ARTICLE II. SEWERS, WASTEWATER AND POLLUTION CONTROL
26-16 Notice of sufficient capacity.
(a) The wastewater division shall issue a "notice of sufficient capacity" for each project it has determined can be handled by the appropriate treatment plant or sewer system.
(b) The city plumbing inspector shall issue no plumbing permit; the city health and safety administrator shall issue no certificate of occupancy; nor shall any wastewater permit or permit for sewer connection provided by this chapter be issued until a notice of sufficient capacity, signed by an authorized representative of the city, has been issued.
(c) A notice of sufficient capacity is valid for only twelve (12) months, unless the city determines that a project commencement has been delayed beyond that period for reasons beyond the control of the owner, such as Act 250 review.
(d) A notice of sufficient capacity shall not be granted to a project whose owner has a delinquent material and labor bill for water service installation or repair work at any property of that owner.
(e) The notice of sufficient capacity is not transferable to other projects.
(f) Any person who violates any provision of this division shall be punished as provided in section 1-9 of this Code of Ordinances.
(Ord. of 12-15-08(2), § 26-2-1)
26-17—26-30 Reserved.
DIVISION 2. WASTEWATER PERMITTING
26-31 Adoption of wastewater disposal regulations.
When the City of Burlington becomes a "delegated municipality" pursuant to the State Wastewater System and Potable Water Supply Rules, Subchapter 7 - Delegation, the provisions of this division shall apply and all permits required under the state wastewater System and Potable Water Supply Rules shall be issued in accordance with the state’s regulations and rules. For the purposes of the delegated state program, the only exceptions under the state rules that will be recognized by the city are those for projects that qualified for them before the date of delegation.
(Ord. of 12-15-08(2), § 26-2-2)
26-32 Applicability of regulations.
(a) No individual subsurface sewage disposal system, no shared or community subsurface sewage disposal system, no connection to municipal sewer system, shall be built, altered, or used except in accordance with Article II of this chapter and any other applicable rules or regulations, and only after a permit has been issued by the director.
(b) Where a municipal sanitary sewer is not available for connection from a building, and a sewage treatment facility involving an effluent to waters of the state is not available, the building sewer shall be connected to a subsurface sewage disposal system complying with the provisions of Article II of this chapter and any other applicable rules or regulations.
(c) In the case of any other applicable regulations, bylaw, ordinance, or statute which differs from the requirements hereof, the more strict shall apply.
(Ord. of 12-15-08(2), § 26-2-3)
26-33 Performance standards.
The purpose of this regulatory system is to prevent health hazards and environmental damage caused by the improper treatment and disposal of wastewater. Wastewater treatment and disposal systems, whether onsite individual systems or connections to the municipal system, shall be designed, constructed, and operated so as to:
(a) Prevent the creation of health hazards;
(b) Prevent surfacing sewage or the pollution or contamination of drinking water supplies, groundwater, and surface water;
(c) Insure that facilities are designed and constructed in a manner which will promote sanitary and healthful conditions during operation and maintenance.
(Ord. of 12-15-08(2), § 26-2-4)
26-34 Procedure for application for permit.
(a) The application requirements are specified in Section 1-302 of the state Environmental Protection Rules. The city shall provide an application form for wastewater permit requests.
(b) No person shall design a wastewater system that requires a permit under this article without first obtaining a designer license from the state agency of natural resources.
(Ord. of 12-15-08(2), § 26-2-5)
26-35 Innovate/alternative systems and products.
Only those innovate/alternative systems and produces approved for use by the state agency of natural resources shall be eligible for use in the city.
(Ord. of 12-15-08(2), § 26-2-6)
26-36 Appeals.
Appeals in the case of issuance of a ticket under section 26-37 shall be governed by the provisions of 4 V.S.A. Chapter 29. All other appeals shall be governed by the following provisions:
(a) An applicant that has been denied a permit or has been denied a portion of the initial request may appeal the director’s decision to the public works commission within fifteen (15) days of the decision.
(b) An interested party may request that the director revoke an approved permit under section 26-39
(c) An interested party may request that the public works commission revoke an approved permit under section 26-39 if the party has first requested revocation under this section and is not satisfied with the ruling of the director.
(Ord. of 12-15-08(2), § 26-2-7)
26-37 Inspection.
No underground piping, connection to the municipal sewer system, septic tank, or leeching facilities shall be covered until they have been inspected and approved for covering by the director. No building requiring a wastewater permit under this article shall be occupied until such facilities have been certified by the director as being in compliance with this article. The director may waive the requirement for an inspection if written certification of compliance with the provisions of this article is provided by a state licensed professional engineer or site technician to the director.
(Ord. of 12-15-08(2), § 26-2-8)
26-38 Existing facilities.
Where a sewage system or connection to the municipal sewer system exists prior to the effective date of the ordinance from which this chapter derives, and the director determines that it is creating a health hazard or health nuisance, the director shall advise, in writing, the property owner of the inadequate condition and, when necessary, shall issue a written order for compliance with these regulations. The property owner shall subject a proposed modification to the system to the director for review and approval, in accordance with the application procedure outlined in this article.
(Ord. of 12-15-08(2), § 26-2-9)
26-39 Revocation of permits.
A wastewater permit may be revoked by the director for any of the following reasons:
(a) False, fraudulent, or misleading information contained in the permit application.
(b) Installation of an onsite system or connection to the municipal sewer system which does not comply with the conditions of the permit.
(c) Alteration of the onsite system or connection to the municipal sewer system so that it does not comply with this article.
(d) Information which shows that the proposed onsite system or connection to the municipal sewer system will not comply with this article.
(e) Failure to comply with this article or any terms or conditions of permits issued under this article.
The director shall give the permit holder written notice of revocation of the permit within seventy-two (72) hours of revocation. All sewage disposal system work must ease immediately upon notification of revocation of permit. The revocation will be held as a contested case per 3 V.S.A. Chapter 25.
(Ord. of 12-15-08(2), § 26-2-10)
26-40 Violations.
Violations of the requirements of this article shall be pursued under the provisions of section 26-4.
(Ord. of 12-15-08(2), § 26-2-11)
26-41—26-50 Reserved.
DIVISION 3. WASTEWATER AND WATER POLLUTION CONTROL CHARGES
26-51 Industrial user charges.
In situations where an applicable industrial user exists, there shall be established a user charge and industrial cost recovery in accordance with appropriate federal and state rules and regulations, pertaining to the cost associated with the use of the sewer system by said industrial user.
(Ord. of 12-15-08(2), § 26-2-12)
26-52 Nonindustrial user charges.
For the purpose of paying interest and principal on bonds of the city issued for wastewater purposes, as well as the expense of maintenance and operation of the wastewater division and the sewerage system, there is hereby levied and assessed upon each user a wastewater charge, payable as provided in this division.
(Ord. of 12-15-08(2), § 26-2-13)
26-53 Wastewater rates and fees; charges.
(a) Monthly wastewater rates and fees shall be in accordance with a schedule prescribed by the water division of the department of public works and approved by the city council in the city’s budget or otherwise, and charges shall be categorized as follows:
(1) Fixed charge. Based on the size of the meter or meters.
a. A fixed meter charge may be temporarily waived in accordance with policies prescribed by the water division of the department of public works and as approved by city council as part of the water resources assistance program.
(2) Volumetric charge. Based on the customer classification and the volumetric usage of wastewater upon the premises as measured by the city water meter or as estimated where appropriate by the water division of the department of public works.
(Ord. of 12-15-08(2), § 26-2-14; Ord. of 5-24-21)
26-54 Minimum charge.
There may be a minimum monthly wastewater charge based upon a schedule prescribed by the water division of the department of public works and approved by the city council.
(Ord. of 12-15-08(2), § 26-2-15; Ord. of 5-24-21)
26-55 Determination of charges when city water not used.
In the event any user uses water from some other source than the city supply, so that all of the water used thereon is not measured by a city water meter, or by a meter acceptable to the director, then in each such case the director shall otherwise measure or determine the amount of water so used in order to determine the wastewater charge, as provided in this article, which shall in such event bear the same proportion to city water charges as in the case of metered premises, or the owner or other interested party may, at his own expense, install and maintain a meter acceptable to the director for said purpose.
(Ord. of 12-15-08(2), § 26-2-16)
26-56 Abatements; credits; refunds.
(a) Abatements, credits, and refunds of wastewater rates, fees and charges shall be in accordance with policies prescribed by the water division of the department of public works and approved by the city council.
(b) Any premises to which city water is supplied for manufacturing, commercial, or irrigation purposes, in such a manner that a substantial portion of the same is not returned to the city sewer system, shall be entitled, upon application therefore, to such abatement in the wastewater charge, as the director shall determine to be equitable under the circumstances. Any person dissatisfied with such determination by the director may apply first to the public works commission for an adjustment thereof, and thereafter to the city council whose decision shall be final.
(Ord. of 12-15-08(2), § 26-2-17; Ord. of 5-24-21)
26-57 When payments due.
The wastewater charges levied and assessed by this article shall be due and payable when rendered.
(Ord. of 12-15-08(2), § 26-2-18)
26-58 Penalty for late payment; disconnection.
(a) A penalty of one (1) percent shall be added to any wastewater charge due where such charge remains unpaid every thirty (30) days following the date such charge was first rendered. Such charges shall be a lien upon the real estate furnished with service as provided in V.S.A. Title 24, § 3612.
(b) At his discretion, the director where appropriate, may utilize the procedures provided for in V.S.A. § 5149 et seq., "Uniform Water and Sewer Disconnect Act," in accordance with the provisions therein, to disconnect the water service of a delinquent ratepayer.
(Ord. of 12-15-08(2), § 26-2-19)
26-59 To whom payments made.
Wastewater charges pursuant to this article shall be payable at the water division.
(Ord. of 12-15-08(2), § 26-2-20)
26-60 Use of proceeds.
The receipts of the wastewater division system shall constitute a separate fund, known as the wastewater division fund. All receipts shall be used and applied to pay the expense of operation and maintenance of the wastewater division and to pay the interest and principal of the water pollution control bonds of the city and capital improvement projects of the public works department wastewater division. The city chief financial officer shall periodically, when principal and interest on general obligation bonds are due and payable, transfer to the general fund of the city from said wastewater division fund a sum sufficient to meet the principal payments on such bonds falling due in that fiscal year, and to the general credit of the city a sum sufficient to meet interest payments on such bonds falling due in that fiscal year.
(Ord. of 12-15-08(2), § 26-2-21)
26-61—26-70 Reserved.
DIVISION 4. USE OF PUBLIC SEWERS
26-71 Use of public sewers generally.
(a) Every person owning or having the care of buildings abutting on a street in this city through which a sanitary or combined sewer has been or shall hereafter be constructed shall drain such buildings wastewater into the sanitary or combined sewer, at their own expense, provided that all connections into the public sewers be made under the direction of the director upon the written application of such person. The director shall supervise the making of all such connections.
(b) Every person owning or having the care of lands and buildings abutting on a street in this city through which a storm or combined sewer has been or shall hereafter be constructed shall drain stormwater from such land and buildings after treatment and/or attenuation into the storm or combined sewer or natural outlet, at his own expense, provided that all connections into the public sewers and natural outlets be made under the direction of the director upon the written application of such person and in accordance with the provisions of this chapter. The director shall supervise the making of all such connections.
(c) Express prohibitions.
(1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or objectionable waste.
(2) Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(3) No person shall discharge, cause or permit to be discharged any stormwater, surface water, groundwater, foundation drains, roof runoff, subsurface drainage, cooling water, or industrial process waters to any sanitary sewer. This prohibition does not apply to the combined or separate storm sewers.
(4) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers or natural outlet:
a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
b. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans, animals or property, create a public nuisance, or create any hazard, including fire or explosion, in the receiving waters of the wastewater treatment plant or wastes exerting an excessive chlorine requirement. The limiting concentrations of such substances that create hazards as aforesaid are subject to modification by the director as affected by applicable state or federal regulations or guidelines.
c. Any waters (except acidic rainfall) or wastes having a pH lower than five (5) or greater than nine and five tenths (9.5), or which due to its nature or content, becomes less than five (5) or greater than nine and five tenths (9.5) during transmission through the sewers, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater facilities or treatment works.
d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, animal waste, ashes, bones, cinders, sand, mud, sediment, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood or cellulose, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, either whole or ground by garbage grinders.
e. Radioactive materials of such half-life or concentration as may exceed limits established by the director of water pollution control in compliance with applicable state or federal regulations.
f. Wastewater that has or may cause an offensive odor or nuisance in the wastewater facilities and treatment works, and without limiting the generality of the foregoing, wastewater containing hydrogen sulfide, carbon disulfide, ammonia, trichloroethylene, sulfur dioxide, formaldehyde, chlorine, bromine, or pyridine.
g. Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius).
h. Wastewater containing more than fifteen (15) milligrams per liter, whether emulsified or not, of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.
i. Wastewater containing more than one hundred (100) mg/l of oil, fat and grease of animal and vegetable origin.
j. Wastewater containing floatable oils, fat or grease.
k. Wastewater containing pharmaceuticals or endocrine disrupters.
(d) The owner(s) of all houses or buildings, used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city is hereby required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within ninety (90) days after date of official notice to do so, provided that said public sewer is within a reasonable distance of the property line as determined by the director.
(e) Stormwater and other unpolluted drainage may be discharged to a storm sewer or to a natural outlet as approved by the director when suitable treatment and/or attenuation has been provided in accordance with the provisions of this chapter. Stormwater and other unpolluted drainage may be allowed to be discharged to a combined sewer as approved by the director provided that it does not violate wastewater facility NPDES permit requirements. Industrial cooling or unpolluted process waters may be discharged to a storm sewer or natural outlet as approved by the director provided that these waters do not result in adverse undue thermal impacts to receiving waters.
(f) (1) The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.
(2) The director may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming this opinion as to the acceptability, the director will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors.
(3) The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewers which shall not be violated without approval of the director are as follows:
a. Wastewater of which the BOD5 exceeds four hundred (400) milligrams per liter.
b. Wastewater in which suspended solids exceed five hundred (500) milligrams per liter, or the organic content of such suspended solids or of dissolved solids is unusually small.
c. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
d. Quantities of flow, concentrations, or both which constitute a slug as defined herein.
e. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
f. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
(g) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics, enumerated in subsections (c)(4) and (f) above, and which in the judgment of the director may have a deleterious effect upon the wastewater facilities or treatment works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director may:
(1) Reject the wastes.
(2) Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) Require control over the quantities and rates of discharge.
(4) If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director, and subject to the requirements of all applicable codes, ordinances, laws, and the municipal discharge permit. Further, such pretreatment installations must be consistent with the requirements of any state pretreatment permit issued to the owner.
(h) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the director. Any removal and hauling of the collected materials not performed by owner’s personnel must be performed by qualified waste disposal firms.
(i) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his sole expense.
(j) When required by the director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the director. The structure shall be installed by the owner at his sole expense and shall be maintained by him so as to be safe and accessible at all times.
(k) All industries discharging into a public sewer shall perform such monitoring of their discharges as the director and/or other duly authorized employees of the city may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records, and reporting results of such monitoring to the director. Where industrial pretreatment permits are issued by the State of Vermont, monitoring records must also be submitted to the secretary in accord with such permit. Such records of any monitoring shall be made available upon request by the director to the secretary or to other agencies having jurisdiction over discharges to the receiving waters.
The director shall require forty-five (45) days’ prior notification by any person or persons of a proposed substantial change in volume or character of pollutants over that being discharged into the treatment works; a proposed new discharge into the treatment works of pollutants from any source which would be a new source as defined in the federal Water Pollution Control Act as amended, if such source were discharging pollutants; or a proposed new discharge into the treatment works of pollutants from any source which would be subject to the federal Water Pollution Control Act, as amended, if it were discharging such pollutants.
(l) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the director.
(m) No statement contained in this division shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, to an extent fixed by agreement with the city under such conditions with respect to payment or otherwise as may be necessary to compensate for any additional costs of treatment; provided that such agreements do not contravene any requirements or existing federal laws and are compatible with any user charge and industrial cost recovery system in effect. Any such agreement shall be subject to the approval of the state department of environmental conservation.
(n) No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the city health officer.
(o) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the director per Division 1 of this article. Any person proposing a new discharge into the system, or a substantial change in the volume or character of pollutants that are being discharged into the system, shall notify the director at least forty-five (45) days prior to the proposed change or connection.
(p) Applications for a plumbing permit shall be filed with the department of public works and must be approved before any work commences. Fees associated with this permit are outlined in the permit application.
(q) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(r) A separate and independent building sewer shall be provided for every building; except where one (1) building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one (1) building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.
(s) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the director to meet all requirements of this article.
(t) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.
(u) 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.
(v) The connection of any building sewer into the public sewer shall conform to the requirements of the building and plumbing code and all other applicable rules and regulations of the city. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the director before installation.
(w) The applicant for any building sewer permit shall notify the inspector when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the inspector.
(x) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parking and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city and consistent with the requirements of Chapter 27 of this Code.
(Ord. of 12-15-08(2), § 26-2-22)
26-72 Construction requirements for private drains connecting to sewers.
All private drains connecting with a public sewer shall be constructed of SDR 35 PVC pipe that meets or exceeds standard ASTM D2321 not less than four (4) inches in diameter or such other pipe as the director may approve, and all joints of such drains shall be so made as to prevent the escape of gas therefrom. Cellar drains shall be laid on an inclination or pitch of not less than one-quarter (1/4) inch to two (2) feet; and all sewage drains shall be laid on an inclination or pitch of not less than one-quarter (1/4) inch to one (1) foot.
(Ord. of 12-15-08(2), § 26-2-23)
26-73 Private wastewater treatment.
(a) Where a public sanitary or combined sewer is not available under the provisions of section 26-71, the director may require that the building sewer shall be connected to a private wastewater treatment system complying with the provisions of this section and the requirements set forth in the latest edition of the Vermont Environmental Protection Rules.
(b) Before commencement of construction of a private wastewater treatment system the owner(s) shall first obtain a written permit signed by the director per Division 1 of this article. 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 deemed necessary by the director.
(c) A permit for a private wastewater treatment system shall not become effective until the installation is completed to the satisfaction of the director. The director or his/her designee shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the director when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within seventy-two (72) hours of the receipt of notice by the director.
(d) The type, capacities, location, and layout of a private wastewater treatment system shall comply with all applicable regulations and guidelines of the State of Vermont. No septic tank shall be permitted to discharge to any natural outlet.
(e) At such time as a public sewer becomes available to a property served by a private wastewater treatment system, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this article, and any septic tanks, cesspools, and similar private wastewater facilities shall be cleaned of sludge and any supernatant liquid and filled with suitable material.
(f) The owner(s) shall operate and maintain the private wastewater treatment facilities in a sanitary manner at all times, at no expense to the city. Sludge, together with any supernatant liquid, shall be removed from private treatment systems only by operators qualified for such removal. If the operator wishes to dispose of the sludge within the city he may do so only at one of the treatment plants upon approval of the director and payment of a disposal charge, such charge to be determined by the director according to a schedule which he shall adopt and post at all treatment plants.
(g) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.
(Ord. of 12-15-08(2), § 26-2-24)
26-74 Protection from damage.
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities or treatment works.
(Ord. of 12-15-08(2), § 26-2-25)
26-75 Powers and authority of inspectors.
(a) The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this article and may secure warrants from the applicable court having jurisdiction in cases where admission is refused.
(b) The director or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(c) While performing the necessary work on private properties under this article the director or duly authorized employees of the city shall observe all safety rules applicable to the premises.
(Ord. of 12-15-08(2), § 26-2-26)
26-76 Wastewater permit fees.
Work done pursuant to the requirements of this article shall require the filing of a permit application and payment of a fifty dollar ($50.00) fee to the director. No work shall be commenced until the permit shall have been received by the party submitting the application and the permit fee has been paid for connection to the public sewer. In the event of state delegation as referenced in Division 1 of this article, this permit fee shall not be required and only those fees allowed under the applicable state regulations and rules shall be assessed.
(Ord. of 12-15-08(2), § 26-2-27)