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HomeMy WebLinkAboutOrd1981-495 . . 7/7/81 FA/JES/jes Introduced By: City Manager . Introduction Date: 6/11/81 Public Hearing and 7/13/81 Enactment: CITY OF SEWARD, ALASKA ORDINANCE NO. 495 ESTABLISHING THE CITY OF SEWARD SEWER USE ORDINANCE, CREATING CHAPTER 24 OF THE SEWARD CITY CODE THE CITY OF SEWARD ORDAINS: Section 1. Chapter 24, Articles 24.10 through 24.70 of the Seward City Code are hereby created to read as follows: ARTICLE 24.10 GENERAL Sec. 24.10.010 Purposes. . In order to protect the waters within and adjacent to the city from pollution and to promote the health, safety, and welfare of the residents, a sewage works has been developed to be operated by the City for collection, treatment, and disposal of wastewater. This ordinance is enacted in order to provide for the functions of sewage collection and disposal. Sec. 24.10.020 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C., expressed in milligrams per liter. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Building Sewer shall mean the extension from the building drain to the service connection or other place of disposal. . City shall mean the City of Seward and/or any authorized agent of the City. . . . City of Seward Ordinance No. 495 Page Two . . Sec. 24.10.020 Definitions. (cont'd) Clean-out shall mean a pipe inserted into the sewer extension through which a cleaning device can be inserted into the sewer extension. Collection System shall mean the system of public sewers to be operated by the City and designed for the collection of sewage. Combined Sewer shall mean a sewer receiving both surface runoff and sewage. Commercial User shall mean a person or premises used for commercial or business purposes which discharges domestic waste, not industrial waste. Composite shall mean the make-up of a number of individual samples so taken as to represent the nature of sewage or industrial wastes. Constituents shall mean the combination of particles or conditions which exist in the industrial wastes. Domestic Waste shall mean any sewage emanating from residential dwellings or from domestic activities by or for private citizens having a BOD of less than 250 ppm and/or a total suspended solids of less than 250 ppm. Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. Industrial User shall mean a person or premises which discharges sewage having the characteristics of industrial wastes as distinct from domestic wastes or which has a BOD of 250 ppm or greater and/ or which has a Total Suspended Solids of 250 ppm or greater. Industrial Wastes shall mean the sewage from industrial manufacturing processes, trade, or business as distinct from domestic waste. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface water or ground water. On-Site Sewage Disposal shall mean the use of any prury, cesspool, septic tank or similar facility for disposal of sewage which is not connected to the collection system. Person shall mean any individual, firm, company, association, society, corporation, or group. ~ shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Pretreatment shall mean that physical treatment given to sewage prior to discharge into the collection system, or those processes utilized for this purpose. . . . . . City of Seward Ordinance No. 495 Page Three Sec. 24.10.020 Definitions (cont'd) Properly Shredded Garbage shall mean the remnants from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the collection system, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension or overall. Public Sewer shall mean any sewer collection system operated by or under the authority of the City of Seward. Public Works Department refers to the City of Seward Public Works Department. Receiving Waters shall mean those natural outlets into which sewage is discharged. Residential or Domestic User shall mean a person or premises who discharges an average normal volume of domestic waste to the collection system. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Service Connection shall mean the pipe and appurtenances required to connect an individual property or facility to the sanitary sewer. The service connection shall start at the collection system and terminate at the property line or easement limit and shall not include the building sewer. Sewage shall mean any combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage. Sewage Works shall mean all facilities for collection, pumping, treating, and disposing of sewage. Sewer shall mean a pipe or conduit for carrying sewage. Shall or Will is mandatory; May is permissive. . . . . . City of Seward Ordinance No. 495 Page Four Sec. 24.10.020 Definitions (cont'd) Slug shall mean any individual or combined discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. Storm Drain and Storm Sewer shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Suspended Solids shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Toxic shall mean constituents of sewage which are considered from time to time by the U.S. Environmental Protection Agency in its listing of NRDC Priority Pollutants Schedule as adversely affecting facilities or conditions similar to the collection system, the Sewage Treatment Plant, or the receiving waters. ARTICLE 24.20 USE OF PUBLIC SEWERS REQUIRED Sec. 24.20.010. Time of Connection. Whenever a public sewer system is installed and accepted by the City for operation, each owner of a parcel upon which a house, building, or property is used for human occupancy, employment, recreation, or other purposes situated within the City of Seward and any boundary of which is within 200 feet of the sewer system shall install a building sewer to the service connection within 120 days; provided, that this time period may be extended for a maximum of 120 additional days at the discretion of the City Engineer due to adverse weather conditions. This requirement shall not be affected by the availability of any on-site sewage disposal system. Sec. 24.20.020. Unlawful Discharge. It shall be unlawful to discharge sewage in any unsanitary manner on public or private lands or any natural outlet within the city limits of Seward. Sec. 24.20.030. Property Owner Responsibility. Each property owner shall be solely responsible for the installation, maintenance and operation of any building sewer or anyon-site sewage disposal system, whether or not such system has been approved or inspected by the City. . . . . . City of Seward Ordinance No. 495 Page Five Sec. 24.20.040 Construction of On-Site System. It shall be unlawful to construct or maintain any on-site sewage disposal system within the City of Seward unless the following conditions are met: (a) No public sewer is available within 200 feet of any property line or boundary upon which the structure to be serviced is located. (b) The proposed system meets at least the following minimum design criteria: (1) A minimum lot size of one acre, or meets the minimum separation required between a private well as provided in Sec. 24.20.040 (b) (3). (2) A minimum allowable percolation rate of 60 minutes/inch (MPI). Systems with less percolation than 60 MPI must be designed by an engineer registered in the State of Alaska. (3) A minimum of 100 feet separation of any treatment or disposal system from a private well. Private sewer lines must be a minimum of 25 feet from a private well. (4) A minimum septic tank size of 1000 gallons for a three bedroom home and 250 gallons for each additional bedroom. Manual of Education (5) Leach field capacity shall conform to the Septic Tank Practices, U.S. Department of Health, and Welfare. (c) Review and approval of the system by the City Engineer. (d) System meets all requirements of the Alaska Department of Environmental Conservation as being adequate to protect the ground water and general public welfare. (e) The owner agrees to comply with Sec. 24.20.010. (f) All construction methods and details for on-site sewage disposal systems shall follow standard accepted practice. . . . . . City of Seward Ordinance No. 495 Page Six ARTICLE 24.30 BUILDING SEWERS AND CONNECTIONS Sec. 24.30.010 Permit Required. A sewer hook-up permit must be obtained from the City prior to making a connection to a public sewer. All work must be inspected and coordinated within the Department of Public Works. Sec. 24.30.020 Separate Connections and Sewers Required. A separate service connection and building sewer shall be provided for every building unless physical constraints prevent it. Old service connections and building sewers may be used only if they are in good repair. Construction of the service connection shall meet the Uniform Plumbing Code and Building Code. Adequate cleanouts must be provided. All con- nections to existing sewers shall be with a saddle. Sec. 24.30.030 Minimum Standards. All sewer lines shall meet the minimum standards as set forth in Sec. 22-10 of this Code. Sec. 24.30.040 Check Valve Required. All new building sewers shall include a check valve, if the lowest outlet in the building to be served is below the elevation of the top of the manhole nearest the downstream pump station. Sec. 24.30.050 Property Owner Costs. All costs and expenses incidental to the installation and connection of the building sewer and any necessary service connection shall be borne by the owner. The owner shall be assessed a one-time hook-up fee. ARTICLE 24.40 USE OF THE PUBLIC SEWERS Sec. 24.40.010 Unlawful Connections. It shall be unlawful to connect roof downspouts, exterior foundation drains, area runoff or ground water to a building sewer or building drain. In addition, it shall be unlawful to discharge uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. . . . . . City of Seward Ordinance No. 495 Page Seven Sec. 24.40.020 Unlawful Discharges. (a) No person shall discharge or cause to be discharged any of the following-described waters or wastes in any public sewer: (1) Any gasoline, benzene, naptha, fuel oil, or other explosive liquid, solid, or gas. (2) Any waters or wastes 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 sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer. (3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. ~) 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 sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunchmanur~ hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (b) No person shall discharge or cause to be discharged the following-described substances, materials, waters, or wastes if it appears likely in the opinion of the City Engineer that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the City Engineer will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials and construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: . . . . . City of Seward Ordinance No. 495 Page Eight Sec. 24.40.020 Unlawful Discharges. (cont'd) (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F. (65 degrees C.). (2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/L or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F. (0 and 65 degrees C.). (3) Any garbage that has not been properly shredded. (~ acid iron, pickling whether neutralized or wastes containing strong concentrated plating solutions Any waters wastes, or or not. ARTICLE 24.50 PROTECTION FROM DAMAGE Sec. 24.50.010 Unlawful Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the sewage works. Sec. 24.50.020 Frozen Lines. The customer is responsible for all frozen and/or plugged service connections and building sewers unless it is determined that the back-up and/or freezing was caused by a main line plug or failure. In any case, liability of the City shall be limited to reimbursement for use of a power rodder or for steam thawing performed by an authorized contractor. Sec. 24.50.030 Consequential Damages. The City shall not be responsible for any consequential damages caused by any failure of the sewage works. ARTICLE 24.60 PENALTIES Sec. 24.60.010 Responsibility for Sewer User Charges. The person who owns the premises served by public sewer shall be responsible for payment of any sewer user charges for that property notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay said charges. . . . . . City of Seward Ordinance No. 495 Page Nine Sec. 24.60.020 Monthly Billing. The users of the sewerage system shall be billed on a monthly basis for services in accordance with the rate schedules adopted by the City Council. Failure of the City to bill for services does not relieve the user of payment responsibility although back charges shall be limited to the most recent six month period. Sec. 24.60.030 Billing Date/Due Date. The date of billing shall be the first day of each month following the month for which the sewer user charge is calculated. Sewer user charges shall be due and payable to the Seward Utility no later than fifteen days after the date of billing. Sec. 24.60.040 Unpaid Charge as Lien. Sewer user charges levied in accordance with this ordinance shall be a debt due to the City and a lien upon the property. If this debt is not paid by the nineteenth day of the month after it shall be due and payable, it and any subsequent bills shall be deemed delinquent and may be recovered by civil action in the name of the City against the property owner, the person, or both. Sec. 24.60.050 Interest on Delinquent Accounts. Interest at a rate not greater than the amount permitted by law shall accrue on all accounts from the date of delinquency. In addition, a penalty shall be assessed at the rate of one percent per month from the date of delinquency which shall be added to the account and shall accrue interest in the same manner as all other delinquent charges, beginning on the nineteenth of the month during which the billing was made. Sec. 24.60.060 Discontinuance of Service Due to Delinquency in Payment. In the event of failure to pay sewer charges after they have become delinquent, the City shall have the right to remove or close sewer connections and/or discontinue water service, and enter upon the property for accomplishing such purposes. The expense of such discontinuance, removal or closing, as well as the expense of restoring service, shall be a debt due to the City and a lien upon the property and may be recovered by civil action in the name of the City against the property owner, the person, or both. Sewer service shall not be restored until all charges, including interest accrued and the expense of removal, closing and restoration shall have been paid. . . . . . City of Seward Ordinance No. 495 Page Ten Sec. 24.60.070 Change of Ownership/Occupancy. Change of ownership or occupancy of premises delinquent shall not be cause for reducing or eliminating these penalties. Sec. 24.60.080 Violations. Any person found to be violating any prOV1S10ns of this ordinance, except those relating to user charges, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Sec. 24.60.090 Penalties. Any person who shall continue any violation beyond the time limit provided for in the written notice sited in Sec. 24.60.080 shall be guilty of a misdemeanor in addition to being liable in damages and, upon conviction thereof, shall be fined in an amount not exceeding $25 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Sec. 24.60.100 Liability. Any person violating any of the prOV1S1ons of this ordinance shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation. ARTICLE 24.70 USER CHARGE SYSTEM Sec. 24.70.010 User Charges Established by Resolution. The Seward City Council is hereby authorized to establish by resolution a user charge system and levy such charges to the users of the sewer system and/or sewage treatment facility. The charges levied may include adequate funds for debt retirement, maintenance, improvement and upkeep costs, and yearly operating costs of the sewer system and sewage treatment works. Sec. 24.70.020 Service Connection Fee Established by Resolution. The Seward City Council is hereby authorized to establish by resolution a service connection fee and levy such fee to any person desiring or required to connect to public sewer. The service connection fee may only be levied once for each connection. The service connection fee may include funds for inspection, bond debt retirement, and capital improvements. . . . . City of Seward Ordinance No. 495 Page Eleven . Section 2. This ordinance shall become effective ten days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 11th day of T111 y , 1981. CITY OF SEWARD, ALASKA ,f"' 0'1 /:., I\" Raymon~ L. Hugli / Mayor AYES: NOES: ABSENT: Campbell, Gillespie, Hugli, O'Brien, Soriano and Swartz None Cripps ATTEST: (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL IX BRUNDIN Attorneys for the City of Seward, Alaska U(l/~ Fred Arvidson