Article 2. Sewer Department


§3-201               MUNICIPAL  SEWER DEPARTMENT; OPERATION AND FUNDING. The Municipality owns and operates the Municipal Sewer System through the Sewer Commissioner. The Governing Body, for the purpose of defraying the cost of the management and maintenance of the Municipal Sewer System may each year levy a tax not exceeding the maximum limit prescribed by State law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Sewer Maintenance Fund. The Sewer Commissioner shall have the direct management and control of the Sewer Department and shall faithfully carry out the duties of his office. He shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Department subject to the supervision and review of the Governing Body. (Ref 17-149, 17-925.01RS Neb.)


§3-202               MUNICIPAL  SEWER DEPARTMENT; DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:

 

(1)                     “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees C., expressed in milligrams per liter.

 

(2)                     “BUILDING DRAIN” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

 

(3)                     “BUILDING SEWER” shall mean the extension from the building drain to the public sewer or other place of disposal.

 

(4)                     “COMBINED SEWER” shall mean a sewer receiving both surface runoff and sewage.

 

(5)                     “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

 

(6)                     “INDUSTRIAL WASTES” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

 

(7)                     “NATURAL OUTLET” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

 

(8)                     “PERSON” shall mean any individual, firm, company, association, society, corporation, or group.

 

(9)                     “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

 

(10)      “PROPERLY SHREDDED GARBAGE̓ shall mean 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.

 

(11)      “PUBLIC SEWER” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public

 

(12)      “SANITARY SEWER” shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

 

(13)      “SEWAGE” shall mean 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.

 

(14)      “SEWAGE TREATMENT PLANT” shall mean any arrangement of devices and structures used for treating sewage.

 

(15)      “SEWAGE WORKS” shall mean all facilities for collecting, pumping, treating and disposing of sewage.

 

(16)      “SEWER” shall mean a pipe or conduit for carrying sewage.

 

(17)      “Shall” is mandatory; “May” is permissive.

 

(18)      “SLUG” shall mean 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.

 

(19)      “STORM DRAIN” (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

 

(20)      “SEWER COMMISSIONER” shall mean the Sewer Commissioner of the City of Henderson, or his authorized deputy, agent, or representative.

 

(21)      “SUSPENDED SOLIDS” shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and are removable by laboratory filtering.

 

(22)      WATERCOURSE” shall mean a channel in which a flow of water occurs, either continuously or intermittently.

 

(23)      “MUNICIPALITY” shall mean the City of Henderson, Nebraska.


§3-203               MUNICIPAL SEWER DEPARTMENT; APPLICATION FOR PERMIT. Any property owner wishing to connect with the Municipal Sewer System shall make an application therefor to the Municipal Clerk. The Municipal Clerk may require any applicant to make a service deposit in such amount as has been set by the Governing Body and placed on file at the office of the Municipal Clerk. Sewer Service shall not be supplied to any house or building except upon the order of the Sewer Commissioner or his or her designated agent. The Municipality shall not supply sewer service to any property owner outside the corporate limits without special permission from the Governing Body; provided, that the entire cost of pipe and other installation charges shall be paid by such property owner. Nothing herein shall be construed to obligate the Municipality to provide sewer service to non-residents. (Ref 17-913 RS Neb.)


§3-204               MUNICIPAL SEWER DEPARTMENT; SEWER CONTRACT. The Municipality through the Municipal Sewer Department shall furnish sewer service to property within its corporate limits if such property abuts a street or alley in which a commercial main is now or may hereafter be laid. The Municipality may also furnish sewer service to property situated outside the corporate limits of the Municipality, as and when, according to law, the Governing Body may see fit to do so. The rules, regulations, and sewer rental rates hereinafter named in this Article, shall be considered a part of every application hereafter made for sewer service and shall be considered a part of the contract between every property owner now or hereafter served. Without further formality, the making of the application by a property owner for himself or the use of sewer service by tenants residing on such property and the furnishing of sewer service to such property shall constitute a contract between the property owner and the Municipality, to which said contract both parties are bound. If the property owner, or tenants residing on such property, shall violate any of the provisions of said contract or any reasonable rules amid regulations that the Governing Body may hereafter adopt, the Sewer Commissioner or his or her designated agent, may cut off or disconnect the sewer service to the property. No further connection for sewer service to said property shall again be made except by order of the Sewer Commissioner or his or her designated agent.

 

§3-205        MUNICIPAL SEWER DEPARTMENT; RATE SETTING; SEWER USE CHARGES; USE. (1) All property owners whose properties are receiving sewer service shall be charged a flat rate for the use of sewer service. Rates shall be set by ordinance and shall be on file at the office of the Municipal Clerk for public inspection during office hours. The sewer use charges or rates as established pursuant hereto shall be reviewed by the Mayor and City Council not less than annually, and may be revised periodically according to current use, and actual operation and maintenance cost.

      (2)  Where, in the judgment of the City Council by reason of special conditions, the application of the sewer use charges established pursuant hereto would be inequitable or unfair to either the Municipality or the user, or in the cases where the character of the sewage from a consumer is such that an additional burden is placed upon the sewerage system greater than that imposed by the average sewage delivered to the sewage disposal plant, a special rate may be established by ordinance or contract. To assist the City Council in determining whether or not special conditions exist or additional burdens are placed upon the sewerage system, the user shall, upon the request of the City Council, provide access to the user̓s sewer lateral at a point where representative samples may be taken. Strength from the character of this waste shall be tested and it shall be determined to the satisfaction of the City Council, at the user̓s expense, the strength of the waste and any special characteristics the waste may have.

      (3)  If any user can show to the satisfaction of the City Council that any substantial portion of the water consumed by the user is used for such purpose or purposes that it does not contribute to the sanitary sewerage, that water shall be disregarded for the purpose of determining the sewer use charges to the user.

      (4)  Money raised from the sewer use charges shall be used for the maintenance and operation of the existing system, or to create a reserve fund for the purpose of future maintenance or construction of a new sewer system for the Municipality. Revenues from such charges shall also be used for the abatement or reduction of ad valorem taxes being levied or to be levied for the payment of bonds outstanding or to be issued for the construction of or additions of such sewerage systems.


§3-206        MUNICIPAL         SEWER DEPARTMENT; CLASSI-FICATION. The Governing Body may classify for the purpose of rental fees the customers of the Municipal Sewer Department; provided, that such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers. (Ref 17-925.02 RS Neb.)


§3-207         MUNICIPAL SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; UNLAWFUL DEPOSIT OF WASTES. 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 Municipality or within one (1) mile of the corporate limits thereof, or in any area under the jurisdiction of said Municipality, any human or animal excrement, garbage, or other objectionable waste.


§3-208        MUNICIPAL SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; UNLAWFUL DISCHARGE OF UNTREATED SEWAGE. It shall be unlawful to discharge to any natural outlet within the Municipality, or within one (1) mile of the corporate limits thereof, or in any area under the jurisdiction of said Municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.


§3-209        MUNICIPAL SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; CESSPOOLS, PRIVIES AND SEPTIC TANKS PROHIBITED. 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.


§3-210        MUNICIPAL SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; MANDATORY HOOK-UP. The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the Municipality 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 Municipality, is hereby required at his 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 Article within ninety (90) days after date of official notice to do so; provided, that said public sewer is within one hundred (100̓) feet (30.5 meters) of the property line.


§3-211        MUNICIPAL SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL; WHEN APPLICABLE. (1) Where a public sanitary or combined sewer is not available under the provisions of section 3-210, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.

      (2)  At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 3-210, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this Article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.


§3-212        MUNICIPAL SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT REQUIRED, FEE. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Sewer Commissioner. The application for such permit shall be made on a form furnished by the Municipality, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Sewer Commissioner. A permit and inspection fee of fifty dollars ($50.00) shall be paid to the Municipality at the time the application is filed.


§3-213        MUNICIPAL SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT, WHEN EFFECTIVE; INSPECTIONS. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Sewer Commissioner. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Sewer Commissioner when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Sewer Commissioner.


§3-214        MUNICIPAL SEWER DEPARTMENT: PRIVATE SEWAGE DISPOSAL SYSTEM; SPECIFICATIONS. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of Nebraska. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities when the area of the lot is less than ten thousand (10,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.


§3-215        MUNICIPAL SEWER DEPARTMENT: PRIVATE SEWAGE DISPOSAL SYSTEM; MAINTENANCE. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Municipality.


§3-216        MUNICIPAL SEWER DEPARTMENT: PRIVATE SEWAGE DISPOSAL SYSTEM; ADDITIONAL REQUIREMENTS. No statement contained in sections 3-211 through 3-215 shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.


§3-217        MUNICIPAL SEWER DEPARTMENT: BUILDING SEWER INSTALLATION; PERMIT REQUIRED. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Sewer Commissioner.


§3-218        MUNICIPAL SEWER DEPARTMENT: BUILDING SEWER INSTALLATION; CLASSIFICATION; PERMIT APPLICATION, FEE. There shall be two (2) classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Municipality. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Sewer Commissioner. A permit and inspection fee of ten percent (10%) of the tap fee for a residential or commercial building sewer permit and ten percent (10%) of the tap fee for an industrial building sewer permit shall be paid to the Municipality at the time the application is filed.


§3-219        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; EXPENSE. The owner, upon approval of his application for sewer service, shall pay to the Sewer Commissioner a tap fee in the amount of two hundred fifty dollars ($250.00) which compensates the Municipality for the expense of processing his application and tapping the sewer main. The owner shall then be required to pay the expense of procuring the materials required as well as the services of a licensed plumber and shall pay all other costs of installation. The owner shall indemnify the Municipality from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.


§3-220        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; SINGLE PREMISE. A separate and independent building sewer shall be provided for every building; except where one (1) 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 (1) building sewer, but the Municipality does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.


§3-221        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; USE OF EXISTING SEWERS. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Sewer Commissioner, to meet all requirements of this Article.


§3-222        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; CONSTRUCTION CODES. (1) 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 Municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

             (2) 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 earned by such building drain shall be lifted by an approved means and discharged to the building sewer.

             (3) 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 Municipality, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight, and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Sewer Commissioner before installation.


§3-223        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; UNLAWFUL CONNECTION. No person shall make connection of roof downspouts. interior and 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.


§3-224        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; INSPECTIONS. The applicant for the building sewer permit shall notify the Sewer Commissioner when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Sewer Commissioner or his representative.


§3-225        MUNICIPAL SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; EXCAVATIONS. 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 Municipality.


§3-226        MUNICIPAL SEWER DEPARTMENT; REPAIRS AND MAINTENANCE. The Municipality shall repair or replace, as the case may be, all pipe constituting major sewer mains. It shall be the responsibility of the customer to repair or replace, all other sewer pipe and appurtenances from the main to and including the customer̓s property. All replacements and repairs made by the customer shall be done in the manner and with the materials approved by the Sewer Commissioner; provided, that the same have been previously approved by the Governing Body.


§3-227        MUNICIPAL SEWER DEPARTMENT; PROHIBITED DISCHARGES; STORMWATER, SURFACE WATER, GROUND-WATER, COOLING WATER AND PROCESS WATER. (1) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial waters to any sanitary sewer.

      (2)  Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Sewer Commissioner. Industrial cooling water or unpolluted process water may be discharged, on approval of the Sewer Commissioner, to a storm sewer, combined sewer, or natural outlet. The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the Municipality for such costs. The costs shall be determined by the Sewer Commissioner with the approval of the Governing Body.



§3-228        MUNICIPAL SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; FLAMMABLE, TOXIC, CORROSIVE AND OBSTRUCTIVE SUBSTANCES; PRELIMINARY TREATMENT. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

 

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;

 

(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer;

(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

 

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;


(5) Any waters or wastes having:

 

      (1)  A five (5) day BOD greater than 300 parts per million by weight or;

      (2)  Containing more than 350 parts per million by weight of suspended solids, or

      (3)  Having an average daily flow greater than two (2%) percent of the average sewage flow of the Municipality, or

      (4)  A chlorine requirement greater than demanded by normal sewage as evaluated by the Municipality̓s consulting engineer shall be subject to the review of the Sewer Commissioner.


(6) Where necessary in the opinion of the Sewer Commissioner, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

 

      (a)  Reduce the biochemical oxygen demand to 300 parts per million by weight; or

      (b)  Reduce the suspended solids to 350 parts per million by weight; or

      (c)  Control the quantities and rates of discharge of such waters or wastes; or

      (d)  Reduce the chlorine requirement to conform with normal sewage.


(7) Plans, specifications, and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Sewer Commissioner and no construction of such facilities shall be commenced until said approvals are obtained in writing.


§3-229        MUNICIPAL SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; SPECIFIC PROHIBITIONS AS DETERMINED BY SEWER COMMISSIONER. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Sewer Commissioner that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Sewer Commissioner will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:

 

(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65° degrees C).

(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32°) degrees and one hundred fifty (150°) degrees F (0 and 65° C).

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Sewer Commissioner.

(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(5) Any water or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Sewer Commissioner for such materials.

(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Sewer Commissioner as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Sewer Commissioner in compliance with applicable State or Federal regulations.

(8) Any waters of wastes having a pH in excess of (9.5).

(9) Materials which exert or cause:

 

      (i)   Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller̓s earth, lime slurries, and lime residues) or of dissolved solids, (such as but not limited to, sodium chloride or sodium sulfate).

      (b)  Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

      (c)  Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

      (d)  Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.


§3-230        MUNICIPAL SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; REJECTION, PRETREATMENT, CONTROL OF DISCHARGE RATE OR USE FEE SURCHARGE. (1) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 3-229, and which in the judgment of the Sewer Commissioner, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Sewer Commissioner may:

 

(a)   Reject the wastes;

(b)   Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)   Require control over the quantities and rates of discharge; and/or

(d)   Require treating charges payment to cover the added cost of handling and the wastes not covered by existing taxes or sewer under the provisions of Section 3-235.

             (2) If the Sewer Commissioner permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Sewer Commissioner, and subject to the requirements of all applicable codes, ordinances and laws.


§3-231         MUNICIPAL SEWER DEPARTMENT; GREASE, OIL AND SAND INTERCEPTORS; WHEN REQUIRED. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Sewer Commissioner, 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 Sewer Commissioner and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Sewer Commissioner. Any removal and hauling of the collected materials not performed by owner(s)̓ personnel must be performed by currently licensed waste disposal firms.


§3-232        MUNICIPAL SEWER DEPARTMENT; PRELIMINARY TREATMENT OR FLOW EQUALIZING FACILITIES; MAINTENANCE BY OWNER. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.


§3-233        MUNICIPAL SEWER DEPARTMENT; CONTROL MANHOLES/SAMPLING STATIONS; WHEN REQUIRED; INSTALLATION AND MAINTENANCE. When required by the Sewer Commissioner, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Sewer Commissioner. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.


§3-234        MUNICIPAL SEWER DEPARTMENT; CONTROL MANHOLES/SAMPLING STATIONS; METHOD. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Article, shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from 24 hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)

        No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the City and any industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.


§3-235        MUNICIPAL SEWER DEPARTMENT; DAMAGE TO PUBLIC SEWER WORKS. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.


§3-236        MUNICIPAL SEWER DEPARTMENT; INSPECTION AND MAINTENANCE. (a) The Sewer Commissioner and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Article. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

        (b)      While performing the necessary work on private properties referred to in Section 3-234(a) above, the Sewer Commissioner or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 3-233.

        (c)      The Sewer Commissioner and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.


§3-237        MUNICIPAL SEWER DEPARTMENT; PENALTY. (a) Any person found to be violating any provision of this Article except Section 3-233 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

 

        (b)      Any person who shall continue any violation beyond the time limit provided in Section 3-235(a) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

 

        (c)      Any person violating any of the provision of this Article shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.