(a)

This chapter regulates the use of the city water and wastewater systems.

(b)

Compliance with state and federal water pollution control laws. This chapter sets forth uniform requirements for persons who cause wastewater to be discharged into the wastewater collection and treatment system of the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act, as amended, and the General Pretreatment Regulations (40 CFR Part 403).

(c)

The federally mandated objectives of this chapter are:

(1)

To prevent the introduction of pollutants into the city wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants into the city wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3)

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(4)

To provide for equitable distribution of the cost of the city wastewater system.

(d)

This chapter:

(1)

Provides for the regulation of persons who cause wastewater to be discharged into the city wastewater system through the issuance of permits to certain non-domestic users and through enforcement activities,

(2)

Requires user reporting,

(3)

Assumes that existing customers' capacity will not be preempted,

(4)

Provides for the setting of fees for the equitable distribution of costs resulting from the operation and maintenance of the water and wastewater systems.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

This chapter shall apply to the residents of the city and to all users of the city water and wastewater systems including persons outside the city who are, by contract or agreement with the city, users of the city water and wastewater systems. Except as otherwise provided herein, the city manager or his/her designee shall administer, implement and enforce the provisions of the ordinance.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

Act or the Act means The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

Approval authority means the Director of the Georgia Environmental Protection Division.

Authorized representative of the user:

(1)

If the user is a corporation:

a.

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b.

The manager of one or more manufacturing, production, or operation facilities, if authority to sign documents has been assigned or delegated to the manager In accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship: A general partner or proprietor, respectively.

(3)

If the user is a federal, state, or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4)

The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.

Building drain means that part of the piping of a building which collects wastewater inside the walls of the building and conveys it to outside the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal, also called "house connection." This connection consists of: The service line which is the owners responsibility from the building or structure to the right-of-way or property line. At this point, the service line or "lateral" becomes the city's responsibility as it continues from this point to the sanitary sewer trunk line.

City means the City of Canton, Georgia.

Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

County means Cherokee County.

City manager means individual designated by the mayor and council, city manager is responsible for general supervision of all city departments including the city water and wastewater systems. Whenever "city manager" is referred to in this chapter, it shall mean the city manager or his/her designee.

Customer means every person, firm, association, corporation, government agency, or similar organization who is responsible for contracting (expressly or implicitly) with the city in obtaining, having or using water or wastewater connections with, or sewer taps to the city wastewater system and in obtaining, having or using water or other related services furnished by the city for the purpose of disposing of wastewater through said system. The term customer shall also include illicit users of the water or wastewater systems.

Composite means the make-up of a number of individual samples, so taken as to represent the nature of sewage or industrial wastes.

Department manager means the person designated by the city manager as manager of the city water and wastewater systems.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the State of Georgia.

Domestic wastewater means that wastewater discharged into the wastewater system from domestic sources such as toilets, washing machines, dishwashers, sinks, showers and bathtubs from normal household usage.

Easement means an acquired legal right for the specific use of land owned by others.

Effluent means the discharge flow of a treatment facility.

Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.

Existing source means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with 307 of the Act.

Federal Categorical Pretreatment Standard or Federal Pretreatment Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users.

Floatable oil and grease means oil, fat or grease in a physical state such that it will separate by flotation from wastewater by treatment in an approved pretreatment facility or sand and oil/grease interceptor.

Flush toilet means the common sanitary flush commode in general use for the disposal of human excrement.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Grab sample means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

Grit means matter consisting of sand, gravel, cinders, or other heavy solid materials that has settling velocities or specific gravities greater than those of organic putrescible solids normally encountered in domestic wastewater.

Health department means the Cherokee County Board of Health.

High strength wastewater means wastewater which contains quantities of specified constituents which exceed the quantities normally encountered in domestic wastewater (see section 114-280).

High strength wastewater surcharge means the charge made in excess of the normal sewer service charge for all high strength wastewater.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

House connection means the water line or wastewater line extending from the house or building, to the property line or point of connection to the service lateral.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any non-domestic source regulated under 307(b), (c), or (d) of the Act.

Industrial customers means persons who, on account of their particular type of business, discharge into the city sanitary sewer or sewerage system unusual amount or unusual type of sewage which present special problems in sewage disposal and sewage treatment.

Industrial user or contributor means an industry which discharges waste waters having the characteristics of industrial wastes, as distinct from commercial wastes or domestic wastes.

Infiltration/inflow means groundwater and surface water which leaks into the wastewater system through cracked pipes, joints, manholes or other openings.

Inflow means water that flows into the wastewater system from the surface, streams, roof drains, down spouts or other such source.

Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Main means the pipe, conduit or facility which conveys utility service to individual services or to other mains.

Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Meter means any device used to measure service rendered to a customer by the city.

National Pollution Discharge Elimination System or NPDES Permit means a permit issued pursuant to 402 of the Act (33 U.S.C. 1342).

Natural outlet means any outlet, including storm sewers, watercourses, ponds, ditches, lakes or other bodies of surface water or groundwater.

New source means:

(1)

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated In accordance with that, provided that:

a.

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

b.

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2)

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

a.

Begun, or caused to begin, as part of a continuous onsite construction program;

b.

Any placement, assembly, or installation of facilities or equipment; or

c.

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

d.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Nondomestic user means any user of the city wastewater system who discharges wastewater into the wastewater system from a structure other than a residential unit.

Nondomestic wastewater means the wastewater generated from nondomestic users as distinct from domestic or sanitary wastes.

Ordinance or city water and wastewater ordinance means Canton Code §§ 114-1 through 114-531.

Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

pH means the logarithm (base 10) of the reciprocal of the molar concentration of hydrogen ions in solution.

Pit privy means shored, vertical pit in the earth used for the disposal of human or animal wastes.

Point of delivery means where the service pipe is connected to the city's main. For water systems, the point of delivery is the outlet connection of the meter for metered service or the point at which the city's piping connects with the customer's piping.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pollution means the man-made or man-induced detrimental alteration of the chemical, physical, biological and radiological integrity of water or soil, or the products which create or cause such alteration.

POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater.

Pretreatment coordinator means the person designated by the city to supervise the operation of the industrial pretreatment program.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on a nondomestic user.

Pretreatment standards or standards means pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

Pretreatment or treatment means 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 wastewater treatment system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited by 40 CFR 403.6(d).

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 114-267 of this chapter.

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half-inch in any dimension.

Publicly owned treatment works (POTW) means a treatment works as defined by 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are by contract or agreement with the city, users of the city's POTW.

Public sewer means a common sewer controlled by a governmental agency or public utility, in this case, the City of Canton.

Sanitary sewer or sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

Septic tank means a subsurface impervious tank designed to temporarily retain sewage or similar waterborne wastes together with:

(1)

A sewer line constructed with solid pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and

(2)

A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered.

Service connection means the point of connection of the customer's piping with the meter or service pipe owned by the city.

Service lateral means the pipe between the utility's mains and the point of delivery and shall include all of the pipe, fittings and valves necessary to make the connection excluding the meter.

Sewage means 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.

Sewer means a pipe or conduit that carries wastewater.

Sewer development fee means a fee assessed to new users of the city wastewater system to provide the funds necessary to renew, extend and/or improve the system where said renewals, extensions and/or improvements are necessitated by the reduced available wastewater system capacity caused by the new users' demands.

Shall and will is mandatory; may is permissive.

Significant industrial user means:

(1)

A user subject to categorical pretreatment standards; or a user that:

a.

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b.

Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c.

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(2)

Upon a finding that a user meeting the criteria in subsection (1) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Slug load or slug means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter.

State means the State of Georgia.

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive office of the President, Office of Management and Budget, 1987, as amended.

Standard methods means those procedures or methods established by the latest edition of the "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation, a copy of which is on file in the office of the superintendent.

Storm drain sometimes termed storm sewer, it shall mean a drain or sewer for conveying surface water, groundwater, subsurface water, or unpolluted water from any source.

Storm water means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Surcharge means a separate charge by the city for the handling and treatment of high strength wastewater.

Suspended solids or total suspended solids or TSS means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as non-filterable residue.

Toxic means constituents of wastes which adversely affect the organisms involved in wastewater treatment.

Unpolluted water means water or quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities.

User means any person who consumes water from the city water system or who contributes, causes or permits the contribution of wastewater into the city wastewater system.

Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater system or city wastewater system means the total wastewater collection and disposal facilities owned and operated by the city. Also, the administrative framework which operates the facilities.

Water meter means those devices, approved by the city for the purpose of establishing the quantity of water consumed by a premise or person.

Water system or city water system means the total water distribution facilities owned and operated by the city. Also, the administrative framework which operates the facilities.

Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The following abbreviations shall have the designated meanings:

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

A formal application for either original or additional utility service must be made and be approved by the city before connection or meter installation orders will be issued and work performed. Provided however, that under no circumstances shall any utility service be granted to any person who has any outstanding utility debt to the city.

(b)

Each prospective customer desiring any utility service shall be required to sign a standard form of contract before service is supplied. If, for any reason, a customer, after signing a contract for utility service, does not take the service by reason of not occupying the premises or otherwise, he shall reimburse the city for the expense incurred by reason of its endeavor to furnish said service. The expense will normally be the water and/or sewer tap fee or other similar connection charge.

(c)

The receipt of a prospective customer's application for utility service, regardless of whether or not accompanied by a deposit, shall not obligate the city to render the service applied for. If the service applied for cannot be supplied in accordance with the provisions of this chapter and general practice, the liability of the city to the applicant for such service shall be limited to the return of any deposit made by such applicant.

(d)

The city shall not be obligated to render services to any person within the jurisdictional boundaries of the city if facilities, such as water or sewer lines, are not available near that person's existing or proposed location.

(e)

The city shall not be obligated to render services to any person outside the jurisdictional boundaries of the city. The city may at its discretion, in consultation with the county government or county water and sewer authority, render services to persons outside the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city will endeavor to furnish continuous water service, but does not guarantee to the customer continuous service. The city shall not be liable for any damages for any interruption of service whatsoever.

(b)

The city will endeavor to furnish adequate water pressure, but does not guarantee to the customer adequate pressure at all times. In connection with the operation, maintenance, repair and extension of the city water system, water pressure may be affected in parts of the system without notice when necessary or desirable and each customer must be prepared for such emergencies. The city shall not be liable for any damages caused by inadequate pressure in the water supply. Customers requiring a minimum pressure for operation of fire protection systems shall be responsible for performing flow tests to ascertain available pressure in the water supply at the required flows. Where the minimum pressure is to be maintained at all times, the customer shall be responsible for providing backup or standby systems for cases when the city's water supply fails to provide adequate pressure.

(c)

In connection with the operation, maintenance, repair and extension of the city water system, the water supply may be shut off without notice when necessary or desirable and each customer must be prepared for such emergencies. The city shall not be liable for any damages from the resumption of service or from such interruption of service without notice after any such interruption.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city shall not be liable to any customer for damages caused to his plumbing or property by high pressure, low pressure, or fluctuations in pressure in the city's water mains.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All water shall be supplied within the city exclusively by the city and no customer shall, directly or indirectly, sell, sublet, assign or otherwise dispose of the water or any part thereof, except with written permission from the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

In times of emergency or in times of water shortage, the city hereby reserves the right to restrict the purposes for which water may be used by a customer and the amount of water which a customer may use.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city shall have the right to discontinue all utility services or to refuse to connect or commence any utility service for a violation of, or a failure to comply with, any of the following:

(1)

The provisions of this chapter or other city rules and regulations;

(2)

The customer's application for service; or

(3)

The customer's contract for service.

(b)

The right to discontinue utility service shall apply to all service received through a single connection or service, even though more than one customer or tenant is furnished service therefrom, and even though the delinquency or violation is limited to only one such customer or tenant.

(c)

Discontinuance of service by the city for any cause stated in these rules and regulations shall not release the customer from liability for service already received or from liability for payments that thereafter become due under other provisions of the customer's contract.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Customers who have fulfilled their contract terms and wish to discontinue utility service shall give at least three days written notice to that effect unless the contract specifies otherwise. Notice to discontinue service prior to the expiration of a contract term will not relieve the customer from any minimum or guaranteed payment under such contract or applicable rate schedule.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city's liability shall be limited to the forfeiture of the right to charge a customer for utility service that is not used but is received from a service line under any of the following circumstances:

(1)

After receipt of at least ten days' written notice to cut off utility service, the city has failed to cut off such service.

(2)

The city has attempted to cut off utility service but such service has not been completely cut off.

(3)

The city has completely cut off utility service, but subsequently, the cutoff develops a leak or is turned on again so that water enters the customer's pipes from the city's main or other utility service is furnished to the customers premises.

(b)

Except to the extent stated above, the city shall not be liable for any loss or damage resulting from cutoff failures. If a customer wishes to avoid possible damage for cutoff failures, the customer shall rely exclusively on privately owned cutoff and not on the city's cutoff. Also, the customer (and not the city) shall be responsible for seeing that his plumbing is properly drained and is kept properly drained, after his water service has been cut off.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Each customer shall provide space for and exercise proper care to protect the property of the city on his premises. In the event of loss or damage to such property arising from the neglect of a customer to properly care for same, the cost of necessary repairs or replacements shall be paid by the customer.

(b)

Customer shall bear all responsibility for installation and repairs of utilities owned by the customer and be liable for damage caused by failure of utilities owned by the customer. Typically, the city owns water utilities up to and including the water meter and the customer owns all water utilities on the customer side of the meter. Sewer lines are typically owned by the customer inside the customer's property and by the city up to the customer's property line.

(c)

Where the city furnishes utility service to a customer, such customer shall be responsible for all violations of the provisions of this chapter which occur on the premises so served. Personal participation by the customer in any such violations shall not be necessary to impose such personal responsibility on him.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Customers requiring temporary utility service shall pay all costs for connection and disconnection incidental to the supplying and removing of service in addition to the regular charge for utilities used.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No person, other than authorized city employees, shall uncover, make any connections to, use, alter, or disturb any public water or wastewater line, or appurtenance thereto, without first obtaining an approved set of plans, or a written permit from the city manager.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The owner of the land upon which a water or wastewater connection is desired, or his agent, shall make application on a special form furnished by the city. The permit application shall be supplemented by the owner's drawings, plans, specifications, or other such information which, in the judgment of the city manager, is considered to be pertinent to the desired connection. (Re: Development regulations 801.01 and 801.03 in appendix B) Water and wastewater connection service charges shall be paid as stipulated in sections 114-86—114-91 and 114-52 and in division 2 of article 2 of this chapter.

(b)

All costs and expenses incidental to the connection shall be borne by the owner. The owner shall indemnify the city against any loss or damage to the city water or wastewater facilities that may be directly or indirectly occasioned by the connection.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

A separate and independent water and wastewater connection shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private water or wastewater line is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In the above instance, the front building water and/or wastewater line may be extended to the rear of the building and the whole considered as one building; however, in such case the city does not and will not assume any obligation or responsibility for maintenance of or damage caused by or resulting from any such single connection aforementioned.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Previously used water and wastewater pipes and materials may be utilized in connection with new buildings only when found, on examination and test by the water and sewer department manager, to be in good, serviceable condition and to meet all requirements of this chapter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The size, materials of construction, methods of construction, slope, and alignment of all water and wastewater facilities construction shall conform to the technical codes and specifications described below. To the extent that any conflicting provisions exist in the below described technical codes and specifications, the provisions of the earliest mentioned document shall prevail.

(1)

State plumbing code in the city;

(2)

Standard building code in the city;

(3)

One- and two-family dwelling code in the city;

(4)

The current standards for residential and commercial development in the city as it exists or as it may be amended;

(5)

The city cross-connection program as provided in section 114-172 as it exists or as it may be amended;

(6)

Water Pollution Control Federation Manual of Practice No. 9, latest edition for wastewater system construction.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

It shall be the obligation of the owner of the building or buildings being connected to the city wastewater system to determine the elevations, grades and alignment of sewer lines necessary to serve the building prior to the pouring of the building foundation or footings, and to design and construct the connecting sewer in accordance with the information thus obtained.

(b)

Whenever possible, a 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 city wastewater system, the wastewater carried by such building drain shall be lifted by an approved means into the city wastewater system. Operation and maintenance of such a lifting system shall be the sole responsibility of the property owner.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city wastewater system is designed to provide gravity service to the ground level floor of buildings, and above. Basements and below-grade living areas may or may not be served by gravity by the city wastewater system. A building is considered to be "served" by the city wastewater system for purposes set forth in this chapter whenever sewer service is provided to the ground level floor. The requirements for dry sewers are presented in section 114-139.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

No person shall make connection of roof downspouts, 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 the city wastewater system unless such connection is approved for purposes of disposal of polluted surface drainage and for which a discharge permit has been issued.

(b)

As the city identifies these corrections and notifies the property owner of the corrections, corrective measures shall be taken by the property owner at his expense within 90 days after notification or city may make corrective actions and bill customer.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Construction procedures. Construction procedures for water and wastewater connections are as follows:

(1)

All pavement cuts shall be made by sawing prior to excavation to eliminate uneven and ragged edges.

(2)

All backfill beneath roads, sidewalks or other paved areas shall be compacted to 95 percent standard proctor using mechanical tamping equipment in six-inch lifts. It shall be the responsibility of the person making the water or sewer connection to demonstrate to the city manager or his representative that 95 percent compaction has been obtained. (see development regulation 804.02(c), (d), (e) and (f)).

(3)

Final asphalt patches shall match the existing pavement type, quality and thickness as closely as possible. Special care shall be exercised to match existing slopes and grades for a smooth transition (see development regulation 804.02(g) in appendix B).

(b)

Inspection of connections by city. The applicant for a building sewer connection permit shall notify the water and sewer department manager when the building sewer is ready for inspection and connection to the city wastewater system. The connection and testing shall be made in the presence of the water and sewer department manager or his representative. A three-day notice is required.

(c)

Guarding excavations. All excavations for building sewer installation shall be adequately guarded with barricades and lights in compliance with all OSHA and state department of transportation requirements 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 to a good as new condition in a manner satisfactory to the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All water or wastewater construction work conducted on the public right-of-way or any public property shall be conducted only with proper permission from the water and sewer department manager. The developer shall be required to post a bond with the city so that proper restoration of the disturbed area is assured. All disturbed areas as a result of such construction shall be restored to a condition that is as good as new. The scheduling of such construction activities shall be as approved by the city manager if such scheduling approval is determined to be in the public's best interest. (Re: Development regulation 804.11 in appendix B.)

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Required. All wastewater treatment plants, commercial businesses, industries, or institutions shall be required to install backflow prevention mechanisms. Additionally, approved backflow preventers or vacuum breakers shall be installed with all plumbing fixtures or equipment for which the potable water supply outlet may be submerged without the protection of a minimum air gap. The particular backflow prevention devices utilized in any given situation shall be as specified in the plumbing code or as approved by the water and sewer department manager.

(b)

Minimum required air gap. The minimum required air gap shall be measured vertically from the lowest end of a potable water outlet to the flood rim or line of the fixture or receptacle into which it discharges. The minimum required air gap shall be twice the effective opening of a potable water outlet unless the outlet is a distance less than three times the effective opening away from a wall or similar vertical surface in which cases the minimum required air gap shall be three times the effective opening of the outlet. In no case shall the minimum required air gap be less than is provided in the plumbing code.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All standpipes installed for the purpose of providing temporary water supply at any given location shall be installed on a 90 degree elbow. Tees, crosses and wyes or other connecting device shall not be utilized. When the permanent water connection is made, the temporary elbow shall be removed.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All water and sewer service connections for which service has been discontinued as a result of the demolition of the structure being served by the connection, or for any other reasons, shall be properly and permanently capped and sealed to prevent the entrance of ground or surface water in the case of sewers and the escape of potable water in the case of water lines.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All water meters shall be installed at an easily accessible location on or near the property line of the premises being served adjacent to the public right-of-way. Water meters shall not be installed behind enclosed fences, in paved driveways, in paved parking areas or sidewalks. (See development regulations 802.03 (f) in appendix B.)

(b)

Generally, the city shall locate meters at or near the customer's curb or property line. When it is impractical to locate meters at or near the customer's curb or property line, the city may locate a meter in any other reasonably convenient or accessible place which affords protection against damage.

(c)

When meters are grouped, the city shall tag each meter to identify the customer whose services are measured by that meter.

(d)

All single-family, duplex, and townhouse dwellings, per the definitions in the International Building Code, shall be served with separate metered services and shall not be served with master metered water service, except ad provided in section 114-123.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Lift stations serving two or more buildings. All wastewater lift stations installed in the city which serve two or more buildings shall be designed and constructed in strict conformity to the city standards. (See development regulations 706 in appendix B.) Engineering plans shall be prepared for all wastewater lift stations and such plans shall be approved by the city water system prior to construction. Following the construction and acceptance by the city of a wastewater lift station, title to the lift station shall be conveyed to the city.

(b)

Lift stations serving a single building. Unless otherwise approved by the city manager, all wastewater lift stations serving a single building shall be owned, operated and maintained by the building owner. (Also see section 114-114.)

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Construction plans for all water and wastewater facilities which are intended for public use and which are located within the city service area, or which connect to the city system shall be approved by the state environmental protection division and the city prior to beginning construction. The developer shall be responsible for obtaining approval from all agencies.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Where possible fire hydrants shall be installed at a location that minimizes the potential for traffic damage. (Development regulations 802.02(a) and 802.03 in appendix B.) All fire hydrants shall have individual disconnect gate valves on the horizontal connecting pipe and concrete thrust blocks between the back of the hydrant and firm, undisturbed soil.

(b)

All new fire hydrants installed must be inspected by the city before backfilling. A red disc will be placed on any fire hydrant which has been turned off for repairs or is out of service for any reason and immediate notice will be given to the fire safety services manager. Such fire safety services manager shall also be notified when such hydrant is returned to active service. When repairs have been completed, the city water system personnel will place a seal on the plug showing the date that repairs were completed, and remove the warning disc.

(Ord. No. 2017-0921-01, § 1, 9-21-2017; Ord. No. 2022-0317-01, 3-17-2022)

(a)

All fire service systems on private property having fire hydrants, hand hose connections, or sprinkler heads shall utilize underwriter approved full flow factory mutual fire line meters or shall be provided with dual service consisting of a separate domestic service meter and a detector meter on the fire service line.

(b)

When unauthorized water is used through a detector meter or a dual service connection in three or more billing periods in one calendar year, it shall be replaced with a factory mutual full flow fire line meter. Unauthorized use of water is defined as non-fire-fighting water and/or water use without prior notification and approval of the city water system.

(c)

All water meters, detector or fire line, shall be installed on or near city right-of-way.

(d)

Vaults shall be constructed to city specifications.

(e)

Vault construction and meter installation shall be inspected by the city after work has been completed to insure that specifications have been met.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Whenever the mayor and council is of the opinion that it is to the best interest of the city to construct a water or sewer main extension without requiring strict compliance with the provisions of this article, such extension may be constructed upon such terms and conditions as shall be approved by a majority of the members of the council.

(b)

The authority to make water or sewer main extensions under the provisions of this article is permissive only and nothing contained herein shall be construed as requiring the city to make main extensions or to furnish service to any person.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

For installations of water mains under the provisions of this article, cement-lined cast-iron pipe, class 250, American Water Works Association Standard, not less than six inches in diameter shall be used to the dead end of any line and to form loops or continuous lines, so that fire hydrants may be placed on such lines at locations no farther than 1,000 feet from the most distant part of any dwelling structure and no farther than 600 feet from the most distant part of any commercial, industrial, or public building, such measurements to be based on road or street distances; cement-line cast-iron pipe two inches in diameter, to supply dwellings only, may be used to supplement such lines. All such lines shall be installed either by city employees or by other forces working directly under the supervision of the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The provisions of this section shall apply only to water or sewer main extensions of 500 feet or less to areas where there is a demand for water or sewer service by the occupants of existing houses. This section shall not be applicable to land development projects and subdivision promotion, even though accompanied by the erection of occasional houses within such areas.

(b)

Owners of property to be served by a proposed water main or sewer extension of the character to which this section applies shall pay to the city the regular charge for each connection desired immediately and shall also assume one minimum monthly bill for each 100 feet, or fraction thereof, of the proposed extension, the connection charge to be paid and the agreement to pay minimum monthly bills to be signed before the work is begun. The city shall require a cash deposit as security for such minimum bill agreement in an amount that does not exceed the estimated cost of the main extension, before making any such requested extension. Beginning with the completion of the water or sewer main extension such persons shall pay water and sewer bills at least equal to the minimum monthly charges agreed upon until the obligation for the payment of such minimum monthly bills shall have been assumed by other persons acceptable to the city at which time pro rata amounts of cash deposit shall also be returned to the depositors.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

This section shall apply to all areas to which section 114-141 is not applicable. Customers desiring water or sewer main extensions pursuant to this section must pay all of the cost of making such extensions.

(b)

Upon completion of such extensions and their approval by the mayor and council such water and sewer mains shall become the property of the city. The persons paying the cost of constructing such mains shall execute any written instruments requested by the city to provide evidence of the city's title to such mains. In consideration of such mains being transferred to it, the city shall incorporate said mains as an integral part of the city water and sewer system and shall furnish water in accordance with this chapter, subject always to such limitations as may exist because of the size and elevation of the mains. As further consideration, the city shall repay to the person or persons paying the cost of such a main extension, for a period of five years, but no longer, from the date of completion of the extension the sum of $50.00 for each connection that is made to such main extension; provided, however, that the total payments shall in no event exceed the cost of the said extension paid by such person or persons. Provided also, that before making any such payment the city shall have the right to require that the customer making the connection in question shall sign a contract for water or sewer service for a period of time to be fixed by the city, but not to exceed three years.

(c)

No repayment shall be made for service line connection not made directly to the water or sewer main extension in question, even though such service line connections are made to a main extended from, or receiving water through, the main extension in question.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection except where the context clearly indicates a different meaning:

(1)

Private well shall include any well-constructed for the purpose of obtaining groundwater for supply to a residential dwelling or appurtenant buildings for domestic use, including, but not limited to, household purposes, the watering of farm livestock or gardens, irrigation, heating/cooling, and recreational uses.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Cross reference— Definitions generally, § 1-2.

(a)

All private wells located in the city must be in compliance with the following criteria:

(1)

Not less than 50 feet from a septic tank.

(2)

Not less than 100 feet away from a septic tank absorption field.

(3)

Not less than ten feet away from a sewer.

(4)

Not less than 1,000 feet away from a solid waste disposal site and not in a direction where ground water flow from the site may be intercepted by the well.

(5)

As far removed as possible from all open abandoned wells.

(6)

No well shall be located in the flood plain unless adequate protection is provided to prevent submergence of the well casing, pumps and appurtenances.

(7)

No well shall be drilled, bored or dug without a permanent sealed casing.

(8)

Private wells shall be physically and totally disconnected from the premises when public water is connected to the premises.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Residential units connected to private wells must use private wastewater disposal systems. Residential units connected to public water must use the public wastewater system, if available.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The water distribution system of any building in which plumbing fixtures are installed shall be connected to a public water supply, if public water is available. A public water supply shall be deemed available if public water exists within 200 feet of such premises.

(b)

When public water is made available, line fees and such other charges as are required by sections 114-52 and 114-122 and other applicable sections shall be paid.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All permanent casing, liners, screens and other manufactured material used in potable water supply well installation must be new and adequate to protect the well against entrance of contaminants during the expected life of the well. All casing and liner pipe joints shall be water tight.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The interconnection of any private wells with the city water system piping is prohibited. Under no circumstances shall any interconnection be allowed whether separated by valves, check valves, backflow preventers or any other such devices.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Location criteria. All springs located in the city which are used for potable water supplies must be in compliance with the following criteria:

(1)

A spring must be protected by an enclosed structure. The walls of the structure must extend down to bedrock, or into the soil sufficiently to provide for a proper foundation to prevent surface water infiltration.

(2)

All surface water run-off must be diverted from the spring.

(3)

The spring must be protected from any entry of surface water.

(4)

The overflow from the spring's enclosed structure must be designed to prevent entrance of contaminants or animals.

(5)

The pumping and water treatment facilities must be enclosed in shelters that are of weather and vandal-proof construction.

(b)

Wastewater disposal. Wastewater disposal shall be the same as for wells as provided in section 114-388.

(c)

Connection to available public water system required. Connection to available public water systems shall be the same as for wells as provided in section 114-389.

(d)

Cross-connecting systems prohibited. Cross-connecting systems shall be the same as for wells as provided in section 114-391.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The use of private surface water treatment systems is prohibited in the city in all locations.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The sections of this chapter shall not preclude any regulations, requirements, or restrictions which are more stringent in nature than the requirements provided in this chapter regarding the use of private water supply facilities as set forth by the state or county health departments.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

No private wastewater disposal facilities which discharge to the surface shall be allowed in the city except as follows:

(1)

Preexisting, properly operating facilities which have valid NPDES permits issued by the State of Georgia Environmental Protection Division or the Federal EPA.

(2)

Those surface discharge systems which have approval of the State of Georgia Environmental Protection Division and for which the following can be conclusively shown to the department manager:

a.

That a proposed development cannot reasonably be served by the existing city wastewater facilities, and

b.

That private wastewater disposal facilities which discharge to the surface are essential to the proposed development, and

c.

That the proposed private wastewater disposal facilities will be designed and constructed in accordance with the city standards and that the facilities will be owned and operated by the city under a discharge permit issued in the name of the city as permittee, and

d.

That all expenses associated with the construction and implementation of the proposed private wastewater disposal facilities including all application fees, levies and charges will be paid for by the developer as well as all operating and maintenance costs up until such time as the facilities are accepted by the city, and

e.

That the city has reviewed and approved the engineering plans and specifications for the proposed wastewater disposal facilities.

(b)

Private wastewater disposal facilities with subsurface discharges shall be constructed and operated in strict conformity with the provisions set forth in this chapter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Domestic wastewater only. The treatment of any wastewater other than domestic wastewater or other such wastewater which is not readily treatable by anaerobic decomposition in septic tanks is prohibited.

(b)

Sewer not available. No person shall construct a septic tank where the City Wastewater Facilities are available as set forth in section 114-234.

(c)

County health department permit required. No person shall construct, repair, alter or enlarge a septic tank unless a valid permit for such work is issued by the county health department.

(d)

Specifications for systems. The specifications for all septic tank systems constructed in the city shall conform to the rules and regulations of the department of public health for individual sewage disposal systems chapters 270-5-25-.04 through 270-5-25-.07.

(e)

Minimum lot size. No septic tank system shall be allowed where the area of the lot is less than 20,000 square feet.

(f)

Discharge to surface. No septic tank shall be allowed to discharge to the surface or to any natural outlet.

(g)

Health menace. No septic tank that creates or will be likely to create a menace to public health shall be allowed.

(h)

Service to multiple units. Only one residential unit or commercial building per septic tank system is allowed.

(i)

Street address required. A street address must be obtained from the city prior to the issuance of a septic tank system approval letter by the water system.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Any premise that has a septic tank, privy or any other private sewage, industrial waste, or liquid waste disposal system located thereon that does not function in a sanitary manner shall be made to function in a sanitary manner within 30 days from the receipt of a written notification and order from the director of the city health department that said system is not functioning in a sanitary manner.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

At such time as the city wastewater system becomes available to a property which is currently served by a private wastewater disposal system that has failed, a direct connection shall be made to the city wastewater system within 30 days after notice of the availability of the city system or, where the city wastewater system is and has been available, within 30 days after notice of the failing private system. The conditions that define the availability of the city wastewater system are set forth in section 114-234.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

When removed from service, any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with a suitable material such as sand, gravel, dirt, etc. In the alternative, the out-of-service wastewater disposal facilities shall be removed from the ground. All connections to the city wastewater system which remove septic tanks from service shall be made to the plumbing system upstream of the septic tank.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No pit privies or other such similar subsurface systems shall be installed.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the rules and regulations of the county board of health.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

No person shall cause or allow to be caused, the deposition of pollution into or onto the streams, drainage ditches, or soil of the city. Such a deposition of pollution shall be deemed to be a public nuisance punished by fine of up to $500.00 for each offense. Each day that the offense continues shall be deemed to be a separate offense. The notice of violation requirement provided in section 114-488 of this chapter shall not be required for cases involving the sudden and accidental releases of pollution.

(b)

This section may be enforced by any remedy as set forth in article IX of this chapter.

(c)

It is not the intent of this section to preempt any federal or state water pollution control laws but instead to compliment such laws so as to provide a local remedy for offenses which are not enforced under said federal or state laws.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Duly authorized employees and representatives of the city and authorized representatives of applicable federal and state regulatory agencies bearing proper credentials and identification shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow these persons ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(b)

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

(c)

The city manager shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(d)

The city manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated frequently to ensure their accuracy.

(e)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city manager and shall not be replaced. The costs of clearing such access shall be the responsibility of the user.

(f)

Unreasonable delays in allowing the city manager access to the user's premises shall be a violation of this chapter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Duly authorized employees and representatives of the city are authorized to obtain information concerning character, strength and quantity of nondomestic wastewater which may have a direct bearing on the kind and source of discharge to the city wastewater system.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All entry by duly authorized employees and representatives of the city bearing proper credentials and identification on utility easements through private property shall be done in full accord with the terms of the utility easement pertaining to the private property involved. Duly authorized employees and representatives of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a utility easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the water or wastewater facilities lying within said easement.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

While performing the necessary work on private properties referred to in this article, the duly authorized employees or representatives of the city shall observe all reasonable safety rules.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city manager, with the authorization of the city mayor and council on a case-by-case basis, is hereby empowered to implement special water conservation measures during emergency conditions. Emergency conditions include time of drought; low stream flows; interruptions in the raw water supply due to breaks or contamination; inability of the filter plant(s) to meet demand; excessive losses or demands in the distribution system due to breaks, fires, or other causes; contamination in the finished water; or any other purpose for which the curtailed use of water might be reasonably required in the best interest of the public health, safety and welfare as determined by the mayor and council.

(b)

The water conservation measures may include restrictions or prohibitions on nonessential uses such as swimming pool filling; watering of lawns and gardens; washing of motor vehicles; recreational uses; and any other uses which the city manager may deem to be nonessential. The types, nature, degree, commencement and duration of restrictions or prohibitions is to be determined by the city manager as directed by the city mayor and council. The existence of restrictions or prohibitions imposed under the dictates of this section shall be published weekly in the city organ in the nonlegal section setting forth the specific nature of the restrictions or prohibitions; the reason or reasons why the restrictions or prohibitions have been imposed; the date upon which the restrictions or prohibitions became or become effective; and, at the appropriate time, the date upon which the restrictions or prohibitions are rescinded. The publication shall continue weekly until such time as the emergency is past and the restrictions or prohibitions are rescinded. The restrictions or prohibitions shall become effective no sooner than the first day following the publication date of the first notice.

(c)

The violation of the restrictions or prohibitions shall be punished as provided in section 1-11 of this Code or by any other legal means as set forth in article IX of this chapter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The failure of any person to comply with any provision contained in this water and wastewater ordinance (sections 114-1—114-531) shall be a violation which shall be enforced in accordance with the penalties and provisions as set forth in this article.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

As used in this chapter, the term significant noncompliance shall mean:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3)

Any other discharge violation that the city manager believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(4)

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city manager's exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s) which the city manager determines will adversely affect the operation or implementation of the city's pretreatment program.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city manager. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city manager to take any action, including emergency actions or any other enforcement action, without a notice of violation first being issued.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 114-491 and 114-492 and shall be judicially enforceable.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city manager may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served at least ten days prior to the hearing. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements; and

(2)

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(b)

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager may fine such user in an amount according to a fine schedule as approved by the city. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

(b)

Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

(c)

Users desiring to dispute such fines must file a written request for the city manager to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the city manager may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(d)

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(1)

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city manager that the period of endangerment has passed, unless the termination proceedings in section 114-495 are initiated against the user.

(2)

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city manager prior to the date of any show cause or termination hearing under section 114-490 or termination under section 114-495.

(b)

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

In addition to division 2 of article V of this chapter, any user who violates the following conditions is subject to discharge termination:

(1)

Violation of wastewater discharge permit conditions;

(2)

Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3)

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(4)

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(5)

Violation of the pretreatment standards in article V of this chapter.

(b)

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 114-490 of this chapter why the proposed action should not be taken. Exercise of this option by the city manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager may petition the county superior court, through the city's attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for civil penalties in at least the amount of $1,000.00 per day per violation or in accordance with 40 CFR Part 403.8(f)(1)(vi)(A), whichever results in the highest minimum penalty. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(b)

The city manager may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(c)

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(d)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable as provided in section 1-11 of this Code.

(b)

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor punishable as provided in section 1-11 of this Code. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(c)

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, as provided in section 1-11 of this Code.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The remedies provided for in this chapter are not exclusive. The city manager may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city manager may take other action against any user when the circumstances warrant. Further, the city manager is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Whenever a user has violated or continues to violate any section of this chapter, a wastewater discharge permit, or order issued under this chapter or any other pretreatment standard or requirement, water service to the user may be severed. In the event of such termination under this section, the city shall retain all rights to collect unpaid bills or amounts owed by the terminated user according to law or other provision of this article. Such rates or charges, if not paid when due, shall constitute a lien upon the premises served. Past due amounts shall bear interest at the same rate as would unpaid ad valorem taxes. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

A violation of any provision of this chapter, a wastewater discharge permit, or order issued under this chapter or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the city manager. Any person creating a public nuisance shall be subject to the sections of this Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city manager shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements as defined in sections 114-486 and 114-487.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Written notice personally delivered or placed in the U.S. Mail by certified mail to the person's last known address shall be deemed sufficient notice for all enforcement actions in this article with the exceptions included in this section. Such notice may be served on any authorized representative of the user. With respect to ordinance violations regarding nonpayment of amounts due under this chapter, only notice mailed to the person's last known address of the amount owed and the date upon which payment is due shall be required. Additionally, there shall be no prior notice requirement for violations of water use restrictions duly published in accordance with section 114-460(b).

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Purpose and intent. The purpose of this article is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by federal law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are to:

(1)

Regulate the contribution of pollutants to the municipal separate storm sewer system by any person;

(2)

Prohibit illicit discharges and illegal connections to the municipal separate storm sewer system;

(3)

Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the municipal separate storm sewer system; and

(4)

To establish legal authority to carry out all inspections, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this article.

(b)

Applicability. The provisions of this article shall apply throughout the corporate area of the city.

(c)

Compatibility with other regulations. This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(d)

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgement shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.

(e)

Responsibility for administration. The local enforcement authority shall administer, implement, and enforce the provisions of this article.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Accidental discharge means a discharge prohibited by this article which occurs by chance and without planning or thought prior to occurrence.

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Construction activity means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES general construction permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.

Illicit discharge means any direct or indirect non-stormwater discharge to the municipal separate storm sewer system, except as exempted in section 114-527 of this article.

Illegal connection means either of the following:

(1)

Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process water, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency, or

(2)

Any pipe, open channel, drain or conveyance connected to the municipal separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR section 122.26 (b)(14).

Municipal separate storm sewer system means any facility designed or used for collecting and/or conveying stormwater including, but not limited to, any roads with drainage systems, highways, (municipal/county) streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage structures, and which is:

(1)

Owned or maintained by the city;

(2)

Not a combined sewer; and

(3)

Not part of a publicly-owned treatment works.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard waste; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatbales; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single person.

Stormwater runoff means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater. The following discharges are exempt from the prohibition provision above:

(1)

Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;

(2)

Discharges or flows from firefighting, and other discharges specified in writing by the (local issuing authority) as being necessary to protect public health and safety;

(3)

The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the state and Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system.

(b)

Prohibition of illegal connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the (municipal/county) separate storm sewer system is prohibited.

(1)

This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of connection.

(2)

A person violates this article if the person connects a line conveying sewage to the municipal separate storm sewer system, or allows such a connection to continue.

(3)

Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the (sanitary sewer department/agency).

(4)

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the local enforcement authority requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the local enforcement authority.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the local enforcement authority prior to allowing discharges to the municipal separate storm sewer system.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The local enforcement authority shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

(b)

If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the local enforcement authority.

(c)

The owner or operator shall allow the local enforcement authority ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of the NPDES permit to discharge stormwater.

(d)

The local enforcement authority shall have the right to set up on any property or facility such devices as necessary in the opinion of the local enforcement authority to conduct monitoring and/or sampling of flow discharges.

(e)

The local enforcement authority may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the local enforcement authority. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.

(f)

Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the local enforcement authority and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

(g)

Unreasonable delays in allowing the local enforcement authority access to the facility is a violation of this article.

(h)

If the local enforcement authority has been refused access to any part of the premises from which stormwater is discharged, and the local enforcement authority is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the local enforcement authority may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, state waters, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

(b)

Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications by person or by phone shall be confirmed by written notice addressed and mailed to the local enforcement authority within three business days of the phone or in-person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

(c)

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

(d)

Failure to provide notification of a release as provided above is a violation of this article.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

(1)

In the event the violation constitutes an immediate danger to public health or public safety, the local enforcement authority is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The local enforcement authority is authorized to seek costs of the abatement as outlined in section 114-531(e).

(b)

Notice of violation. Whenever the local enforcement authority finds that a violation of this article has occurred, the local enforcement authority may order compliance by written notice of violation. The notice of violation shall contain:

(1)

The name and address of the alleged violator;

(2)

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and,

(6)

A statement that the determination of violation may be appealed to the local enforcement authority by filing a written notice of appeal within 30 days of service of notice of violation.

(7)

Such notice may require without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit discharges and illegal connections;

c.

That violating discharges, practices, or operations shall cease and desist;

d.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

e.

Payment of costs to cover administrative and abatement costs; and,

f.

The implementation of pollution prevention practices.

(c)

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the local enforcement authority. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before the local enforcement authority or other appropriate authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.

(d)

Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the appropriate authority upholding the decision of the local enforcement authority, then representatives of the local enforcement authority may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(e)

Costs of abatement of the violation. Within five days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment with _______ days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(f)

Any person violating any of the provisions of this article shall become liable to the city by reason of such violation.

(g)

In the event the alleged violator fails to take the remedial measure set forth in the notice of violation or otherwise fails to cure the violation described therein within ten days or such greater period as the local permitting authority shall deem appropriate, after the local permitting authority has taken one or more of the actions described above, the local permitting authority may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(h)

Criminal penalties. For intentional and flagrant violations of this article, the local permitting authority may issue a citation to the alleged violator requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each upon which any violation shall occur shall constitute a separate offense.

(i)

Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

(j)

Remedies not exclusives. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and local enforcement authority may seek cumulative remedies.

(k)

The local enforcement authority may recover attorney's fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

It is the purpose of this article to establish a fee mechanism whereby the users of various city water and wastewater system services are charged for those services in an amount established by the city as being necessary to provide adequate financial support for the water and wastewater systems.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The actual rates charged by the city for the water and wastewater system services provided shall be published in a separate rate or fee schedule. A copy of said rate or fee schedule shall be made available to the public at the city hall.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The rates charged by the city for the water and wastewater system services shall be revised from time to time by affirmative action of the city as necessary to support the financial needs of the city water and wastewater systems.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The water and wastewater system service charges to owners of buildings containing two or more family dwelling units or an integrated complex of buildings containing same who have elected to use a single water meter to service said units in accordance with section 114-205 are shown in the rate schedule available to the public at the office of the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The payment of the sum due for water and wastewater system services shall be made monthly or at such other time as indicated by the city in accordance with a statement setting forth the amount due. Payment for services billed monthly shall be made on or before the tenth day following the date of the monthly notice, and shall be in default if not paid on or before the 25th day after the date of the monthly notice. Failure to receive notice of the amount due shall in no way relieve the customer, or owner of the property served, from making payment as provided in this subsection.

(b)

Failure to pay the bill by the due date shall result in a ten-percent penalty added to the outstanding balance.

(c)

No partial payments will be accepted. No second notice shall be sent. Failure to receive the bill does not relieve the obligation to pay.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Should any customer, including the owner of the property, receiving water or wastewater service fail to pay any sum due, the water service shall be discontinued until such sums, with penalties as provided in this division, are paid in full.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Upon disconnection for failure to make payment under this article, a reconnection charge shall be assessed and collected with all arrears due before the water service will be restored.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The right to discontinue utility service shall apply to all service received through a single connection or service, even though more than one customer or tenant is furnished service therefrom, and even though the delinquency or violation is limited to only one such customer or tenant.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The utility charges shall be due and payable as shown on the statement of charges rendered, upon failure to pay the full amount of the bill within 15 days after the date indicated on the statement shall be cause for termination of water service to the property to which the bill applies. Termination of service may be accomplished by the city by turning off the water supply to the property involved. If service is terminated under these conditions, all expenses incurred by the city in effecting such termination shall be paid by the owner of the property involved, as well as, reconnection expenses if the service is re-established, and shall be paid in full before the utility service is reestablished.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The owner of the property at which the water and wastewater service is located is ultimately responsible for the payment of any water and sewer service charges which are delinquent. If a renter leaves a service and does not pay for all of the services rendered to that property, the owner of the property shall be responsible for payment of the bills before a new service will be established.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Fast meters. Whenever a meter tested is found to register fast in excess of the tolerance permitted, the city shall refund to the customer the amount billed in error for one-half the period from the time the meter was last tested not to exceed 12 months. However, if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date, based upon available records. The refund shall not include any part of the minimum charge.

(b)

Slow meters. Except as provided by this section, the city may back bill if a meter is found to be slow, non-registering or partially registering. The city may not back bill for any period greater than 12 months from the date it notifies a customer that his or her meter is slow, non-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than 12 months prior to notification, then the city may back bill only for the lesser period of time. In any event, the customer may extend the payments of the back bill over the same amount of time for which the utility issued the back bill.

(c)

Billing for errors. Whenever a meter tested is found to register slow in excess of the tolerance established, the city may bill the customer. If the utility has required a deposit, the customer may be billed only for that portion of the unbilled error which is in excess of the deposit retained by the utility. For a non-registering or partially registering meter, a customer may be billed on an estimated amount based on previous bills for similar usage. It shall be understood that when a meter is found to be in error in excess of the prescribed accuracy limits, fast or slow, the figure to be used for calculating the amount of refund or charges shall be that percentage of error as determined by the test.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Water connection service charge. There is hereby levied and assessed a service charge for making connections to the city water system. All amounts charged for water connections hereunder shall be assessed to the owners of the property being connected, and said charges shall be collected prior to the making of such connection. Water connection assessments shall be as shown on the fee schedule available to the public at the city hall and may be based in part on a road frontage assessment.

(b)

Water service charge for usage. There is hereby levied and assessed rates, fees and/or charges for the service, maintenance, operation and amortization of the city water system, based on the amount of water consumed per month by each customer receiving water from the city. The schedule for usage service charges shall be as shown in the rate schedule available to the public at the city hall.

(c)

Fire service charge. A separate charge for fire service shall be established for varying sizes of water meters or fire line diameters.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Delinquent billed accounts. All billed accounts are due and payable on the billing date. Billed accounts not paid within 45 days from the billing date are delinquent, and service may be disconnected by the city and a service charge added to the account. This delinquent service charge is applicable to each service call to discontinue service for delinquent accounts. (The customer will be charged for the service call even if the service is not disconnected.)

(b)

Service calls. All customer service calls shall be charged to the customer requesting the service in accordance with a fee schedule established by the city reflecting as closely as possible the actual cost to the city for rendering the service(s). The city's regular work hours are 8:00 am to 5:00 pm, weekdays. Restoration of service will only be made during normal working hours. No payments on account will be accepted in the field.

(c)

New customer service. Service charges shall be levied for the following new customer services:

(1)

Regular water service turn-on (next workday after application or later);

(2)

Emergency water service turn-on.

(d)

Meter reinstallation. A service charge to reinstall a meter shall be levied due to nonpayment for failure to apply for service.

(e)

Meter replacement for damage. A charge will be made to replace a meter which has been damaged, or has in any way been made inoperative. This includes the service call. The damaged meter must be returned.

(f)

Replacement of missing or stolen meter. The current cost of new meter must be paid when a meter is missing or stolen.

(g)

Miscellaneous service calls. Service calls to uncover meters, raise meters (where yard has been backfilled or landscaped), repair meter boxes, or meter connections, will be billed at the city's cost.

(h)

Returned checks. A processing fee as established by the city mayor and council will be charged for returned checks. If water service has been discontinued as a result of the returned check, the service charges in subsections (a) and (d) will also apply.

(i)

Failure to apply for service. A fee will be charged to water and/or wastewater system users who have not properly applied for service in their own name. A separate fee shall be charged for each trip made by the city in an effort to have the customer properly and successfully apply for service. Payment must be made by applicant for all water and wastewater services utilized subsequent to the former customer discontinuing service.

(j)

Water and wastewater deposits. A deposit is required on all accounts at the time water and/or wastewater service is connected. The deposit amount will be the average of two months water and wastewater billings, or a specified minimum amount for each service, whichever is greater. The deposit will not be refunded until the account is closed out and the final bill issued. Deposit amounts will be applied to monies due on the date of the final bill, and the balance will be mailed to customer as a credit refund. A new or additional deposit will be required at the time water service is restored for all customers whose service was disconnected for nonpayment, and who do not have a current deposit amount on record.

(k)

Unauthorized connection or usage. The city shall establish fees to be charged for unauthorized water or wastewater system connections and also establish separate fees for the unauthorized use of the city water or wastewater system services.

(l)

If it is found that there is a waste of water in or about any premises to which water is supplied from the City of Canton, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, the City of Canton may cause the water to be cut off from the premises upon reasonable notice to the occupant, unless special circumstances require that such waste shall be immediately stopped. Where the water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the bill for the cost of cutting off and again turning on the water shall have been paid.

(1)

The following uses are examples, but not all inclusive, of a waste or unreasonable use or method of use of water and are prohibited:

a.

Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within 30 days.

b.

Operating an irrigation system or other lawn or landscaping watering device during rain.

c.

Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads.

(2)

The restrictions in this section do not apply to the following authorized uses:

a.

Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities.

b.

Water applied as a dust control measure, as required by erosion and sedimentation rules.

c.

Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology.

d.

Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available.

e.

Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists.

f.

Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions.

g.

Mobile car washes when approval or a special use permit is obtained from the local authority.

h.

Emptying of swimming pools for maintenance when proper local rules are followed.

(Ord. No. 2017-0921-01, § 1, 9-21-2017; Ord. No. 2018-0419-01, 4-19-2018)

(a)

The following charges shall be levied for the use of a three-inch fire hydrant meter as provided in section 114-204:

(1)

A deposit payable at the time meter is picked up..

(2)

A service charge for processing the meter rental.

(3)

A meter rental fee based on the number of days that the customer is in possession of the meter.

(4)

A charge for the water used. The normal water service charge established for usage section 114-52(b).

(5)

Cost for all damages to meters due to user's negligence.

(b)

The customer will be billed for metered water usage on a six-month basis, or when the meter is returned for refund on deposit, whichever occurs first.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

General. A fee shall be levied to all city water system customers who have fire service meters installed in accordance with section 114-138, or who have unmetered fire service lines.

(b)

Fixed monthly service charges. A minimum monthly charge shall be levied on all fire service customers based on the size of the fire line (when no meter is provided); the size of the detector meter (when used); or the size of the full flow factory mutual meter (when used).

(c)

Variable monthly service charges based on usage. Water used through full flow factory mutual meters shall be billed at the normal rate. The water that is measured by the detector meter will be billed at five times the normal water charge.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city manager may waive the provisions of sections 114-41 through 114-55 and division 2 of this article at his discretion when it is determined to be in the best interest of the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Nothing herein contained shall be construed as relieving the city of the requirement, as often as it may be necessary, to revise and adjust its schedule of rates, fees and charges for either water or wastewater services and facilities, or both.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All invoiced water system accounts are due and payable on the date of invoicing. All invoiced accounts not paid within 30 days from the date of invoicing are past due. A late fee of ten percent of the invoiced amount shall be assessed on all unpaid, past due invoices. The late fee provision shall not apply to billed accounts which are covered by section 114-53(a).

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

There is hereby levied and assessed a sewer development fee for making connections to the city wastewater system. All amounts charged for wastewater connections shall be assessed to the owners of the property being connected, and said charges shall be collected prior to the making of such connection.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

There is hereby levied and assessed rates, fees and/or charges for the service, maintenance, operation and amortization of the city wastewater system, based on the amount of water consumed per month by each customer for whom wastewater service is available from the city. The charges for having service available shall be as shown in the rate schedule at the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The utility charges shall be due and payable as shown on the statement of charges rendered, upon presentation and until the date indicated on such statement. Failure to pay the full amount of the bill within 15 days after the date indicated on the service to the property to which the bill applies. Termination of service may be accomplished by the city, either by disconnecting the sewer piping or by turning off the water supply to the property involved, whichever is most practical or feasible in the discretion of the city. If service is terminated under these conditions, all expenses incurred by the city in effecting such termination shall be paid by the owner of the property involved, as well as, reconnection expenses if the service is re-established, and shall be paid in full before the utility service is re-established.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Exceptions to rule that wastewater service charges for usage may be based on water consumed and at the discretion of the city manager are as follows.

(b)

If a significant industrial user has a wastewater return of less than 80 percent of the water purchased then the volume of wastewater may, at the industry's option, be measured directly by a wastewater flow meter. This shall be subject to the following conditions:

(1)

All costs of meter construction, operation and replacement shall be at the industry's expense.

(2)

Plans for any proposed metering facility shall bear the seal of a licensed engineer and shall be subject to city approval.

(3)

The city shall have unrestricted access to the metering facility.

(4)

If for any reason a spot check shows the meter to be in error by more than ten percent then the city reserves the right to base billing upon metered water usage.

(5)

For unauthorized use, the customer may be billed on a reasonable estimate of the service taken. The city may access a fee to defray the cost of restoring service provided such charge is specified in the tariff.

(c)

Increased wastewater flows due to inflow from drainage are not allowed.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All city water system customers for whom there is sewer availability as set forth in section 114-234 shall either connect to the city wastewater system as required by section 114-234 or pay the charges as indicated in the division in lieu thereof, as set forth in the rate schedule available to the public at the city hall.

(b)

The purpose of the sewer system fees required under this section is for the city to recover an equitable and fair portion of the costs of constructing sewers and providing wastewater treatment plant capacity for potential customers in various service areas where the customers may or may not desire to connect to the wastewater system. The expense of making wastewater service available to a prospective customer should be borne by the person who benefits from the sewer availability, whether or not that person elects to avail himself or herself of the services provided by the city at the city's expense.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city may adopt charges and fees relative to the nondomestic user program as necessary, to include the following:

(1)

Fees for reimbursement of costs of setting up and operating the city's pretreatment program;

(2)

Fees for monitoring, inspection and surveillance procedures;

(3)

Fees for reviewing accidental discharge procedures and construction;

(4)

Fees for permit applications;

(5)

Fees for filing appeals;

(6)

Fees for consistent removal by the city of pollutants otherwise subject to federal pretreatment standards; and

(7)

Other fees as the city may deem necessary to carry out the requirements of the nondomestic users' program.

(b)

These fees relate solely to the matters covered by this paragraph and are separate from all other fees chargeable by to the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No person shall make an unauthorized water or sewer connection nor obtain unauthorized water or wastewater services. Persons so making unauthorized connections or obtaining unauthorized service shall be subject to a fee as set forth in the city water and wastewater fee schedule, on file in the office of the city clerk.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The construction and operation of all water and wastewater system piping shall be in such a manner so as to eliminate cross-connections or the possibility thereof. It is the intent of this Code section to protect the public health by providing regulations whereby the possibilities for the contamination of the water supply due to cross-connections with the wastewater system are greatly reduced or eliminated. For that reason the provisions and requirements contained in the city cross-connection program are adopted herein by reference.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the water or wastewater facilities. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The conditions for the use of private wells are set forth in article IV of this chapter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All meters shall be installed, tested, repaired, and removed by the city. Except in subdivisions or as elsewhere provided, all meters, service connections, and other equipment furnished by or for the city shall be and remain the property of the city. The city will, at its own expense, make routine tests of meters when it considers such tests desirable. The city will also make tests or inspections of its meters at the request of the customer. However, if a test requested by a customer shows a meter to be accurate within the normal limits, the customer shall pay a meter testing charge in an amount as fixed from time to time by the mayor and council. If such test shows a meter not to be accurate within such limits, the cost of such meter test shall be borne by the city.

(b)

When a service line is completed, the city shall be responsible for the maintenance and upkeep of such service line from the main to and including the meter and meter box, and such portion of the service line shall belong to the city. The remaining portion of the service line beyond the meter box shall belong to and be the responsibility of the customer. The cost for such connection shall be as provided in the schedule of utility fees and charges. No one shall do anything, which will in anyway interfere with or prevent the operation of a meter. No one shall tamper with or work on a water meter without the written permission of the city. No one shall install any pipe or other device, which will cause water to pass through or around a meter without the passage of such water being registered fully by the meter.

(c)

Anyone receiving water service from the city water system shall be responsible for the meter and meter box from the time it is installed until it is removed. Any changes in grade of the premises shall be made so as not to damage the meter or meter box, or cover the meter box. Anyone damaging the meter or meter box, or covering same with earth, shall be liable for the cost of the damage. Water users shall not remove the box from the meter or leave the meter exposed to possible freezing or other damage.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Certain city water system users shall be required to provide backflow prevention. For specific backflow prevention requirements, see section 114-131.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All persons who withdraw water from a fire hydrant other than for bona fide emergency purposes shall have the water metered through a three-inch fire hydrant meter and pay the proper charges in accordance with the rates set forth in section 114-54.

(b)

The city shall have the authority to contract with commercial businesses and private citizens to supply such three-inch fire hydrant meters as are necessary for the customer's use and to inspect and repair at the customer's expense meters that are damaged through the customer's negligence. The city shall also collect and account for a deposit on each meter maintained by the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The owner of buildings containing two or more family dwelling units is prohibited from using a single water meter to service said units unless same is expressly provided by ordinance; no customer may permit water or wastewater service to be taken through his installation (water meter) into any other building or dwelling unit, whether owned by himself or another, or whether on his premises or elsewhere. (However, see the exception section 114-123.)

(b)

The owner of buildings containing two or more family dwelling units, businesses, or an integrated complex of buildings containing same may elect to use a single water meter to service said units, and if said election is made, the owner of such buildings will be responsible for payment for all water and wastewater services rendered to said buildings and units by the city as set forth in section 114-44.

(c)

The single water meter herein provided shall be installed at or near the customer's property line as the city manager may designate.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city provides water and sewer service to residential multi-unit buildings. These services are billed by the city on a master meter basis and the landlord or property owner is responsible for paying for all charges contained in such bills.

(b)

All new multi-family buildings shall be sub-billed by the owner or landlord or by a third party based on sub-unit meters which will be installed at the time of construction.

(c)

This section shall apply only to new multi-unit residential buildings permitted on or after July 1, 2011, except that the section shall not apply to any building constructed or permitted prior to July 1, 2011, which is thereafter:

(1)

Renovated; or

(2)

Following a casualty or condemnation, renovated or rebuilt.

(d)

This section shall apply only to new multi-unit retail and light industrial buildings permitted or with a pending permit application on or after July 1, 2011, except that this section shall not apply to any building constructed or permitted prior to July 1, 2011, which is thereafter:

(1)

Renovated; or

(2)

Following a casualty or condemnation, renovated or rebuilt.

(e)

Originally adopted in December 2010 (Ord. No. 20121216-A) in accordance with MNGWPD requirements.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

No person shall dispose of human excrement except in a toilet. All toilets shall either be connected to the city wastewater system or to an approved private wastewater disposal facility that complies with the provisions of article VII of this chapter.

(b)

The owner of every house, building, or property used for human occupancy, employment, recreation, or other purposes situated within the city jurisdiction, 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 of the city, is hereby required at the owner's expense to install suitable toilet facilities therein. All toilet facilities shall be kept clean and in a sanitary working condition. Flush toilets shall be provided at all times with sufficient running water under pressure to flush the toilet clean after each use.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

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 into any storm sewer or any sewer which connects to the storm sewer system of the city any polluted water or wastewater.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The use of septic tanks, privies or any other means of wastewater disposal other than into the city wastewater system is prohibited except in Governors Walk or Great Sky subdivisions or as provided for in article VII of this chapter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All toilets, sinks, dishwashing machines, lavatories, basins, shower baths, bathtubs, laundry tubs, washing machines, and similar plumbing fixtures or appliances shall be connected to the city wastewater system when there is sewer availability, defined as follows:

(1)

Sewage shall be considered available to an existing single-family residence when the main, ground level floor of the structure can be connected by gravity flow to a sewer line in any public right-of-way or easement which passes the property within 300 feet.

(2)

Sewage shall be considered available to an existing multifamily, commercial, institutional or industrial structure when sewage service is provided in the drainage basin within which the structure is located.

(3)

However, septic tanks shall be allowed on lot sizes of two acres and larger provided the provisions of sections 114-136 and 114-422 are met, except in Governors Walk.

(b)

At such time as there is sewer availability to any structure that generates or might potentially generate wastewater, notification will be given by the city to the owner or rightful possessor of said premises as to the fact that there is sewer availability.

(c)

Following written notification of sewer availability, all recipients of said notice shall have three months from the date of receipt of notice within which to connect to the city wastewater system. All such connections must be made in full compliance with all the provisions of this chapter.

(d)

Any person who, following notification of sewer availability from the city, believes that there is no sewer availability to his or her property may petition the city by registered mail for a review of the matter. Following such a petition for review, the city will meet with the owner on-site at a predetermined time and date to review the petitioner's case. At such hearing the burden of proof shall be upon the petitioner to show that there is no sewer availability in accordance with the definitions provided above. Following the hearing, the city will respond in writing to the petitioner with the city's official position on the matter within 30 days of the hearing.

(e)

Any person who has sewer availability, and who has been notified by the city of that sewer availability as provided above, has the option of not tieing onto the city wastewater system provided that the person shall pay the non-connected customer service charge as provided in section 114-90 commencing three months following the notification stipulated above. Any person who ties onto the city wastewater system within the three month period provided above shall pay the normal service charges commencing 60 days after the required permits are issued.

(f)

Devices used to move sewerage from the building to the city wastewater system are the responsibility of the owner and will not be repaired or maintained by the city.

(g)

Property owners are responsible for construction and maintenance of the service line from the premises served to the point of connection with the city service lateral.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

It shall be unlawful to empty, dump, throw or otherwise discharge into any manhole, catch basin or other opening into the city wastewater system, or any system connected with and discharging into the city wastewater system, the contents of any holding tank, including septic tank wastes, sludge, sewage or other similar matter or material.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The discharge of the materials collected from grease traps into the city wastewater system is prohibited. (See also section 114-277.)

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

It shall be the obligation of all users of the city wastewater system to reduce to the extent reasonably possible all infiltration and inflow. Infiltration and inflow shall be reduced by using water-tight pipe and construction materials in all private portions of the sewer system as well as those sewer systems which are to be deeded to the city.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No premises which utilize a private water system shall be allowed to connect to the city wastewater system.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1)

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21.

(2)

Wastewater having a pH less than 5.5 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment.

(3)

Solid or viscous substances in amounts which will cause obstruction of the flow in the sewer system or POTW resulting in interference.

(4)

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

(5)

Wastewater having a temperature greater than 150 degrees Fahrenheit (65 degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius).

(6)

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

(7)

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(8)

Trucked or hauled pollutants, except at discharge points designated by the city manager in accordance with section 114-279 of this chapter.

(9)

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

(10)

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit.

(11)

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.

(12)

Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the city manager.

(13)

Sludges, screenings, or other residues from the pretreatment of industrial wastes.

(14)

Medical wastes, except as specifically authorized by the city manager in a wastewater discharge permit.

(15)

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(16)

Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.

(17)

Fats, oils, or greases of animal or vegetable origin in concentrations greater than 250 mg/l.

(18)

Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The pollutant limits in subsection (b) of this section are established to protect against process interference, stream standards violation, or sludge contamination. Discharges by users of the collection and treatment system are limited such that the concentrations of specific pollutants measured at the point of discharge into the collection system do not exceed concentrations specified below.

(b)

No user shall discharge wastewater which exceeds the following shown limits:

Ammonia nitrogen (total = NH3 + NH4) .....50

Antimony .....*

Arsenic .....0.38

Barium .....5.0

Beryllium .....13.0

Biochemical oxygen demand, 5-day (BOD ⁵ ) .....600

Bismuth .....*

Boron .....1.0

Cadmium .....0.26

Chemical oxygen demand (COD) .....1,200

Chloride .....250

Chromium, total .....26.5

Cobalt .....*

Copper .....12.59

Lead .....1.03

Manganese .....5.0

Mercury .....0.062

Molybdenum .....0.46

Nickel .....2.21

Phosphorus (total) .....20

Rhenium .....*

Selenium .....0.46

Silver .....6.88

Strontium .....*

Tellurium .....1.0

Tin .....1.0

Uranyl ion .....*

Zinc .....2.06

Cyanide, total .....0.67

Phenol .....2.0

Oil and grease (mineral) .....25

Oil and grease (floatable) .....250

Herbicides, fungicides and pesticides .....*

Total toxic organics .....2.13

Surfactants (as MBAS) .....200

Suspended solids .....600

*Shall not exceed background levels present in domestic wastewater.

(c)

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Any laws or regulations promulgated by the State of Georgia relative to the construction or use of wastewater facilities which are more strict than the regulations provided in the city Code are incorporated herein by reference, and such regulations may be enforced by the city.

(b)

Federal pretreatment standards are as follows:

(1)

The federal government has adopted regulations governing wastewater discharges from industries into POTWs. These federal regulations are generally referred to as the Federal Pretreatment Standards, as set forth in 40 CFR Part 403, or the Federal Categorical Pretreatment Standards, as set forth in 40 CFR Parts 405—471. Any portion of these federal standards which are more strict than the regulations provided in the city Code are incorporated herein by reference, and such regulations will be enforced by the city.

(2)

It is the affirmative obligation of all industrial users regulated by the Federal Pretreatment Standards, inclusive of the Federal Categorical Pretreatment Standards, to comply with the federal standards whether or not the industry has received notification from the city or any other jurisdiction of the existence and nature of the federal standards.

(3)

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405—471 are hereby incorporated.

(4)

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

(5)

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city manager shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

(6)

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(7)

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

(c)

Modifications to federal pretreatment standards are as follows:

(1)

From time to time the federal government may alter existing federal pretreatment standards or promulgate new standards. None of the provisions contained in the city Code shall prevent the timely implementation of new or altered federal standards by the industries to whom the new or altered standards apply. Where new or altered federal standards are more strict than the standards presently being imposed by the city, the city may, without prejudice, immediately revise any industrial wastewater discharge permits to reflect the new or altered standards. If the industrial user is unable to immediately conform to the new or altered standards, a reasonable schedule for compliance shall be provided by the city manager.

(2)

Where the city's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five (95) percent of the samples taken when measured according to the procedures set forth in section 403.7 (c) (2) of 40 CFR Part 403 promulgated pursuant to the Clean Water Act, as amended. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Georgia Environmental Protection Division is obtained.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All nondomestic users shall, upon the request of the city, complete and submit to the city a wastewater pretreatment permit application. The wastewater pretreatment permit application shall be on a form provided by the city and shall be used for the purpose of determining whether the industry is a "significant industrial user," issuing a permit and for other purposes. The wastewater pretreatment permit application shall include the following information, at a minimum:

(1)

Name, address and location, if different from the address.

(2)

SIC number according to the Standard Industrial Classification Manual, U.S. Office of Management and Budget, 1987, as amended.

(3)

Wastewater constituents and characteristics, including but not limited to those shown in sections 114-266 through 114-268.

(4)

Time and duration of contribution.

(5)

Average daily and peak wastewater flow rates, including daily, monthly and seasonal variations if any.

(6)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation.

(7)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(8)

Each product produced by type, amount, process or processes and rate of production.

(9)

Type and amount of raw materials processed (average and maximum per day).

(10)

Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(11)

Any other information as may be deemed by the city to be necessary to evaluate the permit application.

(b)

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(c)

The city will evaluate the data furnished by the user and may require additional information.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Except as indicated in subsection (b) of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city manager may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(b)

Samples for oil and grease, temperature, pH, cyanide, phenols, hexavalent chromium, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All wastewater monitoring samples required by the city shall be tested by an independent laboratory for the parameters required, with the results submitted to the city on the original laboratory report sheets. The cost of these test plus 15 percent overhead shall be paid for by the customer being tested. The requirement for utilization of an independent laboratory may be waived by the city when the required tests are performed by the city or other approved agency or when duplicate ("split") samples are provided to the city and the city's testing results of such duplicate samples show a reasonably good correlation with the user's in-house testing results.

(b)

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter 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, or in accordance with any applicable EPA testing procedure of general acceptance in the chemical testing industry, provided, however, that all such analyses shall be determined in accordance with the requirements of 40 CFR 136, which requirements shall prevail in the event of conflict.

(c)

The cost(s) incurred for testing shall be the responsibility of the customer.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Generally. All significant industrial users (see definition of significant industrial user in section 114-3) that discharge wastewater effluent into the city wastewater system shall comply with the following.

(b)

Sampling manhole. In order to provide for accurate sampling and measurement of industrial wastes, each significant industrial user shall provide and maintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside the plant. If inside the plant fence, there shall be a gate near the sampling manhole with a key furnished to the city. There shall be ample room provided in each sampling manhole to enable convenient inspection and sampling by the city, or its agent. In certain sampling manholes where noxious fumes may accumulate, the city may require a fume exhaust system to protect the life and health of the city employees who are required to enter the sampling manhole. The fume exhaust system should extract the fumes from the bottom of the manhole and provide not less than one air change per minute. The manhole shall include a water-proof 120V, single phase electrical outlet at or near the installation.

(c)

Discharge permit required. It shall be unlawful for any significant industrial user, as determined under this chapter, to discharge wastewater into the city wastewater system without a city issued discharge permit.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Sampling and testing records. Any permitted user subject to the reporting requirements established in sections 114-346—114-349 shall maintain records of all information resulting from any monitoring activities required by section 114-314. Such records shall include for all samples:

(1)

The date, exact place, method, and time of sampling and names of the person or persons taking the samples;

(2)

The dates analyses were performed;

(3)

The name of the person(s) who performed the analysis;

(4)

The analytical techniques/methods used; and

(5)

The results of such analyses.

(b)

Monitoring activities and records of results. Any permitted user subject to the reporting requirements established in sections 114-346—114-349 shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the city, state, or the Environmental Protection Agency. This period of retention shall be extended during the course of any unresolved litigation regarding the permitted user, or when requested by the city, state, or the Environmental Protection Agency.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the city may enter into an interjurisdictional agreement with the contributing municipality.

(b)

Prior to entering into an agreement required by subsection (a) of this section, the city manager shall request the following information from the contributing municipality:

(1)

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(2)

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(3)

Such other information as the city manager may deem necessary.

(c)

An interjurisdictional agreement, as required by subsection (a) of this section, shall contain the following conditions:

(1)

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as the ordinance from which this chapter is derived and local limits which are at least as stringent as those set out in sections 114-266 through 114-268. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;

(2)

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3)

A requirement for new significant industrial users discharging into sewers of a contributing municipality to obtain a wastewater discharge permit from the city manager.

(4)

If the contributing municipality has in place an industrial pretreatment program approved by the Environmental Protection Division, a provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the city manager; and which of these activities will be conducted jointly by the contributing municipality and the city manager;

(5)

A requirement for the contributing municipality to provide the city manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;

(6)

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

(7)

Requirements for monitoring the contributing municipality's discharge;

(8)

A provision ensuring the city manager access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the city manager; and

(9)

A provision specifying remedies available for breach of the terms of the interjurisdictional agreement.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Required. All users shall provide necessary wastewater pretreatment as required to comply with the limitations and provisions contained in this chapter and to 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 acceptable to the city prior to commencement of construction of the facility. The review of such plans and operating procedures will in no way relieve the user of the responsibility for modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. 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.

(b)

Compliance schedules. The timing of construction and operation of pretreatment facilities as required hereby shall be in accordance with the compliance schedules provided by the city as described in section 114-347; however, the city shall also have the authority to issue compliance schedules independent of the permitting process and such compliance schedules may be enforced by the city as provided in article IX of this chapter.

(c)

Maintenance of pretreatment facilities. All wastewater pretreatment facilities shall be properly and adequately maintained by the user so as to achieve the intended purpose of the facilities.

(d)

Periodic restrictions. Whenever deemed necessary, the city manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

(e)

Control facility. The city manager may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(f)

Gas detection meter. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Required. Sand and oil or grease interceptors are required as follows:

(1)

All users involved in the preparation of food for commercial purposes shall provide oil/grease interceptors or traps. Additionally, any user who generates a wastewater which contains greater than the quantity of oil and grease regulated under sections 114-266 through 114-268, and provided that the excess oil and grease is floatable and can be effectively removed in an oil/grease interceptor or trap, then said user will be required to install a grease/oil interceptor.

(2)

All users whose wastewater stream is associated with unusually large quantities or grit, sand or gravel shall be required to install a sand trap. All car/truck wash systems shall be required to install trap design and installation shall be approved by the city.

(3)

The requirements of this chapter section shall not apply to private living quarters or dwelling units.

(b)

Design criteria. Design criteria shall be as follows:

(1)

All sand and oil/grease interceptors used in conjunction with restaurants or other eating establishments shall have a capacity of 15 gallons per seat, except that no grease trap shall be smaller than 750 gallons nor larger than 3,000 gallons.

(2)

All sand and oil/grease interceptors used in conjunction with facilities other than eating establishments shall have a capacity that will provide not less than ten minutes nor more than 30 minutes retention time at the peak eight-hour flow rate. Flow-through velocities shall not exceed one foot per second at the peak eight-hour flow rate.

(3)

All sand and oil/grease interceptors shall be sized, located and constructed in accordance with the provisions of the duly adopted city plumbing code where such parameters have not been otherwise set forth herein.

(c)

Maintenance.

(1)

All grease, oil and sand interceptors or traps shall be maintained by the user at his expense, in continuously efficient operation at all times.

(2)

In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material, and shall maintain records of the dates, and means of disposal which are subject to review by the city manager. The frequency of removal shall be such as to ensure that no overflows of oil, grease or sand into the wastewater system ever results.

(d)

Proper disposal of collected materials. Any removal and hauling of the collected materials not performed by the owner's employees must be performed by currently licensed waste disposal firms. Under no circumstances shall the collected materials ever be returned to the wastewater system.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Protection. Each significant industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Additionally, any person or industry which handles hazardous wastes, any priority pollutant as shown on the Environmental Protection Agency list, or any prohibited materials shall, upon the request of the city, provide proof of protection from accidental discharge of hazardous wastes, priority pollutants, or prohibited materials. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facilities. Construction shall be completed within 18 days of approval of plans by the city. No significant industrial user shall be permitted to introduce pollutants into the system until accidental discharge procedures and facilities (if required) have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

(b)

Notification required. Notification of accidental discharge shall be in accordance with section 114-351.

(c)

Accidental discharge/slug control plans. At least once every two years, the city manager shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city manager may require any user to develop, submit for approval, and implement such a plan. Alternatively, the city manager may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1)

Description of discharge practices, including non-routine batch discharges;

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the city manager of any accidental or slug discharge, as required by division 3 of this article; and

(4)

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Septic tank waste may be introduced into the POTW only at locations designated by the city manager, and at such times as are established by the city manager. Such waste shall not violate any section of this chapter or any other requirements established by the city. The city manager may require septic tank waste haulers to obtain wastewater discharge permits.

(b)

The city manager shall require haulers of industrial waste to obtain wastewater discharge permits. The city manager may require generators of hauled industrial waste to obtain wastewater discharge permits. The city manager also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

(c)

Industrial waste haulers may discharge loads only at locations designated by the city manager. No load may be discharged without prior consent of the city manager. The city manager may collect samples of each hauled load to ensure compliance with applicable standards. The city manager may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(d)

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Established. All users discharging high strength wastewater into the city wastewater system shall be assessed a monetary surcharge, in addition to the normally required sewer use charges, in an amount to be calculated as shown below. A "high strength" wastewater is defined as wastewater which contains the below shown parameters in excess of the below shown concentrations:

(1)

Five-day, 20 degrees Celsius biochemical oxygen demand (BOD) of 300 milligrams per liter (mg/l), not to exceed a maximum of 600 mg/l.

(2)

Total ammonia nitrogen (NH3+NH4) of 30 mg/l, not to exceed a maximum of 50 mg/l.

(3)

Total phosphorus of ten mg/l, not to exceed a maximum of 20 mg/l.

(4)

Floatable oil and grease of 100 mg/l, not to exceed a maximum of 250 mg/l.

(b)

The parameters shall be determined by the utilization of the sampling and testing procedures as provided in section 114-270. The amount of the surcharge, which is hereby charged and assessed against all users discharging high strength wastewater into the city wastewater system, shall reflect the cost incurred by the city in handling the excess oxygen demand, ammonia, total phosphorus, and floatable oil and grease. This surcharge shall include a proportionate share of charges for maintenance and operation of the wastewater treatment facilities including depreciation and other incidental expenses.

(c)

Formula. When the concentrations of the surcharged parameters shown above exceed the values of the constituents as set forth in subsection (a), above, the excess concentrations shall be subject to a surcharge in the amount derived in accordance with the following formula:

Surcharge $/month = P × G × 8.34 × C

Where:

P Is the excess concentration in mg/l of the parameter (BOD, etc.) being evaluated; i.e. the actual concentration less the allowable concentration listed in subsection (a) would be the excess.

G Is equal to the user's monthly wastewater flow in millions of gallons.

8.34 is a conversion factor.

C Is equal to the unit cost in dollars per pound ($/lb.) for the treatment of the surcharged parameters. This value shall be established by the department manager based on actual wastewater treatment costs which shall be revised from time to time as necessary.

(d)

Quantitative measurement of surchargeable parameters. The measurement of the surcharge parameters (BOD, COD, ammonia, total phosphorus, or floatable oil and grease) shall be conducted as follows:

(1)

The city shall sample and test the user as provided in section 114-270 a minimum of once per year, except that the duration of the sampling to determine surcharge shall be for a period of not less than 14 calendar days.

(2)

The city need not provide any prior notice to the industry with regard to the sampling period.

(3)

The city may sample the user as often as desired at the city's expense if, in the opinion of the city, representative samples have not been previously obtained.

(4)

If in the opinion of the user, the samples taken by the city are not representative of the user's typical wastewater, then the user may request a resampling. At the user's request, the city shall grant the user not more than two resamplings per year. All user requested resampling shall be done at the user's expense. A reasonable cost shall be charged to the user by the city therefore.

(e)

Billing procedure. Wastewater surcharges as provided for in this section shall be prepared and rendered in the following manner:

(1)

For users who purchase water from and discharge wastewater to the city water and wastewater systems, the surcharge will be included on the user's regular water and sewer bill or on a separate wastewater surcharge bill.

(2)

For users who purchase water from city water systems within the city, the surcharge will be on a separate wastewater surcharge bill from the city or in such other manner as is in accordance with current city agreements regarding wastewater billings.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection except where the context clearly indicates a different meaning:

(1)

Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

(2)

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(3)

Permitted. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this section.

(b)

Notice. Notice shall be given as follows:

(1)

If a user knows in advance of the need for a bypass, it shall submit prior notice to the city manager, at least ten days before the date of the bypass, if possible.

(2)

A user shall submit oral notice to the pretreatment coordinator of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The city manager may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(c)

Enforcement. Bypass is prohibited, and the city manager may take an enforcement action against a user for a bypass, unless:

(1)

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2)

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3)

The user submitted notices as required under paragraph (c) of this section.

(d)

Grant of approval. The city manager may approve an anticipated bypass, after considering its adverse effects, if the city manager determines that it will meet the three conditions listed in subsection (d) of this section.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city manager, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Operators of industrial wastewater pretreatment systems must comply with state licensing requirements.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All significant industrial users proposing to connect to or to contribute to the city wastewater system shall obtain a wastewater discharge permit before connecting to or contributing to the city system.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

When requested to do so by the city, all significant industrial users shall complete and file with the city an application for a permit accompanied by a fee as set by the city from time to time. Existing users shall apply for a discharge permit within 60 days of notification by the city that a discharge permit is required. Proposed new users shall make application not less than 90 days prior to connecting to or contributing to the city wastewater system. The completed wastewater pretreatment permit application described in section 114-270 will serve as application for a discharge permit.

(b)

The city manager will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the city manager will determine whether or not to issue a wastewater discharge permit. The city manager may deny any application for a wastewater discharge permit.

(c)

The city manager shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the city manager to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.

(1)

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2)

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(3)

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4)

If the city manager fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(5)

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the county superior court.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The city manager may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1)

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2)

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

(3)

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4)

Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

(5)

Violation of any terms or conditions of the wastewater discharge permit;

(6)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(8)

To correct typographical or other errors in the wastewater discharge permit; or

(9)

To reflect a transfer of the facility ownership or operation to a new owner or operator.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits must contain, at a minimum, the following:

(1)

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(2)

A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 114-315 and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3)

Effluent limits based on applicable pretreatment standards;

(4)

Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and

(5)

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

(b)

Wastewater discharge permits may also contain, but need not be limited to, the following conditions:

(1)

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(2)

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

(3)

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

(4)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(5)

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(6)

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(7)

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

(8)

Other conditions as deemed appropriate by the city manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Permits shall be issued for a specified time period as determined by the city, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 60 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in section 114-313 are modified, conditions change, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days advance notice to the city manager and the city manager approves the wastewater discharge permit transfer. The notice to the city manager must include a written certification by the new owner or operator which:

(1)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)

Identifies the specific date on which the transfer is to occur; and

(3)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(b)

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

When city manager has reason to believe that any one of the conditions enumerated in subsection (b) below exists, he shall give written notice thereof to the permittee. Said notice shall set forth the time and place where the charges shall be heard by the city manager. The hearing date shall not be less than 15 days from the mailing of such notice by certified mail to the permittee at the address shown on the permit or at permittee's last known address. At the hearing, the permittee shall have an opportunity to refute the allegations set forth in the proposed permit revocation notice. If after the hearing the city manager finds that any one of the conditions hereinafter enumerated in subsection (b), below, exists, he shall have the right to suspend, revoke or deny the permit.

(b)

Any of the following is reason for permit suspension, revocation or denial:

(1)

Failure to notify the superintendent of significant changes to the wastewater prior to the changed discharge;

(2)

Failure to provide prior notification to the superintendent of changed conditions pursuant to division 3 of this article;

(3)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4)

Falsifying self-monitoring reports;

(5)

Tampering with monitoring equipment;

(6)

Refusing to allow the superintendent timely access to the facility premises and records;

(7)

Failure to meet effluent limitations;

(8)

Failure to pay fines;

(9)

Failure to pay sewer charges;

(10)

Failure to meet compliance schedules;

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

(c)

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the city manager a report which contains the information listed in subsection (b) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the city manager a report which contains the information listed in subsection (b) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(b)

Users described in subsection (a) of this section shall submit the information set forth below:

(1)

Identifying information. The name and address of the facility, including the name of the operator and owner.

(2)

Environmental permits. A list of any environmental control permits held by or for the facility.

(3)

Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(5)

Measurement of pollutants.

a.

The categorical pretreatment standards applicable to each regulated process.

b.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the city manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 114-270.

c.

Sampling must be performed in accordance with procedures set out in section 114-270.

(6)

Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7)

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 114-347 of this chapter.

(8)

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 114-270(b).

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

The following conditions shall apply to the compliance schedule required by section 114-346(b)(7):

(1)

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

(2)

No increment referred to in subsection (1) of this section shall exceed nine months;

(3)

The user shall submit a progress report to the city manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(4)

In no event shall more than nine months elapse between such progress reports to the city manager.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

All significant industrial users shall, at a frequency determined by the city manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified.

(b)

All other users who have been issued discharge permits are required to submit compliance reports at the intervals set forth in each user's individual permit. The compliance reports shall address the discharge parameters and all other information indicated as being necessary to report as shown in the user's permit.

(c)

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(d)

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the city manager, using the procedures prescribed in section 114-270, the results of this monitoring shall be included in the report.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the city manager a report containing the information described in sections 114-346(b)(4)—(6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Each user must notify the city manager of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 60 days before the change.

(b)

The city manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under division 2 of this article.

(c)

The city manager may issue a wastewater discharge permit or modify an existing wastewater discharge permit under division 2 of this article in response to changed conditions or anticipated changed conditions.

(d)

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

For any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the industrial pretreatment coordinator of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(b)

Within five days following such discharge, the user shall, unless waived by the city manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

(c)

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city manager as the city manager may require.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

If sampling performed by a user indicates a violation, the user must notify the city manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city manager within 30 days after becoming aware of the violation. The user is not required to resample if the city monitors at the user's facility at least once a month, or if the city samples between the user's initial sampling and when the user receives the results of this sampling.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

(a)

Any user who commences the discharge of hazardous waste shall notify the POTW, the Environmental Protection Agency regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user:

(1)

An identification of the hazardous constituents contained in the wastes,

(2)

An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and

(3)

An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.

(b)

All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 114-350 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 114-346, 114-348 and 114-349.

(c)

Dischargers are exempt from the requirements of subsection (a) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(d)

For any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the city manager, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(e)

If any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(f)

This section does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

All sampling and testing performed under this subsection for reporting requirements shall be conducted in accordance with section 114-270.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)

Written reports made pursuant to this division will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. No. 2017-0921-01, § 1, 9-21-2017)