Chapter 13.10 SEWER

(A) This chapter sets forth uniform requirements for all contributors into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act and the General Pretreatment Regulations (40 CFR Part 403).

(B) The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the publicly owned treatment works (POTW) which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge;

(2) To prevent the introduction of pollutants into the POTW which will pass through the treatment works or otherwise be incompatible with the system;

(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

(4) To provide for equitable distribution of the cost among users of the POTW;

(5) To provide for and promote the general health, safety and welfare of the citizens residing within the city and connecting jurisdictions;

(6) To enable the city to comply with its Indiana National Pollutant Discharge Permit System (NPDES) permit conditions, sewage sludge use and disposal requirements, and any other applicable federal or state laws or regulations to which the POTW is subject; and

(7) To prevent adverse impacts to worker health and safety due to the discharge of pollutants from industrial users. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.001; Code 1981 § 13.20.010.]

13.10.020 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Section 1251 et seq.

“Applicable pretreatment standard” means any pretreatment limit or prohibitive standard (federal, state and/or local) contained in this title and considered to be the most restrictive with which non-domestic users will be required to comply.

“Approval authority” means the state Director in an NPDES state with an approved state pretreatment program or the regional Administrator of the EPA in a non-NPDES state or an NPDES state without an approved state pretreatment program.

“Authorized representative of industrial user” means:

(1) If the industrial user is a corporation:

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

(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the industrial user is a partnership or sole proprietorship, respectively: a general partner or proprietor, respectively.

(3) If the industrial user is a federal, state or local government facility: a city or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.

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

“Average monthly discharge limitation” means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

“Average value” (“AV”) means the average square feet of impervious area as determined for a residential user. This number is 4,139 square feet.

“Beneficial uses” includes, but is not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible and intangible, as specified by state or federal law.

“Best management practice” (“BMP”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in AMC 13.10.160. BMPs are pretreatment standards. BMPs may include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“Biochemical oxygen demand” (“CBOD”) 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 mass per volume concentration (milligrams per liter) with procedures approved in 40 CFR Part 136, as amended.

“Categorical industrial user” means all industrial users subject to categorical pretreatment standards under 40 CFR Section 403.6 and 40 CFR Chapter I, Subchapter N.

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

“Chemical oxygen demand” (“COD”) means the measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.

“City” means the city of Angola, Indiana.

“Composite sample” means a representative flow-proportioned sample generally collected within a 24-hour period and combined according to flow. Time-proportional sampling may be approved or used by the city where time-proportional samples are believed representative of the discharge.

“Control manhole” is a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.

“Control point” is the point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.

Cooling Water.

(1) “Contact” means water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product.

(2) “Noncontact” means water used for cooling purposes which does not come in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.

“Daily maximum discharge limit” is the maximum allowable discharge of pollutant(s) during a calendar day that applies to specific industrial users. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in units of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

“Domestic sanitary waste” is wastewater from normal residential activities including, but not limited to, wastewater from kitchen, bath, and laundry facilities; or wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, noncommercial sinks and similar structures) of commercial, industrial or institutional buildings; provided, that the wastewater exhibits characteristics that are similar to those of wastewater from normal residential activities.

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

“Effluent” means the water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.

“Environmental Protection Agency” (“EPA”) means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other authorized official of the agency.

“Existing source” is any source of discharge, the construction or operation of which commenced prior to the publication 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 Clean Water Act.

“Fats, oil and grease” (“FOG”) is nonpetroleum organic polar compounds derived from animal or plant sources such as fats, nonhydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in 40 CFR Part 136.

“Garbage” means any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of food products or produce.

“Grab sample” means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time, for a period not to exceed 15 minutes.

“Ground garbage” means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in public sewers, with no particle being greater than one-half inch in dimension.

“Impervious surface area” (“ISA”) means the number of square feet of hard-surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions, including, but not limited to, roofs, roof extensions, patios, porches, driveways, parking lots, sidewalks, pavement, stone and gravel.

“Indirect discharge or discharge” is the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

“Industrial user” means any source of indirect discharge.

“Industrial waste or nondomestic waste” means any waste resulting from any process of industry, manufacturing, trade or business, from the development of any natural resource, or from any mixture of such waste with water or normal domestic wastewater, or distinct from normal domestic wastewater.

“Influent” means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.

“Instantaneous limit” means the maximum or minimum concentration or measurement of a pollutant property allowed to be discharged at any time. For pollutants, compliance is typically determined by use of a grab sample.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and

(2) Therefore is a cause of a violation of the city’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

“Local limits” means specific discharge limits and BMPs developed, applied, and enforced upon industrial users to implement the general and specific prohibitions listed in AMC 13.10.160. Local limits are pretreatment standards.

“Master plumber” means a licensed journeyman plumber or equivalent.

“National Pollutant Discharge Elimination System (“NPDES”) permit” is the state of Indiana program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into waters of the state pursuant to IC Title 13 et seq., as amended, and Section 402 of the Clean Water Act (33 USC Section 1342).

“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 to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

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

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

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

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(b) or (c) of this definition, 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:

(a) Begun or caused to begin as part of a continuous on-site construction program:

(i) Any placement, assembly, or installation of facilities or equipment; or

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

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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.

“Nondomestic user” means any industrial user.

“Outlet” means any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body of surface or groundwater.

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

“Person” means any and all persons, natural or artificial, including any individual, partnership, stock company, trust, estate, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity or their legal representatives, agents or assigns.

“pH” means the intensity of acid or base condition of a solution expressed as the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in moles per liter of solution and reported as standard units (SU).

“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical wastes, chemical wastes, corrosive substance, industrial wastes, biological materials, toxic substance, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, agricultural, untreatable waste, municipal wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, CBOD, COD, toxicity, odor) discharged into or with water.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means, except as prohibited by 40 CFR Part 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loading that might interfere with or otherwise be incompatible with the POTW. Where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR Section 403.6(e).

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

“Pretreatment standards, national pretreatment standards or standards” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. The term includes prohibitive discharge limits established pursuant to AMC 13.10.160 and includes specific prohibitions, local limits, and best management practices that are or may be established by the city. In cases of differing standards or regulations, the more stringent shall apply.

“Publicly owned treatment works” (“POTW”) means a treatment works as defined by Section 212 of the Act (33 USC Section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature and any sewers, pipes or other conveyances which convey wastewater to the treatment plant. The term also means the municipality having jurisdiction over the indirect discharges to and the discharges from the treatment works.

“Receiving stream” means the watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.

“Residential property unit” means a dwelling unit being a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

“Sanitary sewage” means sewage discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions and free from stormwater, surface water and industrial wastes.

“Service charge” means the basic assessment (based on water usage and strength) levied on all users of the public sewerage system for wastes which do not exceed in strength the concentration values above which a strength-of-wastes surcharge will be made.

“Sewage” means the water-carried wastes from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and stormwater as may be present.

“Sewage works” means all facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and wastewater treatment plant.

“Sewer” means a pipe or conduit for carrying sewage or other waste liquids.

(1) “Combined sewer” means a sewer which carries both storm, surface and groundwater runoff and sewage.

(2) “Public sewer” means a sewer in which all owners of abutting property have equal rights, and which is controlled by public authority.

(3) “Sanitary sewer” means a sewer which carries sewage and to which storm, surface and groundwaters and unpolluted industrial wastewaters are not intentionally admitted.

(4) “Storm sewer” means a sewer which carries storm, surface and groundwater drainage but excludes sewage.

“Sewer lateral” is the pipe or conduit that discharges wastewater from an individual building into a sewer main. The sewer lateral is composed of two portions:

(1) “Upper lateral” is the portion of the sewer lateral that starts at the building and extends to the edge of the right-of-way (ROW). See Figure 1.

(2) “Lower lateral” is the portion of the sewer lateral that starts at the edge of the right-of-way (ROW) and extends to the sewer main. The lower lateral includes the “y” or “t” connection to the sewer main. See Figure 1.

“Sewer main” is the pipe located wholly within the public street, public right-of-way or dedicated easement which attaches to and collects wastewater being discharged from one or more sewer laterals. See Figure 1.

Figure 1

“Sewerage system” means the network of sewers and appurtenances used for collecting, transporting and pumping sewage to the wastewater treatment plant.

“Significant industrial user” (“SIU”) means any industrial user which:

(1) Is subject to categorical pretreatment standards; or

(2) Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blow-down wastewater) to the POTW; or

(3) Contributes a process waste stream that makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(4) Is designated as a significant industrial user by the city on the basis that the industrial user has a reasonable potential to:

(a) Adversely affect the POTW’s operation; or

(b) For violating any pretreatment standard or pretreatment requirement.

“Significant noncompliance” means a significant industrial user that meets any of the following criteria or any industrial user that meets subsection (3), (4), or (8) of this definition shall be in significant noncompliance:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.

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

(3) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the public).

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

(5) 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.

(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

(7) Failure to accurately report noncompliance.

(8) 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.

“Sludge” means any solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under 33 USC Sections 1342 and 1345 and in the applicable requirements under 42 USC Sections 6921, 6924 and 6944 of the Solid Waste Disposal Act (SWDA), being 42 USC Section 6901 et seq.

“Slug discharge” or “slug load” is a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate this chapter, including a discharge which exceeds the hydraulic or design capacity of an industrial user’s treatment system or any part of the treatment unit.

“Standard industrial classification” (“SIC”) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

“Standard methods” means the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

“State” means the state of Indiana.

“Stormwater equivalent residential unit” (“ERU”) means the ISA divided by the AV. An ERU of one is assigned to each residential property unit.

ERU =	ISA
	AV

“Superintendent” means the Superintendent of the wastewater utility of the city, or their duly authorized representative, who is responsible for the day-to-day implementation and enforcement of this chapter.

“Surcharge” means a charge for sewerage services in addition to the basic service charge.

(1) “Strength-of-wastes surcharge” means the extra charges for sewerage service assessed customers whose sewage is of such a nature that it imposes upon the sewage works a burden greater than that covered by the basic service charge.

(2) “Waste surveillance charge” means a monthly charge collected from users qualifying as industrial-class users to defray the cost of evaluating customer’s waste by metering and laboratory devices and/or any other methods deemed necessary. The charges are set forth in AMC 13.10.420 and are subject to review annually as provided in AMC 13.10.410.

“Total suspended solids” means solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter with procedures approved in 40 CFR Part 136, as amended.

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307(a) of the Act (33 USC Section 1317(a)) or as otherwise listed at 40 CFR Part 122, Appendix D.

“Upset” means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with categorical pretreatment standards due to factors beyond the reasonable control of the industrial user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation of the facilities pursuant to 40 CFR Section 403.15.

“User” means any person that discharges, causes or permits the discharge of wastewater into the sewerage system.

“Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and other parameters, that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

“Wastewater treatment plant” means the arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.

“Watercourse” means a channel in which a flow of water occurs either continuously or intermittently. [Ord. 1598-2018; Ord. 1337-2010; Ord. 1182-2004; Ord. 1169-2004; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.002; Code 1981 § 13.20.020.]

13.10.030 Abbreviations.

As used in this chapter:

BMP	Best Management Practices
CBOD	Carbonaceous Biochemical Oxygen Demand
CFR	Code of Federal Regulations
COD	Chemical Oxygen Demand
EPA	U.S. Environmental Protection Agency
ERP	Enforcement Response Plan
FOG	Fats, Oils and Greases
gpd	Gallons per Day
mg/L	Milligrams per Liter
NPDES	National Pollutant Discharge Elimination System
O&M	Operation and Maintenance
pH	Alkalinity or Acidity of a Solution
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
SIU	Significant Industrial User
SNC	Significant Noncompliance
TSS	Total Suspended Solids
USC	United States Code

[Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.003; Code 1981 § 13.20.030.]

13.10.040 General sewer use regulations.

(A) Unsanitary Deposit of Objectionable Waste. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.

(B) Unlawful Discharge to Natural Outlet. It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(C) Septic Tank or Cesspool Construction. Except as hereinafter provided, it is unlawful to construct or maintain a septic tank, cesspool or seepage pit intended or used for the disposal of sewage.

(D) Toilet Facilities – Sewer Connection. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley, easement or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is required at his or her expense to install suitable toilet facilities, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so; provided, that the public sewer is within 300 feet (91.5 meters) of the property line. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.004; Code 1981 §§ 13.20.040 – 13.20.060.]

Statutory reference: Connections may be required, see IC 36-9-23-30.

13.10.050 Private sewage disposal.

(A) Required Where Sewer Unavailable. Where a public sanitary or combined sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of the plumbing code.

(B) Construction Permit – Application. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Board of Public Works. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the Board of Public Works. A permit and inspection fee of $25.00 shall be paid to the city at the time the application is filed.

(C) Construction Permit – Inspection. A permit for the construction of a private sewage disposal system shall not receive final approval until the installation is completed to the satisfaction of the Board of Public Works. The City Engineer shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Board of Public Works when the work is ready for final inspection, and before any underground portions are covered.

(D) Health Department Approval. The type, capacity, location and layout of a private sewage disposal system shall be approved by the county Health Department and comply with all recommendations of the state Board of Health.

(E) Connection to Available Public Sewer. At the time a public sewer becomes available to a property served by a private sewage disposal system, the city will apprise the affected property owner of this availability by certified mail. A direct connection shall then be made to the public sewer in compliance with this chapter, at the owner’s expense, within 90 days of the receipt of the notice. In addition, all septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with granular material which shall be run-of-the-bank sand and gravel reasonably free from frost, vegetable matter and large pieces of rock, or the material may consist of crushed rock screening.

(F) Sanitary Operation and Maintenance. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(G) Sewer Lift Stations.

(1) No sewer lift station which has been installed by a developer or property owner shall be accepted by the city for maintenance by the city unless the lift station shall conform to specifications and regulations then on file in the office of the City Engineer.

(2) The Board of Public Works and Safety may from time to time alter or amend the specifications and regulations regarding such lift stations, and such changes shall be effective as the Board shall direct. [Ord. 1598-2018; Ord. 794, 1990. Code 2000 § 51.005; Code 1981 §§ 13.20.080 – 13.20.135.]

13.10.055 Private sewer/sewerage system.

(A) This section does not apply to any one-family or two-family dwellings with owner-maintained pump stations.

(B) Construction, enlargement, modification or improvement of a private sewerage system shall not be permitted until the property owner has obtained a written permit, signed by the City Engineer. The request for such permit shall be made to the city, and the applicant shall provide any plans, specifications and other information as are deemed necessary by the Superintendent or City Engineer.

(C) Prior to final approval and discharge, certification that all sewer (sanitary and storm) lines are constructed in accordance with city design standards and, to preclude any infiltration or exfiltration, shall be furnished to the city. A closed-circuit television (CCTV) inspection of all private wastewater collection systems shall be performed prior to releasing the system for use. The owner of the system shall provide a copy of the CCTV logs and recording of the inspection to the city for review and approval. The CCTV inspection and subsequent submittals to the city shall be done at the sole expense of the owner. The owner shall make all necessary repairs to the private wastewater collection system at their expense.

(D) The property owner shall operate and maintain the private sewerage system in a sanitary and effective manner at all times, at no expense to the city. Private sewerage systems shall be maintained so as to preclude the entrance of any infiltration and inflow. Should it be determined by the city that infiltration/inflow is entering the public sewer from a private wastewater collection system, the property owner shall be responsible for determining the cause(s) and for making all necessary repairs to the system as required.

(E) The owner of a private sewerage system shall be responsible for notifying the city and the Indiana Department of Environmental Management in the event that a sewage overflow or spill occurs within the owner’s system. Notification shall be made within 24 hours of the owner becoming aware of the spill or overflow. All spills and overflows shall be reported in accordance to 327 IAC 2-6, Spills, Reporting, Containment and Response. The owner shall take whatever measures are necessary to protect the public health and the environment from contamination as a result of a sewage overflow. The owner shall clean up overflows or spills as soon as possible after their discovery.

(F) In addition, for those private sewerage systems utilizing a sanitary sewer lift station, the following shall apply:

(1) All operation, maintenance, and repair of private lift stations and pumping facilities shall be done by a reputable person or firm experienced in the operation, maintenance and repair of such facilities. Upon demand, property owner shall furnish such proof, as the city deems necessary, to demonstrate that the person or firm is fully qualified to perform the aforementioned tasks. The city shall have the right to inspect all private wastewater collection systems and appurtenances, and to cause discontinuance of sewer service if the private sewerage system is not maintained in a sanitary and effective operating condition or if the public sewer facilities may be harmed thereby.

(2) A sign shall be posted on or adjacent to the lift station site, preferably on the front of the control panel. The sign shall be no smaller than 24 inches tall by 30 inches wide and shall be of white background with red letters. The letters shall be of a size legible from a distance of 30 feet. At a minimum, the sign shall state the following:

(a) “Private Sanitary Sewer Lift Station”;

(b) “Owned by”:

(i) Owner/business name;

(ii) Full address, business;

(iii) Phone number; and

(3) In the event ownership of the private lift station changes, or the 24-hour contact information changes, the owner shall notify the city of the new contact information and shall update the sign with the corrected information no later than 30 days after change occurs. [Ord. 1598-2018.]

Penalty: See AMC 13.10.610.

Article II. Connections and Building Sewers

13.10.060 Tap permit and payment of obligations.

(A) No owner or occupant of any real property shall tap or drain either directly or indirectly into any public sewer until a sewer tap permit has been obtained and until he or she has satisfied his or her obligation to pay all assessments, reimbursements or pro rata shares of sewer extension costs laid against that property for public sewers installed to serve it. A tap permit given in error or sewerage service charges billed to a property in error shall not operate to nullify any such obligation that has been duly recorded.

(B) The Board of Public Works shall have the authority to require an owner of real property to disconnect from a building sewer which drains into a sanitary sewer any downspout, yard drains or other drains which carry the runoff of natural precipitation. Property owners shall have 30 days after notice to comply with any requirements.

(C) No person shall make or allow any connection of roof downspout, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a lateral or building drain which in turn is connected directly or indirectly to a public sanitary or combined sewer.

(D) No person shall construct any new combined sewers. At any time wherein there is no existing separate storm sewer available, there shall be two distinct sewers installed from any building to facilitate disconnection of the storm sewer from the combined sewer at such time as a separate storm sewer may become available. [Ord. 1598-2018; Ord. 822, 1992; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.020; Code 1981 § 13.20.140.]

Penalty: See AMC 13.10.610.

13.10.070 Proper design and connection required.

(A) The Board of Public Works shall prohibit any new connections from inflow sources into the sanitary sewer portions of the sewerage system and shall ensure that new sewers and connections to the sanitary sewers are properly designed and connected. The Board of Public Works shall have the authority to require an owner of real property to disconnect from a building sewer which drains into a sanitary sewer any downspout, yard drains or other drains which carry the runoff of natural precipitation. Property owners shall have 30 days after notice to comply with any requirements.

(B) Except as otherwise provided in this section, each separate building shall be connected to the sewerage system with an individual lateral and connection at the sewer main. The exceptions are:

(1) Multiple Buildings under Common Ownership. One or more buildings located on property owned by the same owner may be serviced by the same lateral if the city determines that it is unlikely that ownership of the property can or will be divided in the future. However, if for any reason the ownership of the property is subsequently divided, each building under separate ownership shall be provided with a separate lateral and connection to the sewerage system. Connection fees, permits and installation costs shall be the responsibility of the owner.

(2) Residential Occupancies with Common Walls. Single-family residential units with common walls, condominiums, stock cooperatives, community apartments or other similar improvements which entitle owners of interests therein to occupy independent ownership interests and make joint use of utility and other services which may be provided by facilities owned in common may be permitted to maintain a common lateral. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.021; Code 1981 § 13.20.150.]

Penalty: See AMC 13.10.610.

13.10.080 Extensions outside city limits.

(A) The installation, construction or extension of sewers by the city outside the corporate limits of the city and the connection or extension of sewers into the city’s sewerage system from, by or for properties located outside such limits shall be prohibited, except upon prior approval by the Common Council of the city.

(B) Notwithstanding the provisions of subsection (A) of this section, the Board of Public Works of the city shall have the authority to permit a property located outside the corporate limits of the city to connect to an existing sewer which is part of the city’s sewerage system, provided the property abuts, adjoins and is immediately contiguous to the street, alley or easement in which the sewer is located and provided the property owner or occupant has complied with the conditions set out in AMC 13.10.060. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.022; Code 1981 §§ 13.20.160 and 13.20.170.]

Penalty: See AMC 13.10.610.

13.10.090 Building sewer permits.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance without first obtaining a permit from the City Engineer or Building Commissioner. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City Engineer, Superintendent or Building Commissioner. [Ord. 1598-2018; Ord. 1088-2002; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.023.]

Penalty: See AMC 13.10.610.

13.10.100 Costs borne by owner – Indemnification of city.

All costs and expenses incident to the installation, connection, operation, repair, renovation, replacement, disconnection, reconnection or relocation of the lateral, including cleanouts, backflow protection devices, pump or other appurtenances of the building sewer shall be borne by the owner. The owner shall indemnify the city for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.024; Code 1981 § 13.20.200.]

13.10.105 Proper operation and maintenance required.

(A) For the purpose of this section:

(1) “Operation” refers to what is in the lateral: for example, sewage, trash, grit, debris, tree roots, groundwater, etc.

(2) “Maintenance” refers to the physical condition of the lateral.

(B) The property owner is responsible for the operation and maintenance of the upper lateral, and the operation of the lower lateral. The city shall be responsible for the maintenance of the lower lateral when it has been positively identified that the lower lateral is structurally defective.

(C) Lateral Defect – Procedure to Determine Cause of Blockage and Remedy. Upon notification that a lateral defect is causing a backup on private property, the city shall initiate an investigation of the problem. The property owner shall be required to provide video footage showing the entire lateral, from the building foundation to the main. In the event the lateral cannot be visually inspected due to defects in the upper lateral, the property owner shall clean and/or repair, as necessary, to allow inspection of the lateral. If video inspection documents structural failure of the lower lateral, the city shall complete repairs as needed. Additionally, upon inspection of the lateral, the city may require that the property owner:

(1) Repair upper lateral defects on private property;

(2) Remove all identified sources of stormwater from the sewer lateral;

(3) Install a cleanout at the edge of the right-of-way to provide future access for visual inspection to the lower lateral. [Ord. 1598-2018.]

13.10.110 Existing building sewers used with new buildings.

(A) In the event of site demolition and/or reconstruction, the old lateral(s) may be used in connection with new building(s) upon approval of the City Engineer or Superintendent.

(B) Owner shall be required to provide video footage showing the entire lateral proposed to be reused, from the building foundation to the main, as applicable. In the event the lateral cannot be visually inspected due to defects in the upper lateral, the property owner shall clean and/or repair, as necessary, to allow inspection of the lateral. If video inspection documents structural failure of the lower lateral, the city shall complete repairs as needed. Additionally, upon inspection of the lateral, the city may require that the property owner:

(1) Repair upper lateral defects on private property;

(2) Remove all identified sources of stormwater from the sewer lateral;

(3) Install a cleanout at the edge of the right-of-way to provide future access for visual inspection to the lower lateral.

(C) In the event the lateral is not suitable, the property owner shall be responsible for properly abandoning the defective lateral and installing the lateral(s) needed to adequately serve the site. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.025; Code 1981 § 13.20.210.]

Penalty: See AMC 13.10.610.

13.10.120 Conformance with building and plumbing regulations.

The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building code and plumbing code and other applicable rules and regulations of the city. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.026; Code 1981 § 13.20.220.]

Penalty: See AMC 13.10.610.

13.10.130 Elevation of building entry.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.027; Code 1981 § 13.20.230.]

Article III. Industrial Sewers

13.10.140 Applicability.

(A) The provisions of this chapter provide for the regulation of indirect discharges to the POTW. The provisions herein shall apply to industrial users of the POTW and to persons outside the POTW who are, by contract or agreement with the POTW, industrial users of the POTW.

(B) Nondomestic Industrial Users. It shall be unlawful for any industrial user to discharge any domestic or nondomestic wastewater into any natural waterway, any surface drainage, or in any area under the jurisdiction of the city. No industrial wastewater shall be discharged to the POTW unless done so in compliance with the provisions of this chapter.

(C) Categorical Pretreatment Standards. Categorical pretreatment standards as promulgated by the EPA pursuant to the Act shall be met by all dischargers regulated under such standards unless the POTW allows for the application of a removal credit allowance as defined at 40 CFR Section 403.7.

(D) State Requirements. State requirements and limitations on discharges apply in any case where they are more stringent than federal requirements or those contained in this chapter. [Ord. 1598-2018; Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.040; Code 1981 § 13.24.210.]

Penalty: See AMC 13.10.610.

13.10.150 Authority and other jurisdictions.

(A) Responsibility of the City.

(1) Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other city personnel.

(2) The city shall attempt to notify in writing any industrial user whom he/she has cause to believe is subject to a categorical pretreatment standard or requirement, or other applicable requirements promulgated by the EPA under the provisions of Section 204(b) or 405 of the Act, or under the provisions of Section 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the city to so notify industrial users shall not relieve said industrial users from the responsibility of complying with applicable requirements. It is the responsibility of the significant industrial user to apply for and receive a permit prior to discharge, whether the industrial user has been identified and formally requested to do so.

(3) If wastewaters containing any pollutant, including excess flow, or as otherwise defined in this chapter, are discharged or proposed to be discharged to the POTW, the city may take any action necessary to:

(a) Prohibit the discharge of such wastewater;

(b) Require an industrial user to demonstrate that in-plant facility modifications will reduce or eliminate the discharge of such substances in conformity with this chapter;

(c) Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the potential for a discharge to violate this chapter;

(d) Require the industrial user making, causing or allowing the discharge to pay any additional cost or expense incurred by the city for handling, treating, disposing or remediation costs because of wastes discharged to the wastewater treatment system;

(e) Require the industrial user to apply for and obtain a permit;

(f) Require timely and factual reports from the industrial user responsible for such discharge; or

(g) Take such other action as may be necessary to meet the objectives of this chapter.

(B) Additional City Authorities. In addition to the overall authority to control the discharge of wastewater to the POTW, the city shall have the following authorities:

(1) Take enforcement and issue fines and penalties for violations of this chapter, including the failure of an industrial user to apply for a permit.

(2) Endangerment to Health or Welfare of the Community. The city, through other than a formal notice to the affected industrial user, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the city, any area under jurisdiction of the city, the POTW of the city or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.

(3) Endangerment to Environment or Treatment Works. The city, after written notice to the discharger, may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the city, any area under jurisdiction of the city, the POTW, or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.

(4) The discharges referred to above may be halted or prevented without regard to the compliance of the discharge with other provisions of this chapter.

(1) In order for the city to effectively implement and enforce pretreatment standards and requirements for all industrial users discharging to the POTW and as required by 40 CFR Section 403.8(f), the city shall enter into intergovernmental agreements (IGA) with contributing jurisdictions. Prior agreements shall be unaffected by these requirements until the city determines that modifications are necessary.

(2) Prior to entering an IGA, the city shall be provided the following information from the contributing jurisdiction:

(a) A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;

(b) An inventory of all sources of indirect discharge located within the contributing jurisdiction that are discharging to the POTW; and

(3) The IGA may contain the following conditions:

(a) A requirement for the contributing jurisdiction to adopt a sewer use ordinance or rules which specifically require that all nondomestic users shall be under the jurisdiction of this chapter for the purposes of implementation and enforcement of pretreatment standards and requirements;

(b) A requirement for the contributing jurisdiction to submit an updated user inventory on at least an annual basis;

(c) A provision specifying that the city shall be delegated full responsibility for implementation and enforcement of the pretreatment program unless otherwise agreed to and specified in the IGA;

(d) A requirement for the contributing jurisdiction to provide the city with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from nondomestic users;

(e) Requirements for monitoring the contributing jurisdiction’s discharge; and

(f) A provision specifying remedies available for breach of the terms of the IGA. [Ord. 1598-2018; Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.041; Code 1981 §§ 13.24.030 – 13.24.050.]

Penalty: See AMC 13.10.610.

13.10.160 Prohibited discharges.

(A) General Prohibitions. An industrial user may not introduce into a POTW any pollutant(s) which cause pass through or interference. These general prohibitions and the specific prohibitions in subsection (B) of this section apply to each industrial user introducing pollutants into a POTW whether or not the industrial user is subject to other pretreatment standards or requirements.

(B) Specific Prohibitions. It shall be unlawful for any industrial user to discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system of the city any wastewater which contains the following:

(1) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the approval authority, upon request of the POTW, approves alternate temperature limits.

(2) Waters or wastes containing free or floating oil and grease, or any discharge containing animal fat or grease by-product in excess of 100 mg/L unless the industrial user has installed treatment as required by the city.

(3) Pollutants which create a fire or explosion hazard in the POTW. More specifically, no industrial user shall discharge any waste stream with a closed cup flash point of less than 60 degrees Celsius (140 degrees Fahrenheit) using the test methods specified in 40 CFR Section 261.21. The Superintendent may require industrial users with the potential to discharge flammable, combustible or explosive substances to install and maintain an approved combustible gas detection meter or explosion hazard meter. No two successive readings on an explosion hazard meter at the point of discharge shall be more than five percent, nor any one reading more than 10 percent, of the lower explosive limit (LEL) of the meter.

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

(5) Garbage that has not been properly ground.

(6) Ashes, cinders, sand, mud, straw, shavings, wood, metal, glass, rags, feathers, tar, plastics, paunch manure, butchers’ offal or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system or the wastewater treatment plant.

(7) Waters or wastes having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or posing hazards to the structures, equipment or personnel of the sewage works.

(8) Solid or viscous substances which may cause obstruction in the sewage system or otherwise cause interference to the POTW.

(9) Any radioactive wastes or isotopes of such a half-life or concentration that they do not comply with limits established by the city or other regulations set forth by the Indiana Department of Environmental Management, State of Indiana or that violates any federal standards.

(10) Any pollutant, including oxygen demanding pollutants (CBOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause pass through or interference with the POTW.

(11) Any waters or wastes containing suspended solids of such character and quantity that unusual provision, attention or expense would be required to handle such materials at the wastewater treatment plant, its pumping stations or other facilities.

(12) Stormwater drainage from ground resulting in infiltration and inflow (I&I) through the industrial user’s service line(s), surface, roof drains, catch basins, unroofed area drains (e.g., commercial car washing facilities) or any other source unless otherwise approved by the Superintendent. Specifically prohibited is the connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the city’s wastewater collection system. No person shall connect or discharge water from underground drains, sump pump discharges, natural springs and seeps, water accumulated in excavation or grading or any other water associated with construction activities.

(13) A slug discharge as defined in AMC 13.10.020.

(14) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(15) Trucked or hauled pollutants except as authorized by the Superintendent and only at discharge points designated by the Superintendent.

(16) Any pollutant directly into a manhole or other opening in the POTW unless specifically authorized by the city or as otherwise permitted under this chapter. Prohibited is the opening of a manhole or discharging into any opening in violation of this chapter.

(17) Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

(18) Any water or waste which contains grease or oil or any other substances that will solidify or become discernibly viscous at temperatures between 32 degrees Fahrenheit (zero degrees Celsius) and 150 degrees Fahrenheit (65.5 degrees Celsius).

(19) Any wastes containing detergents, surface-active agents, or other substances in concentrations which cause excessive foaming in the POTW or cause or contribute to interference or pass through.

(20) Any water contaminated as a result of discharge from aboveground and/or underground gasoline, diesel fuels, fuel oil, kerosene, jet fuel tanks, tank accessories, and/or pipelines without applying for and obtaining a permit prior to discharge.

(21) Any pollutant or wastewater containing pollutants with UV (254 nm) absorbing substances which causes interference with UV disinfection at the treatment plant.

(C) Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW except as authorized by an industrial user permit and/or this chapter. If the industrial user has a pretreatment facility, all floor drains located in process or materials storage areas must discharge to the industrial user’s pretreatment facility or to sumps or tanks that do not have the potential for a discharge to the POTW before connecting with the POTW. The city may require other industrial users to contain or collect wastewater from floor drains to protect the POTW and meet the objectives of this chapter.

(D) Specific Discharge Limitations. It shall be unlawful for any significant industrial user or other permitted nonsignificant industrial user to discharge, deposit, cause, or allow to be discharged any waste or wastewater which fails to comply with the limitations imposed by this section.

(1) Dilution is prohibited as a substitute for treatment and shall be a violation of this chapter. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The city may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate.

(2) No significant industrial user or other permitted nonsignificant industrial user shall discharge wastewater that exceeds the following limits:

MAXIMUM CONTRIBUTION ¹
Pollutant	Symbol	Daily Maximum mg/L
Arsenic	As	0.10
Barium	Ba	2.00
Cadmium	Cd	0.20
Chromium	Cr	3.00
Chromium(III)	Cr(III)	2.00
Chromium(VI)	Cr(VI)	1.00
Copper	Cu	2.00
Cyanide	CN	1.00
Iron	Fe	5.00
Lead	Pb	0.02
Manganese	Mn	0.40
Mercury	Hg	0.01
Molybdenum	Mo	0.10²
Nickel	Ni	2.00
Phenol	–	1.00
Phosphate	PO4	10.00
Selenium	Se	0.02
Silver	Ag	0.20
Sulfide (as S)	S	10.00
Tin	Sn	2.00
Zinc	Zn	2.00

¹ All pollutants shown in the table are total.

² The concentration-based limit for molybdenum shall apply to all industrial dischargers where non-molybdenum-based substitutes or alternatives are available. For those industries where molybdenum containing chemicals are not used but have molybdenum in their waste stream as a by-product of a finishing process and the concentration-based limit is unachievable, the Wastewater Superintendent may impose an industry specific mass-based limit that at no time shall exceed 0.08 lbs./day of molybdenum.

(3) Categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated by reference. All industrial users subject to a categorical pretreatment standard shall comply with all requirements of such standard and shall also comply with any limitations contained in this chapter. Where the same pollutant is limited by more than one pretreatment standard, the limitations which are more stringent shall prevail. Compliance with categorical pretreatment standards shall be the time frame specified in the applicable categorical pretreatment standard.

(4) The city may establish more stringent pollutant limits, additional site-specific pollutant limits, best management practices, or additional pretreatment requirements when, in the judgment of the city, such limitations are necessary to implement the provisions of this chapter. [Ord. 1702-2022 § 1; Ord. 1598-2018; Ord. 1010-2000; Ord. 1000-2000; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.042; Code 1981 § 13.24.010.]

Penalty: See AMC 13.10.610.

13.10.162 Change in discharge or operations.

(A) Every significant industrial user shall file a notification with the city a minimum of 14 days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than 20 percent in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:

(1) Adding or removing processing, manufacturing or other production operations.

(2) New substances used which may be discharged.

(3) Changes in the listed or characteristic hazardous waste for which the industrial user has submitted or is required to submit information to the city under this chapter and 40 CFR Section 403.12(p), as amended. [Ord. 1598-2018.]

Penalty: See AMC 13.10.610.

13.10.165 Notification of discharge of hazardous waste.

(A) Any industrial user shall notify the city, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification to the city shall be made within the appropriate time frames specified in applicable paragraphs of AMC 13.10.190(E). Such notification must include:

(1) The name of the hazardous waste as set forth at 40 CFR Part 261;

(2) The EPA hazardous waste number;

(3) The type of discharge (continuous, batch, or other);

(4) An identification of the hazardous constituents contained in the wastes;

(5) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month;

(6) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months;

(7) Certification that the industrial user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical; and

(8) Signatory certification as required by AMC 13.10.300(G).

(B) Any industrial user shall notify the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 and meets the reporting criteria specified at 40 CFR Section 403.12(p). Notification to the state and EPA is the responsibility of the industrial user and shall be made as required under 40 CFR Section 403.12(p). The industrial user shall copy the city on all notifications made to the state and EPA.

(C) In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user must notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(D) This provision does not create a right to discharge any substance not otherwise allowed to be discharged by this chapter, a permit issued hereunder, or any applicable federal or state law. [Ord. 1598-2018.]

Penalty: See AMC 13.10.610.

13.10.170 Right of city to refuse connection.

The city reserves the right to refuse connection to any prospective user in the event the sewage requirements of the user, in the judgment of the Board of Public Works, could impose an excessive burden on the utility. The city further reserves the right, in the event of an emergency, to restrict the allowable discharge received from any or all large system users during the time of such emergency. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.043; Code 1981 § 13.24.020.]

13.10.180 Dilution prohibited.

No discharger is allowed to increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with applicable standards. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.044; Code 1981 § 13.24.060.]

Penalty: See AMC 13.10.610.

13.10.190 Accidental discharges – Slug/spill plan.

(A) Each industrial user shall provide protection from accidental discharge and slug loads of pollutants regulated under this chapter. Facilities to prevent the discharge of spills or slug loads shall be provided and maintained at the industrial user’s expense.

(B) The city shall evaluate whether each significant industrial user needs a spill prevention and control plan or other action to control spills and slug discharges. The city may require an industrial user to develop, submit for approval, and implement a spill prevention and control plan or take such other action that may be necessary to control spills and slug discharges.

(1) Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;

(2) Description of contents and volumes of any process tanks;

(3) Description of discharge practices, including nonroutine batch discharges;

(4) Listing of stored chemicals, including location and volumes;

(5) Procedures for immediately notifying the city of any spill or slug discharge. It is the responsibility of the industrial user to comply with the reporting requirements in subsection (E) of this section;

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

(7) Any other information as required by the city.

(D) Notice to Employees. A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees who to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.

(E) Reports of Potential Problems – Slug and Spills.

(1) In the case of any discharge, including, but not limited to, spills, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or a discharge that may cause potential problems for the POTW, the industrial user shall immediately telephone and notify the city of the incident. This notification shall include:

(a) Name of the facility;

(b) Location of the facility;

(d) Date and time of discharge;

(e) Date and time discharge was halted;

(f) Location of the discharge;

(g) Estimated volume of discharge;

(h) Estimated concentration of pollutants in discharge;

(i) Corrective actions taken to halt the discharge;

(j) Method of disposal if applicable.

(F) Within five working days following such discharge, the industrial user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which might 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 industrial user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.045; Code 1981 § 13.24.070.]

Penalty: See AMC 13.10.610.

13.10.200 Responsibility for obstructing or damaging sewers.

If a public sewer becomes obstructed or damaged because any of the aforementioned substances were improperly discharged, the person or persons responsible for such discharge shall be billed and shall pay for the expenses incurred by the city in cleaning out, repairing or rebuilding the sewer. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.046; Code 1981 § 13.24.080.]

13.10.210 Special agreements.

(A) No statement contained in this chapter shall be construed as prohibiting special written agreement(s) between the city and any industrial user allowing industrial waste of unusual strength or character to be admitted to the POTW system, provided the industrial user compensates the city for any additional costs of treatment. The city may execute an agreement to exceed the specific limitations contained in AMC 13.10.160(D) if the city finds that:

(1) Acceptance of the discharge does not adversely affect the wastewater utility nor cause violation of the city’s NPDES permit, cause a violation of the general and specific prohibitions specified in AMC 13.10.160(A) and (B), does not cause the city to exceed its approved maximum allowable industrial loading (MAIL) or applicable federal and state laws; and

(2) The agreement does not waive compliance with categorical pretreatment standards. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.047; Code 1981 § 13.24.090.]

13.10.220 Exclusion of certain wastes – Prior approval for certain wastes.

(A) Exclusion of Certain Wastes. Provision is made for the exclusion of industrial wastes by the Board of Public Works:

(1) For all industrial wastes;

(2) For certain industrial wastes which because of their constituents (toxicity, acidity and the like) impair the functioning of the wastewater treatment plant; and

(3) For temporary exclusion of all or certain industrial wastes when conditions are such that NPDES permit restrictions cannot be met.

(B) Prior Approval for Certain Wastes. Review and acceptance by the Superintendent shall be obtained prior to the discharge into the public sewers by any person of sewage wastes that have:

(1) A CBOD greater than 200 mg/L;

(2) A total suspended solids content greater than 250 mg/L; or

(3) Other contaminants or characteristics which, from their nature or quantity, might be harmful to the structures, processes or operations of the sewage works or to health, whether by themselves or through interaction with other wastes in the public sewers. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.048; Code 1981 §§ 13.24.100 and 13.24.110.]

Penalty: See AMC 13.10.610.

13.10.230 Pretreatment facilities.

(A) Pretreatment and Modification. When, after making such a review, the Superintendent concludes that, before the person discharges his or her wastes into the public sewers, he or she must modify or eliminate those constituents which would be harmful to the structures, processes or operations of the sewage works or injurious to health, then the person shall either modify his or her wastes at the point of origin or shall provide and operate at his or her own expense such preliminary treatment or processing facilities as may be determined to be necessary to render his or her wastes acceptable for admission to the public sewers.

(B) Prior Approval of Pretreatment Facilities. Plans, specifications and other pertinent information relating to proposed preliminary treatment or processing facilities shall be submitted to the city for examination and approval and no construction of such facilities shall begin until the city, through its Board of Public Works, has given its written approval. The approval shall not exempt the person from the obligation to make further reasonable adaptations of such facilities when such adaptations prove necessary to secure the results desired.

(C) Operation of Pretreatment Facilities. Where the preliminary treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operating condition by the person at his or her own expense and shall be subject to periodic inspection by the city. The person shall maintain suitable operating records and shall submit to the Superintendent such monthly summary reports of the character of the influent and effluent as the latter may prescribe.

(D) Pretreatment of Wastewater.

(1) Industrial users must provide necessary wastewater treatment as required to comply with this article and/or federal categorical pretreatment standards within the time limitations as specified by the applicable regulation. Any facilities required to pretreat wastewater to a level acceptable to the city must be provided, operated and maintained at the industrial user’s expense.

(2) All plans and operating procedures must be submitted to the city before construction of the facility. This requirement also applies to state regulations in which plans must be approved by the Plan Review Section of the Division of Water Pollution Control. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.049; Code 1981 §§ 13.24.120 – 13.24.140 and 13.24.310.]

Penalty: See AMC 13.10.610.

13.10.240 Grease and sand traps.

(A) Grease Traps/Interceptors. Facilities with one or more grease-generating activities, including food handling facilities, shall install, or cause to be installed, a grease removal device for each grease- generating activity. The device shall be of a size equal to or greater than the minimum size meeting the sizing criteria for grease interceptors as set forth in the applicable edition of the Uniform Plumbing Code and/or other authoritative organization(s) and shall have a sampling access point located downstream of the grease interceptor.

(B) Sand/Oil Traps. Facilities which discharge any quantities of sand, grit, oil or other inert debris into the sanitary sewer service shall have a sand and oil interceptor installed on the sewer service line and shall have a sampling access point located downstream of the grease interceptor. Examples of such facilities include, but are not limited to: automobile service stations, mechanical repair shops, car washes, fuel stations, garden nurseries, warehouses, and parking garages with floor drains.

(C) Whenever the Superintendent determines that grease interceptors or sand/oil traps are needed to protect the sewerage system or the operations of the wastewater treatment plant from grease, oil, sand or similar substances occurring in a customer’s sewage, then such treatment units shall be installed by the industrial user on their own lines and at their own expense.

(D) The industrial user shall maintain these treatment units so that pollutants are not discharged that violate any of the prohibitions established in AMC 13.10.160 or any applicable pretreatment standard or requirement.

(E) All treatment units shall be subject to the city’s approval as to construction, location and installation. The city retains the right to review all interceptors and traps during regular business hours to determine if the unit is operating and being maintained in an acceptable manner. Logs of all grease, sand and/or oil removal shall be maintained and available for inspection by the city. Logs shall include pumping dates, the volume of material removed, the name of the waste hauler and where the contents were disposed of. Logs shall be retained for a period of three years. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.050; Code 1981 § 13.24.150.]

Penalty: See AMC 13.10.610.

13.10.250 Submission of data on industrial wastes.

(A) When requested by the Superintendent, an industrial user shall submit information to the Superintendent regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the Superintendent to meet the responsibilities under this chapter, state law, and 40 CFR Part 403. Failure to provide information within the time frame specified shall be a violation of this chapter.

(B) Any person who discharges industrial wastes into the city’s sewerage system, either directly or indirectly, shall, upon the written request of the Board of Public Works, fill out and file with the city within 90 days an industrial waste questionnaire to be furnished by the city, in which he or she shall set out the quantity and characteristics of the wastes discharged into the city’s sewerage system. Similarly, any person desiring to establish a new connection to a public sewer for the purpose of discharging industrial wastes may be required to fill out and file such a questionnaire which shall include actual or predicted data relating to the quantity and characteristics of the wastes to be discharged.

(C) When special circumstances such as the size or complexity of his or her sewage disposal problem would make complying with the time schedule cited above an unreasonable burden on the person, an extension of time, not to exceed 90 days, may be granted by the Board of Public Works upon presentation of a proper application. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.051; Code 1981 § 13.24.160.]

13.10.260 Control manholes.

(A) Any person discharging industrial wastes into a public sewer, either directly or indirectly, may be required by the Board of Public Works, upon recommendation of the Superintendent, to construct and maintain at his or her own expense one or more control manholes at a specified location or locations to facilitate the observation, measurement and sampling of his or her wastes. Such manholes shall be constructed in accordance with the standards and specifications of the city. The Board may also require the person to install and maintain in any such manhole at the person’s expense an approved volume-measuring device.

(B) Plans for the installation of control manholes and related equipment must be approved by the Board of Public Works, upon the recommendation of the Superintendent and the Sewer Engineer, before construction is begun. [Ord. 1598-2018; Ord. 789, 1990; Ord. 692, 1986. Code 2000 § 51.052; Code 1981 § 13.24.170.]

Penalty: See AMC 13.10.610.

13.10.270 Sample collection and analytical methods.

(A) Sample Collection. Compliance determinations with respect to prohibitions and limitations in this chapter may be made based on either grab or composite samples of wastewater as specified by the city. Such samples shall be taken at a point or points which the city determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a 24-hour period, or over a longer or shorter time span, as determined by the city to meet specific circumstances.

(B) Sample Type. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and based on data that is representative of conditions occurring during the reporting period.

(1) Except as indicated in subsections (B)(2) and (3) of this section, the industrial user must collect representative wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is required by the city. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the permitted discharge.

(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composited samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous local limits, including pH.

(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in AMC 13.10.300, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical representative sampling data do not exist. Where historical data are available, the city may authorize a lower minimum. For the reports required by AMC 13.10.300, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(C) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of an industrial discharge permit application, report, permit or other analyses required under this chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties approved by the EPA.

(D) Records shall include for all samples:

(1) The date, exact place, method, and time of sampling and the name of the person(s) taking the samples;

(2) The date(s) analyses were performed;

(3) Who performed the analyses;

(4) The analytical techniques/methods used, including method detection limits and QA/QC sample results;

(5) Calibration and maintenance records;

(6) All chain-of-custody records; and

(7) The results of such analyses. [Ord. 1598-2018; Ord. 822, 1992; Ord. 789, 1990; Ord. 780, 1989; Ord. 692, 1986. Code 2000 § 51.053; Code 1981 §§ 13.24.180, 13.24.190 and 13.24.200.]

13.10.280 Modifications – Time schedule for compliance.

The authority reserves the right to amend this chapter and its terms and conditions in order to assure compliance with applicable laws and regulations. Categorical pretreatment standards as promulgated by the Environmental Protection Agency (EPA) pursuant to the Act shall be met by all dischargers regulated under such standards unless the POTW allows for the application of a removal credit allowance as defined at 40 CFR Section 403.7. [Ord. 1598-2018; Ord. 1507-2015; Ord. 692, 1986. Code 2000 § 51.054; Code 1981 § 13.24.220.]

13.10.290 Revocation of treatment services.

The authority may seek to terminate the wastewater treatment services to any discharger which:

(A) Fails to factually report the wastewater constituents and characteristics of its discharge;

(B) Fails to report significant changes in wastewater constituents or characteristics;

(C) Refuses reasonable access to the discharger’s premises by representatives of the authority for the purpose of inspection or monitoring; or

(D) Violates the conditions of this article or any final judicial order entered with respect to provisions of this article. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.055; Code 1981 § 13.24.230.]

13.10.300 Reports.

(A) Compliance Schedule. Any noncategorical industry which is not in compliance with the city’s limitations must develop a compliance schedule during which time the industry must meet the city’s standards. The schedule should contain increments of progress (hiring engineers, starting construction and the like) which correspond to specific dates for their completion. These represent major events leading to the operation of pretreatment equipment to meet the city’s pretreatment standards. All industrial users subject to these conditions must submit a progress report to the city no later than 14 days following each date in the compliance schedule. This report must include whether it complied with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to compliance. In no event can more than nine months elapse between progress reports.

(B) Compliance Schedule Reports (Categorical Industries). These reporting conditions apply to the compliance schedule required in 40 CFR Part 403.12(b)(7). This schedule is necessary whenever an industrial user is not meeting categorical pretreatment standards at the time of promulgation of that standard. The schedule contains increments of progress (hiring an engineer, completing plans, commencing construction, completing construction and the like) which correspond to specific dates for their completion. These represent major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards.

(C) Monthly Reports. This requirement calls for the submission of all notices and self-monitoring reports from industrial users that are necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. These reports will normally be required on a monthly basis.

(D) Baseline Report.

(1) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made on a category, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW will be required to submit to the control authority a report containing the information listed in 40 CFR Sections 403.12(b)(1) through (b)(7).

(2) Upon promulgation of a categorical pretreatment standard, the control authority (either EPA, state or POTW) will provide the appropriate 12(b) forms for distribution to the industrial users who are affected by the promulgated standard. The industrial users are then required to submit the completed report to the control authority.

(E) Compliance Date Report.

(1) Within 90 days following the date for final compliance with an applicable pretreatment standard, any industrial user subject to those standards must submit to the control authority a report indicating the nature and concentration of all pollutants in the discharge generated from the regulated process which are limited by categorical pretreatment standards.

(2) The report must also state whether applicable standards are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the discharge into compliance. This statement should be signed by an authorized representative of the industrial user.

(F) Periodic Reports on Continued Compliance. Any discharger subject to an applicable pretreatment standard must submit to the authority during the months of June and December, or more frequently if required by the authority, following the final compliance date of that pretreatment standard, a report indicating the nature and concentration of prohibited or regulated substances in the discharge which are limited by the categorical pretreatment standards. In addition, this report must include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows are to be reported on the basis of actual measurement, except, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize submission of the reports on months other than those specified above.

(G) Signatory Certification. All reports and other submittals required to be submitted to the city shall include the following statement and signatory requirements:

(1) The authorized representative of the industrial user signing any application, questionnaire, any report or other information required to be submitted to the city must sign and attach the following certification statement with each such report or information submitted to the city:

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 ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the 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 a fine and imprisonment for knowing violations.

(2) If the authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of AMC 13.10.020 must be submitted to the city prior to or together with any reports to be signed by an authorized representative. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.056; Code 1981 §§ 13.24.240, 13.24.250, 13.24.260, 13.24.270, 13.24.280 and 13.24.290.]

13.10.310 Right of entry.

(A) Whenever it shall be necessary for the purposes of this chapter, the city may enter upon any industrial user’s facility, property, or premises subject to this chapter that is located or conducted or where records are required to be kept for the purposes of:

(1) Performing all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by an industrial user. Compliance monitoring and inspection shall be conducted at a frequency as determined by the city and may be announced or unannounced;

(2) The city may use a camera to photograph areas of the facility as deemed necessary for carrying out the duties of the industrial pretreatment program including, but not limited to, documentation of the industrial user’s operations and compliance status and for reinforcement of required written reports. The industrial user shall be allowed to review copies of photographs for confidentiality claims;

(3) Examining and copying any records required to be kept under the provisions of this chapter or of any other local, state or federal regulation;

(4) Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;

(5) Sampling any discharge of wastewater into POTW; and/or

(6) Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under this chapter, could originate, be stored, or be discharged to the POTW.

(B) The occupant of such property or premises shall render all proper assistance in such activities. Where an industrial user has security measures in place which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security personnel so that authorized representatives of the city will be permitted to enter without delay to perform their specified functions.

(C) The Superintendent and other duly authorized agents and employees of the city are entitled to enter all private properties through which the city holds a negotiated easement.

(D) Failure to Allow Entry or Unreasonable Delays.

(1) In the event the city or other duly authorized representative of the city is refused admission or unreasonably delayed, enforcement action may result as allowed for under this chapter, including termination of discharge of wastewater to the POTW.

(2) If the city has been refused access to a building, structure or property or any part thereof, and/or if the city has demonstrated probable cause to believe that there may be a violation of the industrial discharge permit or this chapter, or that there is a need to inspect as part of an inspection program designed by the city to verify compliance with the industrial discharge permit or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city shall seek a search and/or seizure warrant describing the specific location subject to the warrant. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.057; Code 1981 § 13.24.300.]

13.10.320 Record retention.

(A) All industrial users shall retain, and make available for inspection and copying, all records, reports, monitoring or other data, applications, permits and all other information and documentation required by this chapter including documentation associated with best management practices.

(B) Industrial users shall retain such records and shall keep such records available for inspection for at least three years. This record-keeping period shall be extended automatically for the duration of any litigation concerning the industrial user’s compliance with any provision of this chapter, or when the industrial user has been specifically and expressly notified of a longer records retention period by the Superintendent. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.058; Code 1981 § 13.24.330.]

13.10.330 Disclosure of information and availability to the public.

(A) All records, reports, data or other information supplied by any person or industrial user as a result of any disclosure required by this chapter or information and data from inspections shall be available for public inspection except as otherwise provided in this section, 40 CFR Section 403.14 and the Indiana Open Records Act (IC 5-14-3 et. seq.).

(B) These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the industrial user which is desired to be considered a trade secret shall have the words, “Confidential Business Information” stamped on each page containing such information. The industrial user must 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 industrial user.

Information designated as a trade secret pursuant to this section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of the city charged with implementing and enforcing the provisions of this chapter and properly identified representatives of the U.S. Environmental Protection Agency and the Indiana Department of Environmental Management.

Effluent data from any industrial user, whether obtained by self-monitoring, monitoring by the city or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection. [Ord. 1598-2018; Ord. 692, 1986. Code 2000 § 51.059; Code 1981 § 13.24.320.]

Article IV. Rates and Charges

13.10.340 Charges based on water usage.

The charges made for sewerage service rendered to each lot, parcel of real estate or building having any connection with the city’s sewerage system or otherwise discharging sewage into that system, either directly or indirectly, shall be based upon the quantity of water presumed to enter the public sewers after being used in or on the property, as the quantity is measured by the water meter or meters therein used by the city’s water utility, except as herein otherwise provided. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.075; Code 1981 § 13.28.010.]

Statutory reference: Sewer rates and charges, see IC 36-9-23-24 et seq.

13.10.350 Water obtained from other sources.

Where the property obtains any part or all of the water used from sources other than the city’s water utility, the owner or the tenant may be required by the city to install and maintain at his or her own expense a meter or meters acceptable to the city for the purpose of measuring the quantity of water obtained from these other sources, or the city may determine the quantity of such water by whatever means and methods it may find practicable. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.076; Code 1981 § 13.28.020.]

13.10.360 Water not discharged to system.

Where a portion of the metered water does not and cannot enter the sewerage system, either directly or indirectly, the person having charge of the property may request permission from the city to install at his or her own expense either an approved meter or meters to determine the quantity of water that cannot enter the sewerage system or an approved sewage-measuring device or devices to determine the volume of sewage that actually enters the sewerage system; when appropriate, the city reserves the right to determine by whatever other means and methods it may find practicable the percentage of the property’s metered water that enters the sewerage system. In any case the service charge shall be based on the quantity of water that can or actually does enter the public sewers but in no case shall it be less than the minimum charge for the size of the service installed. [Ord. 1598-2018; Ord. 1042-2001; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.077; Code 1981 § 13.28.030.]

13.10.370 Metering of sewage.

The city may require a person to install and maintain at his or her own expense an approved device to measure directly the volumes of wastes discharged to the sewerage system if these volumes cannot otherwise be determined from the metered water consumption records. The city shall inspect and approve such installations and no such service, once installed, shall be removed without the city’s approval. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.078; Code 1981 § 13.28.040.]

Penalty: See AMC 13.10.610.

13.10.380 Sewer rate schedule.

(A) (1) Rate. The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same may be measured by the water meter there in use, except as otherwise provided in this chapter. Sewage service rates, based upon the amount of water used and the location of the user, shall be as follows:

Usage Rates
Location of User	Sewer Service Rate per 1,000 Gallons per Month
Within city corporate limits	$10.33
Outside city corporate limits*	$11.26

* Users outside the city corporate limits shall be billed at 109 percent of the rate billed to users inside the city.

(2) Minimum Charge.

(a) The minimum charge for sewage services where the user is a metered water consumer shall be based upon the size of the water connection and the location of the user and shall be as follows:

Within City Corporate Limits
Meter Size	Minimum Gallons Allowed	Sewer Minimum
5/8" – 3/4"	2,000	$20.66
1"	4,040	$41.73
1-1/2"	10,540	$108.88
2"	18,260	$188.63
3"	213,470	$2,205.15
4"	364,925	$3,769.68
6"	749,370	$7,740.99

Outside City Corporate Limits
Meter Size	Minimum Gallons Allowed	Sewer Minimum
5/8" – 3/4"	2,000	$22.52
1"	4,040	$45.49
1-1/2"	10,540	$118.68
2"	18,260	$205.61
3"	213,470	$2,403.67
4"	364,925	$4,109.06
6"	749,370	$8,437.91

(B) Users outside the city corporate limits shall be billed at 109 percent of the rate billed to users inside the city.

(1) The domestic connection charge shall be collected from each new customer prior to connection to the sewage works system based on water service line size.

Year	3/4" – 1"	1 1/4" – 1 1/2"	2"	3"	4"	6"	8"
2021	$927	$4,635	$7,416	$13,905	$23,175	$46,350	$74,160
2022	$974	$4,870	$7,792	$14,610	$24,350	$48,700	$77,920
2023	$1,022	$5,110	$8,176	$15,330	$25,550	$51,100	$81,760
2024	$1,050	$5,250	$8,400	$15,750	$26,250	$52,500	$84,000
2025	$1,078	$5,390	$8,624	$16,170	$26,950	$53,900	$86,240
2026	$1,106	$5,530	$8,848	$16,590	$27,650	$55,300	$88,480
2027	$1,134	$5,670	$9,072	$17,010	$28,350	$56,700	$90,720
2028	$1,162	$5,810	$9,296	$17,430	$29,050	$58,100	$92,960
2029	$1,190	$5,950	$9,520	$17,850	$29,750	$59,500	$95,200
2030	$1,204	$6,020	$9,632	$18,060	$30,100	$60,200	$96,320

(2) Authorization to Waive Charge. The Board of Public Works is authorized and empowered, in specific instances for such areas as cemeteries, golf courses, and parks, to waive, modify or defer in whole or in part the connection charge.

(3) Receipt of Connection Charge. One hundred dollars of the connection charge shall be receipted to the wastewater operation and maintenance fund and used to properly operate and maintain the Sewage Treatment Works facility. Any connection charge balance shall be receipted to the wastewater improvement fund and used for additions, improvements, and extensions.

(4) Remonstrance Restriction. Any and all owners of real estate, persons or corporations, their or its survivors, heirs or assigns, who shall connect to the Sewage Works system, pursuant to this article, shall agree in writing prior to the connection to waive their rights to remonstrate against annexation by the city.

(5) Conflicting Provisions. All provisions of water and sewer main construction ordinances of the city shall remain in full force and effect and shall coexist with this article. New customers seeking service shall be charged the greater of the charges or fees. In addition, this article is exclusive of any private water and sewer line construction agreements.

(D) Unmetered Users.

(1) For users of the sewage works that are unmetered or accurate meter readings are not available, the monthly charge shall be determined by equivalent single-family dwelling units; except as herein provided. The schedule on which said rates and charges shall be determined is as follows:

	Rate (per month) (Within City Corporate Limits)	Rate (per month) (Outside Corporate City Limits)
Single family residential unit	$43.80	$47.74

[Ord. 1698-2022; Ord. 1654-2020 § 1; Ord. 1599-2018; Ord. 1598-2018; Ord. 1460-2014; Ord. 1434-2013; Ord. 1429-2012; Ord. 1321-2009; Ord. 1278-2008; Ord. 1227-2006; Ord. 1157-2004; Ord. 1094-2002; Ord. 1091-2002; Ord. 1071-2002; Ord. 1012-2000; Ord. 927-96, 1996; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.079; Code 1981 § 13.28.050.]

13.10.385 Basis for monthly billing.

(A) All consumption charges for sewer use shall be calculated upon the registration of the water meter based on the rates schedule.

(B) The utility will make an effort to read meters at least monthly and such reading shall be prima facie evidence of the amount of sewer discharged.

(1) If the utility is unable to gain access to a customer’s inside or reliable remote water meter, the average of previous meter readings will be the basis for billing. The first billing made after the inside or reliable remote meter is read shall be adjusted according to the meter reading.

(2) If the utility reasonably believes that the average of previous meter readings will render an insufficient consumption, an estimate of consumption may be determined by the billing authority. The first billing made after the inside or reliable remote meter is read shall be adjusted according to the meter reading.

(3) No more than three consecutive estimated billings will be permitted; after that, the utility will provide notice that the consumer or property owner has 10 days to contact the utility in order to schedule a time for which the utility may send a representative to verify the meter reading.

(4) Failure to contact the utility, or failure to keep a scheduled time for reading verification, absent a showing of reasonable cause, will subject the consumer or property owner to disconnection of service and the associated charges, until a verification of the meter reading is made.

(C) All water passing through meters and subsequent sewer use shall be charged, whether used, wasted, or lost through leakage unless AMC 13.10.480(C) applies.

(D) In the event it is determined that the meter malfunctioned or there is a discrepancy between the inside meter and the exterior meter reading device, a credit shall be issued based on the prior year average use. Under no circumstance will the credit be given for more than one year of malfunctioned or discrepancy use. [Ord. 1669-2021 § 2.]

Code reviser’s note: Ord. 1669-2021 adds this section as Section 13.05.385. It has been editorially renumbered to reflect the city’s intent.

13.10.390 Storm sewer connection fees.

(A) Permit Application Required.

(1) An application for permit to connect is required before any connection is made to any city storm sewer.

(2) The City Engineer or Building Commissioner is authorized to develop and issue the required permit.

(B) Storm Sewer Connection Fees Established. The following fees are established and are to be paid before any connection to any city storm sewer:

Type and Size of Connection	Fee
4-inch connection or smaller	$250
4.01 – 6.00 inch connection	575
6.01 – 8.00 inch connection	1,000
8.01 – 10.00 inch connection	1,600
10.01 – 12.00 inch connection	2,300
12.01 – 14.00 inch connection	3,100
14.01 – 16.00 inch connection	4,000
16.01 – 18.00 inch connection	5,000
18.01 – 20.00 inch connection	6,100
20.01 – 22.00 inch connection	7,300
22.01 – 24.00 inch connection	8,600

(1) Fees derived from applications for permit to connect to storm sewer shall be receipted by the Clerk-Treasurer to the wastewater improvement fund.

(2) Fees derived from applications for a permit to connect to a storm sewer shall be used to construct, maintain, and repair storm sewers as budgeted and appropriated by the Common Council. [Ord. 1598-2018; Ord. 1337-2010; Ord. 951-98, 1998. Code 2000 § 51.080.]

13.10.400 City subject to rates.

For water and sewer service rendered to the city, the city shall not be subject to the same rates and charges established and as amended from time to time for other users. [Ord. 1598-2018; Ord. 987-99, 1999; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.081; Code 1981 §§ 13.28.060 and 13.28.150.]

13.10.410 Audit of expenses – Rate review.

Prior to May 1st of each year, the Clerk-Treasurer shall submit to the Board of Public Works an audit for the previous calendar year comprising operation and maintenance expenses, replacement and depreciation cost and principal and interest on outstanding revenue bonds in order that the Board of Public Works may determine if current rates and charges are adequate for each user class or should be changed. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.082; Code 1981 § 13.28.070.]

13.10.420 Surcharge provisions.

(A) Surcharge Based on Waste Concentration. Each industrial user who discharges industrial wastes into the public sewers shall be subject to a surcharge, in addition to the regular sewerage service charge, based on both the biochemical oxygen demand (or on the chemical oxygen demand where CBOD cannot be determined) and the suspended solids content of the wastes, if these wastes have a concentration greater than the following:

(1) A carbonaceous biochemical oxygen demand (CBOD) in excess of 200 mg/L; or where CBOD cannot be determined, then, in lieu of CBOD, a chemical oxygen demand (COD) in excess of 400 mg/L;

(2) A total suspended solids (TSS) in excess of 250 mg/L;

(3) Phosphorous in excess of 10 mg/L;

(4) Ammonia in excess of 20 mg/L.

(B) Surcharge – Computation. The surcharge shall be determined as follows:

(1) The excess pounds of BOD, COD, phosphorous, TSS and ammonia will be computed by multiplying the customer’s billing sewage volume, measured in units of 100 cubic feet for the current billing period, by the factor of 0.0062321, and multiplying that product by the difference between the concentration, measured in milligrams per liter, of the CBOD (or COD), phosphorous, TSS, and ammonia respectively in the customer’s sewage and the allowed constituent.

(2) The allowed constituent will be determined by multiplying the excess pounds of each constituent by the rate of surcharge set out in subsection (C) of this section.

(1) For carbonaceous biochemical oxygen demand (CBOD), $0.13 per pound;

(2) For chemical oxygen demand (COD) where CBOD cannot be determined, $0.13 per pound;

(3) For total suspended solids, $0.13 per pound;

(4) For phosphorous, $3.96 per pound;

(5) For ammonia, $0.39 per pound.

(D) Surcharge – Review. As appropriate, the city shall evaluate the treatment costs for removing CBOD, COD, TSS, phosphorous and ammonia from the wastewater treatment plant in order that the Board of Public Works may determine whether the current rates or surcharges charged for excess pollutant loading charges to industrial users are adequate or should be changed. [Ord. 1698-2022; Ord. 1654-2020 § 2; Ord. 1599-2018; Ord. 1598-2018; Ord. 1016-2000; Ord. 876, 1994; Ord. 822, 1992; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.083; Code 1981 §§ 13.28.080, 13.28.090, 13.28.100 and 13.28.110.]

13.10.430 Billing provisions.

(A) Payments and Charges. Charges for sewerage service shall be prepared and billed by the general office of the city utilities along with the bills for water service and shall be payable at the general office at the same time as the water bills.

(B) Liability for Payment. The charges for sewerage service shall be billed to the person being billed for water service unless, by contract with the utility, another person assumes such responsibility. If a tenant is billed, the owner shall in no way be relieved of liability in the event payment is not made by the tenant as required. The owner shall have the right to examine the city’s collection records to ascertain whether such charges have been paid.

(C) Billing Period for New Customers. The rates, charges and surcharges fixed in this chapter shall be extended to and cover any additional premises hereafter served without the need for any hearing or notice. If the first billing to a new customer covers a period other than a full billing month, then the service charges for the billing shall be made in keeping with standard practice in the water utility. Subsequent sewerage service billings shall be for periods coinciding with the billing periods for water service. If such rates, charges and/or surcharges are changed, the first billing after the change may also be for a period other than a full billing month in order to keep the sewerage billing periods coincident with the water billing periods. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.084; Code 1981 §§ 13.28.120, 13.28.130 and 13.28.140.]

13.10.440 Summer sewer relief.

(A) In order that residential sewage users shall not be penalized for watering lawns and other summer-type water usage during the months of June, July, and August (the “summer sewer relief period”), the sewer charges for such sewer services shall be calculated by adding together the consumption for the previous months billed of February, March, and April and dividing by three. The result of this calculation shall constitute the number of gallons of consumption that will be charged to the residential user for sewer services during the summer sewer relief period.

(B) In the event the residential sewage user is not billed the previous months of February, March, and April, summer sewer relief does not apply.

(C) In the event the calculation is greater than the water usage of June, July, and August, then the charge for sewer service shall be calculated on the actual water used in the month for which the sewage service bill is rendered.

(D) Summer sewer relief shall not apply to any premises that are wholly or partially used for commercial or industrial purposes. In the event a portion of such premises shall be used for commercial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate water meter, and in such case the water usage as registered by the water meter serving such portion of the premises used for residential purposes would qualify for summer sewer relief. [Ord. 1598-2018; Ord. 1174-2004. Code 2000 § 51.085.]

13.10.450 Waste haulers.

(A) The Wastewater Superintendent may accept waste from commercial waste haulers including port-a-john waste, septic tank waste, car-wash grit and sediment, and other waste deemed appropriate by the Superintendent, for disposal by the city wastewater treatment facilities. The Superintendent, or his or her designees, shall not accept any material outside the pH range of 6.0 and 9.0 or any material that he or she reasonably believes to be hazardous chemicals, oil, grease, or any material potentially harmful to the treatment plant.

(B) The rate charges to the person or entities whose waste is accepted for disposal $0.10 per gallon.

(C) The Superintendent is authorized to establish the forms, policy, and procedure to implement this section. [Ord. 1698-2022; Ord. 1654-2020 § 3; Ord. 1599-2018; Ord. 1598-2018; Ord. 1101-2002. Code 2000 § 51.086.]

13.10.460 Delinquencies.

(A) Payments, Due Dates and Charges.

(1) Charges for sewer service levied pursuant to this chapter shall be due and payable on or before the due date shown on the bill. Any service charge not paid by the due date, approximately 20 days after the bill is rendered, shall be considered delinquent. The delinquent charge together with any applied penalty shall be collectible as set forth.

(2) A reasonable grace period following the due date indicated on the bill in which delinquent charges may be waived may be granted by the official in charge of billing to customers for any of the following reasons:

(a) Delay following the death of a customer or a delay in payment from an estate of a decedent;

(b) Except for payments made by a third party, a history in which the customer at the same service address has not been late in making payment in the previous 12 months.

(3) Delinquent charges shall not be assessed to customers who are governmental or educational.

(B) Delinquent Account – Water Shutoff.

(1) The city will discontinue utility service to customers because of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills and discontinuance of service. All bills shall contain, in addition to the title, address, room number and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

(a) That all bills are due and payable on or before the date set forth on the bill.

(b) That if any bill is not paid by or before that date, and the next monthly billing indicates a past due balance of $40.00 or more from the previous month, a disconnect notice will be mailed stating that if the bill for both months is not paid in full within 20 days of the date of the disconnect notice, service will be discontinued for nonpayment.

(c) That any customer disputing the correctness of the bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.

(d) That any customer disputing the disconnect notice and discontinuance of service may request a hearing within 10 days of the date of the past due utility bill notice. The hearing request must be submitted in writing and addressed to Clerk-Treasurer, 210 North Public Square, Angola, Indiana, 46703. The hearing will be scheduled and conducted by the Board of Public Works and Safety. Notice of the time and place of the hearing will be sent by first class mail to the billing address of record and, if different, to the service address. Service will continue until a decision is issued.

(2) The city shall have no liability or responsibility to provide service to any user, residence, or business where there exists an outstanding bill.

(a) If a final bill is owed by a renter, s/he will not be allowed another utility service until the final bill is paid in full;

(b) If an owner of a property owes a final bill either in his or her name or the uncollected sewer, stormwater, or trash portion of a final bill in a previous renter’s name, utility service will be denied for the property until the final bill is paid in full.

(3) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing and whether or not the service should be disconnected will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(4) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge as established by the Common Council.

(5) In the event a customer is a critical facility, utility service will not be disconnected until the customer is contacted by phone or email. Critical facilities are defined as:

(a) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, and/or water-reactive materials;

(b) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile;

(c) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for response activities;

(d) Public and private educational facilities; and

(e) Public and private utility facilities that are vital to maintaining or restoring normal services during emergencies.

(C) Delinquent Account – Collection through Tax Duplicate. As provided by the state statutes, delinquent sewer service may be made a lien against the property. In such case, the delinquent service charges, together with a mandatory penalty of 10 percent, shall be placed on the tax duplicate and be collected in the same manner as regular taxes and assessments are collected.

(D) Delinquent Account – Collection through Court Action. In addition to the foregoing remedies, the city shall have the right to bring a civil action to recover any delinquent charges together with a penalty of 10 percent and a reasonable attorney’s fee. It shall also have the right, as provided by state law, to foreclose any lien established under the provisions of subsection (C) of this section, with recovery of the charge, a penalty of 10 percent and a reasonable attorney’s fee. [Ord. 1598-2018; Ord. 1580-2018 § 2; Ord. 1567-2017 § 2; Ord. 1501-2015; Ord. 1451-2013; Ord. 1381-2011; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.087; Code 1981 §§ 13.28.170, 13.28.190 and 13.28.200.]

Cross-reference: Turn-on fee for disconnected water service, see AMC 13.05.160.

Statutory reference: Delinquent fees, penalties, assessment liens and foreclosures, see IC 36-9-23-31 et seq.

13.10.470 Stormwater user rates.

(A) User Rate. The stormwater system rate is applicable to all properties within the sewage works service area, which is coterminous with the city’s boundaries, as follows:

(1) Rate per Customer. Customer charge per month (per customer): $2.08 plus:

(2) User Charge per Month (per ERU).

	Rate per ERU
First 5 ERUs	$1.98
Next 25 ERUs	$1.33
Over 30 ERUs	$0.68

(B) Nonresidential Users. For the purpose of this section, nonresidential users shall be all properties not encompassed within the definition of “residential property unit” as described by AMC 13.10.020. “Nonresidential property unit” shall include, but not necessarily be limited to:

(1) Agricultural property;

(2) Apartment and condominium property;

(3) Mobile home parks;

(4) Commercial property;

(5) Industrial property;

(6) Institutional property;

(7) Governmental property;

(8) Churches;

(9) Schools;

(10) Federal, state, and local government- owned property; and

(11) Any other property not mentioned herein and not specifically defined as either residential property or vacant residential property.

(C) Billing Provisions. Stormwater rates and charges shall be billed monthly, and all provisions of the Indiana Code, this code, and the city Utilities Department rules and regulations which apply to the payment and collection of rates and charges for wastewater services shall apply equally to the rates and charges for stormwater utilities services. [Ord. 1598-2018; Ord. 1454-2013; Ord. 1337-2010; Ord. 1227-2006; Ord. 1157-2004. Code 2000 § 51.088.]

13.10.480 Sewer adjustments.

(A) Swimming Pool Fill.

(1) Any residential sewage user with an existing swimming pool shall be permitted to fill the pool from the sewage user’s residential metered water one time each year between April 15th and May 15th without assessment of a sewer charge on the gallons used to fill the pool.

(2) Any residential sewage user who fills a newly constructed or repaired swimming pool from the sewage user’s residential metered water shall be entitled to fill the pool one time without assessment of a sewer charge on the gallons used to fill the pool.

(3) Any residential sewage user desiring to fill a swimming pool between April 15th and May 15th without assessment of a sewer charge on the gallons used shall serve notice to the Clerk-Treasurer/utility office and state the user name and address, and the present reading on the water meter. The user shall have 72 hours to fill the pool at which time the resident shall notify the Clerk-Treasurer/utility office as to the concluding reading on the water meter. Provided the user complies with these conditions, the residential sewage user shall not be assessed a sewer charge on the gallons used to fill the pool.

(4) After May 15th, if the residential sewage user qualifies for summer sewer relief, that relief will apply for the gallons used to fill the pool for the summer sewer relief period.

(B) New Lawn/Landscaping.

(1) In order that residential sewage users shall not be penalized for maintaining a new lawn/landscaping, for the gallons used to maintain the lawn/landscaping, the user shall be entitled to maintain the new lawn/landscaping for a period of one year without assessment of a monthly sewer charge based on gallons used or estimated to be used for maintaining the new lawn/landscaping.

(2) In the event the residential sewage user has compiled a history of water usage of at least six billing months, the sewer charges shall be calculated based on the average usage billed that six months. The result of this average calculation shall constitute the number of gallons of consumption that will be charged monthly to the residential user for sewer charges during the one-year period.

(3) In the event the residential sewage user has not compiled a history of water usage in order to determine the sewage charge, the sewer charges shall be calculated by determining the number of user residents in the household multiplied by 2,000 (maximum average water use per person). The result of this calculation shall constitute the number of gallons of consumption that will be charged monthly to the residential user for sewer charges during the one-year period.

(4) Any residential sewage user desiring to maintain a new lawn/landscaping without assessment of a sewer charge on the gallons used shall serve notice to the Clerk-Treasurer/utility office and state the user name and address. The Clerk-Treasurer/utility office will order a site visit to verify the notice. Provided the user complies with these conditions, the residential sewage user shall not be assessed a sewer charge on the gallons used to maintain a new lawn/landscaping.

(1) In the event a sewage user determines that water has not entered the sewage system due to a leak or inadvertent use from the plumbing system, the user may be entitled to an adjustment for the sewer charge. The adjustment shall not exceed two consecutive billing cycles.

(2) Any sewage user desiring to seek relief from the sewer charge due to a leak or inadvertent use shall serve notice to the Clerk-Treasurer/utility office immediately upon learning of the incident. The Clerk-Treasurer/utility office will order a site visit to verify the incident. If utility personnel are unable to determine the exact nature of the incident, the sewage user will be notified and within 10 days of the incident, the sewage user shall submit to the Clerk-Treasurer/utility office an affidavit detailing the incident. Provided the user complies with these conditions, the user shall not be assessed a sewer charge for the leak or inadvertent use. [Ord. 1598-2018; Ord. 1174-2004. Code 2000 § 51.089.]

13.10.490 Tenants may be billed – Right of owners to examine records.

Rates and charges may be billed to the tenant or tenants occupying properties served, unless otherwise requested in writing by the owner, but the billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners of properties served shall have the right to examine the collection records of the city for the purpose of determining whether bills have been paid by such tenant or tenants; provided, that these examinations shall be made at the office at which the records are kept and during the hours that the office is open for business. [Ord. 1598-2018; Ord. 1174-2004. Code 2000 § 51.090.]

13.10.500 Evidence of bill mailing.

The utility billing journal, as far as the city is concerned, is proof of mailing of the utility bills, and if the utility user claims not to have received a bill then the late charge will stand as a part of the bill if the utility billing journal indicates a bill was mailed. [Ord. 1598-2018; Ord. 1174-2004. Code 2000 § 51.091.]

Article V. Administration and Enforcement

13.10.510 Bylaws, rules and regulations – Amendment of provisions.

(A) Bylaws, Rules and Regulations. The Board of Public Works of the city shall, in accordance with the state statutes, make and enforce whatever bylaws, rules and regulations it may deem necessary for the safe, economical and efficient management of the city’s sewage works, for the construction and use of building sewers and connections to the sewerage system, for the regulation, collection and refunding of the rates and charges for sewerage service and, in general, for the implementation of the provisions of this chapter.

(B) Amendment. The city reserves the right to amend this chapter, including the rates established, in part or in whole, as provided and permitted by the state statutes, whenever it may deem it necessary. [Ord. 1598-2018; Ord. 789, 1990; Ord. 662, 1984. Code 2000 § 51.100; Code 1981 §§ 13.20.250 and 13.20.350.]

13.10.520 Suspension of service.

The authority may suspend the wastewater treatment service and/or the wastewater permit of a discharger if it appears to the authority that an actual or threatened discharge presents an imminent danger to the welfare of persons, to the environment, to the operation of the POTW or violates any pretreatment limits or any wastewater permit. Any discharger notified of the suspension of wastewater treatment service and/or any discharger’s wastewater permit must, within a reasonable period of time as determined by the authority, cease all discharges. If the discharger fails to comply voluntarily with the suspension order within the specified time, the authority must immediately commence judicial proceedings to compel the discharger’s compliance with the order. The authority can reinstate the wastewater permit and/or the wastewater treatment service and terminate judicial proceedings, provided the discharger can prove the elimination of the noncomplying discharge of conditions as outlined in this section. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.101; Code 1981 § 13.20.260.]

13.10.530 Revocation of permit.

The authority may revoke the permit of any discharger failing to:

(A) Factually report the wastewater constituents and characteristics of its discharge;

(B) Report significant changes in wastewater constituents or characteristics;

(C) Refuses reasonable access to his or her premises by representatives of the authority for the purpose of inspection or monitoring; or

(D) Violates the conditions of this permit, the city’s ordinance or any final judicial order. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.102; Code 1981 § 13.20.270.]

13.10.540 Show cause hearing.

Where a violation of the city’s ordinance or of applicable pretreatment regulations occurs and is not corrected by timely compliance, the proposed permit revocation action should not be taken. A written notice must be served on the discharger by personal service, certified or registered mail, specifying the time and place of a hearing to be held by the authority. The hearing will consider the violation, the proposed enforcement action, reasons why the enforcement action is to be taken and directing the discharger to show cause before the authority as to why the proposed enforcement action should not be taken. The notice of the hearing must be served no less than 10 days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger. The proceedings at the hearing will be considered by the authority and appropriate orders with respect to the alleged improper activities of the discharger will be issued. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.103; Code 1981 § 13.20.280.]

13.10.550 Legal action.

If any person discharges sewage, industrial wastes or other wastes into a city’s wastewater disposal system contrary to the municipal ordinance, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal and/or equitable relief in the circuit court of the county. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.104; Code 1981 § 13.20.290.]

13.10.560 Annual publication of violators.

A list of all dischargers which were the subject of significant enforcement proceedings pursuant to provisions of a municipal ordinance or state or federal regulations during the previous calendar year must be published annually by the authority in the largest daily newspaper in the municipality in which the authority is located. The article should summarize the enforcement actions taken against the dischargers during the calendar year in which violations remained uncorrected 45 or more days after notification of noncompliance, or which have exhibited a pattern of noncompliance over that one-year period, or which involve failure to accurately report noncompliance. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.105; Code 1981 § 13.20.300.]

13.10.570 Discharger’s right to appeal.

Any discharger or any interested party has the right to request in writing an interpretation or ruling by the authority on any matter covered by a municipal ordinance and is entitled to a prompt written reply. In the event that such an inquiry is by the affected discharger and deals with matters of compliance with the ordinance or deals with a wastewater permit, receipt of the discharger’s request will delay all enforcement proceedings until he receives the written reply. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.106; Code 1981 § 13.20.310.]

13.10.580 Upsets.

(A) Any discharger that experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or a wastewater permit must inform the authority within 24 hours of the upset occurrence. When such information is given orally, a written report must be sent to the authority within five days. The report must specify:

(1) The description of the upset, the cause and the upset’s impact on the discharger’s compliance status;

(2) The duration of noncompliance, including times and dates of noncompliance; and

(3) The steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset.

(B) A documented and verified operating upset can be an affirmative defense to any enforcement action brought by the authority against a discharger for noncompliance if the requirements of 40 CFR Section 403.16(c) are met. [Ord. 1598-2018; Ord. 662, 1984. Code 2000 § 51.107; Code 1981 § 13.20.320.]

13.10.590 Duties and authority of enforcement officials.

The provisions of this chapter shall be enforced by the Mayor and/or the Superintendent and such deputies as he or she, with the approval of the Common Council, may appoint for such purpose. Whenever the Mayor and/or Superintendent or any such deputy shall deem it appropriate to charge a person with a violation of this chapter, he or she shall issue to such person a notice of violation which shall be processed according to the provisions of IC 36-1-6-1 through 36-1-6-4. The Mayor and/or Superintendent shall cause to be prepared, in duplicate, suitable serially-numbered forms of such notices of violation and shall issue a supply of them to such deputies, taking their receipts therefor; provided only, that such notice of violation forms shall not be printed until it has been approved by the City Attorney or his or her authorized associate. Each such deputy shall make a written accounting to the Superintendent of his or her disposition of the notice of violation forms issued to him or her. The Mayor and/or Superintendent shall each month make a written report to the Board of Public Works, with copies to the Clerk-Treasurer and the City Attorney, of the disposal made by the deputies of the notice of violation forms issued to them. These reports shall be public records. [Ord. 1598-2018; Ord. 789, 1990. Code 2000 § 51.108; Code 1981 § 13.20.340.]

13.10.600 Violations.

(A) Any person found to be violating or failing to comply with any of the provisions of this chapter shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time limit for its satisfactory correction. The offender shall, within the period of time stated in the notice, permanently cease all violations.

(B) Any person violating any of the provisions of this chapter and convicted thereof shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(D) Any person who violates any provision of this chapter which, in the judgment of the Board of Public Works and Safety, requires the services of a commercial laboratory shall be liable for all costs of such service. [Ord. 1598-2018; Ord. 822, 1992; Ord. 789, 1990; Ord. 762, 1988; Ord. 662, 1984. Code 2000 § 51.109; Code 1981 § 13.20.330.]

Cross-reference: Nuisances, see Chapter 8.15 AMC.

13.10.605 Liability.

(A) The Superintendent, or any employee of the city responsible for the implementation and enforcement of this chapter, while acting for the city, shall not be rendered liable personally, and is hereby relieved from all personal liability for any damages accruing to persons or property because of any act required or permitted in the discharge of official duties required under this chapter.

(B) The Superintendent or any employee of the city shall not be liable for costs in any action, suit or proceedings that is instituted in pursuance of the provisions of this chapter, and the Superintendent or any employee of the city acting in good faith and without malice shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. [Ord. 1598-2018.]

13.10.610 Penalty.

Any person violating any provision of this chapter shall be subject to the penalty as stated in Chapter 1.15 AMC. [Ord. 1598-2018. Code 2000 § 51.999.]