[R.O. 2011 § 705.010; R.O. 2009 § 52.01; CC 1981 § 29-1; Ord. No. 76-11, 1-28-1976]
It is declared by the City Council that the existing waterworks and the existing sewerage system of the City shall be operated and maintained as a combined waterworks and sewerage system, and that such combined system shall include the entire existing waterworks and the entire existing sewerage system of the City, together with all future improvements and extensions thereto, whether to the waterworks or to the sewerage system or to both.
[R.O. 2011 § 705.020; R.O. 2009 § 52.02; CC 1981 § 29-33; Ord. No. 79-47, 5-16-1979; Ord. No. 07-158, 6-8-2007]
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOD
Denotes biochemical oxygen demand, the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° 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 (5) feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public or private sewer or other place of disposal.
COMBINED SEWER
A sewer designed and intended to receive and convey sewage, stormwater, including roof and street drainage and unpolluted wastewater and cooling water.
COMMON LATERAL
A lateral serving more than one (1) property or unit owner, including the potential for same.
[Ord. No. 13-178 § 4, 9-24-2013]
COOLING WATER
The water discharged from any system of condensation, air-conditioning, cooling, refrigeration or other, but which shall be free from odor and oil. It shall contain no polluting substances which would produce BOD or suspended solids each in excess of ten (10) milligrams per liter.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A system that is utilized for one (1) building lot.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
LATERAL
A private sewer pipe from a building drain to the public sewer with no other common sewer tributary to it, including the connection to the sewer.
[Ord. No. 13-178 § 4, 9-24-2013]
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NORMAL SEWAGE
Waters or wastes having:
1. 
A five (5) day biochemical oxygen demand not greater than three hundred (300) milligrams per liter; and
2. 
Containing not more than three hundred (300) milligrams per liter of suspended solids.
OFFICIAL NOTICE
The notice issued by the Superintendent upon determination that the private or individual sewage disposal system is causing a nuisance or health hazard.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PRIVATE SEWER
A sewer controlled by a private company.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public or private sewers, with no particle greater than one-half (1/2) inch in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
PUBLIC WORKS ADVISORY BOARD
The Board created under Section 125.570 et seq. of this Code of Ordinances.
[Ord. No. 22-023, 2-22-2022]
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 residence, business buildings, institutions and industrial establishments, together with such groundwater, 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.
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 fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation.
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 OR WASTE
Any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than one thousand (1,000) milligrams per liter of dissolved solids, of which not more than two hundred fifty (250) milligrams per liter shall be as chloride, with permissible volume subject to review by the Water Division of the Public Works Department; and not more than ten (10) milligrams per liter each of suspended solids and BOD. The color shall not exceed fifty (50) units. [The unit of color being that produced by one (1) milligram per liter platinum, in the form of chloroplatinate ion.] The pH shall be between six and five-tenths (6.5) and nine and five-tenths (9.5). Discharges shall not elevate or depress the average cross sectional temperature of the watercourse by more than five degrees Fahrenheit (5° F.).
[R.O. 2011 § 705.030; R.O. 2009 § 52.03; CC 1981 § 29-34; Ord. No. 79-47, 5-16-1979]
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, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
[1]
Cross Reference: As to penalty, § 705.075.
[R.O. 2011 § 705.040; R.O. 2009 § 52.04; CC 1981 § 29-35; Ord. No. 79-47, 5-16-1979]
It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.
[1]
Cross Reference: As to penalty, § 705.075.
[R.O. 2011 § 705.050; R.O. 2009 § 52.05; CC 1981 § 29-36; Ord. No. 79-47, 5-17-1979]
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 destruction of public property.
[1]
Cross Reference: As to offenses against property, § § 215.010 et seq.; as to penalty, § 705.075.
[R.O. 2011 § 705.060; R.O. 2009 § 52.06; CC 1981 §§ 29.37 — 29.39; Ord. No. 79-47, 5-16-1979]
A. 
Limited To Waste Discharge. The Director of Public Works or his/her designee and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The Director of Public Works or his/her designee or his/her 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 of source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
Observance Of Company Safety Rules, Indemnification Of Company — Exception. While performing the necessary work on private properties referred to in Subsection (A) of this Section, the Director of Public Works or his/her designee 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.
C. 
Property Through Which City Holds Properly Executed Easement Compliance With Terms Pertaining To Property. The Director of Public Works or his/her designee 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 properly executed 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 such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the properly executed easement pertaining to the private property involved.
[R.O. 2011 § 705.070; Ord. No. 16-112 § 1, 5-17-2016; Ord. No. 16-166 § 1, 8-16-2016]
A. 
As a condition of furnishing sanitary sewer service, the City shall not be responsible for damages for any failure to remove wastewater from a customer's premises, for backup of wastewater into a customer's premises or for interruption of service for any reason. The City shall not be liable for damages resulting to a customer or any other person, unless due to the negligence of the City and in the absence of any contributory negligence on the part of the customer or any other person. The City shall not be liable for damages caused by an interruption of sewer service or for damages caused by defective piping or appliances on a customer's premises or for any defect in a customer's sewer lateral line.
B. 
Overcharged Sanitary Sewer Line.
[Ord. No. 23-003, 1-17-2023]
1. 
Notwithstanding the provisions of Subsection (A), upon receipt of a damage claim that the Director of Public Works determines is the result of an overcharged sanitary sewer line, the City, in its sole discretion and subject to appropriation of funds, may pay an amount not to exceed two thousand five hundred dollars ($2,500.00) to settle the claim; provided, that no insurance proceeds, FEMA or SEMA reimbursement or payment from another source is available to pay the claim; the City is released from liability for the claim; and subject to the direction of the Director, a backwater valve is installed in accordance with the Backwater Valve Program as set forth in Sections 705.370 to 705.420.
2. 
The relief described in this Subsection (B) is not available when a backwater valve was previously installed on the premises, either while under customer's ownership or by a prior owner, as part of the Backwater Valve Program set forth in Sections 705.370 to 705.420 of the City's Code of Ordinances.
C. 
Clogged Sanitary Sewer Line.
1. 
Notwithstanding the provisions of Subsection (A), upon receipt of a damage claim that the Director of Public Works determines is the result of a clogged sanitary sewer line, the City, in its sole discretion and subject to appropriation of funds, may pay an amount not to exceed five thousand dollars ($5,000.00) per occurrence for the actual documented cost to clean up damage caused by the clogged sanitary sewer line and may pay up to ten thousand dollars ($10,000.00) per occurrence to repair damage or compensate for damaged personal property caused by the clogged sanitary sewer line; provided:
a. 
The claimant used a City preapproved contractor or a contractor acceptable to the Director to clean up the damage;
b. 
The amount paid by the City to repair the damage or compensate for damaged personal property does not exceed the actual documented total cost to repair the damage and the adjusted, actual cash value of personal property damaged as determined by the City's third party claims administrator;
c. 
The claimant fully releases the City from liability for the claim; and
d. 
Subject to the direction of the Director, a backwater valve is installed in accordance with the Backwater Valve Program as set forth in Sections 705.370 to 705.420.
2. 
In no case shall a claimant receive compensation from the City and proceeds from an insurance policy for the same damage.
[R.O. 2011 § 705.350; R.O. 2009 § 52.98; CC 1981 § 29-40; Ord. No. 79-47, 5-16-1979]
A. 
Any person found to be violating any provision of this Chapter, except Section 705.060(B), shall be served by the Director of Public Works or his/her designee 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 Subsection (A) of this Section shall be guilty of an ordinance violation. Each day in which any such violation shall continue shall be deemed a separate offense.
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.
D. 
The Director of Public Works is authorized to seek an injunction or other remedy to enjoin or prohibit any violation of any provision of this Chapter. This remedy shall be in addition to prosecution of a violation of this Chapter pursuant to Subsection (B) of this Section or any other available remedy.
[Ord. No. 18-053, 3-6-2018]
[R.O. 2011 § 705.360; R.O. 2009 § 52.99]
Any person who violates any provision of Section 705.072 of this Code shall be subject to the penalty set forth in Section 100.150.