Sturgis City Zoning Code

(a)

The city adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality, R 325.11401 to R 325.11407 of the Michigan Administrative Code.

(b)

It shall be the duty of the city manager to cause inspections to be made of all properties serviced by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the city and as approved by the state department of environmental quality.

(c)

The representative of the city water department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of city for the purpose of inspecting the piping system or systems thereof for cross connections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

(d)

The city water department is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this subchapter exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water services to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this article.

(e)

All testable backflow prevention devices shall be tested initially upon installation to assure that the device is working properly. Subsequent testing of devices shall be conducted at a time interval specified by the city water department and in accordance with the state's department of environmental quality requirements. Only individuals approved by the city water department shall be qualified to perform such testing. All such test results shall be certified by the individual conducting the test.

(f)

The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this article and by the state and city plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as: "WATER UNSAFE FOR DRINKING."

(g)

This section is supplementary to all laws and ordinances.

(h)

Any person or customer found guilty of violating any of the provisions of this article, or any written order of the water department in pursuance thereof, shall be deemed guilty of a misdemeanor.

(Code 1969, § 50.11; Ord. of 6-14-2006)

(a)

Charges for the installation and use of the water system are hereby established to recover the costs of administration, construction, reconstruction, maintenance of said system as are necessary to preserve the same in good working order, operation and replacement of the system, and to provide for the payment of any debt service obligations of the city as the same becomes due. Such charges shall be made in accordance with the provisions hereinafter set forth and shall be made against all premises which use the water system.

(b)

The rates for water service charges are to be established by resolution of the city commission, and may be established separately from time to time as necessary to ensure sufficiency of revenues in meeting the expenses of the water system.

(Ord. of 4-11-2007)

Nothing in this Code or the ordinance adopting this Code shall affect the Terms and Conditions for Electric Service, dated June 11, 1997, as amended and all such provisions are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. The city manager may on or before September 1 of any year submit complete schedules of all rates and charges for the ensuing year and when approved by the city commission, they shall be in full force and effect and shall supersede any and all prior rates and charges, and continue in full force until changed as provided in this article.

(Code 1969, § 52.08; Ord. of 6-21-2010)

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

Act or The Act mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

Approval authority means the chief of the surface water quality division, state department of natural resources or delegated representative.

Authorized representative of industrial user means:

(1)

If the industrial user is a corporation, authorized representative shall mean:

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;

b.

The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2)

If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively;

(3)

If the industrial user is a federal, state or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his designee;

(4)

The individuals described in subsections (1) through (3) of this definition 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, five days at 20 degrees Celsius. Biochemical oxygen demand is expressed in terms of weight and concentration (milligrams per liter (mg/l)).

Building sewer means a sewer conveying wastewater from the premises of a user to the publicly owned treatment works.

Bypass means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

Categorical pretreatment standard or categorical standard mean any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter 1, Subchapter N.

CFR means the Code of Federal Regulations.

Chemical oxygen demand (COD) means the total demand or quantity of oxygen required by the wastewater as specified in the current edition of Standard Methods for the Examination of Water and Wastewater expressed in milligrams per liter.

City means the City of Sturgis or its duly authorized deputy, agent, or representative.

Compatible pollutant means pollutants which can be effectively removed by the POTW treatment system to within acceptable levels for the POTW residuals and receiving stream. Specifically excluded are "heavy" metals, PCBs, and any pollutants that will likely contribute or cause operational or,sludge disposal problems or unacceptable discharges to the receiving waters.

Composite sample means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, over a specified period which provides a representative sample of the average stream during the sampling period. For categorical process samples, this is required to be a minimum of four samples per 24 hours (403.12(b)).

Control authority means the city wastewater treatment plant superintendent.

Conventional pollutants means BOD, TSS, pH, fecal coliform, and oil and grease.

Debt service charge means the charges levied for the retirement of indebtedness incurred in the development of the wastewater collection and treatment system.

Direct discharge means the discharge of treated or untreated waters directly or indirectly via storm sewer to the waters of the state or navigable waters of the United States.

Environmental Protection Agency or EPA mean the United States Environmental Protection Agency.

GPD means gallons per day.

Grab sample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

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

Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 USC 1317), into the POTW (including holding tank waste discharged into the system).

Industrial user means a source of industrial waste. Single- and multiple-family residential dwellings with discharges consistent with domestic waste characteristics are specifically excluded.

Industrial waste means any liquid, solid or gaseous waste or form of energy, or combination thereof, resulting from any processes of industry, manufacturing, business trade or research, including the development, recovery or processing of natural resources.

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; or 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 more stringent state or local regulation: Section 405 of the Clean Water Act, (USC 1345); the Solid Waste Disposal), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act."

l means liter.

Local limits means the numerical or nonnumerical standards and requirements established by the POTW in order to protect the safety and welfare of the public and POTW workers or the POTW or to prevent pollutant interference, inhibition or pass through in regards to plant operations or to comply with state and federal regulations.

MDNR means Michigan Department of Natural Resources.

mg means milligrams.

mg/l means milligrams per liter.

National pollutant discharge elimination system or NPDES permit means a permit issued pursuant to Section 402 of the Act (33 USC 1342).

New source means any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to the source if the standards are thereafter promulgated in accordance with that section. Specific provisions shall be as set forth in 40 CFR 403.3(k).

Noncategorical means a process or facility with processes which is/are not regulated by any of the National Categorical Pretreatment Standards listed in 40 CFR Chapter I, Subchapter N.

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. The water discharged from uses such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

NPDES means the national system for the issuance of permits under section 402 of the Act and includes any state or interstate program which has been approved by the administrator, in whole or in part, pursuant to section 402 of the Act National Pollutant Discharge Elimination System.

O&M means operation and maintenance.

Operation and maintenance costs means all costs, direct and indirect, necessary to provide adequate wastewater collection and treatment on a continuing basis, to conform with all federal, state, and local wastewater management requirements, and to assure optimum long-term management of the system. The term "operation and maintenance costs" means and includes replacement costs.

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, or 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) or detrimentally impacts the receiving stream.

pH means the logarithm (base 10) or the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

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

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

Pretreatment or treatment mean 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 introducing the pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a National Pretreatment Standard.

Pretreatment standards or standards means all national categorical pretreatment standards, the general and specific prohibitions specified in 40 CFR 403.5, all state standards as well as the prohibitions or limits specified in this article.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 62-167.

Publicly owned treatment works (POTW) means a treatment works as defined by Section 212 of the Act, (33 USC 1291) which is owned in this instance by the city. This definition includes any public sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewer, or other conveyances not connected to a facility providing treatment. For the purposes of this article, the term "POTW" shall also include any public sewers that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

RCRA means Resource Conservation and Recovery Act.

Receiving waters means both surface and underground waters, including all ponds, lakes, rivers, streams, public ditches or public drainage systems and sewers other than those that convey wastewater to a POTW.

Replacement means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary to maintain the capacity or performance during the service life of the system for which the system was designed or constructed.

Sewer service charge means the total of debt service charges and user charges.

SIC means Standard Industrial Classification Code, A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.

Significant change means any of the following changes in the discharger's effluent or processes since those reported on the discharger's permit application or last compliance report.

(1)

A 20 percent or more change in flow or concentrations of one or more parameters.

(2)

Addition or identification of new pollutant parameters.

(3)

A change in categorical determination.

Significant industrial user means:

(1)

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, Subchapter N; and

(2)

Any other industrial user that:

a.

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater).

b.

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

c.

Is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

(3)

Upon finding that an industrial user meeting the criteria in subsection (2) of this definition 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 an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Slug means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in sections 62-167 and 62-168 or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.

Superintendent means the person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.

SWDA means Solid Waste Disposal Act, 42 USC 6901.

Toxic pollutant means any pollutant or combination of pollutants listed in 40 CFR 401.15 as toxic under the provisions of the Clean Water Act or listed in the Critical Materials Register promulgated by the state department of natural resources.

TSS means total suspended solids.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

USC means United States Code.

User means any person who contributes, causes, or permits the contribution of wastewater into the city's POTW.

User charges means charges levied for operation, maintenance, and replacement of the system.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

Wastewater contribution permit means as set forth in section 62-192.

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 accumulation 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 thereof.

(Code 1969, § 50.51)

Cross reference— Definitions generally, § 1-2.

(a)

This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and General Pretreatment Regulation (40 CFR 403).

(b)

The objectives of this article are as follows:

(1)

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the POtw (publicly owned treatment works) or contaminate the resulting sludge.

(2)

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

(3)

To improve the opportunity to recycle or reclaim wastewater and sludges from the system.

(4)

To provide for fees for equitable distribution of the cost of operation, maintenance and improvement of the POTW.

(5)

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public.

(6)

To enable the city to comply with its NPDES (national pollutant discharge elimination system) permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject.

(c)

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain industrial users and through enforcement of general requirements for the other users; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting, assumes the existing customers' capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article.

(Code 1969, § 50.50)

This article shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city POTW. Except as otherwise provided in this article, the superintendent of the city POTW shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to other city personnel.

(Code 1969, § 50.50)

(a)

Use required.

(1)

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

(2)

Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of seepage.

(3)

The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at his expense to connect any toilet facilities therein directly with the public sanitary sewer in accordance with the provisions of the article, with 90 days after date of official notice to do so, provided that the public sanitary sewer is with 200 feet of the property line.

(b)

Discharge of unpolluted drainage.

(1)

No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer unless specifically authorized by the superintendent.

(2)

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the superintendent, to a storm sewer or natural outlet. Any discharge other than uncontaminated stormwater or natural discharge will require a national pollutant discharge elimination system (NPDES) permit.

(Code 1969, § 50.53)

(a)

Where a public sanitary sewer is not available under the provisions of subsection 62-64(a)(3), the building sewer shall be connected to a private sewage disposal system complying with the applicable requirements of the county and the state.

(b)

At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system, as provided in subsection (a) of this section, a direct connection shall be made to the public sanitary sewer within 90 days, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Code 1969, § 50.52)

No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the city.

(1)

Before a particular permit may be issued for excavating for plumbing or drain laying in any public street, way, or alley, the person applying for the permit may be required to execute unto the city and deposit with the city a performance bond with corporate security in the amount of the contracted or estimated work, conditioned upon faithful performance of all work with due care and skill, and in accordance with the laws, rules, and regulations established by the city pertaining to sewers and plumbing. This bond shall state that the person will indemnify and save harmless the city and the owner of the premises against all damages, costs, expenses, outlays, and claims of every nature and kind arising out of mistake or negligence on his part in connection with plumbing, sewer line connection, or excavating for plumbing or sewer connection as prescribed in this section. The bond shall remain in force and must be executed for a period of one year, except that, upon expiration, it shall remain in force as to all penalties, claims, or damages that may have accrued thereunder prior to the expiration.

(2)

This person shall also provide public liability insurance for the protection of the city, the property owner, and all persons, to indemnify them for all damages caused by accidents attributable to the work, with minimum limits of $1,000,000.00 for one person, $300,000.00 for bodily injuries per accident, and $50,000.00 for property damages.

(Code 1969, § 50.54(A))

All new buildings or buildings requiring new sanitary sewer service shall have a building sewer permit. The building owner or agent shall make application for the permit on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. At such time as the plans and specifications have been approved by the city, a temporary construction permit shall be issued, subject to a final inspection and approval when construction is completed and ready for connection with the city wastewater treatment system. A minimum permit and inspection fee, as established by the city, shall be paid to the city at the time the application is filed.

(Code 1969, § 50.54(B))

All costs and expenses incidental to the application, installation, and connection of the building sewer shall be borne by the user or applicant. The user or the person installing the building sewer shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Code 1969, § 50.54(C))

A separate and independent building sewer shall be provided for every building; except where one building stands rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Other exceptions will be allowed only by special permission granted by the city. Plumbing fixtures installed in accessory buildings and drains carrying sanitary wastewater shall be connected to the public sewer.

(Code 1969, § 50.54(D))

Old building sewers or portions thereof may be used in connection with new buildings only when they are found, on examination and testing by the city, to meet all requirements of this section.

(Code 1969, § 50.54(E))

(a)

The building sewer shall be constructed in accordance with the state plumbing code most recent edition.

(b)

The size and slope of the building sewers shall be subject to the approval of the city, but in no event shall the diameter be less than four inches. Minimum grade shall be as follows.

(1)

Six-inch pipe, one-eighth-inch per foot or one inch per eight feet.

(2)

Four-inch pipe, one-quarter-inch per foot or two inches per eight feet.

(c)

Whenever possible, the building sewer shall be brought to the buildings at an elevation below the basement floor. No building sewer shall be laid parallel to, or within three feet of, any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe or long-radius fittings with a clean-out at each curved pipe. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with current American Society for Testing Materials (ASTM) specifications, except that no backfill shall be placed until the work has been inspected by the city.

(d)

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by the drains shall be lifted by artificial means or discharged to the building sewer.

(Code 1969, § 50.54(F))

The connection of the building sewer into the public sewer shall be made at the wye branch designated for the property if the branch is available at a suitable location. Any connection not made at the designated wye branch in the sewer shall be made only as directed by the city.

(Code 1969, § 50.54(G))

The applicant for the building sewer shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city.

(Code 1969, § 50.54(H))

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(Code 1969, § 50.54(I))

Pretreatment, including, grease, oil, and sand interceptors shall be provided when, in the opinion of the city they are necessary. See section 62-172.

(Code 1969, § 50.54(J))

No connection will be allowed unless there is sufficient capacity available in the system as determined by the city.

(Code 1969, § 50.54(K))

(a)

It is the purpose of this section to provide for the recovery of costs from the users of the city's wastewater disposal system for the implementation of the program established in this article. The applicable charges or fees shall be set forth in the city's schedule of charges and fees.

(b)

The city may adopt charges and fees which may include the following. These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the city.

(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 application.

(5)

Fees for filing appeals.

(6)

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

(7)

Other fees as the city may deem necessary to carry out the requirements contained in this article.

(Code 1969, § 50.62)

(a)

For the use of and the service rendered by the sanitary sewer system and the treatment works, rates and charges shall be established and collected from the owners of each and every lot, parcel of real estate, or building that is actively connected with the city's sanitary sewer system, or otherwise discharges sanitary sewage, industrial wastes, water, or other liquid either directly or indirectly into the sanitary sewer system of the city. Rates and charges shall be fixed and collected from the owners of all improved lots or parcels of real estate or buildings within the city limits so situated that a sanitary sewer is available.

(b)

A sanitary sewer shall be considered available to a lot or parcel of land if it is located in any street or alley adjacent on the effective date of the ordinance from which this article is derived.

(Code 1969, § 50.73(A))

The city manager may on or before September 1 of any year submit complete schedules of all rates and charges for the ensuing year and when approved by the city commission, they shall be in full force and effect and shall supersede any and all prior rates and charges, and continue in full force until changed as provided in this article.

(Code 1969, § 50.73(B); Ord. of 6-21-2010)

All moneys collected under the provisions of this section shall be deposited in a sanitary sewer system and sewage treatment fund, expenditures from which are to be made only for maintenance, operation, administration, and expansion of the city's sewage treatment plant; maintenance and operation of the city's sanitary sewers; and construction or reconstruction of trunk line sanitary sewers.

(Code 1969, § 50.73(C))

No owner of a chargeable property shall be allowed to have free service.

(Code 1969, § 50.73(D))

On an annual basis, each customer shall receive a breakdown of cost of their service charges for the previous year, of that portion of the cost which is attributable to operation, maintenance and replacement, and local capital cost.

(Code 1969, § 50.73(E))

Each user shall receive a monthly invoice for sewer service charges. This invoice shall be due and payable within 30 days after the date of the invoice.

(Code 1969, § 50.73(F))

All nondomestic users of the city sewage works shall pay a surcharge for effluent containing the compatible pollutants in excess of baseline concentrations specified in section 62-168. For suspended solids, BOD, COD, phosphorus, grease and oil, or other specific compatible pollutants, the city may accept payment in lieu of the user meeting baseline concentration limits, subject to section 62-168.

(1)

The city may use the test results from a COD analysis as an alternative means of surcharging for BOD.

(2)

Surcharges for compatible pollutants shall be calculated as follows:

(Code 1969, § 50.73(G))