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City of Biddeford, ME
York County
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Table of Contents
Table of Contents
[Code 1975, § 19-4(a), (b)]
(a) 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers or drains:
(1) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) 
Any pollutants, including, without limitation, oxygen demanding pollutants, either singly or by interaction with other wastes, in sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system, or that will pass through the system or create any hazard in the receiving waters of the wastewater treatment plant or causing any other interference.
(3) 
Any acidic waters or wastes having a pH lower than 5.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products.
(4) 
Solid or vicious substances in quantities or of such size as would be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders, unless approved in writing by the Director.
(5) 
Any liquid or vapor having a temperature higher than 140° F. (60° C.); provided, that such discharges do not result in a temperature at the plant influent greater than 104° F. (40° C.). In such cases where the 104° F. (40° C.) influent criterion is violated, the temperature of the wastewater from the industrial user shall be lowered to a point that will be determined by the Director.
[Amended 10-5-2010 by Ord. No. 2010.100]
(6) 
National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the act shall be met by all dischargers. An application for modification of the national categorical pretreatment standards may be considered for submittal to the regional administrator by the City when the City's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.
(b) 
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 Director that such wastes can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, or public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director 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 wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances prohibited are:
(1) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 200 milligrams per liter (mg/1) or containing substances which may solidify or become viscous at temperatures between 32° and 140° F. (0° and 60° C.).
[Amended 10-5-2010 by Ord. No. 2010.100
(2) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Director.
(3) 
Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(4) 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding local limits as published by the Director and as may be amended, or as established to meet the requirements of the state, federal or other public agencies or jurisdictions for such discharge to the receiving waters.
[Amended 10-5-2010 by Ord. No. 2010.100]
(5) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations.
(6) 
Any alkaline waters or wastes having a pH in excess of 9.0.
(7) 
Materials which exert or cause:
a. 
Unusual 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).
[Amended 10-5-2010 by Ord. No. 2010.100]
b. 
Color or turbidity in such an amount that it will prevent the City from discharging a treated effluent in compliance with the water quality standards.
c. 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant.
d. 
Unusual volume of flow or concentration of wastes constituting slugs.
(8) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment plant 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.
(9) 
Septic tank solids that are not diluted sufficiently to assure that all particles will be carried freely under all flow conditions in the wastewater facilities.
(10) 
Any waters containing metals such as, but not limited to, iron, chromium, copper and zinc, and similar hazardous or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment plant exceeds the local limits established by the Director for such material.
[Amended 10-5-2010 by Ord. No. 2010.100]
(11) 
Any waters containing organic compounds such as volatile organics, semivolatile organics, pesticides and similar hazardous or toxic substances to such a degree that any such material received in the composite wastewater at the wastewater treatment plant exceeds the limits established by the Director for such materials.
(12) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
(13) 
Any substance which may cause the City's wastewater facilities effluent or residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(14) 
Any substance which will cause the City wastewater facility to violate its NPDES permit and/or state waste discharge license certificate.
(15) 
Any substance with objectionable color not removed in the wastewater treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(16) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
[Code 1975, § 19-4(c); amended 10-5-2010 by Ord. No. 2010.100]
The City reserves the right to amend this article to provide for more stringent limitations or requirements on discharges to the City wastewater facilities where deemed necessary to comply with objectives set forth in this article and the provisions of Ord. No. 2009.46, Chapter 71 et seq., as amended.
[Code 1975, § 19-4(c)]
State requirements and limitations on discharges shall be met by all discharges which are subject to such standards in any instance in which such requirements and limitations are more stringent than federal requirements and limitations or those in this article or any other applicable ordinance.
[Code 1975, § 19-4(c); amended 10-5-2010 by Ord. No. 2010.100]
No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this division or Ord. No. 2009.46, Chapter 71 et seq., as amended.
[Code 1975, § 19-4(c)]
(a) 
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this division. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. Review and approval of such plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this section.
(b) 
Dischargers shall notify the City immediately upon the occurrence of a slug or accidental discharge of substance prohibited by this division. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken. Any discharger who discharges slugs of prohibited materials shall be liable for any expense, loss or damage to the City wastewater facility in addition to the amount of any fines imposed on the City on account thereof under state or federal law.
(c) 
Signs shall be permanently posted in conspicuous places on dischargers' premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(d) 
If, for any reason, a facility does not comply with or will be unable to meet any prohibition or limitations in this division, the facility responsible for such discharge shall immediately notify the Director so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Director detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within seven calendar days of the occurrence of the noncomplying discharge.
(e) 
Users subject to industrial pretreatment must comply with the provisions of Ord. No. 2009.46, Chapter 71, as may be amended.
[Added 10-5-2010 by Ord. No. 2010.100]
[Code 1975, § 19-4(d); amended 10-5-2010 by Ord. No. 2010.100]
(a) 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain substances in excess of the local limits or possess the characteristics which, in the judgment of the Director, may have a deleterious effect upon the wastewater works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers as per Ord. No. 2009.46, Chapter 71, as may be amended.
(3) 
Require control over the quantities and rates of discharge.
(4) 
Require payment of a surcharge to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. The amount to be assessed shall include not only the aforementioned costs but also costs of ascertaining responsibilities; the surcharges shall be assessed for the conventional pollutants of BOD, COD and TSS. Surcharges will be assessed per 100 pounds of pollutant discharged. The twenty-four-hour average concentration for BOD is 250 mg/1; for COD is 500 mg/1; and for TSS is 300 mg/1. Surcharges will be assessed for the higher of the two BOD or COD but not for both. The rate per 100 pounds shall be fixed by the Council upon recommendation of the Wastewater Management Commission. In no case shall the pollutant concentration exceed the local limit daily maximum for BOD, COD or TSS.
(5) 
Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this division.
(b) 
The Director shall notify in writing any owner or other person violating any of the provisions of this division, stating specifically the nature and degree of the violation and establishing a reasonable time limit within which the violation is to be eliminated [see Section 70-31(1)]. Failure to meet the time limit shall be considered a violation of the provisions of this section.
[Code 1975, § 19-4(e); amended 10-5-2010 by Ord. No. 2010.100]
If the Director permits or requires 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 Director, and subject to the requirements of all applicable codes, ordinances and laws, and all federal and state pretreatment requirements. Any waters or wastes containing heavy metals, including, but not limited to, arsenic, barium, cadmium, chromium, cobalt, copper, lead, nickel, tin, silver, gold or zinc, require approval of the Director prior to discharge to the City's system. Pretreatment requirements shall be as authorized in Ord. No. 2009.46, Chapter 71, as may be amended.
[Code 1975, § 19-4(f)]
Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, 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 Director and shall be located as to be readily accessible for cleaning and inspection.
[Code 1975, § 19-4(g)]
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in a condition satisfactory to the Director and be effectively operated by the owner at the owner's expense.
[Code 1975, § 19-4(h)]
Furnishing analysis, flow data, etc., required by this article shall be the responsibility of the owner. The Director will stipulate the minimum analysis and other data that shall be obtained and shall conduct such wastewater sampling and measuring programs as are required, or as requested by the owner. Expenses thus incurred by the City shall be assessed to the owner.
[Code 1975, § 19-4(i), (j)]
(a) 
Waste of unusual strength may be accepted by the City for treatment, subject to payment thereof by the industrial concern, as outlined in Section 70-91(a)(4). Under no circumstances will waste be accepted which results in the exceedance of federal standards, or technically based local limits, whichever are more stringent.
(b) 
No septage shall be discharged to the City sewer system except in compliance with this chapter.
[Code 1975, § 19-4(k); amended 10-5-2010 by Ord. No. 2010.100]
(a) 
All industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first obtain a discharge permit in accordance with Ord. No. 2009.46, Chapter 71, as may be amended.
[Code 1975, § 19-4(l); amended 10-5-2010 by Ord. No. 2010.100]
(a) 
It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the City and to the City wastewater facilities without having first complied with the terms of this division.
(b) 
Industrial dischargers shall complete and file with the City a disclosure declaration in the form prescribed by the City, and accompanied by the appropriate fee. Existing industrial dischargers shall file disclosure forms within 60 days after being notified by the City, and proposed new dischargers shall file disclosure forms at least 90 days prior to connecting to the City wastewater facilities. The disclosure to be made by the discharger shall be made on written forms provided by the City in accordance with Ord. No. 2009.46, Chapter 71, as may be amended.
[Code 1975, § 19-4(m)]
(a) 
The City may for good cause shown suspend the wastewater treatment service to a discharger when it appears to the City that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of the City wastewater facilities, or violate any pretreatment limits imposed by this division. Any discharger notified of the suspension of the City's wastewater treatment service shall cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order, the City shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The City shall reinstate the wastewater treatment service and terminate judicial proceedings pending submission of proof by the discharger that the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth in this section have been corrected.
(b) 
The City may seek to terminate the wastewater treatment services, or take other appropriate enforcement action, including issuing a compliance order, to any discharger which fails to:
(1) 
Factually report the wastewater constituents and characteristics of its discharge;
(2) 
Report significant changes in wastewater constituents or characteristics;
(3) 
Refuses reasonable access to the discharger's premises by representatives of the City for the purpose of inspection or monitoring; or
(4) 
Violates the conditions of this division or any final judicial order entered with respect thereto.
(c) 
Whenever the City finds that any discharger has engaged in conduct which justifies termination of wastewater treatment service pursuant to Subsection (b) of this section, the City shall serve or cause to be served upon such discharger a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within three days of the date of receipt of the notice, the discharger shall respond personally or in writing to the City advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary establish a plan for the satisfactory correction thereof.
(d) 
Where the violation of Subsection (b) of this section is not corrected by timely compliance by means of administration adjustment, the City may order any discharger which causes or allows conduct prohibited by Subsection (b) of this section to show cause before the City or its duly authorized representative why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the City or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the City or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than three days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger. The proceedings at the hearing shall be considered by the City, which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.
(e) 
Following the entry of any order by the City with respect to the conduct of a discharger contrary to the provisions of Subsection (b) of this section, the attorney for the City may, following the authorization of such action by the City, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
(f) 
A list of all significant dischargers which were the subject of enforcement proceedings pursuant to this section during the 12 previous months shall be published annually by the City in the largest daily newspaper published in the City, or by the largest daily newspaper servicing the City, summarizing the enforcement actions taken against the dischargers during the same 12 months whose violations remained uncorrected 45 or more days after notification on noncompliance, or which have exhibited a pattern of noncompliance over that twelve-month period, or which involve failure to accurately report noncompliance.
(g) 
Any discharger or any interested party may, within two days of any action by the City for which an interpretation or ruling is requested, make a request in writing for an interpretation or ruling on any matter covered by this division, and the City shall provide a prompt written reply. If such inquiry is by a discharger and deals with matters of performance of compliance with this section for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this division may be taken in accordance with local and state law.
(h) 
Any discharger which experiences an upset in operations which places the discharge in a temporary state of noncompliance with this division shall inform the City thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the person with the City within five days. The report shall specify:
(1) 
Description of the upset, the cause thereof, and the upset's impact on a discharger's compliance request.
(2) 
Duration of noncompliance, including exact dates and times of noncompliance, and, if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) 
All steps taken or to be taken to reduce, eliminate and prevent reoccurrence of such an upset or other conditions of noncompliance.
A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this division which arises out of violations alleged to have occurred during the period of the upset.
(i) 
The pretreatment manager shall promulgate an enforcement response program, setting out the procedure to be followed in cases of violations of any permit, compliance order or standard. The response program shall establish a uniform administrative process.
[Code 1975, § 19-4(n)]
All discharges subject to this division shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant to this division shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
[Code 1975, § 19-4(o)]
(a) 
It is the purpose of this division to provide for the payment of fees from dischargers to the City's wastewater disposal system, to compensate the City for the cost of administration of the pretreatment program established in Ord. No. 2009.46, Chapter 71, as may be amended.
[Amended 10-5-2010 by Ord. No. 2010.100]
(b) 
The City shall adopt charges and fees which may include:
(1) 
Fees for monitoring, inspections and surveillance procedures.
(2) 
Fees for filing appeals.
(3) 
Fees for reviewing accidental discharge procedures and proposed construction work at the industrial discharger's facility.
(4) 
Analysis of compliance monitoring conducted by the POTW on an industrial user's waste stream, which shall be billed directly to that industrial user.
[1]
Editor's Note: Former Section 70-102, Industrial wastewater monitoring and reporting, adopted as § 19-4(s) of the 1975 Code, was repealed 10-5-2010 by Ord. No. 2010.100. For current provisions, see Ch. 71, Utilities/Industrial Sewer Use.
[Code 1975, § 19-4(p) — (r); amended 10-5-2010 by Ord. No. 2010.100]
(a) 
If any provision, paragraph, word, subsection or section of this division is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, subsections and sections shall not be affected and shall continue in full force and effect.
(b) 
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this division are hereby repealed to the extent of such inconsistency or conflict unless otherwise noted.
[Ord. of 11-8-1995]
(a) 
Agreement. The following rules and regulations, and such regulations as may be hereafter established by the Street Committee shall be considered binding with every customer who uses the sewer, and such customer shall be bound thereby.
(b) 
Definitions and statements.
APPLICANT
The same as customer and may be used interchangeably.
CUSTOMER
Any person, firm, corporation, governmental unit or subdivision supplied with sewer service by the City and is the owner or agent thereof for the property being serviced.
SERVICE CONNECTION
The point of connection of the customer's piping at the City main.
All sewer mains within the limits of the highway, of appropriate easements, including manholes and appurtenances, shall be owned and maintained by the City of Biddeford. From the service connection at the main in the right-of-way to the premises served, shall be owned and maintained by the customer.
SEWER MAIN(S)
The pipe or pipes which convey the customer's effluent away from his premises. The sewer main is generally dedicated for sanitary purposes, however, a combined storm drain/sewer line may also serve a sewer main in the absence of a dedicated line if the combined line was in use for this purpose.
Sewer mains installed in a private road (not City accepted) as part of a private subdivision shall remain the property of the developer. These lines will not be accepted by the City for the operation and maintenance unless the roadway is accepted by the City in the future. Construction of the sewer lines will be in accordance with state and City requirements.
SEWER SERVICE
The connection between the tap at the City main and the customer's source of sewage and shall include all of the pipe, fittings, and couples necessary to make the connections.
(c) 
Enforcement. Any violation of the rules and regulations hereby established or failure on the part of any customer utilizing the sewer to promptly pay any and all claims of the Department, shall be considered sufficient cause for the Sewer Department to take the appropriate steps as allowed by law to recover their interests.
(d) 
Required use. As specified in federal, state and local ordinances and/or regulations all buildings located within a reasonable distance from said sewer connection or reasonable extension thereof shall be connected to the municipal sewer determined by the authorized agent of the City of Biddeford. Any request for a variance will be appealed as outlined in Section 70-104(o) of these general rules.
(e) 
Application for service. All applications for sewer entrances must be made at the City Clerk's office stating fully and truly the uses to which the entrance is required. Such applications must be signed by the customer or his duly authorized agent. A fee of $500 shall be made with each application before work is begun on a new service. If the service as determined by the authorized City representative must enter a manhole then this connection requires boring and the proper booting contractor should secure a private company to do this work. In the event no private company is available, then the City can be contracted for the boring and an additional $500 must be paid for this work.
[Amended 2-4-2020 by Ord. No. 2020.6]
All septage haulers that discharge septage waste at the Biddeford WWTP shall be licensed by the Sewer Department. License fee of $25 per year will be paid on or before July of each year. If no violations occur in that twelve-month period, the next year's license will be granted at the same charge. Failure to obtain a license or revocation of the license will prohibit the septic hauler from pumping septic tanks within the City of Biddeford or discharging any waste at the Biddeford WWTP.
Exceptions:
(1) 
Subdivisions: The entrance fee for subdivisions shall be the entrance fee of $400 plus $100 per lot. Said charges to be paid before the subdivision will be opened for use.
(2) 
Easements: Certain sewer easements may exempt the customer from the entrance fee. This will be clearly stated in the easement itself.
(3) 
Liens: See Section 70-104(p).
(4) 
Apartments and condominiums: The entrance fee for an apartment building/complex or for a condominium complex shall be the entrance fee of $400 plus $100 per unit. These charges shall be paid before the connections are started.
(f) 
Size of service. The minimum size of the service connection shall be four inches. Actual sewer services may be four inches or six inches as the situation dictates. Any sewer serving a single building containing three or more units will be a minimum of six inches.
(g) 
Installation.
(1) 
The customer shall make arrangements and pay for the remaining sewer service from the service connection at the main to the house entrance. Service pipe and fixtures shall conform to the requirements of the Sewer Ordinance (Article II of Chapter 70 of the Municipal Code of Ordinances).
(2) 
A minimum slope of 1/4 inch per foot (two-percent slope) and a minimum of three feet of cover is standard practice for sewer service as stated in the design and construction of sanitary and storm sewers, MREP No. 37 or MOP No. 9. One-way valves are recommended for all lines and are required when sewer services are installed at minimum slope.
(3) 
Except as provided in the Sewer Ordinance or approved by the Street Committee each building shall have an independent sewer connection.
(4) 
Ordinarily no new sewer services or extensions for mains will be installed during winter conditions (November 15 to April 15) unless the customer shall defray all extra expenses incurred.
(5) 
Service connections shall not be made in manholes unless the depth of the sewer main is in excess of 15 feet in which case an inside drop may be used if approved by the City Engineer or an authorized City representative. All services entering a manhole will be bored and booted.
(h) 
Pipes and fixtures.
(1) 
No persons except those duly authorized by the City Council as specified in Section 70-28 of the Code of Ordinances of the City of Biddeford will tap any sewer main or connect any sewer service thereto.
(2) 
Applicants desiring more than one sewer service on the same premises shall pay all costs in connection therewith.
(3) 
Repairs and/or modifications to applicant's service connections, whether required as a result of freezing or other causes, will be charged to the customers on a cost basis. All work must be done under authorization and/or supervision of the authorized City representative.
(4) 
No service pipe shall be laid in the same trench with gas pipes, water pipes, or any facility of a public utility not within three feet of any open excavation or vault.
(5) 
No cross connection between the sewer service and any drainage appurtenances will be allowed. No connection capable of causing blockages in the City mains or enabling drainage overflows into the sewer will be permitted.
(i) 
Connecting and disconnecting. Twenty-four hours' advance notice is required for connecting and disconnecting sewer connections. The requested service will be provided as soon as possible thereafter. All expenses involved will be the responsibility of the applicants. Overtime charges at the rate of time and 1/2 will be charged before or after duty hours, with a minimum two-hour charge.
(j) 
Miscellaneous charges. Charges for labor and material shall be billed upon completion of the work which the bill covers. If such bills are not paid within 30 days, the sewer will be disconnected or become a lien on the property or both. Collection procedures will be taken and any costs will be charged to the customer.
(k) 
Interruption of service. The City of Biddeford reserves the right to shut off service temporarily whenever it becomes necessary to make extensions, alterations or repairs.
(l) 
Violations.
(1) 
Failure to pay charges when due or violations of any regulations established by the street committee whether by a current or past owner shall result in the filing of an attachment against the property being served as provided by state statutes. The customer shall be responsible for all costs associated with the filing.
(2) 
Violations for septage haulers that will be cause for revocation of license include but not limited to:
a. 
Failure to pay monthly bills in a timely manner.
b. 
Failure to pretreat septage hauled as requested by the Superintendent and/or plant operator of the WWTP.
c. 
Failure to notify the Superintendent and/or plant operator of the WWTP of the strong or abnormal waste prior to discharge to any point in the City's collection system or treatment works.
(3) 
Failure to provide required information on dump slips.
(4) 
Revocation of the license will be subject to a majority vote of the City Council. The septage hauler will be notified of the date of the hearing and may be present to defend the charges.
(5) 
A septage hauler that has had his/her license revoked has the right to appeal to the City Council.
(m) 
Inspection. Any employee acting as authorized representative of the City of Biddeford with proper identification shall be allowed access to the customer's premises between the hours of 8:00 a.m. and 6:00 p.m. for examination of pipes, fixtures, connection, and the manner of use. In case of emergency, no prior notice need be given and, in the event of refusal of entry, application can be made to the courts for an appropriate order with all legal costs being charged to the customer.
(1) 
Any residence or commercial establishment found to have roof, drain, floor drain, foundation drain, etc. (refer to Section 70-73 Biddeford Code of Ordinances) hooked into the City sewer after August 15, 1978, upon notification will cease such violation within 30 days or be subject to penalties as stated in the Biddeford Code of Ordinances Section 70-31.
(2) 
Any residence or commercial establishment found to have items (refer to Section 70-73), tied into the City sewer system prior to August 15, 1978, shall pay a minimum fee of $75 to offset the costs of required additional treatment. A higher fee may be set if excessive quantities of inflow are discharged. This determination will be made by the environmental specialist or Director of Public Works.
(n) 
Rates.
(1) 
Actual rates are as recommended by the Street Committee and are reviewed annually. The City Council shall approve all rate recommendations.
(2) 
All property owners are liable for the entire cost of installation, maintenance, repairs, alterations or removal from their house to their service connection at the main.
(3) 
Labor rate of $12.50 per hour. Minimum labor charge of two hours. Overtime charges at a rate of time and 1/2 will be charged before or after duty hours being 7:00 a.m. to 3:00 p.m. with a minimum two-hour charge.
(4) 
Any calls for a sewer blockage at the same address that exceeds three calls in a twelve-month period and are determined to be the owners problem in each case will subject to the charges stated herein.
(5) 
Rates for special equipment shall be as follows:
a. 
Sewer jet $110 per hour with a two-hour minimum charge.
b. 
Dye testing $40 per one hour minimum charge.
c. 
Boring machine $300 per hole (when machine becomes available).
If another community needs emergency help, the above charges will be negotiable or won't apply.
(6) 
All monies from fees and rates charged will be placed into a special account within the sewers and drains budget to offset capital and ongoing costs created by the adoption of these general rules. Excess revenue will be reflected in the following years recommendation for fees and rates.
(o) 
Variance/appeals.
(1) 
All requests for variances or appeals to these regulations and the Sewer Ordinance are to be directed to the Street Committee all requests to meet with the street committee must be received at least two weeks prior to the meeting to allow for proper notification. Appeals of street committee decisions go to the City Council.
(2) 
Total variance from the mandatory use requirement [Section 70-104(d)] will not be granted as that violates state and federal laws. Time extensions will be granted for good causes allowing more than 90 days for the hook-up period. Conditional variances are possible.
(3) 
The Street Committee recognized that some buildings might be located in excess of 500 feet from the sewer line while the property line may be within five feet. In these situations, the committee will consider requests for variances and make a decision based on the specific conditions involved. A conditional variance may be granted.
(p) 
New mains and liens.
(1) 
When a subdevelopment is built, the costs of all work associated with the installation of sewer service is borne by the developer as provided in the Subdivision Ordinance and Construction Ordinance.
(2) 
Should the City of Biddeford install a main line or extend a sewer main, whether by petitions of the abutters or for the public good, the total City cost shall be determined and be proportionate cost for each abutter shall become a lien on such abutting property as provided by the construction ordinance. Payment must be made prior to any connection to the City line and may be arranged through the City treasurer. Note: Payment of a lien supersedes the entrance fee, provided it is larger than the entrance fee as outlined in Section 70-104(e).
(3) 
Any individual dissatisfied with the determination of his/her proportionate share of costs may appeal as outlined in Section 70-104(o).
(4) 
If an individual/company beyond the terminus of an existing sewer main desires to connect to the line, that individual/company shall extend the sewer main along his/her entire lot frontage (or to the limits of gravity flow with the City of Biddeford). All costs for this extension shall be borne by the individual/company unless the extension is installed via petition in which case the preceding paragraphs dealing with liens overrides this paragraph.
(q) 
Changes to these rules and regulations. The forgoing rules and regulations are subject to change with the pleasure of the Biddeford Street Committee, but all such changes will be given reasonable publicity and final approval will be the decision of the City Council.