[Adopted 10-18-1999 by Ord. No. 99-03]
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The number of days per year a structure is open for business
as documented by verifiable records.
The quantity of oxygen utilized in the biochemical oxidation
or organic matter under standard laboratory procedure in five days
at 20° C. expressed in milligrams per liter.
A person assigned by the City to inspect existing systems
and the installation of new systems for the purpose of enforcing this
article.
The duly appointed or designated City Manager of the City
of Harrington, as well as such other person under his or her supervision
who is appointed to enforce the provisions of this chapter.[1]
[Amended 6-16-2014 by Ord. No. 14-06]
A capped vertical pipe extending from the sewer lateral to
the ground surface which allows for access to the sewer lateral in
case of stoppage.
A term used to express the load produced on a sanitary sewerage
system approximately equal to one dwelling place or 250 gallons per
day.
[Amended 6-16-2014 by Ord. No. 14-06]
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
A device designed and installed so as to separate and retain
deleterious, hazardous or undesirable matter from normal wastes and
permit normal sewage or liquid wastes to discharge into the disposal
system.
The continuation of the house sewer, extending from a point
not less than four feet outside the outer wall of the building through
or under the foundation walls and as far as the last soil stack, which
receives the discharge from all soil stacks and waste pipes within
the building and conveys this discharge to the house sewer.
A one-time fee imposed by the City upon the owner(s) of any
new, remodeled, restored or enlarged residential, commercial, institutional
or industrial structure or structures or any combination thereof which
results in an increased sewer flow to the existing sanitary sewer
system.[2]
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
Permissive (see also definition of "shall" below).
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of hydrogen-ions, in grams, per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen-ion concentration of 10.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particles greater than 1/2 inch (1.27 centimeters)
in any dimension.
A common sewer controlled by a governmental agency.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of groundwater not admitted intentionally.
The spent water of a community. The preferred term is "wastewater,"
as defined below.
Shall be determined by water consumption in accordance with
water meter readings, unless a sewer meter is installed by the owner
at no expense to the City. Sewer meter installations must be reviewed
and approved by the City Engineer.
A pipe or conduit that carries wastewater or drainage water.
The one-time fee, rate, charge, or assessment imposed by
the City Council on an owner of a new, remodeled, or restored residential,
commercial, institutional, or industrial structure or structures,
or any combination thereof, served or to be served by the City to
defray the cost of installing sewer service lines and connections
to sewer mains. All service taps on existing sewer mains shall be
installed by the City of Harrington or its designated representative.
New mains installed at the expense of a developer may be tapped by
a licensed contractor only upon prior approval by the City of Harrington.
That part of the house connection from a point not less than
four feet outside the outer wall of the building to the point of discharge
into public sewer.
Mandatory (see definition of "may" above).
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the performance of the wastewater treatment
works.
Any pipe which receives the discharge from one or more water
closets, with or without the discharge from other fixtures, and conveys
this discharge to the house drain.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater, or other liquids, and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater and referred to
as “nonfilterable residue.”
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause a violation of receiving water
quality standards and would not be benefitted by discharge to the
sanitary sewers and wastewater treatment facilities provided.
Any pipe provided to ventilate the plumbing or drainage system,
and is the continuation of any soil or waste pipe used to prevent
siphonage or back pressure, and does not receive the discharge from
any fixtures.
Any pipe which receives the discharge from any fixture except
a water closet and conveys this discharge to the soil stack or house
drain.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any extraneous permissible groundwater, surface water,
and stormwater that may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "wastewater
treatment plant."
A.
All properties, residential, commercial, industrial and institutional, within the corporate limits of the City of Harrington discharging wastes must be connected to the municipal sanitary sewer system. This also applies to properties to be annexed into the corporate limits. No privately owned sewer transmission and/or treatment and disposal systems will be permitted within the corporate limits. For complete disconnection from system of demolished properties, see § 399-7.
[Amended 6-16-2014 by Ord. No. 14-06]
B.
The City Council shall appoint a City Manager or designated
representative who, as part of his/her responsibilities, shall perform
the duties as herein set forth and shall make reports of all inspections
to the City Council each month or as requested by the City Council.
C.
No buildings or premises shall be connected with any
sewer without a zoning compliance certificate being first obtained
from the City Manager or designated representative. These certificates
shall be kept on hand during the progress of the work and exhibited
whenever required. Certificates may be withheld at any time from any
person, firm, or corporation violating the rules and regulations of
the sewer code. Certificates will not be granted to any person who
performs unsatisfactory work or refuses to remedy defective work.
No such certificate shall be issued by the City Manager or designated
representative, except upon the express approval of the City Council
of Harrington, for any building or premises unless, at the time the
connection is made, all outlets in said building or premises are attached
to the connection.
[Amended 12-15-2008 by Ord. No. 08-07]
D.
The jurisdiction of the City Manager or designated
representative shall cover the construction, reconstruction, altering
or repairing of all sewers or sewer connections from the point where
connection is to be made with the municipal sewer to the point where
the sewer drain is brought above the surface of the ground or to the
walls of the building. He/She shall have supervision over the enforcement
and carrying out of the provisions and restrictions of this code and
be responsible for the enforcement thereof, subject at all times to
the instructions and directions of the City Council of Harrington.
E.
Plans and specifications covering the proposed outside drainage construction and the nature of the existing plumbing and proposed sewer lateral shall be submitted to the City Manager or designated representative for approval. Such plans and specifications shall be approved or rejected by the City Manager or designated representative within five workdays when practical. A certificate of such approval or rejection shall be issued in writing. Refer to § 330-7 for materials and methods of construction.
[Amended 6-16-2014 by Ord. No. 14-06]
F.
The sewer laterals of lots and buildings of separate
ownership must be separate from that of other owners and shall be
separately and independently connected with the municipal sewerage
system unless otherwise permitted by special action of the City of
Harrington.
G.
The City of Harrington shall have authority to order
the City Manager or designated representative to disconnect the sewer
service of any person or corporation for failure to comply with the
provisions of this article.
H.
The City Manager or designated representative is authorized to refuse permission to connect any property to the public sewer system or to compel the disconnecting of any property to the public sewer system in order to prevent the discharge into the public sewer system of any substance deemed harmful or to have a deleterious effect upon the public sewer system, including the sewage disposal system of the City of Harrington. Refer to § 330-6 for the definition of allowable waste.
I.
The City Manager or designated representative is authorized to compel pretreatment of any industrial waste in order to prevent a discharge into the sewer system of any substance or waste deemed harmful or to have a deleterious effect upon the public sewer system of the City of Harrington, including the sewage disposal system. Refer to § 330-8 for industrial user requirements.
J.
No person(s) shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance or equipment which is a part of the wastewater facilities.
K.
The City Manager and other duly authorized employees
of the City of Harrington bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Mayor and Council hold a duly negotiated easement for the purposes
of, but not limited to, inspection, observation, measurement, sampling,
repair, and maintenance of any portion of the wastewater facilities
lying within said easement. All entry and subsequent work, if any,
on said easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property involved.
L.
The City Manager and other duly authorized employees
of the City of Harrington bearing the proper credentials and identification
shall be permitted to enter all industrial properties for the purpose
of inspection, observation, measurement, sampling, and testing pertinent
to discharge to the community system in accordance with the provisions
of this article.
M.
Any person violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be fined not less than $100 nor more than $500 and shall pay the costs of prosecution. For the purposes of this article, each day that the violation continues shall be deemed to be a separate offense. For the purpose of the article, each discharge of sanitary sewerage or industrial waste into the public sewer system, which is any of the unauthorized qualities as outlined in § 330-6, shall be deemed a separate offense.
[Amended 6-19-2000 by Ord. No. 00-04]
N.
Whenever a condition arises where the provisions of
this article cannot comply without working unusual hardship to the
property owner, the matter of making specific exceptions to said article
shall be left to the discretion of the City Council of Harrington.
A.
There shall be discharged into the sanitary sewer
system of the City of Harrington only such waste as is property designated
as "wastewater."
B.
No person shall discharge or cause to be discharged
to any sanitary sewer any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, building foundation drainage, basement
drainage, overflow or drainage from cesspools or septic tanks, and
uncontaminated cooling water.
C.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to wastewater facilities:
(1)
Any gasoline, benzene, naphtha, fuel, oil, or other
flammable or explosive liquid, solid, or gas.
(2)
Any waters or wastes containing toxic or poisonous
solids, liquids, or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving waters
of the sewage treatment plant.
(3)
Any waters or wastes having corrosive properties capable
of causing damage or hazard to structures, equipment, and personnel
of wastewater facilities.
(4)
Any solid or viscous substances in quantities or of
such size capable of causing obstruction to the flow or other interference
with the proper operation of the wastewater facilities such as, but
not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, underground garbage, whole
blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
D.
No person shall discharge or cause to be discharged
the following described substances, materials, waters, or wastes if
it appears likely, in the opinion of the Mayor and Council, that such
wastes can harm either the sewage treatment process or equipment,
have an adverse effect on the receiving stream, or can otherwise endanger
life, limb, public property or constitute a nuisance. In forming its
opinion as to the acceptability of these wastes, the Mayor and Council
will give consideration to such factors as the quantities of subject
wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage treatment process,
capacity of the sewage treatment plant, degree of treatability of
wastes in the sewage treatment plant, and other pertinent factors.
The substances prohibited are:
(1)
Any liquid or vapor having a temperature greater than
150° F. or an average temperature over an eight-hour period greater
than 100° F.
(2)
Any water or waste containing fats, wax, grease, or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperature
between 32° F. and 150° F. (0° C. and 65° C.).
(3)
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower (0.76 horsepower metric) or greater shall
be subject to the review and approval of the Mayor and Council.
(4)
Any industrial wastes that will not pass a twenty-mesh
screen or equivalent.
(5)
Any waters or wastes containing strong acid iron pickling
wastes, or concentrated plating solutions whether neutralized or not.
(6)
Any waters or wastes containing iron, chromium, copper,
zinc, and similar objectionable or toxic substances; or wastes exerting
an excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Mayor and Council for such materials
or which create any hazard in the receiving water of the treatment
plant. The following substances are not permitted in concentrations
above those listed. By amendment to the regulation, restrictions may
also be placed on other substances or the present concentration limits
revised, when it is shown that the presence of these substances or
concentrations at the treatment plant is sufficient to adversely affect
any portion of the treatment process.
|
Substance
|
Maximum Allowable Concentration
(mg/l)
| |
|---|---|---|
|
Arsenic as AS
|
0.5
| |
|
Cadmium as Cd
|
0.4
| |
|
Chromium (hexavalent) as Cr
|
0.2
| |
|
Cyanide as CN
|
0.5
| |
|
Lead as pb
|
0.5
| |
|
Copper as Cu
|
1.0
| |
|
Mercury as Hg
|
0.5
| |
|
Nickel as Ni
|
2.0
| |
|
Zinc as Zn
|
5.0
|
(7)
Any waters or wastes containing phenols or other taste-
or odor-producing substances, in such concentrations exceeding limits
which may be established by the Mayor and Council as necessary, after
treatment of the composite sewage, to meet the requirements of federal,
state, or other public agencies of jurisdiction for such discharge
to the receiving waters.
(8)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Mayor and
Council in compliance with applicable federal or state regulations.
(9)
Any waters or wastes having a pH lower than 5.5 or
greater than 9.5.
(10)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids
(such as, but not limited to, Fullers earth, lime residues) or of
dissolved solids (such as, but not limited to, sodium chloride and
sodium sulfate).
(b)
Excessive discoloration (such as, but not limited
to, sodium chloride and sodium sulfate).
(c)
A biochemical oxygen demand (BOD) greater than
300 milligrams per liter as determined from analysis of a twenty-four-hour
composite sample.
(d)
A chemical oxygen demand (COD) greater than
400 milligrams per liter as determined from analysis of a twenty-four-hour
composite sample.
(e)
A total suspended solids (TSS) load greater
than 300 milligrams per liter as determined from analysis of a twenty-four-hour
composite sample.
(f)
An average chlorine demand greater than 15 parts
per million.
(g)
Unusual "slug" of flow or concentration of wastes
which exceeds for any period of duration longer than 15 minutes more
than five times the average twenty-four-hour concentration of flows
during normal operation.
(11)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed, or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
E.
If any waters or wastes are discharged, or are proposed to be discharged to the wastewater facilities, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which, in the judgment of the Mayor and Council, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Mayor and Council may:
(1)
Require that the waste discharge be stopped or reject
the application to discharge proposed waste;
(2)
Require pretreatment to an acceptable condition before
discharge to the public sewers;
(3)
Require control over the quantities and rates of discharge;
and/or
(4)
Require payment to cover the added cost of handling
and treating the wastes not covered by existing user charge systems.
F.
When required by the Mayor and Council, the owner
of any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole together with such necessary
meters, automatic sampling devices and other appurtenances in the
building sewer to facilitate observation, sampling, and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located, and shall be constructed in accordance with plans
approved by the Mayor and Council. The manhole shall be installed
by the owner at his/her expense, and shall be maintained by him/her
so as to be safe and accessible at all times.
A.
Materials.
(1)
All sewer laterals shall be made of Class 52 ductile
iron or polyvinyl chloride (PVC) plastic gravity sewer pipe . Polyvinyl
chloride wye branches, pipe stoppers and other fittings shall be manufactured
in accordance with the same specifications and shall have the same
thickness, depth of socket, and annular space as the pipe. Tee fittings
will not be permitted for use. Wye branches shall be complete pipe
sections. Saddles will not be permitted for use.
(2)
Polyvinyl chloride (PVC) pipe shall equal or exceed
the requirements of ASTM D3034 and shall have a maximum standard dimension
ratio (SDR) of 35 and the minimum pipe stiffness, as tested in accordance
with ASTM D2412, shall be 45 when measured under five-percent deflection
at 73° F. PVC pipe shall be manufactured with integral wall bell
and spigot joints which utilize an elastomeric O-ring gasketed joint
conforming to ASTM D-1860. Pipe ends shall be beveled to accept gasketed
fittings.
B.
In laying drain pipe, special care shall be taken
to ensure watertight construction to prevent infiltration. Any indication
of leakage or possible infiltration shall be sufficient basis for
the City Manager and/or his/her designee disapproving connection and
requiring reconstruction.
[Amended 12-15-2008 by Ord. No. 08-07]
C.
In laying drain pipe connected to the municipal sewer
system, the trench shall be excavated along the line and to the exact
depth required. The minimum allowable grade or slope for house drains
shall not be less than 1/8 inch per lineal foot of drain. Whenever
possible, a greater grade shall be maintained. The trench shall be
of sufficient width to provide ample room for proper installation.
Bell holes shall be dug beneath each joint and the pipe allowed to
rest along its entire length on the bottom of the trench. The trench
must be kept dry by pumping, if necessary. No trench shall be backfilled,
or the pipe in same covered from view in any manner, until inspected
and approved by the City Manager and/or his/her designee.
[Amended 12-15-2008 by Ord. No. 08-07]
D.
After the pipe has been laid, the trench shall be
backfilled by placing loose, selected fill material, free from large
stones, brickbats, debris, etc., under the sides of the pipe around
and up to a distance of one foot from the bottom of the trench; thoroughly
tamping the same in not less than six-inch layers. From this point
to the top of the trench, the fill material shall be placed in maximum
eight-inch loose layers and each layer compacted to 95% of ASTM D698.
E.
The applicant shall determine from the City Manager
and/or his/her designee the distances and dimensions for locating
the existing house connection. The applicant shall make this connection
only at such point unless by special approval of the City Manager
and/or his/her designee. Connection to the City system shall be in
accordance with the City of Harrington standards and the requirements
of the City Manager and/or his/her designee.
[Amended 12-15-2008 by Ord. No. 08-07]
F.
Cleanouts along the building sewer lateral shall be
placed at the right-of-way line, at each bend in the lateral and at
a minimum spacing along the lateral of 100 feet or as required by
the local plumbing code.
G.
It shall be unlawful for any person, firm or corporation
to cut, break into, excavate or open the streets, avenues, or highways
of the City of Harrington, or any portion thereof, for the purposes
of connecting a house drain to the sewer system without obtaining
permits and approval from the City of Harrington.
H.
Every drainage fixture to be connected to the sewer
shall be sealed with a proper trap to prevent the escape of sewer
gases into the premises. No connection shall be made to the sewers
until the Building Inspector has determined that proper traps are
installed. No trap shall be of smaller size than the size required
for the fixture to which it is connected. Traps shall not be placed
at the foot of any soil or waste stack.
I.
In every existing building not already supplied and
in every building hereinafter erected where interior fixtures are
connected directly with the drainage system, there shall be a main
vertical soil or vent pipe which shall be not less than four inches
in diameter.
J.
A grease trap shall be installed in the waste line
leading from sinks, drains, or other fixtures in restaurants, hotel
kitchens or bars, factory cafeterias or restaurants, clubs, or establishments
where grease can be introduced into the drainage system in quantities
that can affect line stoppage or hinder sewage disposal. The size,
type and location of each grease trap shall be approved by the City
Manager and/or his/her designee and no wastes, other than those requiring
treatment or separation, shall be discharged into any lateral where
a grease trap exists. No grease trap shall hereinafter be installed
which does not comply in all respects with the type or model of each
size thereof approved by the City Manager and/or his/her designee.
No grease trap shall be approved until it has successfully passed
the testing and rating procedure established by the City Manager and/or
his/her designee. Grease traps shall be maintained in efficient operating
condition by periodic removal of accumulated grease. (A grease trap
shall not be required for individual dwelling units or any private
living quarters.)
[Amended 12-15-2008 by Ord. No. 08-07]
A.
Prior to connection of any individual industrial user
to the City sewer system, the industrial user must agree to the following
conditions:
(2)
Install and maintain metering equipment as specified
by the Mayor and Council.
(3)
Install and maintain a facility for sampling of discharge
and/or effluent from pretreatment facility as specified by the Mayor
and Council.
(4)
Allow for inspection and sampling by the City of Harrington
personnel or independent testing laboratory personnel as selected
by the Mayor and Council, at a sampling period satisfactory to the
Mayor and Council.
B.
All industrial users will be routinely checked for
SS, BOD, DO, and coliform and other constituents as deemed appropriate
by the City.
C.
The metering equipment, facilities and sampling period
may vary for each industrial user depending upon the type of waste
and type of processing and pretreatment. The unit charges to be established
per the surcharge provisions of the adopted user charge system will
be established by the Mayor and Council and will apply to all industrial
users.
D.
The City Manager or other duly authorized employees
are authorized to obtain information concerning industrial processes
which have a direct bearing on the kind and source of discharge to
the wastewater collection system. The industry may withhold information
considered confidential but must release all information related to
the types and quantities of constituents proposed to be discharged.
The industry must understand that the revelation to the public of
the information in question might result in an advantage to competitors.
A.
The purpose of this section is to establish appropriate
provisions for the equitable distribution of the debt service associated
with the sewer system improvements of the City and to be sure that
the cost of such debt service is proportionally borne by those who
receive the benefits of the sewer system improvements constructed
with the associated bond revenues.
B.
Refer to § 330-4 for definitions of “impact fee,” “sewer connection fee,” “EDU,” “sewage flow” and “annual production days.”
C.
All developers or owners of newly constructed structures
or enlarged/improved existing structures requiring sanitary sewer
service shall pay, prior to the issuance of a zoning compliance certificate,
a fee per EDU to the City. Council shall set the amount of the fee
on an annual basis during the budget process. Neither the City Manager
and/or his/her designee nor any other City representative shall issue
a certificate of occupancy until such fee is paid. The City reserves
the right to withhold sanitary sewer service until such time as the
fee is paid in full. Impact fees shall be reviewed every five years
by the Mayor and Council and may be adjusted to match changes in debt
services.
[Amended 6-21-2004 by Ord. No. 04-07; 12-15-2008 by Ord. No.
08-07]
D.
Establishment of equivalent dwelling units (EDUs). The rate per equivalent dwelling unit (EDU) shall be established in Chapter 180, Fees, Municipal.
[Amended 8-6-2012 by Ord. No. 12-18; 2-19-2013 by Ord. No. 13-01]
(1)
Determination for residential dwellings. Whenever by ordinance or
by contract the City imposes or assesses wastewater collection and
transmission charges or fees on the basis of EDUs, an EDU shall be
determined as defined in the most recent impact fee ordinance adopted
by the Kent County Levy Court. An EDU for a residential dwelling shall
be determined as follows:
(a)
Houses, dwellings, mobile homes and apartments with one kitchen
and one or more baths and bedrooms separate from the kitchen: 1.0
EDU.
(b)
Efficiency unit or cottage having a living space in one room
and having one bath: 1.0 EDU.
(c)
Dwelling with one kitchen and one or more baths and bedrooms
separate from the kitchen and attached to other dwellings or structures:
1.0 EDU.
(2)
Determination for nonresidential establishments. Whenever the City
imposes or assesses wastewater collection and transmission charges
or fees on the basis of EDUs, the number of EDUs to be charged shall
be determined using the appropriate specific assessment as defined
in the most recent impact fee ordinance adopted by the Levy Court
of the county. When users propose to discharge wastewater under circumstances
other than the specific assessments defined by the county, the City's
impact fee shall be calculated by the City Engineer based on flow
in gallons per day (GPD). In such cases where the impact fee is calculated
by flow, each EDU shall be equal to 250 GPD.
(3)
Minimum assignment. A minimum of one EDU will be assigned to each
establishment connecting to the system. For the purposes of calculating
the impact fees, fractional EDUs shall be rounded up to the nearest
tenth.
(4)
No assignment. If an establishment does not have any physical facilities
which have a load producing an effect on the City's wastewater
collection and transmission system, then the number of EDUs assigned
to it shall be zero.
(5)
Maximum assignment. The City shall in no case charge an impact fee
based on more than 100 EDUs per certificate of occupancy.
(6)
EDU credit. Any connection to the City's wastewater collection
and transmission system will be credited with any EDUs existing on
the property. As an example, if a house with an EDU is demolished
and a structure with 50 EDUs is put in its place, the owner shall
pay a water impact fee based on 49 EDUs. No EDUs shall be transferred
from one property to another property, whether or not such properties
are owned by the same person.
(7)
Deferred charge. All applicants for service, which have been served
by either private individual wastewater disposal systems or private
wastewater treatment plants, shall be subject to a deferred impact
fee charge. Payment of the deferred impact fee charge shall not be
required until such time as connection is made directly to the City's
wastewater collection and transmission system. The amount of the charge
shall be based on the prevailing impact fee at the time of connection.
This fee shall be in addition to any assessment to the tapping fee.
E.
If a developer proposes new development with an average
daily flow of 2,500 gallons per day or more, to connect to the City's
sanitary sewer infrastructure, i.e., pump/lift stations, collections
lines, transmission lines and/or other related appurtenances, but
the infrastructure is not sized to handle both the peak daily flows
(average daily flow multiplied by a peaking factor of 2.5 to 3.5,
depending on the size of the drainage basin) from the existing users
of the drainage basin and the proposed new development, the developer
shall perform one of the following in addition to the payment of the
impact fees:
(1)
Construct the necessary improvements to accommodate
the existing users and the new proposed development, prior to connecting;
or
(2)
Sign a public works agreement stating that necessary
improvements will be constructed when the existing infrastructure
reaches 90% of its peak daily flow capacity. The City shall then be
provided with an irrevocable letter of credit in the amount of 1.5
times the necessary improvement costs in order to accommodate the
new proposed development. The letter of credit must be renewable on
an annual basis, at the discretion of the City, until such time that
all improvements are implemented and accepted by the City. A technical
feasibility study is required in order to determine the necessary
improvements and their associated costs. The developer can then connect
to the existing infrastructure and use it until such time as it reaches
90% of its peak daily flow capacity. At the ninety-percent capacity
threshold, the developer shall construct the necessary improvements
to accommodate the additional proposed new development. Furthermore,
the developer shall have plans and specifications, prepared by a professional
engineer, detailing the necessary improvements, when the infrastructure
reaches 80% of its peak daily flow capacity. Once all necessary improvements
are in place and accepted by the City Engineer, the irrevocable letter
of credit will be returned to the issuer.
(3)
The above-mentioned capacity thresholds shall be determined
based on the number of EDUs (both in the existing drainage basin and
proposed developments). When the number of EDUs correlates with the
eighty-percent and ninety-percent capacity thresholds, design and
construction will be required respectively. Threshold determinations
will be made by the City Engineer.
(4)
In a case where multiple developers propose to utilize
the existing infrastructure of an existing sanitary sewer drainage
basin, the costs of associated improvements for each developer shall
be based on the percentage of flow that each development will contribute
to the infrastructure. The associated costs for each developer must
be specified in the signed public works agreement.
(5)
In a case where multiple developers propose to utilize
future infrastructure of a proposed sanitary sewer drainage basin
at different times, the cost of the associated improvements shall
be borne by the developer first to be served. Said developer shall
be reimbursed by future developers on a percentage of flow that each
development will contribute to the infrastructure up to the percentage
of the improvements not utilized by the initial or subsequent developer.
The associated cost for the initial developer and the subsequent reimbursement
percentages for the future developers must be specified in the signed
public works agreement.
F.
If two or more dwellings, apartments, stores, offices
or industrial units are connected through a single lateral, the impact
fee payable under the foregoing schedule shall be computed as though
each such dwelling, apartment, store, office, or industrial unit was
a separate property or user with a separate connection to the sewer.
G.
In the event that the City of Harrington is not provided,
upon request, with accurate information, including supporting documentation,
to determine the number of employees or pupils using any property
or such other data as may be necessary to determine a user classification
or rate, the City of Harrington's estimate or determination thereof
shall be conclusive.
H.
The City of Harrington reserves the right to change
commercial user flow data table from time to time, or add or delete
user classifications, and, in cases of dispute, to determine the proper
classification of a given property.[2]
[2]
Editor's Note: The flow data table is included at the end of this chapter.
I.
The purpose of the sewer connection fee is to establish
a means to recover the City's cost of installing sewer service lines.
[Added 5-20-2002 by Ord. No. 02-01]
A.
General.
(1)
As the owner and operator of a wastewater treatment
plant, the City of Harrington is aware of the necessity to control
wastewater discharges which originate at industrial user locations.
The City shall maintain discharge quality standards through monitoring
and enforcement of permit limits and/or the City of Harrington Sewer
Usage Ordinance.
(2)
The City of Harrington Industrial Pretreatment Program
Enforcement Response Plan (hereinafter sometimes referred to as "the
plan") is intended to provide defined and uniform response during
the course of enforcement of wastewater discharge compliance with
respect to the Sewer Ordinance. The plan applies to all contributors
to the City's sanitary conveyance system.
B.
Legal authority. Legal authority is established by this Article II, as adopted pursuant to the powers conferred upon the City of Harrington in Chapter 215, Volume 64, Laws of Delaware.
C.
Program administration.
(1)
The City Manager is directly responsible for staffing
and overseeing the industrial pretreatment program. The City Manager
assigns responsibilities for program management and approves enforcement
actions.
(2)
The City Manager shall appoint a pretreatment coordinator,
who shall be responsible for all routine and nonroutine pretreatment
activities involving City compliance with federal and state pretreatment
program regulations, program development, industrial user compliance
monitoring inspection, draft permits and new user applicant screening.
The pretreatment coordinator shall be the primary contract for all
pretreatment related issues, comments and questions.
D.
ADMINISTRATIVE FINE
ADMINISTRATIVE ORDER
ANALYSIS (or ANALYSES)
CHRONIC VIOLATIONS (CV)
CIVIL ACTION (or CIVIL LITIGATION)
CRIMINAL INVESTIGATION
INDUSTRIAL USER (IL)
INFREQUENT OR ISOLATED VIOLATION
NOTICE OF VIOLATION (NOV)
PERMIT LIMITS
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECURRING VIOLATION
REPORT CERTIFICATION
SIGNIFICANT NONCOMPLIANCE
SHOW-CAUSE ORDER
TECHNICAL REVIEW CRITERIA (TRC) VIOLATION
TERMINATION OF SERVICE
VIOLATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A punitive monetary charge unrelated to actual treatment
costs which is assessed by the City rather than a court.
A document which orders the violator to perform a specific
act or refrain from an act. For example, the order may require users
to attend a "show cause" meeting, to cease and desist discharging
or to undertake activities pursuant to a compliance schedule.
A laboratory procedure(s) which determines the concentration
of individual elements or compounds (which are regulated within permits
and/or this article) which may be present in wastewater discharge
to the City's sanitary sewer.
A violation in which 66% of more of the measurements obtained
for a single compound or element exceed the daily or average permit
limit. The violation is determined for a revolving six-month monitoring
period.
A lawsuit filed in a civil court. If the court rules that
the defendant industrial user violated the law, the court may impose
civil penalties, injunctions or other equitable remedies and/or cost
recovery.
An investigation requested of appropriate law enforcement
authority by the City of Harrington against an accused violator.
A source of indirect process wastewater discharge in combination
with or separate from domestic waste.
One violation of an industrial wastewater discharge permit
and/or the Sanitary Code as reported for the past 10 analyses for
a single contaminant compound or element.
Written notification sent to an industrial user in violation
of the City of Harrington ordinance or an industrial wastewater discharge
permit.
The limits of contaminant concentration that shall not be
exceeded by an industrial user. The limits may be different for each
industrial user and are found in each industrial users discharge permit.
The City of Harrington owned and operated wastewater treatment
plant operated for nonprofit public service.
More than one violation of an industrial wastewater discharge
permit and/or this article as reported for the past 10 analyses for
a single contaminant compound or element.
A signed statement required with each monitoring report which
certifies accurate and complete data. The statement must replicate
40 CFR 403.6(aa) and must be signed by an authorized representative
of the industrial user.
See Subsection E of this section.
A requirement of an administrative order which instructs
an industrial user to attend a hearing to show cause as to why a more
severe enforcement action should not be placed upon it.
A violation in which 33% or more of the measurements obtained
for a single compound or element exceed the daily or average permit
limit by more than the product of the limit times the TRC value. The
violation is determined for a revolving six-month monitoring period.
There are two groups of TRC values:
Pipe blockage or other disallowance of discharge to the City
sewer system.
Any action or lack of action which in itself or in connection
with other actions causes a condition which violates requirements
of the Sanitary Code or industrial wastewater discharge permits. Each
contaminant which equals or exceeds permit limits is a separate violation.
E.
Significant noncompliance. Significant noncompliance
(SNC) shall be defined as a violation or violations which meet one
or more of the following criteria:
(1)
Violations of wastewater discharge permit or this
article.
(a)
Chronic violations.
(b)
Technical review criteria (TRC) violations.
(c)
Any violation(s) of an effluent limit (average
or daily maximum) that has caused, alone or in combination with other
discharges, interference or pass-through, or has endangered the health
of the public or sewage treatment personnel.
(d)
Any discharge of a pollutant that has caused
imminent endangerment to human health and/or welfare or to the environment
and has resulted in the POTW's exercise of its emergency authority
to halt or prevent such discharges.
(2)
Violations of compliance schedule milestones contained
in a local control mechanism or enforcement order for starting or
completing construction and attaining final compliance by 90 days
or more after compliance schedule dates.
(3)
Failure to provide reports for compliance schedules,
self-monitoring data or categorical standards (baseline monitoring
reports, ninety-day compliance reports, compliance and periodic reports)
within 30 days from the due date.
(4)
Failure to accurately report noncompliance. The City
shall annually publish in the Harrington Journal newspaper a list
of industrial users which have demonstrated significant noncompliance
(SNC) with applicable pretreatment standards or other pretreatment
requirements during the 12 previous months as required by 40 CFR 403.8(f)(2)(vii).
The notice shall also summarize any enforcement actions taken against
the user(s) during the same 12 months.
F.
Response to violations.
(1)
Summary of enforcement responses.
(a)
Upon notification of discharge violations, the pretreatment coordinator shall initiate appropriate responses as required within the Enforcement Response Guide.[1]
[1]
Editor's Note: The Enforcement Response Guide is included at the end of this chapter.
(b)
Depending upon the nature of each violation,
the enforcement responses shall be:
|
Response
|
Responsible Official
| |
|---|---|---|
|
Telephone notification
|
Pretreatment coordinator (WWS)
| |
|
Notice of violation
|
Pretreatment coordinator (WWS)
| |
|
Administrative order
|
City Manager
| |
|
Show-cause hearing
|
City Manager
| |
|
Administrative fine
|
City Manager
| |
|
Civil action
|
City Manager
| |
|
Termination of service
|
City Manager
| |
|
Criminal investigation
|
City Manager
| |
|
Search warrant
|
City Manager
|
(2)
Initial response actions:
(a)
The wastewater treatment plant coordinator (WWS)
shall immediately determine the magnitude of any violation with respect
to dangers to health or environment upon receiving notice of such
violation. Responses to violations which are determined to most likely
not present immediate hazards shall be managed within time frames
specified below.
(b)
All notifications shall be investigated to determine
whether the industrial user has taken appropriate action to minimize
the effect of the violation. The investigation shall, in cases of
violation of discharge limits, include additional or confirmatory
sampling at a frequency which shall best define the extent of the
violation. Investigations shall, if necessary, include site visits,
records and plan review, interviews with industrial user staff and
report generation.
(c)
As an ongoing and dynamic activity, newly identified
users of the sanitary system shall be examined for wastewater discharge
quality. Any user determined to be in violation of this article shall
be notified of the violations and procedures for application for industrial
wastewater discharge shall be followed.
(d)
In the event that an industrial user is suspected
of discharging wastewater in violation of this article or wastewater
discharge permits and the industrial user denies such activity, the
pretreatment coordinator (WWS) shall utilize alternative methods to
obtain representative wastewater samples which originate at the site
in question.
(e)
Whenever necessary, appropriate federal, state
and local enforcement agencies shall be notified of the circumstances
of unusual violations.
(3)
Time frames for responses.
(a)
With the exception of emergencies, all violations
shall be identified and documented within five days of receiving compliance
information.
(b)
Initial enforcement responses which involve
requesting industrial users to provide information with regard to
corrective or preventative actions shall occur within 15 days of receiving
compliance information.
(c)
Follow-up actions for continuing or reoccurring
violations shall be conducted within 60 days of initial enforcement
responses. Compliance schedules shall be developed as necessary and
shall direct further response schedules.
(d)
Violations which threaten health, property or
environmental quality are considered emergencies and shall receive
immediate responses as necessary to minimize possible hazards.
(e)
All violations meeting the minimum criteria
for significant noncompliance shall be addressed through the issuance
of an administrative order within 30 days of receiving compliance
information.
(f)
Response to uncommon events which occur at frequencies
unrelated to permit or enforcement order schedules and are considered
significant to the operation of the City pretreatment program shall
be conducted within an appropriate time frame to minimize violation
magnitude.
G.
Administrative fines.
(1)
Fines shall be assessed to industrial users found
to be in violation of industrial wastewater discharge permits, this
article or pretreatment regulations or an administrative order by
the City Manager. The determination of fines for violations shall
be approved by the City Manager after consideration of relevant circumstances
regarding each violation. The City Manager shall consider the extent
of any harm caused by violations, preventative measures or corrective
action industrial users may have enacted as well as the compliance
history of the industrial user. The following table is intended to
guide the most basic application of assessing administrative fines.
|
Incident
|
Fine
| |
|---|---|---|
|
First
|
$100
| |
|
Second
|
$200
| |
|
Third
|
$300
| |
|
Fourth
|
$400
| |
|
Fifth
|
$500
| |
|
Sixth
|
$600
| |
|
Seventh
|
$700
| |
|
Eighth
|
$800
| |
|
Ninth
|
$900
| |
|
Tenth
|
$1,000
| |
|
Additional
|
$1,000
|
(2)
Any fine assessed hereunder may be appealed to the
Superior Court of the State of Delaware in and for Kent County, in
accordance with the Superior Court Civil Rules.
