ORDINANCE #PO WHEREAS, this Ordinance shall further amend, and shall restate and replace said Ordinance #PO-80-1;

Transcription

1 1 ORDINANCE #PO-98-4 AN ORDINANCE TO AMEND AND RE-STATE AN ORDINANCE, AS HERETOFORE AMENDED, REGULATING THE CONNECTION TO AND USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTEWATER INTO THE PUBLIC SEWERAGE SYSTEM OF THE CITY OF FRANKFORT, INDIANA, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND OTHER MATTERS PERTAINING THERETO WHEREAS, in order for the City of Frankfort, Indiana, to meet the applicable effluent limitations, national standards of performance, and other discharge criteria which are required or authorized by regulating the quality and quantity of wastewater discharge into the City s sewage works, it was necessary to enact an ordinance setting uniform requirements for discharges into the wastewater collection and treatment systems of the City of Frankfort, Indiana, and; WHEREAS, Ordinance #PO-80-1, as heretofore amended, enables the City to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403) and amendments, and; WHEREAS, this Ordinance shall further amend, and shall restate and replace said Ordinance #PO-80-1; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Frankfort, Indiana, as follows: SECTION 1. DEFINITIONS Unless the contest specifically indicated otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: 101. Act or the Act - The Federal Water Pollution Control Act, (PL ) also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq., as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act Applicable Pretreatment Standard - Any pretreatment limit or prohibitive standard (federal and/or local) contained in this Ordinance

2 2 deemed to be the most restrictive which non-domestic Users will be required to comply with Approval Authority - The Regional Administrator of the EPA Authorized representative of Industrial User - An authorized representative of an Industrial User may be: (1) A principal executive officer of at least the level of vice-president, if the Industrial User is a corporation; (2) A general partner or proprietor if the industrial User is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates Average Monthly Discharge Limitation - The highest allowable average of daily discharges over a calendar month, calculated as of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month Beneficial Uses - These uses include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by State or Federal law Biochemical Oxygen Demand - (or B.O.D.) of sewage, sewage effluent, polluted waters or industrial wastes shall mean the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five (5) days at 20 Centigrade. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods Building (or House) Drain - 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 Building Drain - Sanitary - A building drain which conveys sanitary or industrial sewage only Building Drain - Storm - A building drain which conveys storm water or other clear water drainage, but no wastewater.

3 Building (or House) Lateral Sewer - The extension from the building drain to the sewerage system or other place of disposal Building Sewer - Sanitary - A building sewer which conveys storm water or other clear water drainage, but no sanitary or industrial sewage Building Sewer - Storm - A building sewer which conveys storm water or other clear water drainage, but no sanitary or industrial sewage Building Units - Where more than one family, office, or business occupies a single building. Example: 2 or more apartments, 2 or more offices, 2 or more businesses occupy the same building, then each apartment, office, or business is counted as a single unit Categorical Standards - National Categorical Pretreatment Standards or Pretreatment Standard Chemical Oxygen Demand - (or C.O.D.) of sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods City - The City of Frankfort, Indiana Compatible Pollutants - Biochemical oxygen demand, suspended solids, ph, and fecal coliform bacteria, plus additional pollutants dentified in the City s National Pollutant Discharge Elimination Systems (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 compatible include: a) Chemical oxygen demand b) total organic carbon c) phosphorous and phosphorous compounds

4 4 d) nitrogen and nitrogen compounds e) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works) Composite Sample - A composite sample should contain a minimum of eight discrete samples taken at equal time intervals proportional to the flow rate over the composting period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable Control Authority - Utility Service Board of the City of Frankfort, Indiana Daily Discharge - Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling Department - The City of Frankfort Wastewater Treatment Plant, including the sewer collection Domestic Sewage - Wastewater from typical residential Users and having pollutant characteristics of not greater then 200 mg/l BOD and 250 mg/l suspended solids Easement - An acquired legal right of the specific use of land owned by others Effluent - Water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet Environmental Protection Agency, or EPA - The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency Fecal Coliform - 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.

5 Floatable Oil - Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility Garbage - Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce Grease and Oil - A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of the determination in accordance with Standard Methods Grease and Oil of Animal and Vegetable Origin - Substances of biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants Grease and Oil of Mineral Origin - Substances that are less readily biodegradable than grease and oil of animal or vegetable origin, and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes Ground (Shredded) Garbage - Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half (1/2) inch in dimension Grab Sample - A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time Holding Tank Waste - Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks and the like Incompatible Pollutant - Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids, and further defined in Regulation 40 CFR Part Industrial User - Any industrial, commercial, governmental, manufacturing or processing facility that introduces pollutants into the publicly owned treatment works from any non-domestic source regulated under the Act, State Law/or local ordinance.

6 Industrial Wastes - Any solid, liquid, or gaseous substance 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 User Industrial Waste Permit - A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW Infiltration - The water entering a sewer system, including sewer service connections, 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 Infiltration/Inflow - The total quantity of water from both infiltration and inflow without distinguishing the source Inflow - The water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cistern overflows, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration Influent - The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet Inspector - A person authorized by the Board Interference - The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City s NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, The Toxic Substances Control Act, or more stringent state criteria (including those contained in any State sludge criteria, including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

7 Maximum Daily Discharge Limitations - highest allowable daily discharge Minor contributor - A non-residential contributor that: (a) has potential for discharging pollutants that could violate specific local limits; or (b) has potential for accidental spill or slug discharges of pollutants to the sewage system Natural Outlet - Any outlet into a watercourse, pond, lake or other body of surface or ground water National Categorical Pretreatment Standard or Pretreatment Standard - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial Users National Prohibitive Discharge Standard or Prohibitive Discharge Standard - Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section and includes specific prohibitions or limits as developed by a POTW, either as a requirement of an Approved POTW Pretreatment Program or an NPDES Permit New Source - Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317). Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard 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 PL Nuisance - Anything which is injurious to health or offensive to the senses or an obstruction of the free use of property so as to interfere with the comfort or enjoyment of life or property Pass Through - A discharge which exits the POTW into the waters of the United States in quantities or concentrations which alone or

8 8 with discharge or discharges from other sources is a cause or causes a violation of the POTW s NPDES Permit, including an increase in the magnitude or duration of a violation Person - Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, 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, 149. ph - The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution Pollution - An alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water Pollutant - Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water Premises - A parcel of real estate including any single improvement thereon which is determined by the Board to be a single User for purposed of receiving, using and payment for service Pretreatment - 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 Public Law , under regulation 40 CFR Part 403 pursuant to the Act, and amendments.

9 Pretreatment Requirements - Any substantive or procedural requirement related to pretreatment, other than a national pretreatment Standard imposed on an industrial User Proper Operation and Maintenance - Procedures executed in a prudent, cost-effective and workmanlike manner which achieve the highest and/or required effluent quality of industrial discharge attainable in conformance with the best available technology and practices. Proper operation and maintenance requirements include avoidance of operational error, adherence to manual instructions, preventive maintenance, avoidance of careless or improper operation, neat accurate sampling, analysis and records retention, storage of process chemicals, lubricants, solvents, etc., in a safe and organized manner, avoidance of accidental spillage, keeping operating logs and other activities which produce the desired effluent quality Publicly Owned Treatment Works (POTW) - A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this ordinance, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the (City) who are, by contract or agreement with the (City), Users of the (City s) POTW. Also known as sewage works POTW Treatment Plant - That portion of the POTW designed to provide treatment to wastewater Receiving Stream - The watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant Residential - Single family dwelling Sanitary Sewage - The waste from water closets, urinals, laboratories, sinks, bathtubs, showers, basement drains, household laundries, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains, stable floor drains and all other water-carried waste except industrial wastes Sewage Works - Sewers, wastewater treatment plant, sewerage system, and any associated structures or equipment. Also known as POTW.

10 Sewer - A pipe or conduit laid for carrying wastewater or other liquids Combined Sewer - A sewer which carries both storm, surface, ground water runoff and wastewater Public Sewer - A sewer in which all owners of abutting property have equal rights and which is controlled by public authority, including the following elements: Collection Sewer - A sewer whose primary purpose is to collect wastewaters from individual point source discharges Interceptor sewer - a sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility Force Main - A pipe in which wastewater is carried under pressure Pumping station - A station positioned in the public sewerage system at which wastewater is pumped to higher level Sanitary Sewer - A sewer which carries wastewater and to which storm, surface and ground waters and unpolluted industrial wastewater are not intentionally admitted Storm Sewer - A sewer which carries storm, surface and ground water drainage but excludes wastewater Sewerage System - The network of publicly-owned sewers and appurtenances used for collecting, transporting and pumping wastewater to the wastewater treatment plant Significant Industrial User - A contributor that is any Categorical Industrial User (CIU) or a contributor that is any other Industrial user (IU) which: (a) has a discharge of twenty-five thousand (25,000) gallons or more per day; (b)has in its waste a toxic pollutant in toxic amounts as defined in Section 307 of the Federal Act; (c) has a flow of five percent or greater of the discharge carried by the municipal system receiving the waste; (d) has a discharge which makes up five percent or more of the dry weather average hydraulic or organic capacity of the POTW; (e) has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act of State Statutes and rules; or (f) is found by the City, State Control Agency, or the U.S. Environmental

11 11 Protection Agency (EPA) to have a reasonable potential, either singly or in combination with other industries, for adversely affecting the wastewater treatment system, the quality of sludge, the system s effluent quality or air emissions generated by the system Significant Non-Compliance - Any user whose violation remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves failure to accurately report non-compliance; or which results in the POTW exercising its emergency authority. For the purposes of this provision, an industrial user is in non-compliance if its violation meets one or more of the following criteria: limit for six- grease, (a) (b) (c) (d) (e) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average the same pollutant parameter; Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and and 1.2 for all other pollutants except ph); Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority determines has caused, alone or in combination with other discharges, interferences or pass through (including endangering the health of POTW personnel or the general public); Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW s exercise of its emergency authority to halt or prevent such a discharge; Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

12 12 (f) (g) (h) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; Failure to accurately report non-compliance; Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program Sludge - Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act PL Slug - 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 and shall adversely affect the sewage works Standard Industrial Classification (SIC) - A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, Standard Methods - Shall mean the laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation Storm Water - Any flow occurring during or following any form of natural precipitation and resulting there from Superintendent - The administrative head of the Wastewater Treatment Plant Supervisor, Sewer Maintenance - Administrative head of sewer maintenance.

13 Surcharge - A charge for services in addition to the basic service charge Suspended Solids - 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 Total Solids - The sum of suspended and dissolved solids Toxic Amount - 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 Section 307(a) of PL Toxic Pollutants - Any pollutants listed under section 307 of the Clean Water Act determined to be harmful to organisms when discharged into waters Toxic Substances - Any chemical or mixture that may present an unreasonable risk of injury to health or the environment Toxics - Those pollutants that have a toxic effect on living organisms 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 sanitary sewers and wastewater treatment facilities provided Upset - An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this Ordinance due to factors beyond the reasonable control of the Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventive maintenance or careless or improper operation thereof User - Any person that discharges, causes or permits the discharge of wastewater into the sewerage system.

14 User Classes - The Industrial Class shall include any User, identified in the Standard Industrial Classification Manual of 1972, Office of Management and Budget, as amended and supplemented under the following divisions: Division A - Agriculture, Forestry and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communications, Electric, Gas and Sanitary services; and Division I - Services. The Non-Industrial Class shall include all Users whose wastes are segregated domestic wastes or wastes from sanitary conveniences where regular domestic wastes are those wastes generated by normal domestic activity Utility Service Board - The administrative governing body of the public utilities of the City of Frankfort, Indiana. Herein also referred to as the Board Volatile Organic Matter - The material in the sewage solids transformed to gases or vapors when heated at 550 centigrade for 15 to 20 minutes Waste - Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing or industrial operation of whatever nature, including such waste placed within containers of whatever nature, prior to, and for purposes of disposal Wastewater - The water-carried waste from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and storm waters as may be present Wastewater Constituents and Characteristics - The individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater Wastewater Treatment Plant - Any arrangement of devices and structures used for treating Wastewater Watercourse - A channel in which a flow of water occurs, either continuously or intermittently.

15 Waters of the State - Any water, surface or underground, within the boundaries of Indiana, except confined waters in sewers, tanks and the like The use of the word shall indicates a mandatory condition. The use of the word may indicated a discretionary condition Abbreviations The following abbreviations shall have the designated meanings: 40 CFR General Pretreatment Regulations as published in the Federal Register on June 26, 1978, and on January 28, 1981, and in subsequent amendments thereto. ASTM - American Society For Testing Materials. BOD - Biochemical Oxygen Demand. CFR - Code of Federal Regulations. COD - Chemical Oxygen Demand. EPA - Environmental Protection Agency. ISBH - Indiana State Board of Health. l - Liter. mg - Milligrams. mg/l - Milligrams per liter. NPDES - National Pollutant Discharge Elimination System. O&M - Operation and Maintenance. POTW - Publicly Owned Treatment Works. RCRA - Resource Conservation and Recovery Act (PL 94580). SIC - Standard Industrial Classification. SWDA - Solid Waste Disposal Act. 42 U.S.C. 6901, et. seq. TSS - Total Suspended Solids. USB - Utility Service Board. USC - United States Code WPCF - Water Pollution Control Federation.

16 16 SECTION 2. GENERAL PROVISIONS 201. Bylaws, Rules and Regulations. The Utility Service Board shall, in accordance with the statutes of Indiana, make and enforce whatever bylaws, rules and regulations it may deem necessary for the safe, economical and efficient management of the City s Sewage Works, for the construction and use of building sewers and connections to the sewerage system, and for the implementation of the provisions of this Ordinance in general Requirements for Connecting to Public Sewers. No owner or occupant of any real property shall tap or drain either directly or indirectly into any public sewer until a sewer tap permit has been obtained and until he has provided site plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation and has satisfied his obligation to pay all assessments, reimbursement or prorated shares of sewer extension costs laid against that property for public sewers installed to serve it. A tap permit issued in error or sewerage service charges billed to a property in error shall not operate to nullify any such obligation that has been duly recorded. Sewer tap permits shall only be valid for a period of sixty (60) calendar days. Tap permits may be extended by the Sewer Maintenance Superintendent for not more than thirty (30) calendar days, provided that work is in progress. The Utility Service Board or its agent shall have the authority to require an owner of real property to disconnect from a building sewer which drains into a sanitary or combined sewer any downspouts, sump-pumps, basement subsurface drains, cistern over-flows, yard drains or other drains which carry the runoff of natural precipitation. Property owners shall have thirty (30) days after notice to comply with any such requirements. The Utility Service Board shall not authorize any tap permit which will cause excess flow, BOD and/or suspended solid loading of the wastewater treatment plant, force mains, lift stations or sewers Extensions of Sewers Outside Corporate Limits. The installation, construction or extension of sewers outside the corporate limits of the City and the connection or extension of sewers into the City s sewerage system, by or from properties located outside such limits shall be prohibited, except upon prior approval by the Utility Service Board Connections to Sewerage System by Certain Out-of-City Properties. Notwithstanding the provisions of paragraph 203, the Utility Service Board shall have the authority to permit a property located outside the

17 17 corporate limits of the City to connect to an existing sewer which is part of the City s sewerage system, provided the property abuts, adjoins and is immediately contiguous to the street, alley or easement in which such sewer is located and provided the property owner or occupant has complied with the conditions set out in paragraph Violations and Penalties. Any person found to be violating or failing to comply with any of the provisions of this Ordinance shall be served by the Board with a written notice stating the nature of the violation and providing a reasonable time limit for its satisfactory correction as discussed in Section 10 and 11 of this ordinance. The offender shall, within the period of time stated in the notice, permanently cease all violations. any Any person who shall continue any violation beyond the stated time limit shall be subject to a fine in an amount of not less than Twentyfive Dollars ($25.00) nor more than Two Thousand Five Hundred Dollars ($ ). Each day in which any such violation shall continue shall be deemed a separate offense. Any person violating provision of this ordinance shall be liable to the City for expense, loss or damage incurred by the City by reason of such violation The Board shall prohibit any new connection from inflow sources into the sanitary sewer potions of the sewerage system and shall assure that policies are established such that new sewers and connections to the sanitary sewers are properly designed and connected The Board shall not approve any new connection into the sanitary sewers which will cause overloading The terms of this Ordinance shall apply to the entire service area from which sewage is received and treated at the wastewater treatment plant, both inside and outside of the City s corporation limits Any person who makes, or causes to be made, an excavation for the installation, replacement or repair of any sewer within the public right-of-way, which excavation exceeds five (5) feet in depth, shall use a safety trench box or similar device for the protection of employees, workers and the general public from the hazards of cave-ins Construction of any new combined sewers are prohibited.

18 18 SECTION 3. DISCHARGE TO PUBLIC SEWERS 301. 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 Frankfort, or in any area under the jurisdiction of the City of Frankfort, any human or animal excrement, garbage or other objectional waste The owner of any house, building or property used for human occupancy, employment, recreation or other purpose, situated within the City and abutting on any street, alley or right-of -way in which there is now located a public sanitary or combined 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 Ordinance, within ninety (90) days after the date of official notice to do so, provided that said public sewer tap is available at the property line or is within three-hundred (300) feet of the property line No person shall discharge or cause to be discharged to any sanitary sewer, whether directly or indirectly, storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water. The Board shall require the removal of unpolluted water from any wastewater collection or treatment facility if such removal is cost-effective and is in the best interest of all Users of those facilities Stormwater, surface water, ground water, roof run-off, 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. No new connection shall be made unless there is capacity available to all downstream storm sewers 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 waters except where suitable treatment has been provided in accordance with provisions of this Ordinance and the NPDES Permit It shall be unlawful to discharge to any natural outlet within the City of Frankfort, or in any area under the jurisdiction of the Board, sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance and the NPDES Permit.

19 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 It is unlawful for the owner, tenant, occupant, or any person in a building or place where cooking is done, to discharge any grease into the city sewer system. Any commercial cooking facility shall install a grease trap interceptor and shall provide the city with proof of proper cleaning and disposal of said interceptor upon request. Greasetrap interceptors are not required for private living quarters or residential dwellings.

20 20 SECTION 4. PRIVATE DISPOSAL AND SEWER SYSTEMS 401. Where a public sanitary sewer is not available under the provisions of Section 3, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from 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 deemed necessary by the city. A permit and inspection fee of Three Hundred Twenty Five Dollars ($325.00) for each residential connection, Four Hundred Dollars ($400.00) for each commercial connection, and One Thousand Dollars ($ ) for each industrial connection shall be paid to the Sewer Maintenance Division at the time the application is filed. If more than one (1) Family, Office, or Business occupies the same building, then the initial permit/connection fee shall be a minimum of Four Hundred Dollars ($400.00) plus an additional Twenty Five Dollars ($25.00) per unit there after 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 allowed 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 forty-eight (48) hours of the receipt of notice by the City The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Board of Health of the State of Indiana and the Clinton County Health Department. 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 public sewer or natural outlet For persons located within the municipal boundries of the City of Frankfort, at such time as a public sewer becomes available to a property served by a private sewage disposal system by reason of a sanitary sewer line being brought to within 300 feet of the property

21 21 line of that person, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private disposal facilities shall be abandoned and filled with a suitable sand and gravel mixture. and For property owners outside the municipal boundries of the City of Frankfort to whom the public sanitary sewer system of the City of Frankfort becomes available by a public sewer line being constructed to within 300 feet of that persons property line, the board, may by resolution, require the connection by such persons to the sanitary sewer line, and any septic tanks, cesspool, or similar private sewage disposal facility shall be abandoned and filled with a suitable sand gravel mixture The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City Upon oral or written notification the City or (its Agents) reserves the right to enter upon private property to inspect and or perform any test it deems necessary for the elimination of any direct or indirect inflow. Any cost associated with the inspection and testing shall be borne by the City. All cost and expenses of repairs that need to be performed shall be borne by the owner No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the City.

22 22 SECTION 5. BUILDING SEWERS 501. No 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 or its Agents. 502.A Existing Service. There shall be three (3) classes of building sewer inspection permits for replacement and or repair : (1) residential service, (2) for commercial service, and (3) for service to establishments producing industrial wastes. In each case, the owner or his representative shall make application on a special form furnished by the Board. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Board or its Agents. There shall be a charge of Twenty-five Dollars ($25.00) for a residential service, Fifty Dollars ($50.00) for a commercial service, and One Hundred Dollars ($100.00) for an industrial service made for such permit and inspection. 502.B New Services. Residential sewer tap/connection fee shall be Three Hundred and Twenty-five Dollars ($325.00). If more than one tap is required per lot, additional tap(s) shall be billed based on time and material with a minimum cost of Three Hundred and Twenty-five Dollars ($325.00) per tap. All other sewer tap/connections shall be Four Hundred Dollars ($400.00). If no tap is available the tap/connection fee will be billed based on time and material with a minimum cost of Four Hundred Dollars ($400.00). If more than one tap is required per lot, additional tap(s) shall be billed based on time and material with a minimum cost of Four Hundred Dollars ($400.00) per tap. If more than one (1) Family, Office, or Business occupies the same building, then the initial permit/connection fee shall be a minimum of Four Hundred Dollars ($400.00) plus an additional Twenty Five Dollars ($25.00) per unit there after 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 Board for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

23 A separate and independent building sewer shall be provided for every building designed for human occupancy or business, 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. Cost of repair to be shared equally by both owners Old building sewers may be used in connection with a new building only when they are found, on examination and test by the Supervisor, Sewer Maintenance, to meet all requirements of this ordinance 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 back-filling 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 the Recommended Standards for Wastewater Facilities,A.S.T.M. and W.E.F. Manual of Practice No. 9 or current issues, and the Uniform Building and Plumbing Code of the State of Indiana shall apply Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. A cleanout shall be installed no farther than three (3) feet from the foundation. No building sewer shall be laid parallel to or within three (3) feet of any bearing wall. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible 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 The connection of the building sewer into the public sewer shall be made at the Y branch /tap connection as set fourth in section 502. Special fittings may be used for the connection only when approved by the Superintendent of the Sewer Maintenance Department The applicant for the building sewer permit shall notify the Supervisor of Sewer Maintenance when the building sewer is ready for inspection and

24 24 connection to the public sewer. The connection shall be made under the supervision of the said Supervisor or his representative All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, idewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Supervisor of Sewer Maintenance All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Supervisor of Sewer Maintenance. Pipe laying and backfill shall be performed in accordance with section 506 of this Ordinance, except that no backfill shall be placed without prior approval, until the work has been inspected All joints and connections shall be made gastight and watertight The owner of any building or other real estate which has a sewer, sometimes referred to herein as a building sewer, connected now or in the future to a public sewer shall be responsible for the maintenance, repair, replacement and the cleaning of the part of said building sewer which runs on or under his said real estate to the following point, to-wit: to the clean-out and or the curb line in the case where the public sewer is under a street ; to the nearest edge of the traveled portion of the alley, in the case where the public sewer is under an alley, and; to the nearest line of the particular easement, where the public sewer is in an easement. Provided, however, that this requirement shall not change the obligations of the owner under Paragraph 509 or any other paragraph, regarding the initial construction and connection of a building sewer to a public sewer.

25 25 SECTION 6. PROVISIONS FOR STORM WATER AND DRAINAGE 601. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer Storm water 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 discharged, on approval of the City, to a storm sewer or natural outlet New and existing Service. There shall be three (3) classes of storm sewer permits: (1) for residential service, (2) for commercial service, and (3) for service to industrial users. In each case, the owner or his representative shall make application on a special form furnished by the Board. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Board or its Agents. There shall be a charge of Twenty-five Dollars ($25.00) for a residential inspection, Fifty Dollars ($50.00) for a commercial inspection, and One Hundred Dollars ($100.00) for an industrial inspection made for such permit and inspection. When requested, and no connection is available, such connection maybe made available and all cost and expenses incident to the installation and connection shall be borne by the party requesting said connection.

26 26 SECTION 7. WASTEWATER ADMISSIBILITY 701. Prohibitions and Limitations. The objectives of these Prohibitions and Limitations are: To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; To improve the opportunity to recycle and reclaim wastewaters and sludges from the system. Except as hereinafter provided, no person shall discharge or cause to be discharged wastewater containing in excess of the following concentrations at the point(s) where such wastewater enters the sewerage system based upon average monthly discharge by-flow composite samples. Multiple industrial wastewater discharges from a permitted facility may be combined in a flow weighted manner to determine compliance with the following limitations for the average monthly discharge: Any liquid or vapor, along or in conjunction with other discharges that exceeds 150 Fahrenheit (65 C) at the discharge to the sewer or that causes the treatment plant s influent to exceed 104 F (40 C), unless the City has received approval Any waters or wastes containing more than 100 milligrams per liter of compatible animal or vegetable fats, oils, greases or waxes of animal or vegetable origin, whether emulsified or not, which may solidify or become viscous at temperatures between 32 and 150 F (0 and 65 C) Any gasoline, benzene, naphtha, fuel oil, mineral or synthetic oil or any other flammable or explosive liquid, solid or gas of mineral origin whether emulsified or not.