ARTICLE III. - SANITARY SEWER SYSTEM

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Footnotes:

--- (3) --- Cross reference— Boat sewage waste, § 13-92.

DIVISION 1. - GENERALLY#

Sec. 17-76. - Definitions.#

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 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 state department of environmental management, the administrator of the EPA, or their designee.

Authorized representative of industrial user means an authorized representative of an industrial user may be: (1)

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

(2)

A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(3)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. The authorization shall be made in writing by the individual described above and shall be submitted to the control authority.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 403.5(a)(l) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Best practicable technology (BPT) means a level of technology represented by the average of the best existing wastewater treatment performance levels within the industrial category.

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 expressed in terms of weight and concentration (milligrams per liter (mg/l)).

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes, inside the walls of the building and conveys it to the building sewer outside of the building wall.

Building sewer means a pipe connecting a main sewer with a building for the purpose of conveying sewage of any kind from the building to the main sewer, a sewer conveying wastewater from the premises of the user to the POTW. Building sewers, after completion of construction of a "building sewer lateral," as defined below, shall be maintained by the owner of the property served. That portion of the building sewer which lies within the boundaries of the property served shall be constructed by the property owner.

Building sewer lateral means a pipe laid incidental to the original construction of a sewer from that sewer to some point at the side of the street, highway or similar location, and there capped, having been provided and intended for extension and for use at some time thereafter as a part of a building sewer. When a building sewer lateral has been connected with and extended for the purpose of installing a building sewer, the lateral shall become and thereafter be a part of such building sewer, to be maintained as provided for building sewer. Sewers constructed prior to 1951, where building sewer laterals were installed at the owners expense, shall continue to be installed at the expense of the owner. The city will assume responsibility for repair of a broken or cracked sewer lateral between the curb line and the sewer main or for any blockage caused by a city tree. This provision shall not prevent the city from holding any third parties liable for damages to a sewer lateral.

Categorical pretreatment standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

Categorical standards means the national categorical pretreatment standard.

Chlorine demand means the amount of chlorine expressed in parts per million by weight that is required to produce a residual of 0.1 parts per million of chlorine after 15 minutes contact of chlorine with sewage.

Composite sample means a collection of grab samples taken at equal intervals and combined proportional to flow, or a sample continuously collected proportionally to flow, or a collection of grab samples of equal volumes taken at specific time intervals.

Contractor means an individual, a partnership or a corporation and the proper agents and representatives thereof, approved by the director and to whom the director shall have issued a license to install and repair sewers, during the period when such license is valid.

Control authority means the superintendent of the POTW of the city, or his designee.

Department of environmental management or DEM mean the state department of environmental management, or, where appropriate, the term may also be used as a designation for the DEM director or other duly authorized official of the agency.

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

Director means the director of public works of the city, or his authorized deputy, agent or representative, such as superintendent of sewer division, plumbing inspector, etc.

Drainage field means a system of perforated pipe or open-joint drains laid in trenches backfilled with broken stone or screened gravel, into which the discharge from a septic tank or tanks flows.

Environmental Protection Agency or EPA mean 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 the 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 section 307 of the Act.

Floating solids means only those solids that float on top of the liquids, such as oil, grease, fats, etc.

Garbage means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Garbage disposal unit means a mechanical device used for the grinding, shredding or macerating of any kind of material or waste preparatory to disposal thereof into the city's sanitary sewer system and intended for installation and service for such purpose in any kind of a building or structure other than that served by a private sewerage disposal system.

Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.

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

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

Industrial user means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to section 402 of the Act (33 U.S.C. 1342).

Industrial wastes means the liquid or wastewater carrying any quantity of oils, grease, fats, abrasives, chemicals, residues of manufacturing processes, waste from commercial food preserving or canning, or from slaughterhouses or meat processing plants, and similar substances, whether dissolved in suspension, or mechanically carried by water, as distinct from and not clearly included within other sewage definitions.

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 composited 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 R.I.P.D.E.S. 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: Section 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.

Leaching cesspool means a porous tank or vault made of loose laid stone, brick or concrete block, with open bottom, and with at least 12 inches of broken stone or screened gravel backfilled around the outside of the wall, into which flows the discharge from a dwelling or other building.

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.

National categorical pretreatment standard or pretreatment standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

National pollutant discharge elimination system or NPDES permit mean a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

National prohibitive discharge standard or prohibitive discharge standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) of the Act and 40 CFR, section 403.5.

Natural outlet means any outlet into a watercourse, pond, ditch or other body 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 section 307(c) of the Act which will be applicable with that section, provided that:

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

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

The production or wastewater generating processes of the 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 of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

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

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

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

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

Entered into a building 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 subsection.

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

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 R.I.P.D.E.S. permit, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, 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 ten) of 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, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, agricultural wastes and certain characteristics of wastewater; e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR section 403.6(d).

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

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

Prohibited discharge standards means absolute prohibitions against the discharge of certain substances; these prohibitions appears in section 17-159.

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such 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.

Property owner or owner of property or owner mean both the owner of fee in any real estate and also all tenants, lessees or others in control or possession and use of the property in question, or any interest therein, and any agents or representatives as the interest, duties, powers or liabilities of each may be.

Public sewer means the main line of pipe or conduit, owned, controlled and maintained by the city for the conveyance of waste or sewage from several properties, and shall not be understood to include building sewers or connections between the main sewer and individual properties, which building sewers are maintained by the owners of the properties using them.

Publicly owned treatment works (POTW) means a treatment works as defined by section 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 purpose 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.

Relief sewer or auxiliary drain mean a sewer or storm drain constructed to supplement the capacity of an existing sewer or drain by conveying part of the wastes which would otherwise be discharged into and conveyed by the existing sewer or drain. The particular wastes to be conveyed by any such auxiliary sewer or drain, or relief sewer or drain, shall be determined by what wastes it was designed, laid out or intended to receive and convey as may appear in the records of the department of public works or other body under which it was created.

Rhode Island pollutant discharge elimination system permit or R.I.P.D.E.S. permit mean a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342) and G.L. 1956, § 46-12-1 et seq.

Sanitary sewage means the common wastewater and water-carried wastes from human dwellings, and from toilet and lavatory fixtures, kitchens, laundries and similar facilities of business and industrial buildings.

Sanitary sewer means a sewer intended to convey only sanitary sewage, or, if so stipulated with respect to the particular sewer, sanitary sewage plus industrial or other wastes, but excluding stormwaters, surface waters and groundwaters.

Seepage or subsoil drainage mean water from soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes or from similar sources.

Septic tank means an approved type of watertight compartment made of concrete or approved equal, into which the outflowing sewage from dwellings or other buildings is discharged.

Sewage means wastewater, water-carried wastes, or a combination of them, from residences, business buildings, institutions and industrial establishments.

Sewage treatment plant means any arrangement of devices and structures used for treating sewage.

Sewage works means all public facilities for collecting, pumping, treating and disposing of sewage.

Sewer means the main pipe or conduit, manholes, and other structures and equipment appurtenant thereto, provided to carry sewage, industrial wastes, stormwater, cooling water or similar wastes, subject in each particular case to the purposes and limitations imposed upon the particular pipe or conduit.

Significant industrial user means any industrial user of the city's wastewater disposal system who, due to the amount of discharge flow or due to toxic pollutants in his waste, as defined pursuant to section 307 of the Act or statutes of the state, or by ordinances of the city, or by regulations as may be promulgated from time to time by the superintendent or by the U.S. Environmental Protection Agency (EPA), has significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

Significant industrial user means: (1)

A user subject to categorical pretreatment standards; or

(2)

A user that:

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

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; or

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.

(3)

Upon a finding that a 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 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.

Significant user means all industrial users, and certain commercial users as may be determined by the city.

Slug load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 17-159.

Standard industrial classification (SIC) code means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

Storm sewer or storm drain or drain mean a sewer provided and intended for the conveyance of stormwater with or without other clean wastewaters, as may be stipulated for any particular drain or sewer, but excluding sewage or polluted industrial wastes.

Stormwater means the runoff or discharge of rain and melted snow or other clean water from rooms, surfaces of public or private lands or elsewhere, and only such water which is sufficiently clean and unpolluted to admit of being discharged, without treatment or purification, into any natural open brook, rivulet or stream even if the source of such water is storm runoff once that runoff has entered the channel of such brook or natural watercourse; any flow occurring during or following any form of natural precipitation and resulting therefrom.

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.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of CWA 301(a) or other acts.

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

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 or permitted to enter the POTW.

Wastewater contribution permit means that permit as set forth in subsection 17-166(b).

Watercourse means a channel into which a flow of water occurs, 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 thereof.

(Rev. Ords. 1987, § 17-76; Ch. 446, §§ I—III, 8-12-97; Ch. 892, § I—III, 8-29-23)

Cross reference— Definitions generally, § 1-2.

Sec. 17-77. - Abbreviations.#

The following abbreviations shall have the designated meanings: BOD—Biochemical oxygen demand.

BPT—Best practicable technology.

CFR—Code of Federal Regulations.

COD—Chemical oxygen demand.

DEM—Department of Environmental Management.

EPA—Environmental Protection Agency.

L—Liter.

mg—Milligrams.

mg/l—Milligrams per liter.

NPDES—National pollutant discharge elimination system.

O&M—Operations and management.

POTW—Publicly owned treatment works.

RCRA—Resource Conservation and Recovery Act

R.I.P.D.E.S.—Rhode Island Pollutant Discharge Elimination System.

SIC—Standard industrial classification.

SWDA—Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

TSS—Total suspended solids.

USC—United States Code.

(Rev. Ords. 1987, § 17-77; Ch. 446, §§ IV, V, 8-12-97)

Sec. 17-78. - Purposes of article.#

In order to ensure proper removal and disposal of sewage wastes and wastewaters within the city; to ensure the proper operation and maintenance of public sewers, drains, sewage treatment plants and other drainage or sewerage works within the city; and to provide for keeping adequate records of sewers, drains and appurtenances and connections thereto, the provisions in this chapter regulating the construction, use, repair, alteration and discontinuance or abandonment of sewers, drains and appurtenances and connections thereto, including drains and pipes discharging directly or indirectly into sewers or drains, and the substances to be discharged directly or indirectly into and through sewers, drains and appurtenances of the public sewer system and storm drainage system of the city are enacted by the city council as provided by the Charter of the city, including special acts approved by the state legislature and by the laws of the state.

(Rev. Ords. 1987, § 17-78)

Sec. 17-79. - Obstruction or leak in drain, waste pipe, etc.#

No person shall allow any injurious substance to pass into any drain or waste pipe or allow any drain, waste pipe or soil pipe to become obstructed or to leak. If such drain, waste pipe or soil pipe should become obstructed or should leak, the owner, agent, occupant or other person having charge of the premises on which such drain, waste pipe or soil pipe is situated shall find and remove such obstruction or leak.

(Rev. Ords. 1987, § 17-79)

Sec. 17-80. - Escape of sewer gas odors into cellar or building.#

If any sewer gas or foul odor shall escape from any drain, soil pipe, waste pipe or any fixture into any cellar or any part of an occupied building, the owner, agent or lessee of such cellar or building shall immediately find out and remedy whatsoever may cause such escape.

(Rev. Ords. 1987, § 17-80)

Sec. 17-81. - Garbage disposal units.#

(a)

No garbage disposal unit shall be installed without first having obtained a permit from the director of public works.

(b)

Any person desiring to install a garbage disposal unit shall first make application in writing to the director upon a form provided by him for that purpose, which application shall state the name and address of the applicant, the address of the premises in which such installation is desired, and a general description of the premises and the existing sewer system within the premises affected.

(c)

Upon the filing of such application, the director shall within a reasonable time cause the premises and their available sewer system to be inspected and surveyed and from the findings so obtained determine upon such change or alteration in such system, as in his opinion shall be necessary, before issuing an approval of the application. No such approval shall be issued in any instance where the capacity of the public sewer system within the particular sewer district shall be insufficient, or where the additional demand and service caused by the use of such garbage disposal unit shall be likely to impair the efficiency of such sewer system. A reasonable time in this case shall be considered to mean no more than two weeks from the date of application.

(Rev. Ords. 1987, § 17-81)

Cross reference— Garbage and refuse, ch. 6.

Sec. 17-82. - Damaging, tampering with, etc., equipment of public sewer system.#

No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the public sewer system of the city.

(Rev. Ords. 1987, § 17-82)

Sec. 17-83. - Interpretation of article.#

The provisions of this article with respect to the meaning of technical terms and phrases, the classifications of different kinds or types of sewers, the restrictions as to what wastes may be discharged into sewers, the regulations with respect to making connections to sewers and other technical matters shall be interpreted and administered by the director of public works acting in and for the city.

(Rev. Ords. 1987, § 17-83)

Sec. 17-84. - Right of entry for purposes of inspection.#

Authorized personnel of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

(Rev. Ords. 1987, § 17-84)

Sec. 17-85. - Notice of violations; penalties; disconnection of sewer; liability for costs, expenses, etc., of violations.#

(a)

Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. A reasonable time limit shall be understood to be 30 days from the date of notice to correct. The 30-day correction period will not apply to violations affecting health and safety which could result in immediate termination of service or a shorter correction time period; or as described in section 17-167, enforcement of this article. The offender shall within the period of time stated in such notice, permanently cease all violations and take such action as is recommended or necessary to ensure there will be no recurrence of such violation. All such work in connection therewith shall be performed by the person without delay and without expense to the city.

(b)

Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor. Each day in which such violation shall continue shall be deemed a separate offense for the purpose of applying the penalties in section 1-16. In addition, the director of public works may disconnect or otherwise act to prevent the building sewer from discharging to the public sewer system from the premises in which the violation of the requirements of this article shall have occurred.

(c)

Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation, so that if the director shall have caused the disconnection of a building sewer or drain from the public sewer system, the city may collect the cost of making such disconnection from any person responsible for, or wilfully concerned in, or who profited by such violation of the requirements of this article and may thereafter refuse to permit the restoration of the former connection or of any new connection to the property concerned in the violation of this article until the claim of the city for the cost of making such disconnection shall have been paid in full plus interest and the reasonable overhead of any legal expenses incurred by the city in connection therewith.

(Rev. Ords. 1987, § 17-85; Ch. 446, § VI, 8-12-97)

Sec. 17-86. - Swimming pools.#

The discharge of any water from a swimming pool to the sanitary sewer shall be prohibited.

(Rev. Ords. 1987, § 17-86)

Secs. 17-87—17-100. - Reserved.#

DIVISION 2. - BUILDING SEWERS AND CONNECTIONS#

Footnotes:

--- (4) --- Cross reference— Buildings and building regulations, ch. 4.

Sec. 17-101. - Permit required.#

No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances thereof, unless a proper permit therefor shall have been duly issued by the director of public works as provided in this division. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being introduced into the system shall notify the director at least 45 days prior to the proposed change or connection.

(Rev. Ords. 1987, § 17-101)

Sec. 17-102. - Classification of permits.#

There are two classes of building sewer permits: (1)

Class A permits which shall authorize the connection of residential buildings to the public sewer; and

(2)

Class B permits which shall authorize the connection of all establishments producing commercial and industrial wastes to the public sewer.

(Rev. Ords. 1987, § 17-102)

Sec. 17-103. - Application; fee.#

(a)

Application for a building sewer permit shall be made by a licensed plumber or drainlayer, his agent or representative. Application shall be made on an application form provided by the director of public works. Each application shall be supplemented with the plans and specifications for the sewer connection and such other information relating to the building and the wastes to be discharged, as may be considered pertinent by the director. A permit and inspection fee shall be paid to the city at the time the application is filed.

(b)

The schedule of sewer connection fees based upon water meter size shall be established as follows:

Meter size Connection fee

⅝″ $ 1,500.00

¾″ 3,800.00

1″ 4,800.00

1½″ 7,600.00

2″ 10,133.00

For meter size larger than one inch, the connection fee shall be based upon the proposed water use established by a study performed and sealed by a state registered professional engineer and approved by the director of public works. Such fee shall be at the rate of $1,500.00 for each 500 gallons per day, or portion thereof, of proposed use but not less than $4,800.00.

For multi-family housing, or multi-family combined with commercial use, whether apartments or condominiums, or hotel type use, the fee shall be either the fee determined by the schedule above or the product of the number of housing units times $1,500.00 per unit, whichever shall be larger.

(Rev. Ords. 1987, § 17-103; Ch. 431, § I, 9-18-07)

Sec. 17-104. - Liability for costs, expenses and damages.#

All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner. The issuance of a building sewer permit shall be contingent upon the plumber or drainlayer indemnifying the city against any loss or damage that may be caused, directly or indirectly, by the installation of the building sewer and its proper function.

(Rev. Ords. 1987, § 17-104)

Sec. 17-105. - Separate building sewers required; exception.#

A separate and independent building sewer shall be provided for every building, except that when two or more buildings are so situated that a separate and independent building sewer for each building would involve practical difficulties and impose unnecessary hardships, the director of public works may authorize the connection of such buildings to the public sewer through a single building sewer, subject to such terms and conditions as to easement, design and construction as the director may require.

(Rev. Ords. 1987, § 17-105)

Sec. 17-106. - Excavations.#

(a)

All excavations required for the installation of a building sewer shall be open trench work, unless otherwise approved by the director. Pipe laying and backfill shall be performed in accordance with ASTM specification (C12-19), except that no backfill shall be placed until work has been inspected by competent authority.

(b)

All excavations for building sewer installations 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, and in accordance with any other ordinance, rule or regulation pertaining thereto.

(Rev. Ords. 1987, § 17-106)

Sec. 17-107. - Size and slope.#

(a)

The size and slope of the building sewer shall be subject to the approval of the director of public works, but in no event shall the diameter be less than four inches; and the slope of the six-inch pipe shall be not less than one-quarter inch per foot. Pipe larger than the minimum size specified in this article shall be used when and as the size of the structure, numbers and kinds of fixtures to be drained, and other conditions may make it necessary to provide proper drainage.

(b)

The installation of a clean-out at the property line is required on all new lateral installations. Construction of a clean-out must meet city specifications.

(Rev. Ords. 1987, § 17-107)

Sec. 17-108. - Elevation and grade; proximity to bearing wall; depth; changes in direction.#

Whenever possible the building sewer shall be brought to the building 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 a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.

(Rev. Ords. 1987, § 17-108)

Sec. 17-109. - Lift equipment.#

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such sewer shall be lifted by approved means and discharged to the building sewer at the owner's expense. The operation and maintenance of the lift equipment shall be the responsibility of the owner.

(Rev. Ords. 1987, § 17-109)

Sec. 17-110. - Specifications for materials.#

The building sewer shall be constructed of extra-strength vitrified clay, high-impact asbestos cement, PVC SDR 35 or equal, or cast-iron soil pipe. Joints shall be gasketed or leaded. Cement joints shall not be permitted.

(Rev. Ords. 1987, § 17-110)

Sec. 17-111. - Location of connection.#

The connection of the building sewer into the public sewer shall be made at the curb fitting, if provided, or the "Y" branch, if such branch is available at a suitable location. Where no "Y" branch is available, a cut-in or tap shall be made by the sewer division. Such connection shall be made at the location specified by the director of public works.

(Rev. Ords. 1987, § 17-111)

Sec. 17-112. - Notice of readiness for inspection.#

(a)

The applicant for the building sewer permit shall notify the director of public works when the building sewer is ready for inspection and connection to the public sewer. The director shall be notified not less than 48 hours in advance of the time any connection is to be made to any public sewer or drain of the city, or to any existing drain, pipe or similar structure connected thereto and discharging therein, or intended to be so connected and to so discharge, and such connection shall be made only in the presence of the director and according to his instructions.

(b)

The director shall be afforded all reasonable opportunity to oversee the construction of all parts of any sewer connected directly or indirectly, or intended to be so connected, to any public sewer or drain of the city, and to obtain and record the location and other pertinent facts with respect to such drain or sewer. This same requirement shall apply to repairs or alterations to sewers, drains or pipes discharging thereto.

(Rev. Ords. 1987, § 17-112)

Sec. 17-113. - Covering prior to inspection prohibited.#

No building sewer or connection to a public sewer shall be covered until it has been inspected by the director of public works and found to conform to the requirements of established standards in all respects and to be satisfactory as to the quality of the workmanship and materials.

(Rev. Ords. 1987, § 17-113)

Sec. 17-114. - Records of director.#

The director of public works shall keep a record of all connections made to public sewers under this article and all repairs and alterations made to sewers, building sewers connected to, or discharging into public sewers of the city or intended to so discharge. All persons concerned shall assist the director in securing data needed for such records.

(Rev. Ords. 1987, § 17-114)

Sec. 17-115. - Sealing of abandoned sewers.#

When any building or other structure previously served by a connection to any public sewer or drain is demolished, destroyed, abandoned or altered so that any drain or portion of an abandoned plumbing system which is directly or indirectly connected to any public sewer or drain is no longer used and is no longer connected to the drainage system of the building or structure, then the open end of such drain which discharges, directly or indirectly, into a public sewer or drain shall be promptly closed and sealed off so that no water or waste not otherwise permitted to enter the public sewer or drain shall be so discharged thereinto. The director of public works shall be notified of such abandonment or discontinuance and all sealing of building sewers shall be done by the sewer division personnel, to the satisfaction of the director.

(Rev. Ords. 1987, § 17-115)

Sec. 17-116. - Applicability of building and plumbing codes.#

The requirements of local building and plumbing codes shall be observed with respect to fixtures inside or immediately adjacent to buildings and within areas of jurisdiction of such several codes, subject only to the general requirements of this article. Pipe more than six feet outside the outer walls of any building or similar structure shall conform to the requirements of this article as to permits, materials and workmanship.

(Rev. Ords. 1987, § 17-116)

Secs. 17-117—17-130. - Reserved.#

DIVISION 3. - CONSTRUCTION STANDARDS#

Sec. 17-131. - Authorized persons generally.#

To ensure compliance with the provisions of this article and to facilitate the supervision of the construction, operation and repair of sewers and drains and the keeping of records thereof, no person other than those described in this article shall construct, repair, alter or remove any sewer, building sewer or drain connected to, or discharging directly or indirectly to, or in any public sewer or drain of the city or intended to discharge such at some future time, regardless of whether the work is located in a public street or in public or private land.

(Rev. Ords. 1987, § 17-131)

Sec. 17-132. - Enumeration of authorized persons.#

The following may, as indicated, construct, repair, alter or remove sewers and drains, subject to supervision and approval by the director of public works: (1)

Regular forces of the city or a contractor employed by the city operating under orders of the director and in the performance of work for the city;

(2)

Regular forces of the sewer division operating under the director, while engaged in the regular work and operations of the city;

(3)

Regular forces of any public utility corporation authorized by state law to construct, maintain and operate pipes or ducts within public highways within the city, while engaged in work incidental to the regular structures of the utility company, shall notify the director for his approval concerning any changes or repairs to be made;

(4)

Any person who shall have been duly licensed by the department of public works of the city to perform work of the type in question during the period provided in such license and when operating under and subject to the conditions of a permit for the particular job and issued therefor by the director;

(5)

Regular forces of the public works department of the city operating under orders of the director and in performance of work for the city.

(Rev. Ords. 1987, § 17-132)

Sec. 17-133. - Applicability of building and plumbing codes.#

The limitations as to persons who may construct, alter or repair sewers, drains and building sewers shall not restrict the usual work of plumbers or others when operating in accordance with the plumbing and building codes of the city. However, no plumber or other person shall make any connection to a public sewer or drain of the city without a permit therefor, even if the sewer or drain is located under or immediately adjacent to any building or similar structure, provided that all drains and fixtures within the building or structure and all use made of them shall conform to the requirements of this article as to what may and may not be permitted to be discharged into public sewers and drains.

(Rev. Ords. 1987, § 17-133)

Sec. 17-134. - Responsibility of contractor.#

Each contractor shall be responsible for the faithful performance of all work performed under the license or permits issued to him and for the conduct of all work and all materials furnished on work by his employees or agents. No work shall be sublet by a contractor under any permit issued under the license in any manner to divest the contractor of full control and responsibility for all parts of the work. Only competent workers shall be employed on work performed under such license and only suitable material conforming to the standards established by the director of public works shall be furnished or used on such work.

(Rev. Ords. 1987, § 17-134)

Sec. 17-135. - Permits required.#

No person, other than those working for and under the direction of the department of public works, shall make any excavation for or construct, install, lay, repair, alter or remove any sewer, drain, sewer connection, or appurtenance thereof, within the city, which sewer, drain, etc., is in any way connected to or discharges directly or indirectly to or into any public sewer or drain of the city, or is intended at some future time to be so connected or to so discharge, until such person shall have applied for and secured from the director of public works a permit for doing such work. Such permits may be issued only to those qualified to perform such work.

(Rev. Ords. 1987, § 17-135)

Sec. 17-136. - Application for permit.#

(a)

Every application for a permit shall be made in writing on forms to be provided by the director of public works for that purpose and shall be signed by the licensed contractor or other qualified person or party, or an authorized agent thereof.

(b)

The application shall state the location and ownership of the property to be served by the sewer or drain in question, the post office address of the property owner, a brief description of the work to be done, and it shall contain an agreement that the permittee will do the work in accordance with the local laws, ordinances, regulations and permits of the city as those local laws, etc., may apply to the particular location or work, and will save the city and others harmless from damages, loss, damage claims, etc., all in such form and detail as may be directed by the director in the form provided.

(c)

The director, in his discretion, may require as a prerequisite to the issuance of any permit that he be furnished evidence that:

(1)

Any and all necessary permits, etc., to open public streets, public or private grounds or property have been or will be issued;

(2)

The agent of the applicant is properly authorized to sign the application in question;

(3)

Devices or provisions exist to prevent the entry into public sewers or drains of any substances forbidden entry by this chapter; and

(4)

Any other information or proof pertinent to the particular job in question was submitted.

(Rev. Ords. 1987, § 17-136)

Sec. 17-137. - Issuance; nontransferability of permits.#

(a)

Each permit to construct, alter or repair any sewer, building sewer or drain under this article shall be issued only after an application, as provided in this division, has been made. The applicant may be required by the director of public works to state the limit of time within which the work will be performed and at the expiration of which the privileges for construction under the permit shall terminate.

(b)

Permits shall not be transferable or assignable by the permittee.

(Rev. Ords. 1987, § 17-137)

Sec. 17-138. - Records to be kept.#

All completed applications for permits and a record of work performed under every permit issued thereupon shall be kept as permanent records of the department of public works.

(Rev. Ords. 1987, § 17-138)

Sec. 17-139. - Suspension or revocation of licenses or permits.#

Should the director of public works find that any contractor has failed to conform to the requirements of this division and to the conditions of any permit issued thereunder, or that such contractor has not been faithful in the performance of work or furnishing of materials under his license, the director may suspend, cancel or revoke such license or permit, or he may extend the suspension of such license or permit for such period, or limit the activities of such contractor in such manner as may appear to be in the public interest. Suspension, cancellation or termination of a permit shall not entitle the permittee to any compensation or reimbursement from the city or its agents for any alleged loss or expense incurred thereby, and licenses and permits shall be issued only on this condition.

(Rev. Ords. 1987, § 17-139)

Secs. 17-140—17-150. - Reserved.#

DIVISION 4. - USE REGULATIONS#

Sec. 17-151. - Unsanitary disposal of excrement, garbage, etc.#

It shall be unlawful for any person to place, deposit or permit to be deposited in an 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.

(Rev. Ords. 1987, § 17-151)

Cross reference— Garbage and refuse, ch. 6.

Sec. 17-152. - Discharges to natural outlets.#

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sanitary sewage, industrial waste or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article and by a permit from the department of environmental management.

(Rev. Ords. 1987, § 17-152)

Sec. 17-153. - Connection to public sewer required.#

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the city and abutting on any street, alley or right-of-way in which there is now located or in the future may be located a public sanitary sewer in the city is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after the date of official notice to do so, provided that the public sewer is determined to be accessible and available by competent municipal authority.

(Rev. Ords. 1987, § 17-153)

Sec. 17-154. - Discharges to conform to type of sewer or drain.#

No person shall discharge into or put into any public sewer or drain of the city, or into any sewer, drain or fixture which thereafter discharges into any public sewer, drain or appurtenance thereof, any waste or substance other than such kinds or types of water or water-carried wastes for the conveyance of which the particular sewer, drain or appurtenance is intended, designed or provided.

(Rev. Ords. 1987, § 17-154)

Sec. 17-155. - Use of sanitary sewers generally.#

Except as specifically provided with reference to some particular sewer, sanitary sewers shall be used only for the conveyance and disposal of sanitary sewage, and for diluted, water-carried industrial wastes which are not objectionable as provided in this division. No sanitary sewer shall be used to receive and convey or dispose of any stormwater or surface water, subsoil drainage, any large continuous flow of water seeping into buildings or excavations from soils or other underground sources flows of natural springs or groundwaters, surplus from flowing wells, noncontact cooling water, the discharge from roofs, roof conductors, yard drains, street or highway drains. Discharges from floor drains are prohibited unless otherwise approved by the city.

(Rev. Ords. 1987, § 17-155)

Sec. 17-156. - Stormwater, unpolluted drainage, etc.#

Stormwater and all other unpolluted drainage shall be discharged in storm sewers, or to a natural outlet upon approval from DEM.

(Rev. Ords. 1987, § 17-156)

Sec. 17-157. - Determination of type of sewer.#

(a)

If the proceedings for the layout and construction of any particular sewer or for its acquisition by the city did not indicate what kind of sewer or drain it was to be or what wastes could or could not be discharged therein, the director of public works shall consider the pertinent facts and shall determine what kind of sewer or drain the sewer is to be considered for the application of the provisions of this article and what waste or wastewaters shall be permitted to be discharged thereinto or be excluded therefrom.

(b)

If wastes other than those for the conveyance of which a particular sewer was originally intended have been, at any time, discharged thereinto or conveyed thereby, that shall not constitute any amendment of the originally and formally expressed intended use for the sewer, unless the original designation shall have been amended by competent municipal authority.

(Rev. Ords. 1987, § 17-157)

Sec. 17-158. - Purpose and policy for uniform requirements for wastewater collection and treatment.#

(a)

Sections 17-158 through 17-167 set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city and enable the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403).

(b)

The objectives of these sections are:

(1)

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

(2)

To prevent the introduction of pollutants into the municipal wastewater system that 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 municipal wastewater system.

(c)

The sections mentioned in subsection (a) of this section provide for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorize monitoring and enforcement activities, require user reporting, assume that existing customer's flow will not be preempted, and provide for the setting of fees for the equitable distribution of costs resulting from the program established in this article.

(d)

The sections mentioned in subsection (a) of this section shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city publicly owned treatment works, hereinafter known as POTW. Except as otherwise provided in this article, the superintendent of the city POTW shall administer, implement, and enforce the provisions of these sections.

(Rev. Ords. 1987, § 17-158; Ch. 891, § I, 8-29-23)

Sec. 17-159. - General discharge prohibitions.#

(a)

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant to wastewater which will cause pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(b)

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

(1)

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or to be injurious in any other way to the POTW or to the operation of the POTW including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor shall any single reading be over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances with the city, and the state or EPA has notified the user is a fire hazard or a hazard to the system;

(2)

Solid or viscous substances that may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: Grease, fats and oils containing more than 100 ppm by weight, garbage with particles greater than one-half inch, or 1¼ centimeters, in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;

(3)

Any wastewater having a pH less than 6.0, or greater than 10.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW;

(4)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, wastes containing cadmium, copper, nickel, chromium, cyanide and mercury ions and any pollutant identified pursuant to section 307(a) of the Act;

(5)

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

(6)

Any substance that may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances control Act, or state criteria applicable to the sludge management method being used;

(7)

Any substance that will cause the POTW to violate its NPDES and/or R.I.P.D.E.S. permit or the receiving water quality standards;

(8)

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 R.I.P.D.E.S. permit;

(9)

Any wastewater having a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the point of introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit);

(10)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities, or flow during normal operation;

(11)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with the applicable state or federal regulations;

(12)

Any wastewater which causes a hazard to human life or creates a public nuisance or containing any medical or infectious wastes;

(13)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(14)

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

(15)

Trucked or hauled pollutants, except at discharge points designated by the superintendent in accordance with section 8-399;

(16)

Medical wastes, except as specifically authorized by the superintendent in a wastewater discharge permit;

(17)

Sludges, screens, or other residues from the pretreatment of industrial wastes;

(18)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent.

(c)

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

(Rev. Ords. 1987, § 17-159; Ch. 446, § VII, 8-12-97; Ch. 891, § I, 8-29-23)

Sec. 17-160. - Federal categorical pretreatment standards.#

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standards, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, section 403.12.

(Rev. Ords. 1987, § 17-160; Ch. 891, § I, 8-29-23)

Sec. 17-161. - Process wastewater discharge limitations.#

(a)

Significant industrial users and dischargers. All industrial users and dischargers subject to categorical pretreatment standards under 40 CFR chapter I, subchapter N, and all non-categorical dischargers that, in the opinion of the city, have a reasonable potential to adversely affect the POTW's operation, or that contribute 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, or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW, shall be subject to the following process wastewater discharge limitations.

_____

PROCESS WASTEWATER DISCHARGE LIMITATIONS PARAMETER UNITS MAX. ONE DAY CONCENTRATION MONTHLY AVERAGE CONCENTRATION

Total Cadmium mg/l 0.11 0.07

Total Chromium mg/l 2.77 1.71

Total Copper mg/l 3.38 2.07

Total Lead mg/l 0.69 0.43

Total Nickel mg/l 1.94 1.16

Total Silver mg/l 0.43 0.24

Total Zinc mg/l 2.61 1.48

Total Cyanide mg/l 1.2 0.65

Total Toxic Organics (TTO) mg/l 2.13 ———

Total Oil and Grease (O&G) mg/l 100 ———

Biochemical Oxygen Demand mg/l 500

Biochemical Oxygen Demand lb/day 30

Plastic Materials, Synthetic & Resins & Nonvulcanizable Elastomers (SIC 2831)

Biochemical Oxygen Demand Malt Beverages (SIC 2082) lb/day 300

Total Suspended Solids mg/l 1,000

Total Suspended Solids

Plastic Materials, Synthetic & Resins & Nonvulcanizable Elastomers (SIC 2831) mg/l 1,000

Total Suspended Solids

Malt Beverages (SIC 2082) lb/day 300

Total Process Flow gal/day * ———

(b)

Phase approach to pretreatment.

(1)

Existing sources at the request of the superintendent shall submit information describing the toxic load reductions achievable through implementation of best practicable technology (BPT) and installation of pretreatment facilities. This information will be used to develop permit conditions for each SIU discharging significant toxic loads, to minimize the impact to the POTW.

(2)

The city may characterize the residual toxic loads discharged to the POTW after BPT or pretreatment facilities have been incorporated by each SIU. If excessive toxic loads remain or increase due to future industrial activities, the city may require the installation of additional pretreatment facilities at existing sources discharging significant toxic loads.

(3)

New sources shall incorporate BPT prior to plant startup to minimize the introduction of toxic loads into the sewer system. If significant residual loads are expected after incorporation of BPT, the superintendent shall require the installation of pretreatment facilities prior to plant startup.

(Rev. Ords. 1987, § 17-161; Ch. 446, § VIII, 8-12-97; Ch. 891, § I, 8-29-23)

Sec. 17-162. - City's right of revision.#

The city reserves the right to have the superintendent establish other limitations or requirements on discharges to the wastewater disposal system, if deemed necessary to comply with the objectives presented in section 17-158.

(Rev. Ords. 1987, § 17-162; Ch. 891, § I, 8-29-23)

Sec. 17-163. - Excessive discharge.#

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 the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city or state.

(Rev. Ords. 1987, § 17-163; Ch. 891, § I, 8-29-23)

Sec. 17-164. - Accidental discharge/slug control plans.#

(a)

At least once every two years the superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the superintendent 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 nonroutine batch discharges;

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the superintendent of any accidental or slug discharges, as required by subsections (b), (c), and (d) of this section; 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 operation, control 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.

(b)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, any change at the facility that may result in a potential slug discharge, or a slug load, that may cause potential problem for the POTW, the user shall immediately telephone and notify the superintendent 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.

(c)

Within five days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the cause 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 article.

(d)

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 (b) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(Rev. Ords. 1987, § 17-164; Ch. 446, § IX, 8-12-97; Ch. 891, § I, 8-29-23)

Sec. 17-165. - Fees.#

(a)

It is the purpose of this section to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established in this article. The city may adopt charges and fees which may include:

(1)

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

(2)

Fees for monitoring, inspections 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;

(7)

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

(b)

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

(c)

Use fees:

(1)

Categorical electroplating/metal finishers:

<2,500 GPD $200.00 per year

2,500 to 10,000 GPD 400.00 per year

10,000 to 50,000 GPD 600.00 per year

(2)

Other significant non-categorical users:

<2,500 GPD $100.00 per year

2,500 to 10,000 GPD 300.00 per year

10,000 to 50,000 GPD 500.00 per year

(3)

Non-significant industrial users:

1st year $200.00

Every 3 years 200.00

(4)

Restaurant/food service:

<50 seats $100.00 per year

50 to 100 seats 200.00 per year

100 seats and/or drive-through 300.00 per year

(5)

Vehicle service/marinas:

1st year $200.00

Every 3 years 200.00

(6)

Dry cleaners/laundromat:

1st year $200.00

Every 3 years 200.00

(7)

Commercial users:

1st year $200.00

Every 3 years 200.00

(Rev. Ords. 1987, § 17-165; Ch. 265, § I, 8-19-03; Ch. 891, § I, 8-29-23)

Sec. 17-166. - Administration.#

(a)

Wastewater discharges. It shall be unlawful to discharge without a permit to any natural outlet within the city, and/or to the POTW, any wastewater except as authorized by the superintendent in accordance with the provisions of this article.

(b)

Wastewater contribution permits.

(1)

General permits. All users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of the ordinance from which this article was derived.

(2)

Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the city an application, in the form prescribed by the superintendent and accompanied by a fee. Existing users shall apply for a wastewater contribution permit within 60 days after February 1, 1982, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Identifying information including name, address, and location, (if different from the address);

Permits. The user shall submit a list of any environmental control permits held by or for the facility.

Description of operations including SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. Wastewater constituents and characteristics, including, but not limited to, those mentioned in section 17-159 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

Flow measurements including time and duration of contribution;

Average daily and three-minute-peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

Site plan, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation, description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

Measurements of pollutants and where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met;

Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment.

The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards;

The following conditions shall apply to this schedule:

The schedule shall contain increments of progress 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; e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.

No increment referred to in subsection (b)(2)i.1 of this section shall exceed nine months.

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

The compliance schedule shall not be a waiver of the user's noncompliance nor shall it protect the user from enforcement actions.

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

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

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

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

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this section. The city may also deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.

(3)

Permit modifications. Industrial users are required to notify the control authority/potw of any substantial change in the volume or character of pollutants discharged to the POTW and notify the POTW/EPA/State of any discharge of a substance which, if otherwise disposed of, would be hazardous waste. The permit maybe modified for good causes including, but not limited to, the following:

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

Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit.

A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the city's collection and treatment system, POTW personnel or the receiving waters.

Violation of any terms or conditions of the permit.

Misrepresentation of failure to disclose fully all relevant facts in the permit application or in any required reporting.

Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.

To correct typographical or other errors in the permit.

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

Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

(4)

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following unless specifically stated it is required, unless the permit is for a SIU in which case all referenced conditions are required:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on the average and maximum wastewater constituents and characteristics;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Compliance schedules;

Requirements for submission for technical reports of discharge reports (see subsection (c) of this section);

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereof;

Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents. Industrial users are required to control slug discharges through slug discharge control plans if determined to be required by the POTW;

Requirements for notification of slug discharges as per subsection 17-167(b);

Requirement for the development and the implementation of a toxic organic management plan;

Other conditions as deemed appropriate by the city to ensure compliance with this article;

Industrial user permits will include best management practices when required;

If sampling performed by an industrial user indicates a violation, the user shall notify the control authority 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 control authority within 30 days after becoming aware of the violation.

(5)

Permit duration. Permits shall be issued for a specified time period, 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 90 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 17-159 are modified 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.

(6)

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(c)

Reporting requirements for permittee.

(1)

Baseline monitoring reports. 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 user currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsections (b)(2)a through i 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 superintendent a report which contains the information listed in subsections (b)(2)a through i 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. Baseline monitoring reports will include all the information required by 40 CFR 403.12(b).

(2)

Periodic compliance reports:

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or in the case of a new source after commencement of the discharge into the POTW, shall submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge including average daily and maximum daily flow in gallons per day to the POTW from regulated process streams and other stream necessary to allow use of combined wastestream formula. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.

The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (c)(2)a of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent and analysis of the discharge, including the flow and the nature and concentration, or production of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with the procedures established by the administrator pursuant to section 304(g) of the Act and contained in 40 CFR, part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

(Comment: Where 40 CFR, part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or any other sampling and analytical procedures approved by the administrator.)

Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required, including documentation associated with best management practices and maintain these records for a minimum of three years.

If an industrial user subject to a periodic compliance reporting requirement monitors any regulated pollutant at the appropriate sampling location more frequently than requires by the control authority, the results of this monitoring shall be included in the report.

(3)

Report on compliance with categorical pretreatment standard deadline. 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 industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described above in section b.2.d, g and h. For industrial users subject to equivalent mass or concentration limits established by the control authority, this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to a categorical pretreatment standards expressed in terms 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.

(4)

Reporting requirements for industrial users not subject to categorical pretreatment standards. The control authority must require appropriate reporting from industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users must submit to the control authority at least once every six months (typically June and December) a description of the nature, concentration, and flows of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user may submit documentation required by the control authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR part 136. This sampling and analysis may be performed by the control authority in lieu of the significant non-categorical industrial user.

The above reports shall all contain the following certification statement and be signed by an authorized representative.

"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 evaluated 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 violation."

(d)

Monitoring facilities.

(1)

The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(2)

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(3)

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.

(e)

Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination, or in the performance of any of his duties. The city, EPA, and DEM shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would 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, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(f)

Pretreatment.

(1)

Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this 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.

(2)

The city shall annually publish in the Providence Journal newspaper a list of the users which were in significant noncompliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification may also summarize any enforcement actions taken against the user and during the same 12 months. Significant noncompliance exists if one or more of the following criteria is met.

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3.(l):

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

Any other violations of a pretreatment standard or requirement as defined by 40 cfr 403(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the potw determines has caused, alone or in combination with other discharges;

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance;

Any other violation or group of violations, which may include a violation of best management practices, which the potw determines will adversely affect the operation or implementation of the local pretreatment program.

(3)

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

(g)

Confidential information.

(1)

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(2)

When requested by the person furnishing a report, 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 this article, the national pollutant discharge elimination (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(Rev. Ords. 1987, § 17-166; Ch. 446, §§ X, XI, 8-12-97; Ch. 891, § I, 8-29-23)

Cross reference— Administration, ch. 2.

Sec. 17-167. - Enforcement response plan.#

(a)

The city shall provide for an enforcement response plan. The city shall adopt regulations for an enforcement response plan in the same manner provided for the adoption of ordinances in the Home Rule Charter. Such regulations shall be filed in the office of the director of public works.

(b)

In accordance with the enforcement response plan the following sanctions may be imposed for violations of the industrial pretreatment plan:

(1)

Penalties may be imposed of up to $25,000.00 per day per violation for each and every day during which a violation of the ordinance or regulation occurs either through judicial proceedings or administrative procedures established by ordinance or regulation;

(2)

Injunctive relief may be obtained for any violation;

(3)

Damages may be recovered for any noncompliance;

(4)

Reasonable attorneys' fees and costs incurred by seeking compliance, penalties or damages pursuant to this article may be obtained from the violator;

(5)

This article shall apply to both residents and nonresidents of the city if they are a user of the city's sewer system;

(6)

The enforcement response plan may include any other provisions consistent with state and federal pretreatment programs.

(Rev. Ords. 1987, § 17-167; Ch. 446, § XII, 8-12-97; Ch. 891, § I, 8-29-23)

Secs. 17-168—17-180. - Reserved.#

DIVISION 5. - ASSESSMENTS, RATES AND CHARGES#

Footnotes:

--- (5) --- State Law reference— Sewage charges, G.L. 1956, §§ 45-14-1—45-14-7.

Sec. 17-181. - Definitions.#

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

City water means a supply of water furnished by or under the direction of the city.

Owner means one or more persons, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

Sewage system means the sewers, sewage system and sewage treatment works of the city.

(Rev. Ords. 1987, § 17-181)

Cross reference— Definitions generally, § 1-2.

Sec. 17-182. - Imposed; exemptions generally.#

(a)

In accordance with the power and authority granted to cities and towns in G.L. 1956, § 45-14-1 et seq., regarding sewerage charges, there is hereby imposed a semi-annual sewer charge for the use of the sewage system upon all owners of property serviced by such sewage system at rates hereinafter set forth, except those owners using such for the disposal of sewage or other waste matter from any premises or building wherein the semi-annual consumption of water as shown by an approved type of meter in premises or buildings does not exceed 11,000 cubic feet per half year. The sewer charge made in the division, except as otherwise hereinafter provided, shall be assessed to the recorded owner of the property served by such sewage system. Such owner is deemed to be in control of such connections and the user, either actually or constructively, of such sewage system.

(b)

If any sewer-connected property is leased for a term of years and such lease is recorded and the owner of such property is not in control of the connection or connections with such sewage system or a user thereof, either actually or constructively, such owner may, if he does not wish the charge imposed in this division to be assessed against him, file with the director of public works, at least 30 days prior to January 1 of each year, a written notice signed by him setting forth the name and address of the lessee of such property who controls the use of the connection with such sewage system and uses such sewage system, either actually or constructively and a request for the discontinuance of such sewer service to the property unless such lessee or other user at such location prior to January 1 of each year files with the director of public works an application for sewer service at such location in accordance with any rules and regulations which the director of public works may promulgate in such cases. Whenever such an application for sewer service is filed by a lessee or other user, the director of public works may assess the charge imposed in this division upon such lessee or other user in accordance with any reasonable rules or regulations adopted by the director.

(Rev. Ords. 1987, § 17-182)

Sec. 17-183. - Charges to be based upon water consumption; rate.#

(a)

The sewer charge imposed in this section shall be based upon a fixed meter charge and the water consumption of the property served either by city water, their own private supplies or both, as measured on an approved type meter.

(b)

The fixed meter charge portion of the sewer charge shall be determined as follows:

Fixed Charge

Meter

Size FY2012

(Current) FY2013 FY2014 FY2015

⅝ $60.00 $60.00 $60.00 $60.00

¾ 100.00 100.00 100.00 100.00

1 150.00 150.00 150.00 150.00

1½ 300.00 300.00 300.00 300.00

2 450.00 450.00 450.00 450.00

3 980.00 980.00 980.00 980.00

4 1,660.00 1,660.00 1,660.00 1,660.00

6 3,440.00 3,440.00 3,440.00 3,440.00

8 4,950.00 4,950.00 4,950.00 4,950.00

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

(c)

Effective November 1, 2011, the water consumption portion of the sewer charge shall be at a rate of $7.78 per 100 cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2012, the rate per 100 cubic feet of water will increase to $8.64.

Effective November 1, 2013, the rate per 100 cubic feet of water will increase to $9.63.

Effective November 1, 2014, the rate per 100 cubic feet of water will increase to $10.74. Consumption Charge

FY2012

(current) FY2013 FY2014 FY2015

Dollar amount $7.78 $8.64 $9.63 $10.74

Nominal increase 0.86 0.99 1.11

Percentage increase 11.0% 11.5% 11.5%

The fixed meter charge and water consumption rate portions of the sewer charge may be adjusted as early as November 1, 2013, pursuant to the findings of a new waste water rate study that the city will commission as expeditiously as possible, but no later than 30 days after the passage of this section; to analyze additional sewer charge distribution options, including, but not limited to, split sewer charge based on residential, commercial or industrial usage class. Such sewer charge adjustments shall only be made if the new sewer charge schedule retains coverage required by indentures.

(d)

Any increase in the fixed meter charge, the rate per cubic foot, or any decrease in the exemption provided for herein must be approved by a vote of four members of the city council.

(e)

Any amount unpaid on the due date, after a seven (7) calendar day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

(f)

Any property using city water or using other than city water which makes use of a so-called "deduct" meter shall not be entitled to the 3,500 cubic foot exemption provided for herein.

(1)

The owner is to install and bear the associated costs of a deduct meter;

(2)

The deduct meter is to meet customary minimum standards as established by the city department of public works;

(3)

The deduct meter is to be installed by a licensed plumber;

(4)

The owner is to submit a certification by a licensed plumber to the city department of public works covering the date of meter installation; the type and specifications of the installed meter; location of the installed meter; and that the meter reads solely extraneous water use;

(5)

The owner is to submit a certification, permission and acknowledgment document to the city department of public works:

Guaranteeing access of unscheduled random meter inspections by authorized agents of the city department of public works; and

Agreement and understanding that sewer use credits will be granted only if all stated owner requirements for deduct meters are met and owner uses city department of public works provided reading cards in reading the deduct meter and submitting the readings to the city department of public works by a prescribed deadline.

(6)

The owner is to submit a certification by a licensed plumber at the ten-year anniversary date of deduct meter installation (and at ten-year intervals thereafter) that either:

A new meter has been installed; or

The meter has received major maintenance and recalibration.

(7)

For filling swimming pools, a property owner may be eligible for a one-time reduction of the sewer charge in the amount of $100.00. The owner is to submit a certification to the city department of public works which states the following:

Date of new pool installation (including submission of the approved building permit), or proof of pool repair (i.e., receipt from repair contractor) which necessitated the draining and refilling of the pool.

Pool must contain a minimum of 7,480 gallons (1,000 cubic feet) which is comparable to an 18-foot diameter above-ground pool, or greater.

That, when emptied, the pool water will not discharge into a city sewer.

Additional credit may not be applied for under the sewer abatement ordinance.

(g)

Upon written request of the property owner, an adjustment of an excessive sewer consumption charge of $250.00 or less may be approved by the director of public works and any requests above $250.00 may be approved by the city council sitting as the claims committee review and recommendation by the director of public works if the request meets all of the following conditions:

(1)

The property owner submits his or her written request within 90 days of any occurrence giving rise to a claim for excessive sewer consumption.

(2)

The excessive consumption must exceed the average of three prior years same period consumption at the property by 50 percent.

(3)

Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.

(4)

If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the director of public works. The average usage for the property will be determined by meter readings. This average will be compared to the period in question, to establish whether or not an adjustment is warranted.

(5)

If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:

Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two, plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.

(6)

The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.

(7)

The property owner shall not be more than 30 days delinquent on their water or sewer bill at the time of a request for a sewer charge abatement.

(8)

Any request for a sewer charge abatement caused in connection with water use associated with leaking toilets, faucets, or other internal fixtures where the water was discharged into the city's wastewater system will not be eligible for a sewer charge abatement.

(h)

On a quarterly basis, the director of public works shall provide to the mayor and the city council a written report stating the total amount of sewer charge abatements requested and the total amount approved by him/her pursuant to section 17-183(g).

(Rev. Ords. 1987, § 17-183; Ch. 47, § I, 1-5-99; Ch. 96, § I, 11-2-99; Ch. 250, § I, 4-15-03; Ch. 251, § I, 4-15-03; Ch. 283, § I, 10-21-03; Ch. 316, § I, 8-10-04; Ch. 369, § I, 11-1-05; Ch. 418, § I, 3-20-07; Ch. 468, § I, 11-5-08; Ch. 483, § I, 8-11-09; Ch. 503, § I, 5-4-10; Ch. 517, § I, 11-16-10; Ch. 518, § I, 11-16-10; Ch. 555, § 2, 4-26-12; Ch. 591, § I, 11-19-13; Ch. 687, § IV, 11-21-17; Ch. 740, §§ I, II, 7-16-19)

Cross reference— Water rates, § 17-36 et seq.

Sec. 17-184. - Property using city water.#

For property using city water, the sewer charge shall be based upon the actual registration of each water meter that measures the supply on each service connection.

(Rev. Ords. 1987, § 17-184)

Sec. 17-185. - Property using other than city water.#

(a)

For property using water all or part of which is from a source of service other than city water, there shall be a sewer charge which shall be measured by the quantity of water from the source other than city water which is discharged into the sewage system from such property.

(b)

The owner of each such property shall install, without cost to the city, a meter to measure the quantity of water received from other than the city's water system and discharged into the sewage system. No meter shall be installed or used for such purpose without first obtaining the approval of the director of public works as to its type and location.

(c)

In case a meter fails to register or has been removed for repairs, testing or other purposes during the billing period, the bill shall be based and issued on the rate of water consumption as shown by the latest semiannual, quarterly or monthly meter reading, whichever shall apply.

(d)

If the meter has not been returned to service, the bill shall be based and issued on the average daily rate of water consumption for the previous three-year period.

(Rev. Ords. 1987, § 17-185)

Sec. 17-186. - Water not discharged into city sewers.#

Whenever property upon which a sewer charge is hereby imposed uses city water, or water all or part of which is from a source other than city water, and part of the water so used is not discharged into the sewerage system of the city, the quantity of water so used and not discharged into the city's sewers shall be excluded in determining the sewer charge of such property, and the charge shall be based upon the quantity of sewage passing into the sewerage system of the city as measured by a meter or a device approved by the director of public works and installed by the owner without cost to the city.

(Rev. Ords. 1987, § 17-186)

Sec. 17-187. - Measuring devices.#

All meters or other measuring devices installed or required to be used under the provisions of this article shall be under the control and supervision of the director of public works. The owner of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes.

(Rev. Ords. 1987, § 17-187)

Sec. 17-188. - Director of finance to prepare and collect bills.#

The director of finance or his duly authorized agent is hereby charged with the duty of preparing and collecting all sewer charges.

(Rev. Ords. 1987, § 17-188)

Sec. 17-189. - Time and basis of payment.#

Sewer charges for property using city water shall be billed and shall become due and payable at the same time as city water bills are due and payable, and nonpayment by such date shall be deemed to be overdue and delinquent at the same time as city water bills are deemed to be overdue and delinquent. Such sewer charges for property using city water shall be based on water consumption during the same billing period as city water bills are based. Sewer charges for property using other than city water shall be due and payable annually in the month of February.

If any payment of water/sewer charges is made by check or electronic fund transfer (EFT) and said check is returned unpaid or said EFT is rejected and the city is assessed a fee from its bank for said bounced check/rejected EFT, a fee in the amount of $25.00 for a bounced check and a fee in the amount of $15.00 for a rejected EFT shall be due and owing by said taxpayer and said payment amount shall be added to the bill due and owing by the taxpayer.

(Rev. Ords. 1987, § 17-189; Ch. 649, § I, 4-19-16)

Sec. 17-190. - Apportionment.#

Whenever sewer service to any property begins after the first day or terminates before the last day of any billing period, the sewer charge for such property for such period shall be for that portion of the period during which such property is served, provided that in making such apportionment, a fraction of a month amounting to one-half or more of a month shall be counted a full month, and a fraction of a month amounting to less than one-half of a month shall be disregarded.

(Rev. Ords. 1987, § 17-190)

Sec. 17-191. - Liability of landowner; charge to be lien.#

Except as otherwise provided in section 17-166, the owner of a house, building, tenement or estate shall be liable for the payment of the sewer charge imposed in this division for the use of the sewage system. Such sewer charge shall be a lien upon such house, building, tenement and estate in the same way and manner as taxes assessed on real estate are liens and if not paid, shall be collected in the same manner that taxes assessed on real estate are by law collected.

(Rev. Ords. 1987, § 17-191)

Sec. 17-192. - Penalty for nonpayment.#

Failure to pay the sewer use charge by the due date shall result in shutting off the water service without regard to change of ownership or occupancy of such premises, and water shall not again be turned on until all sewer use charges due and payable and a service charge of $5.00 shall have been paid.

(Rev. Ords. 1987, § 17-192)

Sec. 17-193. - Rules and regulations.#

The director of finance and the director of public works shall make and enforce such rules and regulations as they may deem reasonably necessary for the collection of sewer charges and for the use of the sewage system, respectively.

(Rev. Ords. 1987, § 17-193)

Sec. 17-194. - Assessments.#

(a)

Required amount; computation. Whenever any sewer main shall be constructed, an assessment shall be made upon all estates abutting upon that portion of the street in which such sewer main shall be located at a rate of $5.75 for each front foot of such estates upon such streets, provided that where any estate is situated at the intersection of two streets or between two streets wherein such sewer mains are constructed, then 80 percent of the footage on that one of which such streets has the greater footage, shall be exempt from such assessment and if the footage is equal on both the streets, then 80 percent of the footage of either of the streets shall be exempt, except that in no case shall an exemption of more than 80 feet be allowed.

(b)

Procedure; payment. The director of public works shall make all assessments to be made under the authority of this article and shall make a report in writing to the city council of all such assessments, which assessments after being confirmed by the city council, shall be certified to the tax assessor by the city clerk, and the clerk shall also within ten days after such confirmation give notice to the owners of the estate so assessed of such assessment by advertisement in some public newspaper published in the city or in such other manner as the city council may direct. Whenever the sewer assessment, so certified, shall have been confirmed for at least 60 days, such assessments shall be effective and payable on December 15 next succeeding the aforesaid 60-day period. Unless the owner of any estate, within 30 days after the city clerk shall have given notice to the owners as specified, shall notify the city council in writing not to apportion the sewer assessment, the city council shall apportion it into ten equal parts and cause such apportionment to be certified to the assessor, and the assessor shall certify one of such parts to the tax collector for collection for each of the ten years next ensuing and shall add to each of such parts interest at the rate of four percent on the unpaid balance of the assessment beginning the second installment, provided that nothing in this section shall prevent any owner from paying in full the unpaid balance of the assessment plus the current interest. The sewer assessments shall be and remain a lien upon such land, shall draw interest from the time the bill for the first of the ten annual installments is sent out by the tax collector until the entire assessment shall have been paid and shall be collected in the same way as city taxes assessed upon land in the city.

(Rev. Ords. 1987, § 17-194)