[Code 1975, § 19-61]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person with whom an applicant under this article has a
direct financial, business or management interest.
Not only the ability of the treatment plant to physically
receive a particular amount of flow per day but the ability of the
treatment plant to properly and effectively treat the flow within
all limits established by any federal or state license.
The placement of the foundation, whether a frost wall, floating
slab, or complete cellar, the walls and/or the floor of which must
be considered complete by the Building Inspector.
[Code 1975, § 19-62]
(a)
No person may undertake any development activity which will create
new wastewater flow into the City sewer system or which will increase
existing flow from any property without first obtaining a sewer use
permit from the City Engineer under this article. Sewer use permits
shall not be required for the replacement or addition of plumbing
fixtures within existing residential units.
(b)
Neither the Building Inspector nor the Plumbing Inspector may issue
any building permit, occupancy permit, or any other type of permit,
to anyone who, prior to September 18, 1990, had received a sewer use
permit under this article, or for any project appearing in the appendix
to the ordinance from which this chapter was derived which is on file
in the City Clerk's office, unless the applicant presents a certificate
from the City Engineer that the applicant has complied within the
provisions of this chapter.
(c)
Regardless of allotted capacity, as determined for any period, and
as shown in the documents on file in the City Clerk's office for any
period, no sewer use permit may be issued during periods when no capacity
remains, as determined by the City Engineer. The prohibition set forth
in this subsection applies notwithstanding any other provision of
this chapter.
[Code 1975, § 19-60]
(a)
The design capacity of the wastewater treatment plant, 6,500,000
million gallons per day, is met or exceeded during spring runoffs
when groundwater, infiltration, inflow, cellar sumps and yard drains
are tied into the sewer system. Rainfall also leads to exceeded capacity
by entering through combined sewer systems and roof drains. These
flow conditions overburden hydraulic equipment at the treatment plant
causing overflow situations. Current average hydraulic loading to
the treatment plant is between 2,000,000 million and 3,300,000 million
gallons per day. Current design is 6,500,000 million gallons a day.
[Amended 2-4-2020 by Ord. No. 2020.6]
(b)
During periods when no remaining capacity exists, new flow into the
system will be prohibited until capacity is restored or created through
upgrade or removal of infiltration and inflow or other methods. Educational
efforts will be required by both the public and private sectors to
encourage conservation, to help create available capacity.
|
While the City is taking steps to cure these problems and to
increase the system's capacity, these steps cannot all be accomplished
immediately. Accordingly, it is the intent of this article that new
or additional sewage be discharged into the system in moderate amounts
to permit some growth and to ensure that any excess capacity which
develops is portioned out fairly and over a period of time until the
City has taken all steps necessary to cure the system's problems and
significantly increase its capacity.
|
(c)
An additional element of this article is the implementation of voluntary
and mandatory conservation measures designed to effectively increase
available capacity.
(d)
Because existing plant capacity could be greatly exceeded if immediate efforts are not undertaken to control and manage new wastewater flow and because this article is a vital part of the City's efforts to plan for orderly growth, the City Council determines that the facts justifying this article constitute an emergency within the meaning of Article III, Section 8, of the Charter.
(e)
It is the intent of the City to establish, in the long run, a program
under which anyone seeking to enter new flow into the system will
be required to remove a defined percentage of the amount of the proposed
new flow through the elimination of infiltration and inflow. Once
the inflow and infiltration removal program is in place, the allocation
system may be eliminated.
[Code 1975, § 19-63; amended 2-4-2020 by Ord. No. 2020.6]
(a)
At the time of any reenactment or amendment of this article, and
at such other times as the City Council may direct, the City Engineer
shall establish the total remaining capacity of the wastewater treatment
plant, determine the nature and extent of efforts to remove infiltration
and inflow from the system, and report that information to the City
Council.
[Code 1975, § 19-69; amended 2-4-2020 by Ord. No. 2020.6]
The capital improvement program shall be reviewed and monitored
by the City Council through the City Engineer to determine the program's
effectiveness. Amendments deemed necessary should be made at the time
of renewal under this section or at such times as deemed necessary
by the City Council.
[Code 1975, § 19-72]
Any person who violates this article commits a civil violation
for which a forfeiture of $2,500 shall be imposed. Each day of violation
constitutes a separate violation. The City Solicitor, in addition
to seeking forfeitures, may request injunctive relief, as necessary.
[Ord. of 6-21-1994]
The provisions of this Article III (Wastewater System Capacity Management), of the Biddeford Code of Ordinances, as most recently revised and ordained on March 5, 1991, be renewed in its entirety in accordance with the provisions of Section 70-130 hereof, and that this measure take effect upon passage.
