[Ord. of 2-10-1986]
This article sets forth policies for the administration and
operation of the City's wastewater collection and treatment system
to assure that the facilities are used in the common interest of the
public. The uniform requirements established herein for wastewater
discharges are intended to enable the City to comply with the water
quality requirements set forth in its NPDES permit issued by the Virginia
State Water Control Board.
[Ord. of 2-10-1986]
Unless the context specifically indicates otherwise, the following
words, terms or phrases used herein shall be defined as follows:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The laboratory determination of the quantity of oxygen by
weight, expressed in milligrams per liter, utilized in the biochemical
oxidation of organic matter under standard laboratory conditions of
incubation for five days at a temperature of 20° C.
BUILDING DRAIN
That part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste and other drainage
pipes inside the walls of the buildings and conveys such drainage
to the building sewer.
BUILDING DRAINAGE SYSTEM
That part of the plumbing system which receives, conveys
and removes liquid and water-carried wastes to a building drain.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to a public sewer.
CITY
The City of Franklin, Virginia.
CITY MANAGER
The City Manager or his authorized representative.
COD (CHEMICAL OXYGEN DEMAND)
The laboratory determination of the quantity of oxygen by
weight, expressed in milligrams per liter, susceptible to oxidation
by a strong chemical oxidant.
COMBINED WASTE
A wastewater containing surface water or stormwater and sewage.
COMPATIBLE POLLUTANT
Wastewater constituents which the wastewater treatment plant
is designed to treat, and wastewater substances which will not inhibit
the wastewater treatment processes employed nor be detrimental to
the receiving stream.
COOLING WATER
Once-through, noncontact cooling water discharged from any
system of condensation, air conditioning, cooling, refrigeration,
or other sources.
DOMESTIC WASTES
A combination of water-carried wastes, consisting of wash
water, culinary wastes and liquid wastes containing only human excreta
and similar matter flowing in or from a building drainage system or
sewer originating from residences, business buildings, institutions
and commercial establishments.
EFFLUENT
Wastewater flowing out of any facility.
GARBAGE
Animal and vegetable wastes from the preparation, cooking
and disposing of food; and from the handling, processing, storage
and sale of food products and produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum pump tank trucks.
INCOMPATIBLE POLLUTANT
Any wastewater constituent or substance which is not a compatible
pollutant as defined in this section.
INDUSTRY
Any establishment which uses water in a product or generates
a wastewater during any period of production.
INFLUENT
Wastewater, raw or partially treated, flowing into any sewage
treatment device or facilities.
INTERCEPTING SEWER
A sewer which receives dry weather flow from sanitary sewers
and/or additional predetermined quantities of combined waste and conducts
such flow to a plant for treatment or disposal.
MASS EMISSION RATE
The weight of material discharged to the sewer system during
a given time interval, expressed as pounds per day of a particular
constituent or combination of constituents.
MAXIMUM PERMISSIBLE COMPOSITE CONCENTRATION
The highest allowable constituent concentration as determined
by laboratory testing from representative samples collected during
a minimum six-hour period of normal operation.
NATURAL OUTLET
Any outlet into a watercourse, ditch, lake or other body
of surface water or groundwater.
NONDOMESTIC WASTE (INDUSTRIAL WASTE)
Any wastewater resulting from any process of industry, manufacturing,
trade or business, or from the development or recovery of any natural
resource, or any mixture of such waste with water or domestic wastewater,
as distinct from domestic wastewater.
NUISANCE
Anything which is judicially determined to be injurious to
health or is indecent or offensive to the senses or an obstruction
to the free use of property so as to interfere with the comfort or
enjoyment of life or property or which affects at the same time an
entire community or neighborhood or any considerable number of persons,
although the extent of the annoyance or damage inflicted upon individuals
may be unequal.
OVERLOAD
The imposition of any constituent or hydraulic loading on
a treatment facility in excess of its treatment capacity.
PERSON
Any individual, firm, company, association, society, corporation,
institution, group or any other legal entity.
pH
The negative base 10 logarithm of the hydrogen-ion concentration
expressed as moles per liter.
PREMISES
Any parcel of real estate, including any improvements, upon
which there is a single user for the purposes of receiving, using
and paying for sewer services.
PUBLIC SEWER
A sewer owned and operated by the City tributary to wastewater
facilities operated by the City.
SANITARY SEWER
A sewer the specific purpose of which is to carry domestic
or industrial wastes or a combination of both, and into which stormwater,
surface water, groundwater, and any unpolluted waters are not intentionally
passed.
SEWAGE
The same as "wastewater," as defined.
SEWER
A pipe or conduit, generally closed, for carrying wastewater.
SEWERAGE SYSTEM
All sewers, laterals or other connections or plants which
connect with or pertain to a connection with the sewers, plants, public
works, and/or projects of the City, including all City-owned facilities.
SHALL
Is mandatory; MAY is permissive.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle having a dimension greater than 1/2
inch in any direction.
STANDARD METHODS
The examination and analytical procedures set forth in the
recommended standard analytical techniques prepared by the U.S. Environmental
Protection Agency and published in the Federal Register and contained
in the current edition of the APHA Manual which is identified as standard
methods.
STORM SEWER
A public sewer which carries stormwaters and surface waters
and drainage and into which domestic wastewater or industrial wastes
are not intentionally passed.
STORMWATER
The excess water running off from the surface of a drainage
area or building during and following a period of precipitation.
SUPERINTENDENT
The superintendent of the wastewater treatment works, or
his authorized representative.
SUSPENDED SOLIDS
The dry weight of solids, expressed as milligrams per liter,
that either float on the surface of, are in suspension, or are settleable
in, water, wastewater or other liquids and which are largely removable
by a laboratory filtration device.
TO DISCHARGE
To include, to deposit, conduct, drain, emit, throw, run,
allow to seep, or otherwise release or dispose of, or to allow, permit
or suffer any of these acts or omissions.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when
discharged to the sewer system in sufficient quantities, interfere
with any sewage treatment process, constitutes a hazard to recreation
in the receiving waters of the effluent from the sewage treatment
plant, poses a hazard to workers in the sewer system, constitutes
a hazard to fish or animal life, or interferes with proper sludge
disposal.
UNPOLLUTED WATER
Water to which no constituent has been added, either intentionally
or accidentally, which would render such water unacceptable to the
agency having jurisdiction thereof for disposal to storm or natural
drainages or directly to surface waters.
USER
Any person that discharges, causes or permits the discharge
of wastewater into a public sewer.
USER CHARGE
A charge levied on the users of wastewater facilities and
treatment works for the cost of operation and maintenance of such
facilities and works.
WASTE
Rejected, unutilized or superfluous substances in liquid,
gaseous or solid state resulting from domestic and nondomestic activities.
WASTEWATER
A combination of the water-carried waste from residences,
business buildings, institutions, industrial establishments, and other
sources, whether treated or untreated, discharged into or permitted
to enter a public sewer.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
The chemical, physical, bacteriological and radiological
parameters, including volume, flow rate and such other parameters
that serve to define, classify or measure the contents, quality, quantity
and strength of wastewater.
WATERCOURSE
A natural or man-made channel in which a flow of water occurs,
either continuously or intermittently.
[Ord. of 2-10-1986; amended by Ord. of 5-22-2000(2)]
(a) No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the City Manager.
(b) The owner or his agent shall make application on a special form furnished
by the City. The permit application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment
of the City Manager.
(c) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner, except that the City shall install the building sewer from the owner's property line to the City main for single-family residences, duplexes and town houses (except for those located in subdivisions created on or after July 1, 2000), Should such line exceed 60 feet, the cost for that portion of the line exceeding 60 feet 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. The owner shall pay the sewer connection fee to the City as set forth in §
30-8.
(d) No person, while engaged in the construction of a building or otherwise,
shall injure, trim, break or remove any portion of any main or lateral
sewer, or "Y," or manhole, or do any injury to any house sewer previously
laid; and no penalty fixed by this article shall prevent the City
or any property owner from recovering any damages sustained by reason
of such injury, by appropriate civil action or otherwise.
(e) A separate and independent building sewer shall be provided for each
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, court, yard or driveway,
the building sewer from the front building may be extended to the
rear building and the whole considered as one 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 City, 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 the pipe,
jointing, testing and backfilling the 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 ASTM and WPCF Manual of Practice
No. 9 shall apply.
(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. Where basements
are in existence at the time of adoption of this article [February
10, 1986] and are connected to existing septic tanks, and in the opinion
of the City Manager it is impractical to connect by gravity to the
public sewer, the basement building drains may continue to discharge
to the septic tank until such time as there is failure of the tank
or tile field, at which time the basement flow shall be lifted by
approved means to the public sewer.
(i) No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains, or other sources of surface runoff or groundwater
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 the public 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 ASTM and the WPCF Manual
of Practice No. 9 and in accordance with the Virginia Uniform Statewide
Code BOCA Basic Plumbing. All such connections shall be made gastight
and watertight. A cleanout shall be installed by the owner at the
property line.
(k) The applicant for the building sewer permit shall notify the City
Manager when the building sewer is ready for inspection and connection
to the public sewer. The connection shall be inspected and approved
by the City prior to use.
(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.
(m) Grease, oil and sand interceptors shall be provided when in the opinion
of the City Manager 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 of a type and capacity approved by the City
Manager and shall be so located as to be readily and easily accessible
for cleaning and inspection.
(n) In case of stoppage in the main sewer, the City shall remove the
obstruction. If the stoppage occurs in a building sewer, the City
will clean the building sewer from an existing cleanout at the property
line and repair that portion of any defective sewer within the street
right-of-way. Where no building sewer cleanout exists at the property
line, the City will install a cleanout at the owner's expense.
[Ord. of 2-10-1986]
It shall be unlawful for any person to discharge or permit the
discharge or infiltration into any public sewer any of the following:
(1) Any liquid or vapor having a temperature higher than 120° F.
(49° C.) or any substance which causes the temperature of the
total wastewater treatment plant influent to increase at a rate of
10° F. (5° C.) or more per hour, or a combined total increase
of plant influent temperature to 100° F. (38° C.).
(2) Any liquid containing fats, wax, grease or oils, whether emulsified
or not, in excess of 300 milligram per liter, or containing substances
which may solidify or become viscous at temperatures between 32°
and 150° F. (0° and 65° C.) at the point of discharge
into the system.
(3) Any explosive or flammable liquids, solids or gases in such concentrations
which would cause or potentially cause an explosive, flammable or
other hazardous condition. Such materials include but are not limited
to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides.
(4) Any substances, of such nature and quantity which, either singly
or by interaction with other waste substances; do any of the following:
a. Cause obstruction to the flow in a sewer or damage to the wastewater
facilities.
b. Reduce the biological effectiveness of, impede the proper functioning
of, or otherwise hinder the performance of any wastewater treatment
process.
c. Cause excessive loading or overloading of wastewater facilities or
cause excessive treatment costs.
d. Pass to the receiving waters without being effectively treated due
to the incompatibility of the substance and cause violation of state
or federal regulations.
(5) Any discharge into public sewers of harmful quantities of solid substances,
including but not limited to:
(6) Any garbage that has not been properly shredded to a degree that
all particles can be carried freely under the flow conditions normally
prevailing in public sewers. Particles greater than 1/2 inch in any
dimension are prohibited.
(7) Any liquid having a pH lower than 6.0 or higher than 9.0 or having
any property capable of causing hazard, damage or any condition deleterious
to structures, equipment, personnel, treatment processes or operation
of the wastewater facilities.
(8) Any noxious or malodorous substance which is capable of causing objectionable
odors, public nuisance, hazard to life or any condition which requires
unusual provisions, alteration or expense to accommodate such material.
(9) Any wastewater containing in excess of the following limitations:
|
Constituent
|
Daily Concentration 24-Hour Composite Sample
(mg/l)
|
Instantaneous Concentration Grab Sample
(mg/l)
|
---|
|
Arsenic
|
0.02
|
0.02
|
|
Barium
|
2.0
|
2.0
|
|
Boron
|
0.05
|
0.1
|
|
Cadmium
|
0.1
|
0.1
|
|
Chemical oxygen demand
|
300
|
500
|
|
Chlorides
|
250
|
500
|
|
Chromium, trivalent
|
1.0
|
1.0
|
|
Chromium, hexavalent
|
0.1
|
0.1
|
|
Copper
|
0.2
|
0.2
|
|
Cyanide
|
0.25
|
0.25
|
|
Iron
|
1.0
|
2.0
|
|
Lead
|
0.1
|
0.1
|
|
Manganese
|
1.0
|
2.0
|
|
Mercury
|
0.005
|
0.005
|
|
Nickel
|
0.2
|
0.2
|
|
Phenolic compounds
|
0.2
|
0.5
|
|
Selenium
|
0.02
|
0.02
|
|
Silver
|
0.1
|
0.1
|
|
Surfactants
|
5.0
|
10.0
|
|
Tin
|
0.2
|
0.2
|
|
Zinc
|
0.2
|
0.2
|
(10) Any dilution water for the purpose of satisfying the requirements
set forth herein, except when such dilution may be beneficial in the
operation of the wastewater treatment plant and is approved by the
superintendent.
(11) Any wastewaters at a flow rate which is excessive relative to the
capacity of the treatment works and which would cause a treatment
process upset and subsequent loss of treatment efficiency; or wastewaters
containing such concentration or quantities of pollutants that their
introduction into the treatment works over a relatively short time
period (sometimes referred to as slug discharges) would cause a treatment
process upset and subsequent loss of treatment efficiency.
(12) Any unpolluted stormwater, surface water, groundwater, roof runoff,
interior or exterior footing or basement floor drainage, subsurface
drainage, or cooling water.
[Ord. of 2-10-1986]
Any liquids containing toxic materials in sufficient quantity,
either singly or by interaction with other wastes, which would tend
to injure or interfere with any treatment process, constitute a hazard
to humans or animals, or create any hazard in the receiving waters
or the effluent of the sewage treatment plant are hereby prohibited.
[Ord. of 2-10-1986]
No user shall discharge radioactive materials into public sewers.
[Ord. of 2-10-1986]
A user proposing to discharge holding tank waste into a public
sewer must secure written permission. This permit will state the specific
location of discharge, the time of day the discharge is to occur,
the volume of the discharge and the wastewater constituents and characteristics.
If permission is granted for discharge of such waste into a public
sewer, the user shall pay applicable user charges and fees and shall
meet such other conditions as required by the City Manager.
[Ord. of 2-10-1986]
No person shall discharge any waste directly into a manhole
or other opening in a public sewer other than through an approved
building sewer unless upon written application by the user and payment
of the applicable user charges and fees the City Manager issues a
permit for such direct discharge. This provision does not apply to
employees or agents of the City involved in the construction, repair
or maintenance of the sewerage system.
[Ord. of 2-10-1986]
If wastewater containing any substance described in §
30-67 is discharged or proposed to be discharged into the sewerage system of the City or to any sewerage system tributary thereto, the City may take any appropriate action necessary to:
(1) Prohibit the discharge of such wastewater.
(2) Require a discharge, to demonstrate that in-plant modifications will
eliminate the discharge of such substances to a degree as to be acceptable
to the City.
(3) Require pretreatment, including storage facilities or flow equalization
if necessary, to reduce or eliminate the objectionable characteristics
or substances so that the discharge will not violate the provisions
of this article.
(4) Require the person making, causing or allowing the discharge to pay
any added cost of handling and treating excess loads imposed on the
sewerage facilities.
(5) Take such other remedial action as may be deemed to be desirable
or necessary.
[Ord. of 2-10-1986]
Users shall provide necessary wastewater treatment as required
to comply with this article and shall achieve compliance with all
Federal Categorical Pretreatment Standards within the time limitations
as specified by the Federal Pretreatment Regulations. Any facilities
required to pretreat wastewater to a level acceptable to the City
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the City for review, and shall be approved before
construction of the facility. The review of such plans and operation
procedures will in no way relieve the user from the responsibility
of modifying the facility as necessary to produce an effluent acceptable
to the City under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the City prior to the user's initiation of
the changes.
[Ord. No. 2003-12, 8-25-2003]
(a) Grease, oil, sand and other harmful substance interceptors or separators
shall be provided by users discharging nondomestic waste into the
public sewer when, in the opinion of the Director of Public Works,
or his or her designee, they are necessary for the proper handling
of wastewater containing excessive amounts of grease, oil, other flammable
liquids, sand or other substances which may be harmful or hazardous
to the public sewer system or waste water treatment plant, except
that such interceptors or separators shall not be required for private
living quarters or dwelling units. Nondomestic users requiring such
interceptors or separators shall include, but are not limited to,
establishments which prepare food, motor vehicle garages, car washes,
factories where oil or flammable liquid wastes are produced, laundries,
bottling establishments and slaughterhouses.
(b) All such interceptors and separators shall be of a type and capacity
approved by the Director of Public Works, or his or her designee and
installed and maintained in accordance with the Virginia Uniform Statewide
Building Code. They shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight and equipped with easily
removable covers, which when bolted in place, shall be gastight and
watertight. The Building Official and the plant manager of the wastewater
treatment plant shall work together to coordinate the approval and
installation of such equipment.
(c) Interceptors and separators shall be installed in such places as
afford ready access for cleaning and maintenance by the user and periodic
or random inspection by employees or agents of the City during regular
hours of operation, they shall be maintained by the user, at its expense,
in continuous and efficient operation at all times and records of
such maintenance shall be kept for a period of at least three years.
(d) In maintaining the interceptors or separators the users shall be
responsible for the proper removal and disposal, of the captured materials
no less than every 30 days and shall maintain records of such disposal
for a period of at least three years, which records shall be subject
to periodic or random inspection and copying by employees or agents
of the City. In addition, copies of agreements between users and approved
disposal companies shall be made available for inspection and copying
by employees or agents of the City.
(e) In the event that wastewater discharged from an interceptor or separator
into a user's lateral sewer lines has grease concentrations which
exceed 275 milligrams per liter as identified by EPA Method 413 or
has concentrations of other pollutants which exceed EPA standards
as they may change from time to time, the cost of sampling and removal
of such grease or other pollutants shall be borne by the user.
(f) This article shall apply to all users of the municipal wastewater
treatment plant both within and without the corporate limits of the
City. The Director of Public Works, or his or her designee, shall
have the authority to administer, implement and enforce this section.
(g) Any person violating this section shall be guilty of a Class 3 misdemeanor.
[Ord. of 2-10-1986]
No statement contained in this section shall be construed as preventing any special agreement between the City and any user of the wastewater facilities, whereby a wastewater of unusual strength or character may be accepted into the system when unusual or extraordinary circumstances compel special terms or conditions. No such agreement, however, shall be made which would allow the combined influent to the wastewater treatment plant to exceed the limitations set forth in §
30-67.
[Ord. of 2-10-1986]
All nondomestic users proposing to connect to or to discharge
into a public sewer shall first obtain a wastewater discharge permit.
All existing nondomestic users connected to or discharging into a
public sewer shall obtain a wastewater discharge permit within 120
days after the effective date of this article.
[Ord. of 2-10-1986]
Wastewater discharge permits shall be subject to all provisions
of these regulations and all other pertinent regulations, user charges
and fees established by the City. Wastewater discharge permits may
contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a public sewer.
(2) The maximum permissible instantaneous and composite concentration
and mass emission rates of wastewater constituents.
(3) Limits on rate and time of discharge or requirements for flow regulation
and equalization.
(4) Requirements for inspection and sampling facilities.
(5) Pretreatment requirements.
(6) Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types and standards
for tests and reporting schedule.
(7) Requirement for submission of periodic discharge reports. The discharge
report may include but not be limited to wastewater volume, rates
of flow, constituent concentrations and mass emission rates, hours
of operation, number of employees, or other information which relates
to the wastewater discharge to the sewers.
(8) Requirements for maintaining plant records relating to wastewater
discharge as specified by the City Manager and affording access thereto.
(9) Other conditions as deemed appropriate by the City Manager to ensure
compliance with this article.
[Ord. of 2-10-1986]
Wastewater discharge permits shall be issued for a specified
time period, not to exceed two years. A permit may be issued for a
period less than a year or may be stated to expire on a specified
date. The terms and conditions of the permit may be subject to modifications
and change by the City Manager during the life of the permit as limitations
or requirements are modified and changed by state and federal regulations.
Whenever possible, users shall be informed of any proposed changes
in permits at least 90 days prior to the effective date of change.
Users shall be allowed a comment period, relating to any of the proposed
changes in permits, which shall be the first 45 days of the ninety-day
period prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
[Ord. of 2-10-1986]
A wastewater discharge permit shall be issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassignable or transferable, and shall only be used for the
operation for which it was obtained.
[Ord. of 2-10-1986]
Users shall notify the superintendent or City Manager immediately
upon accidentally discharging wastes in violation of these regulations.
User are required to take counter-measures to stop the discharge and
to neutralize its effect, if possible. Such notification shall be
followed, within three days of the date of occurrence, by a detailed
written statement to the City Manager, describing the causes of the
accidental discharge and the measures being taken to prevent future
occurrence. The City Manager may require the user to provide protection
from accidental discharge of prohibited materials or other wastes
regulated by this article.
[Ord. of 2-10-1986]
Any proposed change in a discharge to the wastewater facilities
by any nondomestic user, including any new significant discharge or
significant change in the quantity or quality of an existing discharge,
must be reported to the City Manager.
[Ord. of 2-10-1986]
Any user who violates any of the following conditions may be
subject to the revocation of his discharge permit:
(1) Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
(2) Failure of the user to report significant changes in wastewater constituents
or characteristics.
(3) Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring.
(4) Violation of the conditions of the permit or of this article.
[Ord. of 2-10-1986]
The City Manager may terminate wastewater service and disconnect
a user from the system when any of the following occur:
(1) Materials damaging to sewer lines or treatment process are released
by the user to the sewer, causing deterioration of these structures
or interfering with proper conveyance and treatment of wastewater.
(2) The effluent from the wastewater treatment plant is no longer of
a quality permitted for discharge to a watercourse, and it is found
that the user is delivering wastes to the wastewater system that cannot
be sufficiently treated or require pretreatment.
(3) The user does any of the following:
a. Discharges wastewater that is in significant violation of the permit
issued.
b. Fails to pay user charges for public sewer services when due.
c. Discharges prohibited wastes to public sewers.
d. Violates any requirement of this article.
[Ord. of 2-10-1986]
The City Manager will endeavor within reasonable limits to eliminate
or remedy violation without resorting to discontinuance of the user's
discharge. However, if those informal efforts have been unsuccessful,
the City Manager is authorized to revoke the discharge permit and
terminate service to a user. The City Manager shall not revoke a discharge
permit and terminate service to a user without first delivering to
the user written notice of such proposed revocation and termination.
The notice shall state the reason or reasons of the revocation and
may allow a reasonable time for satisfactory compliance to meet the
wastewater constituents and/or characteristic limitation(s) that are
being violated. Nothing in this article is intended to deter, hinder
or stop the City Manager from taking immediate action to terminate
service to a user when there is imminent risk or great danger to the
wastewater facilities.
[Ord. of 2-10-1986]
The City Manager may direct any user who causes or allows an
unauthorized discharge to show cause before the City Council why such
discharge should not be discontinued. A notice shall be served on
the offending party, specifying the time and place of a hearing, such
time to be not less than five days from the date of the notice, to
be held by the City Council regarding the violation and directing
the offending party to show cause why an order should not be issued
directing the discontinuance of such discharge. The City Council shall
conduct the hearing and take the evidence. At any public hearing,
testimony taken before the City Council must be under oath and recorded.
The transcript so recorded will be made available to any member of
the public or any party to the hearing upon payment of the usual charges
therefor. After the City Council has reviewed the evidence, it may
issue an order to the user responsible for the discharge, directing
that, within a specified time period, the discharge shall be discontinued
unless adequate treatment works, facilities or devices shall have
been installed, or existing treatment works, facilities or devices,
if adequate, are properly operated, or such other action is taken
as the City Council may deem necessary. Any user, aggrieved by any
order or other action of the City Council, shall have a right to judicial
review thereof by the circuit court having jurisdiction by an appropriate
petition to such court filed within 30 days of the date of the order
of the City Council.
[Ord. of 2-10-1986]
If any user discharges sewage, industrial waste or other wastes
to the wastewater facilities under the jurisdiction of the City contrary
to any order of the City Council, the City may commence an action
by proceeding in the circuit court having jurisdiction where the discharging
facilities are located for the purpose of having the discharge stopped.
[Ord. of 2-10-1986]
A violation of any provision of this article shall constitute
a Class 4 misdemeanor. Each day's continuance of such violation shall
constitute a separate offense. The penalties so imposed, plus reasonable
attorney's fees, court costs and other expenses of litigation, are
recoverable by the City.
[Ord. of 2-10-1986]
In addition to the penalties provided in §
30-89, whenever a user violates any provision of this article or fails to comply with any order of the City Council, the City may apply to the circuit court having jurisdiction where the discharger is located for the issuance of an injunction restraining the user from making any further discharges to the facilities under the jurisdiction of the City.
[Ord. of 2-10-1986]
Any user or permit applicant affected by any decision, action
or determination made by the City Manager, interpreting or implementing
the provisions of these regulations or in any permit issued herein
may file with the City Manager a written request for reconsideration
within 10 days of such decision, action or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
The decision of the City Manager shall remain in effect during such
period of reconsideration. Any person aggrieved by a decision shall
have the right to judicial review by appeal to the circuit court having
jurisdiction, appeal to be made within 30 days of the date of such
decision.
[Ord. of 2-10-1986]
When a discharge of waste causes an obstruction, damage or any
other impairment to wastewater facilities, the City may assess a charge
against the user for the work required to clean or repair the facility
and add such charge to the user's charges and fees and collect the
same as the user's charges and fees are collected.