[HISTORY: Adopted by the Board of Alderman of the City of Derby 8-10-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Public Works Department — See Ch. 40.
Animals — See Ch. 56.
Building construction — See Ch. 64.
Flood damage prevention — See Ch. 92.
Health and sanitation — See Ch. 99.
Septage disposal — See Ch. 151.
Zoning — See Ch. 195.
A. 
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
CHLORINE REQUIREMENT
The amount of chlorine, in milligrams per liter, which must be added to sewage to produce a specified residual chlorine content or to meet the requirements of some other objective, in accordance with procedures set forth in this section under the definition of "standard methods."
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooling and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground water, surface water and stormwater as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER AUTHORITY; AUTHORITY
The Board of Aldermen of the city sitting as a sewer authority or any successor sewer authority or sewer commission or its authorized agent or representative.
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, published jointly by the American Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM DRAIN or STORM SEWER
A sewer which carries stormwater and surface water and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Commissioner of Public Works of the city or his authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
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 sanitary sewers and wastewater treatment facilities provided.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
"May" is permissive. "Shall" is mandatory.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Derby, or in any area under the jurisdiction of said city, any human or animal excrement, garbage or objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
D. 
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at the expense of the owner(s) to install suitable toilet facilities therein and to connect such facilities directly with a proper public sewer, in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewers.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the superintendent and the State of Connecticut Department of Environmental Protection. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent and the State of Connecticut Department of Environmental Protection, to a storm sewer, combined sewer or natural outlet.
A. 
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from the superintendent. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the sewer authority at least 45 days prior to the proposed change or connection.
B. 
There shall be two classes of building sewer permits: for residential and commercial services and for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $25 for a residential or commercial building sewer permit and $100 for an industrial building sewer permit shall be paid to the city at the time the application is filed.
C. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
E. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.
F. 
The size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
G. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. 
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer, unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage.
I. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the ASTM and the WPCP Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
J. 
The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the superintendent or his representative.
K. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
A. 
Any gasoline, kerosene, alcohol, formaldehyde, disinfectants, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas and any solid, liquid or gas which, by interaction with other substances, may cause fire or explosive hazards.
B. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant.
C. 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to the sewage works and personnel of the sewage works.
D. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the sewer authority, that such wastes can either harm the sewage works, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the authority will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
A. 
Any liquid or vapor having a temperature higher than 150º F. (65º C.).
B. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32º F. and 150º F.
C. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or greater shall be subject to the review and approval of the authority.
D. 
Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not.
E. 
Any waters or wastes containing iron, chromium, copper, zinc, cyanides, nickel, lead, tin, silver, mercury and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the sewer authority for such materials. All industrial discharges must comply with the appropriate pretreatment standards of the Connecticut Department of Environmental Protection.
F. 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the authority as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies.
G. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the authority in compliance with applicable state or federal regulations.
H. 
Any waters or wastes having a pH in excess of 9.5.
I. 
Materials which exert or cause:
(1) 
Concentrations of inert suspended solids (such as but not limited to fuller's earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate) in excess of 350 milligrams per liter.
(2) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(3) 
A BOD (biochemical oxygen demand) in excess of 300 milligrams per liter or a chlorine requirement in excess of 15 milligrams per liter or in such quantities as to constitute a significant load on the sewage treatment plant.
(4) 
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
J. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
K. 
Privy, septic tank or cesspool wastes.
L. 
Any industrial or commercial wastewaters other than domestic sewage that have not first obtained the necessary permit from the Connecticut Department of Environmental Protection, pursuant to Section 25-54i of Chapter 474a of the Connecticut General Statutes, as amended,[1] are prohibited from discharging to the sewer.
[1]
Editor's Note: See now C.G.S. § 22a-430.
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 154-7 and which, in the judgment of the sewer authority, may have a deleterious effect upon the sewage works or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the sewer authority may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; or
(4) 
Require payment to cover the added cost of handling and treating the wastes.
B. 
If the sewer authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the authority and subject to the requirements of this chapter and other applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the authority and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
A. 
When required by the authority, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole or manholes, together with such necessary meters and other appurtenances in the control manholes to facilitate observation, sampling and measurement of the wastes. Control manholes shall be located and built in a manner acceptable to the authority. If measuring devices, meters and other appurtenances are to be permanently installed, they shall be of a type acceptable to the authority. All sampling, measuring and other procedures must be acceptable to and approved by the authority. Control manholes, access facilities and all related equipment shall be installed by the person discharging the waste at his expense and shall be maintained by him at his expense so as to be in safe condition, accessible and in proper operating condition at all times. Plans for the installation of the control manholes, access facilities and related equipment shall be approved by the authority prior to the beginning of construction.
B. 
All industries discharging into a public sewer shall perform such monitoring of their discharge as the sewer commission and/or other duly authorized employees of the city may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the sewer commission. Such records shall be made available upon request by the sewer commission to other agencies having jurisdiction over discharges to the receiving waters.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. When sampling the nearest downstream manhole when no control manhole is available, due consideration shall be given to the diluting effect of other sewage at the downstream manhole.
A. 
No statement contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the city and any person whereby a waste of unusual strength or character may be admitted to the sewage disposal works, either before or after pretreatment, provided that there is no impairment of the functioning of the sewage disposal works by reason of the admission of such wastes, and no extra costs are incurred by the city without recompense by the person, and provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost recovery system in effect. All such agreements are subject to approval from the Connecticut Department of Environmental Protection and the United States Environmental Protection Agency.
B. 
Prior to discharge or permission to discharge into the City of Derby sewers, the applicant industry must obtain written approval from the State of Connecticut Department of Environmental Protection, in the form of a permit, allowing the proposed discharge and must, if required by the Department of Environmental Protection or the City of Derby, install suitable pretreatment facilities and operate and maintain such facilities in a manner which will ensure a continuous and satisfactory effluent. Details of any proposed pretreatment facilities must be submitted to the sewer commission for review and approval prior to construction.
C. 
Any new discharge from a single source of domestic wastewater in excess of 5,000 gallons per day or cooling waters must be authorized by a permit from the State of Connecticut Department of Environmental Protection, Director of Water Compliance and Hazardous Substances.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Such information concerning industrial processes which have a direct bearing on the kind and source of the discharge may be obtained by the superintendent and other duly authorized employees of the city. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
While performing the necessary work on private properties referred to in § 154-15, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 154-11.
The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
Where a public sanitary or combined sewer is not available under the provisions of § 154-2, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this chapter.
B. 
Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit from the Lower Naugatuck Valley District Public Health Department.
C. 
At such time as public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 60 days in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable materials.
A. 
Any person found to be violating any provision of this chapter, except § 154-14, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not to exceed $25 for each violation.
C. 
Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.