HomeMy WebLinkAbout166 - 11/04/1986 - AMENDING CITY CODE RELATING TO THE WASTEWATER UTILITY AND AMENDING THE PLUMBING CODE TO ESTABLISH BA ORDINANCE 166, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING, WITH MODIFICATIONS,
CHAPTER 112, ARTICLE II OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE WASTEWATER UTILITY, AND AMENDING
THE PLUMBING CODE TO ESTABLISH BACKFILL
COMPACTION STANDARDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . Chapter 112, Article II of the Code of the City of Fort
Collins, "Wastewater, " is hereby repealed in its entirety and reenacted and
renumbered as follows:
ARTICLE III. WASTEWATER
DIVISION 1. Generally
§ 112-71. Title; purpose; application.
A. Short title. This article shall be known as the "Wastewater
Utility Ordinance. "
B. Purpose and policy. It is necessary for the health, safety and
welfare of the residents of the city to regulate the collection and
treatment of wastewater to provide for maximum public benefit.
This article sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the city and enables the city to comply with all state
and federal laws applicable to the treatment of wastes and
discharge of clean and safe water. The objectives are to:
(1) Prevent the introduction of pollutants into the city' s
wastewater system which will interfere with the operation of
the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the city's
wastewater system which will pass through the system,
inadequately treated, into receiving waters or the atmosphere
or that would otherwise be incompatible with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and
sludges from the system;
(4) Provide for equitable distribution among users of the cost of
the wastewater system; and
(5) Provide for and promote the general health, safety and welfare
of the citizens residing within the city limits and downstream
water users.
C. Means. This article provides for the regulation of direct and
indirect contributors to the city's wastewater system through the
issuance of discharge permits to certain non-domestic users and
through the enforcement of general requirements for all
contributors, authorizes monitoring and enforcement activities,
requires user reporting and provides for the setting of fees for
the equitable distribution of costs resulting from the program
established herein.
D. Application of article. The provisions of this article are made
for the benefit of the users of the wastewater utility, for the
protection of the wastewater system, and to protect the quality of
effluent of the city's wastewater treatment plants. This article
shall apply to all persons and users of the wastewater utility
whether within or without the city limits. Enforcement shall in no
case be willfully ignored by any city official or employee.
§ 112-72. Definitions; abbreviations.
A. Unless the context specifically indicates otherwise, the meaning of
terms and phrases used in this article shall be as follows:
Act or the Act: the Federal Water Pollution Control act, P.L.
92-500 also known as the "Clean Water act, " as amended, 33 U.S.C.
1251, et seq.
Active Service Line: an uncapped private sewer connected to the
wastewater utility for premises to which water service has been
turned on.
Administrator: the Regional administrator of Region VIII of the
the USEPA.
Authorized Representative of Industrial User: an authorized
representative of an industrial user may be a principal executive
officer of at least the level of vice president, if the industrial
user is a corporation; a general partner or proprietor, if the
industrial user is a partnership or proprietorship, respectively;
or a duly authorized representative of the individual designated
above, if such representative is responsible for the overall
operation of the facilities from which any discharge originates.
Biochemical Oxygen Demand (BOD) : the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at twenty degrees Centigrade
(20° C. ) , expressed in milligrams per liter.
Categorical Standard or National Categorical Pretreatment Standard:
a national categorical pretreatment standard or federal regulation
containing pollutant discharge limits promulgated by the EPA under
authority of Section 307(b) and (c) of the act which applies to a
specific category of industrial users.
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Chemical Oxygen Demand (COD) : the measure of the oxygen equivalent
of that portion of organic matter in a sample that is susceptible
to oxidation by a strong chemical oxidant under laboratory
procedures, expressed in milligrams per liter.
Code: the Code of the city.
Combined Wastewater: wastewater containing stormwater, infiltration
or inflow, which is ordinarily prohibited from entering public
sanitary sewers, in addition to sanitary and industrial wastewater.
Compliance Date: the final deadline by which a user is required to
correct a violation of a prohibition or limitation or to meet a
pretreatment standard or requirement, as specified in a compliance
schedule, industrial discharge permit, or federal , state or local
regulation adopting an applicable pretreatment standard.
Compliance Schedule or Schedule of Compliance: an enforceable
schedule specifying a date or dates by which a user must comply
with a pretreatment standard, a pretreatment requirement, or a
prohibition or limitation and which may include increments of
progress to achieve such compliance.
Composite Sample: a representative flow-proportioned sample
collected within a twenty-four-hour period composed of a minimum of
four (4) individual samples collected at two-hour intervals and
combined according to flow.
Contaminate: to impair the quality of the waters of the state by
wastes to a degree which creates a hazard to the environmental
and/or public health through poisoning or through the spread of
disease.
Contributor: any person who contributes or causes the contribution
or discharge of wastewater to the wastewater utility, whether or
not through a direct connection to a public sewer.
Cooling Water: the water discharged from any use such as air
conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
Director: the Water and Wastewater Utility Director or the
authorized representative of such director.
Discharge: the disposal of sewage, holding tank waste, water or any
liquid by a wastewater utility user into the wastewater system of
the city. "Holding tank waste" means any wastewater from holding
tanks such as vessels, chemical toilets, campers, trailers, septic
tanks, sealed vaults and vacuum-pump tank trucks.
Discharger: any person who discharges or causes the discharge of
wastewater to the wastewater utility.
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Discharge Rate: that daily volume of effluent from a user's plant
which has been determined by the Director to be representative of
the process effluent from that plant. Effluent volume is based
upon metered water usage, unless, in the opinion of the Director
significant amounts of water are diverted and not discharged into
the wastewater system.
Dissolved Solids: that concentration of matter in the wastewater
that will pass through a forty-five hundredths micrometer pore size
filter.
Domestic (Sanitary) Wastes or Wastewater: liquid and water-carried
wastes from the noncommercial preparation and handling of food or
containing human excrement and similar matter from toilets and the
sanitary plumbing systems of dwellings, commercial buildings,
industrial facilities and institutions.
Environmental Protection Agency (EPA) : the United States
Environmental Protection Agency or, where appropriate, the term may
also be used as a designation for the administrator or other duly
authorized official of the agency.
Existing User: an industrial user which is in operation at the time
of promulgation of an applicable categorical standard, or at the
time of the city's adoption of a new or more stringent pretreatment
standard or other pretreatment requirement, or as of the date of
January 5, 1982, whichever is later.
Fats, Oil or Grease (FOG) : any hydrocarbons, fatty acids, soaps,
fats, waxes, oils and any other material that is extracted by freon
solvent.
Fecal Coliform: any number of organisms common to the intestinal
tract of humans and animals whose presence in sanitary sewage is an
indicator of pollution.
Flow: volume of wastewater.
Garbage: solid wastes from the domestic and commercial preparation
and handling of food and from the storage and sale of produce.
Grab Sample: a sample which is taken from a waste stream on a
one-time basis with no regard to the flow in the waste stream and
without consideration of time.
Health Department: the Larimer County Department of Health.
Incompatible (Nonconventional ) Pollutant: any nontreatable waste
product or pollutant, including nonbiodegradable dissolved solids.
Excluded from this definition are the "conventional " pollutants:
BOD, COD, FOG, SS, ammonia, pH and fecal coliform bacteria.
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Individual (Private) Wastewater Disposal System: a septic tank,
cesspool or similar self-contained receptacle or facility which
collects and/or treats or otherwise disposes of wastewater and
which is not connected to the wastewater utility.
Industrial : of or pertaining to industry, manufacturing, commerce,
trade or business, as distinguished from domestic or residential .
Industrial Discharge Permit: the document issued to a significant
industrial user by the city in accordance with the terms of this
article.
Industrial Surcharge: another name for wastewater strength
surcharge.
Industrial User: any user that discharges wastewater from
industrial processes.
Industrial Wastes or Wastewater: the liquid and water-carried
wastes from the industrial processes or discharged from industrial
plants, as distinct from sanitary wastewater, including wastewater
from pretreatment facilities and polluted cooling water.
Interference (Interfere) : causing deterioration of a public sewer
or the inhibition or interruption of flow in the sewer system
whether or not the city's NPDES permit is violated; or any
inhibition or disruption of the wastewater utility's treatment
processes or operations which contributes to a violation of any
requirement of the city's NPDES permit or contributes to the city's
inability to dispose of or use to maximum benefit the sludge
recovered from the treatment process because of its violation of
Section 405 of the act or any criteria, guidelines or regulations
developed pursuant to the SWDA, the Clean air act, the Toxic
Substances Control act, RCRA or more stringent state criteria
applicable to the method of disposal or use of sludge employed by
the wastewater utility.
Mass Limitations: any EPA limit imposed pursuant to Section 307(b)
of the Act on discharge of pollutant mass or mass limits deemed
necessary by the Director to meet NPDES permit requirements.
National Pollutant Discharge Elimination System (NPDES) : the
program for issuing, conditioning and denying permits for the
discharge of pollutants from point sources into the navigable
waters, the contiguous zone and the oceans pursuant to Section 402
of the act.
National Pollutant Discharge Elimination System Permit (NPDES
Permit) : a permit issued under the National Pollutant Discharge
Elimination System for discharge of wastewaters to the navigable
waters of the United States pursuant to the act.
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Natural (Water) Outlet: any outlet into a watercourse, pond, ditch,
lake or other body of surface or ground water.
New Source: any new industrial facility constructed after January
51 1982 or after the effective date of an applicable pretreatment
standard, whichever is later, or the introduction of a new or
expanded industrial process on the premises of an existing
industrial user.
Normal Domestic-Strength Wastewater: wastewater which, when
analyzed by Standard Methods, contains no more than two hundred
fifty (250) mg/l of TSS and three hundred (300) mg/l of COD and/or
two hundred (200) mg/l of BOD.
pH: the intensity of the acid or base condition of a solution
expressed as the logarithm (Base 10) of the reciprocal of the
hydrogen ion concentration in moles or grams per liter of solution.
Plant Investment Fee (sewer) (SPIF) that charge assessed against
new users of the wastewater system to finance capital improvement
of the wastewater system.
Platinum Cobalt Scale: the standard by which samples shall be
compared by color. A standard unit of color is produced by one (1)
mg/l of platinum in the form of chloro-platinate ion in solution.
Pollutant : Dredged spoil , dirt, slurry, solid waste, incinerator
residue, sewage, sewage sludge, garbage, trash, chemical waste,
biological nutrient, biological material , disease causing agents,
radioactive material , heat, wrecked or discarded equipment, rock,
sand or any industrial , municipal or agricultural waste.
Polluted Water: water, the quality of which, through man-made or
man-induced alteration of its chemical , physical , biological or
radiological integrity, is less than the effluent criteria in
effect, or that would cause violation of receiving water quality
standards and would be benefitted by discharge to and treatment by
the wastewater utility.
Pretreatment or Treatment: the reduction of the amount of
pollutants, the elimination of pollutants or the alteration of the
nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into the wastewater utility which may be obtained
by physical , chemical or biological processes, or process changes
by other means, except as prohibited by 40 CFR 403.6(d) .
Pretreatment Requirement: any substantive or procedural requirement
related to pretreatment, other than a national categorical
pretreatment standard imposed on an industrial user.
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Pretreatment Standards: all applicable federal rules and
regulations implementing Section 307 of the act, as well as any
nonconflicting state or local standards.
Private Sewer: means the same as "service line."
Prohibitive Discharge Standard or National Prohibitive Discharge
Standard: any regulations developed under the authority of Section
307 (b) of the act and 40 CFR 403.5.
Public Sewer: the sewer main or other major street sewer in which
all owners of abutting properties have equal rights and which is
part of the wastewater utility subject to the control and
maintenance of the city.
Receiving Waters: lakes, rivers, streams or other watercourses
which receive treated or untreated wastewater.
Receiving Water Quality Requirements: requirements for the
wastewater treatment plant effluent established by applicable state
or federal regulatory agencies for the protection of receiving
water quality. Such requirements include effluent limitations and
waste discharge standards , requirements , limitations or
prohibitions which may be established or adopted from time to time
by state or federal laws or regulatory agencies.
Sanitary Sewer: a sewer which carries wastewater and to which
storm, surface and ground waters are not intentionally admitted,
including the pipe or conduit system and appurtenances, for the
collection, transportation, pumping and treatment of wastewater.
This definition includes the terms "public sewer, " "sewer system"
and "collection line".
Service Line (Private Sewer) : a sewer commencing at and collecting
wastewater from a structure or facility on property served by the
wastewater utility and ending at the public sewer where the
wastewater is contributed to the wastewater utility.
Sewage: wastewater.
Sewer: a pipe or conduit which collects and carries wastewater to a
treatment plant.
Significant Industrial User: any industrial user of the wastewater
utility whose flow (i ) exceeds twenty-five thousand (25,000)
gallons per day, (ii) exceeds five percent (5%) of the daily
capacity of the treatment system, (iii) is subject to a wastewater
strength surcharge and has significant impact on the wastewater
system, (iv) contains pollutants in excess of the limitations as
set forth in Schedule A, (v) has toxic material in its waste stream
in amounts defined as toxic in standards issued under Section
307(a) of the Act, or (vi) is determined by the Director to have
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significant impact, either singly or in combination with other
contributing industries, on the wastewater system, such that the
quality of the effluent or sludges from the utility treatment
plants deviates from the requirements set forth in the NPDES permit
issued to the city, or such that interference with the sewer system
or treatment process or facilities would result.
Significant Violator: a person who for at least forty-five (45)
days after notification of non-compliance has failed to correct a
violation of this article or his industrial discharge permit; or
has engaged in a pattern of noncompliance over a twelve-month
period; or has failed to report an accidental discharge or other
facts of noncompliance.
Sludge: the accumulated solids separated from liquids such as water
or wastewater during processing or deposits on bottoms of streams
or other bodies of water or the precipitate resulting from chemical
treatment, coagulation or sedimentation of water or wastewater.
Slug or Slugload : any discharge of wastewater which , in
concentration of any given constituent or in quantity of flow,
exceeds for any one (1) period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty-four-hour
concentration or flows during the normal operation.
Standard Industrial Classification (SIC) : a classification pursuant
to the most recent edition of the Standard Industrial
Classification Manual issued by the Executive Office of the
President, Office of Management and Budget.
Standard Methods: procedures described in the most recent edition
of Standard Methods for the Examination of Water and Wastewater as
published by the American Public Health Association, American
Waterworks Association, and the Water Pollution Control Federation.
State: State of Colorado.
State Waters: any and all surface and subsurface waters which are
contained in or flow in or through the state, except waters in
sewage systems, waters in treatment works or disposal systems,
waters in potable water distribution systems and all waters
withdrawn for use until use and treatment have been completed.
Storm Sewer or Storm Drain: a pipe, conduit or channel that
carries only storm, surface and ground water drainage, as distinct
from a sanitary sewer or service line.
Stormwater: any flow occurring during or following any form of
natural precipitation and resulting therefrom.
Strength of Wastewater: the quality of wastewater discharged as
measured by its elements, including its constituents and
characteristics.
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Suspended Solids or Total Suspended Solids (TSS) : the total
suspended matter, expressed in milligrams per liter, that floats on
the surface of or is suspended in water, wastewater or other
liquids and which is removable by laboratory filtering in
accordance with procedures set forth in Standard Methods.
Total Solids: the sum of suspended and dissolved solids.
Total Toxic Organics (TTO) : the sum of the masses or concentrations
of specific toxic organic compounds found in an industrial user's
process discharge at a concentration greater than 0.01 mg/l . The
specific toxic organic compounds measured are prescribed in the
categorical standard applicable to the user.
Toxic: the condition of water, which after receiving the discharge
of pollutants will cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions or physical
deformations in organisms, animals or humans exposed to, inhaling
near, ingesting or otherwise assimilating the water.
Toxic Pollutant: any pollutant or combination of pollutants listed
as toxic in Schedule A of this article or in regulations
promulgated by the Administrator under the provisions of Section
307(a) of the Act or of other acts, or which creates a toxic effect
in the receiving waters after discharge thereto.
Unpolluted Water: water of quality equal to or better than the
effluent criteria in effect or water that would not cause violation
of receiving water quality standards and would not be benefited by
discharge to the wastewater utility.
User: any person who discharges, contributes, causes or permits the
contribution or discharge of wastewater into the wastewater
utility.
User Classification: a classification of users based on the most
recent edition of the SIC Manual prepared by the Federal Office of
Management and Budget.
Utility: the Water and Wastewater Utility of the City of Fort
Collins.
Wastewater Pretreatment Facility: any arrangement of devices or
structures used for treating wastewater before it is discharged to
the wastewater utility.
Wastewater (Sewage) : any liquid or water-carried industrial or
sanitary wastes, whether treated or untreated, including polluted
cooling water, from dwellings, commercial buildings, industrial
facilities, and institutions, which is contributed into or
permitted to enter the city's wastewater system.
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Wastewater Strength Surcharge: the rate system used to charge
intermediate nonresidential users and industrial users whose
wastewater strength is higher than normal domestic strength in the
parameters of BOD, COD or TSS.
Wastewater System, Wastewater Treatment System, Wastewater Works or
Wastewater Utility: any devices, facilities, structures, equipment
or works owned or used by the city for the purpose of the
transmission, storage, treatment, recycling and reclamation of
industrial and domestic wastes from within or without the city, or
necessary to recycle or reuse water at the most economical cost
over the estimated life of the system, including intercepting
sewers, outfall sewers, collection lines, pumping, power and other
equipment and their appurtenances, and excluding service lines;
extensions, improvements, additions, alterations or any remodeling
thereof; elements essential to provide a reliable recycled supply
such as standby treatment units and clear well facilities; and any
works, including the land and sites that may be acquired, that will
be an integral part of the treatment process or is used for
ultimate disposal of residues resulting from such treatment.
Watercourse: any natural or artificial channel in which a flow of
water occurs, either continuously or intermittently.
Winter Quarter Water Use: the average monthly amount of water
delivered through the water meter of the user during the preceding
months of December, January, and February.
Working Day: any day except Saturday, Sunday and any national ,
state or local holidays (or days of observation) during which the
office of the Utility is not open for regular business.
B. Shall and will are mandatory; may is permissive. Terms not
otherwise defined herein shall have the meanings adopted in the
latest edition of Standard Methods for the Examination of Water and
Wastewater, published by the American Public Health Association,
the American Water Works Association and the Water Pollution
Control Federation.
C. Abbreviations. The following abbreviations mean:
(1) BOD: biochemical oxygen demand.
(2) CFR: Code of Federal Regulations.
(3) COD: chemical oxygen demand.
(4) EPA (USEPA) : United States Environmental Protection Agency
(5) FOG: fats, oils and grease.
(6) 1 : liter.
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(7) LEL: lower explosive limit.
(8) mg: milligrams.
(9) mg/l : milligrams per liter.
(10) NPDES: National Pollutant Discharge Elimination System.
(11) POTW: publicly owned treatment works.
(12) RCRA: Resource Conservation Recovery Act.
(13) RWR: raw water requirements
(14) SIC: Standard Industrial Classification.
(15) SPIF: sewer plant investment fee.
(16) SWDA: Solid Waste Disposal Act, 42 U.S.C. 6901 et.seq.
(17) TSS: total suspended solids.
(18) TTO: total toxic organics.
(19) USC: United States Code.
§ 112-73. Composition of the wastewater utility.
All land sites, sanitary sewers, wastewater treatment works, their
appurtenances, equipment, materials, and supplies owned and used by the
city to collect, treat and recycle wastewater from property within the city
limits and property served by public sewers outside the city limits
constitute the "wastewater utility. " The wastewater utility constitutes
the "publicly owned treatment works" (POTW) for purposes of the Act.
§ 112-74. State and city authority.
For purposes of the Act, the Administrator or, upon delegation of state
pretreatment authority to the State of Colorado, the Director of the Water
Quality Control Division, Colorado Department of Health, is the "approval
authority" and the City of Fort Collins is the designated "control
authority. "
§ 112-75. Water board.
In addition to the duties prescribed by the Charter, the duties and
functions of the city's Water Board shall include advising the City Council
on policy matters pertaining to sewage and the sewage disposal system of
the city. In order to advise the council on policy matters pertaining to
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sewage and the sewage disposal system of the city, the Water Board is
authorized to make such studies as it may deem necessary and advisable and
to maintain contact with state and federal bodies having areas of concern
which affect the sewage treatment ability of the city.
§ 112-76. Supervision of the wastewater utility.
A. The Director shall be responsible for the supervision and
management of the wastewater system of the city and all of the
utility property and appurtenances. The wastewater system shall be
kept properly cleaned and in good working order and repair. The
Director shall manage the wastewater system for proper compliance
with all local , state and federal regulations for collection,
treatment and discharge of wastewater.
B. The Director may formulate and promulgate rules and regulations
consistent with the provisions of this article for the
administration of the wastewater utility and the implementation of
this article, to become effective upon approval by the City
Council . The Director shall have the authority to regulate the
volume and flow rate of discharge to the wastewater system, to
establish permissible limits of concentration for various specific
substances, materials, waters or wastes that can be accepted into
the wastewater system, to establish pretreatment requirements, to
specify those substances, materials, waters or wastes that are
prohibited from entering the wastewater system, to specify
standards for installation of wastewater lines and services and to
enforce local compliance with federal standards promulgated
pursuant to the Act.
§ 112-77. Unsanitary disposal of wastes prohibited.
A. It is unlawful to discharge into or upon any public highway,
watercourse or natural outlet, drain, cesspool , storm or private
sewer, or private property within the city limits or in an area
under the jurisdiction of the city, any sanitary sewage, industrial
wastes or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
article and other local , state and federal laws.
B. Stormwater and all other unpolluted drainage water shall only be
discharged to such drains as are specifically designated as storm
drains by the city. Storm drainage facilities shall be constructed
and managed as provided in Chapter 93.
C. No person shall use any water well within the city as a cesspool or
as a place to deposit wastewater or wastes of any kind.
§ 112-78. Private wastewater disposal .
A. Prior to commencement of construction of an individual wastewater
disposal system, the owner or his agent shall first obtain written
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permission from the Director for submission to the Health
Department.
B. The owner or his agent shall operate and maintain the individual
wastewater disposal facilities at his sole expense and in
compliance with all federal , state and local laws, rules and
regulations.
C. The type, capacity, location and layout of an individual wastewater
disposal system shall comply with all standards of the Colorado
Department of Health. No permit shall be issued for any individual
wastewater disposal system employing subsurface soil absorption
facilities where the area of the lot does not meet the regulations
imposed by the Health Department.
D. The contents of privy vaults, septic tanks, cesspools, grease traps
or outhouses within the city limits shall not be removed therefrom
or transported through any street, alley or public place within the
city, except in a sanitary manner, through or by means of airtight
tanks, if soft and mixed with water, or, if solid or dry, in
tight-covered tanks in such manner as will prevent the escape of
any noxious gases or offensive odors and preserve such contents
from sight or exposure during transportation. No such contents
shall be deposited or buried on any property within the city. All
tools, appliances and vehicles used in such cleaning and removal
shall be kept and maintained in sanitary condition and shall be
subject to inspection by the Health Department.
§ 112-79. Interference with wastewater utility prohibited.
It is unlawful for any person to break, damage, destroy, uncover,
deface or tamper with any property, equipment or appliance constituting a
part of the wastewater utility or to trespass upon the property of the city
and interfere in any manner with the operation of the wastewater utility or
the property, equipment, manholes, piping or appliances of the wastewater
collection system and treatment facilities. No person shall open any
public sewer manhole without the permission of the Director, or deposit any
type of refuse into sewer manholes.
§ 112-80. General penalties for violations.
A. Any person who violates any provision of this article, or other
regulation adopted by reference by this article, or rules and
regulations promulgated under this article, by doing any act
prohibited or declared unlawful , is guilty of a misdemeanor and
subject to punishment upon conviction as provided in § 1-23 of this
code and to such other penalties as are provided by this article.
B. If any user fails to comply with the rules and regulations
pertaining to the wastewater utility, or uses his or her service
for purposes not authorized, the Utility may discontinue, without
obligation, water, electric and/or wastewater service until the
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customer is in compliance with all general requirements of this
code and pertinent city ordinances, rules and regulations.
§ 112-81. Categorical pretreatment standards; preemption.
A. If the federal government issues federal categorical pretreatment
standards for an industrial category that are more stringent than
the standards prescribed by this article, said federal standards
immediately supersede the standards prescribed by this article.
The Director shall notify all affected users of the applicable
reporting requirements.
B. 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 article.
C. The city may establish limitations or requirements on discharges to
the wastewater system more stringent than federal and state
requirements or limitations initially established in this article
as deemed necessary to comply with objectives of this article.
§ 112-82. Service outside city limits.
A. Persons outside the city limits may apply for connection to the
wastewater utility for use of excess capacity of the treatment
system, but accrue no vested right to city wastewater service by
virtue of a connection to the wastewater utility. Wastewater
service will be furnished to premises outside the city limits only
if the procedures and conditions specified in Article IX are
satisfied. Users outside the city limits are subject to all
requirements and provisions of this article the same as users
inside the city limits, and no existing user outside the city
limits shall alter, change, enlarge, or extend in any manner
whatsoever the use for which the connection was made to the
wastewater utility as of the date of connection or the date of
issuance of the revocable permit (if any) , whichever is later,
without obtaining a discharge permit under this article for the
altered use and otherwise complying with the provisions of this
chapter.
§ 112-83 - 112-85. Reserved.
DIVISION 2. Service applications, permit requirements.
§ 112-86. When connection required.
A. The owner of any structure used for human occupancy, employment or
activity, situated within the city may be required at such owner's
expense to connect the structure to a public sewer, if such a
public sewer is within four hundred (400) feet of the property line
of the property upon which the structure is located. The
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connection shall be made within ninety (90) days after written
notice from the Director is served on the owner of the property
affected. In the event compliance with this section would cause
severe economic hardship to the owner served with notice and said
owner is a residential user, he or she may apply to the city for
exemption from this section. The application shall state in detail
the circumstances which are claimed to cause the economic hardship.
If severe economic hardship is found to exist and the Health
Department consents, an exemption shall be granted but only for
such time as the demonstrated hardship exists.
B. If a public sewer is not available within four hundred (400) feet
of the property line of the property upon which a house or building
is located, a private sewage disposal system shall be constructed
in accordance with applicable regulations of the Health Department.
C. At such time as a public sewer becomes available within four
hundred (400) feet of the property line of a property served by a
private sewage disposal system, the owner may be required to
connect with the public sewer as provided in Subsection A of this
section. After connection is completed, the private sewage
disposal system shall be emptied, cleaned and filled with sand or
dirt.
§ 112-87. Unlawful to connect without permit.
It is unlawful for any person to contribute, deposit, discharge or
cause to be contributed, deposited or discharged to any city wastewater
collection facility, any solid or liquid waste, unless through a connection
made or supervised and approved by the city. No person shall make any
connections with or opening into a public sewer or its appurtenances, or
alter, repair or reuse an existing private sewer, or change the category of
use of an existing private sewer without first having obtained a sewer
connection permit for the new or altered use. Changes in the use of a
private sewer may also require obtaining an industrial discharge permit as
provided in Division 6 of this article.
§ 112-88. Contents of application; requirements.
Any person desiring to make or alter a connection to the wastewater
utility or to in any way contribute wastewater to any of its collection or
treatment facilities shall apply in writing to the Utility for a connection
permit prior to commencing any work related to excavating, laying,
altering, repairing or connecting any service line. The application shall
set forth:
(1) The name, address and phone number of the owner of the property to
be served;
(2) The name, address and phone number of the applicant, if the
applicant is a contractor or plumber and not the owner.
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(3) A legal description of the premises to be served or designation of
the lot, block and subdivision number and common street address;
(4) The size of the tap;
(5) The nature of the wastewater to be discharged, and, if the
premises are to be used for industrial purposes, the applicant
shall also apply for an industrial permit and provide the
information required by § 112-128; and
(6) Any other information which the Director may deem necessary.
If any work requiring a permit is commenced without a permit first
having been obtained, the Director may immediately issue a stop-work order
until the proper permit is obtained and the offender shall pay any
additional penalties determined and established by the Director. No
building permit may be issued until all Utility application requirements
have been met.
§ 112-89. Conditions for granting permits.
A sewer connection permit will be granted if all of the following
conditions are met:
(a) The application is complete and the connection will in all
respects conform to the requirements of this article;
(b) Any main and service line stub to which the connection will be
made has been accepted by the city or if there is no existing
service line stub, the work within the public right-of-way will be
performed by a licensed and bonded contractor or plumber who is
also licensed by the city pursuant to Chapter 112A;
(c) The new or altered connection will not adversely impact other
persons whose property has been or may thereafter be connected
with the same public sewer;
(d) If the connection for new construction is to be made through an
existing service line , the service line conforms to the
requirements of this article;
(e) Any industrial use of the premises to be served by the connection
is conditioned on the application for an industrial discharge
permit pursuant to § 112-128 of this article; or on the basis of
the best information available at the time, there will be no
industrial use conducted on the premises in violation of any
pretreatment requirements and the owner agrees for self and
tenants or successors in interest to apply for an industrial
discharge permit for any industrial use.
(f) All required fees, charges and assessments have been paid, or will
be paid at the time of issuance of the corresponding building
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permit. No permit issued under this article is valid until all
fees, charges and assessments required to be paid in advance have
been paid in full .
The sewer connection permit shall contain all the information requested
in the permit application pertaining to the physical connection as well as
the fees, charges and assessments paid for the permit, the sewer rate
category for the proposed use, and any conditions imposed. It shall be
signed and dated by the person or persons authorized by the Director to
issue connection permits and by the applicant.
§ 112-90. Revocation of permit; contractor responsibilities.
A. All connections authorized by the permit shall be made strictly in
accordance with the terms and conditions of the permit and the
requirements of this article. The Director may at any time revoke
a permit because of defective work which has not been corrected
promptly after the giving of written notice or because of failure
to complete the work within the time limit specified in the permit.
B. Any licensed and bonded contractor or plumber who is the permittee
or who is under contract to the owner of the connecting premises
shall be responsible for any and all work done pursuant to the
permit, regardless of whether the work is actually done by the
contractor or by the authorized representative of such contractor.
No further permits will be issued to any such contractor or plumber
who fails to promptly and satisfactorily remedy defective work
after having been notified to do so in writing by the Director. No
contractor or plumber shall use or allow his or her right-of-way
license to be used in any way for the purpose of procuring a permit
for any person other than such licensee or the authorized
representative of such licensee.
§ 112-91. Change of ownership of existing service lines.
Where there is to be no change in the nature or quantity of the use of
the connection to the wastewater utility, a new owner of residential or
minor non-residential premises with an existing active service line
conforming to the requirements of this article may continue the use of the
service line and discharge to utility facilities upon notifying the Utility
of the change in ownership and paying any delinquent charges which are a
lien against the property. The new owner is liable for all bills for sewer
service furnished to the premises after the date of transfer of ownership.
In all other cases, the new owner must apply for a new connection permit
and any industrial discharge permit that may be required by this article.
§ 112-92. Abandonment of service lines.
A. In the case where a property owner desires to permanently
disconnect premises from the wastewater utility or to abandon and
replace the existing service line, the service line shall be cut
and tightly capped at the public sewer at the owner's expense. The
cap shall be sufficiently tight to prevent the escaping of sewer
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gas from or the infiltration of water into the public sewer and
shall be inspected and approved by the city. The work of
excavating and disconnecting the line may be done only after a plan
review by the city and the payment of an inspection fee. The
Director may require the owner to remove the service line and all
appurtenances. New wastewater services to replace abandoned
service will not be approved by the Utility until the old service
lines are permanently disconnected.
B. If the Director receives notice from the Building Inspector or the
Health Department that a structure has been condemned as not
habitable or unsanitary and dangerous to human life, any service
line serving such structure will be deemed abandoned and monthly
service charges will cease. The owner may be required to
permanently disconnect the abandoned line as provided in Subsection
A of this section.
§§ 112-93 through 112-95. Reserved.
DIVISION 3. Wastewater collection system.
§ 112-96. Individual service lines for each building required.
Each property shall be served by its own service line, and no
connection shall be made by extending the service from one property to
another property. Each building shall be served by its own service line;
however, the Director may require that a building be served by more than
one (1) service line. For purposes of this section, the term "building"
means a structure standing alone, excluding fences and covered walkways. A
separate accessory structure is a separate building. To qualify as one
building, all portions, additions, or extensions must be connected by an
attachment that is an enclosed part of the building and usable by the
occupants.
§ 112-97. Service lines: user responsibilities.
A. Installation. The owner of any property connecting to the
wastewater utility is responsible for the installation at his or
her own expense and risk, of the service line from the public sewer
to the structure served and all other wastewater pipes, machinery,
plumbing fixtures and apparatus within the property which may be
required for collecting, treating and discharging wastewater from
the premises.
B. Maintenance. The owner shall be responsible for the cleaning,
unstopping, maintenance and repair of the private sewer and at self
expense shall keep the entire service line as well as all pipes,
fixtures, appliances and apparatus on the property tight and in
good working order so as to prevent discharge of combined
wastewater or prohibited substances into the wastewater utility.
The owner shall replace at his or her expense any portion of the
service line which, in the opinion of the Director, has become so
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damaged or disintegrated as to be unfit for further use or is in
such condition as to permit infiltration into the public wastewater
system. All repairs shall be completed within thirty (30) days
after written notification from the Utility. In the event that the
owner fails or refuses to complete repairs required by the
Director, the Director may cause the repairs to be completed and
charge the owner for the costs of such repairs. If the costs of
repairs so made are not paid by the owner they may be treated as
any other delinquent utility charges due the city.
C. Who may do work. The owner shall employ a licensed contractor or
plumber to install , repair or alter service lines. For the
installation, repair or alteration of that portion of the service
line within the public right-of-way or street, the contractor or
plumber shall also be licensed by the city under Chapter 112A. The
Utility may install the service line stub from an existing public
sewer to the property line upon payment of a tap charge by the
owner. The owner is responsible for locating the service line
stubs and shall notify the Director when the service line is ready
for inspection and connection to the public sewer. Streets,
sidewalks, parkways and other property disturbed in the course of
the work shall be restored to acceptable city standards after the
connection is made.
D. Liability. The city is not responsible for any loss or damage
caused by negligence or want of care on the part of the owner, or
the contractor of the owner, in installing, maintaining, using or
operating service lines and private wastewater pipes, fixtures,
appliances and apparatus. The owner shall hold the city harmless
from any loss or damage that may be directly or indirectly
occasioned by the installation or malfunction of any service line
or private appurtenances. The owner is responsible for the costs
of repairing or replacing adjacent sidewalks, curbs and gutters
damaged by the settling of such owner's service line trenches.
E. Permission required. No alteration of, addition to, or dis-
connection from the private sewer or any public sewer or apparatus
shall be made without the prior written consent of the Director.
F. Compliance. All users shall comply with the limitations and
prohibitions placed on the discharge of wastewater from their
premises by standards set forth or incorporated by reference in
this article, as well as all other requirements of this article.
No user shall make or permit another person to make a connection to
such user's service line which would allow the discharge of
wastewater from property not otherwise served by the Utility.
§ 112-98. Wastewater service lines; general regulations.
A. Specifications, design and construction. The design, number,
location, grade and size of all service lines shall be subject to
the approval of the Director. The size, slope, alignment and
materials of construction of a service line and the methods to be
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used in excavating, placing of the pipe, jointing, and testing and
backfilling the trench and all other work shall conform to the
specifications of the Utility and the requirements of the building
and plumbing codes or other applicable codes, laws, rules and
regulations of federal , state and local entities. In the event of
a conflict, the rules and regulations promulgated by the Director
shall control . All work concerning the installation or repair of
service lines and their appurtenances is subject to inspection by
the city.
B. Connection specifications. The connection of the service line to
the public sewer shall conform to the specifications and
regulations of the city and shall only be made by or under the
supervision of the Director. All such connections shall be made
gastight and watertight.
C. Service line elevation. For all structures where the elevation is
too low to permit gravity flow of wastewater through the service
line to the public sewer, the owner of the property shall install ,
maintain and operate a lift facility for the discharge of sanitary
wastewater from the premises to the public sewer at an approved
flow rate. The lift facility shall not be used for the discharge
of combined wastewater.
D. Reuse of service lines. Service lines that have not been capped
and abandoned may be reused in connection with new buildings or
uses only when they are found to pass a pressure test and meet all
requirements of this article and solely at the risk of the user.
However, the Utility may require the modification or replacement of
existing service lines to make them suitable for the proposed use
in conformance with utility standards.
E. Runoff drain connections prohibited. It is unlawful for any person
to connect roof downspouts, exterior foundation drains, areaway
drains, sump pumps or other sources or surface runoff or
groundwater to a service line or building drain which in turn is
connected directly or indirectly to a sanitary sewer.
§ 112-99. Public sewer construction.
The extension of public sewers in the course of private development and
of public system improvements are governed by the provisions of Article IV
of this chapter.
§ 112-100. Lift stations and force mains.
A. Lift station areas. The city is hereby authorized to cause surveys
or engineering studies to be made for the purpose of determining
those areas either within or without the city which would require
the installation and operation of lift stations to accumulate
wastewater at low points or the perimeter of the collection system
and pump it to a continuation of the system at a higher elevation
or to the treatment works. The lift station areas may include
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areas outside the city which might by annexation become a part of
the city or which might require wastewater services from the city
for the purpose of preserving the health and welfare of city
residents adjacent to said areas.
B. When a lift station and force mains are required because of
development within the lift station area, the cost of their
construction is entirely the responsibility of the owners of the
property to be served thereby. If only a part of a lift station
area is initially developed, the Utility may require that the
Developer install a lift station and force mains of sufficient
capacity to serve the entire area. The City will pay the
additional cost mutually agreed to be attributable to the
oversizing requirement and collect a front foot or other
proportionate charge from property owners or developers thereafter
connecting to lines served by the lift station. Such assessment
shall be paid at the time of issuance of the sewer connection
permit.
C. All lift stations shall be planned, designed and constructed in
accordance with applicable state laws. The portion of the
wastewater system requiring lift stations and force mains shall be
designed whenever possible so as to permit an eventual connection
into a gravity system with a minimum of additional expense. Where
practicable, property owners shall provide easements and construct
lines to tie into the gravity system. Where the Director deems
necessary, the city may require deposits from the property owners
requiring the force system to pay for the eventual construction of
gravity lines.
D. Lift stations are part of the wastewater utility. When lift
stations and force mains have been installed pursuant to the
requirements of the Utility and have been inspected and accepted by
the city, then they shall become the property of the wastewater
utility. The term "lift station" as used in this section does not
include individual lift facilities prescribed in § 112-98 D.
§§ 112-101 through 112-103. Reserved.
DIVISION 4. FEES AND CHARGES
§ 112-104. Permissible fees and charges.
The Utility may adopt fees and charges which may include, but need not
be limited to, the following:
(a) Fees for all wastewater utility costs, including maintenance and
operation.
(b) Fees for reimbursement of costs of establishing and operating the
wastewater utility's pretreatment program.
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(c) Fees for monitoring, inspections and surveillance procedures,
including laboratory analysis.
(d) Fees for permit applications.
(e) Fees for connection, repairs and disconnection.
(f) Fees for inspections, surveys, development and expansion.
(g) Plant investment fees.
(h) Standby fees.
(i ) Wastewater strength and lift station surcharges.
(j) Other fees as the Utility may deem necessary to carry out the
requirements of this article.
§ 112-105. Determination of user rates; annual adjustment.
A. The City Manager shall analyze the operating and financial records
of the Utility for the previous calendar year and recommend to the
City Council not later than September 1 of each year user rates or
adjustments to be in effect from January 1 to December 31 of the
following year.
B. The City Manager shall base his or her recommendation on the actual
cost of serving each class of user, including in the consideration
costs of operating, maintaining, replacing and repairing the
Wastewater Utility's collection and treatment system, costs for
administration, personnel and billing, capital improvement costs,
the number of users and the estimated contribution of wastewater by
the users in each class. The user charges shall be revised as
necessary to assure equity of the rate system established and
assure that sufficient funds are obtained to adequately operate and
maintain the wastewater system.
§ 112-106. Classification of Users.
The users of the wastewater utility may be divided into various
classifications, including but not limited to: single-family dwelling,
duplex, multiple-family dwelling and nonresidential . Additional
classifications may be established by the city for each nonresidential user
class. Mobile home parks are to be classified as multiple-family
dwellings. Hotels, rooming houses, sororities, fraternities and similar
uses are to be classified as nonresidential uses. Each user shall be
classed into one (1) of the following categories and charged at the
applicable rate:
(1) Category A: single-family residential users (either flat rate or
metered water use. )
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(2) Category B: duplex (two-family) residential users (either flat
rate or metered water use) .
(3) Category C: multiple-family residential users (more than two (2)
dwelling units, including mobile home parks) ; and winter quarter
based non-residential users . A "winter quarter based
non-residential user" is a user who discharges only wastes of a
type and strength normally discharged by private residences, and
who discharges only wastes reasonably and regularly corresponding
to the winter quarter water use.
(4) Category D: minor nonresidential user. A "minor nonresidential
userifis a user who discharges only wastes of a type and strength
normally discharged by private residences. All nonresidential
users not subject to the provisions of Categories C, E and F
shall be classed as minor nonresidential users in Category D.
(5) Category E: intermediate nonresidential users. An "intermediate
nonresidential user" is a user listed in Divisions A, B, D, E, and
I of the SIC Manual who discharges domestic-type wastes with a
strength in excess of any of the following parameters:
(a) COD greater than three hundred (300) mg/l .
(b) Five-day BOD greater than two hundred (200) mg/l .
(c) TSS concentration greater than two hundred fifty (250) mg/l .
(6) Category F: All users who have been issued industrial discharge
permits.
(7) Category G: users outside the city limits.
(8) Category H: special . Users in this category shall include those
with whom the city has negotiated agreements to provide wastewater
collection and/or treatment, such as quasi-municipal sanitation
districts, major industries and large institutions whether within
or without the city limits. Users in this category may be
required to obtain an industrial discharge permit.
§ 112-107. Service charges.
A. Monthly service charges for wastewater utility service are
determined by category as hereinafter provided. Non-residential
users are also subject to a monthly surcharge according to the
strength and quantity of wastewater discharged into the wastewater
system as provided in § 112-108.
B. Service charges are not applicable during the original construction
period of the building or structure to be served. At the time a
certificate of occupancy is issued for the building or structure,
the charges will begin to be assessed and will continue until the
water service is disconnected.
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C. Rate determination by category.
(1) The rate for Categories A and B shall be a flat rate
representative of the actual cost of serving a typical user in
each of these categories.
(2) The rate for Category C shall be based on winter quarter water
use, in accordance with the following formula:
Cu = VwC
Where:
Cu = Users charge per billing period.
Vw = Volume of winter quarter water use.
C = A charge per unit volume of water used based upon the
cost of service per unit volume of normal , domestic-
strength wastewater.
The user is also subject to a minimum monthly charge per
dwelling unit. In the event a user was not receiving water
service during the winter quarter, the user shall nevertheless
be billed the minimum charge. If any metered water service
customer connects to the wastewater utility or makes a change
in the use of the premises or substantially expands such
premises, the Director shall make an estimate of the water
consumption on said premises during an average winter month,
based upon a count of plumbing fixtures, consumption of
similar customers or other information relevant to
determination, and such estimate, when made, shall be
basis for the wastewater service charge until the actual
winter water use for the premises can be determined.
(3) The rate for Category D shall be based upon the user's
consumption of water in accordance with the following formula:
Cu = VuC
Where:
Cu = Users charge per billing period.
Vu = Volume of water used per billing period.
C = A charge per unit volume of water used based upon the
cost of service per unit volume of normal ,
domestic-strength wastewater.
Users in Category D are subject to a minimum monthly charge
based on the size of the water meter.
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(4) The users in Category E and F shall be billed as for Category
D upon the basis of metered water consumption except where
they can show to the satisfaction of the Director that not all
of the water going through the water meter is returned to the
wastewater system but is instead consumed in process or
otherwise diverted. A metering device of a type and installed
in a manner approved by the Director may be used to measure
the quantity of wastewater returned to the public sewer and
the actual volume of wastewater discharged will be substituted
in the formula for billing purposes. Any such device shall be
installed and maintained at the user's expense.
(5) The rate for users in Category G shall be one and one-half
(1-112) times the applicable rate for equivalent users within
the city.
(6) The rate for Category H shall be determined by negotiation
with the party concerned. However, the rate shall be based
upon cost of service and shall not be less than that of
in-city users and shall include any wastewater strength
surcharges.
D. The applicable fees and charges shall be set forth in Schedule B of
this article.
§ 112-108. Wastewater Strength or Industrial Surcharge.
A. Industrial and intermediate nonresidential users in Categories E,
F, G and H shall also be subject to a monthly surcharge for
excessive strength of BOD, COD and TSS in their discharged
wastewater in addition to the base monthly service rate per volume
of water consumed or volume of wastewater discharged. The
surcharge rates shall be based on the extra costs incurred by the
city in surveillance, sampling and testing of the discharges, for
additional operating and maintenance expenses, and for any other
action required to identify, handle, process or supplement normal
activities due to the excessive strength, plus overhead charges,
and once established the rates shall be set forth in Schedule C of
this article.
B. Various surcharge categories based on customary commercial and
industrial activities and the average concentration of BOD, COD and
TSS found in wastewater from each such category shall be
established and set forth in Schedule C of this article. Each
intermediate nonresidential user or industrial user shall be
classified as one of the surcharge categories. Unless the actual
concentrations of the parameters in the user's wastewater are being
monitored under the conditions of an industrial discharge permit,
calculation of the user's wastewater strength surcharge will be
based on the average concentration values established for the
applicable surcharge category.
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C. The amount of the wastewater strength surcharge to be billed each
user shall be calculated from one of the following two formulas,
depending on whether the wastewater is more amenable to testing for
BOD or for COD, or on the selection of the Director in the absence
of monitoring:
1. CS = Vu [Bc(B) + SC(S)] or
2. CS = Vu [CODc(COD) + Sc(S)]
Where:
Cs = User's surcharge for wastewaters of excessive strength per
billing period.
Vu = Volume of water used or wastewater discharged per billing
period.
Bc = Cost of service for treatment of a unit of BOD.
B = Concentration of BOD from a user in excess of two hundred
(200) mg/l .
Sc = Cost of service for treatment of a unit of TSS.
S = Concentration of TSS from a user in excess of two hundred
fifty (250) mg/l .
CODc = Cost of service for treatment of a unit of COD.
COD = Concentration of COD from a user in excess of three hundred
(300) mg/l .
D. The Director shall determine average concentration values for other
categories as needed and shall determine the appropriate category
for individual users who may request a change in category. If
sufficient information has been submitted by the user and if the
Director finds that the evidence submitted supports the requested
change, the Director shall thereupon effect such change.
§ 112-109. Sewer Plant Investment Fees.
A. An applicant desiring to connect to the wastewater utility shall
pay the Utility a sewer plant investment fee (SPIF) as prescribed
in Schedule D of this article in addition to any other connection
fee or charge imposed by this article. This fee shall be paid in
full at the time the sewer connection permit is issued. In the
case of an increase in sewer plant investment fee rates between the
time of application for the permit and the applicant's actual
payment of sewer connection charges, the rates in effect on the
date of payment shall apply.
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B. The sewer plant investment fee shall be based on and used for
growth-related capital expansion costs of wastewater collection,
transmission and treatment facilities. The fee shall vary with the
number of dwelling units for residential users and the size of the
water meter for non-residential users. The parameters and rates
shall be approved by the Council the same as other utility charges
and reviewed annually for adjustments.
C. No wastewater utility user shall make any changes or additions to
the property served that would significantly affect the nature or
quantity of the wastewater discharged and/or cause a change in the
category of use without first obtaining the approval of the
Director and paying an SPIF based on the altered service. Such
changes include, without limitation, the replacement of an
abandoned service line, an increase in the water or sewer tap size,
an increase in the number of dwelling units or a change from
residential use to nonresidential use.
D. In the case where an existing service is being changed or replaced,
the utility will credit the user an amount equal to the SPIF that
would have been charged for the service before the change or
addition, but if the credit so determined is less than the amount
previously paid for a SPIF, the amount actually paid shall be
allowed as the credit. No cash refund shall be paid to any user
whose allowable credit exceeds the new SPIF, nor to any user who
obtains permission to decrease the level of service. The credits
prescribed by this subsection are not transferrable; they apply
only to the property served by the existing private sewer and only
to sewer plant investment fees owed to the Utility and not to other
utility fees or charges.
§ 112-110. Reimbursement assessments.
A. An applicant desiring an original connection to the wastewater
utility for premises subject to a developer's reimbursement
agreement with the city shall pay any front footage charges and
adjustments assessed to the property on account of the developer's
extension of the public sewer adjacent to the premises, if the
applicant's service line will be connected to such main directly,
and not through an ancillary collection line, and the applicant did
not participate in the original cost of its construction. This fee
shall be paid at the time the sewer connection permit is issued in
addition to all other connection charges. The applicant may not
avoid payment of this charge by requesting connection to another
main if, in the opinion of the Director, the proposed service line
is best capable of being connected to the main which is the subject
of the reimbursement agreement.
B. Except in the case of improvement districts organized pursuant to
Chapters 15 and 16 of this code, when the city extends a public
sewer as a system improvement at city expense, the Utility may
require property owners to pay their share of the cost of such
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sewer before connecting to the sewer. The amount of the charge
shall be based upon the length of the applicant's property fronting
upon the public sewer or some other basis established or approved
by the City Council and upon the original construction costs of the
public sewer, including costs for engineering and project
administration, materials and labor, and right-of-way acquisitions.
If the Utility installs a main larger than that required to serve
the sewage disposal demands of the adjacent properties, the city is
responsible for the extra cost and the adjacent owners shall not
share in the portion of the cost attributable to the oversizing.
The method of assessment shall be established at the time the
installation of the public sewer is authorized, and the payment of
the assessment shall be collected at the time the sewer connection
permit is issued. This assessment is in addition to any SPIF.
C. If a public sewer is installed through an improvement district, the
city may pay the cost attributable to any property which cannot be
assessed its full share of the cost of the line because of the
limitation based on value of property stated in § 16-20 of this
article. The owner of such property who subsequently applies for
connection to the public sewer shall reimburse the city at the time
of issuance of the sewer connection permit for the balance of the
property's assessment paid by the city.
§ 112-111. Tap charge.
If the utility installs a service line for an applicant for a sewer
connection permit, the Director will impose a charge to cover utility costs
incurred in making the tap, including all labor, material and equipment
costs, as well as an administrative charge for processing. This tap charge
will be billed to the applicant after the work is completed.
§ 112-112. Surcharge for lift stations.
Users connected to public sewers served by a wastewater lift station
may be subject to a monthly surcharge to cover the cost of operating and
maintaining the lift station for their benefit.
§ 112-113. Unpaid charges.
No person shall be permitted to use city water if the wastewater fees
and charges imposed by this article have not been paid. If a person fails
or refuses to pay such fees and charges, the Director of Finance may
collect the unpaid amounts in accordance with any remedies permitted by
this code. The Utility may not disconnect wastewater service for the sole
reason of nonpayment of fees and charges.
§ 112-114 - 112-115. Reserved.
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Division 5. Use of Wastewater System.
§ 112-116. Excessive discharge prohibited.
A. It is unlawful for any person to discharge or cause to be
discharged any stormwater, surface water, water from natural
springs and groundwater, roof runoff, subsurface drainage,
uncontaminated cooling water or unpolluted industrial process water
or like waters into any sanitary sewer, except as authorized in
writing by the director.
B. No user shall increase the use of process water or in any way
attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with any applicable
limitations set by this article.
§ 112-117. Prohibitive discharge standards.
A. No user, whether or not subject to pretreatment standards or
requirements, shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater that may interfere with
the operation or performance of the wastewater utility or pass
through the treatment system untreated or any pollutant or
wastewater that is prohibited by the national prohibitive discharge
standards. Without limiting the acts or discharge that may
constitute a violation of this section, a user shall not contribute
any of the following wastewater, substances, materials or wastes
into the utility's wastewater system:
(1) Any liquids, solids or gases which by reason or other 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 system or
to the operation of the wastewater system or utility. At no
time shall two (2) successive readings on any explosion hazard
meter, at the point of discharge into the system (or at any
point in the system) be more than five percent (5%) nor any
single reading over ten percent (10%) of the lower explosive
limit (LEL) 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 and sulfides and any other substance which the city,
the state or EPA has notified the user is a fire hazard or a
hazard to the system.
(2) Any solid or viscous substance which could cause an
obstruction to flow in the sewers or in any way could
interfere with the treatment process, including without
limitation: ashes, cinders, sand, mud, tars, gas, cement,
plaster, stone or marble dust, asphalt residues, spent lime,
wax, paraffin, paint, wood, sawdust, or shavings, straw, grass
clippings, wastepaper, plastics, metals, glass, rags, paunch
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manure, animal bones, hooves, or toenails, hides, hair or
bristles, fat, fleshings or entrails, poultry heads, feet or
feathers, whole blood, beer and distillery slops, grain
processing wastes, grinding or polishing compounds, acetylene
generation sludge, chemical residues, food processing bulk
solids, residues from refining or processing of fuel or
lubricating oil , and all other like solid materials, objects,
refuse and debris.
(3) Garbage that has not been ground or comminuted to such a
degree that all particles are less than one-fourth (1/4) inch
in any dimension and will be carried freely in suspension
under conditions normally prevailing in public sewers.
(4) Any wastewater containing a toxic or poisonous substance in
sufficient quantity, either singly or by interaction with
other substances, to injure or to interfere with any
wastewater collection system or treatment process, to
constitute a hazard to humans or animals, to create any hazard
or toxic effect in the receiving waters, or to exceed the
limitations for toxic pollutants set forth in Schedule A or in
categorical standards.
(5) Excessive amounts of ammonia nitrogen or substances readily
converted thereto or any other substance which will cause the
City to violate its NPDES permit or the receiving water
quality standards.
(6) Any substance that may cause the effluent or any other product
of the City's wastewater treatment plants, such as residues,
sludges or scums, to be unsuitable for reclamation and reuse,
or to interfere with the reclamation process where the city is
pursuing a reuse and reclamation program, or cause the City to
be in noncompliance with federal or state sludge use or
disposal criteria, guidelines or regulations.
(7) Any pollutants, including oxygen demanding pollutants (BOD,
etc. ) released at a flow or pollutant concentration which will
cause interference with the wastewater system. In no case
shall such pollutants be released at slug load.
(8) Any wastewater containing any radioactive wastes or isotope of
such half-life or concentration as may exceed limits stated in
Rules and Regulations Pertaining to Radiological Control ,
published by the Colorado Department of Health, State of
Colorado.
(9) Any wastewater with objectionable color not removable in the
treatment process, such as but not limited to dye wastes,
paint pigments and vegetable tanning solutions.
(10) Any wastewater having a pH less than five point zero (5.0) or
more than nine point zero (9.0) or wastewater having any other
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corrosive property capable of causing damage or hazard to
structures, equipment and/or personnel of the Utility.
(11) Any wastewater having a temperature which will cause the
temperature of the influent to the wastewater treatment plant
to exceed forty degrees Centigrade (40° C. ) or inhibit the
biological activity in the wastewater system.
(12) Any wastewater containing free, floating or insoluble oil or
oil , grease, or any other FOG that will solidify or become
discernibly viscous at temperatures between zero degrees
Centigrade (00 C.) and sixty-five and five-tenths degrees
Centigrade (65.5° C.) .
(13) Wastes from septic tank pumpage or vaults.
(14) Any wastewater containing BOD, dissolved solids or suspended
solids of such character and quantity that unusual attention
or expense is required to handle such materials at the
wastewater treatment plant unless pursuant to a specific
written agreement with the Utility.
(15) Any material or substance not specifically mentioned in this
section which, in itself, is corrosive, irritating or noxious
to human beings and animals or which by interaction with other
water or waste in the public sewer system could produce
undesirable effects such as preventing entry into the sanitary
sewer for its maintenance and repair or create any other
condition deleterious to structures, treatment processes and
quality of the receiving waters.
§ 112-118. Specific pollutant limitations.
A. No person shall discharge wastewater containing pollutants in
excess of the limitations on discharge set forth in Schedule A of
this article unless permitted by the terms and conditions of an
industrial wastewater discharge permit.
B. Any material or substance entering into the public sewer which
interferes with the wastewater system, even if it is within the
concentration limitations stated in Schedule A, may be prohibited
upon written notice by the Director.
§ 112-119. Accidental discharges.
A. Accidental discharge program required. Each industrial user shall
provide to the Utility written procedures for preventing and
handling accidental discharge of materials or substances prohibited
or regulated by this article at the time of application for an
industrial discharge permit or upon thirty (30) days written notice
from the Utility, whichever first occurs. The user may also be
required to provide and maintain containment facilities at the
user's expense.
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B. Notice to employees. Each industrial user shall permanently post
on a bulletin board or other prominent place at each area of
possible accidental discharge a spill prevention and notification
procedure in compliance with this section. Users shall ensure that
all employees whose work may cause dangerous discharges or who
monitor discharges are advised of the accidental discharge and
emergency notification procedures.
C. Emergency notification procedure. In the case of an accidental
discharge, the user shall immediately notify the Utility of the
incident. The notification shall include location of the
accidental discharge, type, concentration and volume of waste, and
corrective actions taken. Within five (5) working days following
the accidental discharge, the industrial user concerned shall
submit to the Director a detailed written report describing the
cause of the discharge and the measures to be taken by the user to
prevent similar future occurrences.
D. An accidental discharger is liable for any expense, loss, damage or
liability that may be incurred from injury to the wastewater system
or quality of the receiving waters, fish kills or injury to persons
or property and compliance with the notification requirements of
this section does not relieve the user from such liability nor from
any other liability or civil penalty which may be imposed by this
article or other applicable law. Failure to report accidental
discharges may, in addition to any other remedies, result in the
revocation of the user's industrial discharge permit.
§ 112-120. Variances.
Industrial wastewater of unusual strength or character or not in
compliance with the prohibitive discharge standards or Schedule A of this
article may be admitted to the wastewater system under an industrial
discharge permit or pursuant to a written agreement between the city and
any user, upon such terms and conditions and for such periods of time as
may be deemed reasonable by the Utility. Such variances or agreements
shall not be construed to waive any applicable pretreatment standards.
Variances may be considered only under the following circumstances:
(a) Compliance with the local prohibitive discharge provisions or
pollutant limitations would impose an undue hardship on the user
concerned; and
(b) Acceptance of the discharge does not adversely affect the
wastewater system nor cause violation of the city's NPDES permit;
and
(c) The user will compensate the Utility for any additional costs of
surveillance, testing and treatment.
A variance will not be allowed a user seeking relief from a limit
imposed by an applicable categorical standard unless the user also complies
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with the procedural requirements and meets the variance criteria
established by the Administrator under the Act.
§ 112-121. Pretreatment.
A. In addition to providing protection against accidental discharges,
an industrial user shall provide all preliminary treatment of its
wastewater necessary to bring its discharge in compliance with the
prohibitive discharge standards, pollutant limitations, and
pretreatment standards and requirements before the wastewater is
discharged to a public sewer.
B. To accomplish the preliminary treatment, the Director may require
that each industrial user provide and operate pretreatment
facilities, at the user's expense. Detailed plans showing the
proposed facilities and operating procedures shall be submitted to
and approved by the city prior to construction of the facility.
Review and approval of such plans does not relieve the industrial
user from the responsibility of modifying the facility as may
become necessary to produce an effluent acceptable to the city
under the requirements of this article. Any subsequent changes in
the pretreatment facilities or the method of operation shall be
reported to and be acceptable to the city prior to the user's
initiation of changes. Once installed, pretreatment facilities
shall be maintained continuously in satisfactory and effective
operation by the user at self expense.
C. This section applies to existing industrial users as well as to new
sources. Existing users shall submit pretreatment plans within
thirty (30) days of notification by the Utility to do so or prior
to introducing any industrial wastewater into the public sewer
under a new or altered use of the premises.
§ 112-122. Interceptors.
A. Grease, oil , or sand interceptors or other pretreatment facilities
shall be provided for laundries, restaurants, service stations,
auto repair shops, car washes and other nonresidential facilities
when, in the opinion of the Director, they are necessary for the
proper handling of liquid wastes containing FOG in excessive
amounts, any flammable wastes, acid or alkaline substances, sand,
or other harmful ingredients.
B. Interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They
shall be of substantial construction, watertight, and equipped with
easily removable covers, which when bolted in place, shall be
gastight and watertight. Interceptors are subject to the
requirements of the plumbing code.
C. All interceptors shall be maintained by the owner, at self expense,
in continuously efficient operation at all times and the owner
shall keep records of the dates and means of disposal of captured
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material which are subject to review by the Utility. Any removal
and hauling of the collected materials not performed by owner or
occupant personnel must be performed by currently licensed waste
disposal firms.
§§ 112-123 - 112-125. Reserved.
Division 6. Wastewater Discharge Permits; Monitoring Facilities.
§ 112-126. Wastewater discharge permit required.
It is unlawful for any person to discharge to the wastewater utility
without first obtaining a sewer connection permit as provided in Division 2
of this article and an industrial discharge permit if required by the
following sections.
{ 112-127. General wastewater discharge permit.
The sewer connection permit shall constitute a wastewater discharge
permit for a residential user or a minor nonresidential user (Categories A
through D and like persons in Category G) if the installation and
connection of the private sewer to the wastewater utility conform to all
requirements of this article and any terms and conditions imposed by the
connection permit. Sufficient information shall be provided by such
proposed users at the time of application for the connection permit to
support a determination that only wastes of a type and strength normally
discharged by private residences will be discharged from the premises.
Residential and minor nonresidential users are subject to the general
prohibitions on discharges to the wastewater utility. The permission to
discharge domestic wastes from private residential and minor
non-residential premises is transferrable with title to the premises and
remains in effect until terminated by the city.
{ 112-128. Application for industrial discharge permit.
A. A significant industrial user shall obtain an industrial discharge
permit for its discharge to the wastewater utility if its flow
exceeds twenty-five thousand (25,000) gallons per day or five
percent (5`wo) of the daily capacity of the utility treatment plant
receiving its wastes, whichever is less, or if its flow contains
toxic pollutants. A user subject to a categorical surcharge or any
other industrial user shall obtain an industrial discharge permit
if the Director determines that its flow has a significant impact,
either singly or in combination with other contributing
industries, on the wastewater utility such that interference with
any part of the wastewater system is likely to result.
B. At least ninety (90) days prior to any discharge into the
wastewater utility, a proposed industrial user or user by special
agreement (Categories E, F, H and like persons in Category G) shall
complete and file with the Director an application for an
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industrial discharge permit in the form prescribed by the city
accompanied by the appropriate fil ng fee. In support of the
application, the applicant shall submit, in units and terms
appropriate for evaluation, the following information:
(1) Name, address and phone number of the industrial facility
which will be discharging to the wastewater utility;
(2) Names, addresses and phone numbers of the operator and the
owner of the industrial facility;
(3) List of environmental control permits held by or for the
facility;
(4) SIC number;
(5) Site plans, floor plans, mechanical and plumbing plans and
details to show all sewers, connections and appurtenances by
size, location and elevation, including dual systems for
handling sanitary and industrial wastewater when required.
(6) Description of activities, facilities and plant processes to
be conducted on the premises, including each product to be
produced by type, amount, process and rate of production, type
and amount of principal raw materials and catalysts to be used
and all materials which are or could be discharged.
(7) Number and type of employees and hours of work or hours of
operation of the plant.
(8) Time(s) and duration(s) of discharge.
(9) Any other information deemed necessary by the Director to
evaluate the permit application and develop compliance
schedules for pretreatment requirements and standards,
including any of the information required by Subsection C of
this section.
C. An existing industrial user may also be required to apply for an
industrial discharge permit if it does not have one for its present
use of the wastewater utility. An application shall be submitted
(i ) within forty-five (45) days of notification by the utility of
the need to do so, or (ii) at the time of application for a
building permit for expansion or remodeling of the premises, or
(iii ) at the time of a material and significant alteration in the
quantity or quality of the wastewater being discharged, or (iv)
upon enactment of an applicable categorical standard, whichever
first occurs. A new owner of premises with an existing connection
to the wastewater utility desiring to introduce or continue an
industrial activity shall also be required to contact the Utility
and if required, apply for an industrial discharge permit in
accordance with this section.
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D. When required to apply for an industrial discharge permit, an
existing industrial user shall provide the following information in
addition to that required in subsection A of this section:
(1) Wastewater quality. The constituents and characteristics of
its wastewater as identified and determined by a reliable
analytical laboratory, including but not limited to those
mentioned in §§ 112-116 through 112-118 of this article.
Sampling and analysis shall be performed in accordance with
procedures established by the EPA pursuant to section 304(h)
of the Act and contained in 40 CFR, Part 136, as amended.
(2) Flow measurements. Average daily and thirty-minute peak
wastewater flow rates, including daily, monthly and seasonal
variations, if any.
(3) Where known, the quantity and specific nature of any
pollutants in the discharge which are limited by any
pretreatment standards and a statement regarding whether or
not the pretreatment standards 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 applicable pretreatment standards.
(4) A written description and diagram of existing pretreatment
equipment, if any, including but not limited to treatment
processes, treatment tank dimensions and retention time,
chemical supplies, operating personnel and certification, and
a plumbing diagram of the treatment system.
(5) If additional pretreatment and/or operation and maintenance
will be required to meet the pretreatment standards, a
proposed compliance schedule by which the user will provide
such additional pretreatment.
(6) Any other information deemed necessary by the Director to
evaluate the permit application.
E. In the event that the type or volume of material from the property
for which an industrial discharge permit has been previously
granted shall materially and substantially change as determined by
the Director, the permittee shall make a new application to the
city, in the same manner and form as provided in subsections B and
D of this section, for the altered use of the wastewater utility.
§ 112-129. Survey of existing industrial users.
The Director may require existing nonresidential and industrial users
who have not applied for an industrial discharge permit to provide
information needed to determine their compliance with this article. This
may be done through means of a survey or requiring periodic reports and
notification when significant changes are proposed in the quantity or
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characteristics of wastewater from their premises. If it appears at any
time from information submitted that the user is or will become a
significant industrial user, the user shall be required to apply for an
industrial discharge permit.
§ 112-130. Issuance of industrial permit.
A. Conditions for granting permits. An industrial discharge permit
shall be issued to the applicant if all of the following conditions
are met:
(1) The application is complete and the data provided has been
evaluated and accepted;
(2) The service line connection conforms to all requirements of
this article;
(3) The accidental discharge program and the pretreatment
facilities plan are acceptable to the city;
(4) The proposed discharge, taking into account any pretreatment
required , ( i ) is or will be in compliance with the
prohibitions and limitations in §§ 112-116-118 of this
article; (ii ) would permit the normal and efficient operation
of the wastewater treatment system; and (iii ) would not result
in a violation by the city of the terms and conditions of its
NPDES permit.
(5) The industrial user agrees to the pretreatment, reporting and
monitoring requirements to be imposed as conditions of the
industrial discharge permit.
B. Permit duration. Permits shall be issued for a specified time
period, not to exceed three (3) years. The industrial user shall
apply for renewal of the permit at least one hundred eighty (180)
days prior to the expiration of the user's existing permit. The
terms and conditions of the permit may be modified by the city
during the term of the permit pursuant to § 112-132. Any permit
may be revoked for failure to comply with the requirements of this
article.
C. Permit transfer prohibited. Permits are issued to a specific user
for a specific operation. A permit shall not be sold, traded,
assigned, transferred or sublet.
§ 112-131. Denial of industrial permit.
In the event that an application for an industrial discharge permit is
denied, the Director shall notify the applicant in writing of the denial .
The Director shall state the grounds for such denial with that degree of
specificity which will inform the applicant of the measures or actions
which must be taken by the applicant prior to issuance of a permit.
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§ 112-132. Permit may be conditional .
Permits shall be expressly subject to all provisions of this article
and all other applicable regulations, user charges and fees established by
the city. Permits may contain, without limitation, the following
conditions and requirements:
(a) the unit charge or schedule of user charges and fees for the
wastewater to be discharged to the system.
(b) Limits on the average and maximum concentration or mass of
wastewater constituents and characteristics.
(c) Limits on average and maximum rate and time of discharge or
requirements for flow regulation and equalization.
(d) Requirements for installation and maintenance of inspection and
sampling facilities.
(e) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
(f) Compliance schedules.
(g) Requirements for submission of technical reports, or discharge
reports and compliance progress reports.
(h) Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Utility, and affording
the city access thereto.
(i ) 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 wastewater system.
(j) Daily average and daily maximum discharge rates, or other
appropriate conditions, when substances subject to limitation and
prohibition are proposed or present in the user's wastewater
discharge.
(k) Requirements for notification of slug discharges.
(1 ) Requirements for separate systems to handle sanitary and
industrial wastewater, such that in the event of a violation or a
potential violation of the prohibitions or limitations set forth
in this article, the user's industrial wastewater may be
eliminated from the discharge to the Utility without interrupting
the flow of sanitary wastewater from the premises.
(m) Other conditions as deemed appropriate by the city.
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§ 112-133. Modification of industrial permits.
A. The terms and conditions of any industrial discharge permit are
subject to modification by the Director as the limitations,
prohibitions or requirements of this article are amended, or if
necessary to meet requirements of the city's NPDES permit, or if
other just cause exists. Any changes or new conditions to the
permit shall include a reasonable time schedule for compliance, as
determined by the Director.
B. Upon enactment of a categorical standard that is more stringent
than that imposed by the city, the industrial discharge permit of a
user subject to the standard is automatically modified to require
compliance with the standard within the time prescribed by the
federal regulation establishing the standard. The Director shall
notify the permit holder in writing of the new requirements and
within thirty (30) days of the notification, the affected
industrial user shall submit a proposed schedule for compliance.
The industrial discharge permit shall be revised to include the new
standard, the compliance schedule and the reporting requirements.
§ 112-134. Compliance schedules; progress reports.
Whenever a compliance schedule concerning pretreatment standards and
requirements is called for in this article, the following conditions shall
apply to this schedule:
(a) The completion date in the schedule shall not be later than the
compliance date established for the applicable pretreatment
standard and requirements.
(b) The schedule shall contain increments of progress specifying dates
for the commencement and completion of major events leading to the
construction and operation of new or additional pretreatment
required for the user to meet the applicable pretreatment
requirements. No increment shall exceed nine (9) months.
(c) Not later than ten (10) working days following each date specified
in the schedule and following the final date for compliance, the
user shall submit a progress report to the Director, including, as
a minimum, whether or not the user complied with the increment of
progress to be met on such date and, if not, the date on which it
expects to comply, the reason for delay and the steps being taken
by the user to return the construction to the schedule
established.
§ 112-135. Monitoring facilities.
A. Whenever required by the Director, an industrial user shall
provide, maintain and operate, at its sole expense, monitoring
equipment and facilities sufficient to allow the safe inspection,
sampling and flow measurements of the private sewer or internal
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drainage systems. The monitoring facility should normally be a
monitoring manhole situated on the industrial user's premises, but
the Utility may, when such a location would be impractical or cause
undue hardship on the industrial user, allow the facility to be
constructed in the public street or sidewalk area and located so
that it will not be obstructed by landscaping or parked vehicles.
Whenever required by the Director, a monitoring manhole shall be
installed for each separate regulated discharge to the public sewer
in accordance with plans and specifications approved by the
Director. The decision to require installation of monitoring
equipment will consider factors such as sampling frequency,
parameters, economics and physical limitations of the plant site.
B. There shall be ample room in or near the monitoring manhole or
facility to allow accurate sampling and preparation of samples for
analysis , and such manhole shall be safely, easily and
independently accessible to authorized representatives of the
Utility during normal business hours. The Director may require
that the monitoring equipment be installed in an enclosed facility
outside of the manhole.
C. Whether constructed on public or private property, the sampling and
monitoring equipment and facilities shall be provided in accordance
with the Utility's requirements and all applicable local
construction standards and specifications. Construction shall be
completed within sixty (60) days following written notification by
the Director of the requirement for installation.
§ 112-136. Sampling and analysis.
A. Each monitoring manhole shall contain a Palmer-Bowlus flume or
similar device approved by the Director with a recording and
totalizing register for measurement of the liquid quantity. At
the discretion of the Director, the metered water supply to the
industrial plant (or a measurable adjustment thereof) may be used
to determine the liquid waste quantity.
B. Samples shall be composite samples taken from the required
monitoring manhole and properly preserved in accordance with
standard methods. All measurements, tests and analyses of the
characteristics of water and wastes to which reference is made in
this article shall be determined in accordance with procedures
established by the EPA pursuant to Section 304(h) of the Act and
contained in 40 CFR, Part 136, as amended. In the event that no
special monitoring facility has been required, the point of
inspection shall be considered to be the downstream manhole in the
public sewer nearest to the point at which the private sewer is
connected to the public sewer.
C. The Director shall determine the measurements and analyses required
and the frequency of sampling for each significant industrial user
and include them as conditions of the user's industrial discharge
permit. The Director may impose mass limitations on industrial
-40-
users that use flow equalization to meet applicable pretreatment
standards or requirements and may impose them in other cases where
mass limitations are appropriate.
D. All metering and sampling shall be done by the industrial user and
an aliquot of each composite sample shall be delivered to the
Utility's laboratory for optional analysis. All measurements,
tests, and analyses shall be at the expense of the industrial user.
Any user has the option to contract with the city or any private
entity to provide such services as deemed necessary, including but
not necessarily limited to the following:
(1) Monitoring equipment.
(2) Sampling.
(3) Laboratory analysis.
E. The industrial user's sampling methods, frequency of sampling, and
analysis of samples shall be subject to inspection and verification
at any time. The industrial user shall maintain records of all
information resulting from its self-monitoring activities. Such
records shall include for all samples:
(1) Dates, times, place and methods of sampling and the name of
the person taking the sample;
(2) Dates and analytical methods/techniques used for analysis and
who performed the analysis;
(3) Results of the analysis.
§ 112-137. Reporting requirements for permittee.
A. Generally. An industrial user subject to a self-monitoring program
of sampling and analyses prescribed in its industrial discharge
permit shall submit reports of its findings to the Director as
frequently as required by the permit. If the user is also subject
to a categorical standard, additional reports such as baseline
monitoring reports and periodic compliance reports will be required
and shall be submitted in the time and manner prescribed by the
industrial discharge permit or in accordance with 40 CFR 403.12.
B. Compliance date report. Within ninety (90) days following the date
for final compliance with an applicable pretreatment standard, an
existing industrial user shall submit to the director a report
verifying that the user's regulated discharge is in compliance with
the applicable pretreatment standards and requirements. The report
shall indicate the results of sampling and analysis of the
discharge from each regulated process stream, including the average
and maximum daily flow and the nature and quantity of the
pollutants limited by the standard. The report shall also state
whether the applicable pretreatment standards or requirements are
-41-
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. This statement shall be signed by an
authorized representative of the industrial user and certified to
by a qualified professional . In the case of a new source, the
industrial user shall file the report required by this subsection
within ninety (90) days of introducing industrial wastewater into
the wastewater utility together with such information as may be
necessary to create a baseline report for monitoring compliance.
C. Periodic compliance reports. After submitting the compliance date
report, an industrial user subject to a pretreatment standard shall
report the results of self-monitoring at least semi-annually to
verify continued compliance with the limits contained in the
standard. These reports shall be submitted to the Director during
the months of June and December, unless required more frequently in
the pretreatment standard or by the Director, indicating for each
regulated process stream the nature and quantity of pollutants
limited by the pretreatment standards and a record of all daily
flows which, during the reporting period, exceeded the average
daily flow reported in the compliance date report. The report
shall explain any problems or changes in the industrial processes,
chemical usage or wastewater characteristics or flow. The report
shall be signed by an authorized representative of the industrial
user and the accuracy certified to by a qualified professional . In
the discretion of the Director and in consideration of such factors
as local high or low flow rates, holidays, budget cycles, etc. , the
director may agree to alter the months during which the above
reports are to be submitted.
§ 112-138. Falsifying information.
Any user who knowingly makes false statements, representations or
certifications in any application, record, report, plan or other document
filed with the Utility or required to be maintained pursuant to an
industrial discharge permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this
article commits a misdemeanor under this code.
§ 112-139. Trade secrets.
A. Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
some other governmental agency without restriction, unless the user
specifically requests and is able to demonstrate to the
satisfaction of the Director that the release of such information
would divulge information, processes or methods of production
entitled to protection as trade secrets of the user. Wastewater
constituents and characteristics will not be recognized as
confidential information. To claim trade secret protection, the
user must specify at the time of submitting the reports or
information that part sought to be protected.
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B. The portions of written information demonstrated to contain trade
secrets shall not be publicly disclosed but shall nonetheless be
available for use by the city or any federal or state agency in
judicial review or enforcement proceedings involving the user
furnishing the information. The director may also provide
confidential information to governmental agencies upon written
request for use in making studies or for other uses related to
enforcement of this article but shall not transmit the protected
portions until and unless the user concerned has been provided ten
(10) days written notification by certified mail or personal
service.
§ 112-140. Reserved.
Division 7. Appeals; Enforcement; Penalties.
§ 112-141. Inspections; right of access.
A. The Director may inspect the equipment and facilities of any user
at any reasonable time to ascertain compliance with applicable
ordinances, rules and regulations. Persons or occupants of
premises where wastewater is created or discharged shall allow
Utility personnel ready access to the premises for the purposes of
inspection, sampling, and records examination and performance of
any of their duties. The Utility shall have the right to set up
on the user's property such devices as are necessary to conduct
sampling, inspection, compliance-monitoring and/or metering
operations. Where a user has security measures in force which
would require proper identification and clearance before entry into
its premises, the user shall make the necessary arrangements with
the security guards so that, upon presentation of suitable
identification, Utility personnel will be permitted to enter
without delay for the purposes of performing their specific
responsibilities. While performing the necessary work on private
property, Utility personnel shall observe all security and safety
rules applicable to the premises as established by the user.
B. In the event that a duly authorized representative of the Utility
is refused admission to a user's premises, the Director may
discontinue water or wastewater service to the premises until
Utility representatives have been afforded reasonable access to the
premises and private sewer system to accomplish the inspection or
sampling.
§ 112-142. Notification of Violation.
A. Notice required. Whenever the Director finds that any person has
or is violating this article, he may serve upon such person a
written notice stating the nature of the violation and its impact
on the wastewater system and providing a reasonable time, not to
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exceed thirty (30) days, for the satisfactory correction of the
violation. A meeting with the Director may be scheduled at the
request of the violator or the Director to discuss the violation
and any proposed correction or compliance schedule.
B. Methods of service. Any notice of violation required by this
article shall be made by personal service on the violator or by
mailing the notice by certified mail to the last known address of
the violator, return receipt requested. Notices advising a person
or user of the enactment of an applicable pretreatment standard or
requirement or of an enforcement hearing shall also be served in
the same manner.
§ 112-143. Discharge in violation of prohibitions and limitations.
A. Regulatory Actions. If wastewater containing any substance
described in the discharge prohibitions or in excess of pollutant
limitations is being or has been discharged or is proposed to be
discharged into the wastewater utility, the Director may:
(1) Prohibit the discharge of the wastewater;
(2) Require payment from the person making, causing or allowing
the discharge to cover the added cost of handling and treating
the offending wastewater;
(3) Require pretreatment of the wastewater to a condition
acceptable for discharge to the public sewer;
(4) Require control over the quantities and rates of discharge
through storage facilities and flow equalization;
(5) Require the installation of dual systems and service lines to
separate the discharge of industrial wastewater from the
discharge of sanitary wastewater;
(6) Require the installation or modification of accidental
discharge procedures and facilities as necessary;
(7) Take such other or further remedial or punitive action as
deemed desirable or necessary to achieve the purpose of this
article.
B. Rejection of wastewater. The Director may immediately halt or
eliminate an actual or threatened discharge to the wastewater
utility without prior written notice if the wastewater contains
substances limited or prohibited by this article and the Director
determines that the discharge:
(1) Presents an imminent or substantial endangerment to the health
or welfare of persons or to the environment; or
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(2) Will interfere with the normal operation of the wastewater
system; or
(3) Will cause the city to violate its NPDES permit.
The Director may halt or eliminate such discharges by means of any
procedure or measure authorized by this article for enforcement of
discharge limitations and prohibitions, including, without
limitation, suspension or revocation of an industrial discharge
permit , termination of city water service or physical
disconnection of the user's service line from the public sewer.
Such discharges may be halted or eliminated without regard for
their compliance with other provisions of this article. Except in
the case of a spill where accidental discharge procedures must be
followed, the user concerned shall submit a detailed written
statement describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence within fifteen (15)
working days of the Utility's notice of violation.
§ 112-144. Revocation of permit.
A. The Director may revoke an industrial discharge permit and
terminate water and/or wastewater services of any permittee who:
(1) Violates any condition stated in the permit or any provision
of this article or applicable state and federal regulations;
(2) Fails to report an accidental discharge of a toxic pollutant;
(3) Increases the use of process water or attempts to dilute its
discharge for the sole purpose of achieving compliance with
any limitations;
(4) Falsifies any report of the wastewater constituents and
discharge characteristics;
(5) Fails to report significant changes in operations or
wastewater constituents and characteristics;
(6) Tampers with, disrupts, or destroys city monitoring and
sampling equipment or facilities.
(7) Refuses reasonable access to its premises for the purpose of
inspection or monitoring; or
(8) Fails to pay any fees or charges.
B. If the Director finds one of the grounds in Subsection A of this
section or any other ground for revocation in this article, the
Director shall determine whether to revoke the permit for the
remainder of its term or suspend it for any shorter period
according to severity of the violation, its effect on public
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health, safety, and welfare, and the time during which the
violation can be remedied if at all .
§ 112-145. Suspension of service.
A. Any user notified of the revocation of its industrial discharge
permit or privilege to use the wastewater utility shall immediately
stop or eliminate the offending discharge. If the user fails to
voluntarily comply with the suspension order, the Director may turn
off city water to the premises, and when necessary to prevent or
minimize damage to the wastewater utility or harm to any
individual , disconnect the wastewater service.
B. The Director may reinstate the industrial discharge permit or the
privilege to use wastewater utility service upon proof that the
noncomplying discharge or its cause has been eliminated and upon
the payment by the user of all costs and expenses incurred by the
Utility on account of the suspension of service and handling of
harmful discharges and any and all costs and fees for restoration
of water and/or wastewater service.
§ 112-146. Administrative appeal procedure
A. Any permit applicant, permit holder or other user affected by any
decision, action or determination, including cease and desist
orders, made by the city in interpreting or implementing the
provisions of this article or the terms of any permit issued under
this article may file with the Director a written request for
reconsideration within ten (10) working days of such decision,
action or determination, setting forth in detail the facts
supporting the request, whereupon the Director shall hold a
hearing. The request for reconsideration shall be acted upon by
the Director within ten (10) working days from the date of its
filing. The decision, action or determination shall remain in
effect during the reconsideration period.
B. If the person requesting the reconsideration is not satisfied with
the final decision of the Director, such person may file a written
appeal to the City Council within ten (10) working days after
receipt of the decision. The City Council may hear the appeal and
shall make a final ruling on the appeal within thirty-five (35)
days of the filing of the written appeal . The final decision,
action or determination of the Director shall remain in effect
during such period of review by the City Council . After the City
Council has reviewed the evidence, it shall affirm, reverse or
modify the decision of the Director and issue such further orders
and directives as are necessary and appropriate. The decision of
the City Council shall be final unless ruled otherwise by an
appropriate court.
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§ 112-147. Legal and injunctive relief.
If any user discharges into the wastewater utility contrary to the
provisions of this article, federal or state pretreatment requirements or
any order of the city, the City attorney may commence an action for
appropriate legal and/or equitable relief, including, without limitation, a
petition in a court of competent jurisdiction for a temporary restraining
order, preliminary and permanent injunction against the violation. In such
event, the city may recover reasonable attorney's fees, court costs, court
reporters' fees and other expenses of litigation from the violator if the
city prevails in the litigation.
§ 112-148. Civil liability for expenses and fines.
A. Any person violating the provisions of this article is liable for
any expense, loss or damage caused the city by reason of such
violation including, without limitation, the increased costs for
managing effluent and sludge, when such increases are the result of
the user's discharge. Such charges will be added to a user's
service charges and if not paid may be collected as other
delinquent utility charges.
B. If a user discharges pollutants that cause the city to violate any
condition of its NPDES permit and to be fined by EPA or the state
for such violation, the user is fully liable for the total amount
of the fine assessed against the city, including, without
limitation, all legal , sampling and analytical testing costs.
§ 112-149. Public notification.
The city shall annually, on or about the 31st day of December, publish
in a newspaper of general circulation within the boundaries of the city a
list of the significant violators during the twelve (12) previous months
and a summary of any enforcement actions taken during the year.
§ 112-150. Reserved.
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§ 112-151 Schedules
A. Schedule A.
Limitations on Discharge
Maximum Concentration
Com-
Grab posite
Pollutant or Pollutant Sample Sample
Property (mg/1 ) (mg/1 )
Aluminum, soluble 10.0 4.0
(as al )
Arsenic, total 0.63 0.25
(as as)
Barium, total 5.0 2.0
(as Ba)
Beryllium, total 1.0 0.4
(as Be)
Boron, total 2.5 1.0
(as Bo)
Cadmium, total 0.125 0.05
(as Cd)
Chlorinated hydrocarbons 0.2 0.08
including but not limited
to pesticides, herbicides
and algicides
Chromium, hexavalent 0.625 0.25
(as Cr+6)
total (as Cr) 6.0 2.4
Color (Platinum cobalt scale) 30
Conductivity (umhos) 3125 1250
Copper, total (as Cu) 2.5 1 .0
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Maximum Concentration
Com-
Grab posite
Pollutant or Pollutant Sample Sample
Property (mg/1) (mg/1 )
Cyanide, amenable to 2.5 1 .0
chlorination (free)
total (as CN) 5.0 2.0
Endrin (1,2,3,4,10, 0.002 0.0008
10-hexachloro-6,7-epoxy-1,
4,4a,5,6,7,8,8a-octahydro-1,
4-endo,endo-5,8-dimethano
naphthalene)
Formaldehyde 5.0 1.0
Fluorides (as F) 25.0 10.0
Iron, total (as Fe) 37.5 15.0
Lead, total (as Pb) 0.63 0.25
Lindane (1,2,3,4,5, 0.005 0.002
6-hexachlorocyclohexane
gamma isomer)
Manganese, total 1 .0 0.4
(as Mn)
Mercury, total\ 0.063 0.025
(as Hg)
Methoxychlor (1,1,1- 0.015 0.006
Trichloroethane)212-bis
(p-methoxyphenyl )
Nickel , total (as Ni ) 12.5 5.0
Nitrogen, ammonia as N 125.0 50.0
TKN (as N) 125.0 50.0
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Maximum Concentration
Com-
Grab posite
Pollutant or Pollutant Sample Sample
Property (mg/1 ) (mg/1 )
Nitrate (as N) 25.0 10.0
Nitrite (as N) 2.5 1.0
Oil and grease (FOG) 187.5 75.0
Organic solvents 50.0 12.5
PCB, total 0.0005 0.0002
pH, minimum >5.0
maximum <9.0
Phenol , total 5.0 1.0
Phosphate, total (as P) 25.0 10.0
Selenium, total (as Se) 0. 125 0.05
Silver, total (as Ag) 0.63 0.25
Solids, dissolved 3125 1250
Temperature degrees C. 65.5
(Centigrade)
Toxaphene (C10H1 0.0025 0.0010
C18-technical cl?orinated
camphene,67-69% chlorine)
Toxic Organics, total (TTO) 2. 13
Turbidity (FTU's) 60
Zinc, total (as Zn) 5.0 2.0
2,4-D(2,4-Dichlorophenoxy Not Not
acetic acid) allowed allowed
2,4,5-TP Silvex (2,4, Not Not
5-Trichlorophenoxy allowed allowed
propionic acid)
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B. Schedule B (charges and fees) .
(1) The rate for each category shall be:
Cate-
gory Class of Customer Rate
A Single-family residential $10.83 per month
B Duplex (2-family) residential $17.63 per month
user (either flat or metered
water use)
C Multiple-family residential $0.96 per 1,000 gallons
user (more than 2 dwelling of winter water use,
units) with a minimum charge
of $4.01 per month per
dwelling unit served
D Minor nonresidential $0.96 per 1,000 gallons
of water use, with a
minimum charge as follows:
Size of Monthly
Water Meter Minimum
(inches) Charge
3/4 or smaller $ 4.01
1 5.32
1 1/2 9.34
2 16.03
3 33.38
4 53.44
6 120.28
E Intermediate nonresidential $0.96 per 1,000 gallons
and of water use or measured
F Significant industrial user sewage flow, whichever
is applicable;
plus a surcharge
of $0.555
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Cate-
gory Class of Customer Rate
per million gallons for
each milligram per liter
of suspended solids in
excess of 250 milligrams
per liter; plus a surcharge
of $0.446 per million gal -
lons for each milligram per
liter of BOD in excess of
200 milligrams per liter or
a surcharge of $0.297 per
million gallons for each
milligram per liter of COD
in excess of 300 milligrams
per liter, whichever is
applicable. A minimum
charge would also be made,
if applicable, as follows:
Size of Minimum
Water Meter Monthly
(inches) Charge
3/4 or smaller $ 4.01
1 5.32
1 1/2 9.34
2 16.03
3 33.38
4 53.44
6 120.28
G Outside city limits user The rate shall be 1-1/2
times that of similar
users inside the city
limits.
H Special The rate shall be
negotiated.
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(2) Fees.
Item; Description Amount
Industrial discharge permits
Administration $54.00 annually
Surveillance Determined for each user
annually, billed monthly
Laboratory support services Obtained from Utility
laboratory
Materials and labor provided Cost plus 15%
provided by City
Miscellaneous fees Obtained from
Utility
C. Schedule C (Wastewater strength surcharge) .
(1) Charges.
Excess Over Rate per
Parameter (mg/1 ) 1,000 Gallons
BOD 200 $0.000446
COD 300 0.000297
TSS 250 0.000555
(2) Various categories.
Average Concentration for Category
BOD COD TSS
Category (mg/1 ) (mg/1 ) (mg/1 )
E-1 Meat packing 848 1,272 846
E-2 Slaughterhouses 1,420 2, 130 1,367
E-3 Dairy products processing 1, 127 1,691 445
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Average Concentration for Category
BOO COD TSS
Category (mg/1 ) (mg/1 ) (mg/1)
E-4 Fruit and vegetable canning 537 806 306
E-5 Grain mills 978 1,467 1 ,406
E-6 Bakeries 688 1,032 620
E-7 Sugar processing 395 593 274
E-8 Fats and oil processing 403 605 343
E-9 Rendering tallow 319 479 140
E-10 Beverage bottling 536 804 192
E-11 Miscellaneous food 2,961 4,442 563
manufacturing
E-12 Pulp products 157 236 477
E-13 Inorganic chemicals 89 134 3,249
E-14 Soap manufacturing 156 234 230
E-15 Paint manufacturing 481 722 1,039
E-16 Ink manufacturing 412 618 156
E-17 Leather tanning 2,039 3,059 11435
E-18 Drum cleaning 503 755 974
E-19 Restaurants 820 1,230 905
E-20 Hotels; motels 310 465 121
E-21 Fast-food service 400 600 450
E-22 Commercial laundries 596 894 367
E-23 Laundromats 219 329 87
E-24 Industrial laundries 1 ,322 1,983 1,461
E-25 Hospitals 231 347 266
E-26 Service stations 385 578 30
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Average Concentration for Category
BOD COD TSS
Category (mg/1 ) (mg/1) (mg/1 )
E-27 Beauty salons 100 150 100
E-28 Grocery stores 100 150 25
E-29 Funeral homes 300 450 275
E-30 Pet shops, grooming 350 525 350
and kennels
E-31 Schools (kitchens for 545 818 96
other schools)
E-32 Car wash 150 225 350
E-33 Schools (kitchen for 330 495 112
school only)
E-34 Domestic waste (sanitary 200 300 250
strength wastewater)
E-35 Service stations with 770 1, 156 500
recreational vehicle
dumping facility
E-36 Other categories
*Values to be determined as needed by Director.
D. Schedule D (connection fees) .
Category Plant Investment Fee (PIF)
A $1,600
B and C $1,600 (for the first dwelling unit)
$1,165 (for each additional dwelling unit)
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Category Plant Investment Fee (PIF)
Water
D, E, F Meter Size
(inches) Fee
3/4 $ 1,600
1 2,700
1 1/2 5,300
2 8,500
3 16,000
4 26,700
6 53,100
G Same as equivalent category, plus
any special sanitation district fees
H Negotiated
§§ 112-78 through 112-116. (Reserved)
Section 2. Chapter 86, "Plumbing, " adopting the 1979 Edition of the
"Uniform Plumbing Code, " is hereby amended to establish compaction
standards for the backfilling of trenches excavated in the course of
installing water and sewer lines on private and/or public property as
follows:
§ 86-2. Amendments to code.
* * * E. Section 317, Trenching, Excavation and Backfill .
(d) All excavations shall be completely backfilled as soon after
inspection as practicable. Backfill being placed in any trench
shall be compacted in layers not exceeding six (6) inches in
compacted thickness and to a maximum density of ninety-five percent
(95%) at plus or minus two percent (2%) of optimum moisture content
of standard proctor density as determined by ASTM D698. Adequate
precautions shall be taken to insure proper compactness of backfill
around piping without damage to such piping. Backfill shall
consist of clean earth which shall not contain stones, boulders,
cinder fill or other materials which would damage or break the
piping or cause corrosive action. After the backfill has been
compacted in layers as prescribed above to twelve (12) inches above
the top of the piping, mechanical devices may then be used to
complete the backfill to grade.
Section 3. All ordinances and parts of ordinances in conflict with
this ordinance and, particularly, §§2-53, §§60-1 through and including
60-19 of the Code of the City of Fort Collins, 1972, as amended, are also
hereby repealed.
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Introduced, considered favorably on first reading, and ordered
published in summary form this 21st day of October, A.D. 1986, and to be
presented for final passage on the 4th day of Novembe r A.D. 1986.
Mayor
ATTEST:
Myrk
Passed and adopted on final reading this 4th day of November, A.D.
1986,
Mayor
ATTEST-
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