[R.O. 2011 § 705.010; R.O. 2009
§ 52.01; CC 1981 § 29-1; Ord.
No. 76-11, 1-28-1976]
It is declared by the City Council
that the existing waterworks and the existing sewerage system of the
City shall be operated and maintained as a combined waterworks and
sewerage system, and that such combined system shall include the entire
existing waterworks and the entire existing sewerage system of the
City, together with all future improvements and extensions thereto,
whether to the waterworks or to the sewerage system or to both.
[R.O. 2011 § 705.020; R.O. 2009
§ 52.02; CC 1981 § 29-33; Ord.
No. 79-47, 5-16-1979; Ord. No. 07-158, 6-8-2007]
For the purpose of this Chapter,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Denotes biochemical oxygen demand, the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at twenty degrees Celsius (20°
C.) expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five (5) feet outside the inner face of the building wall.
The extension from the building drain to the public or private
sewer or other place of disposal.
A sewer designed and intended to receive and convey sewage,
stormwater, including roof and street drainage and unpolluted wastewater
and cooling water.
A lateral serving more than one (1) property or unit owner,
including the potential for same.
[Ord. No. 13-178 § 4, 9-24-2013]
The water discharged from any system of condensation, air-conditioning,
cooling, refrigeration or other, but which shall be free from odor
and oil. It shall contain no polluting substances which would produce
BOD or suspended solids each in excess of ten (10) milligrams per
liter.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
A system that is utilized for one (1) building lot.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
A private sewer pipe from a building drain to the public
sewer with no other common sewer tributary to it, including the connection
to the sewer.
[Ord. No. 13-178 § 4, 9-24-2013]
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Waters or wastes having:
The notice issued by the Superintendent upon determination
that the private or individual sewage disposal system is causing a
nuisance or health hazard.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
A sewer controlled by a private company.
The wastes from the preparation, cooking and dispensing of
food that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public or private sewers, with no particle greater than one-half (1/2)
inch in any dimension.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
The Board created under Section 125.570 et seq. of this Code of Ordinances.
[Ord. No.
22-023, 2-22-2022]
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residence,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than fifteen (15) minutes more than
five (5) times the average twenty-four-hour concentration or flows
during normal operation.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Any water or waste containing none of the following: free
or emulsified grease or oil; acid or alkali; phenols or other substances
imparting taste and odor in receiving waters; toxic or poisonous substances
in suspension, colloidal state or solution; and noxious or odorous
gases. It shall contain not more than one thousand (1,000) milligrams
per liter of dissolved solids, of which not more than two hundred
fifty (250) milligrams per liter shall be as chloride, with permissible
volume subject to review by the Water Division of the Public Works
Department; and not more than ten (10) milligrams per liter each of
suspended solids and BOD. The color shall not exceed fifty (50) units.
[The unit of color being that produced by one (1) milligram per liter
platinum, in the form of chloroplatinate ion.] The pH shall be between
six and five-tenths (6.5) and nine and five-tenths (9.5). Discharges
shall not elevate or depress the average cross sectional temperature
of the watercourse by more than five degrees Fahrenheit (5° F.).
[R.O. 2011 § 705.030; R.O. 2009
§ 52.03; CC 1981 § 29-34; Ord.
No. 79-47, 5-16-1979]
It shall be unlawful for any person
to place, deposit or permit to be deposited in any unsanitary manner
on public or private property within the City, or in any area under
the jurisdiction of the City, any human or animal excrement, garbage
or other objectionable waste.
[R.O. 2011 § 705.040; R.O. 2009
§ 52.04; CC 1981 § 29-35; Ord.
No. 79-47, 5-16-1979]
It shall be unlawful to discharge
to any natural outlet within the City, or in any area under the jurisdiction
of the City, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this Article.
[R.O. 2011 § 705.050; R.O. 2009
§ 52.05; CC 1981 § 29-36; Ord.
No. 79-47, 5-17-1979]
No unauthorized person shall maliciously,
willfully or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which is a part
of the sewage works. Any person violating this provision shall be
subject to immediate arrest under charge of destruction of public
property.
[R.O. 2011 § 705.060; R.O. 2009
§ 52.06; CC 1981 §§ 29.37 — 29.39; Ord. No. 79-47, 5-16-1979]
A.
Limited To Waste Discharge. The Director
of Public Works or his/her designee and other duly authorized employees
of the City bearing proper credentials and identification shall be
permitted to enter all properties for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this Article. The Director of Public Works or his/her designee
or his/her representatives shall have no authority to inquire into
any processes including metallurgical, chemical, oil, refining, ceramic,
paper or other industries beyond that point having a direct bearing
on the kind of source of discharge to the sewers or waterways or facilities
for waste treatment.
B.
Observance Of Company Safety Rules, Indemnification Of Company — Exception. While performing the necessary work on private properties referred to in Subsection (A) of this Section, the Director of Public Works or his/her designee or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
C.
Property Through Which City Holds Properly
Executed Easement Compliance With Terms Pertaining To Property. The
Director of Public Works or his/her designee and other duly authorized
employees of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the
City holds a properly executed easement for the purposes of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the sewage works lying within such
easement. All entry and subsequent work, if any, on such easement
shall be done in full accordance with the terms of the properly executed
easement pertaining to the private property involved.
[R.O. 2011 § 705.070; Ord. No. 16-112 § 1, 5-17-2016; Ord. No. 16-166 § 1, 8-16-2016]
A.
As a condition of furnishing sanitary sewer
service, the City shall not be responsible for damages for any failure
to remove wastewater from a customer's premises, for backup of wastewater
into a customer's premises or for interruption of service for any
reason. The City shall not be liable for damages resulting to a customer
or any other person, unless due to the negligence of the City and
in the absence of any contributory negligence on the part of the customer
or any other person. The City shall not be liable for damages caused
by an interruption of sewer service or for damages caused by defective
piping or appliances on a customer's premises or for any defect in
a customer's sewer lateral line.
B.
Overcharged Sanitary Sewer Line.
[Ord. No. 23-003, 1-17-2023]
1.
Notwithstanding the provisions of Subsection (A), upon receipt of a damage claim that the Director of Public Works determines is the result of an overcharged sanitary sewer line, the City, in its sole discretion and subject to appropriation of funds, may pay an amount not to exceed two thousand five hundred dollars ($2,500.00) to settle the claim; provided, that no insurance proceeds, FEMA or SEMA reimbursement or payment from another source is available to pay the claim; the City is released from liability for the claim; and subject to the direction of the Director, a backwater valve is installed in accordance with the Backwater Valve Program as set forth in Sections 705.370 to 705.420.
2.
The relief described in this Subsection (B) is not available when a backwater valve was previously installed on the premises, either while under customer's ownership or by a prior owner, as part of the Backwater Valve Program set forth in Sections 705.370 to 705.420 of the City's Code of Ordinances.
C.
Clogged Sanitary Sewer Line.
1.
Notwithstanding the provisions of Subsection (A), upon receipt of a damage claim that the Director of Public Works determines is the result of a clogged sanitary sewer line, the City, in its sole discretion and subject to appropriation of funds, may pay an amount not to exceed five thousand dollars ($5,000.00) per occurrence for the actual documented cost to clean up damage caused by the clogged sanitary sewer line and may pay up to ten thousand dollars ($10,000.00) per occurrence to repair damage or compensate for damaged personal property caused by the clogged sanitary sewer line; provided:
a.
The claimant used a City preapproved
contractor or a contractor acceptable to the Director to clean up
the damage;
b.
The amount paid by the City to repair
the damage or compensate for damaged personal property does not exceed
the actual documented total cost to repair the damage and the adjusted,
actual cash value of personal property damaged as determined by the
City's third party claims administrator;
c.
The claimant fully releases the City
from liability for the claim; and
2.
In no case shall a claimant receive
compensation from the City and proceeds from an insurance policy for
the same damage.
[R.O. 2011 § 705.350; R.O. 2009
§ 52.98; CC 1981 § 29-40; Ord.
No. 79-47, 5-16-1979]
A.
Any person found to be violating any provision of this Chapter, except Section 705.060(B), shall be served by the Director of Public Works or his/her designee with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection (A) of this Section shall be guilty of an ordinance violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
Any person violating any of the provisions
of this Chapter shall become liable to the City for any expense, loss
or damage occasioned the City by reason of such violation.
D.
The Director of Public Works is authorized to seek an injunction or other remedy to enjoin or prohibit any violation of any provision of this Chapter. This remedy shall be in addition to prosecution of a violation of this Chapter pursuant to Subsection (B) of this Section or any other available remedy.
[Ord. No. 18-053, 3-6-2018]
