Archive 2011-08-12 - City of Kellogg, MN

ARTICLE III. Sewer Service Regulations

§ 215-20. Purpose.

This article regulates the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers and the discharge of waters and wastes into the public sewer system and provides penalties for violations of the use of the sewer system.

§ 215-21. Use of sewer system restricted.

Except for authorized City personnel, a person shall not uncover, alter, repair, make or use any sewer service installation connected to the City sewer system except pursuant to an application and permit as provided in this article. A person shall not make or use any such installation contrary to the regulatory provisions of this article.

§ 215-22. Definitions.

A. Unless the context specifically indicates otherwise, the meaning of the terms used in Sections 810 and 415 shall be as designated.

ADMINISTRATION: Those fixed costs attributable to the City's administration of the wastewater treatment and collection system.

BIOCHEMICAL OXYGEN DEMAND OR BOD₅: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C, expressed in milligrams per liter. It represents the breakdown of carbonaceous materials as distinct from nitrogenous materials.

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal.

CITY: The area within the corporate boundaries of the City of Kellogg as presently established or as amended by ordinance or other legal actions in the future.

COMBINED SEWER: A sewer receiving both surface runoff and sewage.

COMMERCIAL USER: Any place of business which discharges sanitary waste as distinct from industrial wastewater.

COMMERCIAL WASTEWATER: Domestic strength wastewater discharged from a place of business as distinct from industrial wastewater.

ENGINEER: The City Engineer or his/her authorized deputy, agent or representative.

EXTRA-STRENGTH WASTE: Wastewater having a BOD₅ and/or TSS greater than domestic waste as defined under "normal domestic-strength wastewater" in this § 215-22 and not otherwise classified as an incompatible waste.

GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GOVERNMENTAL USER: A user which is an agency or instrumentality of federal, state or local government, discharging normal domestic-strength wastewater.

INCOMPATIBLE WASTE: Waste that either singly or by interaction with other wastes interferes with any waste treatment process, constitutes a hazard to humans or animals in spite of the treatment method used by the City, creates a public nuisance or creates hazards in the receiving waters of the wastewater treatment works.

INDUSTRIAL USERS or INDUSTRIES

(1) Entities that discharge into a publicly owned wastewater treatment system:

(a) Liquid wastes resulting from the processes employed in industrial or manufacturing processes; or

(b) Liquid wastes resulting from the development of any natural resources.

[1] These are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:

[a] Division A, Agriculture, Forestry and Fishing.

[b] Division B, Mining.

[c] Division D, Manufacturing.

[d] Division E, Transportation, Communications, Electric, Gas and Sanitary Sewers.

[e] Division I, Services.

[2] For the purpose of this definition, domestic waste shall be considered to have the characteristics defined under "normal domestic-strength wastewater" in this § 215-22.

(c) Any nongovernmental user of a publicly owned treatment system which discharges wastewater to the treatment system which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, or which constitutes a hazard to humans or animals in spite of treatment, or which creates a public nuisance, or which creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

INDUSTRIAL WASTEWATER: The liquid, gaseous, and solid processing wastes from an industrial manufacturing process, trade or business, including but not limited to all Standard Industrial Classification Manual Division A, B, D, and I manufacturers as distinct from domestic wastewater.

INSTITUTIONAL USER: A user, other than a commercial, governmental, industrial or residential user, discharging primarily normal domestic-strength wastewater (e.g., nonprofit organizations).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A permit issued by the United States Environmental Protection Agency/Minnesota Pollution Control Agency setting limits on pollutant strength that a permittee may legally discharge into the waters of the United States pursuant to the federal and state water pollution control regulations.

NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NORMAL DOMESTIC-STRENGTH WASTEWATER: Wastewater characterized by wastes created in the preparation of foods, bathing, laundry facilities, and water-carried human waste whose characteristics do not exceed 270 mg/l BOD₅ and 350 mg/l TSS, and is identified for the purpose of determining surcharge rates.

OPERATION AND MAINTENANCE: Activities required to provide for the dependable and economical functioning of the treatment system throughout its design life or useful life, whichever is longer, and at the level of performance for which the treatment system was constructed. Operation and maintenance includes replacement.

OPERATION AND MAINTENANCE COSTS: Expenditures for operation and maintenance costs.

PERSON: Any individual, firm, company, association, society, corporation or group.

pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

PUBLIC WASTEWATER COLLECTION SYSTEM: The system of sanitary sewers owned, maintained, operated and controlled by the City of Kellogg.

PUBLIC WORKS DEPARTMENT: A representative of the City of Kellogg Public Works Department or his/her authorized deputy, agent or representative.

REPLACEMENT: The purchase and installation of equipment, accessories or appurtenances which are necessary during the design life or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

REPLACEMENT COSTS: Expenditures for replacement.

RESIDENTIAL USER: A user of the collection and treatment facilities whose premises or building is used primarily as a residence for one or more persons, including dwelling units such as detached and semidetached housing, apartments, and mobile homes; and which primarily discharges normal domestic-strength sanitary wastes.

SANITARY SEWER: A sewer intended to carry only liquid- and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground- , storm- and surface waters which are not admitted intentionally.

SEWAGE: A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such incidental ground, storm and surface waters that may be present.

SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS: All facilities for collecting, pumping, treating and disposing of sewage.

SEWER FUND: A fund into which income from sewer service charges is deposited. Expenditure of the Sewer Fund will be for operation, maintenance and replacement costs.

SEWER SERVICE CHARGE: The total of charges for operation, maintenance and replacement.

SLUG: 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 twenty-four-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

STORM SEWER: A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS): The total suspended matter that either floats on the surface or is in suspension in water, wastewater, or other liquids, and is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, latest edition.

TOXIC POLLUTANT: The concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse affects as defined in standards issued pursuant to Section 307(a) of the Clean Water Act.

USER CHARGE: A charge levied on users of a treatment system for the user's proportionate share of the cost of operation and maintenance, including replacement.

USERS: Those residential, commercial, governmental, institutional and industrial establishments which are connected to the public sewer collection system.

WASTEWATER: The spent water of a community, also referred to as "sewage." From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, and stormwater that may be present.

WASTEWATER TREATMENT SYSTEM or TREATMENT SYSTEM: An arrangement of any devices, facilities, structures, equipment or processes owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or industrial wastewater, or structures necessary to recycle or reuse water, including interceptor sewers, outfall sewers, collection sewers, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which is an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently.

B. "Shall" is mandatory; "may" is permissive.

§ 215-23. Use of public sewer system required.

A. Deposit prohibited on public or private property. It shall be unlawful for any person to place, deposit or permit to be deposited any sewage or wastewater on public or private property within the City.

B. Discharge to natural outlet or watercourse. It shall be unlawful to discharge to any natural outlet or watercourse within the City or in any area within the jurisdiction of the City any sewage or other polluted waters, except where suitable treatment as defined by state and federal regulation and/or in accordance with the City's NPDES permit has been provided in accordance with the provisions of this article.

C. Construction of private disposal prohibited. Except as provided in this article, it shall be unlawful to construct or maintain any privy, holding tank, septic tank, cesspool or other facility intended or used for the disposal of sewage, within the corporate limits of the City.

D. Installation of and connection to disposal system required. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes and which, by nature of its use, generates sanitary sewage or other water-carried waste which is amenable to conventional treatment processes, situated within the City and abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer, are by this article, required at their expense to install suitable toilet facilities in the premises and to connect the facilities, either new or existing, directly to the proper public sewer in accordance with the provisions of this article within 90 days after date of official notice by the Council to do so, provided that the public sewer is within 300 feet of the owner's property line, except where the Council determines that the connection is not feasible due to topography or subsurface conditions or is economically prohibitive for the property owner to construct or the City to maintain. At the time any real estate served by a private disposal system is sold, the deed, contract for deed, or other instrument of conveyance must be presented to the City Clerk/Treasurer for approval and verification that this provision is complied with. The City Clerk/Treasurer shall not approve any sale if the property is within 300 feet of public sewer and not connected as required by this article.

E. Failure to connect. If an owner fails to connect to a public sewer in compliance with a notice given under Subsection D, the City shall undertake to have the connection made and shall assess the cost of the connection against the benefited property. The assessment, when levied, shall bear interest at the rate determined by the Council and shall be certified to the County Auditor of the County of Wabasha, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any penalties or remedial or enforcement provisions of this article.

§ 215-24. Private sewage disposal.

A. Public sanitary sewer unavailable. Where a public sanitary sewer is not available under the provisions of § 215-23D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article, and the provisions of the Minnesota Rules, Chapter 7080, as amended from time to time, which is hereby incorporated by reference.

B. Permit and fee. Before beginning construction or reconstruction of a private sewage disposal system, the owner shall first obtain a written permit from the City. (See Exhibit H. Editor's Note: Appendix H is on file in the office of the Clerk/Treasurer. ) The applicant shall provide any plans, specifications, and other information deemed necessary by the City Engineer or Building Official. A permit and inspection fee, set forth in and as specified in Appendix A, located as an attachment to this chapter, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. shall be paid to the City at the time the application is filed.

C. Installation. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City. These officials shall be allowed to inspect the work at any stage of construction. The permittee shall notify the City when the work is ready for final inspection before any underground portions are covered. The inspection shall normally be made within 24 hours of the receipt of the notice.

D. Compliance with regulations. The type, capacities, locations, and layout of a private sewage disposal system shall comply with Minnesota Pollution Control Agency Rule Chapter 7080. A septic tank shall not be permitted to discharge to any natural outlet.

E. Connection to public sewer. At the time public sewer becomes available to a property served by a private system, a direct connection shall be made to the public sewer pursuant to § 215-23D. Any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and removed or cleaned and filled with clean bank-run gravel.

F. Maintenance of private sewer facility. The owner shall operate and maintain the private sewage disposal facility in a sanitary manner at all times, without expense to the City.

G. Additional requirements. Statements contained in this article shall not be construed to interfere with any additional requirements that may be imposed by any officially recognized health officer.

§ 215-25. Application for City sewer service.

A. Procedure. Application for a sewer service installation and for sewer service shall be made to the Clerk/Treasurer. Application shall be made by the owner or by the owner's agent on forms furnished by the City. (See Appendix B. Editor's Note: Appendix B is on file in the office of the Clerk/Treasurer. ) The application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City. The applicant's signature shall be an agreement to conform to this article and to rules and regulations that may be established by the City as conditions for the use of the City's sewer system.

B. Fees. The applicant shall, at the time of making application, pay to the City the amount of the fees required for the installation of the service connection as specified in Appendix A, located as an attachment to this chapter. Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer.

§ 215-26. Sewer service connections.

A. General regulations.

(1) Authorized installation. Only a City employee or a bonded, licensed and insured contractor, approved in advance by the Council, shall install a service line in a City right-of-way. Approval of such contractors shall be by motion or resolution of the Council and effective unless or until revoked by majority vote. The Clerk/Treasurer shall maintain a list of approved contractors.

(2) Materials and installation specifications. The pipe and fittings used to make a connection shall meet the specifications in Appendix I. Editor's Note: Appendix I is on file in the office of the Clerk/Treasurer.

(3) Future connections. Future connections to the City sewer system shall be limited in accordance with the availability of sufficient treatment capacity in the publicly owned treatment works.

(4) Exceptions to separate systems for every structure. A separate and independent building sewer shall be provided for every building, except as authorized by the City Council by motion or resolution.

(5) Elevation. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which the building drain is too low to permit gravity flow to the public sewer, wastewater shall be lifted by an approved means and discharged to the building sewer.

(6) Surface runoff/groundwater. A person shall not make or have any connection of roof downspouts, exterior and interior foundation drains, areaway drains, or other sources of surface runoff or groundwater, either directly or indirectly, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

B. New connections.

(1) Connection permit. The property owner or the owner's agent shall apply to the Clerk/Treasurer for a permit to install a connection to a sewer main. (See Appendix B. Editor's Note: Appendix B is on file in the office of the Clerk/Treasurer. ) There shall be two classes of building sewer permits:

(a) Residential and commercial service; and

(b) Service to establishments producing industrial wastes.

(2) Installation cost. The applicant shall pay the cost of installing the service line from the main to the structure being serviced. This includes the cost of pipe and appurtenances and of making the necessary connections and taps and any street repairs.

(3) Sewer availability charge (SAC charge). The application must be accompanied by the full payment of the SAC charge to connect to the City sewer system.

(4) Street repair costs. At the time application is made, the applicant shall deposit the estimated amount necessary to repair damaged blacktop. This deposit shall be placed in escrow, and the blacktop repair bill shall be paid out of it. Any remaining balance shall be refunded to the applicant. Any blacktop repair costs that exceed the deposit shall be paid by the applicant.

(5) Connection and inspection. The applicant shall arrange a time with the Public Works Department to make the installation. At least two working days' notice shall be given. Connections within the right-of-way shall be made under the supervision of the Public Works Department. The installation from the main to the structure being serviced shall not be covered until inspected and approved by the Public Works Department.

(6) Upgrading an existing sewer. An existing building sewer may be used to service a new building only when it is found, on examination and test by the Public Works Department, to meet all the requirements of this article.

(7) Industrial service. An industrial service may require a review of the proposed connection, installation supervision and inspection by the City Engineer. These costs shall be paid by the applicant. At the time application for industrial sewer service is made, the applicant shall deposit the estimated amount necessary to cover these costs. This deposit shall be held in the City office and the bill shall be paid out of this deposit. Any remaining balance shall be refunded to the applicant. Any costs that exceed the deposit shall be paid by the applicant.

C. Repair or replacement of connections.

(1) Construction permit and inspection fee. Application for a permit to repair or replace a sewer line from the right-of-way to the structure being serviced shall be made to the Clerk/Treasurer. (See Appendix B. Editor's Note: Appendixes A and B are on file in the office of the Clerk/Treasurer. ) The construction permit and inspection fee, as specified in Appendix A, located as an attachment to this chapter, shall be paid at the time the application is made.

(2) Repair cost. The cost of making repairs to the sewer line within the right-of-way and any street repairs shall be borne by the City. If there are any additional costs from the right-of-way to the property that stems from a maintenance or replacement of the service type, then the consumer or owner shall also be responsible for that cost. If the City is involved in maintaining or replacing the service type, it shall have the discretion as to what that cost would be.

(3) Installation and inspection. The applicant shall arrange with the Public Works Department in advance to inspect repairs or replacement of a sewer line from the right-of-way to the structure being serviced. The service line and connection to the sewer line at the right-of-way shall not be covered until the installation is inspected and approved by the Supervisor. After said placement of structure a detailed map must be made available for City files or contact the City so they can create one for record purposes.

§ 215-27. Protection of public and City.

A. Permit and bond. A permit for construction of a sewer main or stub shall be issued only upon application by a person who has furnished a bond either to the Clerk/Treasurer or to the Secretary of State under Minnesota Statute § 326B.46. The bond shall be in the amount set forth in Appendix A, attached to the chapter, Editor's Note: Appendix A is on file in the office of the Clerk/Treasurer. and conditioned to secure compliance by the principal with the provisions of this Code and to secure the person's performance of all work undertaken within the City.

B. Liability insurance. Before undertaking the construction work authorized by the permit, the person shall secure and maintain a policy of insurance against damages to property or injury or death to individuals. The policy shall indemnify and hold harmless the City and its personnel against any claim, damages or cause of action arising out of the work and from any expenses of defending the action. Insurance coverage shall be at a minimum $500,000 per occurrence with $1,000,000 annual aggregate or $1,000,000 per occurrence with $2,000,000 annual aggregate. Proof of insurance shall be filed with the City prior to construction work. The policy shall provide that the City shall be notified immediately of any termination or modification of such insurance. If the insurance coverage is inadequate, the person shall indemnify and save harmless the City and its personnel in like manner.

C. Indemnification by owner. The owner shall bear the costs and expenses incurred by the installation and connection of the extension of sewer service to private property. The owner shall indemnify the City for any loss or damage directly or indirectly caused by its installation. The Clerk/Treasurer shall establish rules and regulations for the proper implementation of these requirements which, when approved by the Council by resolution or motion, shall govern the installation and connections.

§ 215-28. Use of public sewers.

A. Discharges prohibited. A person shall not discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Designated storm sewers. Stormwater and all other unpolluted waters shall be discharged to sewers which are specifically designated as storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City, to a storm sewer or natural outlet, subject to approval and the issuance of a discharge permit by the Minnesota Pollution Control Agency.

C. Discharges specifically prohibited. A person shall not discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Explosive materials. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, benzene, naphtha, fuel oil, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.

(2) Toxic, poisonous materials. Any waters or wastes containing toxic or poisonous solids, liquids, or gases as defined by Section 307(a) of the Clean Water Act in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals in spite of treatment, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of federal and state requirements in the wastes as discharged to the public sewer.

(3) Corrosive materials. Any waters or wastes having a pH lower than 5.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel or the sewage works.

(4) Materials causing obstructions, interference. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, sanitary napkins, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

D. Specific harmful discharges prohibited. A person shall not discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Engineer and/or the Public Works Department that the wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion concerning the acceptability of these wastes, the Engineer and/or the Public Works Department will give consideration to such factors as the City's NPDES permit, the quantities of subject wastes in relation to the flows and velocities in the sewers, materials and construction of the sewers, nature of the treatment process, capacity of the treatment plant, degree of treatability of the wastes in the sewage treatment plant and other factors deemed pertinent. The substances prohibited are:

(1) Substances in violation of NPDES permit. Any wastewater that would directly or indirectly result in a violation of the City's NPDES permit.

(2) Substances in excess of 150°. Any liquid or vapor having a temperature higher than 150° F. (65° C.).

(3) Substances that solidify. Any water or waste containing fats, wax, grease, oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° to 65° C.).

(4) Garbage not shredded. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or greater shall be subject to the review and approval of the Public Works Department or its authorized representative.

(5) Pickling wastes, plating solutions. Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.

(6) Toxic, objectionable substances. Any waters or wastes containing iron, chromium, copper, zinc, nickel, lead, cadmium, mercury, cyanide, PCBs, and similar toxic or objectionable substances to the degree that any such material received in the composite sewage at the treatment works exceeds limits established by the Minnesota Pollution Control Agency for such materials.

(7) Taste- or odor-producing substances. Any waters or wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits which may be established by the Public Works Department as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for the discharge to the receiving waters.

(8) Radioactive wastes, isotopes. Any radioactive wastes or isotopes of such half-life or concentration which may exceed limits established by the Public Works Department, in compliance with applicable state and federal regulations.

(9) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids (such as but not limited to slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).

(b) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solution).

(c) Unusual BOD₅, chemical oxygen demand, or disinfection requirements in such quantities which constitute a significant load on the sewage treatment works, except by special permit or agreement.

(d) Unusual volume of flow or concentration of wastes constituting "slugs" as defined in this article.

(10) Substances not treatable. Waters or wastes containing substances which are not amenable to treatment or reduction by the treatment process employed, or are amenable to treatment only to the degree that the treatment plant effluent cannot meet the requirements of the agencies having jurisdiction over discharge to the receiving waters.

E. Disposition alternatives available to Engineer and/or the Public Works Department.

(1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsections C and D of this § 215-28 and which in the judgment of the Public Works Department and/or Engineer may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Engineer and/or the Public Works Department may:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable condition for discharge to public sewers,

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer service charges under the provisions of Article IV, Sewer Service Charge System.

(2) If the Engineer and/or the Public Works Department permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to review and approval by the City and subject to the requirements of all applicable federal and state codes, ordinances, and pretreatment standards established pursuant to Section 307(b) of the Clean Water Act.

F. Provision of interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Department, they are necessary for the proper handling of liquid wastes containing constituents, as described in Subsections C and D of this § 215-28, in prohibited amounts. All interceptors shall be of a design approved by the City and shall be located conveniently for cleaning and inspection.

G. Maintenance of equalization facilities. Where preliminary treatment or flow equalization facilities are provided for any wastes or water, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

H. Diluting discharge prohibited. A user shall not increase the amount of process water or, in any manner; attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in Subsections C and D of this § 215-28, or contained in the National Categorical Pretreatment Standards or any state requirements.

I. Manholes. When required by the Engineer and/or the Public Works Department, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole or manholes together with the necessary meters, samplers, and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The manhole shall be easily accessible and safely located and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at the owner's expense, and shall be maintained by the owner to be safe for use at all times.

J. Compliance. The owners of any property serviced by a building sewer carrying industrial wastes may, at the discretion of the City, be required to provide laboratory measurements, tests, or analyses of waters or wastes to illustrate compliance with this article and any special condition for discharge established by the City or regulatory agencies having jurisdiction over the discharge. The number, type, and frequency of sampling and laboratory analyses to be performed by the owner shall be as stipulated in writing by the City. The industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with federal, state and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the City at such times and in the manner as prescribed by the City. The owner shall bear the expense of all measurements, analyses, and reporting required by the City. When necessary, the City reserves the right to take its own measurements and samples for analysis by an independent laboratory.

K. Standards for analyses. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, duration and frequencies shall be determined on an individual basis, subject to approval by the Public Works Department and Engineer.

L. Special arrangements. Statements contained in this article shall not be construed to prevent any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment for the special arrangement by the industrial concern, providing that National Categorical Pretreatment Standards and the City's NPDES and/or state disposal system permit limitations are not violated, and that payment for the operation, maintenance, and replacement costs of wastewater treatment is in proportion to the industry's contribution of wastewater loadings to the treatment facilities, in accordance with 40 CFR 35.2140 and Article IV, Sewer Service Charge System.

§ 215-29. Protection from damage.

A. Damaging sewer works. A person shall not maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 215-30. Power and authority of inspectors.

A. Authorization to inspect. The Engineer and/or duly authorized City Public Works employee bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Public Works Department shall not, however, have authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industrial processes considered the property of the industry, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. Observance of safety rules. While performing the necessary work on private properties referred to in Subsection A, the Engineer or a duly authorized City Public Works employee shall observe all safety rules applicable to the premises established by the owner.

C. Entry governed by easement. The Engineer and/or duly authorized City Public Works employee bearing proper credentials and identification shall be permitted to enter all private properties for the purposes of inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the property. All entry and subsequent work, if any, on the property shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§ 215-31. Violations and penalties.

A. Notice to violators. Any person found to be violating any provision of this article, except § 215-29, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction of the violation. The offender shall, within the period of time stated in the notice, permanently cease all violations.

B. Convictions. Any person who continues any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor. Each day in which any violation continues shall be deemed a separate offense, and where special agreements provide a penalty, the penalty shall be used.

C. Liability for expense. Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage occasioned the City by reason of the violation.