[HISTORY: Adopted by the Mayor and Council of the City of Taneytown 1-14-1980 by Ord. No. 5-79 as Title 5, Ch. 2 of the 1980 Code. Amendments noted where applicable.]
[Amended 6-11-1984 by Ord. No. 4-84]
This chapter sets forth uniform requirements for direct and indirect contributors to the sewerage facilities of the City of Taneytown and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR Part 403).
The objectives of this chapter are:
To prevent the introduction of pollutants into the sewerage system which will interfere with the operation of the system or contaminate the resulting sludge.
To prevent the introduction of pollutants into the sewerage system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system.
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
To provide for equitable distribution of the cost of the sewerage system.
The short title of this chapter shall be the "City of Taneytown Sewer Use Code."
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words, terms and phrases are as follows:
- ACT or THE ACT
- The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
- BOD (biochemical oxygen demand)
- The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C.
- The City of Taneytown, Maryland, or its authorized deputy, agent or representative.
- Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce.
- IMPROVED PROPERTY
- Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage and/or industrial wastes shall be or may be discharged.
- INDUSTRIAL ESTABLISHMENT
- Any room, group of rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of one business enterprise for manufacturing, fabricating, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sewage, shall be discharged.
- INDUSTRIAL WASTE
- Solid, liquid or gaseous substances, waterborne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, trade or business process or in the course of development, recovering or processing of natural resources, but not sewage.
- The inhibition or disruption of the sewage treatment plant processes or operations which contributes to a violation of any requirement of the city's National Pollutant Discharge Elimination System (NPDES) permit. The term includes prevention of sewage sludge use or disposal by the city in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the city.
- Milligrams per liter.
- Any person vested with ownership, legal or equitable, sole or partial, of an improved property.
- Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
- The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalent per liter of solution, indicating the degree of acidity or alkalinity of a substance.
- PRETREATMENT or TREATMENT
- The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewerage facilities. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes or by other means, except as prohibited by federal regulations.
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
- A. Any person holding an undergraduate degree in chemistry or in a closely allied field (e.g., biology or sanitary engineering); or
- B. Any other person who has demonstrated competency in wastewater analysis by having analyzed satisfactorily a minimum of three reference wastewater samples as supplied upon request by the city.
- The normal water-carried household and toilet waste from any improved property, excluding, however, the effluent from septic tanks or cesspools, rain, stormwater and groundwater, as well as roof or surface water, drainage or percolating or seeping waters or accumulation thereof, whether underground or in cellars or basements.
- SEWAGE TREATMENT PLANT
- That portion of the sewerage system designed to provide treatment to wastewater, including, but not necessarily limited to, any arrangement of devices and structures used for treating sewage and authorized industrial waste.
- SEWERAGE SYSTEM
- Any sanitary sewers that convey wastewater to the sewage treatment plant, but not including pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "sewerage system" shall also include any sewers that convey wastewaters to the sewerage system from persons who are, by contract or agreement with the city, users of the city's sewerage system.
- 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 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation.
- STANDARD METHODS
- An abbreviated expression used to denote Standard Methods for the Examination of Water and Wastewater, a manual published by the American Public Health Association specifying official analytical procedures for the measurement of wastewater parameters.
- SUSPENDED SOLIDS
- 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.
- TOTAL SOLIDS
- The sum of dissolved and undissolved constituents in water or wastewater.
- TOXIC SUBSTANCE
- Any substance or combination of substances that is listed as toxic in regulations of the Environmental Protection Agency or is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the sewerage system or in the receiving waters of the sewage treatment plant.
- UNAUTHORIZED WASTE
- Any waste which is not in compliance with the provisions of this chapter or which is discharged into the sewerage system by a person in violation of any provision contained in this chapter.
- UNGROUND GARBAGE
- Garbage that has not been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particle greater than 1/2 inch in any dimension.
- Any person who contributes or causes or permits the contribution of wastewater into the city's sewerage system.
- The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed into or permitted to enter the sewerage system.
No person shall discharge or cause to be discharged any stormwater, surface water, spring water, groundwater, roof runoff, subsurface drainage, building foundation drainage, cellar drainage or drainage from roof leader connections into the sewerage system.
The city reserves the right to refuse permission to connect to the sewerage system, to compel discontinuance of use of the sewerage system or to compel pretreatment of industrial wastes by any industrial establishment in order to comply with treatment discharge criteria and to prevent discharges deemed harmful or to have a deleterious effect upon any sewer, the sewerage system or the sewage treatment plant.
Except as otherwise provided, no person shall discharge or cause to be discharged into the sewerage system any sewage, industrial wastes or other matter or substance:
Having a temperature higher than 120º F. or less than 32º F.
Containing more than 80 mg/l of fat, oil or grease.
Containing any gasoline, benzene, naptha, fuel, oil, paint products, acid or other inflammable or explosive liquids, solids or gases.
Containing unground garbage.
Containing, but not limited to, any ashes, cinders, sand, mud, straw, shavings, metals, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, hair, bones, leather, porcelain, china, ceramic wastes or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewerage system or sewage treatment plant.
Having a pH, stabilized, lower than 6.5 or higher than 9.0 or having any other corrosive or scale-forming property capable of causing damage or hazard to structures, equipment, bacterial action or personnel of the sewerage system or the sewage treatment plant.
Containing a toxic substance in sufficient quantity to injure or cause interference with any sewage treatment process, to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.
Containing total solids greater than 2,000 parts per million or of such character and quantity that unusual attention or expense is required to handle such material in the sewage treatment plant.
Containing a noxious or malodorous gas or substance which creates a public nuisance.
Containing dye from any source that will not have an effluent the equivalent of that produced by alum coagulation and chlorination to remove suspended or collodial matter and bleach the dissolved dyes.
Containing radioactive substances and/or isotopes of such half-life or concentration as may exceed limits in compliance with applicable state or federal regulations.
Having a chlorine demand in excess of 12 mg/l at a detention time of 20 minutes.
Prohibited by any permit issued by the State of Maryland or the Environmental Protection Agency.
Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically nonbiodegradable complex carbon compounds.
Having BOD greater than 250 mg/l.
Having a content of suspended solids greater than 250 mg/l.
Containing slugs having an average daily flow greater than 5% of the average daily sewage flow at the sewage treatment plant.
Containing toxic or poisonous substances in excess of the following limits, measured at the point of discharge to the sewerage system; provided, however, that deviations from the schedule may be authorized by the city, in its sole discretion, upon an affirmative showing by the person requesting the same that such deviation will not be harmful to the sewerage system or sewage treatment plant:
Containing any toxic substance not mentioned in the foregoing list that will pass through the treatment works and exceed the maximum permitted levels for such substance under the requirements of the state or other governmental agencies.
Drainage of swimming pools. Filter backwash lines shall be discharged to the sewerage system as follows:
Sand filter backwash shall be discharged to the sewerage system.
Diatomaceous earth filter backwash shall be connected to the sewerage system through settling tanks with three months' storage capacity of spent diatomaceous earth, which tanks shall be readily accessible for removing solid waste for disposal.
Removal, transportation and disposal of sewage and industrial waste.
The industrial wastes discharged by tank trucks into the sewerage system shall not contain industrial waste, chemicals or other matter, with or without pretreatment, that does not conform to the requirements of this chapter.
Any industrial waste to be discharged from tank trucks shall be disposed at the location designated at the sewage treatment plant at the time or times and at a rate or rates of discharge fixed by the city.
Whenever a person is authorized by the city and the appropriate governmental agencies to discharge any polluted water, sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in Subsection C, such discharge shall be subject to the continuing approval, inspection and review of the city. If, in the opinion of the city, such discharge is causing or will cause damage to the sewerage system and/or sewage treatment plant, the city shall order the person causing such discharge to cease doing so forthwith or to take other appropriate action, as may be required by the city, to eliminate the harmful discharge.
Nothing contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the city and any person whereby industrial wastes of unusual strength or character may be admitted into the sewerage system by the city, either before or after pretreatment.
Industrial waste questionnaire. Any person proposing a connection to the sewerage system through which industrial wastes will be discharged shall file with the city an industrial waste questionnaire, to be furnished by the city, which will supply the city with pertinent data with respect to the industrial wastes proposed to be discharged into the sewerage system. The cost of obtaining all such data shall be borne by the person, hereinafter referred to as the "applicant," proposing to make or use a connection to the sewage system.
Review of questionnaire. Within 30 days of receipt of the industrial waste questionnaire in proper form with all required data by the city, it shall notify the applicant, in writing, as follows:
That the wastewater proposed to be discharged is acceptable and permission will be given by the city;
That the wastewater proposed to be discharged is unacceptable;
That the wastewater proposed to be discharged will be acceptable, provided that certain action is taken and maintained by the applicant, specifying the terms and conditions thereof; or
That it requires further information, studies and tests, specifying the requirements thereof, before it can determine whether the proposed discharge is, is not or will be acceptable.
Waste characteristic change. Any person who is discharging industrial waste into the sewerage system and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of industrial waste then being discharged into the sewerage system shall file a revised industrial waste questionnaire at least 30 days prior to such change. Approval or disapproval of the modified industrial waste shall be regulated by the procedures established hereunder for the industrial waste questionnaire.
Industrial waste contribution reports. Ten days prior to the first day of March, June, September and December, each contributor of industrial waste shall file with the city a report on the quality and quantity of its discharge. The report forms shall be supplied by the city and shall be similar to Environmental Protection Agency (EPA) Form 7550-22, page IV-1.
Sampling, flow measurement, testing and inspection.
When required by the city, a person who is discharging industrial wastes into the sewerage system shall install, at his or her expense, a suitable control manhole, subject to approval by the city, together with such necessary meters and other appurtenances to facilitate observation, sampling and measurement of the wastewater. Construction shall be completed within 90 days following written notification by the city.
Each industrial establishment shall provide the city the opportunity of access at any time to any part of any improved property served by the sewerage system as shall be required for purposes of inspection, measurement, sampling, testing and records examination for ascertainment of whether the purpose of this chapter is being met.
All measurements, tests and analyses of the characteristics of wastes to which reference is made in this chapter shall be made in accordance with the latest edition of Standard Methods and shall be determined by a qualified analyst.
The costs of all sampling, testing, inspection and other monitoring activities incurred by the city while enforcing the provisions of this chapter shall be reimbursable from the respective user.
The city shall annually prepare and make available to the public, upon request, a report listing those users which were not in compliance with any pretreatment requirements or any other provision of this chapter at least once during the 12 previous months. The report shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
Both the users and the city shall maintain all records relating to compliance with pretreatment requirements for a period of three years, and all such records shall be made available to officials of the EPA upon request.
Information and data on a user obtained from questionnaires, monitoring programs and inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information entitled to protection as trade secrets of the user.
Interceptors. Grease, oil and sand interceptors shall be provided by the owner of any industrial establishment, when required by the city, for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand or other harmful ingredients. Any interceptor, when required by the city, shall be of a type and capacity approved by the city and constructed or installed at an accessible, safe, suitable and satisfactory location in accordance with plans approved by the city prior to installation or commencement of construction.
Flow equalizers. The city reserves the right to require industrial establishments having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flows to the sewerage system.
State and federal requirements. Where state or federal requirements and limitations on discharges exist and are more stringent than the requirements and limitations contained in this chapter, then the most stringent requirements and limitations shall apply.
Separation of wastes. In the case of complete separation of domestic sewage from industrial wastes within an industrial establishment, with the domestic wastes only discharged to the sewerage system, an industrial waste questionnaire will not be required.
Whenever a person requests permission from the city to discharge any polluted water, sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in § 167-4C, the city may, in its sole discretion, require as a condition to its granting approval for such discharge that said person provide, at his or her own expense, pretreatment of such waters or wastes to reduce or eliminate objectionable substances or characteristics prior to discharge into the sewerage system or to control the quantities or rates of discharge of such waters or wastes.
Whenever a person is required by the city to provide pretreatment facilities, no construction of such facilities shall be commenced until:
Whenever pretreatment facilities are approved by the city and are placed in operation, said facilities shall be continuously maintained in satisfactory and effective operation by the person who installed them or by the owner thereof, at his or her own expense. The city shall have the right to inspect said facilities at any reasonable time to ensure such are being properly maintained and operated in accordance with the then-current rules and regulations of the city.
Any person who discharges or causes to be discharged any polluted water, sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in § 167-4 of this chapter, upon written notice from the city, shall immediately cease and desist from such violation. If such person fails to cease such violation after notice has been given, then the city shall have the right to order the same to disconnect from the sewerage system.
Any person who causes harm or damage to the sewerage system and/or sewage treatment plant as a result of a violation of this chapter shall be liable to the city for the full cost of such harm or damage.
The owner of each improved property connected to the sewerage system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this chapter.
The owner of any improved property required by this chapter to have sanitary facilities for sewage disposal shall be responsible for the proper installation of such facilities. The occupant or person having immediate use and control of such property shall be responsible for maintaining the facilities in sanitary and usable condition, unless by contractual arrangement between the parties the owner expressly agrees to retain such responsibility.
[Added 10-8-2001 by Ord. No. 11-2001]
The property owner will furnish and install, at the property owner's sole expense, all such piping and equipment that is necessary to connect from the property owner's property line to the City's sewer main. All such equipment and materials shall be approved by the City prior to installation and shall be installed by a licensed master plumber who shall be approved by the City prior to any such work being performed.
Title to all sewer lines and laterals from the sewer main to the property line is vested in and shall at all times remain the sole property of the City and shall not be trespassed upon or interfered with in any respect. This property and equipment shall be maintained by the City after completion of the work.
The sewer lateral from the property line to the building shall be installed at the expense of the property owner. For this installation, the property owner shall employ a licensed master plumber to do the work. Materials and methods of construction shall be in accordance with established codes adopted by the City and shall be subject to the approval of the City. The sewer lateral between the property line and the building and all fixtures on or in the building of the property owner or applicant shall be maintained by the property owner and the work shall be performed by a licensed master plumber in a manner satisfactory to the City.
All sewer house connections shall be six-inch PVC (polyvinyl chloride) pipe, with a cleanout at or near the property line.
No sewer lateral shall be laid in the same trench with any gas, water, or any other utility or facility of a public service company or within three feet of any other excavation or fault.
In the event of a complaint regarding a sewer stoppage, the Director of Utilities for the City will promptly determine whether the main sewer line is clear and, if not, the stoppage will be cleared as soon as possible. If the main-line sewer is found to be clear, the complainant will be so informed and he/she shall then, at his or her own expense, employ a licensed master plumber to determine the location of the stoppage, to relieve the stoppage and to clean out the lateral line. If, upon investigation by City officials or their representatives or agents, the pipe between the property line and the main line sewer is found to be damaged, then the City, at its sole expense, will have the option either to repair or replace the damaged pipe.
Where this chapter requires a particular type of sewage disposal facility, the use of any other type, or disposal by any other means, is hereby expressly prohibited unless approved by the Council. The Council approves exceptions to the provisions of this chapter only when the lot size, soil composition, lay of the land or other unusual circumstances make the installation and use of the prescribed facilities unfeasible, and provided that conditions favor those installations as adequate for protection of the public health.
It shall be unlawful for any person willfully or maliciously to deposit any material in any toilet, bathtub, sink or other plumbing fixture which may result in the obstruction of any sanitary sewer. This liability on the part of occupant shall not relieve the owner of the responsibility of cleaning any resultant chokage which shall subject the occupant to the penalties of this chapter upon proper proof of such willful malicious act.
Any extension of the city's sanitary sewer system shall be made at the expense of the developer or property owner unless and until it is deemed to be in the best interests of the health, safety, economics or community development of the city that the Council, by affirmative vote, allow other means of financing such extension of the city's sanitary sewer system, including but not limited to city participation in bearing any portion of the cost of the same.
[Amended 8-9-1999 by Ord. No. 8-99]
The city shall not provide sewer services outside the corporate limits of the city.
[Amended 8-9-1999 by Ord. No. 8-99]
The violation by any person or persons who individually, collectively or through others violate any provision of this chapter or of the rules and regulations of the Council is declared a municipal infraction. The penalty for violation shall, unless otherwise specified herein, be $50 for each initial offense and $100 for each day any violations continue.
The city reserves the right to adopt, from time to time, such additional rules, regulations, fees and penalties as it shall deem necessary and proper in connection with use and operation of the sewerage system, which rules, regulations, fees and penalties shall be, shall become and shall be construed as part of this chapter.
All improved properties within the corporate limits of the city shall be connected to the sanitary sewage system of the city.
In the event of a failure of any property owner to so connect to the sanitary sewage system, the Council shall have the power and authority to order the connection made by any competent contractor of its choice and shall have the right to impose the costs thereof as a charge against and a lien upon that property, which costs shall be due, payable and collectible in the same manner as are the ad valorem taxes of the city.
[Amended 8-9-1999 by Ord. No. 8-99]
It shall be unlawful for any person, persons, firm or corporation to have or maintain within the corporate limits of the city any outdoor toilet or privy. Any violation of this section is declared to be a municipal infraction. The penalty for violation shall be $50 for each initial offense and $100 for each day the violation continues.
The schedule of rates and charges for sewer services furnished by the city shall be as established by the Mayor and Council from time to time by resolution.
The sewage charge hereby imposed and levied shall be collected by the Clerk at the same time and in the same manner as the charge for water furnished and supplied is collected. Upon the failure of any user of the sanitary sewage system to pay the charge levied and imposed within 30 days after the statement of the charges due, the city, or its agents or employees, after five days' written notice, may discontinue the supply of water to or for the property or premises owned or occupied by any delinquent user. Any unpaid bills shall be and remain a lien upon the premises served until paid and may be collected in the same manner as taxes levied upon real estate by the city, and bills for any service shall be directed to the owner or owners of the premises served.
[Added 11-9-1992 by Ord. No. 9-92]
Any property owner, developer or individual seeking site plan approval or subdivision approval must obtain sewer allocation for any part of a proposed project that is to be recorded in the land records of Carroll County before final approval by the city. Sewer allocation will be based upon approved Maryland Department of the Environment (MDOE) regulations.
Sewer allocations will be assigned and held in reserve at no charge for one year following the effective date of approval. The sewer allocation can be renewed once for a one-year period only upon payment of a sewer allocation reservation fee (SARF). The sewer allocation reservation fee is $250 per lot or dwelling unit that does not possess a valid building permit. The fee set forth herein is in addition to any fee or charge which may now or hereafter be made by the city.
A sewer allocation shall be effective for a period of one year from the date of allocation. If actual construction on the proposed project has not commenced by the end of that period, as evidenced by the possession of a valid building permit, the allocation shall expire unless renewed for the additional year.
After the allocation has expired, the owner, developer or individual must reapply for sewer allocation.
Notification of the passage of this section is to be made to the current owner of the property for which the allocation was granted by certified mail.