[R.O. 2011 §25-1; Ord. No. 2978 Art. I §1-3, 4-2-2001]
A.
This
Chapter sets forth uniform requirements for users of the publicly
owned treatment works for the City of Salem and enables Salem to comply
with all applicable State and Federal laws, including the Clean Water
Act (33 United States Code Sections 1215 et seq.) and the general
pretreatment regulations (40 Code of Federal Regulations Part 403).
The objectives of this Chapter are:
1.
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
2.
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
3.
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
4.
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
5.
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
6.
To enable the City of Salem to comply with its national pollutant
discharge elimination system permit conditions, sludge use and disposal
requirements, and any other Federal or State laws to which the publicly
owned treatment works is subject.
B.
Except
as otherwise provided herein, the Superintendent shall administer,
implement, and enforce the provisions of this Chapter. Any powers
granted to or duties imposed upon the Superintendent may be delegated
by the Superintendent to other City personnel.
C.
The
following abbreviations, when used in this Chapter, shall have the
designated meanings.
1.
BOD — Biochemical Oxygen Demand.
2.
CFR — Code of Federal Regulations.
3.
COD — Chemical Oxygen Demand.
4.
EPA — U.S. Environmental Protection Agency.
5.
gpd — gallons per day.
6.
mg/l — milligrams per liter.
7.
NPDES — National Pollutant Discharge Elimination
System.
8.
POTW — Public Owned Treatment Works.
9.
RCRA — Resource Conservation and Recovery
Act.
10.
SIC — Standard Industrial Classification.
11.
TSS — Total Suspended Solids.
12.
U.S.C. — United States Code.
[R.O. 2011 §25-2; Ord. No. 2978 Art. II §§1 — 48, 4-2-2001]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. Sections 1251 et seq.
The State is the Approval Authority.
If the user is a corporation:
The President, Secretary, Treasurer, or a Vice President of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one (1) or more manufacturing, production, or
operation facilities employing more than two hundred fifty (250) persons
or having gross annual sales or expenditures exceeding twenty-five
million dollars ($25,000,000.00) (in second (2nd) quarter 1980 dollars),
if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: A general
partner or proprietor, respectively.
If the user is a Federal, State, or local governmental facility:
A director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in paragraphs (1) through (3) above
may designate another authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to Salem.
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) (1.5 meters) outside the inner face of the
building wall.
The extension from the building drain to the public sewer
or other place of disposal.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 — 471.
The City of Salem.
A sewer receiving both surface runoff and sewage.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from handling, storage, and sale
of produce.
A sample of which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
fifteen (15) minutes.
The introduction of pollutants into the POTW from any non-domestic
source regulated under Section 307(b), (c), or (d) of the Act.
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations of its sludge processes, use or
disposal; and therefore is a cause of a violation of the City's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent State and local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any State regulations contained in any State sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control Act, and the Marine
Protection, Research, and Sanctuaries Act.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
Section, provided that:
The building, structure, or installation is constructed at a
site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge to pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of Section (2)(a) or (b) above but otherwise
alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical waste, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes, or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 710.200(D) of this Chapter.
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 particle greater than one-half (½)
inch (1.27 centimeters) in any dimension.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
A "treatment works" as defined by Section 212 of the Act
(33 U.S.C. Section 1292) which is owned by the City. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant.
A sewer which carries sewage and to which storm, surface,
and ground waters are not intentionally admitted.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface, and storm waters 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.
Is mandatory; MAY: Is permissive.
A user subject to categorical pretreatment standards.
A user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling, and boiler blowdown wastewater);
Contributes a process waste stream which makes up five percent
(5%) or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection (2)(b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant user.
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 (24) hour concentration or
flows during normal operation.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snow
melt.
The Superintendent of Sewage Works of the City of Salem,
or his/her authorized deputy, agent, or representative.
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.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A channel in which a flow of water occurs, either continuously
or intermittently.
[R.O. 2011 §25-3; Ord. No. 2978 Art. III §§1 — 5, 4-2-2001]
A.
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 of Salem, or in any area under the jurisdiction of said City
of Salem, any human or animal excrement, garbage, or other objectionable
waste.
B.
It
shall be unlawful to discharge to any natural outlet within the City
of Salem, or in any area under the jurisdiction of said City of Salem,
any sewage or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
Chapter.
C.
Except
as hereinafter provided, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool, or other facility intended
or used for the disposal of sewage.
D.
The
owner of all houses, buildings, or properties used for human employment,
recreation, or other purposes, situated within the City and abutting
on any street, alley, or right-of-way in which there is now located
or may in the future be located a public sanitary or combined sewer
of the City, is hereby required, at his/her expense, to install suitable
toilet facilities therein, and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this Chapter, within ninety (90) days after the date of official notice
to do so, provided that said public sewer is within one hundred (100)
feet (30.5 meters) of the property line.
E.
General Prohibitions. No user shall introduce or cause to
be introduced into the POTW any pollutant or wastewater which causes
pass through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other national, State, or local pretreatment
standards or requirements.
[R.O. 2011 §25-4; Code 1977 §67.140]
Approved type privies may be temporarily erected and maintained
on construction sites with the approval of the City Sewer Inspector.
[R.O. 2011 §25-5; Ord. No. 2514 §1, 4-5-1982]
All utility services to those residences, trailers, mobile homes or buildings not in compliance with Section 710.030(D) shall be disconnected.
[R.O. 2011 §25-6; Code 1977 §67.150; Ord. No. 3570, 9-12-2023]
Every person obtaining a sewer installation hookup to the public
sewers of the City of Salem shall pay to the City of Salem for such
hookup a sewer installation fee of one thousand five hundred thirty-six
dollars ($1,536.00) for a four (4) inch line one thousand six hundred
forty-eight dollars ($1,648.00) for a six (6) inch line.
[R.O. 2011 §25-7; Code 1977 §67.160]
For the payment of such fee, the City of Salem shall install
one (1) sewer connection by tapping the City sewers or closest point
of City sewage disposal and shall furnish sewer installation from
the point of the tap to a point five (5) feet within the sewer user's
property line; provided that in no event shall the City provide more
than twenty-five (25) total feet of sewer installation. Any pipe and
excavation necessary to extend the line beyond a point five (5) feet
within the property line or beyond twenty-five (25) total feet of
sewer installation, whichever is less, shall be furnished by the sewer
user.
[R.O. 2011 §25-8; Code 1977 §67.170]
The City of Salem shall have and receive compensation for sewer
service at rates, including a minimum monthly charge, established
from time to time by ordinance of the Board of Aldermen and filed
in the office of the City Clerk.
[R.O. 2011 §25-9; Code 1977 §67.180; Ord. No. 3438, 3-2-2020; Ord. No. 3442, 3-23-2020]
A.
In
the event the current monthly bill is not paid within twenty (20)
days from the date of the bill, the customer shall pay a penalty of
ten percent (10%) of the amount of the sewer portion of the bill.
The City Administrator with approval of the Mayor or President of
the Board of Aldermen has the authority to adjust the billing penalty
dates or waive the delayed penalty for good cause if otherwise compliance
therewith is found to be impossible, impracticable, or unreasonable,
and to promote fairness in dealings between the City and its customers.
B.
Nothing
in this Section shall be construed as granting authority to shorten
the time period of twenty (20) days for assessment of a delayed payment
penalty.
[R.O. 2011 §25-10; Code 1977 §67.190]
In addition to the above compensation, the City of Salem shall
collect sales tax as provided by State law on the total charges for
sewer use.
[R.O. 2011 §25-11; Code 1977 §67.200]
The City of Salem may provide lateral lines from its sewer mains
upon such terms and at such charges as shall be established from time
to time by ordinance of the Board of Aldermen and filed in the office
of the City Clerk.
[R.O. 2011 §25-12; Code 1977 §67.210]
No connection or hookups to the City sewer systems shall be
made except by City employees in accordance with the provisions of
this Chapter.
