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0251 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REPEAL: Ordinance No. 128 and Sections 3, 4(C) and 4(D) of Ordinance No. 129 of the City of Chubbuck, Idaho, are hereby repealed.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. Ordinance - Page 1 jm CH2 - #34 (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. Ordinance - Page 2 jm CH2 - #34 (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. Ordinance - Page 3 jm CH2 - #34 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, Ordinance - Page 4 jm CH2 - #34 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. Ordinance - Page 5 jm CH2 - #34 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. Ordinance - Page 6 jm CH2 - #34 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. Ordinance - Page 7 jm CH2 - #34 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 Ordinance - Page 8 jm CH2 - #34 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. Ordinance - Page 9 jm CH2 - #34 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 Ordinance - Page 10 jm CH2 - #34 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. Ordinance - Page 11 jm CH2 - #34 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: Ordinance - Page 12 jm CH2 - #34