Chapter 13.10
REGULATING PUBLIC AND PRIVATE SEWERS – WASHBURN
Sections:
13.10.020 Use of public sewers required.
13.10.030 Private sewage disposal.
13.10.040 Building sewers and connections.
13.10.050 Use of the public sewers.
13.10.060 Protection from damage.
13.10.070 Powers and authority of inspectors.
13.10.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
“Applicant” shall mean a person or persons applying for sewer service as owner, agent for owner, or tenant of property in the District.
“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 days at 20 degrees Celsius, expressed in milligrams per liter.
“Board of Supervisors” shall mean the Board of Supervisors of the County of Black Hawk, state of Iowa.
“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 feet (1.5 meters) outside the inner face of the building wall.
“Building sewer” shall mean the extension from the building drain to the public grinder pumping station or other place of disposal.
“Combined sewer” shall mean a sewer receiving both surface runoff and sewage.
“County” shall mean the government of Black Hawk County, a political subdivision of the state of Iowa.
“County Engineer” shall mean the professional engineer appointed by the Board of Supervisors to the position of County Engineer of Black Hawk County.
“County Sanitarian” shall mean the person authorized by the Board of Supervisors or County Board of Health to inspect and license private sewage disposal systems within the County.
“Customer” shall mean a person or persons who make application for sewer service for which service charges are incurred.
“District” shall mean the area served by the Washburn area sanitary sewerage system, Black Hawk County, Iowa, as legally described in Exhibit “A” attached to the ordinance codified in this chapter.
“Garbage” means the byproducts of animal or vegetable foodstuffs resulting from the handling, preparation, cooking or consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay may serve as breeding or feeding material for flies, insects or animals.
“Industrial wastes” shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
“Licensed plumber” shall mean plumbers licensed by the City of Waterloo, Iowa, to perform plumbing services in the City of Waterloo, Iowa.
“May” is permissive.
“Meter” shall mean a mechanical device used to measure water quantity.
“Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
“Owner” shall mean the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts.
“Person” shall mean any individual, firm, company, association, society, corporation or group.
“pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
“Plumbing Inspector” shall mean the person or other entity authorized by the Board of Supervisors to inspect building drains and building sewers connected to the public sewer, or his/her authorized representative.
“Properly shredded garbage” shall mean the wastes 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 public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
“Public sewer” shall mean a sewer which is owned and controlled by Black Hawk County.
“Sanitary sewer” shall mean a sewer which carries sewage, and to which storm, surface and ground waters are not intentionally admitted.
“Service charge” shall mean charges to customers as authorized by the Black Hawk County Board of Supervisors in Chapter 13.15 BHCC and as may, from time to time, be amended.
“Sewage” shall mean a 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 collecting, pumping, transporting, treating and disposing of sewage.
“Sewer” shall mean a pipe or conduit for conveying sewage.
“Sewer user” shall mean each separate residential, governmental or commercial unit used for human occupancy, employment, recreation or other purposes that generates sewage that is conveyed and treated by the Washburn area sanitary sewerage system. Buildings having more than one such unit shall be considered as having the same number of “sewer users” as the number of individual units. Thus, a duplex has two “sewer users,” a fourplex has four sewer users, etc.
“Shall” is mandatory.
“Slug” shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than four times the average 24-hour concentration or flows during normal operation.
“Storm drain” (sometimes termed “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.
“Superintendent” shall mean the Superintendent of the Washburn area sanitary sewerage system of Black Hawk County, Iowa, or his authorized deputy agent or representative, said Superintendent to be properly licensed by the state of Iowa and authorized by the Board of Supervisors to operate the Washburn area sanitary sewerage system.
“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.
“Washburn area sanitary sewerage system” shall mean the sewage works for all facilities for collecting, pumping, transporting, treating and disposing of sewage collected within the District.
“Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.
“Waterloo” shall mean the government of Waterloo, Iowa, a political subdivision of the state of Iowa, located in Black Hawk County.
“Waterloo Water Works” shall mean the City of Waterloo Water Works administered by a Board of Trustees according to Iowa Code Chapter 388. [Ord. 125, 2014; Ord. 47 Art. 1, 2000. Code 2009 § 4-5-1.]
13.10.020 Use of public sewers required.
A. 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 District, any human or animal excrement, garbage or other objectionable waste.
B. It shall be unlawful to discharge to any natural outlet within the District any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. Except as hereinafter provided, 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 sewage.
D. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the District and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer in the District, are hereby required, at their 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 chapter, within 60 days after date of official notice to do so; provided, that said public sewer is within 100 feet (30.5 meters) of the property line. Billing for sanitary sewer service will begin 60 days after the date of official notice to connect to the public sewer issued by the Black Hawk County Board of Supervisors.
E. All owners or applicants requesting connection of new or proposed buildings to the public sewer shall apply to the Board of Supervisors for permission to make such connection. The Board of Supervisors may approve such connections if the public sewer and the Washburn area sanitary sewerage system are determined by the Board or their representative(s) to have sufficient reserve capacity to accept the additional sewage and after the owners or applicants pay the fees outlined in the Washburn area sanitary sewerage system rates, Chapter 13.15 BHCC. [Ord. 47 Art. 2, 2000. Code 2009 § 4-5-2.]
13.10.030 Private sewage disposal.
A. Where a public sanitary sewer is not available under the provisions of BHCC 13.10.020(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
B. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the County Sanitarian. The application for such permit shall be made on a form furnished by the County, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the County Sanitarian. A permit and inspection fee shall be paid to the County, at the time the application is filed, in such amount as required by the County Sanitarian.
C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the County Sanitarian. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the County Sanitarian when the work is ready for final inspection, and before any underground portions are covered.
D. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Iowa Department of Natural Resources and the Black Hawk County Board of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool 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 sewage disposal system, as provided in subsection H of this section, a direct connection shall be made to the public sewer in compliance with this chapter.
F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the County.
G. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the County Sanitarian.
H. When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days. [Ord. 47 Art. 3, 2000. Code 2009 § 4-5-3.]
13.10.040 Building sewers and connections.
A. 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 Superintendent.
B. There shall be one class of building sewer permits for residential and commercial service. The owner or his agent shall make application on a special form furnished by the Plumbing Inspector. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Plumbing Inspector. A permit and inspection fee as required by the Plumbing Inspector for a residential or commercial building sewer permit shall be paid to the Plumbing Inspector at the time the application is filed.
C. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the County from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall operate and maintain the building sewer in a sanitary manner at all times, at no expense to the County.
D. A separate and independent building sewer shall be provided for every building.
E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test as required by the Plumbing Inspector, to meet all requirements of this chapter.
F. The size, slope, alignment, and 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 codes or other applicable rules and regulations of the County. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
G. No person shall make connection of roof downspouts, sump pumps, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer.
H. The connection of the building into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the County. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation.
I. The applicant for the building sewer permit shall notify the Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Plumbing Inspector or his representative.
J. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County Engineer. Excavations within the County’s public property require a utility excavation permit from the County Engineer, prior to excavation. [Ord. 64, 2001; Ord. 47 Art. 4, 2000. Code 2009 § 4-5-4.]
13.10.050 Use of the public sewers.
A. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains and sump pump discharges, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
B. Storm water, cooling water and all other unpolluted drainage shall not be discharged to the public sanitary sewer.
C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers:
1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas or any lubricating oil and/or grease or strong chemicals.
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 pumping, sewage conveyance or 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 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.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, pumping stations, force mains or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, gravel, stone, seafood shells, mud, straw, shavings, metal, glass, rags, diapers, socks, cloth, sanitary napkins, tampons, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Any waters or wastes having (a) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids, or (c) having an average daily flow greater than one percent of the average sewage flow of the District, or as otherwise required by the Superintendent, shall be subject to review of the Superintendent. Where necessary, in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (a) reduce the biochemical oxygen demand to 300 parts per million by weight, or (b) reduce the suspended solids to 350 parts per million by weight, or (c) control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
D. 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 Superintendent, that such wastes can harm either the sewers, pumps, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the pumps and sewers, materials of 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:
1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
2. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius).
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
6. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
8. Any waters or wastes having a pH in excess of 9.5.
9. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. 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 subsection D of this section, and which in the judgment of the Superintendent may have a deleterious effect upon the sewers, pumps, sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent 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; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection J of this section.
If the Superintendent 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 Superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.
F. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing 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 Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurements of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with the plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the twenty-second edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or sample should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.)
J. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the County and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the County for treatment, subject to payment therefor, by the industrial concern. [Ord. 131, 2014; Ord. 47 Art. 5, 2000. Code 2009 § 4-5-5.]
13.10.060 Protection from damage.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest and prosecution. [Ord. 47 Art. 6, 2000. Code 2009 § 4-5-6.]
13.10.070 Powers and authority of inspectors.
A. The Superintendent and duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. In the case of industrial users, the Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. While performing the necessary work on private properties referred to in subsection A of this section, the Superintendent or duly authorized employees of the County shall observe all safety rules applicable to the premises and the owner of said premises shall be held harmless for injury or death to the County employees and the County shall indemnify the company against loss or damage to its property by the Superintendent and County employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in BHCC 13.10.050(H).
C. The Superintendent and duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter all private properties through which the County holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. [Ord. 47 Art. 7, 2000. Code 2009 § 4-5-7.]
13.10.080 Penalties.
A. Any person found to be violating any provision of this chapter except BHCC 13.10.050 shall be served by the County 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.
B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a County infraction under Iowa Code Section 331.307, and on conviction thereof shall be fined in the amount not exceeding $500.00 for each violation or not more than $750.00 for each repeat offense. Each day in which any such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this chapter shall become liable to the County for any expense, loss, or damage occasioned the County by reason of such violation. [Ord. 47 Art. 8, 2000. Code 2009 § 4-5-8.]