Chapter 51 Sewers

BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 200°C, expressed in milligrams per liter.

BUILDING DRAIN. That part of the lowest 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 or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.

CHAPTER. This chapter.

COMBINED SEWER. A sewer which is designed and intended to receive wastewater, storm, surface and groundwater drainage.

CONTROL MANHOLE. A structure located on a site which from industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a CONTROL MANHOLE is to provide access for the city representative to sample and/or measure discharges.

DEBT SERVICE CHARGE. The amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, and the like) outstanding and shall be computed by dividing the annual debt service by the number of users connected to the wastewater facilities.

DIRECTOR. The Director of the Illinois Environmental Protection Agency.

EFFLUENT CRITERIA. As defined in any applicable “NPDES Permit.”

FEDERAL ACT. The Federal Water Pollution Control Act (33 USC §§ 1251 et seq) as amended by the Federal Water Pollution Control Act of Amendments of 1972 (Pub. L. 92-500) and (Pub. L. 93-243).

FEDERAL GRANT. The U.S. government participation in the financing of the construction of treatment works as provided for by Title II-Grants for Construction of Treatment Works of the Act and implementing regulations.

FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pre-treatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

INDUSTRIAL USER.

(1) Any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification

Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:

(a) Division A — Agriculture, forestry and fishing.

(b) Division B — Mining.

(d) Division E — Transportation, communications, electric, gas and sanitary service.

(e) Division I — Services.

(2) A user in the divisions listed may be excluded if it is determined by the city that it will introduce primarily segregated domestic wastes or wastes from sanitary convenience.

INDUSTRIAL WASTE. Any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.

MAJOR CONTRIBUTING INDUSTRY. An industrial user of the publicly owned treatment works that:

(1) Has a flow of 50,000 gallons or more per average work day; or

(2) Has a flow greater than 10% of the flow carried by the municipal system receiving the waste; or

(3) Has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Federal Act; or

(4) Is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.

MILLIGRAMS PER LITER. A unit of the concentration of water or wastewater constituent. It is 0.001 g of the constituent in 1,000 ml of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.

NATURAL OUTLET. Any outlet into a water-course, pond, ditch, lake, or other body of surface or groundwater.

NPDES PERMIT. Any permit or equivalent document or requirements issued by the Administrator, or, where appropriated by the Director, after enactment of the Federal Water, Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to section 402 of the Federal Act.

PERSON. Any and all persons, natural or artificial including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency or other entity.

pH. The logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlined in “Standard Methods.”

POPULATION EQUIVALENT. A term used to evaluate the impact of industrial or other waste on a treatment works or stream. One POPULATION EQUIVALENT is 100 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids.

PRETREATMENT. The treatment of waste-waters from sources before introduction into the wastewater treatment works.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles prevailing in public sewers, with no particle greater than ½ inch (1.27 centimeters) in any dimension.

PUBLIC SEWER. A sewer provided by or subject to the jurisdiction of the city. It shall also include sewers within or outside the city boundaries that serve one or more persons and ultimately discharge into the city sanitary (or combined sewer system), even though those sewers may not have been constructed with city funds.

REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operation and maintenance includes REPLACEMENT.

RESIDENTIAL, COMMERCIAL or NON-INDUSTRIAL USER. Any user of the treatment works not classified as an industrial user or excluded as an industrial user as provided for in this section.

SANITARY SEWER. A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and groundwaters or unpolluted industrial wastes are not intentionally admitted.

SEWAGE. Interchangeable with wastewater.

SEWER. A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage.

SEWERAGE. The system of sewers and appurtenances for the collection, transportation and pumping of sewage.

SEWERAGE FUND. The principal accounting designation for all revenues received in the operation of the sewerage system.

SLUG. 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 five times the average 24-hour concentration or flows during normal operation.

STANDARD METHODS. 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 ACT. The Illinois Anti-Pollution Bond Act of 1970, ILCS Ch. 30, Act 405, §§ 1 et seq.

STATE GRANT. The State of Illinois participation in financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with the Secretary of State.

STORM SEWER. A sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial wastes other than unpolluted cooling water.

STORMWATER RUNOFF. That portion of the precipitation that is drained into the sewers.

SURCHARGE. The assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than the concentration values established in § 51.67.

SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of SUSPENDED SOLIDS shall be made in accordance with procedures set forth in “Standard Methods.”

UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

USEFUL LIFE. The estimated period during which the collection system and/or treatment works will be operated and shall be 20 years from the date of start-up of any wastewater facilities constructed with a state grant.

USER CHARGE. A charge levied of users of treatment works for the cost of operation and maintenance.

USER CLASS. The type of user either residential or commercial (non-industrial) or industrial as defined herein.

WASTEWATER. The spent water of a community. From this standpoint of course, it may be a combination of the liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.

WASTEWATER SERVICE CHARGE. The charge per billing period levied on all users of the Wastewater Facilities. The service charge shall be computed as outlined in § 51.67 and shall consist of the total of the basic user charge, the debt service charge and a surcharge, if applicable.

WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with waste treatment plant or wastewater treatment plant or pollution control plant.

WATERCOURSE. A channel in which flow of water occurs, either continuously or intermittently.

WATER QUALITY STANDARDS. As defined in the Water Pollution Regulations of the state.

(Ord. S.R. 1982-6/SR, passed 8-3-82)

51.02 DEPOSITING OBJECTIONABLE WASTE PROHIBITED.

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 in any area under the jurisdiction of the city any human or animal excrement, garbage, or other objectionable waste.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.03 DISCHARGING UNTREATED SEWAGE OR OTHER POLLUTED WATERS TO NATURAL OUTLETS.

It shall be unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.04 PRIVIES, SEPTIC TANKS AND OTHER FACILITIES.

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.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.05 OWNERS RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES.

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, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet of the property line.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.06 TAMPERING WITH OR DAMAGING SEWAGE WORKS.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, 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 under charge of disorderly conduct.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.07 RIGHT OF ENTRY; INDEMNIFICATION; EASEMENTS ON PRIVATE PROPERTY.

(A) Duly authorized employees of the city and the U.S. Environmental Protection Agency and the State Environmental Protection Agency 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. The city or its representatives and the employees of EPA 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 waterway or facilities for waste treatment.

(B) While performing the necessary work on private properties referred to in division (A) of this section, the city or duly authorized employees of the city and the U.S. Environmental Protection Agency and the State Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city or EPA employees and the city shall indemnify the company against loss or damage to its property by city 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 company to maintain safe conditions as required in § 51.56(A).

(C) The city and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city 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 the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the term of the duly negotiated easement pertaining to the private property involved.

(Ord. 1982-SD-7, passed 8-3-82)

51.08 INDUSTRIAL COST RECOVERY.

(A) Industrial cost recovery required. Each industrial user shall pay that portion of any grant which has been obtained by the city for the financing of the construction of wastewater treatment works allocable to the treatment of the wastewater from such user. Such users share shall not include an interest component.

(B) Industrial cost recovery system. An industrial cost recovery system shall be developed if and when an industry does locate within the jurisdiction of the city. The system will be developed in accordance with Environmental Protection Agency guidelines and will be approved by the Environmental Protection Agency.

(Ord. S.R. 1982-6/SR, passed 8-3-82)

PRIVATE SEWAGE DISPOSAL SYSTEMS

51.15 CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL SYSTEM.

Where a public sanitary sewer is not available under the provisions of § 51.05, the gilding sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.16 PERMIT REQUIRED; APPLICATIONS.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the city. 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 are deemed necessary by the city. A permit and inspection fee of $5 shall be paid to the city at the time the application is filed.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.17 INSPECTION AND APPROVAL OF INSTALLATION.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city. The city shall be alluded to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 60 hours of the receipt of notice by the city.

(Ord. 1982-SD-7, passed 8-3-82)

51.18 COMPLIANCE WITH STATE REGULATION AND AGENCIES.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Private Sewage Disposal Licensing Act and Code and with the State Environmental Protection Agency. 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 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.19 CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER.

(A) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 51.05, a direct connection shall be made to the public sewer in compliance with this chapter and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(B) When a public sewer becomes available, the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.20 MAINTENANCE OF PRIVATE SEWAGE DISPOSAL FACILITIES.

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

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.21 NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS.

No statement contained in this subchapter shall be construed to interfere with any additional requirement that may be imposed by the County Board of Health.

(Ord. 1982-SD-7, passed 8-3-82)

BUILDING SEWERS AND CONNECTIONS

51.30 CONNECTION PERMIT REQUIRED.

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 city.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.31 BUILDING SEWER PERMITS.

(A) There shall be two classes of building sewer permits: one for residential and commercial service, and the other for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. A permit and inspection fee of $75 for a residential or commercial building sewer permit shall be paid to the city at the time the application is filed.

(B) A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

(Ord. 1982-SD-7, passed 8-3-82)

51.32 COSTS AND EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING SEWERS AND INDEMNIFICATION.

All costs and expense incident 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.

(Ord. 1982-SD-7, passed 8-3-82)

51.33 SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING.

A separate and independent building sewer shall be provided for every building; except that where one 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 building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 1982-SD-7, passed 8-3-82)

51.34 USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city to meet all requirements of this chapter.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.35 CONFORMANCE REQUIREMENTS.

(A) 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. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and standard specifications for water and sewer main construction in the state shall apply.

(B) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and standard specifications for water and sewer main construction in the state. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city before installation.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.36 BUILDING DRAINS; GRAVITY FLOWS TO PUBLIC SEWERS; APPROVED LIFTERS.

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 a means which is approved in accordance with § 51.31(A), and discharged to the building sewer.

(Ord. 1982-SD-7, passed 8-3-82)

51.37 CONNECTION TO RUNOFF OR GROUND WATER PROHIBITED.

No person shall make connection of roof down-spouts, 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 a public sanitary sewer.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.38 INSPECTION AND CONNECTIONS TO PUBLIC SEWER.

The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city or its representative.

(Ord. 1982-SD-7, passed 8-3-82)

51.39 EXCAVATIONS.

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 city.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

USE OF PUBLIC SEWERS; PROHIBITED DISCHARGE

51.50 DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE.

(A) No person shall discharge, or cause to be discharged, any stormwater, surface water, ground-water, roof runoff, subsurface drainage, un-contaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(B) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be dis-charged, on approval of the city, to a storm sewer, or natural outlet.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.51 PROHIBITED DISCHARGE TO PUBLIC SEWERS.

No person shall discharge or cause to be dis-charged any of the following described waters or wastes to any public sewers.

(A) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(B) 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.

(C) 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.

(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 sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like either whole or ground by garbage grinder.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.52 DISCHARGE OF CERTAIN WASTES RESTRICTED.

(A) 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 that such wastes can harm either the sewers, 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 its opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the 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 maximum limits established by regulatory agencies.

(B) The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150°F (650°C).

(2) Any waters or wastes containing toxic or poisonous materials 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°F (0 and 650°C).

(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 city.

(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, or 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 city 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 city 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 city in compliance with applicable state or federal regulations.

(8) Any waters or wastes having a pH in excess of 9.5.

(9) Any mercury or any of its compounds in excess of 0.0005 mg/l as Hg at any time except as permitted by the city in compliance with applicable state and federal regulations.

(10) Any cyanide in excess of 0.025 mg/l at any time except as permitted by the city in compliance with applicable state and federal regulations.

(11) 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 concentrations of wastes constituting slugs as defined herein.

(12) 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 agencies having jurisdiction over discharge to the receiving waters.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.53 RECOURSE FOR CITY UPON UNLAWFUL DISCHARGE.

(A) 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 § 51.52, and/or which are in violation of the standard for pretreatment provided in Chapter 1, EPA Rules and Regulations, subchapter D, Water Programs Part 128— Pretreatment Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973 and any amendments thereto, and which in the judgment of the city may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city 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 costs of handling and treating the wastes not covered by existing taxes of sewer charges, under the provisions of § 51.57 of this chapter.

(B) If the city 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 city, and subject to the requirements of all applicable codes, ordinances, and laws.

(Ord. 1982-SD-7, passed 8-3-82)

51.54 GREASE, OIL AND SAND INTERCEPTORS.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the city 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 city, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.55 PRELIMINARY TREATMENT FACILITIES.

Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.56 CONTROL MANHOLE MEASUREMENTS; TESTS AND ANALYSES.

(A) Each industry shall be required to install a control manhole and, when required by the city, 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 measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. 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.

(B) 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 latest 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 the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be nearest downstream manhole in the public sewer to the point at which the building sewer is connected. 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, or property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.

(Ord. 1982-SD-7, passed 8-3-82) Penalty, see § 51.99

51.57 INDUSTRIAL WASTES; SPECIAL AGREEMENT.

No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength of character may be accepted by the city for treatment, subject to payment therefore, in accordance with §§ 51.02 through 51.05 hereof, by the industrial concern.

(Ord. 1982-SD-7, passed 8-3-82)

RATES AND CHARGES; BILLINGS

51.65 BASIS FOR DETERMINING CHARGES.

(A) The wastewater service charge for the use of and for service supplied by the wastewater facilities of the city shall consist of a basic user charge for operation and maintenance plus replacement, a debt service charge and a surcharge, if applicable. The debt service charge shall be computed by dividing the annual debt service of all outstanding revenue bonds by the number of users. Through further divisions, the monthly debt service charges can be computed.

(B) The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes having the following normal concentrations:

(1) A five day, 20°C biochemical oxygen demand (BOD) of 210 mg/l.

(2) A suspended solids content of 250 mg/l.

(1) Estimate the projected annual revenue required to operate and maintain the wastewater facilities including a replacement fund for the year, for all works categories.

(2) Proportion the estimated costs to wastewater facility categories by volume, suspended solids and BOD, if possible.

(3) Estimate wastewater volume, pounds of suspended solids and pounds of BOD to be treated.

(4) Proportion the estimated costs to non-industrial and industrial users by volume, suspended solids and BOD.

(5) Compute costs per 1,000 gallons for formal sewage strength.

(6) Compute surcharge costs per 1,000 gallons per mg/l in excess of normal sewage strength for BOD and suspended solids.

(D) A surcharge will be levied to all users whose waters exceed the normal concentration for BOD (210 mg/l) and SS (250 mg/l). The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the 210 mg/l and 250 mg/l concentration for BOD and SS respectively. § 51.67 specifies the procedure to compute a surcharge.

(E) The adequacy of the wastewater service charge shall be reviewed annually by certified public accountants for the city in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in debt service or a change in operation and maintenance costs including replacement costs.

(Ord. S.R. 1982-6/SR, passed 8-3-82; Am. Ord. 2003-3, passed 2-25-03)

51.66 MEASUREMENT OF FLOW.

(A) The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increments of 100 gallons.

(B) If the person discharging wastes into the public sewers procures any part, or all, of his water from sources other than the public waterworks system, all or a part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the city for the purpose of determining the volume of water obtained from these other sources.

(C) Devices for measuring the volume of waste discharged may be required by the city if these volumes cannot otherwise be determined from the metered water consumption records.

(D) Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed, unless service is cancelled, without the consent of the city.

(Ord. S.R. 1982-6/SR, passed 8-3-82; Am. Ord. SR 1982-8, passed 9-21-82) Penalty, see § 51.99

51.67 RATE SCHEDULE; COMPUTATIONS.

(A) Minimum charges. There shall be and there is hereby established a minimum charge and a basic user rate for the use of and for service supplied by the wastewater facilities of the city. A minimum monthly charge based on the following schedule shall be applied to all users whose water consumption does not exceed 1,500 gallons monthly. A basic user rate per 1,000 gallons based on the following schedule shall be applied to all users for water consumption in excess of 1,500 gallons monthly:

	2019	2020	2021	2022	2023
Up to 1,500 gallons monthly	$16.50	$17.50	$18.50	$19.50	$20.50
Above 1,500 gallons monthly*	$2.54	$2.94	$3.34	$3.74	$4.14

*per 1,000 gallons or any part thereof

(B) Surcharge rate.

(1) The rates of surcharges for BOD5 and SS shall be as follows:

BOD5	0.13/100 mg/1 per 1,000 gallons
SS	0.17/100 mg/1 per 1,000 gallons

(2) The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the city and shall be binding as a basis for surcharges.

(C) Debt service. A debt service charge of $0.35 monthly to each user of the wastewater facility of the city is hereby established.

(D) Computation of wastewater charge. The wastewater service charge shall be computed by the following formula:

CW = CD + CM + (Vu-X)CU + CS

Where:

CW =	Amount of wastewater service charge ($) per billing period.
CD =	Debt service charge (division (C) of this section).
CM =	Minimum charge for operation, maintenance and replacement (division (A) of this section).
Vu =	Wastewater volume for the billing period.
X =	Allowable consumption in gallons for the minimum charge (division (A) of this section).
CU =	Basic user rate for operation, maintenance and replacement (division (A) of this section).
CS =	Amount of surcharge (division (B) of this section).

(Ord. S.R. 1982-6/SR, passed 8-3-82; Am. Ord. 1991-1, passed 3-18-91; Am. Ord. 2001-13, passed 9-25-01; Am. Ord. 2003-3, passed 2-25-03; Am. Ord. 2003-8, passed 6-24-03; Am. Ord. 2004-10, passed 6-22-04; Am. Ord. 2010-4, passed 4-27-10; Am. Ord. 2019-3, passed 2-12-19)

51.68 BILLING PROCEDURE.

(A) The rates or charges for service shall be payable monthly depending on the classification of service for which bills are rendered.

(B) The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premised by the city only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefore to the city.

(C) All sewer bills will be mailed by the tenth day of every month. All sewer bills are due and payable 15 days after being sent out. A penalty of 10% shall be added to all bills not paid by 2:00 p.m. on the fifteenth day thereafter. Water service to individuals with delinquent accounts shall be shut off ten days after the due date. When the city discontinues service for nonpayment of the bills a turn-on charge of $20 shall be assessed for the first time water is shut off for nonpayment and $50 shall be assessed for each time thereafter.

(Ord. S.R. 1982-6/SR, passed 8-3-82; Am. Ord. 2003-3, passed 2-25-03; Am. Ord. 2008-3, passed 4-8-08) Penalty, see § 51.99

51.69 DISCONNECTION FOR LATE PAYMENT.

(A) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and 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:

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

(2) No notice of delinquency beyond the information provided to customers upon their monthly statements shall be mailed to customers. Discontinuation of service shall occur as set forth elsewhere in this Code of Ordinances; and

(3) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his 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.

(B) Any residential customer who has received a bill for usage of sewer service, which is equal to at least three times the usage of that customer’s average usage over the previous 12 months as determined by the Water Clerk, shall be permitted to fill out an application for deferred payment. Said application shall be in the form prescribed by the Corporate Authorities of the City of Lewistown and shall be available in the office of the Water Clerk at City Hall. Applicants requesting deferred payments shall be bound by the terms of the application, clearly set forth thereon.

Any requests for delays or waiver of payment other than those set forth in the preceding paragraph will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or the request for a hearing as set forth in division (A)(3) of this section, 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.

(C) When it becomes necessary for the city to discontinue utility service to a customer for non-payment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20 for the first occasion on which the account at the subject property is disconnected and reconnected for non-payment and $50 for each additional occasion thereafter.

(Am. Ord. 2003-3, passed 2-25-03; Am. Ord. 2006-6, passed 4-11-06; Am. Ord. 2008-3, passed 4-8-08; Am. Ord. 2019-14, passed 11-12-19)

51.70 NOTICE OF DELINQUENCY; LIEN; FORECLOSURE.

(A) Whenever a bill for sewer service remains unpaid for 30 days for monthly service after it has been rendered, the City Treasurer shall file with the County Recorder of Deeds a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.

(B) If the user whose bill is unpaid is not the owner of the premises and the City Treasurer has notice of this, notice shall be mailed to the owner of the premises if his address be known to the Treasurer, whenever such bill remains unpaid for the period of 30 days for a monthly bill after it has been rendered.

(C) The failure of the City Treasurer to record such lien or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section.

(D) Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the city. The City Attorney is hereby authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 30 days in the case of a monthly bill after it has been rendered.

(Ord. S.R. 1982-6/SR, passed 8-3-82; Am. Ord. 2003-3, passed 2-25-03) Penalty, see § 51.99

51.71 DISPOSITION OF REVENUES.

All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account of the sewerage fund. All such revenues and moneys shall be held by the City Treasurer separate and apart from his private fund and separate and apart from all other funds of the city and all of the sums without any deductions whatever, shall be delivered to the City Treasurer not more than ten days after receipt of the same, or at such more frequent intervals as may from time to time be directed by the Mayor and City Council. The City Treasurer shall receive all such revenues from the sewerage system and all other funds and moneys incident to the operation of such system as the system as the same as may be delivered to him and deposit the same in the account of the fund designated as the “Sewerage Fund of the City.” The Treasurer shall administer such fund in every respect in the manner provided by statute of the “Revised Cities and Villages Act,” effective January, 1942.

(Ord. S.R. 1982-6/SR, passed 8-3-82)

51.72 TREASURER TO MAINTAIN ACCOUNT; ANNUAL AUDIT REPORT.

(A) The City Treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system.

(B) In addition to the customary operating statements, the annual audit report shall also, reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the regulations. In this regard, the financial information to be shown in the audit report shall include the following.

(1) Flow data showing total gallons received at the wastewater plant for the current fiscal year.

(2) Billing data to show total number of gallons billed.

(3) Debt service for the next succeeding fiscal year.

(4) Number of users connected to the system.

(5) Number of non-metered users.

(6) A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged.

(Ord. S.R. 1982-6/SR, passed 8-3-82)

51.73 NOTICE OF RATES.

A copy of this subchapter properly certified by the City Treasurer, shall be filed in the office of the Recorder of Deeds of the county and shall be deemed notice to all owners of real estate of the charges of the sewerage system of the city on their properties.

(Ord. S.R. 1982-6/SR, passed 8-3-82)

51.74 ACCESS TO RECORDS.

The Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the city which are applicable to the city system of user charges or industrial cost recovery, for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with the terms of the grant received by the city.

(Ord. S.R. 1982-6/SR, passed 8-3-82)

51.75 SEWAGE DUMPING CHARGES.

(A) The rate charged for sludge and septic waste hauled to and accepted by the City of Lewistown sewage treatment plant shall be $300 per load; provided, however, that no individual, corporation or other entity shall be permitted to dispose of more than six loads of sludge and/or septic waste per calendar month.

(B) Any individual, corporation or other entity desiring to dump sludge or septic waste at the sewage treatment plant shall contact the City of Lewistown between the hours of 7:00 a.m. and 3:00 p.m. to schedule a time to do so. An employee of the City of Lewistown must be present at all times during the dumping of any sludge or septic waste. Dumping of any sludge, septic waste or other substance which contains any amount of grease is expressly prohibited.

(C) Any individual, corporation or other entity found to have violated any provision of this section shall be subject to the penalty described in § 10.99 and shall be prohibited from further dumping of any kind at the sewage treatment plant.

(Ord. 2016-1, passed 3-29-16)

51.98 VIOLATIONS.

(A) Any person found to be violating §§ 51.02 through 51.05, 51.07, and 51.15 through 51.57, 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.

(B) Any person violating any of the provisions §§ 51.02 through 51.05, 51.07, and 51.15 through 51.57 shall become liable to the city by reason of such violation.

(Ord. 1982-SD-7, passed 8-3-82)

51.99 PENALTY.

(A) Any person who shall continue any violation beyond the time limit provided for in § 51.98, will be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $750 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 1982-SD-7, passed 8-3-82)

(B) Any person, firm or corporation violating any provisions of this §§ 51.68 through 51.74 shall be fined not less than $50 nor more than $750 for each offense. (Ord. S.R. 1982-6/SR, passed 8-3-82)