[R.O. 2006 §710.010; Code 1975 §62.010; CC 1985 §25-25; Ord. No. 95.01 §1, 3-2-1995; Ord. No. 95.60 §1, 4-4-1996; Ord. No. 07.33 §1, 6-7-2007; Ord. No. 10.26 §1, 6-21-2010]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ACT
The Federal Clean Water Act as amended.
APARTMENT
A room or suite of rooms located in a building in which there are three (3) or more such rooms or suites.
ASTM
The American Society for Testing and Materials.
BOD (DENOTING BIOLOGICAL OXYGEN DEMAND)
The quantity of oxygen used 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.
BUILDING DRAIN
The 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 a building wastewater plumbing facility to the public or private wastewater facility.
COMBINED SEWER
A sewer intended to receive both wastewater and storm or surface water.
COMMERCIAL ESTABLISHMENT
A place where commodities or services are exchanged, bought or sold.
COMMERCIAL USER (CLASS II)
Any property occupied by a non-residential establishment not within the definition of an "industrial user (class III)" and which is connected to the wastewater facilities, or which discharges to any private treatment system or discharges to any natural outlet.
CONDOMINIUM
A legal arrangement in which a dwelling unit in an apartment building is individually owned but to which the common areas are owned, controlled and maintained through an organization controlled by the individual owners.
DAY
The twenty-four (24) hour period beginning at 12:01 A.M.
EASEMENT
An acquired legal right for the specific use of land owned by others.
EPA
The United States Environmental Protection Agency.
FAMILY
An individual or two (2) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel as herein defined.
FAST-FOOD ESTABLISHMENT (abbreviation - FF)
A business that serves food to customers in a counter service fashion for consumption on the premises or for carry-out and with use of plates, cups and eating utensils which are not reused.
GARBAGE
The solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, preparation, cooking and serving of foods.
GROUND WATER
Water within the earth.
HEARING BOARD
The Board appointed by the Board of Aldermen to hear appeals under this Chapter.
HOTEL
A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boarding house, a lodging house or an apartment.
INDUSTRIAL USER (CLASS III)
Any non-residential user identified in Division A, B, D, E or I of the Standard Industrial Classification Manual. Class III shall also include any user which discharges wastewater containing toxic or poisonous substances, or any substance causing interference with the wastewater facilities, either public or private.
INTERFERENCE
Inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system or their operation, which substantially contributes to a violation of applicable discharge permits.
MOTEL
A building or group of buildings used primarily for the temporary residence of motorists or travelers, for compensation, as such it is open to the public and which does not contain kitchen facilities or a cook stove.
MULTI-COMMERCIAL
A building designed for or occupied exclusively by two (2) or more commercial entities (i.e., office, retail, professional), not individually metered or designed to be individually metered.
MULTI-FAMILY/MULTI-RESIDENTIAL
A building designed for or occupied exclusively by two (2) or more families, not individually metered or designed to be individually metered.
NATIONAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, Lake of the Ozarks, intermittent stream, spring, creek or any other body of surface or ground water.
NPDES
National pollutant discharge elimination system permit program, whether administered by the EPA or by the State.
OFFICE BUILDING
A building composed of offices sharing common walls and corridors.
OFFICE/RETAIL
An office building, a medical clinic or a professional building or any other facility where office space is provided or service, retail or wholesale activities occur and where goods are not consumed or used on the premises and which is not classified otherwise.
OWNER
The person or persons who legally own, lease or occupy private property with wastewater facilities which discharges to a privately-owned treatment facility such as, but not limited to, a septic tank.
pH
The logarithm of the reciprocal of the hydrogen concentration expressed in grams per liter of solution as determined by standard methods.
PLANT CAPACITY FEE
The plant capacity fee is the buying capacity in the existing or future wastewater treatment plant (WWTP). It is a one-time fee for development.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to discharge to the City's treatment facility.
PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users.
PROPERLY SHREDDED GARBAGE
Garbage that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in the wastewater sewers, with no particle greater than one-half (½) inch in any dimension.
RESIDENTIAL USER (CLASS I)
All premises used only for human residency and which is connected to a wastewater facility.
RESORT
Any building or group of buildings used primarily for the temporary residence of motorists or travelers, for compensation, and as such is open to the public and which contains kitchen facilities and/or a cook stove.
RESTAURANT ESTABLISHMENT
A business that sells and serves food to customers for consumption on the premises, which use of reused plates, cups, glasses and eating utensils.
SANITARY WASTEWATER
Wastewater discharged from the sanitary conveniences of dwellings, office buildings, industrial plants or institutions.
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 minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.
STANDARD METHODS
The latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.
STORM SEWER
A sewer for conveying storm, surface and other waters, which is not intended to be transported to a treatment facility.
SUPERINTENDENT
The Public Works Director or his/her representative, deputy or agent.
[Ord. No. 13.57 §5, 9-19-2013]
SURFACE WATER
Water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil.
SUSPENDED SOLIDS
The total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater as determined by Standard Methods.
TOXINS
Any of the pollutants designated by Federal regulations pursuant to Section 307(a)(1) of the Act.
UNSEWERED AREA
Any property within the City limits without City sewer connection.
WASTEWATER
A combination of liquid- and water-carried waste from residences, commercial buildings, industries and institutions, together with any ground water, surface water or stormwater that may be present.
WASTEWATER FACILITY
The combination of the wastewater sewers and treatment facilities.
WASTEWATER SEWER
The structures, processes, equipment and arrangements necessary to collect and transport wastewaters to the treatment facilities.
WASTEWATER TREATMENT FACILITY
The structures, processes, equipment and arrangements necessary to treat and discharge wastewater.
WATERCOURSE
A channel in which a flow of water occurs either continuously or intermittently.
WPCF
The Water Pollution Control Federation.
[R.O. 2006 §710.020; Code 1975 §62.020; CC 1985 §25-26]
The purpose of this Chapter is to provide for the maximum possible beneficial public use of the City's wastewater facilities through regulations of sewer construction, sewer use, and wastewater discharges, to provide for equitable distribution of the costs of the City's wastewater facilities, and to provide procedures for complying with the requirements contained herein.
[R.O. 2006 §710.030; Code 1975 §62.030; CC 1985 §25-27]
A. 
The provisions of this Chapter shall apply to the discharge of all wastewater to facilities of the City. The Chapter provides for use of the City's wastewater facilities, regulation of sewer construction, control of the quantity or quality of wastewater discharged, wastewater pretreatment, equitable distribution of costs, assurance that existing customer's capacity will not be preempted, approval of sewer construction plans, issuance of wastewater discharge permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this Chapter.
B. 
This Chapter shall apply to the City and to persons outside the City who are, by contract or agreement with the City, users of the City's wastewater sewers or wastewater treatment facilities.
[R.O. 2006 §710.040; Code 1975 §62.040; CC 1985 §25-28]
Except as otherwise provided herein, the superintendent of the City's wastewater systems shall administer, implement, and enforce the provisions of this Chapter.
[R.O. 2006 §710.050; Code 1975 §62.110; CC 1985 §25-29]
Public notice shall be given in accordance with applicable provisions of the City ordinances, State and Federal law prior to adoption of any amendments of this Chapter.
[R.O. 2006 §710.060; Code 1975 §62.080; CC 1985 §25-30]
A. 
The superintendent, when bearing proper credentials and identifications, shall be permitted to enter private properties at any reasonable time for the purposes of inspection, observation, measurement, and sampling of the wastewater discharge to ensure that discharge to the City's wastewater facilities is in accordance with the provisions of this Chapter, or that the private disposal system is functioning properly.
B. 
The superintendent, when bearing proper credentials and identification, shall be permitted to enter all private property through which the City holds an easement for the purposes of inspection, observation, measurement, sampling, repair, and maintenance of any of the City's wastewater facilities lying within the easement. All entry and any subsequent work shall be done within the boundaries of the easement pertaining to the private property involved.
C. 
While performing the necessary work on private properties referred to in this Section, the superintendent shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
D. 
During the performance on private properties of inspections, wastewater sampling, or other similar operations referred to in this Section, the owner or occupant shall be:
1. 
Held harmless for personal injury or death of the superintendent and the loss or damage to City supplies or equipment.
2. 
Indemnified against loss or damage to property of the owner or occupant by the superintendent.
3. 
Indemnified against liability claims asserted against the owner or occupant for personal injury or death of the superintendent or for loss of or damage to property of the City, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required by law.
[R.O. 2006 §710.070; Code 1975 §§62.050, 62.060; CC 1985 §25-31; Ord. No. 94.25 §1, 7-7-1994]
A. 
Any person found in violation of this Chapter or any requirement of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last address of the violator known to the inspector. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, this Section shall be implemented.
B. 
Any person who continues to violate the discharge provisions or sewer permit requirements of this Chapter beyond the time limit provided for in this Section shall be guilty of an offense or may be subject to disconnection from the City's wastewater facilities and subject to a penalty as provided in Section 100.190 of this Code.
[R.O. 2006 §710.090; Code 1975 §§27.020, 62.120 — 62.150; CC 1985 §25-33; Ord. No. 95.01 §2, 3-2-1995; Ord. No. 95.60 §2, 4-4-1996; Ord. No. 07.51 §1, 12-6-2007; Ord. No. 10.26 §2, 6-21-2010]
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, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.
B. 
It shall be unlawful to discharge any human or animal excrement or other objectionable waste within the City or in any area under its jurisdiction. Wastewater discharges to the City's wastewater facilities are not authorized unless approved by the superintendent in accordance with provisions of this Chapter.
C. 
Except as provided in this Chapter, 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 of any house, building or property which is used for human occupancy, employment, recreation or other purposes, under the jurisdiction of this Chapter, and abutting on any street, alley or right-of-way in which there is or may be located a wastewater sewer connected to the treatment facility of the City, is required at the owner's expense to install suitable toilet facilities therein and to connect such facilities directly to the City sewer in accordance with the provisions of this Chapter within ninety (90) days after the date of official notice to do so provided that the proper wastewater sewer is within three hundred (300) feet of the property line. An extension of up to one hundred eighty (180) days to connect may be given to the property owner upon written request to the City Administrator or his/her designee.
E. 
In cases where the existing sewer main is more than three hundred (300) feet from the property line of the proposed new construction, the applicant may request permission to construct a new sewer main from the existing City sewer main to the new development or construction provided a permit is obtained from the City Building Official. The applicant shall submit for review and approval complete engineering drawings and design computations sealed by a registered professional engineer in the State of Missouri. The proposed sewer extension shall conform to the City of Osage Beach design guidelines and Missouri Department of Natural Resources regulations. Such design shall be in full conformance with the needs of the City as determined by the Public Works Director.
In the event that the Public Works Director requires the proposed addition to the sewer system to be of larger capacity for future City use than required by the connecting development, the City may consider reimbursement to the extent of the cost increase required to meet the expanded capacity of the facility.
[Ord. No. 13.57 §5, 9-19-2013]
F. 
The cost of connecting to the City wastewater system shall be the total obligation of the property owner.
[Ord. No. 07.51 §2, 12-6-2007]
A. 
Property not currently serviced by the public sewer system may have service extended to it in accordance with the City's capital improvements program. Facilities will be constructed or improved by the City if reserves of the City are adequate to finance the improvement and/or after the issue and sale of revenue bonds to finance the construction.
B. 
Property owners desiring extension of the public sewer system not included in the City's capital improvements program, or in advance of the schedule in the City's capital improvements program, shall make application to the Building Official for extension of service before starting construction of any sewer facilities. The applicant shall submit for review and approval complete engineering drawings and design computations sealed by a Registered Professional Engineer in the State of Missouri. The proposed sewer extension shall conform to the City of Osage Beach Design Guidelines and Missouri Department of Natural Resources Regulations. The application shall be reviewed by the City to determine whether extension of services is consistent with the City's Comprehensive Plan, the City's sewer master plan, and the standards of the design and construction manual. If the application is approved by the City, the applicant may request that the sewer installation be reimbursed if one (1) of the two (2) following conditions applies:
1. 
The proposed extension is listed as an Unsewered Area according to the City Sewer System Master Plan.
2. 
The proposed extension is listed as a capital improvement project to be undertaken by the City in the future.
The City does not guarantee approval of such reimbursement, but will consider each request in light of other capital improvement priorities and available funds. If the Board of Aldermen agree to the request, the City will reimburse the property owner for the construction of approved facilities in accordance with the Osage Beach Design Guidelines.
C. 
Property owners not meeting the requirements for reimbursement shall be required to furnish, install and construct at their expense all main sewer facilities necessary to proposed development, in accordance with the design and construction manual, and shall agree to transfer to the City all property and facilities thereof, free of debt, liens and other legal encumbrances, for ownership, operation and maintenance by the City. During construction of the permitted sewer expansion, the work shall be inspected during all phases by City personnel. Facilities not complying with these standards will not be accepted by the City and will not be supplied with sewer service or allowed to connect to the public sewer system until the deficiencies are corrected. Acceptance of the improvements by the City shall be in compliance with the design and construction manual.
D. 
Property owners may be required to provide larger sewer mains to serve adjacent areas and/or upstream areas. The contract will provide that the cost to the property owner will be reimbursed by the City as set forth in Section 710.085 "Reimbursement Of Funds For Infrastructure Enlargement".
E. 
All facilities constructed by the property owner to be transferred to the City shall be constructed on public right-of-way or upon private land within easements conveyed free of cost to the City, providing free, unobstructed and uninterrupted right-of-way for inspection, operation and maintenance, enlargement, replacement, alteration and extension of the facilities.
[Ord. No. 07.51 §3, 12-6-2007]
A. 
Under such agreements as provided for in Section 710.083 "Extension Of Service" the City may permit an extension of its public sewer system to be installed by and at the expense of the applicants desiring to secure such service. All installations of sewer extensions shall conform to the City of Osage Beach Design Guidelines.
B. 
As set forth in Section 710.083 and the design and construction manual, property owners may be required to construct larger sewer mains to serve adjacent areas. The extra cost of the larger sewer main will be reimbursed as set forth in the contract with the property owner according to the following policy and provisions of the City of Osage Beach Design Guidelines.
1. 
The amount reimbursed shall be the increase in pipeline diameter, change in materials, added appurtenance, or increase in sewage lift station wet well and/or pumping capacities. The reimbursement shall be the documented increased cost between the original developer's design and the City requested changes for increased capacity of the system.
2. 
The payment or payments will be made as provided for in the written agreement between the City and the owner/developer subject to the following limitations:
a. 
Payments will be attempted in the year after the request is approved, if funds can be budgeted.
b. 
Payments will be made by the City out of surpluses accumulated after all other necessary expenses and debt obligations are satisfied.
C. 
The City reserves the right to determine the size of the pipe and type of equipment necessary in making such extension, in accordance with the design and City of Osage Beach Design Guidelines and/or Missouri Department of Natural Resources requirements.
D. 
Where the sewer main or appurtenant structure is to be installed on private property or in a private street, the property owner shall provide, free of cost to the City, necessary construction and permanent easements for the extension of the sewer main and appurtenant structures. The permanent sewer line easement shall be ten (10) feet wide (five (5) feet either side of the pipeline centerline) and an additional temporary construction easement five (5) feet in width on each side of the permanent easement. A permanent easement for appurtenant structures shall be to a point five (5) feet from all faces of the structure.
E. 
The ownership of the extension installed under this rule shall be in the name of the City upon and before final acceptance by the City.
F. 
The City does not guarantee approval of such extension(s) but will consider each request in light of other capital improvement priorities and available funds.
[Ord. No. 07.51 §4, 12-6-2007]
The City does ratify and confirm all prior expenditures by the City to individuals or entities for their cost of construction of extensions to the City's sewer system.