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0128 Sewer Usage Regulations 1973ORDINANCE NO. 128 AN ORDINA/~CE OF THE CITY OF CHUBBUCK, IDAHO, REGULATING THE NATURE AND COMPOSITION OF SEWAGE WHICH ~%%Y BE DISCH3ARGED INTO A PUBLIC SEWER; DEFINING THE TERMS USED IN THIS ORDINANCE; Pd~QUIRING EVERY PERSON OWNING ANY LAND OR PREMISES DISPOSING OF SEWAGE WASTES, TO W~{ICt{ SEW~PuAGE SERVICES AP~ AVAIL- ABLE, TO INSTALL A CONNECTION TO THE SEWER SYSTE~; PROVIDING FOR INSTALLATION AND P~EPAIR OF CONNECTIONS TO THE SEWER SYSTEM ONLY UPON ISSUANCE OF A PEP~IT; SUBJECTING ALL SEWEP, CONNECTIONS AND PRIVATE SERVICE LINES TO INSPECTION, AND E~POWERING THE APPROVING AUTHORITY TO ENTER UPON ANY PPdEMISES OR PROPERTY SUBJECT TO PUBLIC UTILITY EASEMENTS AT ALL PJ~ASONABLE HOURS FOR THE PURPOSE OF CONDUCTING SUCH INSPECTION; PROHIBITING DISCHARGE OF UNPOLLUTED WATERS INTO THE SEWER SYSTEM; PROHIBITING D~3~,AGE TO THE SEWER SYSTEM; PROHIBITING DISCHARGES OF CERTAIN SUBSTANCES INTO TtIE SEWER SYSTEM IN THE ABSENCE OF SPECIAL AGREE~ENTS; PROVIDING FOR SUBMISSION OF INFORMATION, PRETREAT~.~ENT AND INSTALLATION OF INTERCEPTORS TO PROTECT THE SE~ER SYSTEM; ESTABLISHING RULES GOVERNING THE .~EASUP~E, NT AND SAMPLING OF CERTAIN SEWAGE WASTE; EMPOWERING THE APPROVING AUTHORITY TO PROHIBIT THE DISC}lARGE INTO THE SEWER SYSTEM OF SEWAGE T}LAT DOES NOT COMPLY WITH THE LIMITATIONS ESTABLISHED BY THIS ORDINANCE; SPECIFY- ING THE CRITERIA AND PROCEDUPd~S BY WHICH THE CITY COUNCIL ~55Y FIX A SCHEDULE OF RATES AND CHARGES FOR SEWERAGE COLLECTION AND TREAT~.~NT SERVICES FURNISHED BY THE CITY OF CHUBBUCK, IDAHO; PROVIDING FOR CITATIONS ISSUED AND PENALTIES I~'~OSED FOR VIOLATIONS OF THIS ORDIN~lqCE; PROTECTING TI~E RE~AINING PROVISIONS OF THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD INVALID; REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE, TO THE EXTENT OF SUCH CONFLICT; ~ND PROVIDING WHEN THIS ORDINANCE SHALL EFFECTIVE. BE IT ORDAINED BY THE ~.~YOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: ~oz ~ -~ Z 121 SECTION 1: Purpose.. That the purpose of this ordinance is to promote the public health and welfare by regulating the nature and composition of sewage, including industrial waste, that may be discharged into the sewer system constructed and operated by the City of Chubbuck, Idaho. SECTION 2: Definitions. That the terms used in this ordinance shall have the following meanings: A. "Approving authority" shall mean the Chubbuck ~City Engineer, or his duly authorize¢l deputy, agent or representa- tive. B. "Biochemical Oxygen Demand"(B.O.D.) shall mean the quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory dete~ninations made in accordance ~ith pro- cedures set forth in "Standard Methods," for five day B.O.D. determinations. C. "City" shall mean the City of Chubbuck, Idaho. D. "Chlorine requirement" shall mean the amount of chlorine in parts per million by weight, which must be added to the sewage to produce a specified residual chlorine content, or to meet the requirements of some other objective, in accordance with procedures set forth in "Standard Methods." E. "Commercial user" shall mean any person not specifically classified as a domestic or as an industrial waste i contributor. F. "E~elling %u~it" shall mean a building or structure or portion thereof that is constructed and used primarily for residential purposes. Any building or structure which has been i!constructed or altered to provide for two or more families or iilhouseholds, or which has been constructed or altered to accommodate '~travelers or transients, shall also be considered a dwelling unit. G. "Garbage" shall mean the residue from pre- .paring and dispensing food, and from handling, storing and selling food products and produce. H. "Ground Garbage" shall mean the residue from !Ipreparing, cooking and dispensing food that has been shredded to such a degree that all particles will be carried freely in -2- suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension. I. "Industrial waste" shall mean any flow ?discharge to the sewage treatment system containing a total of more than 200 mg/1 of suspended solids, a waste of more than 200 mg/1 of B.O.D. or an average flow of more than 0.25 mgd. J. "House service line" shall mean the extension from the building drain to the public sewer, and is sometimes referred to as a connection or service connection. K. "MG" shall mean million gallons. L. "Natural outlet" shall mean any outlet into ita watercourse, pond, ditch, lake or other body of surface or ground water. M. "pH" shall mean the logarithum (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter, and is a measure of the acidity or alkalinity of a solution. It shall be determined by one of the procedures outlined in "Standard Methods." N. "Parts per million" shall mean a weight-to- weight ratio~,and the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. O. "Person" shall mean any individual, firm, company, association, society, corporation, group or other entity. P. "Private sewer" shall mean a sewer serving one or more buildings, residences or properties, constructed by the private owner or by private contract. Q. "Public sewer" shall mean a sewer provided by, or subject to the jurisdiction, of the City of Chubbuck. It shall also include sewers within or outside the city boundaries that serve one or more persons and ultimately discharge into the city sewer system, even those sewers may not have been constructed with city funds. ~. "Sanitary sewage" shall mean wastes that are derived principally from dwellings, business buildings, institutions and industrial waste, exclusive of storm and surface waters. S. "Sanitary sewer" shall mean a sewer that conveys sanitary sewage or industrial waste, or a combination of the two, and into which storm, surface, and ground waters or unpolluted industrial wastes are not intentionally admitted. T. "Service charge" shall mean the charge levied against all users of the sewer system. U. "Service tap" shall mean a connection of a private sewer line to the public sewer system. "Sewage treatment plant" shall mean a waste- water treatment plant. W. X. "Sewage" shall mean wastewater. "Sewer" shall mean a pipe or conduit for conveying wastewater or any other waste liquids. Y. "Standard Methods" shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Ex~.~ination of Water, Sewage and Industrial Wastes," published jointly by the American Public Itealth Association, The American Water Works Association, and the Federation of Sewage and Industrial Wastes Associations. Z. "Standard sewage" shall mean sewage and acceptable waste that are within specifications regarding pH, B.O.D., dissolved oxygen, suspended solids and grease. AA. "Storm drain" shall mean a pipe or conduit for conveying storm, surface and ground water drainage, as opposed -4- to sewage and industrial wastes. BB. "Suspended solids"(SS) shall mean solids that either float on the surface of or are in ~suspension in, water, sewage or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods." CC. "Unpolluted water" shall mean any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalies; substances that may impart taste-and-odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall not contain more than 30 mg/1 each of suspended solids or biochemical oxygen demand. Analytical deter- minations Shall be made in accordance with procedures set forth in "Standard Methods." DD. "Waste water" shall mean the water-carried t . buman,.animal, household, commercial or ~ndustrial waste in a public or private sewer. EE. "Waste water treatment system"(also termed sewer system) shall mean all facilities for collecting, pumping, treating and disposing of domestic, commercial and industrial wastes, and includes sewers as well as the waste water treatment plant. FF. "Waste water treatment plant" shall mean an assemblage of devices, structures and equipment for treating domestic, commercial andiindustrial wastes. GG. "watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. -5- SECTION 3: Wa~_~0~o_?~ dis~%a~ge~ i~to sewe~ system~ That all sanitary sewage, industrial waste or other polluted waters shall be discharged into the sewer system. It shall be unlawful for any person to dispose otherwise of sewage, waste and polluted waters. ~%ere a public sewer is available, every person owning any land or premises shall install suitable sanitary facilities connect- ing the public sewer to any house, lot or premises requiring sewage disposal facilities. The approving authority of the city is hereby empowered, and it is hereby made his duty: (a) to compel the owners or occupants of lots, properties, buildings or residences which are within 200 feet of a public sewer and which are disposing effective date of this ordinance to construc~ ] of sewage wastes on the or cause to be constructed a sufficient private sewer line which shall connect said lots, properties, buildings or residences to the nearest accessible public sewer within sixty (60) days after the date on which official notice has been given that the sewer service is available; and (b) to compel every o%.~er, occupant or developer of any lots, properties, buildings or residences located within the City of Chubbuck ~%ich begin to dispose of sewage wastes sub- sequent to the effective date of this ordinance to construct or cause to be constructed immediately a sufficient private se~er line which shall connect said lots, properties, buildings or residences to the nearest accessible public sewer. A separate and independent house service line shall be provided for every lot, property, building or residence disposing of sewage wastes. In any particular case, the City Council may, upon application by the affected party and a public hearing on the application, grant a variance from the requirements imposed by this section, for good cause shown. SECTION 4: Se%~er connection and repair~permit r~quir~. That it shall be unlawful for any person to uncover, -6- make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining ,~a written permit. Permission given to connect sewers and drains 'Ishall be upon the express condition that the approving authority may at any time revoke the same, for good cause, 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. 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 effect the necessary repairs at his own expense. No person shall construct, relay, repair or extend any private sewer except upon~'obtaining a private sewer permit. 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 issued, without obtaining an additional permit for the desired extension. SECTION 5: Iqspections. That all constructions of, or repairs on, private sewers and house service lines connecting to the public sewer system shall be in accordance with the applicable ordinances of the City of Chubbuck, and of the Idaho Code, and ..shall be subject to inspection by the approving authority. A. Notice shall be given the approving authority by any person desiring to make a connection with any public sewer ii 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 Il 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; provided, that, -7- upon a showing that emergency conditions exist, the approving authority may authorize the work to commence and shall conduct the required inspection as soon thereafter as circumstances permit. B. 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. If a violation is noted, the owner of said premises or his agent shall be directed to alter, repair or reconstruct the facilities in question to conform with the requirements of this ordinance within fifteen (15) days. The o~<ner or occupant of any house, building or property shall allow author- ized persons at any time to inspect the nature of waste water discharging into a public sewer. Authorized persons bearing proper ticredentials and identification shall be permitted to enter all il property for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this lordinance. SECTION 6: U_n_~luted waters. That it shall be unlawful for any person to discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted water into any sanitary sewer. Storm water shall be discharged to such sewers as are specifically Idesignated as storm drains, or to natural outlet designated by the approving suthority. Industrial cooling water or unpolluted process water may be discharged, upon approval by the approving authority, into a storm drain or natural outlet. SECTION 7: ~am_age ~o ~we.r s~st.em. That it shall be unlawful for any person (A) to damage, break, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewer system; or (B) to deposit into any sewer opening any substance having a tendency to obstruct the flow of the sewer . SECTION 8: agreements. That, except as provided below, no person shall dis- charge or cause to be discharged into the sewer system any of the tifollowing described waste substances: Aauy solids, liquids or gases which may, by them- selves or by interaction with other substances, cause fire or explosive hazards, or in any other way be injurious to persons, property, the operation of the sewer system, or to any of the following listed heavy metals which may be components of the system Antimony, Arsenic, Barium, Beryllium, Bismuth, Boron, cadmium,'~ Chromium (Hexa), Chromium (Tri), Cobalt, Copper, Iron, Lead, Manganese, Mercury, Molybdenum, Nickel, Rhenium, Selenium, Silver, Strontium, Tellurium, Tin, Uranyl ion and Zinc. Any noxious or malodorous solids, liquids or gases which singly, or by interaction of other substances, are capable of creating a public nuisance or hazard to life, or of preventing entry into sewers for their maintenance or repair. Any solids, greases, waxes, slurries or viscous materials of such character or in such quantity that the approving authority reasonably determines may cause an obstruction to the flow of the sewer, or otherwise interfere with the proper function- ing of the sewer system. Any toxic substance, chemical element, or compound in quantity sufficient to impair the operation or efficiency of the waste water treatment plant and to cause the effluent thereof to exceed ~%e permissible standards established by the Idaho Department t:of Environmental and Community Services or the federal Environmental Protection Agency, for the receiving stream. -9- Any liquid having a pII lower than 5.5 or higher than 9.0, or having any corrosive property capable of causing damage or hazard to the structures, equipment or personnel of the sewer system. Any radio-active isotopes for which a special llpermit has not been obtained from the approving authority. Any liquid or vapor having a temperature greater than 140 degrees Fahrenheit. Any garbage that has not been properly ground. 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 the proper operations of the sewer system. A. None of the prohibitions contained in the foregoing portion of this section shall be construed as precluding any special agreement or arrangement between the City of Chubbuck and any person, whereby an industrial waste of unusual strength or character may be admitted to the sewer system, either before or after pretreatment, provided that there is no'impairment of the functioning of the sewer system by reason of the admission of such waste, and that no extra costs are incurred by the city without recompense by the person. B. Review and acceptance by the approving authority shall be obtained prior to the discharge into the public sewers of any water or waste containing (1) a total of more than thirty pounds of suspended solids in any one day; (2) a total of more than thirty pounds of B.O.D. in any one day; or (3) an average flow of 0.01 mgd or more. -10- SECTION 9: Su.b~i.~si0n. of information, pretre~tm.~ent and. liqstallati0~ ~L .%nte~eptp~ ~ ~r_~t._sew~r syst~. A. That where the approving authority reasonably determines that it is necessary to modify or eliminate wastes that are harmful to the structures, processes or operation of the sewer system, the person whose discharges are in question shall provide at his expense such preliminary treatment or processing facilities as may be necessary to render his waste acceptable for admission to the public sewer. Such pretreatment may include, but is not limited to, the settling of all wastes containing soil, dirt or sand for a minimum of two hours in an acceptable basin before discharging to a sewer; or the passing of all industrial wastes through an approved self-cleaning, 2.0--mesh screen, unless otherwise allowed by the approving authority. B. Plans, specifications ahd any other pertinent information relating to proposed pretreatment or processing facilities shall be submitted for approval to the approving authority prior to commencing their construction if the effluent from such facilities is to be discharged into the public sewers. C. Within three months after passage of this ordinance, each person who discharges industrial waste into a public sewer shall prepare and file with the approving authority !' a report that shall include pertinent data relating to the quantity and characteristics of the waste discharged into the sewer system. Similarly, each person desiring to make a new connection to the sewer system for the purpose of discharging industrial wastes shall prepare and file with the approving authority a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged. However, when it Il can be demonstrated that circumstances exist which %~ould create an unreasonable burden on the person involved, to comply with the time schedule specified in this subsection, a request for extension of time may be presented for consideration by the approving authority. D. Grease, oil and sand interceptors or other '~necessary removal facilities stial], be installed on the premises of a building used as a hotel, boarding house or restaurant, and when, as reasonably determined by the approving authority, they are necessary in other service lines for the proper handling of liquid wastes containing grease in excessive amounts, high concentrations iof blood, fruit, vegetable or ~rain liquors, milk wastes, or any flammable wastes, sand and other harmful ingredients. All inter- ceptors shall be of a type and capacity designated by the approving authority and shall be so located as to be readily and easily 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 10: Flow meas~l~e~e~t ~and sam~ing o~ industrial waste. A. Each person discharging industrial waste into a public sewer shall construct and maintain at his expense an approved measurement, sampling and sample storage station for all waste entering the public sewer. These facilities shall be used to obtain flow, B.O.D., and suspended solids data for use as a basis to compute the appropriate industrial waste sewer service charge. All devices, access facilities and related equipment shall be installed by the person discharging the waste, at his expense, and shall be maintained by him so as to be readily accessible to the -12- approving authority during the operating day. The flow measurement and sampling station shall be located and constructed in a manner approved by the approving authority. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the approving authority for approval prior to construction. Each person discharging the waste shall keep flow records as required by the approving authority, and shall provide qualified personnel to properly maintain and operate the facilities. B. In lieu of requiring the construction of a measurement, sampling and sample storage station, the approving iauthority may direct that each person discharging industrial wastes into a public sewer shall obtain sufficient composite samples on which to base the computation of the person's industrial waste service charge. The industrial waste charge shall be computed using the metered water flow to the premises as a basis for waste flow and laboratory analysis of samples procured as directed by the approving authority, as a basis for computing B.O.D. and suspended solid content of the waste. Metered water flow shall include all water delivered to or used on the premises. Water not discharged to a public sewer may be separately metered at the person's expense to allow deduction of such flow from the total water used on the premises in computing the industrial waste sewer service charge. In the event that private water supplies are used, they shall be metered at the person's expense. C. The approving authority may determine, by at least ~%ree composite waste samplings during a year, whether or not a waste discharge to a public sewer, based on either B.O.D. or suspended solids, exceeds 200 mg/1 organic load or the average flow exceeds 0.25 mgd. If three consecutive measurements by the city -13- indicate that the 200 mg/1 organic load or the 0.25 mgd flo~? rate is being exceeded, then the waste shall be classified as industrial t~waste. Comercial users may have 'the option of using the commercial or industrial rates established herein. D. The waste sample shall be collected and tests performed by the approving authority. Laboratory procedures used in the examination of industrial wastes shall be those set forth in "Standard Methods." However, the approving authority shall approve alternate methods for certain analyses of industrial wastes if he can reasonably verify their accuracy. E. The total yearly treatment plant operation, maintenance and debt service costs chargeable to each user~shall be computed on the basis of the flow, B.O.D. and suspended solids of ~%e industrial waste load discharged to the sewer system. SECTION 11: Refusal of use of system. That the approving authority may prohibit the discharge into the public sewer of sewage that does not comply with the limits set forth in this ordinance. SECTION 12: Rate schedules. That the schedule of llrates, fees, tolls and charges for the sanitary sewer facilities and ,services furnished by or through the sewer system constructed and i operated by the City of Chubbuck, shall be established at the level sufficient to permit the City of Chubbuck to make timely payments ~.to retire the bonds with which the se%~er system was financed, accruing interest on all such bonds an~ reserve legally required therefor,: and to defray the continuing construction, operations and maintenance expenses associated with the system. The sewer rate schedule shall be set forth in a companion ordinance, ~4o. 129, and may be amended from time to time in comformity with the criteria established above. Household, commercial and industrial waste -14- charges shall be based only on costs attributable to waste treatment and interceptor sewers carrying, or available to carry, the waste water of the user. Operation and maintenance costs shall be uniformly'reflected in the bills paid by all subscribers to the public sewer service. Capital and construction costs shall be reflected equitably in the bills paid by subscribers to the public sewer service, according to the benefits derived. SECTION 13: Enforcement. A. 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. B. ~enever it is determined by the approving authority, or his agent or r~- r~s~ntative, that any person has violated any provisions of this ordinance, a written citation containing a notice to appear in the ~!agistrates Division of the District Court of the Sixth Judicial District, State of Idaho, shall be served upon the person charged, stating the name of the person charged, the offense charged, the time and place when and where the offense charged occurred, the time when the person charged must appear in said court, and any other information that may be necessary. Provision for this method of enforcing the ordinance does not bar the city from employing any other legal method of initiating proceedings to enforce the ordinance. C. It shall be unlav~ful, and punishable as a misdemeanor, for any person knowingly to fail to appear in response to a citation issued as provided above, regardless of the disposi- tion finally made of the charge upon which the citation was issued. Appearance by an attorney shall be deemed an appearance by the person charged. SECTION 14: Invalidation clause. That if any section, paragraph, clause or provision of this ordinance shall be -15- held invalid by any court of competent jurisdiction, for any reason, such holding shall not affect the validity or enforceability of any of the remaining provisions thereof. SECTION 15: Rspeal of conflicting .qrdinances. Ail ordinances and parts thereof, which conflict with the provisions of this ordinance, are hereby repealed to the extent to such conflict. SECTION 16: Effective date. That the rule requiring an ordinance to be read on three separate days is hereby dispensed with, and this ordinance shall become effective upon its approval and publication as. provided by law. PASSED BY THE ~;~%YOR AND CO~CIL of the City of Chubbuck, Idaho, this ~i'ty Clerk ll th day of December, 1973. ~yor -16-