Chapter 51:
WATER AND SEWERS
General Provisions
§ 51.001 Definitions
§ 51.002 Damaging, destroying waterworks facilities prohibited
§ 51.003 State law incorporated by reference
§ 51.004 Classification of sewer permits
Use of Public Sewers Required
§ 51.015 Prohibition of unlawful disposal
§ 51.016 Disposal boundaries
§ 51.017 Forbidden sewage facilities
§ 51.018 Required waste facilities and sewer connections
Building Sewers
§ 51.030 Permit required; fees
§ 51.031 Excavations
§ 51.032 Use of water for building purposed to be metered; meter deposit
§ 51.033 Separate sewer for each building; exception
§ 51.034 Connection of new building to old sewer
§ 51.035 Specifications for building sewers
§ 51.036 Source of surface runoff or groundwater not to be connected to new sewer
§ 51.037 Inspections
Connections
§ 51.050 Connections to meet city regulations
§ 51.051 When connection to public sewer system required
§ 51.052 Water and sewer taps; illegal tap-ins
§ 51.053 Owner to provide suitable toilet facilitates for connection
§ 51.054 Connections to be conveniently located with respect to city lines and mains
§ 51.055 Storm water drain connection prohibited
§ 51.056 Cost of connection
Private Systems
§ 51.070 Prohibited when connection to public sewer system available
§ 51.071 Private connection requirements
§ 51.072 Permit procurement
§ 51.073 Construction inspection
§ 51.074 Construction compliance
§ 51.075 Governing authority
§ 51.076 Maintenance responsibility
§ 51.077 Subsequent sewer availability
Usage
§ 51.090 Right to purchase, use water
§ 51.091 Application for service
§ 51.092 Water to be used for domestic consumption only; resale prohibited
§ 51.093 Customers with boilers or pressure vessels
§ 51.094 Use by city; use for public purpose
Meters
§ 51.110 Meter deposit
§ 51.111 Meters installed, maintained at expense of city
§ 51.112 Testing meters; fee
§ 51.113 Defective meter; determination of water consumption
§ 51.114 Use of water supplied on other than metered basis
§ 51.115 Use of water not being discharged into sewer facilities; special meters
Discharges
§ 51.130 Deposits of garbage, wastes to non-sewer facilities prohibited
§ 51.131 Inflammable substances, substances which might cause obstructions prohibited
§ 51.132 Discharge of unpolluted waters
§ 51.133 Prohibited discharges
§ 51.134 Certain discharges restricted
§ 51.135 Compliance with federal and state guidelines required
§ 51.136 Grease, oil, and sand interceptors
§ 51.137 Maintenance of pretreatment facilities
§ 51.138 Structures for sampling, observation may be required by city
§ 51.139 "Standard Methods for Examination of Water and Wastewater" to be used by city
§ 51.140 User to provide discharge information
§ 51.141 Special agreements
Rates and Charges
§ 51.160 No free or reduced charge service
§ 51.161 Monthly water rates
§ 51.162 Waterworks connection charge; service charge
§ 51.163 Monthly sewer rates and charges
§ 51.164 Special rates for unusual discharges
§ 51.165 Sewer connection charge
§ 51.166 Single meter serving multi-unit premises
§ 51.167 Billing procedure; delinquent payments
Administration and Enforcement
§ 51.180 Inspections
§ 51.181 Hearing Board
§ 51.182 Use of city property for renovation of sewer system authorized
§ 51.183 Easement right-of-way to be granted by each customer
§ 51.184 City owns lines, meters, and the like
§ 51.185 Discontinuance of service
§ 51.186 Interruption of service
§ 51.187 Refusal of service
§ 51.188 Complaints
§ 51.189 Liability
§ 51.190 Amendment of regulations
Extensions of Service; Surcharges
§ 51.210 Purpose and policy
§ 51.211 Application for water and sewer service extension
§ 51.212 General criteria for extensions of service
§ 51.213 Extension serving a single customer or property
§ 51.214 Rebate policy
§ 51.215 Costs of extensions; city participation; warranty
§ 51.216 Surcharges for extensions funded by the city
§ 51.217 Severability
Water Shortages
§ 51.300 Water Shortages
§ 51.301 Definitions
§ 51.302 Declaration of a Water Shortage Advisory
§ 51.303 Declaration of a Water Shortage Alert
§ 51.304 Declaration of a Water Shortage Emergency
§ 51.305 Shortage Water Rates
§ 51.306 Regulations
§ 51.307 Penalties
§ 51.308 Severability
§ 51.309 Effective Date
§ 51.310 Effective Period
§ 51.400 Etc.
§ 51.999 Penalty
GENERAL PROVISIONS
§ 51.001 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"BOD (denoting BIOCHEMICAL OXYGEN DEMAND." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20`C., is expressed in milligrams per liter.
"BUILDING DRAIN." That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
"BUILDING SEWER" or "HOUSE CONNECTION." The extension from the building drain to the public sewer or other place of disposal.
"CITY" The city of New Castle, Kentucky, acting by and through its City Commission or by and through such other body as shall be the governing body of the city under state law at any given time. (Ord. 83-6, passed 10-4-83)
"COMBINED SEWER." A sewer intended to receive both wastewater and storm surface water.
"CUSTOMER." A property owner or his agent who has agreed to purchase
water or sewer service from the city. (Ord. 83-6, passed 10-4-83)
"EASEMENT." An acquired legal right for the specific use of land owned by others.
"FLOATABLE OIL." Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of "FLOTABLE FAT" if it is properly pretreated and the wastewater does not interfere with the collection system.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
“LATERAL LINE.” That portion of the sewer line which connects the building sewer with the main collection line of the public sewer, usually under a public street or way.
"INDUSTRIAL WASTES." The wastewater from industrial processes, trade, or business, as distinct from domestic or sanitary waste.
"NATURAL OUTLET." Any outlet, including storm sewers, sanitary sewers, and combined sewer overflows, into watercourse, pond, ditch, lake, or other body of surface or groundwater.
"PERSON." Any individual, firm, company, association, society, corporation, or group.
"pH." The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams per liter of solution. Neutral water, for example, has a "pH" value of 7 and a hydrogen-ion concentration of 10-7.
"PROPERLY SHREDDED GARBAGE." 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 1/2 inch (1.27 centimeters) in any dimension.
"PUBLIC SEWER." A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority and shall include the main sewer in the street and the lateral (or service branch) to the property line.
"SANITARY SEWER." A sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not intentionally admitted.
"SEWAGE." The spent water of a community.
"SEWAGE TREATMENT PLANT." Any arrangement of devices and structures used for treating sewage.
"SEWAGE WORKS" or "SEWAGE SYSTEM." All facilities for collecting, pumping, treating, and disposing of sewage.
"SEWER." A pipe conduit that carries wastewater or drainage water.
"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 15 minutes, more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system or performance of the wastewater treatment works.
"STORM DRAIN" or "STORM SEWER." A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
"SUPERINTENDENT." The Superintendent of Sewer and Water of the city or his authorized deputy, agent, or representative, or other authorized representative of the city, including the Mayor.
"SUSPENDED SOLIDS." The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as unfilterable residue.
"SYSTEM." The combined and consolidated water and sewer system of the city, as now or hereafter constituted. (Ord. 83-6, passed 10-4-83)
"UNPOLLUTED WATER." Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewer and wastewater treatment facilities provided.
"WASTEWATER." The spent water of a community. From the standpoint of source, "WASTEWATER" may be a combination of the liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with any unintentionally admitted groundwater, surface water, and storm water that may be present.
"WASTEWATER FACILITIES." The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial waste and dispose of the effluent.
"WASTEWATER TREATMENT WORKS." An arrangement of devices and structures for treating wastewater, industrial waste, and sludge.
"WATERCOURSE." A natural or artificial channel in which a flow of water occurs, either continuously or intermittently. (Ord. 86-1, passed 1-8-86)
§ 51.002 DAMAGING, DESTROYING WATERWORKS FACILITIES PROHIBITED.
No unauthorized person shall intentionally or wantonly break, damage, destroy, uncover, deface, or tamper with any structure appurtenance, or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under a charge of criminal mischief, and shall be subject to the same penalty as imposed by state law for the offense of criminal mischief.
(Ord. 86-1, passed 1-8-86)
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Statutory reference: Criminal mischief, see KRS 512.020 through 512.040
§ 51.003 STATE LAW INCORPORATED BY REFERENCE.
All applicable state law which now or may hereafter exist is incorporated herein and made a part of this chapter. The city may use any powers therein contained, in addition to those herein set out. (Ord. 83-6, passed 10-4-83)
§ 51.004 CLASSIFICATION OF SEWER PERMITS.
There are three classes of sewer permits established:
(A) Installation of private sewage disposal facilities.
(B) Residential and commercial building sewers.
(C) Industrial sewer connections. (Ord. 86-1, passed 1-8-86)
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Cross-reference:
Permits for residential and commercial building sewers and industrial sewer connections, see § 51.030
Permits for private sewage disposal systems, see § 51.072
USE OF PUBLIC SEWERS REQUIRED
§ 51.014 PROHIBITION OF UNLAWFUL DISPOSAL
It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any human or animal excrement, garbage, or other objectionable waste.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.016 DISPOSAL BOUNDARIES
It shall be unlawful to discharge to any natural outlet within the city, or any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.017 FORBIDDEN SEWAGE FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy fault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.018 REQUIRED WASTE FACILITIES AND SEWER CONNECTIONS.
The owners of all houses, buildings, or properties 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 or may in the future be 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 these facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after the date of official notice from the superintendent to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
BUILDING SEWERS
§ 51.030 PERMIT REQUIRED; FEES.
(A) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereto without first obtaining a written permit from the Superintendent.
(B) There are two classes of building sewer permits: one class for residential and commercial service, and one class for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Superintendent. A permit and inspection fee of $25 for a residential or commercial building sewer permit and $50 for an industrial building sewer permit shall be paid to the city at the time the application is filed. (Ord. 86-1, passed 1-8-96) Penalty, see § 51.999
§ 51.031 EXCAVATIONS.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.032 USE OF WATER FOR BUILDING PURPOSED TO BE METERED; METER DEPOSIT.
(A) Water for building or construction purposes will be furnished by meter measurement after a suitable deposit has been made; the minimum deposit shall be $10. The amount of the deposit shall be determined by the city based on the size of the construction work contemplated. All water for building or construction purposes, as set forth in the permit, must pass through one and the same meter.
(B) Water so supplied shall be discharged through a hose or pipe directly on the material to be made wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench. All use of water by any party other that the applicant, or use of water for any purpose or upon any premises not so stated or described in the application, must be prevented by the applicant, or water service may be discontinued to the applicant without notice. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.033 SEPARATE SEWER FOR EACH BUILDING; EXCEPTION.
A separate and independent building sewer shall be provided for every building. However, 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, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.034 CONNECTION OF NEW BUILDING TO OLD SEWER.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.035 SPECIFICATIONS FOR AND MAINTENANCE OF BUILDING SEWERS.
(A) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the city.
(B) The connection of the building sewer into the public sewer shall conform to the requirement of the State Plumbing Code and other applicable rules and regulations of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(C) 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, first floor and upward facilities shall be served by shallow sewers or a lift station as approved by the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
(D) (1) The owner of the premises served by a sewer shall be responsible for the operation and cleaning of the building sewer from the building to the point of connection with the public sewer, and for the maintenance, operation, cleaning, repair, and reconstruction of the building sewer from the building to the public sewer.
(2) The owner of the premises shall be responsible for all costs incident to the cleaning and repair of the building sewer, including, but not limited to, the opening, excavation and restoration of any public street or sidewalk if the necessity for such cleaning or repair is caused by a violation of any ordinance of the city, interference of the building sewer which is caused by roots or other vegetative growth from whatever source, or necessary maintenance of the line.
(3) In the event that such repair is necessitated by the collapse or deterioration of a building sewer within or under the public way, then all costs incident to such repair shall be borne by the City, as to that portion of the building sewer.
(4) All restoration of public way must be performed in accordance with § 51.031.
§ 51.036 SOURCE OF SURFACE RUNOFF OR GROUNDWATER NOT TO BE CONNECTED TO NEW SEWER.
No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.037 INSPECTIONS.
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. The inspection shall be made within 72 hours of receipt of notice by the Superintendent. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
CONNECTIONS
§ 51.050 CONNECTIONS TO MEET CITY REGULATIONS.
(A) All sewer connections shall be made under such regulations as the city may establish. Failure to effect such a connection is hereby declared to be unlawful and shall constitute a nuisance.
(B) All sewer taps and connections to the water mains and sewer of the city shall be made by and under the direction and supervision of the Superintendent.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.051 WHEN CONNECTION TO PUBLIC SEWER SYSTEM REQUIRED.
(A) All owners, tenants, and occupants of dwellings, houses, apartments, hotels, motels, mobile homes, house trailers, mobile home parks, trailer camps, manufacturing or commercial establishments, or any other building of any kind or nature situated on a lot or lots within the city limits through which any sewage collection line has been or is hereafter installed or which abuts upon any street, alley, or easement within the city limits in which there is hereafter installed a sewage collection line, or to which property a hereafter installed a sewage collection line, or to which property a sewage collection line is extended, shall within, 90 days following the date on which the sewage collection line is placed in operation, connect
therewith all sanitary sewage drain pipes of that dwelling, house, apartment, hotel motel, mobile home, house trailer, mobile home park, trailer camp, manufacturing or commercial establishment, or other building, with the sanitary sewer collection line, conveying thereby all of the sewage therefrom into the sewer system. These connections shall be made in accordance with those rules and regulations as the city may from time to time duly establish. Failure to make such a connection is hereby declared unlawful and shall constitute a nuisance.
(B) Each owner, tenant, and occupant of similar property outside the city limits who is connected to the city water system and receives water service from the city, shall, within 90 days following the date on which the city sends written notice to that party that a city sewage collection line is available to that property, connect the property to the sewage collection line in accordance with city rules and regulations. The city shall cut off the water supply to any owner, tenant, or occupant failing to make such a connection.
(C) All architects, contractors, builders, or other persons, before commencing the erection of any building or other improvement capable of emitting liquid wastes or sewage, on any lot or parcel of land abutting on a street, alley, or easement in which there may be hereafter installed and maintained a sewage collection line; on any lot or parcel of land through which there may be hereafter installed a sewage collection line; or to which a sewage collection line is made available, shall before erecting or installing that building or improvement, exhibit to the City Commission, or to the official the Commission may designate, satisfactory evidence that a means has been provided or will be provided for connecting the sanitary sewage drain pipes from the building or other improvement with the sewer collection line. No storm water or other surface or subsurface water drain shall be connected with any sanitary sewer line hereafter constructed, nor shall any storm water, surface, or subsurface water be otherwise introduced into any sanitary sewage collection line.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.052 WATER AND SEWER TAPS; ILLEGAL TAP-INS.
(A) Whenever the city shall determine that it is feasible to provide water service to a customer, the city shall install, maintain, and operate a main distribution pipeline or lines from the system's source of water supply and shall further install and maintain, at the city's expense, such portions of the necessary water service lines as may be needed to bring water from a water main to the lot or easement line of a customer. However, if the necessary water service line from the water main to the water meter of a customer is unusually long, as determined by the Superintendent within guidelines fixed by the city, the customer may be required to pay a portion of the cost of the service line. The expense borne by the city in any event shall include the necessary tap, fittings, and shut-off valve, which items shall belong to the city. Each customer shall install and maintain, at his expense, that portion of the service line from the lot or easement line to his premises, including a stop and waste cock at the end of the house side of his service, which items shall belong to the customer. The
minimum earth cover of the customer's service shall be 30 inches. The Superintendent shall determine the size and kind of service to be installed.
(B) No sewer taps (breaking or entering into sewer lines of the city) shall be made by any person, firm, or corporation except the city. The city will, upon application to the city and payment of any tapping or connection fee as may be prescribed by the city, tap the city sewer and run a lateral to the property line of any applicant where sewers are available. Any and all installations or attachments thereto shall be made by the applicant under the direction and supervision of the city; however, nothing herein shall be construed as requiring the city to furnish a sewer connection or sewer services to any premises where a city sewer is not available at the time that the application is made. The term “property line” as used herein is the edge of the public way and unless agreed upon otherwise, shall be determined by a registered and surveyor at the city’s expense.
(Ord. 83-6, passed 10-4-83; am ord. 98-5, passed 7-15-98) Penalty, see § 51.999
(C) The provisions of § 51.162 and 51.165 of the City Code shall apply to any water or sewer connection or “tap-in” which results in the relocation of the physical connection to the city line, where such relocation has been requested or initiated by the customer or user.
§ 51.053 OWNER TO PROVIDE SUITABLE TOILET FACILITIES FOR CONNECTION.
Each owner of a house, building, or property used for human occupancy, employment, recreation, or other purposes, which is situated within the city and to which sewer service is made available by the city, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the available public sewer in accordance with the requirements of this chapter.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.054 CONNECTIONS TO BE CONVENIENTLY LOCATED WITH RESPECT TO CITY LINES AND MAINS.
Piping on the premises of a customer must be so installed that connections are conveniently located with respect to city lines and mains. The customer shall provide a place for metering which is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his side of the meter, and the city will furnish a like valve on its side of the meter.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.055 STORMWATER DRAIN CONNECTION PROHIBITED.
No storm water drain shall be or remain connected or be connected with any separate sanitary sewer heretofore or hereafter constructed as, or made part of the sewer systems of the city, nor shall any storm water be otherwise introduced into any separate sanitary sewer. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.056 COST OF CONNECTION.
(A) All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner, who shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. All connections shall be made under the supervision of the Superintendent of the sewer system or other duly authorized official of the city.
(B) The customer's service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner, in accordance with the city's rules and regulations and with the regulations of the State Department of Health.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
PRIVATE SYSTEMS
§ 51.070 PROHIBITED WHEN CONNECTION TO PUBLIC SEWER SYSTEM AVAILABLE.
(A) It shall be unlawful for any person to construct, maintain, or permit to be constructed or maintained any outdoor toilet, privy, vault, cesspool, septic tank, or other similar contrivance for the reception of sewage on any lands owned by that person or under his control, which abut upon a sewage collection line in any public street, alley, or other easement or through which a sewage collection line passes or to which a sewage collection line hereafter becomes available. All such outdoor toilets or privies shall be removed, and all such vaults, cesspools, septic tanks, or other similar contrivances for the reception of sewage shall be closed, filled, or otherwise removed from the properties described above within 90 days after the sewage collection service becomes available.
(B) All privies, surface toilets, or other means of casting or depositing sewage into a container above or below the surface of the ground, on or into the soil, into any running or percolating stream of water, or into any cistern or well whereby the soil or any surface or subsurface waters is contaminated with such sewage are hereby declared to constitute a public nuisance and their use or maintenance for a period of more than 90 days following the availability of a sewage collection line to the property is hereby prohibited.
(C) It shall be unlawful for any person to construct or maintain a privy, well, vault, cesspool, cistern, septic tank, or similar contrivance for the reception of flowable sewage where sewers are available. All such privies, wells, vaults, cesspools, cisterns, septic tanks, facilities, and similar contrivances shall be removed or disconnected by the owners and the occupants of premises to which sewers are made available in the city as soon as the sewers are made available to the premises. All such privies, facilities, and other means of casting or depositing sewage into a container above or below the surface of the ground, on the soil, into any running or percolating stream of water, or into any cistern or well, whereby the soil is contaminated with such sewage, are hereby declared to be unlawful and to constitute a nuisance. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.071 PRIVATE CONNECTION REQUIREMENTS.
Where a public sanitary or combined sewer is not available under the provisions of § 51.018, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.072 PERMIT PROCUREMENT.
Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall be made a form furnished by the city, which the application shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $35 shall be paid by to the city at the time the application is filed.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.073 CONSTRUCTION INSPTECTION.
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. 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 Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.074 CONSTRUCTION COMPLIANCE.
The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the State Department of Public Health. No permit shall be issued absorption facilities where it conflicts with County Health Department standards. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.075 GOVERNING AUTHORITY.
No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the Superintendent or the appropriate regulatory official of the state or county.
(Ord. 86-1, passed 1-8-86)
§ 51.076 MAINTENANCE RESPONSIBILITY.
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.077 SUBSEQUENT SEWER AVAILABILITY.
(A) At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, as provided in § 51.018, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.
(B) When a public sewer becomes available, the building sewer shall be connected to the public sewer within 90 days after such availability, and the owner shall have the private wastewater disposal system cleaned of sludge and filled with clean bank-run gravel or dirt at no cost to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
USAGE
§ 51.090 RIGHT TO PURCHASE, USE WATER.
(A) Each customer shall be entitled to purchase form the city, pursuant to such agreements as may from time to time be provided and required by the city, such water as the customer may desire, subject, however, to the provisions of this chapter and to such further rules and regulations as may be prescribed by the city. Further, should a customer sell or dispose of a portion of his property or subdivide it, he or the new owner of each new tract, may not demand water and taps without paying connection fees for each such tract to be served.
(B) In the event the total water supply is insufficient to meet all needs of the consumers, or in the event there is a shortage of water, the city or its Superintendent may prorate the water available among the various customers on such a basis as is deemed equitable by the city or its Superintendent. The city may also prescribe a schedule of hours covering use of water and require adherence, thereto or prohibit the use of water for specified purposes, for such appropriate period of time as may be necessary under the circumstances.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.091 APPLICATION FOR SERVICE.
Each customer must make written application for water and/or sewer service at the City Hall. The application, including service received there-under, is not assignable by the customer. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.092 WATER TO BE USED FOR DOMESTIC COMSUMPTION ONLY; RESALE PROHIBITED.
Water furnished by the city may be used for domestic consumption by the customer, member of his household, or employee only. The customer shall not sell or give the water to any other person. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.093 CUSTOMERS WITH BOILERS OR PRESSURE VESSELS.
Customers with boilers and/or pressure vessels receiving a supply of water from the city must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case water supply from the city is discontinued or interrupted for any reason, with or without notice. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.094 USE BY CITY; USE FOR PUBLIC PURPOSE.
Special terms and conditions may be made where water is used by the city or by the community for public purposes such as for fire extinguishment, public parks, and the like. (Ord. 83-6, passed 10-4-83)
METERS
§ 51.110 INITIAL SERVICE CHARGE AND SECURITY DEPOSITE.
(A) In addition to all connection charges that may be required pursuant to Section 51.162 of this Code, all customers, shall pay an initial service charge of $25 to the city for water service before such customers shall be entitled to service. This initial service charge shall be non-refundable. (Ord. 83-7, passed 10-4-83) (Am. Ord. 93-8, passed 7-12-93; Am. Ord. 96-5, passed 6-12-96)
(B) Commencing on the effective date of this ordinance, the city shall require a $75.00 security deposit from each new customer for the purpose of assuring payment of all water, sewer and trash collection bills by that customer. The city shall apply this deposit amount toward any balance due at the time service is voluntary or involuntary terminated.
§ 51.110 METERS INSTALLED, MAINTAINED AT EXPENSE OF CITY.
All meters shall be installed, renewed, and maintained at the expense of the city. The city reserves the right to determine the size and type of meter used.
(Ord. 83-6, passed 10-4-83)
§ 51.112 TESTING METERS; FEE.
Upon written request of any customer, the meter serving that customer shall be tested by the city. Such a test will be made without charge to the customer if the meter has not been tested within 12 months preceding the requested test. Otherwise, a charge of $3 will be made and then only if the test indicates meter accuracy within the limits of 2%, adjustments shall be made for the two preceding months prior to the test according to the inaccuracy in excess of 2%. (Ord. 83-6, passed 10-4-83)
§ 51.113 DEFECTIVE METER; DETERMINATION OF WATER CONSUMPTION.
Where a meter has ceased to register, or a meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months' consumption, considering the conditions of water service prevailing during the period in which the meter fails to register. (Ord. 83-6, passed 10-4-83)
§ 51.114 USE OF WATER SUPPLIED ON OTHER THAN METERED BASIS.
In the event that a building or premised discharging sewage, water, or other wastes into the municipal sewer facilities, uses water supplied on other than a metered basis from either a private or public water supply in each such case the owner or occupant may be required to cause a water meter or other measuring device to be installed, that is acceptable to the Superintendent. (Ord. 83-6, passed 10-4-83)
§ 51.115 USE OF WATER NOT BEING DISCHARGED INTO SEWER FACILITIES; SPECIAL METERS.
(A) The Director of Public Works is hereby authorized to develop a fair and reasonable policy regarding the usage of water that is not discharged into the municipal sewer facilities. Any adjustment to rates established by such policy shall be limited to one per twelve-month period.
(B) In the event any building or premises uses water in excess of 10,000 gallons per month as shown by the water meter readings for two consecutive months, and it can be shown that a substantial portion of the water as so measured does not and cannot enter the municipal sewer facilities, then the Superintendent may determine, in such a manner as may be found practicable, the amount of water entering the sewers, in which event the sewer rate or charge shall be based thereon. In the alternative, the Superintendent may require or permit the installation of additional meters or measuring devices in such a manner as to determine the quantity of water or sewage actually entering the municipal sewer facilities, in which case the sewer rate or charge shall be based thereon.
(Ord. 83-6, passed 10-4-83) (Ord. amended 12-6-2010, Ord. 10-08)
DISCHARGES
§ 51.130 DEPOSITS OF GARBAGE, WASTES TO NON-SEWER FACILITIES PROHIBITED.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, any garbage or other objectionable waste, or to discharge to any natural outlet within the city, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided under the supervision of the Superintendent or other duly authorized city official. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.131 INFLAMMABLE SUBSTANCES, SUBSTANCES WHICH MIGHT CAUSE OBSTRUCTIONS PROHIBITED.
No substances shall be placed or discharged into the municipal sewer system which will create a combustible, gaseous, explosive, or inflammable condition in the system, nor shall any substances or objects be placed or discharged into the municipal sewer system which will not dissolve and which will thus cause an obstruction and clogging within the system. No petroleum products shall be placed or discharged into the municipal sewer system. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.132 DISCHARGE OF UNPOLLUTED WATERS.
(A) 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.
(B) Storm water shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet provided a National Pollutant Discharge Elimination System (NPDES) permit has been issued from the federal Environmental Protection Agency and from the state.
§ 51.133 PROHIBITED DISCHARGES.
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.
(B) Any waters or wastes containing toxic substances, 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 violate the discharge permits of the city.
(C) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(D) Solid or viscous substances in quantities or of such a 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, un-ground garbage, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders, nor shall tree roots or other undergrowth and vegetation be allowed to obstruct or otherwise damage the public sewer system. The city shall retain a professional land survey as necessary to assist in its determination of the party or parties responsible for any such interference.
(Ord. 86-1, passed 1-8-86; Am Ord. 98-5, passed 7-15-98)) Penalty, see § 51.999
§ 51.134 CERTAIN DISCHARGES RESTRICTED.
(A) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent 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 the life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances are:
(1) Any liquid or vapor having a temperature higher than 150 degrees F.
(65`C.).
(2) Any waters or wastes containing fats, wax, grease, or oils, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between
32`F. and 150`F. (0`C. and 65`C.). Solid or viscous substances which will
or may cause interference with the free flow in a sewer or otherwise
interfere with the proper operation of the wastewater treatment system.
(3) Any garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor of ¾ horsepower
(0.76 HP metric) or greater shall be subject to the review and approval of
the Superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable heavy metals or toxic substances; or wastes exerting an
excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the wastewater treatment works
exceeds the limits established by the Superintendent for such materials and
results in violation of the city's N.P.D.E.S. discharge limitations permit.
(6) Any waters or wastes containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be
established by the Superintendent as necessary, after treatment of the
composite sewage, to meet the requirements of the state, federal, or other
public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by state or federal regulations.
(8) Any waters or wastes having a pH in excess of 9.0.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended 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) Any materials, waters, or wastes that exceed any of the maximum concentrations of 500 milligrams per liter of suspended solids, or 50 milligrams per liter of chlorine demand in such quantities as to constitute a significant load on the sewage treatment plant. A significant load shall mean a sewage treatment plant influent flow with maximum concentrations of 220 milligrams per liter for BOD or 300 milligrams per liter for suspended solids. The Superintendent may reduce the allowable maximum concentrations in the discharges from the sewage users if the concentrations in the influent flow to the treatment plant exceed the above stated concentrations.
(d) Unusual volume of flow or concentration of constituting "slugs" as defined in 51.001.
(1) Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processed employed, or are amenable to treatment only to such degree that the wastewater treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(B) 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 division (A) above, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the
public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the
wastes not covered by existing taxes or sewer charges under the
provisions of 51.141.
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 86-1, passed 1-8-86) Penalty, see 51.999
§ 51.135 COMPLIANCE WITH FEDERAL AND STATE GUIDELINES REQUIRED.
Any user of the public sewer who discharges industrial waste or matter must satisfy and meet such federal government guidelines for pretreatment (40 CFR 403 and Section 307 of the Clean Water Act, Public Law 95-217) as may be prescribed from time to time by the Environmental Protection Agency, or its successor agency, and such by the State Department for Natural Resources and Environmental Protection or its successor agency. The user shall furnish at its own expense that necessary monitoring equipment for such pretreatment as may be reasonable necessary in the opinion of the Superintendent. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.136 GREASE, OIL, AND SAND INTERCEPTORS.
Grease, oil, and sand interceptors shall be provided when, in the opinion the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; however, such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.137 MAINTENANCE OF PRETREATMENT FACILITIES
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.138 STRUCTURES FOR SAMPLING, OBSERVATION MAY BE REQUIRED BY CITY.
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling, and measurement of the wastes. Such a manhole, when required, shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.139 "STANDARD METHODS FOR EXAMINATION OF WATER AND WASTEWATER" TO BE USED BY CITY.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and shall be determined at the control manhole. 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 involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or sample should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.) (Ord. 86-1, passed 1-8-86)
§ 51.140 USER TO PROVIDE DISCHARGE INFORMATION.
The Superintendent may require a user of sewer services to provide information needed to determine compliance with this subchapter.
These requirement may include:
(A) Wastewaters discharged peak rate and volume over a specified time period.
(B) Chemical analysis of wastewaters.
(C) Information on raw materials, processes, and products affecting wastewater volume and quality.
(D) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(E) (Ord. 86-1, passed 1-8-86)
RATES AND CHARGES
§ 51.160 NO FREE OR REDUCED CHARGE SERVICE.
(A) No person, firm, corporation or other user shall be permitted to obtain water from the city or to use the city's sewer system, without charge or at less than the standard rate in effect and duly authorized by the city.
(B) All recipients of water or sewer service from the city without charge or at less than the standard rate prior to the effective date of this section, whether located within or outside the city limits, shall pay for such service on a monthly basis in accordance with the rates then in effect, or as duly authorized by subsequent action of the city.
(C) Failure to pay such charges when due will result in termination of water service and use of the sewer system. (Ord. 82-7, passed 8-3-82) Penalty, see § 51.999)
§ 51.161 MONTHLY WATER RATES.
The rates and charges for water services furnished by the city are hereby fixed and established on a monthly basis as follows:
(A) Minimum Water Rate. The minimum water bill shall be $27.38 per month, and each water customer shall be entitled to 2,000 gallons (or less) of water in each month for such minimum charge.
(B) Meter Rates for Water Usage in Addition to Minimum Charge. Subject to the minimum monthly water rate specified in division (A) of this section, the following metered charges shall be made for each 1,000 gallons of water consumption per month to customers of all size connections:
NUMBER OF GALLONS MONTHLY CHARGE PER
OF WATER PER MONTH 1,000 GALLONS
First 2,000 or less $13.69
Next 2,000 $9.38
Next 2,000 $8.66
Next 4,000 $8.12
All over 10,000 gallons $7.57
(C) The foregoing monthly water rates, exclusive of the minimum rate of $27.38 for the first 2,000 gallons or less of water per month, shall be applied in increments of 100 gallons or less. For example, if a customer uses more than 2,000 gallons and no more than 2,100 gallons of water in any month, the bill to the customer for that month shall be $28.75 consisting of the minimum bill of $27.38 for the first 2,000 gallons, plus $1.37 for the next 100 gallons or less of water consumed in that month. (Ord. 83-7, passed 10-4-83; Am. Ord. 87-4, passed 12-7-87; Am. Ord. 01-06, passed 12-12-01)
The above rates shall take effect on October 15, 2010 and shall be payable in accordance with December 2010 billings.
(D) Water Rate Adjustments Based on Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years, the water rates (as provided in subsections (A) (B) and (C) above shall be increased by a percentage equal to the increase in the Customer Price Index as determined and published by the Federal Reserve Bank of Cleveland, Ohio for the previous calendar year. In the event that the Consumer Price Index reflects no increase or a decrease, the water rates shall remain unchanged. Nothing in this subsection shall preclude the
City Commission from otherwise increasing or decreasing the water rates in any amount by subsequent ordinance.
§ 51.162 WATERWORKS CONNECTION CHARGE; SERVICE CHARGE.
(A) The waterworks connection charge shall be $800 for all standard-size connections. There shall be a separate $800 connection charge for each service unit of any multi-unit dwelling structure or business structure regardless of the number of
actual physical connections servicing the multi-unit structure. Charges for larger-size connections shall be determined by the city on an individual basis.
(B) All users, excepts those users paying the $800 waterworks connection charge, shall pay a nonrefundable service charge of $75 to the city before such user shall be entitled to water service.
(Ord. 83-7, passed 10-4-83; Am. Ord. 00-10, passed 9-20-00)
§ 51.163 MONTHLY SEWER RATES AND CHARGES.
(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CHARGES FOR DEBT OF SERVICE." Charges levied on users of the wastewater treatment system to support the annual debt service obligation of the system.
"EXCESSIVE STRENGTH OR TOXICITY SURCHARGES." Charges levied on users of the wastewater treatment system whose contributions contain pollutants (both conventional and toxic) in concentrations which exceed limits specified by this chapter for such pollutants.
"SEWER SERVICE CHARGES." A system of user charges, excessive strength or toxicity surcharges, sewage treatment surcharge, and a system of charges for debt service.
"SEWER USER CHARGES." Charges levied on all users who discharge, or cause or permit the discharge of, sewage into the public wastewater treatment system.
"USER CJARGES." Charges levied on users of the wastewater system to offset the cost of operation and maintenance of the system.
(B) Sewer service charge. The sewer service charge shall be $10.88 per month for each customer of the wastewater treatment system, which is the rate for debt service charges. (Am. Ord. #01=06, passed 12-12-01)
(C) SEWAGE TREATMENT FEE.
(1) In addition to the monthly sewer service charge, a sewage treatment
fee, based insofar as possible upon the metered quantity of water
supplied to the respective buildings or premises, shall be paid by all
customers of the wastewater treatment system, and shall be in an
amount equal to $6.32 per month for each 1,000 gallons of water
discharged into the wastewater treatment system. The above rates
shall take effect on July 15, 2009 and shall be payable in
accordance with the September 2009 billings (Am. Ord. #01-06,
passed 12-12-01)
(2) The sewage treatment fee provided in division (C) (1) is based on the
underlying assumption that all metered water consumption is
eventually returned to the wastewater treatment system. Where is can
be evidenced that the proportion of water actually returned to the
treatment system by an individual customer is significantly different
from the metered consumption, the sewage treatment fee shall be
determined on the basis of measured or estimated wastewater
discharge. The city reserves the right to determine by whatever means
and methods it may find practicable, the amount of water consumption
or wastewater discharge that shall be used to compute the sewage
treatment fee.
(D) Excessive strength or toxicity surcharge. Users having a discharge over the normal sewage strength of 300 milligrams per liter total suspended solids or 250 milligrams per liter biochemical oxygen demand shall incur an additional charge to be determined on the basis of the variable costs attributed to wastewater strength.
(E) The sewer service charge, together with the sewage treatment fee, shall be billed to each user on a monthly basis in accordance with § 51.167.
(F) Each user shall be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the total charge which is attributable to operation and maintenance of the sewage system.
(G) The city shall review not less often than every two years the sewage contribution of users, the total cost of operation and maintenance of the sewage works, and user charges. User charges shall be revised as necessary to accomplish the following:
(1) Maintain the proportionate distribution of operation and maintenance
cost among users of the treatment system.
(2) Generate sufficient revenues to offset costs associated with the proper
operation and maintenance of the sewage system.
(3) Excessive strength or toxicity surcharges shall be reviewed at the time
of and in conjunction with the review of user charges. Surcharge rates
shall be revised where necessary to reflect current treatment and
monitoring costs. (Ord 86-1, passed 1-8-86)
(H) Sewer Rate Adjustments Based Upon Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years, the sewer treatment fee as provided in subsections (B) and (C), (1) herein shall be increased by a percentage equal to the increase in the Consumer Price Index as determined and published by the Federal Reserve Bank of Cleveland, Ohio for the previous federal fiscal year. In the event that the Consumer Price Index reflects no increase or a decrease, said charge and fee shall remain unchanged. Nothing in this subsection shall preclude the City Commission from otherwise increasing or decreasing the service charge or treatment fee by subsequent ordinance.
§ 51.164 SPECIAL RATES FOR UNUSUAL DISCHARGES.
(A) In the event the sewage, water, or other liquid wastes being discharged into the municipal sewer facilities from any building or premises contains unduly high concentrates of any substances which add to the operation costs of the municipal sewer facilities, then special rates, rentals, or charges may be established, charged, and collected as to such building or premises, or the owner or other interested party may be required to specially treat such sewage, water, or other liquid wastes before discharge into the municipal sewer facilities.
(B) Whenever it is determined by the Superintendent to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which
water is used, or by reason of the character of the sewage, water, or other liquid wastes discharged therefrom, or whenever the established schedules of rates and charges for any reason are not applicable, then special rates or other charges may be established by the City Commission. Any person, firm, or operation being dissatisfied with the established schedules or rates and charges by reason of peculiar or unusual use of or occupancy of any premises, and consequently alleging peculiar or unusual uses of water, may file application with the City Commission or with any other board or body of the city which may be in charge and control of the municipal waterworks and sewer systems, for special classification rates and charges.
(Ord. 83-6, passed 10-4-83)
§ 51.165 SEWER CONNECTION CHARGES.
The sewer connection charge shall be $1,000 for all size connections. There shall be a $1,000 connection charge for each service unit of any multi-unit dwelling structure or business structure regardless of the number of actual physical connections servicing the multi-unit structure.
(Ord. 83-7, passed 10-4-83; Am ord. 89-5, passed 8-7-89)
§ 51.166 SINGLE METER SERVING MULTI-UNIT PREMISES.
Where two or more tenants or occupants (of different rental units) of property, including duplexes, apartment houses, mobile home parks, trailer parks, or other multi-unit premises, are served by a single water meter, the water and sewer rates and charges to each tenant or occupant shall be computed by dividing the number of gallons of water registered by the single meter by the number of customers being served though the meter and applying the result thus obtained to the water and sewer rate schedules set out in § 51.161 and 51.163 to arrive at the monthly bill for each tenant or occupant. Each tenant or occupant shall be separately billed unless the owner or operator of the property has agreed with the city to pay the total monthly water and sewer bill for the property. In no event shall the monthly bill applicable to each tenant or occupant be less than the minimum water and sewer rates stipulated in § 51.161 and 51.163. (Ord. 83-7, passed 10-4-83)
§ 51.167 BILLING PROCEDURE, DELINQUENT PAYMENTS.
(A) Bills and notices relating to the conduct of the business of the city will be mailed to the customer at the address listed on the application unless a change of address has
been filed in writing with the city. The city shall not otherwise be responsible for delivery of any bill or notice nor will the customer be excused from the payment of any bill or any performance required in the notice.
(B) Meters will be read monthly between the fifteenth and twentieth of each month.
(C) Bills for water and sewage service are due and payable at City Hall, or to any designated agent, on their date of issue. (Ord. 83-6, passed 10-4-83)
(D) (1) The water and sewer rates or charges shall be billed monthly on
statements which shall be issued on or about the first of each month and all
bills for such service shall be considered due and payable fifteen days after
the date of issue. If a bill is not paid within fifteen days after such date of
issue the bill shall be considered delinquent and there shall be imposed a
penalty on each bill not so paid in an amount equal to 10% of the charges
(other than sales tax) shown on the face amount of the delinquent bill. The
city shall serve a customer a written notice of his delinquency and of the
fact that the customer is entitled, upon written request, to a hearing on the
question of termination of service. If the bill is not paid within ten days
after the mailing of the notice and if no hearing is requested or if a hearing
is requested and timely held and such customer's delinquency is thereby
established, the city may disconnect the water service of the customer
without further notice. If water service is disconnected by the city by
reason of delinquency in the payment of any water or sewer bill,
reconnection of such service shall not be made until the owner or user pays
all charges and penalties owed plus the amount of $25 as a disconnection
and reconnection charge. If any deadline date falls on a Sunday or legal
holiday, such deadline shall not expire until the next secular day thereafter.
(Ord. 83-7, passed 10-4-83;Am ord. 96-7, passed 8-14-96)
(2) The owner of the premises receiving the water and sewer service shall
be primarily liable for all charges for each water or sewer service
account, and in the event of termination or notice thereof of service to
premises, the hearing procedures within § 51.181 of the City Code as
well as the billing procedures within § 51.167 (D) of the City Code
shall be implemented. The city shall not renew services to any such
premises until the delinquency has been paid or otherwise settled.
(E) If prior to discontinuance of service as provided in division (D), there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, registered nurse, or public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness
or infirmity of a person on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city's receipt of the certification, whichever occurs first.
(Ord. 83-6, passed 10-4-83)
ADMINISTRATION AND ENFORCEMENT
§ 51.180 INSPECTIONS.
(A) The Superintendent and other duly-authorized employees of the city, the State Department for Natural Resources and Environmental Protection, and the federal
Environmental Protection Agency, bearing proper credentials and identification shall be permitted to enter all properties at reasonable hours and times for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly-authorized employees of the city shall observe all safety rules applicable to the premises established by the property owner, and the property owner shall be held harmless for injury or death to the city employees. The city shall indemnify the owner 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 owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 51.138.
(C) The Superintendent and other duly-authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly-negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 86-1, passed 1-8-86)
(D) The premises receiving a supply of water, and all service lines, meters, and fixtures, including any fixtures within the premises, shall at all reasonable hours be subject to inspection by the duly-authorized employees of the city.
(Ord. 83-6, passed 10-4-83)
§ 51.181 HEARING BOARD.
A hearing Board may be appointed as needed for arbitration of differences between the Superintendent and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the Superintendent. The cost of the arbitration will be divided equally between the city and the sewer user.
(Ord. 86-1, passed 1-8-86)
§ 51.182 USE OF CITY PROPERTY FOR RENOVATION OF SEWER SYSTEM AUTHORIZED.
Use of the city's property, streets, and alleys for the purpose of renovation of the city's sewer system including, but not limited to, installation of sewer lines and connection of lines across and under city property to other lines of the sewer system, is authorized. (Ord. 84-3, passed 10-3-84)
§ 51.183 EASEMENT RIGHT-OF-WAY TO BE GRANTED BY EACH CUSTOMER.
Each customer shall grant or convey, or shall cause to be granted or conveyed to the city, a perpetual easement and right-of-way across any property owned or controlled by the customer whenever the easement or right-of-way is necessary for the city water and/or sewer facilities and lines so as to enable the city to furnish service to the customer. (Ord. 83-6, passed 10-4-83)
§ 51.184 CITY OWNS LINES, METERS, AND THE LIKE.
The city shall own all lines, meters, and other water and sewer equipment as shall be paid for by the city. (Ord. 83-6, passed 10-4-83)
§ 51.185 DISCONTINUANCE OF SERVICE.
(A) Water service may be discontinued by the Superintendent for any violation of any rule, regulation, or condition of service and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or
fixtures to be supplied, as to additional use of water and/or sewer
service, or as to unusual or extraordinary use of sewer facilities.
(2) Failure to report to the city additions to the property or fixtures to be
supplied, or of additional use of water and/or sewer service.
(3) Resale or giving away of water.
(4) Waste or misuse of water due to improper or imperfect service pipes
and/or failure to keep same in suitable state of repair.
(5) Tampering with meter, meter seal, service, or valves, or permitting
such tampering by others.
(6) Connection, cross-connection, or permitting the same, of any separate
water supply to premises which receive water form the city.
(7) Nonpayment of bills.
(B) Any customer desiring to discontinue the water and/or sewer service to his premises for any reason must give notice of discontinuance in writing at the City Hall. Otherwise, a customer shall remain liable for all water used and water and/or sewer services rendered to such premises by the city. (Ord. 83-6, passed 10-4-83)
(C) Any discontinuance of service to any structure that remains occupied for a period of twenty-four (24) hours after the discontinuation of service shall subject the owner/occupant thereof to the penalty provisions of § 51.999 (B). in the event that a business is operating in such structure, said disconnection shall constitute an immediate revocation of its business license and subject the licensee to the penalty provisions of § 70.99 of this Code. (Ord. 09-09 amended 01/4/2010)
§ 51.186 INTERRUPTION OF SERVICE.
The city shall make all reasonable efforts to eliminate interruption of service, and, when such interruptions occur, will endeavor to reestablish service with the shortest possible delay. When the service is interrupted, all consumers affected by such interruption will be notified in advance whenever possible.
(Ord. 83-6, passed 10-4-83)
§ 51.187 REFUSAL OF SERVICE
The city may refuse service to any person not presently a customer when, in the opinion of the city, the capacity of the facilities will not permit such services.
(Ord. 83-6, passed 10-4-83)
§ 51.188 COMPLAINTS.
Complaints may be made to the Superintendent whose decision may be appealed to the City Commission within ten days. Otherwise, the Superintendent's decision will be final. (Ord. 83-6, passed 10-4-83)
§ 51.189 LIABILITY
(A) The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pips, or by reason of any other interruption of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the city may be deemed necessary.
(B) If any loss or damage to the property of the city or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, or a violation of any provisions of this chapter, member of his household, or his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
(Ord. 83-6, passed 10-4-83; Am. Ord 98-5, passed 7-15-98)
§ 51.190 AMENDMENT OF REGULATIONS.
(A) These regulation may be changed or amended by subsequent ordinance.
(B) However, those sections of this chapter based on Ordinance 83-6, passed
10-4-83, shall not be amended without the permission of the holders of a majority (in amount) of outstanding bonds of the city, plus the permission of the Farmers Home
Administration, United States Department of Agriculture, as long as the United States is the owner or insurer of any bonds issued by the city and so long as any of the bonds remain unpaid. (Ord. 83-6, passed 10-4-83)
EXTENSION OF SERVICE
§ 51.210 PURPOSE AND POLICY.
In order to promote the orderly growth and advancement of existing and proposed residential, commercial and industrial areas within, adjacent to or surrounding the city limits of New Castle, so that said areas may at the proper time be served by water and/or sewer service and that those areas outside the city limits may be orderly annexed to the City of New Castle, the City Commission of the City of New Castle hereby enacts this ordinance so that henceforth city water and/or sanitary sewer service will not be extended to any of the aforesaid such areas, including those within the city limits, except under terms and conditions set forth in this subsection.
§ 51.211 APPLICATION FOR WATER AND SEWER SERVICE EXTENSION.
(A) All applicants, whether a person or a government entity other than the City of New Castle, shall file an application for an extension of city water and/or sewer service with the city on forms furnished by the city. The application shall be accompanied by three copies of a map or plat of the area showing all streets, roads, alleys, lots and proposed utility easements, and the proposed location of all fire hydrants, together with the necessary topographic information, to a scale of not less than 1-inch equals 100 feet. Three copies of the preliminary plat required by the Subdivision Regulations of the Henry County Planning and Zoning Commission shall suffice as the map or plat which must accompany the application for the extension of water or sanitary sewer service. After city approval of the preliminary plat, the city shall also be furnished three sets of design drawings at the scale of 1-inch equals 50 feet. Upon satisfactory completion of the project the applicant shall submit three (3) copies of as-built drawings certified as true by the licensed inspecting engineer, with a copy/ies of the required letters of certification to the Kentucky Division of Water. In the case of transmission facilities, the city shall be furnished with a certified copy of the applicant’s actual cost per foot, and the rebate hereinbelow set out shall be limited to said costs as certified.
(B) From the information furnished on the application, the city will make or cause to be made a study by the city’s engineer of the various elements of construction necessary to connect the proposed area into the existing water and/or sewer systems of the City of New Castle. The study shall be made at the applicant’s expense, the estimated cost of which shall be paid to the city in advance. Included in the study shall be an extension or extensions of water and sanitary sewer service. The engineer will report the findings of the study to the city.
§ 51.212 GENERAL CRITERIA FOR EXTENSIONS OF SERVICE.
Applications for extension of city water or sanitary sewer service shall be considered on the following terms and conditions:
(A) Plant capacity and efficiency are the utmost considerations for any extension of service.
(B) The applicant agrees not to protest any future annexation of the area to be served by the extension if not already within the corporate limits of the city. Such agreement shall also provide for a waiver of protest to be included in the deeds for the future sale or transfer of the property or any portion thereof and to be made a covenant running with the land binding all subsequent grantees, their heirs, successors, assigns, and personal representatives. Where water and/or sewer service is to be provided to properties in existing developments outside the city limits and no immediate transfer form the applicant is contemplated, each property owner, prior to connecting to water or sewer service shall cause the waiver of protest with the above covenant to be recorder in the Henry County Clerk’s Office.
(C) The applicant agrees to construct and pay for the construction of all water distribution mains, including valves, fire hydrants, fire hydrant gate valves, and other requirements of the city specifications, and the cost of all local collector sewers, including manholes and sewer service lines, and other requirements of the city specifications.
(D) The applicant agrees to furnish without cost to the city sufficient and adequate easements I which the extension is to be located within the service area, whether installed at the time of initial construction or in the future.
(E) The applicant agrees to abide by all applicable regulations of the Henry County Planning and Zoning Commission, the Kentucky Division of Water and all other codes and regulations of applicable agencies with respect to the construction, use and operation of the water and sanitary sewer facilities and shall agree to comply with all specifications.
(F) It is understood and agreed that where city water service is extended, sanitary sewer service shall also be simultaneously extended I accordance with § 51.018.
(G) The requirements set out herein shall be included in a written agreement between the city and the applicant as a condition precedent to any and all extensions of city water or city sanitary sewer service to the area being developed, whether within or without the city limits.
(H) The applicant shall submit to the City a proposed plan for any extension; the city shall approve or revise same. The applicant shall transmit the plans to the Kentucky Division of Water for approval. Construction shall not commence until approval of plans by the Kentucky Division of Water.
§ 51.213 EXTENSION SERVING A SINGLE CUSTOMER OR PROPERTY.
Extensions to serve a single residential or commercial customer shall be on an equitable basis and shall generally be accomplished in the same manner as set out herein for general extensions, except that no such extension will be made to areas outside the existing corporate limits unless the applicant agrees to allow the annexation by the city of the area to be served. Extensions to serve a single industrial customer outside of the existing corporate limits shall be subject to additional considerations by the city.
§ 51.214 REBATE POLICY.
(A) Additionally, an applicant may be entitled to a rebate from subsequent developers who utilize the extension (intervening line) placed into service by an initial applicant.
(B) The city may, from time to time, adopt resolutions that establish internal policy guidelines for line extension rebates which shall be used by the city and its Public Works Director in creating a fair and equitable rebate arrangement between the initial applicant and subsequent developers (intervening applicants who utilize a line extension constructed by an initial applicant.
§ 51.215 COSTS OF EXTENSIONS; CITY PARTICIPATION; WARRANTY.
(A) The full cost of the installation of all extensions is to be borne by the applicant, except as noted in the subsections below. An applicant must make his or her own arrangements to construct and pay for the required extension subject to all terms and conditions set out herein and warranty the extension for twelve (12) months after approval by the city and dedication of the facilities to the city in first-class condition. The applicant shall be wholly and entirely responsible to see that the extension confirms to the city’s specifications. In order to insure compliance with city specifications, it shall be the applicant’s responsibility to pay the cost of providing an adequate number of competent, approved full-time resident inspectors during construction. Completed extensions must meet all required performance tests, including leakage tests for water lines and maximum infiltration and exfiltration tests for sewers, and shall be certified by the inspecting Licensed Professional Engineer to be in accordance with the approved plans and specifications prior to acceptance by the city. The city has a full right of inspection in addition to the inspection by the applicant.
(B) Where adequate water transmission and distribution facilities, adequate receiving sewer for sanitary sewage, treatment facilities, trunk mains and/or water storage facilities and the outfall sewers, trunk sewers, pumping stations, treatment facilities and other such overall sanitary sewer facilities are not available, or the city significantly alters the applicant’s proposed location of extensions and facilities, consideration will be given by the city to additional participation in the cost and revenue productions, and provided that such facilities meet the requirements of the city.
(C) The city may participate in the cost of an extension where oversized or more efficient facilities are required by the city e.g., increased diameter or pipes for anticipated future growth, also referred to as betterment, etc.
(D) After the completion of an extension and after the extension has been inspected and approved by the Kentucky Division of Water and the city, the facilities shall be dedicated to the city without costs to it and shall be guaranteed to be without defect for the twelve months from the date of the Inspecting Engineer’s certification letter, which occurs after city inspection and approval. The applicant is obligated to correct any defects discovered during the warranted period.
§ 51.216 SURCHARGES FOR EXTENSIONS FUNDED BY THE CITY.
(A) The city of New Castle hereby establishes a surcharge upon customers that connect to the water or sewer system of the city resulting from an extension of the city’s water and/or sewer infrastructure as defined in § 51.001 herein, and funded by the city.
(B) The method used to establish the surcharge is based on the premise that new customers are entitled to water and/or sewer service at the same rates charged to existing customers and in order to prevent or reduce inequity to existing customers that would result if existing customers were to pay for increases in the cost of water or sewer services necessitated by additional capital improvements. It is also recognized that existing customers have provided funds for debt retirement, cash financing of improvements and other additions to the water and/or sewer system through the payment of water and sewer charges and contributions of capital prior to the addition of new customers.
(c) For each new customer that connects to the water or sewer system of the city after the effective after the effective date of this ordinance as a result of an extension of the city’s water and/or sewer infrastructure as defined in § 51.001 herein, and funded by the city, there shall be assessed and charged to that customer a surcharge, as calculated in accordance with the formula set out hereinbelow.
(D) The method of calculation for the surcharge shall take into consideration the present value of the physical plant and all improvements; the existing system capacity and current usage, and the present worth of the required capital outlay to arrive at customer equity in terms of an “equivalent residential unit” (ERU), and is calculated by determining the present value of the cost of the extension (as defined in § 51.215 herein) necessary for the proposed project, as determined by the city, and divided by the capacity of the infrastructure. The quotient is then multiplied by the ERU to determine the surcharge for a single ERU. The surcharge may be adjusted if the actual cost of the extension differs by more than 10 percent of the city’s pre-construction estimate. Further, it should be noted that the amount of the surcharge is not a constant number for each extension.
EXAMPLE: A gravity sewer system to serve a new subdivision is estimated to cost $75,000.00 by the city’s engineer. The capacity of the new gravity system of the new development is 15,000 gallons per day. The surcharge is calculated as follows:
$75,000 (cost of extension)
(300 gal/day)=$ 1,500.00
¯¯¯¯¯¯¯¯¯¯¯
15,000 gal/day (capacity of proposed system)
Thus, in the above example, the surcharge for new sewer service to each unit (assuming a single family residence) would be $1,500. For customer other than single-family dwellings the surcharge shall be multiplied by the factor listed below:
Establishment Unit Factor
Residential:
Single Family Home Per Unit 1.000
Duplex (1 or 2 bedrooms) Per Unit 0.833
Duplex (3 or more bedrooms) Per Unit 1.000
Multifamily (1 bedroom) Per Unit 0.583
Multifamily (2 bedrooms) Per Unit 0.833
Multifamily (3 or more bedrooms) Per Unit 1.000
Commercial:
Barber/beauty shop Per Station 0.300
Food Service:
Restaurant/Cafeteria Per Seat 0.100
Restaurant (24 hours) Per Seat 0.167
Restaurant (fast food) Per Seat 0.050
Hotel/Motel (not including food service, Per Room 0.500
banquet, laundry):
Schools:
Middle and High Per Student 0.067
Elementary and Nursery Per Student 0.025
(E) In addition to the surcharge, all new connections shall be subject to all other fees including, but not limited to, connection fees, fees for permit applications, inspections, and other related charges as set out in §§ 51.160 et. Seq. of this code.
§ 51.217 SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is for any reason declared illegal, unconstitutional, or otherwise invalid, such declaration shall not affect the remaining portions hereof.
(Ord. 10-01, passed 05/03/10)
§ 51.999 PENALTY
(A) Any person found to be violating any provision of this chapter except § 51.002 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 the notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limit provided for in division (A) above shall be guilty of a misdemeanor, on conviction thereof, shall be fined in an amount not exceeding $500 for each violation, owner shall be liable to the City in the form of restitution of all costs and expenses in accordance with § 51.189 (B) each day in which any violation continues shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned to the city by reason of the violation. (Ord. 86-1, passed 1-8-86; Am. Ord. 98-5, passed 7-15-98)
WATER SHORTAGES
§ 51.300 PURPOSE
The purpose of this ordinance is to provide for the dedication of official phases of water supply shortage situations and the implementation of voluntary and mandatory water conservation measures throughout the City in the event a shortage is declared. Nothing in this ordinance shall be construed to interfere with common law riparian or statutory water rights.
§ 51.301 DEFINITIONS
(A) “Customer,” as a term is used in this ordinance, shall mean any person using water for any purpose from the City’s water distribution system and for which either a regular charge is made or, in the case of bulk sales, a case charge is made at the site or delivery.
(B) “Other Sources of Water” as the term is used in this ordinance, shall mean water that has not been introduced by the City into its water distribution system.
(C) “Raw Water Supplies,” as the term is used in this ordinance, shall mean all water potentially available to persons in the City of New Castle.
(D) “Treated Water,” as the term is used in this ordinance, shall mean water that has been introduced by the City into its water distribution system, including water offered for sale. Used of treated water are classified as follows:
1. Essential Water Uses (Class 1):
The following uses of water, listed by site or user type, are essential.
(a) Domestic:
-Water necessary to sustain human life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation.
(b) Health Care Facilities:
-Patient care and rehabilitation
(c) Water Hauling:
-Sales for domestic use where not reasonably available elsewhere.
(d) Public Use:
-Fire-fighting
-Health and public protection purposes, as specifically approved by health officials and the municipal governing body.
2. Socially or Economically Important Use of Water (Class 2)
The following uses of water, listed by site or user type, are socially or economically important.
(a) Domestic:
-Personal, in-house water use including kitchen, bathroom,
laundry.
(b) Water Hauling:
-Non-domestic, when other sources are not reasonably available
elsewhere
(c) Commercial and Civic Use:
-Commercial car and truck washes
-Laundromats
-Restaurants, clubs and eating places
-Schools, churches, motels/hotels and similar commercial
-Establishments
(d) Outdoor Non-Commercial Watering:
-Minimal watering of vegetable gardens
-Minimal watering of trees where necessary for their survival
(e) Outdoor Commercial or Public Watering (using conservation methods
And when other sources of water are not available or feasible to use):
-Agricultural irrigation for the production of food and fiber or
Maintenance of lice stock
-watering by arboretums and public gardens of national, state,
regional or community significance where necessary to
preserve specimens
-watering by commercial nurseries where necessary to maintain
stock
-watering where necessary to establish or maintain
re-vegetation or landscape plantings required pursuant to law
or regulation.
-watering of woody plants where necessary to preserve them
-minimal watering of golf course greens.
(f) Recreational:
-operation of municipal swimming pools and residential pools
that serve more than 25 dwelling units.
(g) Air Conditioning:
-refilling for startup at the beginning of the cooling season
-makeup of water during the cooling season
-refilling specifically approved by health officials and the
municipal governing body, where the system has been drained
for health protection or repair services.
3. Non-Essential (Class 3):
Any use of water, as defined herein, is non-essential. The following uses of water, listed by site or user type, are also non-essential.
(a) Public Use:
-use of fire hydrants (excluding Class 1 and Class 2 uses),
including use of sprinkler caps, testing fire apparatus and
fire department drills
-flushing of sewers and hydrants except as needed to ensure public
health and safety as approved by health officials and the
municipal governing body.
(b) Commercial and Civil Use:
-serving water in restaurants, clubs, or eating places, except by
customer request
-failure to repair a controllable leak
-increasing water levels in scenic and recreational ponds and
lakes, except as necessary to support fish and wildlife.
(c) Ornamental Purposes:
-fountains, reflecting pools and artificial waterfalls.
(d) Outdoor Non-Commercial Watering:
-use of water for dirt control or compaction
-watering of annual or non-woody plants other than vegetable
gardens
-watering of lawns, parks, golf course fairways, playing fields
and other recreational areas.
-washing sideways, walkways, driveways, parking lots, tennis
courts or other hard-surface areas.
-washing down buildings or structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(e) Outdoor Commercial or Public Watering:
-expanding nursery facilities, placing new irrigated agricultural
land in production, or planting of landscaping except when
required by a site design review process
-uses of water for dirt control or compaction
-watering of lawns, parks, golf course fairways, playing fields
and other recreational areas
-washing sidewalks, walkways, driveways, parking lots, tennis
courts or other hard-surface areas
-washing down buildings or structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(f) Recreation uses other than those specified in class 2
(g) Non-commercial washing of motor and other vehicles.
(h) Air Conditioning (see also Class 2 for purposes):
-refilling cooling towers after draining.
(E) “Waste of Water,” as the term is used in this ordinance, includes, buy is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to the defective plumbing.
(F) Water Shortage Response Phase:
“Advisory,” as the term is used in this ordinance, shall mean that conditions exist which indicate the potential for serious water supply shortages.
“Alert,” as the term is used in this ordinance, shall mean that raw water supplies are consistently below seasonal averages, and if they continue to decline, may not be adequate to meet normal needs.
“Emergency,” as the term is used in this ordinance, shall mean that water supplies are below the level necessary to meet normal needs and that serious shortages exist in the area.
§ 51.302 DECLARATION OF A WATER SHORTAGE ADVISORY.
Whenever the governing body of the City finds that a potential shortage of raw water supplies is indicated, it shall be empowered to declare by resolution that a Water Shortage Advisory exists, and that the water manager or superintendent shall, on a daily basis, monitor the supply and demands upon that supply. In addition, the mayor (or his/her agent) is authorized to call upon all water customers to employ voluntary water conservation measures to limit non-essential (Class 3) water use and eliminate the waste of water. This resolution shall be published in the official city newspaper and may be publicized and through the general news media or any other appropriate method for making such resolutions public.
§ 51.303 DECLARATION OF A WATER SHORTAGE ALERT.
Whenever the governing body of the City finds raw water supplies to be consistently below seasonal averages, and if they continue to decline and may not be adequate to meet normal needs, it shall be empowered to declare by resolution that a Water Shortage Alert exists. The City shall continue to encourage voluntary water conservation measures defined under the Advisory declaration, and further shall impose a ban on all non-essential (Class 3) water uses for the duration of the shortage until it is declared to have ended by resolution of the governing body. Declaration of these resolutions shall follow the guidelines in section 3 of this ordinance.
§ 51.304 DECLARATION OF A WATER SHORTAGE EMERGENCY.
Whenever the governing body of the City finds that raw water supplies are below the level necessary to meet normal needs and that serious shortage exists, it shall be
empowered to declare by resolution that a Water Shortage Emergency exists. Essential Uses (Class 1) shall be identified, in specific, as targets for voluntary conservation initiates. Also, all socially or Economically Important Uses (Class 2) shall be restricted, and Non-Essential Uses (Class 3) shall be banned. These restrictions shall be considered ongoing until the emergency is ended by resolution of the governing body. Declaration of these resolutions shall follow the guidelines in Section 3 of this ordinance.
§ 51.305 SHORTAGE WATER RATES.
Upon the declaration of a water shortage as provided in Section 3-5, the governing body of the City shall have the power to adopt shortage water rates, by ordinance, designed to conserve water supplies. Such rates may provide for, but not be limited to: (a) higher charges per unit for increasing usage (increasing block rates); (b)
uniform charges for water usage per unit of use (uniform unit rate); (c) extra charges for use in excess of a specified level (excess demand surcharge); or (d) discounts for conserving water beyond specified levels.
§ 51.306 REGULATIONS.
During the effective period of any water supply shortages as provided for in Section 3-5, the mayor (or city manager or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance, any water supply shortage resolution, or water shortage rate ordinance.
Such regulations shall be subject to the approval of the governing body at its next regular or emergency meeting.
§ 51.307 PENALTIES.
Ant person who violates the provisions of this ordinance, who fails to carry out the duties and responsibilities imposed by this ordinance, or who impedes or impedes or interferes with any action undertaken or ordered pursuant to this ordinance shall be subject to the following penalties.
(A) If the mayor, city manager, water superintendent, or other city official or officials charged with implementation and enforcement of this ordinance or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this ordinance, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the City who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures.
(1) The City shall give the customer notice by mail that, due to the violation, water services will be discontinued within a specified time and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a City official designated as a hearing officer by the governing body.
(2) If such a hearing is requested by the customer charged with the
violation, he or she shall be given a full opportunity to be heard
before termination is ordered.
(3) The governing body or hearing officer shall make findings of fact
and order whether service should continue or be terminated.
(B) A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200.00 for the second violation and $300.00 for each additional violation.
(C) Any customer may also be charged with violation of this ordinance and prosecuted in Henry District Court. Any person violating the provisions of this ordinance shall be guilty of a Class B misdemeanor. Each day’s violation shall constitute a separate offense.
§ 51.308 SEVERABILITY.
If any provision of this ordinance is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the
remainder of the ordinance and its applicability to the persons and circumstances shall not be affected thereby.
§ 51.309 EFFECTIVE DATE.
This ordinance shall take immediately upon adoption or passage.
§ 51.310 EFFECTIVE PERIOD.
This ordinance will remain in effect until terminated by action of the City Commission.
§ 51.001 Definitions
§ 51.002 Damaging, destroying waterworks facilities prohibited
§ 51.003 State law incorporated by reference
§ 51.004 Classification of sewer permits
Use of Public Sewers Required
§ 51.015 Prohibition of unlawful disposal
§ 51.016 Disposal boundaries
§ 51.017 Forbidden sewage facilities
§ 51.018 Required waste facilities and sewer connections
Building Sewers
§ 51.030 Permit required; fees
§ 51.031 Excavations
§ 51.032 Use of water for building purposed to be metered; meter deposit
§ 51.033 Separate sewer for each building; exception
§ 51.034 Connection of new building to old sewer
§ 51.035 Specifications for building sewers
§ 51.036 Source of surface runoff or groundwater not to be connected to new sewer
§ 51.037 Inspections
Connections
§ 51.050 Connections to meet city regulations
§ 51.051 When connection to public sewer system required
§ 51.052 Water and sewer taps; illegal tap-ins
§ 51.053 Owner to provide suitable toilet facilitates for connection
§ 51.054 Connections to be conveniently located with respect to city lines and mains
§ 51.055 Storm water drain connection prohibited
§ 51.056 Cost of connection
Private Systems
§ 51.070 Prohibited when connection to public sewer system available
§ 51.071 Private connection requirements
§ 51.072 Permit procurement
§ 51.073 Construction inspection
§ 51.074 Construction compliance
§ 51.075 Governing authority
§ 51.076 Maintenance responsibility
§ 51.077 Subsequent sewer availability
Usage
§ 51.090 Right to purchase, use water
§ 51.091 Application for service
§ 51.092 Water to be used for domestic consumption only; resale prohibited
§ 51.093 Customers with boilers or pressure vessels
§ 51.094 Use by city; use for public purpose
Meters
§ 51.110 Meter deposit
§ 51.111 Meters installed, maintained at expense of city
§ 51.112 Testing meters; fee
§ 51.113 Defective meter; determination of water consumption
§ 51.114 Use of water supplied on other than metered basis
§ 51.115 Use of water not being discharged into sewer facilities; special meters
Discharges
§ 51.130 Deposits of garbage, wastes to non-sewer facilities prohibited
§ 51.131 Inflammable substances, substances which might cause obstructions prohibited
§ 51.132 Discharge of unpolluted waters
§ 51.133 Prohibited discharges
§ 51.134 Certain discharges restricted
§ 51.135 Compliance with federal and state guidelines required
§ 51.136 Grease, oil, and sand interceptors
§ 51.137 Maintenance of pretreatment facilities
§ 51.138 Structures for sampling, observation may be required by city
§ 51.139 "Standard Methods for Examination of Water and Wastewater" to be used by city
§ 51.140 User to provide discharge information
§ 51.141 Special agreements
Rates and Charges
§ 51.160 No free or reduced charge service
§ 51.161 Monthly water rates
§ 51.162 Waterworks connection charge; service charge
§ 51.163 Monthly sewer rates and charges
§ 51.164 Special rates for unusual discharges
§ 51.165 Sewer connection charge
§ 51.166 Single meter serving multi-unit premises
§ 51.167 Billing procedure; delinquent payments
Administration and Enforcement
§ 51.180 Inspections
§ 51.181 Hearing Board
§ 51.182 Use of city property for renovation of sewer system authorized
§ 51.183 Easement right-of-way to be granted by each customer
§ 51.184 City owns lines, meters, and the like
§ 51.185 Discontinuance of service
§ 51.186 Interruption of service
§ 51.187 Refusal of service
§ 51.188 Complaints
§ 51.189 Liability
§ 51.190 Amendment of regulations
Extensions of Service; Surcharges
§ 51.210 Purpose and policy
§ 51.211 Application for water and sewer service extension
§ 51.212 General criteria for extensions of service
§ 51.213 Extension serving a single customer or property
§ 51.214 Rebate policy
§ 51.215 Costs of extensions; city participation; warranty
§ 51.216 Surcharges for extensions funded by the city
§ 51.217 Severability
Water Shortages
§ 51.300 Water Shortages
§ 51.301 Definitions
§ 51.302 Declaration of a Water Shortage Advisory
§ 51.303 Declaration of a Water Shortage Alert
§ 51.304 Declaration of a Water Shortage Emergency
§ 51.305 Shortage Water Rates
§ 51.306 Regulations
§ 51.307 Penalties
§ 51.308 Severability
§ 51.309 Effective Date
§ 51.310 Effective Period
§ 51.400 Etc.
§ 51.999 Penalty
GENERAL PROVISIONS
§ 51.001 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"BOD (denoting BIOCHEMICAL OXYGEN DEMAND." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20`C., is expressed in milligrams per liter.
"BUILDING DRAIN." That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
"BUILDING SEWER" or "HOUSE CONNECTION." The extension from the building drain to the public sewer or other place of disposal.
"CITY" The city of New Castle, Kentucky, acting by and through its City Commission or by and through such other body as shall be the governing body of the city under state law at any given time. (Ord. 83-6, passed 10-4-83)
"COMBINED SEWER." A sewer intended to receive both wastewater and storm surface water.
"CUSTOMER." A property owner or his agent who has agreed to purchase
water or sewer service from the city. (Ord. 83-6, passed 10-4-83)
"EASEMENT." An acquired legal right for the specific use of land owned by others.
"FLOATABLE OIL." Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of "FLOTABLE FAT" if it is properly pretreated and the wastewater does not interfere with the collection system.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
“LATERAL LINE.” That portion of the sewer line which connects the building sewer with the main collection line of the public sewer, usually under a public street or way.
"INDUSTRIAL WASTES." The wastewater from industrial processes, trade, or business, as distinct from domestic or sanitary waste.
"NATURAL OUTLET." Any outlet, including storm sewers, sanitary sewers, and combined sewer overflows, into watercourse, pond, ditch, lake, or other body of surface or groundwater.
"PERSON." Any individual, firm, company, association, society, corporation, or group.
"pH." The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams per liter of solution. Neutral water, for example, has a "pH" value of 7 and a hydrogen-ion concentration of 10-7.
"PROPERLY SHREDDED GARBAGE." 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 1/2 inch (1.27 centimeters) in any dimension.
"PUBLIC SEWER." A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority and shall include the main sewer in the street and the lateral (or service branch) to the property line.
"SANITARY SEWER." A sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not intentionally admitted.
"SEWAGE." The spent water of a community.
"SEWAGE TREATMENT PLANT." Any arrangement of devices and structures used for treating sewage.
"SEWAGE WORKS" or "SEWAGE SYSTEM." All facilities for collecting, pumping, treating, and disposing of sewage.
"SEWER." A pipe conduit that carries wastewater or drainage water.
"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 15 minutes, more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system or performance of the wastewater treatment works.
"STORM DRAIN" or "STORM SEWER." A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
"SUPERINTENDENT." The Superintendent of Sewer and Water of the city or his authorized deputy, agent, or representative, or other authorized representative of the city, including the Mayor.
"SUSPENDED SOLIDS." The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as unfilterable residue.
"SYSTEM." The combined and consolidated water and sewer system of the city, as now or hereafter constituted. (Ord. 83-6, passed 10-4-83)
"UNPOLLUTED WATER." Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewer and wastewater treatment facilities provided.
"WASTEWATER." The spent water of a community. From the standpoint of source, "WASTEWATER" may be a combination of the liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with any unintentionally admitted groundwater, surface water, and storm water that may be present.
"WASTEWATER FACILITIES." The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial waste and dispose of the effluent.
"WASTEWATER TREATMENT WORKS." An arrangement of devices and structures for treating wastewater, industrial waste, and sludge.
"WATERCOURSE." A natural or artificial channel in which a flow of water occurs, either continuously or intermittently. (Ord. 86-1, passed 1-8-86)
§ 51.002 DAMAGING, DESTROYING WATERWORKS FACILITIES PROHIBITED.
No unauthorized person shall intentionally or wantonly break, damage, destroy, uncover, deface, or tamper with any structure appurtenance, or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under a charge of criminal mischief, and shall be subject to the same penalty as imposed by state law for the offense of criminal mischief.
(Ord. 86-1, passed 1-8-86)
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Statutory reference: Criminal mischief, see KRS 512.020 through 512.040
§ 51.003 STATE LAW INCORPORATED BY REFERENCE.
All applicable state law which now or may hereafter exist is incorporated herein and made a part of this chapter. The city may use any powers therein contained, in addition to those herein set out. (Ord. 83-6, passed 10-4-83)
§ 51.004 CLASSIFICATION OF SEWER PERMITS.
There are three classes of sewer permits established:
(A) Installation of private sewage disposal facilities.
(B) Residential and commercial building sewers.
(C) Industrial sewer connections. (Ord. 86-1, passed 1-8-86)
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Cross-reference:
Permits for residential and commercial building sewers and industrial sewer connections, see § 51.030
Permits for private sewage disposal systems, see § 51.072
USE OF PUBLIC SEWERS REQUIRED
§ 51.014 PROHIBITION OF UNLAWFUL DISPOSAL
It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any human or animal excrement, garbage, or other objectionable waste.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.016 DISPOSAL BOUNDARIES
It shall be unlawful to discharge to any natural outlet within the city, or any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.017 FORBIDDEN SEWAGE FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy fault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.018 REQUIRED WASTE FACILITIES AND SEWER CONNECTIONS.
The owners of all houses, buildings, or properties 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 or may in the future be 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 these facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after the date of official notice from the superintendent to do so, provided that the public sewer is within 100 feet (30.5 meters) of the property line. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
BUILDING SEWERS
§ 51.030 PERMIT REQUIRED; FEES.
(A) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereto without first obtaining a written permit from the Superintendent.
(B) There are two classes of building sewer permits: one class for residential and commercial service, and one class for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Superintendent. A permit and inspection fee of $25 for a residential or commercial building sewer permit and $50 for an industrial building sewer permit shall be paid to the city at the time the application is filed. (Ord. 86-1, passed 1-8-96) Penalty, see § 51.999
§ 51.031 EXCAVATIONS.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.032 USE OF WATER FOR BUILDING PURPOSED TO BE METERED; METER DEPOSIT.
(A) Water for building or construction purposes will be furnished by meter measurement after a suitable deposit has been made; the minimum deposit shall be $10. The amount of the deposit shall be determined by the city based on the size of the construction work contemplated. All water for building or construction purposes, as set forth in the permit, must pass through one and the same meter.
(B) Water so supplied shall be discharged through a hose or pipe directly on the material to be made wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench. All use of water by any party other that the applicant, or use of water for any purpose or upon any premises not so stated or described in the application, must be prevented by the applicant, or water service may be discontinued to the applicant without notice. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.033 SEPARATE SEWER FOR EACH BUILDING; EXCEPTION.
A separate and independent building sewer shall be provided for every building. However, 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, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.034 CONNECTION OF NEW BUILDING TO OLD SEWER.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.035 SPECIFICATIONS FOR AND MAINTENANCE OF BUILDING SEWERS.
(A) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the city.
(B) The connection of the building sewer into the public sewer shall conform to the requirement of the State Plumbing Code and other applicable rules and regulations of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(C) 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, first floor and upward facilities shall be served by shallow sewers or a lift station as approved by the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
(D) (1) The owner of the premises served by a sewer shall be responsible for the operation and cleaning of the building sewer from the building to the point of connection with the public sewer, and for the maintenance, operation, cleaning, repair, and reconstruction of the building sewer from the building to the public sewer.
(2) The owner of the premises shall be responsible for all costs incident to the cleaning and repair of the building sewer, including, but not limited to, the opening, excavation and restoration of any public street or sidewalk if the necessity for such cleaning or repair is caused by a violation of any ordinance of the city, interference of the building sewer which is caused by roots or other vegetative growth from whatever source, or necessary maintenance of the line.
(3) In the event that such repair is necessitated by the collapse or deterioration of a building sewer within or under the public way, then all costs incident to such repair shall be borne by the City, as to that portion of the building sewer.
(4) All restoration of public way must be performed in accordance with § 51.031.
§ 51.036 SOURCE OF SURFACE RUNOFF OR GROUNDWATER NOT TO BE CONNECTED TO NEW SEWER.
No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.037 INSPECTIONS.
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. The inspection shall be made within 72 hours of receipt of notice by the Superintendent. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
CONNECTIONS
§ 51.050 CONNECTIONS TO MEET CITY REGULATIONS.
(A) All sewer connections shall be made under such regulations as the city may establish. Failure to effect such a connection is hereby declared to be unlawful and shall constitute a nuisance.
(B) All sewer taps and connections to the water mains and sewer of the city shall be made by and under the direction and supervision of the Superintendent.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.051 WHEN CONNECTION TO PUBLIC SEWER SYSTEM REQUIRED.
(A) All owners, tenants, and occupants of dwellings, houses, apartments, hotels, motels, mobile homes, house trailers, mobile home parks, trailer camps, manufacturing or commercial establishments, or any other building of any kind or nature situated on a lot or lots within the city limits through which any sewage collection line has been or is hereafter installed or which abuts upon any street, alley, or easement within the city limits in which there is hereafter installed a sewage collection line, or to which property a hereafter installed a sewage collection line, or to which property a sewage collection line is extended, shall within, 90 days following the date on which the sewage collection line is placed in operation, connect
therewith all sanitary sewage drain pipes of that dwelling, house, apartment, hotel motel, mobile home, house trailer, mobile home park, trailer camp, manufacturing or commercial establishment, or other building, with the sanitary sewer collection line, conveying thereby all of the sewage therefrom into the sewer system. These connections shall be made in accordance with those rules and regulations as the city may from time to time duly establish. Failure to make such a connection is hereby declared unlawful and shall constitute a nuisance.
(B) Each owner, tenant, and occupant of similar property outside the city limits who is connected to the city water system and receives water service from the city, shall, within 90 days following the date on which the city sends written notice to that party that a city sewage collection line is available to that property, connect the property to the sewage collection line in accordance with city rules and regulations. The city shall cut off the water supply to any owner, tenant, or occupant failing to make such a connection.
(C) All architects, contractors, builders, or other persons, before commencing the erection of any building or other improvement capable of emitting liquid wastes or sewage, on any lot or parcel of land abutting on a street, alley, or easement in which there may be hereafter installed and maintained a sewage collection line; on any lot or parcel of land through which there may be hereafter installed a sewage collection line; or to which a sewage collection line is made available, shall before erecting or installing that building or improvement, exhibit to the City Commission, or to the official the Commission may designate, satisfactory evidence that a means has been provided or will be provided for connecting the sanitary sewage drain pipes from the building or other improvement with the sewer collection line. No storm water or other surface or subsurface water drain shall be connected with any sanitary sewer line hereafter constructed, nor shall any storm water, surface, or subsurface water be otherwise introduced into any sanitary sewage collection line.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.052 WATER AND SEWER TAPS; ILLEGAL TAP-INS.
(A) Whenever the city shall determine that it is feasible to provide water service to a customer, the city shall install, maintain, and operate a main distribution pipeline or lines from the system's source of water supply and shall further install and maintain, at the city's expense, such portions of the necessary water service lines as may be needed to bring water from a water main to the lot or easement line of a customer. However, if the necessary water service line from the water main to the water meter of a customer is unusually long, as determined by the Superintendent within guidelines fixed by the city, the customer may be required to pay a portion of the cost of the service line. The expense borne by the city in any event shall include the necessary tap, fittings, and shut-off valve, which items shall belong to the city. Each customer shall install and maintain, at his expense, that portion of the service line from the lot or easement line to his premises, including a stop and waste cock at the end of the house side of his service, which items shall belong to the customer. The
minimum earth cover of the customer's service shall be 30 inches. The Superintendent shall determine the size and kind of service to be installed.
(B) No sewer taps (breaking or entering into sewer lines of the city) shall be made by any person, firm, or corporation except the city. The city will, upon application to the city and payment of any tapping or connection fee as may be prescribed by the city, tap the city sewer and run a lateral to the property line of any applicant where sewers are available. Any and all installations or attachments thereto shall be made by the applicant under the direction and supervision of the city; however, nothing herein shall be construed as requiring the city to furnish a sewer connection or sewer services to any premises where a city sewer is not available at the time that the application is made. The term “property line” as used herein is the edge of the public way and unless agreed upon otherwise, shall be determined by a registered and surveyor at the city’s expense.
(Ord. 83-6, passed 10-4-83; am ord. 98-5, passed 7-15-98) Penalty, see § 51.999
(C) The provisions of § 51.162 and 51.165 of the City Code shall apply to any water or sewer connection or “tap-in” which results in the relocation of the physical connection to the city line, where such relocation has been requested or initiated by the customer or user.
§ 51.053 OWNER TO PROVIDE SUITABLE TOILET FACILITIES FOR CONNECTION.
Each owner of a house, building, or property used for human occupancy, employment, recreation, or other purposes, which is situated within the city and to which sewer service is made available by the city, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the available public sewer in accordance with the requirements of this chapter.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.054 CONNECTIONS TO BE CONVENIENTLY LOCATED WITH RESPECT TO CITY LINES AND MAINS.
Piping on the premises of a customer must be so installed that connections are conveniently located with respect to city lines and mains. The customer shall provide a place for metering which is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his side of the meter, and the city will furnish a like valve on its side of the meter.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.055 STORMWATER DRAIN CONNECTION PROHIBITED.
No storm water drain shall be or remain connected or be connected with any separate sanitary sewer heretofore or hereafter constructed as, or made part of the sewer systems of the city, nor shall any storm water be otherwise introduced into any separate sanitary sewer. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.056 COST OF CONNECTION.
(A) All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner, who shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. All connections shall be made under the supervision of the Superintendent of the sewer system or other duly authorized official of the city.
(B) The customer's service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner, in accordance with the city's rules and regulations and with the regulations of the State Department of Health.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
PRIVATE SYSTEMS
§ 51.070 PROHIBITED WHEN CONNECTION TO PUBLIC SEWER SYSTEM AVAILABLE.
(A) It shall be unlawful for any person to construct, maintain, or permit to be constructed or maintained any outdoor toilet, privy, vault, cesspool, septic tank, or other similar contrivance for the reception of sewage on any lands owned by that person or under his control, which abut upon a sewage collection line in any public street, alley, or other easement or through which a sewage collection line passes or to which a sewage collection line hereafter becomes available. All such outdoor toilets or privies shall be removed, and all such vaults, cesspools, septic tanks, or other similar contrivances for the reception of sewage shall be closed, filled, or otherwise removed from the properties described above within 90 days after the sewage collection service becomes available.
(B) All privies, surface toilets, or other means of casting or depositing sewage into a container above or below the surface of the ground, on or into the soil, into any running or percolating stream of water, or into any cistern or well whereby the soil or any surface or subsurface waters is contaminated with such sewage are hereby declared to constitute a public nuisance and their use or maintenance for a period of more than 90 days following the availability of a sewage collection line to the property is hereby prohibited.
(C) It shall be unlawful for any person to construct or maintain a privy, well, vault, cesspool, cistern, septic tank, or similar contrivance for the reception of flowable sewage where sewers are available. All such privies, wells, vaults, cesspools, cisterns, septic tanks, facilities, and similar contrivances shall be removed or disconnected by the owners and the occupants of premises to which sewers are made available in the city as soon as the sewers are made available to the premises. All such privies, facilities, and other means of casting or depositing sewage into a container above or below the surface of the ground, on the soil, into any running or percolating stream of water, or into any cistern or well, whereby the soil is contaminated with such sewage, are hereby declared to be unlawful and to constitute a nuisance. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.071 PRIVATE CONNECTION REQUIREMENTS.
Where a public sanitary or combined sewer is not available under the provisions of § 51.018, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.072 PERMIT PROCUREMENT.
Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall be made a form furnished by the city, which the application shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $35 shall be paid by to the city at the time the application is filed.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.073 CONSTRUCTION INSPTECTION.
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. 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 Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.074 CONSTRUCTION COMPLIANCE.
The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the State Department of Public Health. No permit shall be issued absorption facilities where it conflicts with County Health Department standards. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.075 GOVERNING AUTHORITY.
No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the Superintendent or the appropriate regulatory official of the state or county.
(Ord. 86-1, passed 1-8-86)
§ 51.076 MAINTENANCE RESPONSIBILITY.
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.077 SUBSEQUENT SEWER AVAILABILITY.
(A) At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, as provided in § 51.018, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.
(B) When a public sewer becomes available, the building sewer shall be connected to the public sewer within 90 days after such availability, and the owner shall have the private wastewater disposal system cleaned of sludge and filled with clean bank-run gravel or dirt at no cost to the city.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
USAGE
§ 51.090 RIGHT TO PURCHASE, USE WATER.
(A) Each customer shall be entitled to purchase form the city, pursuant to such agreements as may from time to time be provided and required by the city, such water as the customer may desire, subject, however, to the provisions of this chapter and to such further rules and regulations as may be prescribed by the city. Further, should a customer sell or dispose of a portion of his property or subdivide it, he or the new owner of each new tract, may not demand water and taps without paying connection fees for each such tract to be served.
(B) In the event the total water supply is insufficient to meet all needs of the consumers, or in the event there is a shortage of water, the city or its Superintendent may prorate the water available among the various customers on such a basis as is deemed equitable by the city or its Superintendent. The city may also prescribe a schedule of hours covering use of water and require adherence, thereto or prohibit the use of water for specified purposes, for such appropriate period of time as may be necessary under the circumstances.
(Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.091 APPLICATION FOR SERVICE.
Each customer must make written application for water and/or sewer service at the City Hall. The application, including service received there-under, is not assignable by the customer. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.092 WATER TO BE USED FOR DOMESTIC COMSUMPTION ONLY; RESALE PROHIBITED.
Water furnished by the city may be used for domestic consumption by the customer, member of his household, or employee only. The customer shall not sell or give the water to any other person. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.093 CUSTOMERS WITH BOILERS OR PRESSURE VESSELS.
Customers with boilers and/or pressure vessels receiving a supply of water from the city must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case water supply from the city is discontinued or interrupted for any reason, with or without notice. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.094 USE BY CITY; USE FOR PUBLIC PURPOSE.
Special terms and conditions may be made where water is used by the city or by the community for public purposes such as for fire extinguishment, public parks, and the like. (Ord. 83-6, passed 10-4-83)
METERS
§ 51.110 INITIAL SERVICE CHARGE AND SECURITY DEPOSITE.
(A) In addition to all connection charges that may be required pursuant to Section 51.162 of this Code, all customers, shall pay an initial service charge of $25 to the city for water service before such customers shall be entitled to service. This initial service charge shall be non-refundable. (Ord. 83-7, passed 10-4-83) (Am. Ord. 93-8, passed 7-12-93; Am. Ord. 96-5, passed 6-12-96)
(B) Commencing on the effective date of this ordinance, the city shall require a $75.00 security deposit from each new customer for the purpose of assuring payment of all water, sewer and trash collection bills by that customer. The city shall apply this deposit amount toward any balance due at the time service is voluntary or involuntary terminated.
§ 51.110 METERS INSTALLED, MAINTAINED AT EXPENSE OF CITY.
All meters shall be installed, renewed, and maintained at the expense of the city. The city reserves the right to determine the size and type of meter used.
(Ord. 83-6, passed 10-4-83)
§ 51.112 TESTING METERS; FEE.
Upon written request of any customer, the meter serving that customer shall be tested by the city. Such a test will be made without charge to the customer if the meter has not been tested within 12 months preceding the requested test. Otherwise, a charge of $3 will be made and then only if the test indicates meter accuracy within the limits of 2%, adjustments shall be made for the two preceding months prior to the test according to the inaccuracy in excess of 2%. (Ord. 83-6, passed 10-4-83)
§ 51.113 DEFECTIVE METER; DETERMINATION OF WATER CONSUMPTION.
Where a meter has ceased to register, or a meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months' consumption, considering the conditions of water service prevailing during the period in which the meter fails to register. (Ord. 83-6, passed 10-4-83)
§ 51.114 USE OF WATER SUPPLIED ON OTHER THAN METERED BASIS.
In the event that a building or premised discharging sewage, water, or other wastes into the municipal sewer facilities, uses water supplied on other than a metered basis from either a private or public water supply in each such case the owner or occupant may be required to cause a water meter or other measuring device to be installed, that is acceptable to the Superintendent. (Ord. 83-6, passed 10-4-83)
§ 51.115 USE OF WATER NOT BEING DISCHARGED INTO SEWER FACILITIES; SPECIAL METERS.
(A) The Director of Public Works is hereby authorized to develop a fair and reasonable policy regarding the usage of water that is not discharged into the municipal sewer facilities. Any adjustment to rates established by such policy shall be limited to one per twelve-month period.
(B) In the event any building or premises uses water in excess of 10,000 gallons per month as shown by the water meter readings for two consecutive months, and it can be shown that a substantial portion of the water as so measured does not and cannot enter the municipal sewer facilities, then the Superintendent may determine, in such a manner as may be found practicable, the amount of water entering the sewers, in which event the sewer rate or charge shall be based thereon. In the alternative, the Superintendent may require or permit the installation of additional meters or measuring devices in such a manner as to determine the quantity of water or sewage actually entering the municipal sewer facilities, in which case the sewer rate or charge shall be based thereon.
(Ord. 83-6, passed 10-4-83) (Ord. amended 12-6-2010, Ord. 10-08)
DISCHARGES
§ 51.130 DEPOSITS OF GARBAGE, WASTES TO NON-SEWER FACILITIES PROHIBITED.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, any garbage or other objectionable waste, or to discharge to any natural outlet within the city, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided under the supervision of the Superintendent or other duly authorized city official. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.131 INFLAMMABLE SUBSTANCES, SUBSTANCES WHICH MIGHT CAUSE OBSTRUCTIONS PROHIBITED.
No substances shall be placed or discharged into the municipal sewer system which will create a combustible, gaseous, explosive, or inflammable condition in the system, nor shall any substances or objects be placed or discharged into the municipal sewer system which will not dissolve and which will thus cause an obstruction and clogging within the system. No petroleum products shall be placed or discharged into the municipal sewer system. (Ord. 83-6, passed 10-4-83) Penalty, see § 51.999
§ 51.132 DISCHARGE OF UNPOLLUTED WATERS.
(A) 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.
(B) Storm water shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet provided a National Pollutant Discharge Elimination System (NPDES) permit has been issued from the federal Environmental Protection Agency and from the state.
§ 51.133 PROHIBITED DISCHARGES.
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.
(B) Any waters or wastes containing toxic substances, 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 violate the discharge permits of the city.
(C) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(D) Solid or viscous substances in quantities or of such a 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, un-ground garbage, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders, nor shall tree roots or other undergrowth and vegetation be allowed to obstruct or otherwise damage the public sewer system. The city shall retain a professional land survey as necessary to assist in its determination of the party or parties responsible for any such interference.
(Ord. 86-1, passed 1-8-86; Am Ord. 98-5, passed 7-15-98)) Penalty, see § 51.999
§ 51.134 CERTAIN DISCHARGES RESTRICTED.
(A) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent 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 the life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances are:
(1) Any liquid or vapor having a temperature higher than 150 degrees F.
(65`C.).
(2) Any waters or wastes containing fats, wax, grease, or oils, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between
32`F. and 150`F. (0`C. and 65`C.). Solid or viscous substances which will
or may cause interference with the free flow in a sewer or otherwise
interfere with the proper operation of the wastewater treatment system.
(3) Any garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor of ¾ horsepower
(0.76 HP metric) or greater shall be subject to the review and approval of
the Superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable heavy metals or toxic substances; or wastes exerting an
excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the wastewater treatment works
exceeds the limits established by the Superintendent for such materials and
results in violation of the city's N.P.D.E.S. discharge limitations permit.
(6) Any waters or wastes containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be
established by the Superintendent as necessary, after treatment of the
composite sewage, to meet the requirements of the state, federal, or other
public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by state or federal regulations.
(8) Any waters or wastes having a pH in excess of 9.0.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended 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) Any materials, waters, or wastes that exceed any of the maximum concentrations of 500 milligrams per liter of suspended solids, or 50 milligrams per liter of chlorine demand in such quantities as to constitute a significant load on the sewage treatment plant. A significant load shall mean a sewage treatment plant influent flow with maximum concentrations of 220 milligrams per liter for BOD or 300 milligrams per liter for suspended solids. The Superintendent may reduce the allowable maximum concentrations in the discharges from the sewage users if the concentrations in the influent flow to the treatment plant exceed the above stated concentrations.
(d) Unusual volume of flow or concentration of constituting "slugs" as defined in 51.001.
(1) Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processed employed, or are amenable to treatment only to such degree that the wastewater treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(B) 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 division (A) above, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the
public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the
wastes not covered by existing taxes or sewer charges under the
provisions of 51.141.
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 86-1, passed 1-8-86) Penalty, see 51.999
§ 51.135 COMPLIANCE WITH FEDERAL AND STATE GUIDELINES REQUIRED.
Any user of the public sewer who discharges industrial waste or matter must satisfy and meet such federal government guidelines for pretreatment (40 CFR 403 and Section 307 of the Clean Water Act, Public Law 95-217) as may be prescribed from time to time by the Environmental Protection Agency, or its successor agency, and such by the State Department for Natural Resources and Environmental Protection or its successor agency. The user shall furnish at its own expense that necessary monitoring equipment for such pretreatment as may be reasonable necessary in the opinion of the Superintendent. (Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.136 GREASE, OIL, AND SAND INTERCEPTORS.
Grease, oil, and sand interceptors shall be provided when, in the opinion the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; however, such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.137 MAINTENANCE OF PRETREATMENT FACILITIES
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.138 STRUCTURES FOR SAMPLING, OBSERVATION MAY BE REQUIRED BY CITY.
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling, and measurement of the wastes. Such a manhole, when required, shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(Ord. 86-1, passed 1-8-86) Penalty, see § 51.999
§ 51.139 "STANDARD METHODS FOR EXAMINATION OF WATER AND WASTEWATER" TO BE USED BY CITY.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and shall be determined at the control manhole. 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 involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or sample should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.) (Ord. 86-1, passed 1-8-86)
§ 51.140 USER TO PROVIDE DISCHARGE INFORMATION.
The Superintendent may require a user of sewer services to provide information needed to determine compliance with this subchapter.
These requirement may include:
(A) Wastewaters discharged peak rate and volume over a specified time period.
(B) Chemical analysis of wastewaters.
(C) Information on raw materials, processes, and products affecting wastewater volume and quality.
(D) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(E) (Ord. 86-1, passed 1-8-86)
RATES AND CHARGES
§ 51.160 NO FREE OR REDUCED CHARGE SERVICE.
(A) No person, firm, corporation or other user shall be permitted to obtain water from the city or to use the city's sewer system, without charge or at less than the standard rate in effect and duly authorized by the city.
(B) All recipients of water or sewer service from the city without charge or at less than the standard rate prior to the effective date of this section, whether located within or outside the city limits, shall pay for such service on a monthly basis in accordance with the rates then in effect, or as duly authorized by subsequent action of the city.
(C) Failure to pay such charges when due will result in termination of water service and use of the sewer system. (Ord. 82-7, passed 8-3-82) Penalty, see § 51.999)
§ 51.161 MONTHLY WATER RATES.
The rates and charges for water services furnished by the city are hereby fixed and established on a monthly basis as follows:
(A) Minimum Water Rate. The minimum water bill shall be $27.38 per month, and each water customer shall be entitled to 2,000 gallons (or less) of water in each month for such minimum charge.
(B) Meter Rates for Water Usage in Addition to Minimum Charge. Subject to the minimum monthly water rate specified in division (A) of this section, the following metered charges shall be made for each 1,000 gallons of water consumption per month to customers of all size connections:
NUMBER OF GALLONS MONTHLY CHARGE PER
OF WATER PER MONTH 1,000 GALLONS
First 2,000 or less $13.69
Next 2,000 $9.38
Next 2,000 $8.66
Next 4,000 $8.12
All over 10,000 gallons $7.57
(C) The foregoing monthly water rates, exclusive of the minimum rate of $27.38 for the first 2,000 gallons or less of water per month, shall be applied in increments of 100 gallons or less. For example, if a customer uses more than 2,000 gallons and no more than 2,100 gallons of water in any month, the bill to the customer for that month shall be $28.75 consisting of the minimum bill of $27.38 for the first 2,000 gallons, plus $1.37 for the next 100 gallons or less of water consumed in that month. (Ord. 83-7, passed 10-4-83; Am. Ord. 87-4, passed 12-7-87; Am. Ord. 01-06, passed 12-12-01)
The above rates shall take effect on October 15, 2010 and shall be payable in accordance with December 2010 billings.
(D) Water Rate Adjustments Based on Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years, the water rates (as provided in subsections (A) (B) and (C) above shall be increased by a percentage equal to the increase in the Customer Price Index as determined and published by the Federal Reserve Bank of Cleveland, Ohio for the previous calendar year. In the event that the Consumer Price Index reflects no increase or a decrease, the water rates shall remain unchanged. Nothing in this subsection shall preclude the
City Commission from otherwise increasing or decreasing the water rates in any amount by subsequent ordinance.
§ 51.162 WATERWORKS CONNECTION CHARGE; SERVICE CHARGE.
(A) The waterworks connection charge shall be $800 for all standard-size connections. There shall be a separate $800 connection charge for each service unit of any multi-unit dwelling structure or business structure regardless of the number of
actual physical connections servicing the multi-unit structure. Charges for larger-size connections shall be determined by the city on an individual basis.
(B) All users, excepts those users paying the $800 waterworks connection charge, shall pay a nonrefundable service charge of $75 to the city before such user shall be entitled to water service.
(Ord. 83-7, passed 10-4-83; Am. Ord. 00-10, passed 9-20-00)
§ 51.163 MONTHLY SEWER RATES AND CHARGES.
(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CHARGES FOR DEBT OF SERVICE." Charges levied on users of the wastewater treatment system to support the annual debt service obligation of the system.
"EXCESSIVE STRENGTH OR TOXICITY SURCHARGES." Charges levied on users of the wastewater treatment system whose contributions contain pollutants (both conventional and toxic) in concentrations which exceed limits specified by this chapter for such pollutants.
"SEWER SERVICE CHARGES." A system of user charges, excessive strength or toxicity surcharges, sewage treatment surcharge, and a system of charges for debt service.
"SEWER USER CHARGES." Charges levied on all users who discharge, or cause or permit the discharge of, sewage into the public wastewater treatment system.
"USER CJARGES." Charges levied on users of the wastewater system to offset the cost of operation and maintenance of the system.
(B) Sewer service charge. The sewer service charge shall be $10.88 per month for each customer of the wastewater treatment system, which is the rate for debt service charges. (Am. Ord. #01=06, passed 12-12-01)
(C) SEWAGE TREATMENT FEE.
(1) In addition to the monthly sewer service charge, a sewage treatment
fee, based insofar as possible upon the metered quantity of water
supplied to the respective buildings or premises, shall be paid by all
customers of the wastewater treatment system, and shall be in an
amount equal to $6.32 per month for each 1,000 gallons of water
discharged into the wastewater treatment system. The above rates
shall take effect on July 15, 2009 and shall be payable in
accordance with the September 2009 billings (Am. Ord. #01-06,
passed 12-12-01)
(2) The sewage treatment fee provided in division (C) (1) is based on the
underlying assumption that all metered water consumption is
eventually returned to the wastewater treatment system. Where is can
be evidenced that the proportion of water actually returned to the
treatment system by an individual customer is significantly different
from the metered consumption, the sewage treatment fee shall be
determined on the basis of measured or estimated wastewater
discharge. The city reserves the right to determine by whatever means
and methods it may find practicable, the amount of water consumption
or wastewater discharge that shall be used to compute the sewage
treatment fee.
(D) Excessive strength or toxicity surcharge. Users having a discharge over the normal sewage strength of 300 milligrams per liter total suspended solids or 250 milligrams per liter biochemical oxygen demand shall incur an additional charge to be determined on the basis of the variable costs attributed to wastewater strength.
(E) The sewer service charge, together with the sewage treatment fee, shall be billed to each user on a monthly basis in accordance with § 51.167.
(F) Each user shall be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the total charge which is attributable to operation and maintenance of the sewage system.
(G) The city shall review not less often than every two years the sewage contribution of users, the total cost of operation and maintenance of the sewage works, and user charges. User charges shall be revised as necessary to accomplish the following:
(1) Maintain the proportionate distribution of operation and maintenance
cost among users of the treatment system.
(2) Generate sufficient revenues to offset costs associated with the proper
operation and maintenance of the sewage system.
(3) Excessive strength or toxicity surcharges shall be reviewed at the time
of and in conjunction with the review of user charges. Surcharge rates
shall be revised where necessary to reflect current treatment and
monitoring costs. (Ord 86-1, passed 1-8-86)
(H) Sewer Rate Adjustments Based Upon Consumer Price Index
Commencing July 15, 2002, and on each July 15th of succeeding years, the sewer treatment fee as provided in subsections (B) and (C), (1) herein shall be increased by a percentage equal to the increase in the Consumer Price Index as determined and published by the Federal Reserve Bank of Cleveland, Ohio for the previous federal fiscal year. In the event that the Consumer Price Index reflects no increase or a decrease, said charge and fee shall remain unchanged. Nothing in this subsection shall preclude the City Commission from otherwise increasing or decreasing the service charge or treatment fee by subsequent ordinance.
§ 51.164 SPECIAL RATES FOR UNUSUAL DISCHARGES.
(A) In the event the sewage, water, or other liquid wastes being discharged into the municipal sewer facilities from any building or premises contains unduly high concentrates of any substances which add to the operation costs of the municipal sewer facilities, then special rates, rentals, or charges may be established, charged, and collected as to such building or premises, or the owner or other interested party may be required to specially treat such sewage, water, or other liquid wastes before discharge into the municipal sewer facilities.
(B) Whenever it is determined by the Superintendent to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which
water is used, or by reason of the character of the sewage, water, or other liquid wastes discharged therefrom, or whenever the established schedules of rates and charges for any reason are not applicable, then special rates or other charges may be established by the City Commission. Any person, firm, or operation being dissatisfied with the established schedules or rates and charges by reason of peculiar or unusual use of or occupancy of any premises, and consequently alleging peculiar or unusual uses of water, may file application with the City Commission or with any other board or body of the city which may be in charge and control of the municipal waterworks and sewer systems, for special classification rates and charges.
(Ord. 83-6, passed 10-4-83)
§ 51.165 SEWER CONNECTION CHARGES.
The sewer connection charge shall be $1,000 for all size connections. There shall be a $1,000 connection charge for each service unit of any multi-unit dwelling structure or business structure regardless of the number of actual physical connections servicing the multi-unit structure.
(Ord. 83-7, passed 10-4-83; Am ord. 89-5, passed 8-7-89)
§ 51.166 SINGLE METER SERVING MULTI-UNIT PREMISES.
Where two or more tenants or occupants (of different rental units) of property, including duplexes, apartment houses, mobile home parks, trailer parks, or other multi-unit premises, are served by a single water meter, the water and sewer rates and charges to each tenant or occupant shall be computed by dividing the number of gallons of water registered by the single meter by the number of customers being served though the meter and applying the result thus obtained to the water and sewer rate schedules set out in § 51.161 and 51.163 to arrive at the monthly bill for each tenant or occupant. Each tenant or occupant shall be separately billed unless the owner or operator of the property has agreed with the city to pay the total monthly water and sewer bill for the property. In no event shall the monthly bill applicable to each tenant or occupant be less than the minimum water and sewer rates stipulated in § 51.161 and 51.163. (Ord. 83-7, passed 10-4-83)
§ 51.167 BILLING PROCEDURE, DELINQUENT PAYMENTS.
(A) Bills and notices relating to the conduct of the business of the city will be mailed to the customer at the address listed on the application unless a change of address has
been filed in writing with the city. The city shall not otherwise be responsible for delivery of any bill or notice nor will the customer be excused from the payment of any bill or any performance required in the notice.
(B) Meters will be read monthly between the fifteenth and twentieth of each month.
(C) Bills for water and sewage service are due and payable at City Hall, or to any designated agent, on their date of issue. (Ord. 83-6, passed 10-4-83)
(D) (1) The water and sewer rates or charges shall be billed monthly on
statements which shall be issued on or about the first of each month and all
bills for such service shall be considered due and payable fifteen days after
the date of issue. If a bill is not paid within fifteen days after such date of
issue the bill shall be considered delinquent and there shall be imposed a
penalty on each bill not so paid in an amount equal to 10% of the charges
(other than sales tax) shown on the face amount of the delinquent bill. The
city shall serve a customer a written notice of his delinquency and of the
fact that the customer is entitled, upon written request, to a hearing on the
question of termination of service. If the bill is not paid within ten days
after the mailing of the notice and if no hearing is requested or if a hearing
is requested and timely held and such customer's delinquency is thereby
established, the city may disconnect the water service of the customer
without further notice. If water service is disconnected by the city by
reason of delinquency in the payment of any water or sewer bill,
reconnection of such service shall not be made until the owner or user pays
all charges and penalties owed plus the amount of $25 as a disconnection
and reconnection charge. If any deadline date falls on a Sunday or legal
holiday, such deadline shall not expire until the next secular day thereafter.
(Ord. 83-7, passed 10-4-83;Am ord. 96-7, passed 8-14-96)
(2) The owner of the premises receiving the water and sewer service shall
be primarily liable for all charges for each water or sewer service
account, and in the event of termination or notice thereof of service to
premises, the hearing procedures within § 51.181 of the City Code as
well as the billing procedures within § 51.167 (D) of the City Code
shall be implemented. The city shall not renew services to any such
premises until the delinquency has been paid or otherwise settled.
(E) If prior to discontinuance of service as provided in division (D), there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, registered nurse, or public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness
or infirmity of a person on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city's receipt of the certification, whichever occurs first.
(Ord. 83-6, passed 10-4-83)
ADMINISTRATION AND ENFORCEMENT
§ 51.180 INSPECTIONS.
(A) The Superintendent and other duly-authorized employees of the city, the State Department for Natural Resources and Environmental Protection, and the federal
Environmental Protection Agency, bearing proper credentials and identification shall be permitted to enter all properties at reasonable hours and times for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly-authorized employees of the city shall observe all safety rules applicable to the premises established by the property owner, and the property owner shall be held harmless for injury or death to the city employees. The city shall indemnify the owner 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 owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 51.138.
(C) The Superintendent and other duly-authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly-negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. 86-1, passed 1-8-86)
(D) The premises receiving a supply of water, and all service lines, meters, and fixtures, including any fixtures within the premises, shall at all reasonable hours be subject to inspection by the duly-authorized employees of the city.
(Ord. 83-6, passed 10-4-83)
§ 51.181 HEARING BOARD.
A hearing Board may be appointed as needed for arbitration of differences between the Superintendent and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the Superintendent. The cost of the arbitration will be divided equally between the city and the sewer user.
(Ord. 86-1, passed 1-8-86)
§ 51.182 USE OF CITY PROPERTY FOR RENOVATION OF SEWER SYSTEM AUTHORIZED.
Use of the city's property, streets, and alleys for the purpose of renovation of the city's sewer system including, but not limited to, installation of sewer lines and connection of lines across and under city property to other lines of the sewer system, is authorized. (Ord. 84-3, passed 10-3-84)
§ 51.183 EASEMENT RIGHT-OF-WAY TO BE GRANTED BY EACH CUSTOMER.
Each customer shall grant or convey, or shall cause to be granted or conveyed to the city, a perpetual easement and right-of-way across any property owned or controlled by the customer whenever the easement or right-of-way is necessary for the city water and/or sewer facilities and lines so as to enable the city to furnish service to the customer. (Ord. 83-6, passed 10-4-83)
§ 51.184 CITY OWNS LINES, METERS, AND THE LIKE.
The city shall own all lines, meters, and other water and sewer equipment as shall be paid for by the city. (Ord. 83-6, passed 10-4-83)
§ 51.185 DISCONTINUANCE OF SERVICE.
(A) Water service may be discontinued by the Superintendent for any violation of any rule, regulation, or condition of service and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or
fixtures to be supplied, as to additional use of water and/or sewer
service, or as to unusual or extraordinary use of sewer facilities.
(2) Failure to report to the city additions to the property or fixtures to be
supplied, or of additional use of water and/or sewer service.
(3) Resale or giving away of water.
(4) Waste or misuse of water due to improper or imperfect service pipes
and/or failure to keep same in suitable state of repair.
(5) Tampering with meter, meter seal, service, or valves, or permitting
such tampering by others.
(6) Connection, cross-connection, or permitting the same, of any separate
water supply to premises which receive water form the city.
(7) Nonpayment of bills.
(B) Any customer desiring to discontinue the water and/or sewer service to his premises for any reason must give notice of discontinuance in writing at the City Hall. Otherwise, a customer shall remain liable for all water used and water and/or sewer services rendered to such premises by the city. (Ord. 83-6, passed 10-4-83)
(C) Any discontinuance of service to any structure that remains occupied for a period of twenty-four (24) hours after the discontinuation of service shall subject the owner/occupant thereof to the penalty provisions of § 51.999 (B). in the event that a business is operating in such structure, said disconnection shall constitute an immediate revocation of its business license and subject the licensee to the penalty provisions of § 70.99 of this Code. (Ord. 09-09 amended 01/4/2010)
§ 51.186 INTERRUPTION OF SERVICE.
The city shall make all reasonable efforts to eliminate interruption of service, and, when such interruptions occur, will endeavor to reestablish service with the shortest possible delay. When the service is interrupted, all consumers affected by such interruption will be notified in advance whenever possible.
(Ord. 83-6, passed 10-4-83)
§ 51.187 REFUSAL OF SERVICE
The city may refuse service to any person not presently a customer when, in the opinion of the city, the capacity of the facilities will not permit such services.
(Ord. 83-6, passed 10-4-83)
§ 51.188 COMPLAINTS.
Complaints may be made to the Superintendent whose decision may be appealed to the City Commission within ten days. Otherwise, the Superintendent's decision will be final. (Ord. 83-6, passed 10-4-83)
§ 51.189 LIABILITY
(A) The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pips, or by reason of any other interruption of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the city may be deemed necessary.
(B) If any loss or damage to the property of the city or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, or a violation of any provisions of this chapter, member of his household, or his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
(Ord. 83-6, passed 10-4-83; Am. Ord 98-5, passed 7-15-98)
§ 51.190 AMENDMENT OF REGULATIONS.
(A) These regulation may be changed or amended by subsequent ordinance.
(B) However, those sections of this chapter based on Ordinance 83-6, passed
10-4-83, shall not be amended without the permission of the holders of a majority (in amount) of outstanding bonds of the city, plus the permission of the Farmers Home
Administration, United States Department of Agriculture, as long as the United States is the owner or insurer of any bonds issued by the city and so long as any of the bonds remain unpaid. (Ord. 83-6, passed 10-4-83)
EXTENSION OF SERVICE
§ 51.210 PURPOSE AND POLICY.
In order to promote the orderly growth and advancement of existing and proposed residential, commercial and industrial areas within, adjacent to or surrounding the city limits of New Castle, so that said areas may at the proper time be served by water and/or sewer service and that those areas outside the city limits may be orderly annexed to the City of New Castle, the City Commission of the City of New Castle hereby enacts this ordinance so that henceforth city water and/or sanitary sewer service will not be extended to any of the aforesaid such areas, including those within the city limits, except under terms and conditions set forth in this subsection.
§ 51.211 APPLICATION FOR WATER AND SEWER SERVICE EXTENSION.
(A) All applicants, whether a person or a government entity other than the City of New Castle, shall file an application for an extension of city water and/or sewer service with the city on forms furnished by the city. The application shall be accompanied by three copies of a map or plat of the area showing all streets, roads, alleys, lots and proposed utility easements, and the proposed location of all fire hydrants, together with the necessary topographic information, to a scale of not less than 1-inch equals 100 feet. Three copies of the preliminary plat required by the Subdivision Regulations of the Henry County Planning and Zoning Commission shall suffice as the map or plat which must accompany the application for the extension of water or sanitary sewer service. After city approval of the preliminary plat, the city shall also be furnished three sets of design drawings at the scale of 1-inch equals 50 feet. Upon satisfactory completion of the project the applicant shall submit three (3) copies of as-built drawings certified as true by the licensed inspecting engineer, with a copy/ies of the required letters of certification to the Kentucky Division of Water. In the case of transmission facilities, the city shall be furnished with a certified copy of the applicant’s actual cost per foot, and the rebate hereinbelow set out shall be limited to said costs as certified.
(B) From the information furnished on the application, the city will make or cause to be made a study by the city’s engineer of the various elements of construction necessary to connect the proposed area into the existing water and/or sewer systems of the City of New Castle. The study shall be made at the applicant’s expense, the estimated cost of which shall be paid to the city in advance. Included in the study shall be an extension or extensions of water and sanitary sewer service. The engineer will report the findings of the study to the city.
§ 51.212 GENERAL CRITERIA FOR EXTENSIONS OF SERVICE.
Applications for extension of city water or sanitary sewer service shall be considered on the following terms and conditions:
(A) Plant capacity and efficiency are the utmost considerations for any extension of service.
(B) The applicant agrees not to protest any future annexation of the area to be served by the extension if not already within the corporate limits of the city. Such agreement shall also provide for a waiver of protest to be included in the deeds for the future sale or transfer of the property or any portion thereof and to be made a covenant running with the land binding all subsequent grantees, their heirs, successors, assigns, and personal representatives. Where water and/or sewer service is to be provided to properties in existing developments outside the city limits and no immediate transfer form the applicant is contemplated, each property owner, prior to connecting to water or sewer service shall cause the waiver of protest with the above covenant to be recorder in the Henry County Clerk’s Office.
(C) The applicant agrees to construct and pay for the construction of all water distribution mains, including valves, fire hydrants, fire hydrant gate valves, and other requirements of the city specifications, and the cost of all local collector sewers, including manholes and sewer service lines, and other requirements of the city specifications.
(D) The applicant agrees to furnish without cost to the city sufficient and adequate easements I which the extension is to be located within the service area, whether installed at the time of initial construction or in the future.
(E) The applicant agrees to abide by all applicable regulations of the Henry County Planning and Zoning Commission, the Kentucky Division of Water and all other codes and regulations of applicable agencies with respect to the construction, use and operation of the water and sanitary sewer facilities and shall agree to comply with all specifications.
(F) It is understood and agreed that where city water service is extended, sanitary sewer service shall also be simultaneously extended I accordance with § 51.018.
(G) The requirements set out herein shall be included in a written agreement between the city and the applicant as a condition precedent to any and all extensions of city water or city sanitary sewer service to the area being developed, whether within or without the city limits.
(H) The applicant shall submit to the City a proposed plan for any extension; the city shall approve or revise same. The applicant shall transmit the plans to the Kentucky Division of Water for approval. Construction shall not commence until approval of plans by the Kentucky Division of Water.
§ 51.213 EXTENSION SERVING A SINGLE CUSTOMER OR PROPERTY.
Extensions to serve a single residential or commercial customer shall be on an equitable basis and shall generally be accomplished in the same manner as set out herein for general extensions, except that no such extension will be made to areas outside the existing corporate limits unless the applicant agrees to allow the annexation by the city of the area to be served. Extensions to serve a single industrial customer outside of the existing corporate limits shall be subject to additional considerations by the city.
§ 51.214 REBATE POLICY.
(A) Additionally, an applicant may be entitled to a rebate from subsequent developers who utilize the extension (intervening line) placed into service by an initial applicant.
(B) The city may, from time to time, adopt resolutions that establish internal policy guidelines for line extension rebates which shall be used by the city and its Public Works Director in creating a fair and equitable rebate arrangement between the initial applicant and subsequent developers (intervening applicants who utilize a line extension constructed by an initial applicant.
§ 51.215 COSTS OF EXTENSIONS; CITY PARTICIPATION; WARRANTY.
(A) The full cost of the installation of all extensions is to be borne by the applicant, except as noted in the subsections below. An applicant must make his or her own arrangements to construct and pay for the required extension subject to all terms and conditions set out herein and warranty the extension for twelve (12) months after approval by the city and dedication of the facilities to the city in first-class condition. The applicant shall be wholly and entirely responsible to see that the extension confirms to the city’s specifications. In order to insure compliance with city specifications, it shall be the applicant’s responsibility to pay the cost of providing an adequate number of competent, approved full-time resident inspectors during construction. Completed extensions must meet all required performance tests, including leakage tests for water lines and maximum infiltration and exfiltration tests for sewers, and shall be certified by the inspecting Licensed Professional Engineer to be in accordance with the approved plans and specifications prior to acceptance by the city. The city has a full right of inspection in addition to the inspection by the applicant.
(B) Where adequate water transmission and distribution facilities, adequate receiving sewer for sanitary sewage, treatment facilities, trunk mains and/or water storage facilities and the outfall sewers, trunk sewers, pumping stations, treatment facilities and other such overall sanitary sewer facilities are not available, or the city significantly alters the applicant’s proposed location of extensions and facilities, consideration will be given by the city to additional participation in the cost and revenue productions, and provided that such facilities meet the requirements of the city.
(C) The city may participate in the cost of an extension where oversized or more efficient facilities are required by the city e.g., increased diameter or pipes for anticipated future growth, also referred to as betterment, etc.
(D) After the completion of an extension and after the extension has been inspected and approved by the Kentucky Division of Water and the city, the facilities shall be dedicated to the city without costs to it and shall be guaranteed to be without defect for the twelve months from the date of the Inspecting Engineer’s certification letter, which occurs after city inspection and approval. The applicant is obligated to correct any defects discovered during the warranted period.
§ 51.216 SURCHARGES FOR EXTENSIONS FUNDED BY THE CITY.
(A) The city of New Castle hereby establishes a surcharge upon customers that connect to the water or sewer system of the city resulting from an extension of the city’s water and/or sewer infrastructure as defined in § 51.001 herein, and funded by the city.
(B) The method used to establish the surcharge is based on the premise that new customers are entitled to water and/or sewer service at the same rates charged to existing customers and in order to prevent or reduce inequity to existing customers that would result if existing customers were to pay for increases in the cost of water or sewer services necessitated by additional capital improvements. It is also recognized that existing customers have provided funds for debt retirement, cash financing of improvements and other additions to the water and/or sewer system through the payment of water and sewer charges and contributions of capital prior to the addition of new customers.
(c) For each new customer that connects to the water or sewer system of the city after the effective after the effective date of this ordinance as a result of an extension of the city’s water and/or sewer infrastructure as defined in § 51.001 herein, and funded by the city, there shall be assessed and charged to that customer a surcharge, as calculated in accordance with the formula set out hereinbelow.
(D) The method of calculation for the surcharge shall take into consideration the present value of the physical plant and all improvements; the existing system capacity and current usage, and the present worth of the required capital outlay to arrive at customer equity in terms of an “equivalent residential unit” (ERU), and is calculated by determining the present value of the cost of the extension (as defined in § 51.215 herein) necessary for the proposed project, as determined by the city, and divided by the capacity of the infrastructure. The quotient is then multiplied by the ERU to determine the surcharge for a single ERU. The surcharge may be adjusted if the actual cost of the extension differs by more than 10 percent of the city’s pre-construction estimate. Further, it should be noted that the amount of the surcharge is not a constant number for each extension.
EXAMPLE: A gravity sewer system to serve a new subdivision is estimated to cost $75,000.00 by the city’s engineer. The capacity of the new gravity system of the new development is 15,000 gallons per day. The surcharge is calculated as follows:
$75,000 (cost of extension)
(300 gal/day)=$ 1,500.00
¯¯¯¯¯¯¯¯¯¯¯
15,000 gal/day (capacity of proposed system)
Thus, in the above example, the surcharge for new sewer service to each unit (assuming a single family residence) would be $1,500. For customer other than single-family dwellings the surcharge shall be multiplied by the factor listed below:
Establishment Unit Factor
Residential:
Single Family Home Per Unit 1.000
Duplex (1 or 2 bedrooms) Per Unit 0.833
Duplex (3 or more bedrooms) Per Unit 1.000
Multifamily (1 bedroom) Per Unit 0.583
Multifamily (2 bedrooms) Per Unit 0.833
Multifamily (3 or more bedrooms) Per Unit 1.000
Commercial:
Barber/beauty shop Per Station 0.300
Food Service:
Restaurant/Cafeteria Per Seat 0.100
Restaurant (24 hours) Per Seat 0.167
Restaurant (fast food) Per Seat 0.050
Hotel/Motel (not including food service, Per Room 0.500
banquet, laundry):
Schools:
Middle and High Per Student 0.067
Elementary and Nursery Per Student 0.025
(E) In addition to the surcharge, all new connections shall be subject to all other fees including, but not limited to, connection fees, fees for permit applications, inspections, and other related charges as set out in §§ 51.160 et. Seq. of this code.
§ 51.217 SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is for any reason declared illegal, unconstitutional, or otherwise invalid, such declaration shall not affect the remaining portions hereof.
(Ord. 10-01, passed 05/03/10)
§ 51.999 PENALTY
(A) Any person found to be violating any provision of this chapter except § 51.002 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 the notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limit provided for in division (A) above shall be guilty of a misdemeanor, on conviction thereof, shall be fined in an amount not exceeding $500 for each violation, owner shall be liable to the City in the form of restitution of all costs and expenses in accordance with § 51.189 (B) each day in which any violation continues shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned to the city by reason of the violation. (Ord. 86-1, passed 1-8-86; Am. Ord. 98-5, passed 7-15-98)
WATER SHORTAGES
§ 51.300 PURPOSE
The purpose of this ordinance is to provide for the dedication of official phases of water supply shortage situations and the implementation of voluntary and mandatory water conservation measures throughout the City in the event a shortage is declared. Nothing in this ordinance shall be construed to interfere with common law riparian or statutory water rights.
§ 51.301 DEFINITIONS
(A) “Customer,” as a term is used in this ordinance, shall mean any person using water for any purpose from the City’s water distribution system and for which either a regular charge is made or, in the case of bulk sales, a case charge is made at the site or delivery.
(B) “Other Sources of Water” as the term is used in this ordinance, shall mean water that has not been introduced by the City into its water distribution system.
(C) “Raw Water Supplies,” as the term is used in this ordinance, shall mean all water potentially available to persons in the City of New Castle.
(D) “Treated Water,” as the term is used in this ordinance, shall mean water that has been introduced by the City into its water distribution system, including water offered for sale. Used of treated water are classified as follows:
1. Essential Water Uses (Class 1):
The following uses of water, listed by site or user type, are essential.
(a) Domestic:
-Water necessary to sustain human life and the lives of domestic pets, and to maintain minimum standards of hygiene and sanitation.
(b) Health Care Facilities:
-Patient care and rehabilitation
(c) Water Hauling:
-Sales for domestic use where not reasonably available elsewhere.
(d) Public Use:
-Fire-fighting
-Health and public protection purposes, as specifically approved by health officials and the municipal governing body.
2. Socially or Economically Important Use of Water (Class 2)
The following uses of water, listed by site or user type, are socially or economically important.
(a) Domestic:
-Personal, in-house water use including kitchen, bathroom,
laundry.
(b) Water Hauling:
-Non-domestic, when other sources are not reasonably available
elsewhere
(c) Commercial and Civic Use:
-Commercial car and truck washes
-Laundromats
-Restaurants, clubs and eating places
-Schools, churches, motels/hotels and similar commercial
-Establishments
(d) Outdoor Non-Commercial Watering:
-Minimal watering of vegetable gardens
-Minimal watering of trees where necessary for their survival
(e) Outdoor Commercial or Public Watering (using conservation methods
And when other sources of water are not available or feasible to use):
-Agricultural irrigation for the production of food and fiber or
Maintenance of lice stock
-watering by arboretums and public gardens of national, state,
regional or community significance where necessary to
preserve specimens
-watering by commercial nurseries where necessary to maintain
stock
-watering where necessary to establish or maintain
re-vegetation or landscape plantings required pursuant to law
or regulation.
-watering of woody plants where necessary to preserve them
-minimal watering of golf course greens.
(f) Recreational:
-operation of municipal swimming pools and residential pools
that serve more than 25 dwelling units.
(g) Air Conditioning:
-refilling for startup at the beginning of the cooling season
-makeup of water during the cooling season
-refilling specifically approved by health officials and the
municipal governing body, where the system has been drained
for health protection or repair services.
3. Non-Essential (Class 3):
Any use of water, as defined herein, is non-essential. The following uses of water, listed by site or user type, are also non-essential.
(a) Public Use:
-use of fire hydrants (excluding Class 1 and Class 2 uses),
including use of sprinkler caps, testing fire apparatus and
fire department drills
-flushing of sewers and hydrants except as needed to ensure public
health and safety as approved by health officials and the
municipal governing body.
(b) Commercial and Civil Use:
-serving water in restaurants, clubs, or eating places, except by
customer request
-failure to repair a controllable leak
-increasing water levels in scenic and recreational ponds and
lakes, except as necessary to support fish and wildlife.
(c) Ornamental Purposes:
-fountains, reflecting pools and artificial waterfalls.
(d) Outdoor Non-Commercial Watering:
-use of water for dirt control or compaction
-watering of annual or non-woody plants other than vegetable
gardens
-watering of lawns, parks, golf course fairways, playing fields
and other recreational areas.
-washing sideways, walkways, driveways, parking lots, tennis
courts or other hard-surface areas.
-washing down buildings or structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(e) Outdoor Commercial or Public Watering:
-expanding nursery facilities, placing new irrigated agricultural
land in production, or planting of landscaping except when
required by a site design review process
-uses of water for dirt control or compaction
-watering of lawns, parks, golf course fairways, playing fields
and other recreational areas
-washing sidewalks, walkways, driveways, parking lots, tennis
courts or other hard-surface areas
-washing down buildings or structures for purposes other than
immediate fire protection.
-flushing gutters or permitting water to run or accumulate in any
gutter or street.
(f) Recreation uses other than those specified in class 2
(g) Non-commercial washing of motor and other vehicles.
(h) Air Conditioning (see also Class 2 for purposes):
-refilling cooling towers after draining.
(E) “Waste of Water,” as the term is used in this ordinance, includes, buy is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to the defective plumbing.
(F) Water Shortage Response Phase:
“Advisory,” as the term is used in this ordinance, shall mean that conditions exist which indicate the potential for serious water supply shortages.
“Alert,” as the term is used in this ordinance, shall mean that raw water supplies are consistently below seasonal averages, and if they continue to decline, may not be adequate to meet normal needs.
“Emergency,” as the term is used in this ordinance, shall mean that water supplies are below the level necessary to meet normal needs and that serious shortages exist in the area.
§ 51.302 DECLARATION OF A WATER SHORTAGE ADVISORY.
Whenever the governing body of the City finds that a potential shortage of raw water supplies is indicated, it shall be empowered to declare by resolution that a Water Shortage Advisory exists, and that the water manager or superintendent shall, on a daily basis, monitor the supply and demands upon that supply. In addition, the mayor (or his/her agent) is authorized to call upon all water customers to employ voluntary water conservation measures to limit non-essential (Class 3) water use and eliminate the waste of water. This resolution shall be published in the official city newspaper and may be publicized and through the general news media or any other appropriate method for making such resolutions public.
§ 51.303 DECLARATION OF A WATER SHORTAGE ALERT.
Whenever the governing body of the City finds raw water supplies to be consistently below seasonal averages, and if they continue to decline and may not be adequate to meet normal needs, it shall be empowered to declare by resolution that a Water Shortage Alert exists. The City shall continue to encourage voluntary water conservation measures defined under the Advisory declaration, and further shall impose a ban on all non-essential (Class 3) water uses for the duration of the shortage until it is declared to have ended by resolution of the governing body. Declaration of these resolutions shall follow the guidelines in section 3 of this ordinance.
§ 51.304 DECLARATION OF A WATER SHORTAGE EMERGENCY.
Whenever the governing body of the City finds that raw water supplies are below the level necessary to meet normal needs and that serious shortage exists, it shall be
empowered to declare by resolution that a Water Shortage Emergency exists. Essential Uses (Class 1) shall be identified, in specific, as targets for voluntary conservation initiates. Also, all socially or Economically Important Uses (Class 2) shall be restricted, and Non-Essential Uses (Class 3) shall be banned. These restrictions shall be considered ongoing until the emergency is ended by resolution of the governing body. Declaration of these resolutions shall follow the guidelines in Section 3 of this ordinance.
§ 51.305 SHORTAGE WATER RATES.
Upon the declaration of a water shortage as provided in Section 3-5, the governing body of the City shall have the power to adopt shortage water rates, by ordinance, designed to conserve water supplies. Such rates may provide for, but not be limited to: (a) higher charges per unit for increasing usage (increasing block rates); (b)
uniform charges for water usage per unit of use (uniform unit rate); (c) extra charges for use in excess of a specified level (excess demand surcharge); or (d) discounts for conserving water beyond specified levels.
§ 51.306 REGULATIONS.
During the effective period of any water supply shortages as provided for in Section 3-5, the mayor (or city manager or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance, any water supply shortage resolution, or water shortage rate ordinance.
Such regulations shall be subject to the approval of the governing body at its next regular or emergency meeting.
§ 51.307 PENALTIES.
Ant person who violates the provisions of this ordinance, who fails to carry out the duties and responsibilities imposed by this ordinance, or who impedes or impedes or interferes with any action undertaken or ordered pursuant to this ordinance shall be subject to the following penalties.
(A) If the mayor, city manager, water superintendent, or other city official or officials charged with implementation and enforcement of this ordinance or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this ordinance, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the City who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures.
(1) The City shall give the customer notice by mail that, due to the violation, water services will be discontinued within a specified time and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a City official designated as a hearing officer by the governing body.
(2) If such a hearing is requested by the customer charged with the
violation, he or she shall be given a full opportunity to be heard
before termination is ordered.
(3) The governing body or hearing officer shall make findings of fact
and order whether service should continue or be terminated.
(B) A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $200.00 for the second violation and $300.00 for each additional violation.
(C) Any customer may also be charged with violation of this ordinance and prosecuted in Henry District Court. Any person violating the provisions of this ordinance shall be guilty of a Class B misdemeanor. Each day’s violation shall constitute a separate offense.
§ 51.308 SEVERABILITY.
If any provision of this ordinance is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the
remainder of the ordinance and its applicability to the persons and circumstances shall not be affected thereby.
§ 51.309 EFFECTIVE DATE.
This ordinance shall take immediately upon adoption or passage.
§ 51.310 EFFECTIVE PERIOD.
This ordinance will remain in effect until terminated by action of the City Commission.
