[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:
The Federal Clean Water Act as amended.
A room or suite of rooms located in a building in which there
are three (3) or more such rooms or suites.
The American Society for Testing and Materials.
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.
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.
The extension from a building wastewater plumbing facility
to the public or private wastewater facility.
A sewer intended to receive both wastewater and storm or
surface water.
A place where commodities or services are exchanged, bought
or sold.
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.
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.
The twenty-four (24) hour period beginning at 12:01 A.M.
An acquired legal right for the specific use of land owned
by others.
The United States Environmental Protection Agency.
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.
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.
The solid animal and vegetable wastes resulting from the
domestic or commercial handling, storage, dispensing, preparation,
cooking and serving of foods.
Water within the earth.
The Board appointed by the Board of Aldermen to hear appeals
under this Chapter.
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.
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.
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.
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.
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.
A building designed for or occupied exclusively by two (2)
or more families, not individually metered or designed to be individually
metered.
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.
National pollutant discharge elimination system permit program,
whether administered by the EPA or by the State.
A building composed of offices sharing common walls and corridors.
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.
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.
The logarithm of the reciprocal of the hydrogen concentration
expressed in grams per liter of solution as determined by standard
methods.
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.
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.
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.
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.
All premises used only for human residency and which is connected
to a wastewater facility.
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.
A business that sells and serves food to customers for consumption
on the premises, which use of reused plates, cups, glasses and eating
utensils.
Wastewater discharged from the sanitary conveniences of dwellings,
office buildings, industrial plants or institutions.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
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.
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.
A sewer for conveying storm, surface and other waters, which
is not intended to be transported to a treatment facility.
The Public Works Director or his/her representative, deputy
or agent.
[Ord. No. 13.57 §5, 9-19-2013]
Water which occurs when the rate of precipitation exceeds
the rate at which water may infiltrate into the soil.
The total suspended matter that either floats on the surface
of, or is in suspension in, water or wastewater as determined by Standard Methods.
Any of the pollutants designated by Federal regulations pursuant
to Section 307(a)(1) of the Act.
Any property within the City limits without City sewer connection.
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.
The combination of the wastewater sewers and treatment facilities.
The structures, processes, equipment and arrangements necessary
to collect and transport wastewaters to the treatment facilities.
The structures, processes, equipment and arrangements necessary
to treat and discharge wastewater.
A channel in which a flow of water occurs either continuously
or intermittently.
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.
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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.
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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:
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.
