HomeMy WebLinkAbout0251 General Sewer Regulations 1984ORDINANCE NO. 251
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO,
REPEALING ORDINANCE NO. 128 AND SECTIONS 3, 4(C) AND
4(D) OF ORDINANCE NO. 129 OF THE CITY OF CHUBBUCK,
IDAHO; ESTABLISHING GENERAL SEWER REGULATIONS; PROVIDING
FOR THE DEFINITION OF TERMS; PROVIDING FOR SPECIAL
AGREEMENTS WITH THE CITY FOR DISCHARGE OF INDUSTRIAL
WASTE; PROVIDING FOR INTERCEPTORS AND SANITARY
FACILITIES; PROVIDING FOR CITY PERMITS AND REGULATIONS
THERETO; PROVIDING FOR CONSTRUCTION, SPECIFICATIONS, AND
INSPECTION OF ALL PRIVATE SEWERS WITHIN THE CITY AND
INSPECTION THEREOF; PROVIDING FOR CHARGES AND RATES TO
BE SET BY RESOLUTION; PROVIDING FOR THE RECOVERY OF
DELINQUENT ACCOUNTS; PROVIDING PENALTIES FOR VIOLATION
OF THE REGULATIONS AND PROVISIONS OF THIS ORDINANCE;
REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1. REPEAL: Ordinance No. 128 and Sections 3, 4(C)
and 4(D) of Ordinance No. 129 of the City of Chubbuck, Idaho, are
hereby repealed.
SECTION 2. PURPOSE: The purpose of this Ordinance is to
promote the public welfare by providing that sewage be discharged
into the wastewater treatment system, and to regulate construction
and repair of private sewers and their connection to public
sewers; and to authorize a schedule of rates and charges to be set
by Resolution for services a~forded by the municipal wastewater
treatment system of the City of Chubbuck.
SECTION 3. DEFINITION OF TERMS: Terms used in this
ordinance shall have the meanings herein given to them.
(A) APPROVING AUTHORITY shall mean the Director of Public
Works of the City of Chubbuck or his duly authorized deputy,
agent, or representative.
(B) CITY shall mean the City of Chubbuck, Idaho.
(C) GARBAGE shall mean the residue from the preparation and
dispensing of food, and from the handling, storage and sale of
food products and produce.
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(D) GROUND GARBAGE shall mean the residue from the
preparation, cooking, and dispensing of food that has been
shredded to such degree that all particles will be carried freely
in suspension under the flow conditions normally prevailing in
public sewers with no particle greater than one-half inch (1/2")
in any dimension.
(E) INDUSTRIAL DISCHARGER shall mean any non-residential
user who discharges an effluent into the City's wastewater
collection system or the City of Pocatello's wastewater collection
and treatment system by means of pipes, conduits, pumping
stations, force mains, constructed drainage ditches, surface water
intercepting ditches, intercepting ditches, and all constructed
devices and appliances appurtenant thereto.
(F) NATURAL OUTLET shall mean any outlet into a water
course, pond, ditch, lake or other body of surface or ground
water.
(G) PERSON shall mean any individual, firm, company,
association, society, corporation, group, or other entity.
(H) PRIVATE SEWER shall mean a sewer serving one (1) or more
buildings, residences or properties, constructed by private
contract.
(I) PUBLIC SEWER shall mean a sewer provided by, or accepted
and maintained by, the City, whether within or outside City
boundaries.
(J) SEWAGE shall mean water-carried human wastes or a
combination of water-carried wastes from residences, business
buildings, institutions and industrial establishments, together
with such ground, surface, storm, or other waters as may be
present.
(K) SANITARY SEWER shall mean a sewer that conveys sanitary
sewage or industrial wastes, or a combination of the two.
(L) SERVICE CONNECTION shall mean service tap.
(M) SERVICE TAP shall mean the point of connection of
private sewer to public sewer.
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(N) SEWER shall mean any pipe, conduit, ditch or other
device used to collect and transport sewage or storm water from
the generating source.
(O) SIGNIFICANT INDUSTRIAL DISCHARGER shall mean an
industrial discharger of the City's wastewater disposal system
who:
(1) Is subject to or potentially subject to
national pretreatment standards promulgated under
Section 307(b) or (c) of the Clean Water Act (CWA);
(2) Has in his wastes any priority toxic
pollutants as incorporated in Ordinance 250;
(3) Has in his wastes toxic pollutants as defined
pursuant to Section 307 of the CWA;
(4) Has a discharge flow of 10,000 gallons or more
per average work day;
(5) Has a flow greater than 5% of the flow in the
City of Pocatello's wastewater treatment system; or
(6) Is determined by the City to have a
significant impact or potential for significant impact,
either singly or in combination with other contributing
industries, on the wastewater treatment system, the
quality of sludge, the systems effluent quality, or air
emissions generated by the system.
(P) STORM DRAIN shall mean pipe or conduit for conveying
storm, surface, and ground water drainage.
(Q) WASTEWATER TREATMENT FACILITY (also termed sewerage
system) shall mean all facilities for collecting, pumping,
treating and disposing of domestic, commercial, and industrial
waste, and includes sewers as well as the City of Pocatello
Wastewater Treatment Plant.
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SECTION 4.
SEWAGE TO BE DISCHARGED INTO WASTEWATER TREATMENT
SYSTEM: Ail sanitary sewage, industrial wastes, or other polluted
waters shall be discharged into the Wastewater Treatment Facility.
It shall be unlawful for any person to dispose otherwise of said
sewage, wastes and polluted waters; provided, however, that it
shall be unlawful to discharge into the Wastewater Treatment
Facility any garbage that has not been properly ground, or any
ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, wood, paunch manure, hair, or any other
solid capable of causing obstruction to the flow in sewers or
other interference with proper operation of the Wastewater
Treatment Facility.
SECTION 5. TYPES OF WATER NOT PERMITTED IN SANITARY SEWER:
It shall be unlawful for any person to discharge or cause to be
discharged any storm water, ground water, roof runoff, sub-surface
drainage, or cooling water to any sanitary sewer without approval
of the Approving Authority.
SECTION 6. WATER DISCHARGED TO STORM DRAIN: Storm water
shall be discharged to such sewers as are specifically designated
as storm drains or to a natural outlet approved by the Approving
Authority and, where applicable, by the appropriate State and
Federal pollution control agencies. Industrial cooling water or
unpolluted process water may be discharged, upon the approval of
the Approving Authority and the appropriate State and Federal
pollution control agencies, to a storm drain, or sanitary sewer or
natural outlet.
SECTION 7. SPECIAL AGREEMENTS: No statement contained in
this Section shall be construed as prohibiting any special
agreement or arrangement between the City and any industrial user
whereby an industrial waste of unusual strength or character may
be admitted to the Wastewater Treatment Facility provided that
there is no impairment of the functioning of the Wastewater
Treatment Facilities by reason of the admission of such wastes,
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and no extra costs are incurred by the City without recompense by
the person; except that no agreement or arrangement will relieve
the industrial user of obligation under pretreatment regulations
40 CFR 403 or any promulgated categorical pretreatment standards.
SECTION 8. INTERCEPTORS (AND/OR GREASE TRAPS) REQUIRED TO
REMOVE HARMFUL INGREDIENTS: Grease, oil and sand interceptors, or
other necessary removal facilities, shall be installed on the
premises in all cases where a building is used as a hotel,
boarding house or restaurant, and when, in the opinion of the
Approving Authority, they are necessary in other service lines for
the proper handling of liquid wastes containing grease in
excessive amounts, high concentration of blood, fruit, vegetable
or grain liquors, milk wastes, sand, and other harmful
ingredients. All interceptors shall be of a type and capacity
approved by the Approving Authority and shall be so located as to
be readily accessible for cleaning and inspection. Where
installed, all grease, oil and sand interceptors shall be
maintained by the owner or occupant, at his expense, in
continuously efficient operation at all times.
SECTION 9. PREMISES TO CONNECT TO PUBLIC SEWER: The
Approving Authority of the City is hereby empowered, and it is
hereby made his duty in all cases where there is a public sewer
within two hundred feet (200'), to compel every owner or occupant
of land, buildings, or premises requiring sanitary facilities, to
construct or cause to be constructed, a sufficient private sewer
line which shall connect said land, building or premises to the
nearest accessible public sewer within ninety (90) days after date
of official notice, unless such connection is impractical by
reason of the topography of the ground.
A separate and independent private sewer shall be provided
for every building, residence or property unless specific
permission is obtained from the Approving Authority for any other
arrangement of a temporary or permanent connection to the
facility.
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SECTION 10. PRIVATE SEWER REPAIR; PERMIT REQUIRED: When any
private sewer connected with any public sewer becomes obstructed,
broken, or out of order, the owner, agent, or tenant of such
premises shall repair same at the owner's expense. This cost
shall include the service tap or connection to the main public
sewer as well as the total length of service line or private sewer
from such service tap or connection to the point at which sewage
is introduced into the service for the premises. This cost shall
also include the replacement of street, curb and gutter, sidewalk
or any other improvement disturbed by the repair of any private
sewer or service connection. No person shall construct, relay,
repair or extend any private sewer until the person making the
same shall obtain a private sewer permit from the proper issuing
agency or department of the City.
It shall be unlawful for any person to extend any private
sewer beyond the limits of the building or property for which a
permit has been given without obtaining an additional permit for
the desired extension. The existence of a private sewer permit
shall in no way be construed as making permissible any work for
which an excavation permit may be required as set forth in the
City Code.
SECTION 11. PERMIT REQUIRED TO WORK ON PUBLIC SEWER: It
shall be unlawful for any person to uncover, make any connection
with or opening into, use, alter, or disturb any public sewer or
appurtenance thereof, without first obtaining a written permit
from the City.
SECTION 12. NOTICE OF INSPECTION: Notice shall be given the
Approving Authority by any person desiring to make connection with
any public sewer at least five (5) hours previous to the time of
making such connection, stating when such work will be ready for
inspection. The connection must be made to the satisfaction of
the Approving Authority before the trench is filled. When any
person desires to lay or drive any pipe in a street, alley, or
easement in which a public or private sewer is laid, he shall give
at least twenty-four (24) hours notice to the Approving Authority.
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SECTION 13. RIGHT TO REVOKE PERMISSION:
Permission given to connect sewers and drains shall be upon
the express condition that the Approving Authority may at any time
revoke the same and the person making such connection, or his
successor in interest, shall have no right to claim any damage in
consequence of such permission being revoked. Once service has
been connected, permission to connect may be revoked and
water/sewer service suspended for any violation of this ordinance.
Written notice of such revocation of permission shall be
served or mailed at least seven days prior to suspending
water/sewer service. Such notice shall state the date on which
services is to be suspended and the right to request in writing a
pre-termination hearing. In the event water service has not
begun, notice shall be sent in accordance with this section and no
water service shall be started. This hearing will be held before
the Director of Public Works, or in his/her absence the Mayor,
provided said written request is received by the Public Works
Director at least one day prior to the proposed suspension date.
Upon receipt of such a timely request, the Director of Public
Works or the Mayor shall give written notice to the party
requesting the hearing as to the date, time, and place of said
hearing, which hearing will be held not sooner than five (5) days
from date of request. The Director of Public Works or Mayor shall
make a record of any pre-termination hearing which either of them
conducts and shall within ten (10) days of the hearing render a
decision in writing, giving reasons for the determination.
In the absence of a request for a pre-termination hearing, or
if an adverse decision is rendered against the party requesting
the hearing, the City shall revoke permission to connect sewers
and drains and shall not begin and/or reinstate water service.
Permission to connect sewers and drains shall not be reinstated
until the violation(s) has/have been corrected and the person(s)
seeking permission to connect is again complying with this
ordinance.
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SECTION 14. SEWER CONSTRUCTION SPECIFICATION AND INSPECTION:
Ail construction or reconstruction of private sewers and house
service lines in public right-of-way and public utility easements
shall be in accordance with City specifications and subject to
inspection by the proper authority.
All connections to public sewers of the municipality shall
have a minimum diameter of four inches (4"), and shall be made of
concrete, cast iron, ductile iron or A.B.S. Schedule 40 plastic.
Commencing from a point on the outer perimeter of the building
into the building, a sewer service line shall be of plastic as
defined above or cast iron of a diameter of four inches (4") or
larger. All joints except plastic and cast iron shall be made
with oakum and finished with a heavy portland cement joint or
other approved manufacturer's type joint. Cast iron joints shall
be rubber slip gaskets or other approved manufacturer's joint.
All pipe shall be laid at a uniform grade of not less than
one-quarter inch (1/4") per foot fall, and on solid bed of earth
or selected approved backfill. When excavated material will not
permit laying the connection at the full depth of the main sewer,
the Approving Authority may authorize the use of a drop. In such
event, the tap may be made in the top of the sewer bearing on the
ground. All the connections shall be laid as straight as possible
and all necessary changes in direction not greater than one-eighth
(1/8) bend. All connections shall be without traps, sags or other
obstructions that would prevent the free passage of air from point
of connection to the main building stack.
Any materials not listed in this ordinance may be used only
upon written approval of the Approving Authority.
SECTION 15. RIGHT TO ENTER PREMISES FOR INSPECTION: The
Approving Authority shall have the right to enter upon any
premises connected with any public sewer at all reasonable hours
to determine that there is compliance with the provisions of this
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ordinance. If conflict is noted, the owner of said premises or
his agent shall be directed to alter, repair or reconstruct to
conform to the requirements of this ordinance within fifteen (15)
days.
The owner or occupant of a house, building or property shall
allow the Approving Authority at all reasonable hours to inspect
the nature of wastewater discharging into a public sewer. The
Approving Authority shall be permitted to enter all properties for
the purpose of inspection, observation, measurement, sampling and
testing, in accordance with the provisions of this ordinance.
SECTION 16. INJURY TO SEWERAGE SYSTEM UNLAWFUL: It shall be
unlawful for any person to injure, break or remove any portion of
a public sewer or appurtenances.
It shall be unlawful for any person to deposit into the
system any substance having a tendency to obstruct the flow in the
sewer.
It shall be unlawful for any person to break, damage,
uncover, destroy, deface, or tamper with any structure,
appurtenance or equipment which is part of the Wastewater
Treatment Facility.
SECTION 17. SEWER RATES: A schedule of rates, fees,
deposits and charges for the Wastewater Treatment System and
services to residential and metered and unmetered commercial shall
be set from time to time by Resolution of the City Council.
Copies of such Resolutions shall be kept on file and made
available in the office of the City Clerk/Treasurer.
Any industrial discharger as defined in this ordinance shall
be required to comply with all the provisions of this ordinance,
the Pretreatment Ordinance (Ordinance 250) and in addition, may be
required to enter into an agreement with the City of Chubbuck
known as an Industrial User Agreement containing provisions for
use of the City of Chubbuck and City of Pocatello Wastewater
Treatment System, and including a formula for establishing the
rate to be charged the particular industry.
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In addition to the sewer service charges provided for herin,
a sewer connection fee will be assessed for each permit granted
for each connection to the City sewer system. Said permit fees
will be set from time to time by Resolution of the City Council.
Copies of such Resolutions shall be kept on file and made
available in the office of the City Clerk/Treasurer.
SECTION 18. BILLING PERIODS: All regular billing periods
shall be on a monthly basis.
SECTION 19. BILLING PROCEDURE: Accounts receiving metered
water service shall be charged for sewer service and such billing
shall be itemized on the City of Chubbuck utility bill. All other
sewer charges may be included with billings for other City
services.
SECTION 20. DUE DATES; DELINQUENT SERVICE CHARGE; SUSPENSION
OF SERVICE; HEARING PROCEDURE PRIOR TO TERMINATION OF SERVICE:
Charges for sewer service shall be an itemized portion of the City
of Chubbuck utility bill. All charges for utility services shall
be due at the office of the City Clerk as follows:
If utility charges are not paid within fifteen (15) days from
the date of the current bill, the same shall become delinquent.
In addition, written notice of the delinquency and impending
termination of water service shall be mailed to the premises.
Should the delinquent charges not be paid in full within fifteen
(15) days after notification of the delinquency, the City shall,
subject to the conditions listed below, terminate water service to
such premises. Service to such premises will not be reinstated
until all delinquencies and unpaid charges against such premises
for service, together with twenty dollars ($20.00) turn on/off fee
has been paid.
Such written notice shall be served or mailed at least
fifteen (15) days prior to suspending service. Such notice shall
state the date on which service is to be suspended, the amount of
delinquent charges and the right to request in writing a
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pre-termination hearing. This hearing will be held before the
City Council, who shall have the power to review disputed bills
and rectify error, provided said written request is received by
the City Clerk, one day prior to the proposed suspension date.
Upon receipt of such a timely request, the City Council shall
give written notice to the party requesting the hearing as to the
date, time, and place of said hearing, which hearing will be held
not sooner than five (5) days.from date of request. The City
Council shall make a record of any pre-termination hearing and
shall within ten (10) days of the hearing render a decision in
writing, giving reasons for the determination.
In the absence of a request for a pre-termination hearing, or
if an adverse decision is rendered against the party requesting
the hearing, all deposits held by the City shall be forfeited and
applied to the outstanding balance of the bill, with any surplus
refunded to the owner or occupant, and the City shall suspend
water service and require the payment of the delinquent bill, plus
a twenty dollar ($20.00) turn on/off fee, as well as any deposits
required by resolution, as a condition precedent to restoration of
service; provided, however, that payment of the delinquent bill
shall not be required in the event that the party whose water
service has been suspended for nonpayment has filed a Petition for
Relief under Chapter 7, 11, or 13 of Title 11, of the United
States Code, and this delinquent bill either has been listed or is
eligible to be listed on the schedule of unsecured creditors.
SECTION 21. ENFORCEMENT: Any violation of this ordinance
shall be unlawful and punishable as a misdemeanor. Each day that
such violation continues shall be deemed to be a separate offense.
SECTION 22. REPEAL OF CONFLICTING ORDINANCES: All
ordinances and parts thereof, which conflict with the provisions
of this ordinance, are hereby repealed to the extent of such
conflict.
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SECTION 23. EFFECTIVE DATE: The rule requiring an ordinance
to be read on three (3) separate days is hereby dispensed with,
and this ordinance shall be in full force and effect from and
after its approval and publication according to law.
PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK,
IDAHO this ~)~ day of .~L~0~ , 1984.
CiT oF CHUBBUCK
ATTEST:
BY:
PRESIDEN~ Ot~ THE CO[{NCIL
PUBLISHED:
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