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HomeMy WebLinkAboutRegulating the Use of Public and Private Sewers and Drains DisposalORDINANCE NO. 5300 —71 AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA, AS AMENDED. Be it ordained and enacted by the Council of the City of South Bend, State of Indiana as follows: ARTICLE I -- Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Sec. 1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200C, expressed in milligrams per liter. Sec. 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1. 5 meters) outside the inner face of the building wall. Sec. 3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. Sec. 4. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. Sec. 5. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. Sec. 6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. Sec. 7. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water. Sec. 8. "Person" shall mean any individual, firm, company, associ- ation, society, corporation, or government agency, Sec. 9. "pH" shall mean the logarithm to the base 10 of the recip- rocal of the concentration of hydrogen ions in grams per liter of solution. Sec. 10. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one -half (1/2) inch (1. 27 centimeters) in any dimension. Sec. 11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. Sec. 12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Sec. 13. "Sewage" shall mean a combination of the water - carried wastes from residences, business buildings, institutions, and indus- trial establishments, together with such ground, surface, and storm waters as may be present. Sec. 14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. Sec. 15. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. Sec. 16. "Sewer" shall mean a pipe or conduit for carrying sewage. Sec. 17. "Shall" is mandatory; "May" is permissive. Sec. 18. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty -four (24) hour concentration or flows during normal operation. Sec. 19. "Storm Drain" (sometimes termed "storm sewer ") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Sec. 20. "Superintendent" shall mean the "Superintendent of Waste Water Treatment Plant and /or of Water Pollution Control" of the City of South Bend, Indiana, or his authorized deputy, agent or representative. Sec. 21. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Sec. 22. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. Sec. 23. "Plumbing Inspector" shall mean the authorized agent of the City of South Bend Building Commissioner having responsibility for administration of the provisions of the ordinance as such may pertain to plumbing work. Sec. 24. "City Engineer" shall mean the City Engineer of South Bend, Indiana, or his authorized deputy, agent or representative. - Page 2 - fib ARTICLE II -- Use of Public Sewers Required Section 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of South Bend, Indiana , or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. Section 2. It shall be unlawful to discharge to any natural outlet within the City of South Bend, Indiana, or in any area under the juris- diction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Section 3. Except as hereinafter provided, it shall be unlawful to construct or maintain a septic tank, cesspool, or seepage pit intended or used for the disposal of sewage within the City of South Bend. Section 4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of South Bend, Indiana and abutting on any street, alley, easement, or right -of -way in which there is now located or may in the future be located a public sanitary or combined sewer of the City of South Bend, Indiana, 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 ordinance, within ninety !(90} days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet (91. 5 meters) of the property line. (Pursuant to Indiana Act 1967, Ch. 284, Sec. 22, p. 903; Burns Annot. Statutes 48- 4322). ARTICLE III -- Private Sewage Disposal Section 1. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building - Page 3- sewer shall be connected to a private sewage disposal system complying with the provisions of the plumbing code. Section 2. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Plumbing Inspector. 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 deemed necessary by the Plumbing Inspector. A permit and inspection fee of ten ($10. 00) dollars shall be paid to the City at the time the application is filed. Section 3. A permit for the construction of a private sewage //within the City of South Bend, disposal systern shall not receive final approval until the installation is completed to the satisfaction of the Plumbing Inspector. 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 Plumbing Inspector when the work is ready for final inspection, and before any underground portions are covered. Section 4. 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 of the State of Indiana as set forth in Bulletins SE 8 and SE 13. Section 5. 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 ordinance, at the owner's expense, within ninety (90) days of receipt of the notice. In addition, all septic tanks, cesspools - Page 4 - and similar private sewage disposal facilities shall be abandoned and filled with granular material which shall be run of the bank sand and gravel reasonably free from frost, vegetable matter and large pieces of rock or the material may consist of crushed rock screenings. Section b. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. ARTICLE IV -- Building Sewers and Connections Section 1. 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 Plumbing Inspector. This permit may be obtained only by a master plumber and must be approved by the City Engineer or his representative prior to being issued. Section 2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for, service to establishments producing industrial wastes. In either case, the master plumber 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 Plumbing Inspector. A permit and inspection fee of ten ($10. 00) dollars for a residential or commercial building sewer permit and ten ($10. 00) dollars for an industrial building sewer permit shall be paid to the City at the time the application is filed. Section 3. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may be occasioned by the installation of the building sewer. - Page 5 - Section 4. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by a master plumber, to meet all requirements of this ordinance. Section 5. 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 and other applicable rules and regulations of the City. Section 6. 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. Section 7. No person shall make connection of roof downspouts, 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. ARTICLE V -- Use of the Public Sewers Section 1. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Section 2. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers. However, a natural outlet may be used if approved by the City Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City Engineer, to a storm sewer, combined sewer, or natural outlet. - Page 6- Section 3. No person shall discharge or cause to be discharged 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, except that this provision shall not prohibit fire department personnel or other author- ized municipal employees from flushing streets and sewers which have received or contain flammable, explosive or other dangerous materials as a result of some accident and /or malicious or negligent action. (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, in- cluding but not limited to cyanides in excess of 1. 0 mg /1, zinc in excess of 6. 0 mg /1, chromium in excess of 5. 0 mg /1, cadmium in excess of 1. 5 mg /1, copper in excess of 1.0 mg /1, and nickel in excess of 1. 5 mg /l in the wastes as discharged to the public sewer. (c) Any waters or wastes having any 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 capa- ble 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 and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. - Page 7- Section 4. No person shall discharge or cause to be discharged any substances, materials, waters, or wastes that may 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. The substances, materials, waters, or wastes prohibited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty (150) of (65oC). (b) 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 (32) and one hundred fifty (150) of (0 and 650C) (c) 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 City Engineer. (d) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances in concentrations in exce s of those specified in Article V, Sec. 3(b); 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 Engineer for such materials. ,(e) 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 Engineer as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public - Page 8 - agencies of jurisdictions for such discharge to the receiving waters. (£) Any radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by the City Engineer in compliance with applicable State or Federal regulations. (g) Any waters or wastes having a pH less than (5. 5) or in excess of (9. 5). (h) Materials which exert or cause: 1. 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). 2. Excessive discoloration .(such as, but not limited to, dye wastes and vegetable tanning solutions). 3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. 4. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. (i) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treat- ment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (j) Any substance, material, water or waste found by the City Engineer to be harmful to either the sewers, sewage treatment process, or equipment; or to have an adverse effect on the receiving stream; or to be capable of otherwise - Page 9- endangering life, limb and public property; or to constitute a nuisance. Such finding by the City Engineer shall be made only after due notice to affected users and an opportunity to be heard regarding same. Section 5. 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 enume rated in Section 4 of this Article, and which are proven by the City Engineer to 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 Board of Public Works and Safety may: (a) Reject the wastes, (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge, and /or (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of article 10 section l of this ordinance. If the City Engineer 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 Engineer, and subject to the requirements of all applicable codes, ordinances, and laws. Section 6. Grease, oil, and sand interceptors shall be provided that 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 Plumbing Inspector, and shall be located as to be readily and easily accessible for cleaning and inspection. - Page 10- If required by the Plumbing Inspector, the owner and /or operator of any interceptor equipment shall be required to keep certified records as to time and date of cleaning and inspection. Section 7. Where preliminary treatment including interceptors or flow- equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Section 8. When required by the City Engineer, 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 observa- tion, 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 Plumbing Inspector. 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. Section 9. All measurements, tests, and analyses of the character- istics of waters and wastes to which reference is made in this ordinance 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 said control manhole. 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 analyses - Pagell - involved will determine whether a twenty -four (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 -hr, composites of all out£alls whereas pH's are determined from periodic grab samples. ) ARTICLE VI -- Protection from _Damage Section 1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. ARTICLE VII -- Powers and Authority of Inspectors Section 1. The City Engineer, plumbing inspectors, and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The City Engineer or duly authorized employees of the City shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Any person who applies for and /or receives sewer services from the City shall be deemed to have consented to inspections pursuant to this section, including entrance upon that person's property at reasonable times to make inspections under this ordinance. Section 2. While performing the necessary work on private properties referred to in Article VII, Section 1 above, the City Engineer or duly authorized employees of the City shall observe all safety rules - Page 12- applicable to the premises established by the company and the company shall be held harmless for injury or death to the City 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 except as such may be caused by negligence or failure of the company to main- tain safe conditions as required in Article V, Section 8. Section 3. The City Engineer, plumbing inspectors 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, installation of sampling equipment, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. ARTICLE VIII -- Penalties Section 1. Any person found to be violating any provision of this ordinance except Article VI 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 intentional violations. Section 2. Any person who shall continue any violation beyond the time limit provided for in Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding three hundred ($300. 00) dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offens e. - Page 13 - Section 3. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of such violation. ARTICLE IX -- Variances Section 1. Any person, upon written application to the City Engineer's office within ninety (90) days after the effective date of this ordinance, who shows, in the case of the activity being conducted or operated, that compliance with Article V of this ordinance would either be impossible or constitute an undue hardship because of time limita- tions, may be granted a variance by the Board of Public Works and Safety for a reasonable time, not to extend beyond two (2) years from the effective date of this ordinance, as amended, at which date all variances shall terminate and after which date no new variances will be granted. Any variance may be granted on the condition that the person receiving it shall submit plans for the installation of preliminary treatment facilities to the City Engineer within six (6) months from the date of the granting of the variance and shall make reports to the City Engineer periodically as to the progress being made toward compliance with Article V of this ordinance. A variance shall not be granted under the provisions of this Section where the person applying therefor is causing a public nuisance or other injury to the general public, and any such variances shown to have been granted under these circumstances shall be immediately termin- ated. Any variance granted under the provisions of this Section shall not be construed to relieve the person who shall receive it from any liability or penalties imposed by other laws for the commission or maintenance of a nuisance. ARTICLE X -- Validity Section 1. No statement contained in this ordinance shall be construed as being amendatory to or taking precedence over the pro- visions of Ordinance No. 3964 fixing the schedule of rates and charges - Page 14 - to be collected by the City of South Bend, Indiana, from the owners of property served by the sewage disposal works. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Section 4. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor Member of the Common Council Passed and adopted by the Common Council of the Citv of South Bend on the —� day o Attest: City Merk Presented by me to the Mayor of the City of South Bend on the 41 1"X_ day of QawJ 1971, at the hour of / p, M. ty Clerk This ordinance approved and signed by me on the 17 day Of , 1st & 2rid READING 5 -24 -71 COMMITTEE OF THE WHOLE. PUBLIC NEARING 6 -14 -71 3rd READING 6 -14 -71 NOT APPROVED REFEFRED PASSED 6 -14 -71 1971, at the hour - Page 15 - FILED IN CLERK'S OFFICE MAY 2 41971 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. (90mmittri, apart -60 tk I Tau mm (Qonnrd of Or 044 vf OvW4 Irnd: Your Committee of the Whole to whom was referred AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA„ AS AMENDED. Respectfully report that they have examined the matter and that in their opinion as favorable as amended Chairman reee ,Hess ,n...... co.