but where available and
with the approval of the department of utilities building sewer may enter a trunk line manhole
and a satisfactory bench and invert built at the expense of the plumber. If no manhole is
available, permission to construct a new manhole must be secured from the director of etili ies
public works and it must be built at the plumber's expense and under the direction of the
director of des -public works.
(d) Building sewers entering manhole. When permission is given by the director of u
public works, house connections may enter a manhole on the top of the bench and a
satisfactory invert shall be built by the plumber under the direction of a plumbing inspector.
The manhole shall be made watertight where the building sewer enters. The channel in the
manhole for the entering building sewer shall be made to the full size of the pipe it connects.
It shall have a smooth rounded bottom. The benches shall be brought up to the full height of
the channel and drain toward the main channel. Channels shall curve toward the flow of the
sewer main.
(e) Protection of building sewer. Where there is danger of surface water or mud entering the
building sewer, the pipe must be plugged.
(f) Ownership of building sewer. The ownership of connections between buildings and sewer
mains, including those portions located within the rights -of -way of public or private streets,
shall be vested in the owners of such premises and the city shall not be responsible for the
operation and maintenance of such connections.
(g) Size of tap permitted. No eight -inch sanitary sewer shall be tapped for a building sewer
larger than five inches unless approved by the director of-u6h+ie9-public works."
This Ordinance shall become effective on July 1, 2018.
INTRODUCED: June 12, 2018
PUBLIC HEARING: June 26, 2018
Mayor
ate
ATTEST:
Votes
Councilmember DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Miller
Aye
Councilmember Passey
Absent
Councilmember Schmidt
Aye
Councilmember Stehle
Aye