HomeMy WebLinkAboutAmending Various Sections of Chapter 17 Sewers & Water p S •
ORDINANCE No. 7942-88
Passed by the Common Council of the City of South Bend, Indiana
- November 28, 1Q88
Attest: City Clerk
IRENE K. GAMMON
Attest: ■ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
November 29 19 88
City Clerk
IRENE K. GAMMON
Approved and signed by me /, 21 �9 d'
0474_
Mayor
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SUBSTITUTE
BILL NO. 103-88
ORDINANCE NO. f(,Q -a z
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING VARIOUS SECTIONS OF CHAPTER 17
OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
COMMONLY KNOWN AS SEWERS AND WATER
STATEMENT OF PURPOSE AND INTENT
The Common Council acknowledges that the City has
heretofore constructed and has in operation sewage works for the
purpose of collecting and disposing of the sewage of the City in a
sanitary manner and proposes to construct improvements thereto
financed in part by a grant from the U.S. Environmental Protection
Agency; and
The Common Council recognizes that an examination of the
existing schedule of rates and charges heretofore fixed by
ordinance of the City has revealed that the schedule creates
inequities between the classes of users, and fails to meet
guidelines set by the U.S. Environmental Protection Agency for
recipients of federal grants; and
The Common Council further believes that it is necessary
to establish a new schedule of rates and charges so as to produce
sufficient revenue to pay expenses of maintenance and operation, to
provide funds for necessary replacements and improvements to the
sewage works, and to pay the principal and interest on the proposed
revenue bonds in accordance with the applicable bond ordinance, all
in a manner in accordance with the guidelines of the U.S.
Environmental Protection Agency.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana, as follows:
SECTION I. Chapter 17 , Article 2 of the South Bend
Municipal Code is hereby deleted in its entirety and replaced with
the following:
ARTICLE 2. SEWERS.
DIVISION 1. DEFINITIONS
Section 17-5. Definitions.
As used in this article:
(a) AMMONIA (or NH3-N) shall mean the same as Ammonia Nitrogen
measured as Nitrogen. The laboratory determinations shall be made
in accordance with procedures set forth in "Standard Methods" as
defined in this article.
(b) BIOCHEMICAL OXYGEN DEMAND (or BOD) of sewage, sewage
effluent, polluted waters or industrial wastes shall mean the rate
at which microorganisms use the oxygen in water or wastewater while
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Board of Public Works or duly authorized officials or Boards acting
in its behalf.
(d) BUILDING (or House) DRAIN means the lowest horizontal piping
of building drainage system which receives the discharge from
waste, and other drainage pipes inside the walls of the building
and conveys it to a point approximately five ( 5) feet outside the
foundation wall of the building or house.
1. Building Drain [Sanitary] - A building drain which
conveys sanitary or industrial sewage only.
2. Building Drain [Storm] - A building drain which conveys
storm water or other clean water drainage, but no wastewater.
(e) BUILDING (or House) LATERAL SEWER means the extension from
the building drain to the sewage system or other place of
disposal. (Also called house connections. )
1. Building Sewer [Sanitary] - A building sewer which
conveys sanitary or industrial sewage only.
2. Building Sewer [Storm] - A building sewer which conveys
storm water or other clean water drainage, but no wastewater.
(f) CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (or CBOD) of sewage,
sewage effluent, polluted waters or industrial wastes shall mean
the the rate at which microorganisms use the oxygen in water or
wastewater while stabilizing decomposable carbonaceous organic
matter under aerobic conditions. The laboratory determinations
shall be made in accordance with procedures set forth in "Standard
Methods" as defined in this article.
(g) CFR means Code of Federal Regulations.
(h) CHEMICAL OXYGEN DEMAND (or COD) of sewage, sewage effluent,
polluted waters or industrial wastes is a measure of the oxygen
consuming capacity of inorganic and organic matter present in
wastewater. The laboratory determination shall be made in
accordance with procedures set forth in "Standard Methods" .
(i) CITY ENGINEER means the City Engineer of the City, or his
authorized deputy, agent or representative.
( j ) COLLECTOR SEWER shall mean a sewer whose primary purpose is
to collect wastewaters from individual point source discharges.
(k) COMBINED SEWER shall mean a sewer intended to receive both
wastewater and storm or surface water.
( 1) COMMERCIAL USER - shall mean any establishment involved in a
commercial enterprise, business or service which based on a
determination by the City discharges primarily segregated domestic
wastes or wastes from sanitary conveniences.
(m) COMPATIBLE POLLUTANT shall mean biochemical oxygen demand,
suspended solids, pH and fecal coliform bacteria, plus additional
pollutants identified in the NPDES Permit if the treatment works
was designed to treat such pollutants and in fact does remove such
pollutants to a substantial degree. The term substantial degree is
not subject to precise definition, but generally contemplates
removals in the order of 80 percent or greater. Minor incidental
removals in the order of 10 to 30 percent are not considered
substantial. Examples of the additional pollutants which may be
considered compatible include:
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5. fats, oils and greases of animal or vegetable origin
(except as prohibited where these materials would
interfere with the operation of the treatment works) .
(n) DEBT SERVICE COST shall mean the average annual principal and
interest payments on all proposed revenue bonds or other long-term
capital debt.
(o) DIRECTOR shall mean the Director of the Environmental
Services of the City of South Bend, Indiana, or his authorized
deputy, agent or representative.
(p) EASEMENT shall mean an acquired legal right for the specific
use of land owned by others.
(q) EFFLUENT DATA means information necessary to determine the
identity, amount, frequency, concentration, temperature or other
characteristics of any pollutant discharged.
(r) EPA means the U.S. Environmental Protection Agency or a duly
authorized official of that agency.
(s) EQUIVALENT CONNECTION shall mean the ratio of the
cross-sectional area of a water meter connection to the
cross-sectional area of a 5/8" water meter connection. The
following table displays the "Equivalent Connection" of various
size water meters:
Water Meter Size Equivalent Connection
5/8" 1.0
3/4" 1.4
1" 2. 5
1 1/4" 4.0
1 1/2" 5.8
2" 10.0
3" 23.0
4" 41.0
6" 92.0
8" 164.0
10" 256.0
12" 369.0
(t) EXCESSIVE STRENGTH SURCHARGE shall mean an additional charge
which is billed to users for treating compatible sewage wastes with
an average strength in excess of "normal domestic sewage" .
(u) FECAL COLIFORM shall mean any of a number of organisms common
to the intestinal tract of man and animals, whose presence in
sanitary sewage is an indicator of pollution.
(v) FLOATABLE OIL shall mean oil, fat or grease in a physical
state, such that will separate by gravity from wastewater by
treatment in a pretreatment facility approved by the City.
(w) FORCE MAIN shall mean a pipe in which wastewater is carried
under pressure.
(x) GARBAGE shall mean any solid wastes from the preparation,
cooking or dispensing of food and from handling, storage or sale of
produce.
(y) GOVERNMENTAL USER shall mean any Federal, State or local
governmental user of the wastewater treatment works.
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(bb) INCOMPATIBLE POLLUTANT - Any pollutant that is not defined as
a compatible pollutant, including nonbiodegradable dissolved
solids, and further defined in Regulation 40 CFR Part 403.
(cc) INDUSTRIAL USER shall mean any manufacturing or processing
facility that discharges industrial waste to a wastewater treatment
works.
(dd) INDUSTRIAL WASTES - Any solid, liquid or gaseous substances
or form of energy discharged, permitted to flow or escape from an
industrial, manufacturing, commercial or business process or from
the development, recovery or processing of any natural resource
carried on by a person and shall further mean any waste from an
, industrial sewer.
(ee) INFILTRATION shall mean the water entering a sewer system,
including building drains and sewers, from the ground, through such
means as, but not limited to, defective pipes, pipe joints,
connections or manhole walls. (Infiltration does not include and
is distinguished from inflow. )
(ff) INFILTRATION/INFLOW shall mean the total quantity of water
from both infiltration and inflow without distinguishing the
source.
(gg) INFLOW shall mean the water discharged into a sewer system,
including building drains and sewers, from such sources as, but not
limited to, roof leader, cellar, yard and area drains, foundation
drains, unpolluted cooling water discharges, drains from springs
and swampy areas, manhole covers, cross connections from storm
sewers, and combined sewers, catch basins, storm waters, surface
runoff, street wash waters or drainage. (Inflow does not include,
and is distinguishable from infiltration. )
(hh) INSPECTOR shall mean the person or persons duly authorized by
the City through its Board of Public Works to inspect and approve
the installation of building sewers and their connection to the
public sewer system.
(ii) INTERCEPTOR SEWER shall mean a sewer whose primary purpose is
to transport wastewater from collector sewers to a treatment
facility.
( jj ) INSTITUTIONAL USER shall mean any establishment involved in a
social, charitable, religious, and/or educational function which,
based on a determination by the City discharges primarily
segregated domestic wastes or wastes from sanitary conveniences.
(kk) INTERFERENCE means the inhibition or disruption of the
Municipal sewer system, treatment processes or operations which
contributes to a violation of any requirement of its NPDES permit,
and/or any other waste disposal permit, and/or the inhibition or
disruption of any receiving systems thereof.
( 11) MAJOR CONTRIBUTOR - A contributor that:
1. has a flow of more than 50,000 gallons per average
workday.
2. has in its waste a toxic pollutant in toxic amounts
as defined in Section 307(a) of the Federal Act or
State Statutes and rules.
3 . is found by the City, State Control Agency or the
U.S_ Environmental Protection Aaenev (USEPA) to have
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(mm) MAY shall mean the indication of a discretionary condition.
(nn) MG/L means milligrams per liter.
(oo) NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT
STANDARD means any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307(b) and (c) of
the Federal Water Pollution Control Act, also known as the Clean
Water Act ( 33 U.S.C. 1347) which applies to a specific category of
nonresidential dischargers.
(pp) NATURAL OUTLET shall mean any outlet, including storm sewers
and combined sewer overflows, into a watercourse, pond, ditch, lake
or other body of surface or ground water.
(qq) NONRESIDENTIAL DISCHARGER means any user of the sewer system
who discharges a nondomestic effluent into the system by means of
pipes, conduits, pumping stations, force mains, constructed
drainage ditches, surface water intercepting ditches, and all
constructed devices and appliances appurtenant thereto. (Specified
in 40 CFR Part 403 as "industrial user. " )
(rr) NORMAL DOMESTIC SEWAGE (for the purpose of determining
surcharges) shall mean wastewater or sewage having an average daily
concentration as follows:
S.S. . . . . not more than 250 mg/1
BOD . . . not more than 250 mg/1
Ammonia-Nitrogen . . . . not more than 25 mg/1
Phosphorus . . . . not more than 10 mg/l.
As defined by origin, wastewaters from segregated domestic
and/or sanitary conveniences as distinct from industrial
processes.
(ss) NPDES PERMIT - National Pollutant Discharge Elimination
System Permit setting forth conditions for the discharge of any
pollutant or combination of pollutants to the navigable waters of
the United States pursuant to Section 402 of Public Law 95-217 .
(tt) OPERATION AND MAINTENANCE COST include all costs, direct and
indirect, necessary to provide adequate wastewater collection,
transport and treatment on a continuing basis and produce
discharges to receiving waters that conform with all related
Federal, State and local requirements. (These costs include
replacement. )
(uu) OTHER SERVICE CHARGES shall mean tap charges, connection
charges, area charges, and other identifiable charges other than
excessive strength surcharges.
(vv) pH shall mean the reciprocal of the logarithm of the
hydrogen-ion concentration. The concentration is the weight of
hydrogen-ions, in grams per liter of solution.
(ww) PERSON shall mean any and all persons, natural or artificial,
including any individual, firm, company, municipal or private
corporation, partnership, copartnership, joint stock company,
trust, estate, association, society, institution, enterprise,
governmental agency, the State of Indiana, the United States of
America, or other legal entity, or their legal representatives,
agents, or assigns. The masculine gender shall include the
feminine and the singular shall include the plural where indicated
by the context.
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(yy) PLUMBING INSPECTOR means the authorized agent of the Building
Commissioner having responsibility for administration of the
provisions of this article as such may pertain to plumbing work.
( zz) PRETREATMENT shall mean the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, process
changes or by other means, except as prohibited by 40 CFR Section
403 . 6(d) ; and shall include all applicable rules and regulations
contained in the code of Federal Regulations as published in the
Federal Register, under Section 307 of PL 95-217, under regulation
40 CFR Part 403 pursuant to the Act, and amendments.
(aaa) PRIVATE SEWER shall mean a sewer which is not owned by
public authority.
(bbb) PROPERLY SHREDDED GARBAGE shall mean the wastes from the
preparation, cooking and dispensing of food that has 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 ( 1/2) inch in any dimension.
(ccc) PUBLIC SEWER shall mean a sewer which is owned and
controlled by the public authority and will consist of the
following increments: Collector Sewer, Interceptor Sewer, Force
Main, Pumping Station.
(ddd) PUMPING STATION shall mean a station positioned in the
public sewer system at which wastewater is pumped to a higher
level.
(eee) REPLACEMENT COSTS shall mean the expenditures for obtaining
and installing equipment, accessories or appurtenances which are
necessary during the useful life of the treatment works to maintain
the capacity and performance for which such works were designed and
constructed.
( fff) RESIDENTIAL USER shall mean a user of the treatment works
whose premises or building is used primarily as a residence for one
or more persons, including all dwelling units, etc.
(ggg) SANITARY SEWER shall mean a sewer which carries sanitary and
industrial wastes, and to which storm, surface and ground water are
not intentionally admitted.
(hhh) SEWAGE shall mean the combination of the liquid and
water-carried wastes from residences, commercial buildings,
industrial plants and institutions (including polluted cooling
water) . The three most common types of sewage are:
Sanitary Sewage shall mean the combination of liquid and
water-carried wastes discharged from toilet and other
sanitary pumping facilities.
Industrial Sewage shall mean a combination of liquid and
water-carried wastes, discharged from any industrial
establishment, and resulting from any trade or process
carried on in that establishment (this shall include the
wastes from pretreatment facilities and polluted cooling
water) .
Combined Sewaae shall mean wastes including sanitary sewage.
( jjj ) SEWAGE WORKS shall mean the structures, equipment and
processes to collect, transport and treat domestic and industrial
wastes and dispose of the effluent and accumulated residual solids.
(kkk) SEWER shall mean a pipe or conduit for carrying sewage.
( ill) SHALL shall mean mandatory.
(mmm) SLUG shall mean any discharge of water or wastewater which
in concentration of any given constituent or in quantity of flow
exceeds for any period of duration longer than five ( 5) minutes
more than five ( 5) times the average twenty-four ( 24) hour
concentration of flow during normal operation or which adversely
affects the sewage works.
(nnn) STANDARD METHODS shall mean the laboratory procedures
approved by the EPA and set forth in 40 C.F.R. , Part 136.
(000) STORM SEWER shall mean a sewer for conveying water, ground
water or unpolluted water from any source and to which sanitary
and/or industrial wastes are not intentionally admitted.
(ppp) SUSPENDED SOLIDS (or S.S. ) shall mean solids which either
float on the surface of or are in suspension in water, sewage or
other liquid and which are removable by laboratory filtration.
Their concentration shall be expressed in milligrams per liter.
Quantitative determination shall be made in accordance with
procedures set forth in "STANDARD METHODS" .
(qqq) TOTAL SOLIDS shall mean the sum of suspended and dissolved
solids.
(rrr) TOXIC AMOUNT shall mean concentrations of any pollutant or
combination of pollutants which upon exposure to or assimilation
into any organism will cause adverse effects, such as cancer,
genetic mutations and physiological manifestations, as defined in
standards issued pursuant to the Clean Water Act (PL 95-217) .
(sss) UNPOLLUTED WATER is 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.
(ttt) USER CHARGES shall mean a charge levied on users of the
wastewater treatment works for the cost of operation and
maintenance of such works pursuant to Section 204 (b) of Public Law
92-500.
(uuu) USER CLASS shall mean the division of wastewater treatment
customers by source, function, waste characteristics, and process
or discharge similarities, ( i.e. residential, commercial,
industrial, institutional, and governmental in the User Charge
System) .
(vvv) VOLATILE ORGANIC MATTER shall mean the material in the
sewage solids transformed to gases or vapors when heated to 550
degrees C for 15 to 20 minutes.
(www) WASTEWATER shall mean water in which sewage has been
discharged.
(xxx) WATERCOURSE shall mean a natural or artificial channel for
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(yyy) WHOLESALE USER shall mean any municipal governmental entity
which has entered into an intermunicipal contract with the City of
South Bend for wastewater treatment service.
DIVISION 2 . PRIVATE SEWAGE DISPOSAL
Section 17-6. Connection to Private Sewage Disposal.
(a) Where a public sanitary or combined sewer is not available
under the provisions of Section 17-9(h) , the building sewer shall
be connected to a private sewage disposal system complying with the
provisions of this article.
(b) Before commencement of construction of a private sewage
disposal system or connecting to the City sewage works, the owner
of any lot, parcel of real estate or building shall first obtain a
written permit signed by the City Engineer. A permit and
inspection fee of One Hundred Dollars ( $100. 00) for each equivalent
connection shall be paid to the City at the time the application is
filed. Said owner shall also pay a capacity charge in the amount
of Two Hundred Dollars ( $200.00) for each equivalent connection
prior to being issued a permit.
(c) A permit for private sewage disposal system shall not become
effective until the installation is completed to the satisfaction
of the City Engineer. 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 City Engineer when the work is ready for
final inspection, and before any underground portions are covered.
The inspection shall be made within twenty-four ( 24) hours of the
receipt of notice by the City Engineer.
(d) The type, capacities, location and layout of a private sewage
disposal system shall comply with all recommendations of the IDEM.
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 fifteen thousand (15,000) square feet. 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, the City will
apprise the affected property owner of this availability by
certified mail. A direct connection shall then be made to the
public sewer in compliance with this Article, at the owner' s
expense, within ninety ( 90) days of receipt of the notice.
(f) The type, capacities, location, and layout of a private sewage
disposal system shall be approved by the St. Joseph County Health
Department and comply with all recommendations of the State Board
of Health as set forth in Bulletins SE 8 and SE 13.
(g) The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at no
expense to the City.
(h) When a public sewer becomes available, the building sewer
shall be connected to said sewer within ninety ( 90) days and the
private sewage disposal system shall be cleaned of sludge and
filled with clean bank-run gravel or dirt.
(i) No statement contained in this article shall be construed to
interfere with any additional requirements that may be imposed by
Section 17-7 . 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 Board of Public Works or designee.
(b) There shall be two ( 2) classes of building sewer permits:
( 1) For residential and commercial service, and
( 2) For service to establishments producing material 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 Inspector. A permit
and inspection fee of twenty-five dollars ( $25. 00) for a
residential or commercial building permit and fifty dollars
($50.00) for an industrial building sewer permit shall be paid to
the City of South Bend at the time the application is filed.
(c) All costs and expenses 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.
(d) A separate and independent building sewer shall be provided
for every building; except 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.
(e) Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by the
said Inspector, to meet all requirements of this ordinance.
(f) The size, slope, alignment, materials of construction of a
building sewer and the methods to be used in excavating, placing of
the pipe, jointly 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 and Water Pollution Control Federation
Manual of Practice No. MOP9 shall apply.
(g) Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit gravity
flow to the public sewer, sanitary sewage carried by such building
drain shall be lifted by an approved means and discharged to the
building sewer.
(h) No person shall make connection of roof downspouts, basement
drains, sump pumps, exterior 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.
(i) The connection of a building sewer into the public sewer
shall conform to the requirements of the building and plumbing code
nr nther applicable rules and reaulations of the City. or the
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( j ) The applicant for the building sewer permit shall notify the
said Inspector when the building sewer is ready for inspection and
connection to the public sewer. The construction shall be made
under the supervision of the said Inspector or his representative.
(k) All excavations for building sewer installation must 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.
DIVISION 3 . USE OF THE PUBLIC SEWERS
Section 17-8. General Discharge Prohibitions.
(a) No person shall discharge or cause to be discharged any of
the following described waters or wastes to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil or other
flammable or 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.
3 . Any waters or wastes having a pH lower than 5.5 or higher
than 9. 5 or having any other corrosive property capable of causing
damage or hazard to structure, equipment and personnel of the
sewage works, or that interferes with any treatment process.
4. 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, paunch, manure, hair and fleshings, entrails,
paper, dishes, cups, milk containers, etc. , either whole or ground
by garbage grinders.
5. Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a toxic effect in
the receiving waters of the wastewater works, or to exceed the
limitations set forth in the applicable Federal Categorical
Pretreatment Standards or other pretreatment standards or
regulations issued by EPA or the IDEM. Toxic pollutant(s) are
identified pursuant to Section 307(a) of the Federal Water
Pollution Control Act, as amended.
(b) No person shall discharge or cause to be discharged the
following described substances, materials or wastes if it appears
likely in the opinion of the Board 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 Board will
give consideration to the sewers, nature of the sewage treatment
process, capacity of the sewage treatment plant and other pertinent
factors. The substances prohibited are:
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2. Any water or waste containing fats, wax, grease, or oils,
whether emulsified or not, in excess of one hundred (100) mg/1 or
containing substances which may solidify or become viscous at
temperatures between thirty-two and one hundred
fifty ( 32 and 150 ) degrees Fahrenheit or zero and sixty-five ( 0 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 ( 3/4) horsepower ( 0.76 hp metric) or greater
shall be subject to the review and approval of the Board.
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 Director for
such materials. Under no circumstances shall a discharger release
water or waste containing concentrations of the following
substances in amounts exceeding the stated values:
Parameter 1-Day Maximum 4-Day Average
Arsenic 1. 0 0.2
Cadmium 2.7 1.2
Copper 5.0 3.5
Cyanide 1.5 0.5
Lead 2.0 0.8
Mercury 0. 1 0.005
Nickel 5. 0 2.5
Total Chromium 7.5 5.0
Zinc 10. 0 6.0
all units mg/1.
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 Board 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 Board 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 S.S. (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 S.S. , CBOD, BOD, Ammonia-Nitrogen,
Phosphorus, or chlorine requirements in such quantities as to
constitute a sianificant load on the sewaae treatment works.
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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 can not meet the
requirements of other agencies having jurisdiction over discharge
to the receiving waters.
11. It shall be unlawful for any person to place, deposit,
permit to be deposited, or discharged in any manner whatsoever, any
substance into a sewer at a point different than the proposed sewer
connection to the sanitary sewer system.
(c) 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 this
article, and which in the judgment of the Board may have a
deleterious effect upon the sewage works, processes, equipment or
receiving waters, or otherwise create a hazard to life or
constitute a public nuisance, the Board may:
1. Require new industries or industries with significant
increase in discharges to submit information on wastewater
characteristics and obtain prior approval for discharges.
2. Reject the wastes in whole or in part for any reason
deemed appropriate by the City.
3 . Require pretreatment of such wastes to within the limits
of normal domestic sewage as defined.
4. Require control of flow equalization of such wastes so as
to avoid any "slug" loads or excessive loads that may be harmful to
the treatment works.
5. Require payment of a surcharge on any excessive flows or
loadings discharged to the treatment works to cover the additional
costs of having capacity for and treating such wastes. If the
Board permits the pretreatment or equalization of waste flows, the
design and installation of the plant and equipment shall be subject
to the review and approval of the Board and subject to the
requirements of all applicable codes, ordinances and laws.
(d) Interceptors shall be provided by the discharger as necessary
for the removal of grease, flammable wastes, sand, or other harmful
substances. All interceptors shall be of a type and capacity
approved by the Board or its designee, and shall be readily
accessible for cleaning and inspection. The owner and/or operator
of interceptor equipment shall be required to maintain certified
records as to time and date of cleaning and inspection.
(e) When a discharger is required to provide preliminary
treatment, including interceptors or flow equalization facilities,
such equipment shall be maintained by the discharger in
satisfactory operating condition as determined by the Board of
Public Works or its designee.
(f) When required by the Director, the owner or 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 Director. 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.
Aaents of the City, the State Water Pollution Control Agencies and
"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, except for
application for NPDES permits and report thereof such shall be
conducted in accordance with rules and regulations adopted by the
USEPA, 40 CFR Part 136 and any subsequent revisions subject to
approval by the City. In the event that no special manhole has
been required, the control manhole shall be considered to be the
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 and property. (The particular analysis
involved will determine whether a twenty-four ( 24) hour composite
of all outfalls of a premises is appropriate or whether a grab
sample or samples should be taken. Normally, but not always, BOD
and S.S. analyses are obtained from twenty-four ( 24) hour
composites of all outfalls whereas pHs are determined from periodic
grab samples. )
(h) No statement contained in this article shall be construed as
preventing any special agreement or arrangement between the City
and any industrial concern whereby an industrial waste or unusual
strength or character may be accepted by the City for treatment,
subject to payment therefore, by the industrial concern, at such
rates as are compatible with the rate ordinance.
Section 17-9. Discharges Into Sanitary Sewer Prohibited.
(a) No person shall place, deposit or permit to be deposited in
any unsanitary manner on public or private property within the City
or in any area under the jurisdiction of said City, any human
excrement, garbage or other objectionable waste.
(b) No person shall discharge or cause to be discharged to any
sanitary sewer, either directly or indirectly, storm water, surface
water, ground water, roof runoff, subsurface drainage, cooling
water, unpolluted water or unpolluted industrial water.
(c) Storm water, surface water, ground water, roof runoff,
subsurface drainage, cooling water, unpolluted water or unpolluted
industrial process water may be admitted to storm sewers which have
adequate capacity for their accommodation. No person shall use
such sewers, however, without the specific permission of the City.
(d) No new connection shall be made unless there is capacity
available to all downstream sewers, lift stations, force mains and
the sewage treatment plant, including capacity for BOD and S.S.
(e) No person shall place, deposit or permit to be deposited in
any unsanitary manner on public or private property within the
jurisdiction of the City, any wastewater or other polluted water
except where suitable treatment has been provided in accordance
with provisions of this ordinance and the NPDES permit.
(f) No person shall discharge or cause to be discharged to any
natural outlet any wastewater or other polluted water except where
suitable treatment has been provided in accordance with provisions
of this ordinance and a NPDES permit.
(g) 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
toilet facilities therein, and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this ordinance, within ninety ( 90) days after date of official
notice to do so, provided that said public sewer is within three
hundred ( 300) feet of the property line.
Section 17-10 . Pretreatment of Industrial Wastes.
Pretreatment of industrial wastes from major contributing
industries prior to discharge to the treatment works is required
and is subject to the Rules and Regulations adopted by the EPA ( 40
C.F.R. Part 403) , and "Guidelines Establishing Test Procedures for
Analysis of Pollutants" ( 40 C.F.R. Part 136) , in addition to any
more stringent requirements established by the City and subsequent
State or Federal Guidelines and Rules and Regulations.
(a) Limitations on wastewater strength:
(1) National Categorical Pretreatment Standards as
promulgated by the (EPA) shall be met by all affected
nonresidential waste dischargers. An application for modification
of the National Categorical Pretreatment Standards may be
considered by the Board of Public Works when the wastewater
treatment plant achieves consistent removal of the pollutants
described herein.
(2) State and local requirements and limitations on
discharges shall be met by all dischargers when such requirements
and limitations are more stringent than federal requirements and
limitations.
( 3 ) No discharger shall use potable water to dilute a
discharge as a substitute for adequate treatment of prohibited
substances to achieve compliance with the standards set forth in
this division.
(4) Under no circumstances shall a discharger release water
or waste containing concentrations of the following substances in
amounts exceeding the stated values:
Parameter 1-Day-Maximum 4-Day Average
Arsenic 1. 0 0.2
Cadmium 2.7 1. 2
Copper 5. 0 3 . 5
Cyanide 1. 5 0. 5
Lead 2. 0 0. 8
Mercury 0. 1 0.005
Nickel 5. 0 2.5
Total Chromium 7. 5 5.0
Zinc 10. 0 6.0
all units mg/l.
(b) Accidental discharges:
(1) A discharger shall provide a plan of protection from
accidental discharge of prohibited or regulated substances listed
herein. Each protection plan is subject to the approval of the
Board of Public Works.
( 2) Dischargers shall notify the Director immediately upon
the occurrence of a "slug" or accidental discharge of substances
prohibited by this division. The notification shall include
1nr_ation of dischar_ae_ date and time of occurrence. tube of waste.
wastes, or other wastes to any sewer outlet within the jurisdiction
of the Board of Public Works without having been issued a
wastewater discharge permit if the discharger:
a. Is subject to National Categorical Pretreatment
Standards as promulgated by the EPA; or,
b. Discharges nondomestic wastewater in the amount equal
to or exceeding twenty-five thousand ( 25,000) gallons per day; or,
c. Contributes a nondomestic waste stream exceeding five
( 5) percent of the dry weather hydraulic or organic capacity of the
wastewater treatment plan; or,
d. Has a reasonable potential to adversely affect the
treatment plant processes by inhibition, pass-through of
pollutants, sludge contamination, or endangerment of treatment
plant personnel.
(2) Prospective nondomestic users of any sewer which are
subject to the provisions of paragraph (c) ( 1) of this section shall
obtain a wastewater discharge permit prior to connecting to or
discharging into the wastewater system and shall apply for said
permit at least ninety ( 90) days prior to anticipated connection.
(3 ) All existing nonresidential dischargers which are subject
to the provisions of paragraph (c) ( 1) of this section shall apply
for a wastewater discharge permit within thirty ( 30) days after the
effective date of this division.
(d) Permit application; fees:
(1) Applications for wastewater discharge permits may be
procured from the Director.
( 2) Dischargers subject to the provisions of paragraph (c) ( 1)
of this section shall obtain from, complete, and file with the
Director, a permit application on a form prescribed by the Board of
Public Works. Said form shall require the following conditions:
a. Disclosure of name, address, and location of the
discharger.
b. Disclosure of Standard Industrial Classification
(SIC) number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
c. Disclosure of wastewater constituents and
characteristics including but not limited to those mentioned in
this division, as determined by bona fide chemical and biological
analysis.
d. Disclosure of time and duration of discharges.
e. Disclosure of average daily wastewater flow rates in
gallons per day, including daily, monthly and seasonal variations,
if any. All flows must be measured unless other verifiable
techniques are approved by the Board of Public Works due to cost or
nonfeasibility.
f. Disclosure of site plans, floor plans, mechanical and
plumbing plans and details to show all sewers, sewer connections,
inspection manholes, sampling chambers, and appurtenances by size,
location and elevation.
n nmcnri n+-inn of anti vi ti ac faoi 1 i ti Pc and n1 ant
additional operation and maintenance activities and/or additional
pretreatment is required for the discharger to comply.
i. Where additional pretreatment and/or operation and
maintenance activities are required to comply with the applicable
pretreatment standard, the discharger must provide a compliance
schedule by which he will provide the additional pretreatment
and/or implementation of additional operational and maintenance
activities. All pretreatment plans shall be submitted to the
Director for review and approval prior to implementation.
j . Disclosure of each product produced by type, amount,
process or processes and rate of production.
k. Disclosure of the type and amount of the raw materials
utilized.
1. All permit applications for new or modified permits
must be signed by a principal executive officer of the discharger.
( 3 ) The following fees are required for discharge permits:
a. Each permit will be issued for a base fee of five
hundred ( $500.00) .
b. For each additional sampling point there will be a
charge of an additional one hundred dollars ( $100. 00) .
(4) Within sixty ( 60) days after receipt of the application
for discharge permit, the Director shall review said application
for compliance with the terms and conditions of this division and
shall make recommendations to the Board of Public Works.
(5) The Board of Public Works shall review the staff
recommendations and shall approve or reject the application.
(6) If the Board of Public Works finds the applicant to be in
compliance, he shall approve the application and a permit to
discharge shall be issued subject to the following terms and
conditions:
a. The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a municipal sewer.
b. Numerical limits on the average and maximum wastewater
constituents and characteristics.
c. Limits on the average and maximum rate and time of
discharge or requirements for flow regulation and equalization.
d. Requirements for installation and maintenance of
inspection and sampling facilities.
e. Specifications for monitoring programs which may
include sampling locations, frequency of sampling, number and types
of samples, and standards for analyses and reporting schedules.
f. Compliance schedules.
g. Requirements for submittal of technical reports or
discharge reports.
h. Requirements for maintaining and retention of plant
records pertaining to wastewater discharge as specified by this
division. and affording Board of Public Works personnel access
k. Other conditions as deemed appropriate by the Board of
Public Works to ensure compliance with this division.
1. The permit is for a period of five ( 5) years, but maybe
revoked or rescinded if the applicant is not in conformity with the
provisions of this Code.
(7) If the Board of Public Works rejects the application for
noncompliance, he shall establish a compliance schedule and require
compliance schedule reports and compliance date reports on forms
supplied by the Board of Public Works.
(e) Confidentiality:
(1) In accordance with 40 C.F.R. , Part 2, any information
submitted to the Board of Public Works pursuant to these
regulations may be claimed as confidential by the submitter. Any
such claim must be asserted at the time of submission in the manner
prescribed on the application form or instructions, or, in the case
of other submissions, by stamping the words "confidential business
information" on each page containing such information. If no claim
is made at the time of submission, the Board of Public Works may
make the information available to the public without further
notice. If claim is asserted, the information will be treated in
accordance with the procedures in 40 C.F.R. Part 2 (Public
Information) .
( 2) Information and data provided to the Board of Public
Works pursuant to this part which is effluent data shall be made
available to the public without restriction.
(3 ) All other information which is submitted to the State or
Board of Public Works shall be available to the public at least to
the extent provided by 40 C.F.R. , Paragraph 2. 302.
(f) Permit modifications:
( 1) The Board of Public Works reserves the right to amend any
wastewater discharge permit issued hereunder in order to ensure
compliance by the City with applicable laws and regulations.
Within nine ( 9) months of the promulgation of a National
Categorical Pretreatment Standard, the wastewater discharge permit
of each discharger subject to such standards shall be revised to
require compliance with such standards within the time frame
prescribed by such standards. All National Categorical
Pretreatment Standards adopted after the promulgation of this
division shall be a part of this division.
( 2) Any discharger required to obtain a discharge permit
under the newly promulgated standards shall apply for same
immediately upon notification by the Board of Public Works.
(3 ) Any current permittee whose wastewater discharge permit
is affected by newly promulgated National Categorical Pretreatment
Standards shall, upon notification by the Director, submit all
documentation, information and proposed changes necessary to bring
the discharger into compliance with the new standards. Upon
receipt of said information, the Director shall establish a
compliance schedule whereby the permittee shall attain compliance
with the applicable standards. The permittee shall be advised of
any proposed changes in his permit at least thirty ( 30) days prior
to the effective date of change. Any changes in new conditions in
the permit shall include a reasonable time schedule for compliance,
not to exceed the duration specified in the applicable National
(h) Limitations on permit transfer. Wastewater discharge permits
are issued to a specific discharger for a specific operation and
are not assignable to another discharger or transferable to any
other location without the prior written approval of the Board of
Public Works.
(i) Reporting requirements:
(1) Within ninety ( 90) days following commencement of the
introduction of wastewater into the wastewater system, a new
permittee shall submit to the Director a baseline monitoring report
on forms furnished by the Board indicating the nature and
concentration of all prohibited or regulated substances contained
in its discharge, and the average and maximum daily flow in
gallons. The report shall state whether the applicable
pretreatment standards are being met on a consistent basis, and if
not, what additional operations, maintenance and/or pretreatment
activities are necessary to bring the discharger into compliance
with the applicable standards.
(2) Any permittee subject to a pretreatment standard set
forth in this division shall submit to the Director
during the months of June and December, unless required more
frequently by the discharge permit, a periodic compliance report on
forms provided by the Board indicating the nature and
concentration of prohibited or regulated substances in the
effluent. Included in the report shall be a record of all measured
or estimated average and maximum daily flows during the reporting
period, computed by verifiable techniques as required by the
applicable discharge permit.
(3 ) Each permittee shall monitor the discharge with the
frequency prescribed in its wastewater discharge permit. All
sampling and analyses shall be performed in accordance with 40
C.F.R. , Part 136 and amendments thereto.
(4) Reports of monitoring events shall be filed with the
Director as required by the wastewater discharge permit. The
reports shall contain all results of analyses required by the
permit, including flow conditions and the nature and concentration
of those prohibited substances specified in the applicable
categorical standards. The reports shall also specify sampling
location, date, time and techniques, analysis date, analyst and
analysis methods, and results of all analyses.
( 5) All permittees shall retain and preserve for no less than
three ( 3 ) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to
monitoring, sampling and analyses made in connection with its
discharge. All records which pertain to matters which are the
subject of administrative adjustment or any other enforcement or
litigation activities brought by the Board pursuant hereto shall be
retained and preserved by the permittee until all enforcement
activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
(6) Any person who knowingly makes any false statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this division, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this division, shall, upon conviction, be punished by the
imposition of a civil penalty of not more than two thousand five
hundred dollars ($2,500. 00 ) .
( 8) Compliance schedule reports must be submitted by any
nonresidential discharger not subject to categorical standards who
is not in compliance with the terms and conditions of this
division.
(j ) Emergency suspension of service and permit. The Board of
Public Works may, for good cause shown, suspend the wastewater
treatment service and the discharge permit of a nonresidential
discharger when an actual or threatened discharge presents or may
present an imminent or substantial danger to the health or welfare
of persons, substantial danger to the environment, interfere with
the operations of the wastewater treatment plan, or violate any
pretreatment limits imposed by this division. Any nonresidential
discharger notified of the suspension of treatment service and/or
permit shall cease all discharges to the sewer system. In the
event of failure of the nonresidential discharger to comply
voluntarily with the suspension order within the specified time,
the Board of Public Works shall commence judicial proceedings
immediately thereafter to compel the nonresidential user' s
compliance with such order.
(k) Revocation of permit. The Board of Public Works may revoke
the permit of a nonresidential discharger which fails to:
(1) Factually report the wastewater constituents and
characteristic of its discharge;
( 2) Report significant changes in wastewater constituents or
characteristics, including periods of noncompliance with applicable
effluent limitations;
( 3 ) Report modifications of operational and/or pretreatment
processes or facilities;
(4) Refuses reasonable access to the nonresidential user' s
premises by representatives of the wastewater treatment plant for
the purpose of inspection or monitoring; or
( 5 ) Violates the conditions of this ordinance or any final
judicial order entered with respect thereto.
(1) Notification of violation; administrative adjustment.
Whenever the Board of Public Works finds that a permittee has
engaged in conduct which justifies revocation of its permit,
pursuant to this code, the Board shall serve or cause to be served
upon such permittee a written notice by certified mail, return
receipt requested, stating the nature of the alleged violation.
Within fifteen (15) days of the date of receipt of the notice, the
permittee shall respond in writing to the Board of Public Works
advising of its position with respect to the allegations.
Thereafter the parties shall meet within fifteen (15) days to
establish a plan for the satisfactory correction of all confirmed
violations.
(m) Show cause hearing. Where the violation of this code is not
corrected by timely compliance by means of administrative
adjustment, the Board of Public Works may order any discharger
which causes or allows conduct herein prohibited, to show cause
before the Board or its duly authorized representative, why the
proposed permit revocation should not be taken. A written notice
shall be served on the discharger by personal service, certified or
registered, return receipt requested, specifying the time and place
of a hearing to be held by the Board or its designee regarding the
violation, the reasons why the enforcement action is to be taken,
the proposed enforcement action, and directing the discharger to
•
/��_`SoUTN 81;1111
�4\ \\,ih�0\d 111
At// t —i,j j= o % City of South Bend
II�i ,,,, , -;.a Joseph E. Kernan, Mayor
'1111x .. 1865`.a}�/
Board of Public Works
November 9 , 1988
Members of the South Bend Common Council
4th Floor, County-City Building
South Bend, Indiana 46601
Re: Sewer Use and Rate Ordinance
Attention: Councilman Donald Niezgodski
Chairman, Utilities Committee
Dear Councilman Niezgodski :
For more than a year the South Bend Common Council and the
City Administration have been working together to bring the sewage
works utility to operational stability and financial solvency.
This ordinance is one of the final steps in this long process .
Most of the effort to improve the wastewater treatment plant
and ensure compliance with our new operating permit is being funded
by a grant totaling thirteen million seven hundred fifty-four
thousand three hundred twenty-five dollars ($13 , 754 ,325) from the
Environmental Protection Agency and State of Indiana Department of
Environmental Management. The remaining amount of nine million
five hundred thousand dollars ($9 ,500 ,000) is to be raised by local
government through the rate structure. The proposed ordinance
provides funding for a revenue bond to cover these improvements .
The proposed rate structure also provides revenues for orderly
equipment replacement , sewer line extensions , debt coverage and
proper funding of the existing plant operation, as well as the new
improvements .
1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412
John E. Leszczynski Patricia E. DeClercq Katherine Humphreys
Page' Two
South Bend Common Council
November 9 , 1988
The way in which rates are assessed has also been changed.
These changes are in conformance with requirements of the EPA and
IDEM. The amounts to be raised and the form of the ordinance have
been approved by both the State and EPA.
The Board of Public Works has reviewed this ordinance and the
changes contained within and recommend, by adoption of the Board of
Public Works Resolution No. 35-1988 , that the South Bend Common
Council adopt the proposed sewer use and rate ordinance.
If you have any questions please contact me at your
convenience.
Sincerely,
itirp-P4A4-/4
ohn E. Leszczynski
President , Board of Public Works
JEL/mp
Attachment