[CC 1997 §16-1; Ord. No. 10-89 Art. I, 10-19-1989; Ord. No. 1179, 1997]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
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.
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 (1.5 meters) outside the inner face
of the building wall.
The extension from the building (including all appurtenances
to the line) to the public sanitary sewer easement.
A sewer receiving both surface runoff and sewage.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
Any individual, firm, company, association, society, corporation,
or other group or entity.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one-half (½)
inch (1.27 centimeters) in any dimension.
An easement granted the City for public sewer purposes, which
has been signed by the individual granting the easement, recorded
at the Stone County Recorder's office, and signed by an official of
the City having the authority of the Board to accept the easement.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface, and storm waters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Is mandatory; MAY: Is permissive.
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 (24) hour concentration or
flows during normal operation.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The Superintendent of Sewage Works and/or of Water Pollution
Control of the City, or the Mayor, or their authorized deputy, agent
or representative.
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.
A channel in which a flow of water occurs, either continuously
or intermittently.
[CC 1997 §16-2; Ord. No. 10-89 Art. II, 10-19-1989]
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 said City, any
human or animal excrement, garbage, or other objectionable waste.
B.
It
shall be unlawful to discharge to any natural outlet within the City,
or in any area under the jurisdiction of said City, any sewage or
other polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this Chapter.
C.
Except
as hereinafter provided, 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 sewage.
D.
The
owner of all houses, buildings, or properties used for human habitation,
employment, recreation, or other purposes, situated within the City
and abutting on any street, alley, or right-of-way in which there
is now located or may in the future be located a public sanitary or
combined sewer of the City, is hereby required, at his/her expense,
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this Chapter within ninety (90) days after date
of official notice to do so, provided that said public sewer is within
one hundred (100) feet (30.5 meters) of the structure.
E.
A chemical
toilet or privy vault may be used by a building contractor only, and
by no other person, firm or corporation. The use of a chemical toilet
requires a permit (permit fee, twenty dollars ($20.00)). This permit
will be valid for only thirty (30) days. If the chemical toilet has
been operated in an acceptable manner during the thirty (30) days,
the permit may be extended for an additional sixty (60) consecutive
days at no charge.
F.
Every
person, entity or organization selling or offering to sell products,
including roadside peddlers, tent shows, craft shows, etc., must have
a merchant's license to sell or offer to sell. Their merchant's license
must be accompanied with a statement showing that acceptable toilet
facilities will be used by them and they must have the signature of
the store owner or manager of the building where they intend to use
the toilet facilities.
[CC 1997 §16-3; Ord. No. 10-89 Art. III, 10-19-1989]
A.
Where a public sanitary or combined sewer is not available under the provisions of Section 710.020(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section.
B.
The
type, capacities, location, and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Natural Resources of the State of Missouri. Private sewage disposal
systems employing subsurface soil absorption facilities will not be
allowed where the area of the lot is less than ten thousand (10,000)
square feet. No septic tank or cesspool shall be permitted to discharge
to any natural outlet.
C.
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Subsection (B), a direct connection shall be made to the public sewer in compliance with this Chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
D.
The
owner shall operate and maintain the private sewage disposal facilities
in a sanitary manner at all times, at no expense to the City.
E.
No
statement contained in this Section shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer.
F.
When
a public sewer becomes available, the building sewer shall be connected
to said sewer within ninety (90) days and the private sewage disposal
system shall be cleaned of sludge and filled with clean bankrun gravel
or dirt.
[CC 1997 §16-4; Ord. No. 1032 §1, 12-14-1993; Ord. No. 1119 §1, 4-18-1996; Ord. No. 1157, 1-24-1997; Ord. No. 59-2008 §§16-5—16-6, 8-12-2008]
A.
No
unauthorized person shall uncover, make any connections with or opening
into, use, alter, or disturb any public sewer or appurtenance thereof
without first obtaining a written permit from the Superintendent.
B.
A sewer
permit, connection and inspection fee shall be paid to the City of
Branson West at the time the application to construct and/or connect
to City sewer is filed as follows:
[Ord. No. 16-2013, 11-12-2013]
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Inside City limits—residential
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$500.00
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*For each sewer connection to a dwelling or other structure
located entirely outside the City limits (regardless of whether any
part of the parcel on which the dwelling or other structure is located
is partially inside the City limits), the sewer connection fee will
be two (2) times the connection fee for users within the City limits.
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Inside City limits—commercial
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$700.00
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*For each sewer connection to a dwelling or other structure
located entirely outside the City limits (regardless of whether any
part of the parcel on which the dwelling or other structure is located
is partially inside the City limits), the sewer connection fee will
be two (2) times the connection fee for users within the City limits.
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C.
A sewer
impact fee shall be paid to the City of Branson West at the time the
application to construct and/or connect to City sewer is filed according
to the following schedule.
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Inside City limits—residential
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$250.00
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*For each sewer impact fee to a dwelling or other structure
located entirely outside the City limits (regardless of whether any
part of the parcel on which the dwelling or other structure is located
is partially inside the City limits), the sewer impact fee will be
three (3) times the impact fee for users within the City limits.
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Non-residential
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*
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* The following non-residential fees shall apply as applicable,
with the minimum impact fee for these and unspecified businesses being
two hundred fifty dollars ($250.00).
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Bauty/barber shop
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$50.00/chair
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Campground/RV park
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$25.00/space
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Car dealership
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$40.00/employee
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Convenience store
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$120.00/set of pumps
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Eating establishment
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$10.00/seat
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Filling station
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$120.00/set of pumps
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Laundromat
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$50.00/washing machine
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Medical clinic
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$100.00/employee
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Motel
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$40.00/room
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Office suite
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$5.00/employee
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Retail establishment
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$5.00/employee
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Shopping mall
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$55.00/1,000 square feet
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Supermarket
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$20.00/employee
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Tavern/bar
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$10.00/seat
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D.
All
costs and expense incidental to the installation and connection of
the building sewer shall be borne by the owner. The owner shall indemnify
the City from any loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
E.
A separate
and independent building sewer shall be provided for every building;
except where one building stands at the rear of another on an interior
lot and no private sewer is available or can be constructed to the
rear building through an adjoining alley, courtyard, or driveway,
the building sewer from the front building may be extended to the
rear building and the whole considered as one (1) building sewer.
F.
Old
building sewers may be used in connection with new buildings only
when they are found, on examination and test by the Superintendent,
to meet all requirements of this Article.
G.
The
size, slope, alignment, materials of construction of a building sewer,
and the methods to be used in excavating, placing of pipe, jointing,
testing and backfilling and trench shall all conform to the requirements
of the Building and Plumbing Code or other applicable rules and regulations
of the City. In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
Except where specified otherwise, all distribution and collection
lines for sewer being served or to be served by the City shall be
properly bedded according to the following specifications:
1.
A six (6) inch layer of granular stone material shall be laid in
the bottom of the trench after said trench has been dug to the proper
depth.
2.
Granular stone material shall be crushed limestone consisting of
aggregate particles meeting the requirements of ASTM C-33, latest
revision, gradation 67, one (1) inch pipe to No. 8 size as follows:
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Sieve Size
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% Passing
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1 inch
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100
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¾ inch
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90—100
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3/8 inch
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20—55
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No. 4
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0—10
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No. 8
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0—05
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3.
The pipeline is to be assembled on top of the granular stone material.
The pipeline shall be bedded on both sides and on the top with six
(6) inches of granular stone material after it is assembled. The trench
shall then be filled with suitable backfill material and properly
compacted.
4.
The City representative shall inspect installation of sewer lines
to ensure compliance with these specifications prior to any use of
the line.
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When a person or entity other than the City has been duly authorized to construct public sewer lines on behalf of the City or which it will dedicate to City use, to which building sewer(s) will be connected, the above construction specifications of this Subsection (G) shall be deemed to apply to any and all such public sewer construction.
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H.
Whenever
possible, the building sewer shall be brought to the building at an
elevation below the basement floor. In all buildings in which any
building drain is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such building drain shall be lifted by
an approved means and discharged to the building sewer.
I.
No
person shall make connection of roof downspouts, interior and exterior
foundation drains, areaway drains, or other sources of surface runoff
or ground water to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer.
J.
The
connection of the building sewer into sewer shall conform to the requirements
of the Building and Plumbing Code or other applicable rules and regulations
of the City, or the procedures set forth in appropriate specifications
of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such
connections shall be made gas-tight and water-tight. Any deviation
from the prescribed procedures and materials must be approved by the
Superintendent before installation.
K.
The
applicant for the building sewer permit shall notify the Superintendent
when the building is ready for inspection and connection to the public
sewer. The connection shall be made under the supervision of the Superintendent
or his/her representative.
L.
All
excavations for building sewer installation shall be adequately guarded
with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the City.
[CC 1997 §16-5; Ord. No. 10-89 Art. V, 10-19-1989]
A.
No
person shall discharge or cause to be discharged any storm water,
surface water, ground water, roof runoff, subsurface drainage, including
interior and exterior foundation drains, uncontaminated cooling water,
or unpolluted industrial process waters to any sanitary sewer.
B.
Storm
water and all other unpolluted drainage shall be discharged to such
sewers as are specifically designated as combined sewers or storm
sewers, or to a natural outlet approved by the Superintendent. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer, or natural outlet.
C.
No
person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
1.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas.
2.
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, or injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters of the sewage treatment
plant, including, but not limited to, cyanides in excess of two (2)
mg/l as CN in the wastes as discharged to the public sewer.
3.
Any waters or wastes having a pH lower than five and one-half (5.5),
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the sewage works.
4.
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage 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, mild
containers, etc., either whole or ground by garbage grinders.
5.
Any waters or wastes having:
a.
A five (5) day BOD greater than three hundred (300) parts per million
by weight, or
b.
Containing more than three hundred fifty (350) parts per million
by weight of suspended solids, or
c.
Having an average daily flow greater than two percent (2%) of the
average sewage flow of the City, shall be subject to the review of
the Superintendent. Where necessary in the opinion of the Superintendent,
the owner shall provide, at his/her expense, such preliminary treatment
as may be necessary to:
(1)
Reduce the biochemical oxygen demand to three hundred (300)
parts per million by weight,
(2)
Reduce the suspended solids to three hundred fifty (350) parts
per million by weight, or
(3)
Control the quantities and rates of any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted
for the approval of the Superintendent and no construction of such
facilities shall be commenced until said approvals are obtained in
writing.
D.
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 Superintendent that such wastes can harm either the
sewers, sewage treatment process, or equipment, have an adverse effect
on the receiving stream, or can otherwise endanger life, limb, public
property, or constitute a nuisance. In forming his/her opinion as
to the acceptability of these wastes, the Superintendent will give
consideration to such factors as the quantities of subject waste in
relation to flows and velocities in the sewers, materials of construction
of the sewers, nature of the sewage treatment process, capacity of
the sewage treatment plant, degree of treatability of wastes in the
sewage treatment plant, and other pertinent factors. The substances
prohibited are:
1.
Any liquid or vapor having a temperature higher than one hundred
fifty degrees Fahrenheit (150°F) (sixty-five degrees Celsius (65°C)).
2.
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of one hundred (100) mg/l or containing
substances which may solidify or become viscous at temperatures between
thirty-two degrees Fahrenheit (32°F) and one hundred fifty degrees
Fahrenheit (150°F) (zero degrees (0°) and sixty-five degrees
Celsius (65°C)).
3.
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of one-half
(½) horsepower (0.51 hp metric) or greater shall be subject
to the review and approval of the Superintendent.
4.
Any waters or wastes containing strong acid iron pickling wastes,
or concentrated plating solutions whether neutralized or not.
5.
Any waters or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Superintendent for such materials.
6.
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of State, Federal or other public
agencies of jurisdiction for such discharge to the receiving water.
7.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Superintendent in compliance
with applicable State or Federal regulations.
8.
Any waters or wastes having a pH in excess of nine and one-half (9.5).
9.
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 sulfate).
b.
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
c.
Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage
treatment works.
d.
Unusual volume of flow or concentration of wastes constituting "slugs"
as defined herein.
10.
Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment process 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 water.
E.
If any waters or waste are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or passes the characteristics enumerated in Subsection (D) of this Section, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
1.
Reject the wastes.
2.
Require pretreatment to an acceptable condition for discharge to
the public sewers.
3.
Require control over the quantities and rates of discharge; and/or
4.
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection (J) of this Section.
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If the Superintendent permits 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 Superintendent,
and subject to the requirements of all applicable codes, ordinances,
and laws.
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F.
Grease, oil, and sand interceptors shall be provided when required by Section 710.060 or, in the opinion of the Superintendent, 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 located as to be readily and easily accessible for cleaning and inspection.
G.
Where
preliminary treatment or flow equalizing facilities are provided for
any waters or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at his/her expense.
H.
When
required by the Superintendent, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling, and measurement
of the waste. Such manhole, when required, shall be accessible and
safely located, and shall be constructed in accordance with plans
approved by the Superintendent. The manhole shall be installed by
the owner at his/her expense, and shall be maintained by him/her so
as to be safe and accessible at all times.
I.
All
measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in this Chapter shall be determined
in accordance with the latest edition of "Standard Methods for the
Examination of Water and Wastewater" published by the American Public
Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted method to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb, and property. (The particular
analyses involved will determine whether a twenty-four (24) hour composite
of all outfalls of a premise is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, BOD and suspended
solids analyses are obtained from twenty-four (24) hour composites
of all outfalls whereas pHs are determined from periodic grab samples.)
J.
No
statement contained in this Section shall be construed as preventing
any special agreement or arrangement between the City and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the City for treatment, subject to payment therefore,
by the industrial concern.
[CC 1997 §16-6; Ord. No. 1137, 9-10-1996]
A.
All
businesses where oils and greases are cleaned off of eating and food
preparation utensils or equipment shall be required to install an
approved grease trap to intercept any fats, oils or greases before
they enter the City of Branson West's wastewater system.
B.
The
following drain lines shall run into a grease interceptor:
1.
Dishwasher,
2.
Three (3) vat sink,
3.
Any food prep sink used for thawing out or washing meats, poultry,
or fish,
4.
Mop sinks,
5.
Ice cream dipper wells,
6.
Floor drains in kitchen area,
7.
A drain from the trash pad to the grease interceptor should be considered
if there is a bulk grease bin at the trash pad site.
C.
Garbage Disposal. Bulk or drained off grease should not
be dumped in disposal. Grease-producing food should not be run through
the disposal; if they are, then the disposal will need to be run to
the grease interceptor.
D.
The
size of the grease interceptor will depend upon the number of seats
and/or type of food being prepared. The minimum size will be two hundred
(200) gallons for up to thirty (30) seats; one thousand (1,000) gallons
for up to two hundred fifty (250) seats; one thousand five hundred
(1,500) gallons for two hundred fifty (250) through three hundred
fifty (350) seats; and two thousand (2,000) gallons for three hundred
fifty (350) seats plus, unless otherwise approved by the Public Works
Department. They shall also be readily available for grease removal
and cleaning. The site of the interceptor shall be at the discretion
of the Public Works and Health Departments.
E.
Grease
interceptors shall be inspected upon installation, before being covered
up, by a representative of the Public Works Department.
[Ord. No. 1219 §§1—4, 9-22-1998]
A.
CITY OF BRANSON WEST
CLEANING AGENT
PHOSPHORUS
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
The corporate limits of the City of Branson West proper as
well as any City, corporation, business, school or individual connected
to or using the Branson West sanitary sewer system.
A laundry detergent, dishwashing compound, household cleaner,
metal cleaner, degreasing compound, commercial cleaner, industrial
cleaner, phosphate compound, or other substance that is intended to
be used for cleaning purpose.
Elemental phosphorus.
B.
Exemptions.
1.
This Section does not apply to a cleaning agent that is:
a.
A detergent used in dairy, beverage, or food processing cleaning
equipment;
b.
A phosphoric acid product, including a sanitizer, brightener, acid
cleaner, or metal conditioner;
c.
A detergent used in hospital, veterinary hospitals or clinics, or
health care facilities or in agricultural production;
d.
A detergent used by industry for metal cleaning or conditional;
e.
Manufactured, stored, or distributed for use or sale outside of State;
f.
Used in laboratory, including a biological laboratory, research facility,
chemical laboratory, and engineering laboratory;
g.
Used in a commercial laundry that provides laundry services for a
hospital, health care facility, or veterinary hospital.
2.
The duration of these exemptions shall be for one (1) year after
this ordinance.
C.
Restrictions.
1.
Except as provided in Subsection (B) of this Section, after January 1, 1999, a person shall not use, sell, manufacture, distribute or dispose within the City of Branson West any cleaning agent that contains more than zero percent (0.0%) phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding five-tenths percent (0.5%) phosphorus that is incidental to manufacturing.
2.
After January 1, 1999, a person shall not use, sell, manufacture,
distribute or dispose within the City of Branson West any cleaning
agent used in a dishwashing machine, whether commercial or household,
that exceeds eight and seven-tenths percent (8.7%) phosphorus by weight.
D.
Seizure Of Products Of Violation. Authorized deputies may
seize any cleaning agent held for sale, distribution, or use in violation
of this Section. The seized cleaning agents are considered forfeited.
[CC 1997 §16-7; Ord. No. 10-89 Art. VII, 10-19-1989]
A.
The
Superintendent 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 Chapter.
The Superintendent 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 and source of discharge to the
sewers or waterways or facilities for waste treatment.
B.
While performing the necessary work on private properties referred to in Subsection (A) above, the Superintendent or 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 it is caused by negligence or failure of the company to maintain safe conditions as required in Section 710.050(H).
C.
The
Superintendent 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 duly negotiated
easement for the purpose of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
sewage works lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
[CC 1997 §16-8; Ord. No. 10-89 Art. VIII, 10-19-1989]
A.
Any person found to be violating any provision of this Chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof; except in cases of unauthorized connection to City sewer lines, which may be disconnected without notice as provided in Section 700.140, or in cases of tampering, destruction, or other acts which have caused or may cause physical damage, where the offender may be immediately cited and prosecuted under all applicable criminal and/or civil provisions. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
In addition to other applicable penalties, any person who shall continue any violation beyond the time limit provided for in Subsection (A) shall be guilty of a misdemeanor, and on conviction thereof may be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each twenty-four (24) hour period 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.
[CC 1997 §16-9; Ord. No. 10-89 Art. IX, 10-19-1989]
[CC 1997 §16-21]
The following terms shall have the meanings set out below unless otherwise specified. Those terms not defined below shall be defined as set out in Section 710.010.
A room or suite of rooms located in a building in which there
are three (3) or more such rooms or suites.
A business that offers hair care or other personal hygiene
services.
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.
An area where one (1) or more tents, campers, or recreational
vehicles (RV) can be or are intended to be parked, designed or intended
to be used as temporary living facilities for one (1) or more families
and intended primarily for automobile transients.
A business where new and/or used cars and trucks are offered
for retail sale, and major and minor automotive repair services, including
parts, may be provided for compensation.
The City of Branson West, Missouri.
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.
A business establishment where diversified goods (including
groceries, sundries, motor oil, and gasoline, for example) are available
for retail sale, generally by means of customer self-service.
A business that serves food to customers for consumption
on the premises or for carry-out.
Any building, structure, or land used for the dispensing,
sale, or offering for sale at retail any automobile fuels, oils, or
accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories.
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage and primarily
normal domestic wastes or wastes from sanitary convenience.
A business that provides home-type washing and drying machines
for hire to be used by the customer on the premises.
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by one (1) or more physicians,
dentists, etc., practicing either together or individually.
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.
Any person, firm, partnership, corporation, or other entity
occupying any building or structure which is connected to the City
sewer system, and not classified as a residential customer.
Wastewater that has a five (5) day BOD concentration not
in excess of three hundred (300) mg/l and a suspended solids concentration
not in excess of three hundred fifty (350) mg/l.
An office 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.
All expenditures during the useful life of the treatment
works for materials, labor, utilities, and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance" includes replacement.
Any person(s) occupying any building or structure which is
connected to the City sewer system, the principal use of which is
a place of abode for any person or persons on other than a temporary
basis.
Any person, firm, partnership, corporation, or other entity
occupying any building or structure which is connected to the City
sewer system, the principal use of which is for engaging in commerce
or trade, and having a financial profit as the primary aim and not
classified otherwise.
A number of retail businesses contained within a single structure
or building in which ingress and egress to and from individual businesses
is made through a common area within the structure or building.
A retail market selling food and household merchandise.
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.
A business where customers are served alcoholic and non-alcoholic
beverages to be consumed on the premises with the sale of such beverages
accounting for at least seventy-five percent (75%) of the business's
annual revenues.
Any waste which is deleterious to treatment plant operation
or to sludge utilization, which constitutes a hazard to humans or
animals, or which will create a hazard on the receiving waters of
the sewage treatment plant effluent.
The estimated period during which the sewage treatment works
will be operated.
That portion of the sewer service charges which is levied
in a proportional and adequate manner for the cost of operation, maintenance
and replacement of the wastewater treatment works.
Sanitary sewage, water or other liquids entering the sanitary
sewage system of the City.
[CC 1997 §16-22; Ord. No. 1184 §§1—2, 7-1-1997; Ord. No. 59-2008 §16-22, 8-12-2008]
A.
In
addition to sewer connection fees, sewer impact fees and water service
connection fees, which may be applicable, all applicants for City
sewer use must submit with their application for service, prior to
beginning service, a security deposit in the following amounts or
twice the following amounts for each sewer connection to a dwelling
or other structure located entirely outside the City limits (regardless
of whether any part of the parcel on which the dwelling or other structure
is located is partially inside the City limits):
|
Type of Establishment
|
Sewer Security Deposit
|
|---|---|
|
Single-family residential unit
|
$75.00
|
|
Multi-family residential unit (per unit)
|
$75.00
|
|
Resort, timeshare, motel (per unit)
|
$50.00
|
|
Barber and beauty shop
|
$100.00
|
|
Grocery or convenience store
|
$200.00
|
|
Medical clinic
|
$200.00
|
|
Laundry, restaurant
|
$500.00
|
|
All other commercial or industrial users
|
Twice monthly estimated bill
|
|
Car wash
|
The greater of $500.00 or twice monthly estimated bill
|
B.
All
or any portion of the sewer security deposit may be applied by the
City Clerk or Utility Clerk at the time any bill owed by the customer
becomes delinquent or at the termination of service.
[CC 1997 §16-23; Ord. No. 33-2007 §16-23, 4-10-2007; Ord. No. 59-2008 §16-23, 8-12-2008; Ord. No. 115-2011, 9-13-2011]
A.
The
City shall collect sewer service rates for the use of the City's sanitary
sewer collection and treatment system from the owners or occupants
of each residence, building or structure which is connected to the
City's sanitary sewer system or which discharges lawful effluent into
the City's sewer system by another lawful means.
B.
Except
as otherwise provided by ordinance, sewer service charges shall be
based on the quantity of water used by, on or in the property or premises
subject to such charges; shall be computed by applying the rates herein
established; and shall be payable as provided by ordinance.
C.
The
monthly sewer rates to be charged each customer whose property served
is entirely within the City limits shall be twenty-five dollars seventy
cents ($25.70) for the first two thousand (2,000) gallons of water
used and five dollars forty-three cents ($5.43) per one thousand (1,000)
gallons thereafter, or any fraction thereof. The monthly sewer rates
to be charged each customer whose property served is outside the City
limits shall be fifty-one dollars forty cents ($51.40) for the first
two thousand (2,000) gallons of water used and ten dollars eighty-six
cents ($10.86) per one thousand (1,000) gallons thereafter, or any
fraction thereof.
[Ord. No. 15-2013, 11-12-2013; Ord. No. 1-2015, 1-13-2015; Ord. No. 14-2015, 12-8-2015; Ord.
No. 14-2016, 12-13-2016; Ord. No. 5-2017, 9-12-2017; Ord. No. 9-2018, 10-9-2018; Ord. No. 5-2019, 9-10-2019; Ord. No. 9-2020, 9-22-2020]
D.
The monthly sewer rates stated in the preceding Subsection (C) shall be doubled for each connection to a dwelling or other structure located entirely outside the City limits (regardless of whether any part of the parcel on which the dwelling or other structure is located is partially inside the City limits), or for customers who deliver their lawful effluent to the City's sewer system by tank truck.
[CC 1997 §16-24]
A.
The
gallons of sewer usage shall be presumed to equal the gallons of water
usage as set out immediately below. Except as otherwise herein provided,
sewer service charges shall be based on the following:
1.
On the quantity of water used from any source or sources of supply
as measured by a water meter or meters acceptable to the City.
2.
On the quantity of sanitary sewage, industrial wastes, water or other
liquids entering the sanitary sewage system of the City and measured
by a sewage meter acceptable to the City.
3.
On the quantity of water used as determined by the City or other
authorized representative of the City.
4.
On the quantity of sanitary sewage, industrial wastes, water or other
liquids entering the sanitary sewage system of the City as determined
by the City or other authorized representatives of the City.
5.
On the quantity of the metered water used entering the sanitary sewage
system as determined by the City, or other authorized representative
of the City.
B.
Installation Of Water And Sewage Meters. Should a substantial
portion of the water consumed by a customer be used in a commercial
or industrial process which precludes the water being discharged into
the sanitary sewer, the City will require such customers to install
and maintain one (1) or more sewage meters or additional water meters
in such a manner as to determine the quantity of water actually entering
the sanitary sewage works.
Where such meters are installed, they shall be of a type approved
by the City and shall be installed and maintained in continuous efficient
operation by the user at his/her own expense.
C.
Maintenance Of Meters. Where installed, all water meters
on private supplies or sewage meters shall be maintained by the owner,
at his/her expense, in continuous efficient operation at all times.
The readings of any such meter which, in the opinion of the City,
has not been so maintained will be disregarded and the City or its
authorized representative shall determine the sewage volume delivered
to the sanitary system of the City during the time covered by discredited
meter readings.
[CC 1997 §16-25]
Extra Charge For Discharge Of Toxic Substances. Any customer who discharges a toxic substance which is deleterious
to the treatment process or to sludge utilization shall be liable
for all costs incurred by the City in returning the treatment process
or sludge to its proper condition. Such extra charges shall be determined
by the treatment plant operation subject to review and approval by
the Board of Aldermen and shall include, but not be limited to, costs
of labor, chemicals, and equipment directly used in correcting the
toxic conditions.
[CC 1997 §16-26]
All sewer service charges established by this Chapter shall
be stated on a written bill rendered monthly, and showing the sewer
service charge and extra charges, if applicable. Any user of the City
sewer system who is delinquent in the payment of the sewer service
charge provided herein shall be subject to being disconnected from
the sewer system. No person who has been disconnected from the sewer
system shall be again connected thereto until he/she has paid to the
City all delinquent sewer bills in full together with a reconnection
fee of forty-five dollars ($45.00).
[CC 1997 §16-27]
A.
When
it appears that an inequity has occurred, the Superintendent or City
Clerk may submit a report to the circumstances and make recommendations
for adjustments of sewer service charges to the Board of Aldermen.
Any recommendations for adjustments must be approved by said Board
before such adjustments shall be effective.
B.
The
Board may establish flat billing rates for certain customers for whom
the establishment of sewer usage by water flow is impossible or impractical.
Such rate schedule shall be kept by the City Clerk.
[CC 1997 §16-28]
The elected officials of the City of Branson West, Missouri,
and duly authorized employees of said City bearing identification
shall, at reasonable times, be permitted to enter upon all properties
for the purpose of inspection, observation, measurements, sampling
and testing in accordance with the provisions of this Chapter.
[CC 1997 §16-29]
A.
All
monies collected under the authority of this Chapter shall accrue
to one (1) of two (2) sewer funds which shall herewith be established.
A Sewer Operation and Maintenance Fund shall be established to provide
for routine expenses incurred in providing sewer service. A Sewer
Replacement Fund shall be established to provide for replacement of
major items of equipment as their useful life expires.
B.
A minimum
amount of two thousand six hundred dollars ($2,600.00) per year from
the funds collected under this Chapter shall be deposited to the Sewer
Replacement Fund. Disbursements from this fund shall be only for purchasing
and installing equipment, accessories, or appurtenances to the sewer
system which might be required to enable the sewer system to continue
operating at its design capacity.
C.
The
remaining funds collected under this Chapter shall be deposited to
the Sewer Operation and Maintenance Fund. Disbursements from this
fund shall be only for the purpose of operating and maintaining the
sewer system.
[CC 1997 §16-30]
A.
In
the event either of the sewer funds shall be deficient for operation
and maintenance or replacement needs at a given time, monies may be
transferred from other City funds, provided however, that such monies
shall be replaced through prompt collection of revenues under this
Chapter or through adjustment of the rate schedule in this Chapter.
B.
Any
excess monies in the Operation and Maintenance Fund at the end of
each fiscal year shall be carried forward in that fund and shall not
be transferred to any other City fund.
[CC 1997 §16-31; Ord. No. 4-89, N/A]
A.
At
the end of each fiscal year, the balances in the sewer funds shall
be reviewed to insure adequate rate schedules for the following year.
B.
Any
Operation and Maintenance Fund balance carried forward shall be identified
by class and credited to the amount due from the customer class in
order to meet the budgeted sewer system expenses for the following
year. The rate schedule adopted for any fiscal year shall be adequate
to insure adequate operation and maintenance funds, and to maintain
a sufficient replacement fund to cover costs of anticipated major
equipment replacements.
