[Ord. of 2-10-1986]
This article sets forth policies for the administration and operation of the City's wastewater collection and treatment system to assure that the facilities are used in the common interest of the public. The uniform requirements established herein for wastewater discharges are intended to enable the City to comply with the water quality requirements set forth in its NPDES permit issued by the Virginia State Water Control Board.
[Ord. of 2-10-1986]
Unless the context specifically indicates otherwise, the following words, terms or phrases used herein shall be defined as follows:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The laboratory determination of the quantity of oxygen by weight, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory conditions of incubation for five days at a temperature of 20° C.
BUILDING DRAIN
That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys such drainage to the building sewer.
BUILDING DRAINAGE SYSTEM
That part of the plumbing system which receives, conveys and removes liquid and water-carried wastes to a building drain.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to a public sewer.
CITY
The City of Franklin, Virginia.
CITY COUNCIL
The Franklin City Council.
CITY MANAGER
The City Manager or his authorized representative.
COD (CHEMICAL OXYGEN DEMAND)
The laboratory determination of the quantity of oxygen by weight, expressed in milligrams per liter, susceptible to oxidation by a strong chemical oxidant.
COMBINED SEWER
A sewer receiving combined waste.
COMBINED WASTE
A wastewater containing surface water or stormwater and sewage.
COMPATIBLE POLLUTANT
Wastewater constituents which the wastewater treatment plant is designed to treat, and wastewater substances which will not inhibit the wastewater treatment processes employed nor be detrimental to the receiving stream.
CONSTITUENT
Any analytically defined parameter.
CONTROL POINT (CONTROL MANHOLE)
A point of access to a course of discharge before the discharge mixes in the public sewer.
COOLING WATER
Once-through, noncontact cooling water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other sources.
DOMESTIC WASTES
A combination of water-carried wastes, consisting of wash water, culinary wastes and liquid wastes containing only human excreta and similar matter flowing in or from a building drainage system or sewer originating from residences, business buildings, institutions and commercial establishments.
EFFLUENT
Wastewater flowing out of any facility.
GARBAGE
Animal and vegetable wastes from the preparation, cooking and disposing of food; and from the handling, processing, storage and sale of food products and produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
INCOMPATIBLE POLLUTANT
Any wastewater constituent or substance which is not a compatible pollutant as defined in this section.
INDUSTRY
Any establishment which uses water in a product or generates a wastewater during any period of production.
INFLUENT
Wastewater, raw or partially treated, flowing into any sewage treatment device or facilities.
INTERCEPTING SEWER
A sewer which receives dry weather flow from sanitary sewers and/or additional predetermined quantities of combined waste and conducts such flow to a plant for treatment or disposal.
MASS EMISSION RATE
The weight of material discharged to the sewer system during a given time interval, expressed as pounds per day of a particular constituent or combination of constituents.
MAXIMUM PERMISSIBLE COMPOSITE CONCENTRATION
The highest allowable constituent concentration as determined by laboratory testing from representative samples collected during a minimum six-hour period of normal operation.
NATURAL OUTLET
Any outlet into a watercourse, ditch, lake or other body of surface water or groundwater.
NONDOMESTIC WASTE (INDUSTRIAL WASTE)
Any wastewater resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resource, or any mixture of such waste with water or domestic wastewater, as distinct from domestic wastewater.
NUISANCE
Anything which is judicially determined to be injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
OVERLOAD
The imposition of any constituent or hydraulic loading on a treatment facility in excess of its treatment capacity.
PERSON
Any individual, firm, company, association, society, corporation, institution, group or any other legal entity.
pH
The negative base 10 logarithm of the hydrogen-ion concentration expressed as moles per liter.
PREMISES
Any parcel of real estate, including any improvements, upon which there is a single user for the purposes of receiving, using and paying for sewer services.
PUBLIC SEWER
A sewer owned and operated by the City tributary to wastewater facilities operated by the City.
SANITARY SEWER
A sewer the specific purpose of which is to carry domestic or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater, and any unpolluted waters are not intentionally passed.
SEWAGE
The same as "wastewater," as defined.
SEWAGE TREATMENT WORKS (SEWAGE TREATMENT PLANT, WASTEWATER TREATMENT PLANT)
Any arrangement of devices, facilities and structures used for receiving, processing and treating wastewater, industrial wastes, and sludges from the sanitary or combined sewers.
SEWER
A pipe or conduit, generally closed, for carrying wastewater.
SEWERAGE SYSTEM
All sewers, laterals or other connections or plants which connect with or pertain to a connection with the sewers, plants, public works, and/or projects of the City, including all City-owned facilities.
SHALL
Is mandatory; MAY is permissive.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any direction.
STANDARD METHODS
The examination and analytical procedures set forth in the recommended standard analytical techniques prepared by the U.S. Environmental Protection Agency and published in the Federal Register and contained in the current edition of the APHA Manual which is identified as standard methods.
STORM SEWER
A public sewer which carries stormwaters and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
STORMWATER
The excess water running off from the surface of a drainage area or building during and following a period of precipitation.
SUPERINTENDENT
The superintendent of the wastewater treatment works, or his authorized representative.
SUSPENDED SOLIDS
The dry weight of solids, expressed as milligrams per liter, that either float on the surface of, are in suspension, or are settleable in, water, wastewater or other liquids and which are largely removable by a laboratory filtration device.
TO DISCHARGE
To include, to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when discharged to the sewer system in sufficient quantities, interfere with any sewage treatment process, constitutes a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant, poses a hazard to workers in the sewer system, constitutes a hazard to fish or animal life, or interferes with proper sludge disposal.
TWENTY-FOUR-HOUR, FLOW-PROPORTIONATE COMPOSITE SAMPLE
A sample consisting of several effluent portions collected during a twenty-four-hour period in which the portions of sample are proportionate to the flow and combined to form a representative sample.
UNPOLLUTED WATER
Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.
USER
Any person that discharges, causes or permits the discharge of wastewater into a public sewer.
USER CHARGE
A charge levied on the users of wastewater facilities and treatment works for the cost of operation and maintenance of such facilities and works.
WASTE
Rejected, unutilized or superfluous substances in liquid, gaseous or solid state resulting from domestic and nondomestic activities.
WASTEWATER
A combination of the water-carried waste from residences, business buildings, institutions, industrial establishments, and other sources, whether treated or untreated, discharged into or permitted to enter a public sewer.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
The chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER FACILITIES
All facilities for collection, pumping, treating and disposing of wastewater.
WASTEWATER PRETREATMENT
The treatment of wastewater before discharge into the sewerage system.
WASTEWATER TREATMENT PLANT
The sewage treatment works, as defined.
WATERCOURSE
A natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
[Ord. of 2-10-1986]
(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, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
(b) 
It shall be unlawful to discharge to any natural outlet or storm sewer 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, or such discharge has been permitted by the state water control board and/or federal permit.
(c) 
Where a public sewer is available, it shall be unlawful to construct or reconstruct any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage, except as hereinafter provided.
(d) 
The owner of any house, building, or property used for human occupancy, 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 sewer, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer. Any building beyond 200 feet from the public sewer, or constructed at such elevation that it cannot be connected by gravity to the public sewer, or in which, in the opinion of the City Manager it is impractical to connect to the public sewer, will not be required to so connect and shall instead install a private sewage disposal system in accordance with § 30-65.
[Ord. of 2-10-1986]
(a) 
Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system, the type, capacity, location and layout of which shall comply with regulations of and be approved by the department of health of the commonwealth. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(b) 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
(c) 
No statement contained in this article shall be construed to interfere with any additional requirement that may be imposed by the department of health of the commonwealth.
[Ord. of 2-10-1986; amended by Ord. of 5-22-2000(2)]
(a) 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the City Manager.
(b) 
The owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City Manager.
(c) 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner, except that the City shall install the building sewer from the owner's property line to the City main for single-family residences, duplexes and town houses (except for those located in subdivisions created on or after July 1, 2000), Should such line exceed 60 feet, the cost for that portion of the line exceeding 60 feet shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall pay the sewer connection fee to the City as set forth in § 30-8.
(d) 
No person, while engaged in the construction of a building or otherwise, shall injure, trim, break or remove any portion of any main or lateral sewer, or "Y," or manhole, or do any injury to any house sewer previously laid; and no penalty fixed by this article shall prevent the City or any property owner from recovering any damages sustained by reason of such injury, by appropriate civil action or otherwise.
(e) 
A separate and independent building sewer shall be provided for each building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(f) 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City, to meet all requirements of this article.
(g) 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(h) 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where basements are in existence at the time of adoption of this article [February 10, 1986] and are connected to existing septic tanks, and in the opinion of the City Manager it is impractical to connect by gravity to the public sewer, the basement building drains may continue to discharge to the septic tank until such time as there is failure of the tank or tile field, at which time the basement flow shall be lifted by approved means to the public sewer.
(i) 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(j) 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9 and in accordance with the Virginia Uniform Statewide Code BOCA Basic Plumbing. All such connections shall be made gastight and watertight. A cleanout shall be installed by the owner at the property line.
(k) 
The applicant for the building sewer permit shall notify the City Manager when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the City prior to use.
(l) 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
(m) 
Grease, oil and sand interceptors shall be provided when in the opinion of the City Manager they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City Manager and shall be so located as to be readily and easily accessible for cleaning and inspection.
(n) 
In case of stoppage in the main sewer, the City shall remove the obstruction. If the stoppage occurs in a building sewer, the City will clean the building sewer from an existing cleanout at the property line and repair that portion of any defective sewer within the street right-of-way. Where no building sewer cleanout exists at the property line, the City will install a cleanout at the owner's expense.
[Ord. of 2-10-1986]
It shall be unlawful for any person to discharge or permit the discharge or infiltration into any public sewer any of the following:
(1) 
Any liquid or vapor having a temperature higher than 120° F. (49° C.) or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of 10° F. (5° C.) or more per hour, or a combined total increase of plant influent temperature to 100° F. (38° C.).
(2) 
Any liquid containing fats, wax, grease or oils, whether emulsified or not, in excess of 300 milligram per liter, or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.) at the point of discharge into the system.
(3) 
Any explosive or flammable liquids, solids or gases in such concentrations which would cause or potentially cause an explosive, flammable or other hazardous condition. Such materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(4) 
Any substances, of such nature and quantity which, either singly or by interaction with other waste substances; do any of the following:
a. 
Cause obstruction to the flow in a sewer or damage to the wastewater facilities.
b. 
Reduce the biological effectiveness of, impede the proper functioning of, or otherwise hinder the performance of any wastewater treatment process.
c. 
Cause excessive loading or overloading of wastewater facilities or cause excessive treatment costs.
d. 
Pass to the receiving waters without being effectively treated due to the incompatibility of the substance and cause violation of state or federal regulations.
(5) 
Any discharge into public sewers of harmful quantities of solid substances, including but not limited to:
a. 
Ashes.
b. 
Cinders.
c. 
Sand.
d. 
Mud.
e. 
Straw.
f. 
Shavings.
g. 
Metal.
h. 
Glass.
i. 
Rags.
j. 
Tar.
k. 
Plastics.
l. 
Wood or sawdust.
m. 
Unground garbage.
n. 
Whole blood.
o. 
Paunch manure.
p. 
Hair and fleshings.
q. 
Entrails.
r. 
Feathers.
s. 
Bones.
t. 
Slops.
u. 
Paint residues.
v. 
Bulk solids.
(6) 
Any garbage that has not been properly shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than 1/2 inch in any dimension are prohibited.
(7) 
Any liquid having a pH lower than 6.0 or higher than 9.0 or having any property capable of causing hazard, damage or any condition deleterious to structures, equipment, personnel, treatment processes or operation of the wastewater facilities.
(8) 
Any noxious or malodorous substance which is capable of causing objectionable odors, public nuisance, hazard to life or any condition which requires unusual provisions, alteration or expense to accommodate such material.
(9) 
Any wastewater containing in excess of the following limitations:
Constituent
Daily Concentration 24-Hour Composite Sample
(mg/l)
Instantaneous Concentration Grab Sample
(mg/l)
Arsenic
0.02
0.02
Barium
2.0
2.0
Boron
0.05
0.1
Cadmium
0.1
0.1
Chemical oxygen demand
300
500
Chlorides
250
500
Chromium, trivalent
1.0
1.0
Chromium, hexavalent
0.1
0.1
Copper
0.2
0.2
Cyanide
0.25
0.25
Iron
1.0
2.0
Lead
0.1
0.1
Manganese
1.0
2.0
Mercury
0.005
0.005
Nickel
0.2
0.2
Phenolic compounds
0.2
0.5
Selenium
0.02
0.02
Silver
0.1
0.1
Surfactants
5.0
10.0
Tin
0.2
0.2
Zinc
0.2
0.2
(10) 
Any dilution water for the purpose of satisfying the requirements set forth herein, except when such dilution may be beneficial in the operation of the wastewater treatment plant and is approved by the superintendent.
(11) 
Any wastewaters at a flow rate which is excessive relative to the capacity of the treatment works and which would cause a treatment process upset and subsequent loss of treatment efficiency; or wastewaters containing such concentration or quantities of pollutants that their introduction into the treatment works over a relatively short time period (sometimes referred to as slug discharges) would cause a treatment process upset and subsequent loss of treatment efficiency.
(12) 
Any unpolluted stormwater, surface water, groundwater, roof runoff, interior or exterior footing or basement floor drainage, subsurface drainage, or cooling water.
[Ord. of 2-10-1986]
(a) 
The Federal Water Pollution Control Act Amendments of 1972 require industrial users discharging incompatible pollutants into publicly owned treatment works to pretreat such incompatible pollutants to the extent required by effluent limitation guidelines promulgated by the administrator of the U.S. Environmental Protection Agency, pursuant to Sections 301(b) and 307(b) of the Act. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article.
(b) 
If the City Manager determines that the limitations in § 30-67 may not be sufficient to protect the wastewater facilities; or if the City Manager determines that the limitations in § 30-67 may not be sufficient to enable the treatment works to comply with water quality standards or effluent limitations specified in NPDES permit issued; or if the City Manager determines that the limitations in § 30-67 do not provide the overall most cost-effective means of wastewater treatment at the treatment works; the City Manager may modify these limitations in whatever manner is necessary to assure overall cost effectiveness. Such modifications shall be based on adequate supportive engineering information and shall be subject to review by federal and state agencies.
[Ord. of 2-10-1986]
Any liquids containing toxic materials in sufficient quantity, either singly or by interaction with other wastes, which would tend to injure or interfere with any treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters or the effluent of the sewage treatment plant are hereby prohibited.
[Ord. of 2-10-1986]
No user shall discharge radioactive materials into public sewers.
[Ord. of 2-10-1986]
A user proposing to discharge holding tank waste into a public sewer must secure written permission. This permit will state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics. If permission is granted for discharge of such waste into a public sewer, the user shall pay applicable user charges and fees and shall meet such other conditions as required by the City Manager.
[Ord. of 2-10-1986]
No person shall discharge any waste directly into a manhole or other opening in a public sewer other than through an approved building sewer unless upon written application by the user and payment of the applicable user charges and fees the City Manager issues a permit for such direct discharge. This provision does not apply to employees or agents of the City involved in the construction, repair or maintenance of the sewerage system.
[Ord. of 2-10-1986]
If wastewater containing any substance described in § 30-67 is discharged or proposed to be discharged into the sewerage system of the City or to any sewerage system tributary thereto, the City may take any appropriate action necessary to:
(1) 
Prohibit the discharge of such wastewater.
(2) 
Require a discharge, to demonstrate that in-plant modifications will eliminate the discharge of such substances to a degree as to be acceptable to the City.
(3) 
Require pretreatment, including storage facilities or flow equalization if necessary, to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate the provisions of this article.
(4) 
Require the person making, causing or allowing the discharge to pay any added cost of handling and treating excess loads imposed on the sewerage facilities.
(5) 
Take such other remedial action as may be deemed to be desirable or necessary.
[Ord. of 2-10-1986]
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be approved before construction of the facility. The review of such plans and operation procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
[Ord. No. 2003-12, 8-25-2003]
(a) 
Grease, oil, sand and other harmful substance interceptors or separators shall be provided by users discharging nondomestic waste into the public sewer when, in the opinion of the Director of Public Works, or his or her designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, other flammable liquids, sand or other substances which may be harmful or hazardous to the public sewer system or waste water treatment plant, except that such interceptors or separators shall not be required for private living quarters or dwelling units. Nondomestic users requiring such interceptors or separators shall include, but are not limited to, establishments which prepare food, motor vehicle garages, car washes, factories where oil or flammable liquid wastes are produced, laundries, bottling establishments and slaughterhouses.
(b) 
All such interceptors and separators shall be of a type and capacity approved by the Director of Public Works, or his or her designee and installed and maintained in accordance with the Virginia Uniform Statewide Building Code. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers, which when bolted in place, shall be gastight and watertight. The Building Official and the plant manager of the wastewater treatment plant shall work together to coordinate the approval and installation of such equipment.
(c) 
Interceptors and separators shall be installed in such places as afford ready access for cleaning and maintenance by the user and periodic or random inspection by employees or agents of the City during regular hours of operation, they shall be maintained by the user, at its expense, in continuous and efficient operation at all times and records of such maintenance shall be kept for a period of at least three years.
(d) 
In maintaining the interceptors or separators the users shall be responsible for the proper removal and disposal, of the captured materials no less than every 30 days and shall maintain records of such disposal for a period of at least three years, which records shall be subject to periodic or random inspection and copying by employees or agents of the City. In addition, copies of agreements between users and approved disposal companies shall be made available for inspection and copying by employees or agents of the City.
(e) 
In the event that wastewater discharged from an interceptor or separator into a user's lateral sewer lines has grease concentrations which exceed 275 milligrams per liter as identified by EPA Method 413 or has concentrations of other pollutants which exceed EPA standards as they may change from time to time, the cost of sampling and removal of such grease or other pollutants shall be borne by the user.
(f) 
This article shall apply to all users of the municipal wastewater treatment plant both within and without the corporate limits of the City. The Director of Public Works, or his or her designee, shall have the authority to administer, implement and enforce this section.
(g) 
Any person violating this section shall be guilty of a Class 3 misdemeanor.
[Ord. of 2-10-1986]
No statement contained in this section shall be construed as preventing any special agreement between the City and any user of the wastewater facilities, whereby a wastewater of unusual strength or character may be accepted into the system when unusual or extraordinary circumstances compel special terms or conditions. No such agreement, however, shall be made which would allow the combined influent to the wastewater treatment plant to exceed the limitations set forth in § 30-67.
[Ord. of 2-10-1986]
All nondomestic users proposing to connect to or to discharge into a public sewer shall first obtain a wastewater discharge permit. All existing nondomestic users connected to or discharging into a public sewer shall obtain a wastewater discharge permit within 120 days after the effective date of this article.
[Ord. of 2-10-1986]
(a) 
Users seeking a wastewater discharge permit shall complete and file with the City Manager an application in the form prescribed by the City Manager, and accompanied by any applicable fees within 30 days after the effective date of this article. The applicant shall be required to submit, where applicable, in units and terms appropriate for evaluation, information including but not limited to the following:
(1) 
Name, address and telephone number of applicant or responsible party.
(2) 
Volume of wastewater to be discharged.
(3) 
Schedule of all industrial process waste flows produced before pretreatment, if any, at the premises, including the daily volume, maximum rate of discharge, and wastewater constituents and characteristics as determined by a representative analysis.
(4) 
Time and duration of discharge.
(5) 
Average and hourly peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Conceptual site and plumbing plans to show all connections to the sewerage system.
(7) 
A general description of activities, facilities and plant processes on the premises, including all process waste materials which are or could be discharged, but excluding proprietary information concerning process and products.
(8) 
Each product produced by type.
(9) 
Number of employees, and hours of work.
(10) 
Any other relevant information as may be deemed by the City Manager to be necessary to evaluate the permit application.
(b) 
The City Manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City Manager shall issue within 60 days a draft wastewater discharge permit. A thirty-day comment period shall be allowed all users, and thereafter the City Manager shall issue a wastewater discharge permit if all of the terms and conditions herein are complied with.
[Ord. of 2-10-1986]
Wastewater discharge permits shall be subject to all provisions of these regulations and all other pertinent regulations, user charges and fees established by the City. Wastewater discharge permits may contain the following:
(1) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sewer.
(2) 
The maximum permissible instantaneous and composite concentration and mass emission rates of wastewater constituents.
(3) 
Limits on rate and time of discharge or requirements for flow regulation and equalization.
(4) 
Requirements for inspection and sampling facilities.
(5) 
Pretreatment requirements.
(6) 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule.
(7) 
Requirement for submission of periodic discharge reports. The discharge report may include but not be limited to wastewater volume, rates of flow, constituent concentrations and mass emission rates, hours of operation, number of employees, or other information which relates to the wastewater discharge to the sewers.
(8) 
Requirements for maintaining plant records relating to wastewater discharge as specified by the City Manager and affording access thereto.
(9) 
Other conditions as deemed appropriate by the City Manager to ensure compliance with this article.
[Ord. of 2-10-1986]
Wastewater discharge permits shall be issued for a specified time period, not to exceed two years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The terms and conditions of the permit may be subject to modifications and change by the City Manager during the life of the permit as limitations or requirements are modified and changed by state and federal regulations. Whenever possible, users shall be informed of any proposed changes in permits at least 90 days prior to the effective date of change. Users shall be allowed a comment period, relating to any of the proposed changes in permits, which shall be the first 45 days of the ninety-day period prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Ord. of 2-10-1986]
A wastewater discharge permit shall be issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassignable or transferable, and shall only be used for the operation for which it was obtained.
[Ord. of 2-10-1986]
Users shall notify the superintendent or City Manager immediately upon accidentally discharging wastes in violation of these regulations. User are required to take counter-measures to stop the discharge and to neutralize its effect, if possible. Such notification shall be followed, within three days of the date of occurrence, by a detailed written statement to the City Manager, describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. The City Manager may require the user to provide protection from accidental discharge of prohibited materials or other wastes regulated by this article.
[Ord. of 2-10-1986]
Any proposed change in a discharge to the wastewater facilities by any nondomestic user, including any new significant discharge or significant change in the quantity or quality of an existing discharge, must be reported to the City Manager.
[Ord. of 2-10-1986]
(a) 
Wastewater user charges shall be based on the metered water consumption on the premises. The sanitary sewer service charges shall be as established by the City Council. Where a meter serves a building in which there is located more than one family living unit, apartment or tenant, the basic monthly charge shall be multiplied by a factor equal to the number of family units or apartments served by the meter, regardless of whether such unit is served on a separate meter, or on the same meter with other such units in the same building.
(b) 
In addition to the above, any discharger whose waste has a BOD exceeding 300 ppm or has a suspended solids (SS) exceeding 300 ppm shall pay a surcharge of 2% of the base rate for each ten ppm of BOD and or SS above 300 ppm.
(c) 
If any water meter fails to register properly, the user charge shall be estimated using the average of the readings for the two previous billing periods.
(d) 
Users using private water supplies may be required to install, at their own expense, a flow meter or other device for determining the volume of wastewater discharged to the sewerage system. Where no such device exists, and installation of such device is not required by the City Manager, the user shall pay a wastewater user charge based on the average water consumption rates for this type of user.
(e) 
Users not discharging the entire volume of consumed water into sewers may be allowed a reduction in user charge provided the portion not discharged to the sewer is, in the opinion of the City Manager, a significant volume and provided the user installs, at the user's expense, a meter or other approved flow measurement device for determining the volume of wastewater either discharged or not discharged to the sewers.
[Ord. of 2-10-1986]
Any user who violates any of the following conditions may be subject to the revocation of his discharge permit:
(1) 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
(2) 
Failure of the user to report significant changes in wastewater constituents or characteristics.
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(4) 
Violation of the conditions of the permit or of this article.
[Ord. of 2-10-1986]
The City Manager may terminate wastewater service and disconnect a user from the system when any of the following occur:
(1) 
Materials damaging to sewer lines or treatment process are released by the user to the sewer, causing deterioration of these structures or interfering with proper conveyance and treatment of wastewater.
(2) 
The effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the user is delivering wastes to the wastewater system that cannot be sufficiently treated or require pretreatment.
(3) 
The user does any of the following:
a. 
Discharges wastewater that is in significant violation of the permit issued.
b. 
Fails to pay user charges for public sewer services when due.
c. 
Discharges prohibited wastes to public sewers.
d. 
Violates any requirement of this article.
[Ord. of 2-10-1986]
The City Manager will endeavor within reasonable limits to eliminate or remedy violation without resorting to discontinuance of the user's discharge. However, if those informal efforts have been unsuccessful, the City Manager is authorized to revoke the discharge permit and terminate service to a user. The City Manager shall not revoke a discharge permit and terminate service to a user without first delivering to the user written notice of such proposed revocation and termination. The notice shall state the reason or reasons of the revocation and may allow a reasonable time for satisfactory compliance to meet the wastewater constituents and/or characteristic limitation(s) that are being violated. Nothing in this article is intended to deter, hinder or stop the City Manager from taking immediate action to terminate service to a user when there is imminent risk or great danger to the wastewater facilities.
[Ord. of 2-10-1986]
The City Manager may direct any user who causes or allows an unauthorized discharge to show cause before the City Council why such discharge should not be discontinued. A notice shall be served on the offending party, specifying the time and place of a hearing, such time to be not less than five days from the date of the notice, to be held by the City Council regarding the violation and directing the offending party to show cause why an order should not be issued directing the discontinuance of such discharge. The City Council shall conduct the hearing and take the evidence. At any public hearing, testimony taken before the City Council must be under oath and recorded. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge, directing that, within a specified time period, the discharge shall be discontinued unless adequate treatment works, facilities or devices shall have been installed, or existing treatment works, facilities or devices, if adequate, are properly operated, or such other action is taken as the City Council may deem necessary. Any user, aggrieved by any order or other action of the City Council, shall have a right to judicial review thereof by the circuit court having jurisdiction by an appropriate petition to such court filed within 30 days of the date of the order of the City Council.
[Ord. of 2-10-1986]
If any user discharges sewage, industrial waste or other wastes to the wastewater facilities under the jurisdiction of the City contrary to any order of the City Council, the City may commence an action by proceeding in the circuit court having jurisdiction where the discharging facilities are located for the purpose of having the discharge stopped.
[Ord. of 2-10-1986]
A violation of any provision of this article shall constitute a Class 4 misdemeanor. Each day's continuance of such violation shall constitute a separate offense. The penalties so imposed, plus reasonable attorney's fees, court costs and other expenses of litigation, are recoverable by the City.
[Ord. of 2-10-1986]
In addition to the penalties provided in § 30-89, whenever a user violates any provision of this article or fails to comply with any order of the City Council, the City may apply to the circuit court having jurisdiction where the discharger is located for the issuance of an injunction restraining the user from making any further discharges to the facilities under the jurisdiction of the City.
[Ord. of 2-10-1986]
Any user or permit applicant affected by any decision, action or determination made by the City Manager, interpreting or implementing the provisions of these regulations or in any permit issued herein may file with the City Manager a written request for reconsideration within 10 days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The decision of the City Manager shall remain in effect during such period of reconsideration. Any person aggrieved by a decision shall have the right to judicial review by appeal to the circuit court having jurisdiction, appeal to be made within 30 days of the date of such decision.
[Ord. of 2-10-1986]
When a discharge of waste causes an obstruction, damage or any other impairment to wastewater facilities, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's charges and fees and collect the same as the user's charges and fees are collected.
[Ord. of 2-10-1986]
(a) 
Authority of the City Manager. The City Manager is charged with the responsibility for the City's wastewater discharge control program and enforcement of the provisions of this article.
(b) 
Severability clause. If the provisions of any paragraph or section of this article are declared unconstitutional or invalid by the final decision of any court of competent jurisdiction, the provisions of the remaining paragraphs, sections or articles shall continue in full force and effect.
(c) 
Other regulations. This article supplements other regulations now in force in the City. All parts of these existing which are in conflict herewith are hereby rescinded. All other parts of articles and ordinances remain in full effect.
(d) 
Effective date. This article shall become effective on February 10, 1986.