[Adopted 11-10-1981 (Ch. 32; amended in its entirety 1-10-2012 by Ord. No. 12-001)]
This article shall be known as, referred to, or cited as the
"User Charge and Sewer Use Ordinance for the City of Oconto Falls,
State of Wisconsin" and hereinafter referred to as "this article."
This article sets uniform requirements for discharging waters
and wastes into the public sewerage system within the City. This section
enables the City to protect public health in conformity with administrative
provisions, water quality requirements and other discharge criteria,
which are required or authorized by local, state and federal law.
The objectives of this section are as follows:
A.
To regulate the construction and use of public and private sewers
and drains.
B.
To provide for annexations and connections to the public sewerage
system.
C.
To provide a means of determining wastewater volumes, constituents
and characteristics, and to issue permits to certain users.
D.
To set limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the system to prevent the introduction
of pollutants into the wastewater treatment facilities which will
interfere with the normal adequate treatment in the wastewater facilities,
pass through the system into the receiving waters, or contaminate
the resulting municipal sludge.
E.
To recover from users of the wastewater treatment facilities, on
an equitable basis, the share of the wastewater treatment facilities
costs attributable to such users and to provide funds for the operation
and maintenance, debt retirement and replacement of the wastewater
facilities.
F.
To set penalties for violations of the requirements of this article,
and to set forth collection of nonpayment of bills.
It is not intended by this article to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, rules, regulations, ordinances or permits
previously adopted or issued pursuant to law. However, wherever this
article imposes greater restrictions, the provisions of this article
shall govern.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the utility and shall not be deemed a limitation
or repeal of any other power granted by the statutes of the State
of Wisconsin.
Users of the Oconto Falls wastewater treatment system shall
be charged a rate which will recover all costs of operation and maintenance,
replacement fund deposits, and debt retirement costs. The rate shall
be determined on a cost of service basis and shall be reviewed annually
to determine if the total revenue is sufficient to cover all of the
aforesaid costs. The rate shall be such that a proportionate distribution
of all costs is charged to each user class.
A.
User volume charge. It is assumed that biochemical oxygen demand
(BOD), suspended solids, phosphorous and other pollutant concentrations
discharged to the sewer system from all user classifications are approximately
equal and proportional to volume. Therefore, the user charges will
be developed on a volume basis in accordance with the following formula:
user's volume charge per 1,000 cubic feet (Cu) for operation
and maintenance and replacement costs is equal to the total annual
cost (Ct) of operation and maintenance and replacement costs divided
by the total volume contribution (Vt) in thousands of cubic feet from
all users annually, thus: Cu = Ct/Vt (Ct and Vt shall not include
the I/I component). The user volume charge shall be paid monthly.
B.
Fixed user charge. The fixed user charge includes debt retirement
costs. The fixed user charge is allocated to each sewer user according
to a fixed charge for each water meter size. The fixed user charge
is divided by the total number of user charge meter equivalents (UCME)
in the sewer service area. The fixed user charge shall be paid monthly.
C.
Surcharge rate. A surcharge shall be added to the volume charge to
any users whose wastewater pollutant concentrations exceed those of
normal domestic sewage as determined by a calculation using the WWTP
influent loadings and water use discharged to the sewer system. The
following unit surcharge costs are hereby established:
D.
Total user charge.
E.
Annual review. The revenue generated by the user charge system will
be reviewed annually for adequacy, and the rates will be adjusted
when required.
F.
Accounting.
(1)
All user charge moneys shall be placed in the sewage disposal account
to cover the costs of operation and maintenance, replacement, fund
deposits, and debt retirement payments.
(2)
Expenditures shall be made from the account by the City Administrator
- Clerk/Treasurer in accordance with the detailed annual budget prepared
by the Sewage Disposal Commission.
(3)
A replacement reserve account shall be established and expenditures
from it shall be only for making renewals to accommodate wear of physical
elements and/or movable property that would result in an extended
useful life or meet the anticipated useful life.
A.
Public wastewater collection facilities are required to be used for
the deposit of human wastes, garbage or other liquid wastes that cannot
be discharged into a receiving stream or disposed of in any other
manner in accordance with federal and state statutes and state administrative
regulations and approved by the Wisconsin Department of Natural Resources.
B.
No building or facility shall be connected to any sewer unless the entire property on which the building or facility is situated is located within the corporate limits of Oconto Falls, except as provided in § 455-24 of this article.
C.
No person shall place, deposit, or discharge, or cause to be placed,
deposited, or discharged, upon public or privately owned property,
any wastewaters within the corporate limits of Oconto Falls unless
done so within adequately sized holding facilities approved by all
applicable federal, state and local agencies.
D.
No person shall deposit or discharge, or cause to be deposited or
discharged, to any wastewater collection facilities, any solid, liquid,
or gaseous waste unless through a connection approved under the terms
of this article.
E.
No person shall discharge any sewage, waste or material, industrial
waste, or any polluted water into a stream or in the air or onto the
land, except where the person has made and provided for treatment
of such wastes which will render the content of such waste discharge
in accordance with applicable City, state, and federal laws, ordinances,
and regulations.
F.
Any person owning property within the corporate limits of Oconto
Falls, where the property is improved with one or more residences,
houses, buildings, or structures for or intended for human use, occupancy,
employment, or any other similar purpose whatever, and where the property
abuts on any street, alley, or right-of-way in which there is located
a sewer within 100 feet from the nearest property line, shall, within
90 days after such sewer is in service, at his expense, install suitable
toilet and waste disposal facilities in the residences, houses, buildings
or structures and connect the facilities with the sewer in accordance
with the terms and provisions of this article; provided, however,
that in the event that compliance with this subsection causes economic
hardship to the person, he may apply to the City for exemption. An
application for exemption shall state in detail the circumstances
which are claimed to cause the economic hardship. Exemptions shall
only be granted to residential users and shall not apply to commercial
and industrial users. Any connection to the sewer under this article
shall be made only if the City determines that there is capacity,
including BOD and total suspended solids (TSS) capacity, available
in all downstream sewer lift stations and sewer lines and in the treatment
plant.
A.
No person shall discharge or cause to be discharged any stormwater,
foundation drainwater, groundwater, roof runoff, surface drainage,
or unpolluted industrial cooling waters to any sewer connected to
the City's waste treatment plant.
B.
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following material to any sewer connected
to the City's treatment plant:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2)
Any water or waste containing fats, wax, grease, petroleum oil, nonbiodegradable
cutting oil or products of mineral oil origin, whether emulsified
or not in excess of 100 mg/l or containing substances which may solidify
or become viscous at temperatures between 32° and 140° F.
(0° and 60° C.).
(3)
Any garbage that has not been properly shredded. Garbage grinders
may be connected to sanitary sewers from homes, hotels, institutions,
restaurants, hospitals, catering establishments or similar places
where garbage originates from the preparation of food in kitchens
for the purpose of consumption on the premises or when served by caterers.
(4)
Any wastes that cause clogging of collection system sewers; sewage
lift stations; and treatment plant equipment, channels, and pipelines.
These wastes include, but not limited to, baby wipes, personal hygiene
wipes, single use floor mop pads, dental floss, single use toilet
cleaning pads, protective undergarments, and antibacterial surface
cleaning wipes.
(5)
Gasoline, benzene, naphtha, fuel oil, or other combustible, flammable,
or explosive liquid, solid, or gas of whatsoever kind or nature.
(6)
Any gases, ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, paunch manure, or any other solid
or viscous substance capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the waste
water treatment facilities.
(7)
Any waters or wastes having a pH lower than 5.5 or higher than 9.0
or having any other corrosive properties capable of causing damage
or hazard to sewers, structures, equipment or personnel of the wastewater
treatment facilities.
(8)
Any waters or waste containing any toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment
process or that would constitute a hazard to humans or animals, inhibits
aquatic life, or could create any hazard in the receiving waters of
the wastewater treatment facilities.
(9)
Any waters or wastes containing BOD, suspended solids, or phosphorus
of such character and quantity that unusual attention or expense is
required to handle such materials at the sewage treatment plant, except
as may be permitted by specific, written agreement with the City,
which agreement may provide for special charges, payments, or provisions
for treating and testing equipment.
(10)
Any noxious or malodorous gas or substance capable of creating
a public nuisance.
(11)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the City in compliance with applicable
state or federal regulations.
(12)
Water or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
(13)
Any water or wastes which, by interaction with other water or
wastes in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system or create a condition
deleterious to structures and treatment processes.
(14)
A slug discharge of water or wastewater with a concentration
or flow which exceeds five times the average twenty-four-hour concentration
or flow which adversely affects the system and/or performance of the
wastewater treatment facility for a period greater than 15 minutes.
(15)
Materials which exert, cause or contain:
(a)
Unusual BOD, chemical oxygen demand, phosphorus, nitrogen or
chlorine requirements in such quantities as to constitute a significant
load on the wastewater treatment plant.
(b)
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 chloride
and sodium sulfate.
(c)
Excessive discoloration, such as, but not limited to, dye wastes
and vegetable tanning solutions.
(d)
Any noxious or malodorous liquids, gases, or solids or any pollutants
that result in the presence of toxic gases, vapors, or fumes that
alone or in combination create a public nuisance or worker health
or safety hazard.
(16)
Any wastes that create a fire or explosion hazard, including,
but not limited to, wastewater with a closed cup flashpoint of less
than 140° F. (60° C.) using the test methods specified in
40 CFR 261.21.
(17)
Any volatile substance that causes two consecutive air monitor
readings greater than 5% or any single reading greater than 10% of
the lower explosive limit (LEL). Examples of volatile substances include,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohol, ketones, aldehydes, and peroxides. Benzene
concentrations shall not exceed 0.5 milligrams per liter (mg/l). Total
BTEX (benzene, toluene, ethyl benzene, sylenes) concentrations shall
not exceed 1.0 mg/l.
|
No wastewater, regardless of character, shall be discharged
to the sewage system in such a manner as to interfere with the designed
operation of the collection system or treatment facilities or to cause
the treatment facilities to exceed the limits presented by the WPDES
permit.
|
(18)
Any amount of the following constituents exceeding that listed
below:
|
Constituent
|
Milligrams per Liter
| |
|---|---|---|
|
Arsenic
|
0.07
| |
|
Cadmium
|
0.04
| |
|
Chromium, total
|
2.00
| |
|
Copper
|
1.50
| |
|
Cyanide
|
0.90
| |
|
Lead
|
0.40
| |
|
Mercury
|
<0.0002
| |
|
Nickel
|
0.55
| |
|
Selenium
|
0.20
| |
|
Silver
|
0.70
| |
|
Zinc
|
2.60
|
C.
No provision of this section shall be construed to provide lesser
discharge standards than are presently or may hereafter be imposed
and required by the United States Environmental Protection Agency
or the Wisconsin Department of Natural Resources.
[Added 6-14-2016 by Ord.
No. 16-007]
A.
Installation of sand and grease traps. Grease, oil and sand interceptors
shall be provided at restaurants, repair garages, gasoline stations,
car washes and other industrial or commercial establishments for the
proper handling of liquid wastes containing grease in excessive amounts,
oil, flammable wastes, sand and other harmful ingredients. All interceptors
shall be constructed in accordance with the Wisconsin Plumbing Code
and shall be located as to be readily and easily accessible for easy
cleaning and inspection. All grease, oil and sand interceptors shall
be maintained by the owner, at his expense, in continuous, efficient
operation at all times.
B.
Installation of sampling manholes.
(1)
All new construction and new or existing businesses that require
grease traps shall install a sampling manhole (such as restaurants,
schools, supermarkets with deli areas, and similar type businesses)
also referred to as an "inspection manhole," on said businesses'
sanitary lead at a location prior to the lead reaching the City sewer
main. The size and location of the sampling manhole shall be at the
discretion of the Utility Manager. The sampling manhole shall be installed
on the property of the owner of the real estate to which the service
is provided. Said business shall also be informed that they will be
required to install an external grease trap if grease in excessive
amounts is later found in their sewage. Installation and maintenance
of any manhole and/or sampling station shall be at the owner's
expense.
(2)
Existing businesses that have had a grease problem causing a sanitary sewer lead or main blockage may be required to install a sampling manhole on said businesses sanitary lead located on the property of the owner of the real estate to which the service is provided. Said installation shall be completed within 90 days of being notified by Utility Manager to install the sampling manhole. Said businesses shall also install an external grease trap if requested to do so by the Utility Manager in accordance with § 455-18.1A of the Municipal Code and with authority of the Bureau of Plumbing of the State of Wisconsin. Installation and maintenance of any manhole and/or sampling station shall be at the owner's expense.
(3)
The authority for requiring the installation of the sampling
manholes is § ILHR 82.35(3)(l), Wis. Adm. Code.
C.
Oconto Falls Municipal Utilities will require a full operational
inspection of the grease trap be performed by a certified plumber
at the owner's expense once per year. Also Oconto Falls Municipal
Utilities reserves the right to inspect any and all grease traps upon
reasonable suspicion.
A.
Grease, oil, and sand interceptors or retainers shall be installed
by the user at his own expense when, in the opinion of the Utility
Manager or designee, such are necessary for the proper handling of
liquid wastes containing grease, oils, or sand in excessive amounts.
Such interceptors shall be of a type and capacity approved by the
Utility Manager or designee and shall be located as to be readily
and easily accessible for cleaning by the user and for inspection
by a licensed plumber, contract hauler, or the Utility Manager or
designee.
B.
Where installed, all grease, oil, and sand interceptors shall be
maintained by the user at his own expense and shall be kept in continuous
and efficient operation at all times.
(1)
The grease and/or sand interceptors shall be pumped at a minimum
frequency of one time per year and inspected annually by a licensed
plumber or contract hauler. The sanitary sewer user shall submit a
report to the City annually. The report shall include the amount of
grease removed, date of removal, name and license number of inspector,
date of inspection, and results of inspection. The frequency of pumping
will be more frequent than annually if deemed necessary by the City.
(2)
In maintaining these interceptors, the owner shall be responsible
for the proper removal and disposal by appropriate means of the captured
material and shall maintain records of the dates and means of disposal
which are subject to review by the City. Disposal of the collected
materials performed by the owner's personnel or currently licensed
waste disposal firms must be in accordance with acceptable Department
of Natural Resources regulations, and save harmless the City from
any and all liability, claims, damages or costs arising out of or
resulting from such disposal.
C.
In the event that the City approves the admission of any materials into its sewers as set forth in § 455-18B, the City shall direct the user causing admission of any such materials to, at his own expense, construct, install, and operate such preliminary treatment plants and facilities as may be required in order to:
D.
No preliminary treatment plant and facility shall be constructed
or operated unless all plans, specifications, technical operating
data, and other information pertinent to its proposed operation and
maintenance have received written approval from United States Environmental
Protection Agency, the Wisconsin Department of Natural Resources,
and any other local, state, or federal agency having regulatory authority
with respect thereto.
E.
All such preliminary treatment facilities as required by this article
shall be maintained continuously in satisfactory and effective operating
condition by the user or person operating and maintaining the facility
served thereby and at the user's expense.
F.
No provision contained in this article shall be construed to prevent
or prohibit a separate or special contract or agreement between the
City and any industrial user whereby industrial waste and material
of unusual strength, character, or composition may be accepted by
the City for treatment, subject to additional payment therefor by
the industrial user; provided, however, that such contract or agreement
shall have the prior approval of the City.
G.
The City reserves the right to reject admission to the system of
any waste harmful to the treatment or collection facilities or to
the receiving stream.
A.
No person shall do any sanitary sewer service root cutting or similar
service pipe maintenance unless they provide the Utility Manager or
his authorized deputy, agent or representative with notice prior to
commencement of the work. The prior notification shall be at least
48 hours before commencement of the work. In an emergency situation
where at least 48 hours' notification is impractical, the prior
notification to the Utility Manager or his designee shall be as soon
as possible by the quickest available means of communication. The
notification shall include the date, time and location of the proposed
work. The purpose of the notification requirement is to permit the
City to inspect and assist in the removal of roots in the sewer main
to prevent sewer backups. The sewer user shall obtain an insurance
rider for sewer backups during and for three (3) days after the sewer
maintenance work.
B.
Penalties. Any person who shall violate any of the provisions of
this section shall be subject to the penalty provisions of this Code.
No person in the business of gathering and disposing of septic
tank sludge or holding tank sewage shall transfer such material into
any portion of the City wastewater collection system or treatment
facilities.
A.
Purpose. The purpose of this section is to establish the discharge
permit requirements for significant sewer users. "Significant sewer
users" are defined as sewer users that discharge greater than 10,000
gallons per day (gpd); have BOD5, suspended solids, or phosphorus
loadings greater than domestic strength wastewater; or have a discharge
that may damage facilities or interfere with wastewater management
operations. Significant sewer users shall be required to construct
and maintain monitoring facilities and to monitor their wastewater
discharge at a frequency determined by the City to determine the wastewater
characteristics.
B.
Wastewater discharge permits. Each significant sewer user shall be
issued a wastewater discharge permit by the City. The permit shall
contain the following information and requirements:
(1)
Description of facility and sources of wastewater.
(2)
Description of monitoring facility including location, flow element,
and monitoring equipment.
(3)
Requirements for flow meter calibration at discharger expense.
(4)
Requirements for monitoring station maintenance and repairs.
(5)
Notice to City two weeks prior to any change in process that affects
the characteristics of wastewater discharge.
(6)
Monitoring frequency and requirements.
(7)
Payment by significant users for monitoring.
(8)
Reporting requirements.
(9)
Access to monitoring facilities by City authorized representatives.
(10)
General conditions.
C.
Monitoring facility requirements.
(1)
Any significant sewer user discharging wastes into a sanitary sewer
may be required to construct and maintain one or more control manholes
or access points to facilitate observation, measurement, and sampling
of its wastes, including domestic sewage. The location, monitoring
equipment, and construction of monitoring facilities shall be acceptable
and approved by the City. There shall be ample room in or near the
monitoring facility to allow accurate sampling and preparation of
samples for analysis. Monitoring facilities shall be provided in accordance
with the City's requirements and all applicable local construction
standards and specifications. Monitoring facilities and associated
equipment shall be installed and maintained by the significant sewer
user at its own expense, so as to be in safe condition, accessible,
and in proper operating condition at all times. Plans and specifications
for monitoring facilities and related equipment shall be approved
by the City prior to construction.
(2)
Should the City determine that the control manhole or access facility
and related equipment is not in a safe, accessible condition and in
proper operating condition, the City will issue an order to correct
the deficiency. The correction will be performed by the significant
sewer user, at its own expense, within two weeks of the order. Should
the correction not be initiated within two weeks of the order, the
City shall have the authority to bring the facilities up to the required
standards, and the significant sewer user shall pay for any and all
cost incurred.
(3)
Flow meter calibration shall be performed by a certified technician
at a frequency recommended by the manufacturer.
D.
Sampling requirements. The characteristics of the wastewater discharged
into the public sewers shall be determined by monitoring at a frequency
determined by the City. Metering and sampling shall be performed in
such a manner as to be representative of the flow and composition
of the wastewater. Twenty-four-hour composite samples shall be obtained
through flow proportional composite sampling techniques. The City
may waive flow proportional composite sampling for any significant
sewer user that demonstrates that flow proportional sampling is not
feasible. In such cases, samples may be obtained through time proportional
composite sampling techniques or through a minimum of four (4) grab
samples where the significant sewer user demonstrates that this will
provide a representative sampling of the wastewater discharged. Access
to sampling locations, pretreatment facilities, and records of wastewater
monitoring shall be granted to the City or its duly authorized representative
at all times. Every care shall be exercised in the collection of samples
to ensure their preservation in a state comparable to that at the
time the sample was taken. All costs for wastewater metering and sampling
shall be paid by the significant sewer user.
E.
Wastewater analysis. All measurements, tests, and analyses of the
characteristics of waters and wastewaters to which reference is made
in this section shall be determined in accordance with the latest
approved edition of "Standard Methods for the Examination of Water
and Wastewater," published by the American Public Health Association,
and with the Federal Regulations, 40 CFR 136, "Guidelines Establishing
Test Procedures for Analysis of Pollutants." Sampling methods, location,
time, durations, and frequencies are to be determined on an individual
basis by the City. Determination of the character and concentration
of the waters and wastes shall be made by the facility discharging
them, or its agent, as required by the discharge permit. The wastewater
flow and loadings shall be the basis for sewer user charges. All costs
for the wastewater analysis shall be paid by the significant sewer
user.
F.
Confidential information. Information and data furnished to the City
with respect to the nature and frequency of discharge shall be available
to the public or other governmental agencies without restriction unless
the discharger specifically requests confidentiality and is able to
demonstrate to the satisfaction of the City that the release of such
information would divulge information, processes, or methods of production
entitled to protection as trade secrets or proprietary information
of the discharger. When requested by a discharger furnishing a report,
the portions of a report that may disclose trade secrets or secret
processes shall not be made available for inspection to the public,
but shall be made available upon written request to governmental agencies
for use related to this section, the federal or state pretreatment
programs, WPDES permit and/or a local pretreatment program; provided,
however, that such portions of a report shall be available for use
by the state or any agency in judicial review or enforcement proceedings
involving the discharger furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
Information accepted by the City as confidential shall not be transmitted
to any governmental agency or to the general public by the City until
and unless a ten-day notification is given to the discharger.
A.
Where a public sewer is not available, as set forth in § 455-17, the building or structure shall be connected to a private sewer and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable City, county, state, and federal laws and regulations.
B.
Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of § 455-17, a direct connection shall be made to the public sewer according to the terms and provisions of this article and all private sewers, disposal systems, septic tanks, cesspools, and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned and all openings, tanks, or other containers of human wastes, garbage and other wastes shall be permanently removed or filled with granular material.
C.
The City shall not be responsible in any way for the operation and
maintenance of a private sewer or disposal system or facility.
D.
No provisions of this article shall be construed to provide lesser
requirements for private sewers and disposal systems than are presently
or may hereafter be imposed and required by any other local governmental
body or the state or federal government.
The City, by proper resolution of its Common Council, shall
have the right, at its discretion, upon payments, terms, and conditions
as may be mutually agreed upon, to contract in writing for the use
of the City sewer system and disposal plant by entities outside the
corporate limits of the City.
A.
The construction of sewers and connections for buildings shall be
in compliance with the terms and provisions of applicable City ordinances.
B.
A construction permit shall first be applied for and obtained from
the Utility Manager or designee before a person, after the effective
date of this article, can connect to any sewer located on properties
within the corporate limits of the City or on properties outside the
City where services have been contracted for with the City.
C.
Construction permits shall not be issued unless it has been determined
by the City that there is capacity available in all downstream sewerage
facilities.
A.
The City reserves the right to require any nonresidential user to
submit quarterly to the City, on forms provided by the City, a certified
statement of the characteristics of its industrial wastes discharged
in the sewers and treatment works of the City or to any sewers connected
to its treatment works. This statement shall be filed with the Utility
Manager or designee no later than the 10th day of the month following
the quarter for which the report is required.
C.
Should there be a difference in understanding between the City and user as to the characteristics in Subsection B, the City reserves the right to use the City results from analyses for purposes of billing. Should submission not be made during the ten-day period, the City shall use its results from analyses for purposes of billing.
D.
Whenever required by the City, the owner of any property serviced
by a building sewer carrying nonresidential wastewater and material
shall install a large manhole or sampling chamber in the building
sewer in accordance with plans and specifications approved by the
Utility Manager or designee and installed and maintained at all times
at the user's expense. There shall be ample room in each sampling
chamber to accurately measure samples and composite samples for analysis.
The chamber shall be safely, easily, and independently (of other premises
and buildings of the user) accessible to authorized representatives
of the City at all times. Where construction of a sampling chamber
is not economically or otherwise feasible, alternate arrangements
for sampling may be arranged at the discretion of the Utility Manager
or designee.
E.
The sampling frequency, sampling chamber, metering device, sampling
methods, and analyses of samples shall be subject, at any time, to
inspection and verification by the Utility Manager or designee.
F.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this section shall be determined
in accordance with the standard methods specified in this article
or with any other method approved by the City.
G.
The City may elect, at its option, to have the metering and sample
collection done by the industrial plant personnel and have composite
samples delivered to the City disposal plant laboratory for analysis.
This procedure can also be terminated at any time by the Commission
upon reasonable notice.
A.
Inspection rights. Any duly authorized employee or agent of the City
bearing proper credentials and identification shall be permitted at
any time to enter upon all properties within the corporate limits
of the City, or properties outside the City that have contracted for
wastewater treatment service, for the purpose of inspecting, observing,
measuring, sampling, and testing as may be required in pursuance of
the implementation and enforcement of the terms and provisions of
this article.
B.
Liability during inspections. While performing the necessary work on private properties referred to in Subsection A, the duly authorized employees of the City shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the City employees, and the City shall indemnify the user 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 user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.
A.
Any person who shall violate any provision of this article shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
subject to a forfeiture in an amount not to exceed $500 for each violation.
For the purpose of this section, each day that a violation exists
or continues shall constitute a separate offense.
B.
A person who is subject to a forfeiture for violating any provision
of this article may be committed to the county jail until the forfeiture
and costs are paid; provided, however, that no such incarceration
shall exceed six months for any one violation. For each day of confinement,
the committed person shall be allowed, exclusive of his board, a credit
of $5 toward the forfeiture and costs.
C.
Any person who shall violate any provision of this article shall
also be:
Delinquent charges shall be collected in accordance with Article III of this chapter.
