CHAPTER 52: SEWERS

Section
General Provisions
52.01 Definitions
52.02 Damage or tampering with equipment prohibited

Construction and Connections
52.15 Connection required
52.16 Sanitary sewer rules
52.17 New connection; tap fee
52.18 Extensions inside city limits
52.19 Service outside city
52.20 Unpolluted water drainage

Industrial Wastes
52.30 Right of entry to inspect; correction; termination of service
52.31 Admission of industrial wastes into sewers; requirements
52.32 Prohibited discharges
52.33 Control of admissible wastes
52.34 Industrial waste surcharges

Billing and Collection
52.45 Failure to pay bills
52.46 Billing of industrial waste surcharges

Abnormal Wastewater Discharge; Control
52.60 Abnormal wastewater discharge; regulations apply
52.61 Wastewater discharge permits
52.62 Reporting and notification requirements
52.63 Sampling and monitoring facilities
52.64 Right of entry; inspection and monitoring
52.65 Sampling and analysis methods
52.66 Pretreatment
52.67 Records retention
52.68 Confidential information
Appendix: Schedule of Industrial Waste Surcharges
Cross-reference:
Water and Sewer Lines; Extensions Beyond City Limits, see §§ 50.15 et seq.
Water and Sewer Rates and Charges, see §§ 50.30 et seq.
Statutory reference:
Water quality control, Tex. Water Code, §§ 26.001 et seq.

GENERAL PROVISIONS

§ 52.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.

APPROVING AUTHORITY. The water and sewer superintendent (or other official designated by
the Mayor of the city) or his or her duly authorized deputy, agent, or representative.

B.O.D. The quantity of oxygen expressed in parts per million by weight, utilized in the biochemical
oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20°C. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.

BUILDING DRAIN. The 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 to the building sewer, beginning three feet outside the inner face of the building wall.

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

CITY. The City of McGregor, Texas, or any authorized person acting in its behalf.

DOMESTIC SEWAGE. Waterborne wastes normally discharging into the sanitary conveniences of
dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free of
storm surface water and industrial wastes.

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

INDUSTRIAL WASTE. Waterborne solids, liquids, or gaseous wastes resulting from the charged,
permitted to flow or escaping from any industrial manufacturing or food processing operation or process, or from the development of any natural resource; or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.

NATURAL OUTLET. Any outlet into a watercourse, ditch, lake, or other body of surface or ground
water.

NORMAL DOMESTIC SEWAGE. Normal sewage of the city in which the average concentration
of suspended materials and five-day B.O.D. is established at 250 parts per million each, by weight, on the basis of normal daily contribution of 0.21 pounds per capita, per 100 gallons.

PARTS PER MILLION. A weight-to-weight ratio; the PARTS PER MILLION value multiplied by the factor 8.345 shall be equivalent to pounds per 1,000,000 gallons of water.

PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, governmental agency, or other entity, and agents, servants, or employees.

pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in mols per liter. It shall be determined by one of the procedures outlined in Standard Methods.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles shall be carried freely under the flow
conditions normally prevailing in public sewers, with no particles greater than one-half inch in any
dimension.

PUBLIC SEWER. A sewer in which all owners of abutting properties shall have equal rights and
interest controlled by public authority.

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

SEWAGE SERVICE CHARGE. The charge on all users of the public sewer system whose wastes
do not exceed in strength the concentration values established as representative of normal sewage.

SEWAGE TREATMENT PLANT. Any city-owned facilities, devices, and structures used for
receiving and treating sewage from the city sanitary sewer system.

SEWAGE WORKS. All facilities for collection, pumping, treating, and disposing of sewage and
industrial wastes and would include sewage, as well as the sewage treatment facilities.

SEWER. A pipe or conduit for carrying sewage.

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

STANDARD METHODS. The examination and analytical procedures set forth in the latest edition
at the time of analysis of Standard Methods for the Examination of Water and Sewage, as prepared,
approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Waste Associations.

STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

STORM WATER. Rainfall and/or any other forms of precipitation.

SURCHARGE. The charge in addition to the sewage service charge which is made on those persons
whose wastes are greater in strength than the concentration values established as representative of normal sewage.

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

UNPOLLUTED WATER OR WASTE. Water or waste containing none of the following: free or
emulsified grease or oil; acids or alkalis; phenols or other substance producing taste and odor in receiving water; toxic or poisonous substances in suspension, colloidal state, or solution; and noxious or otherwise obnoxious, odorous gases. It shall contain not more than ten parts per million each of suspended solids
and B.O.D. The color shall not exceed 50 platinum-cobalt units.
(Prior Code, § 21-46)

§ 52.02 DAMAGE OR TAMPERING WITH EQUIPMENT PROHIBITED.
No unauthorized person shall maliciously, wilfully, or negligently break, damage, uncover, deface,
or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works.
(Prior Code, § 21-52) Penalty, see § 10.99

CONSTRUCTION AND CONNECTIONS

§ 52.15 CONNECTION REQUIRED.
(A) The use of any premises in the city in such a manner as to create sewage thereon not discharged
into the sewerage system of the city is hereby declared to be a nuisance. Every water closet or privy
connected and used in any building, not connected with the sewerage system, is hereby declared to be a nuisance; provided that this section shall be inapplicable to premises where connection with the city
sewerage system is not feasible. Such a connection is hereby declared to be feasible as to any premises
abutting any street, alley, or other public way or sewer right-of-way in which any line of the sewerage
system of the city sufficient to handle the same exists.

(B) Any person owning or occupying improved property within the city limits which can be feasibly
connected to the city sewerage system shall also connect that property and the improvements thereon with the city water services if the same exist in the street, alley, or other public way or water right-of-way abutting the premises.

(C) Where these city services are not available in the abutting streets, alleys, other public ways, or
other utility right-of-way, but subsequently are laid therein, it shall be the duty of the owner or occupant
of that property within 60 days after the same become available to connect therewith. These connections must be made subject to the applicable charges provided by the then current ordinances of the city.

(D) Three hundred feet of field line are required for septic tank installations.
(Prior Code, § 21-31) Penalty, see § 10.99

§ 52.16 SANITARY SEWER RULES.
The following rules shall apply to the city’s sanitary sewer system and service.
(Prior Code, § 21-32)

§ 52.17 NEW CONNECTION; TAP FEE.
For new connections or replacement of connections in which the city shall tap the sewer main, a tap
fee of not less than $150 (exact charge shall be determined by the City Manager in his or her sole
discretion) shall be charged to a user; user shall pay for a service line from tap to property line; and the
user shall reimburse the city for restoration of city property including cuts of curb and street. The
contractor or user shall uncover the sewer line, allow the city to make the tap, and then restore cover as
directed by the city, to include retopping the street. On January 1 of each year, the City Manager shall
publish the cost for connections of sewer lines in the form and format as established by the City Manager.
(Prior Code, § 21-32) (Am. Ord. passed 1-10-1994)

§ 52.18 EXTENSIONS INSIDE CITY LIMITS.
(A) Sewer main extensions inside the city limits shall be provided in accordance with the policy set
forth as follows.

(1) The city shall not be required to extend sewer mains to residential structures existing as of
January 28, 1979, should that extension require the installation of individual lift stations or should ten or
fewer existing residential structures require the construction of a lift station. Service requests falling within the above exclusion shall be considered on an individual basis.

(2) (a) The owners of residential structures in existence as of January 28, 1979, and located on
property abutting on sewer mains constructed under the terms of this chapter, shall upon connection to the sewer main and in addition to any other fees established by the city, be required to pay 25% of the front foot cost of the line abutting their property.

(b) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FRONT FOOT COST. All costs of construction, engineering, and right-of-way acquisition divided by the amount of front footage of the property abutting upon and served by the sewer main.

(3) Owners of property, upon which a structure requiring sewage disposal service is located,
abutting on a sewer main constructed in accordance with the terms hereof, shall connect to the sewer main within 60 days after the sewer main is available for connection, all as provided in § 52.15 of this code.

(4) Should an owner of a house existing as of January 28, 1979, subdivide the tract upon which
that house is located, or build an additional structure requiring sewer service, before a structure on the
additional tract or a new structure shall receive sewer service, the city shall be paid an amount equal to
75% of front foot cost, apportioned to that tract, of installing the sewer line, plus all required fees for sewer service connections.

(5) Residential structures constructed after January 28, 1979, on tracts abutting the lines to be
constructed in the areas above specified, shall pay the full front foot cost plus any standard charges such as a tap fee.

(B) The Building Official shall, whenever an application for a building permit is made, ascertain
whether or not the building is to be served by a sewer main constructed under this policy. If so, the builder and/or landowner shall be informed of the cost to tap into the sewer line. The City Water and Sewer Department shall make and retain a permanent map showing sewer lines covered by this policy and maintain permanent records showing dates and amounts paid by abutting property owners for sewer connections and showing the date of the construction of the sewer line and of the cost per foot.

(C) In all areas outside the areas prescribed in this section where a sanitary sewer is not available as
of January 28, 1979, the extension of sewer lines shall be under the provisions of Chapter 155 of this code, regarding subdivisions.
(Prior Code, § 21-32)

§ 52.19 SERVICE OUTSIDE CITY.
No service shall be provided outside the corporate limits of the city, unless the request for that service
is submitted to the city in writing and approved by the City Council.
(Prior Code, § 21-32)

§ 52.20 UNPOLLUTED WATER DRAINAGE.
No connections shall be made to the sewer system which allow inflow or infiltration of storm waters
from gutters, downspouts, area drains, or storm sewers; naturally occurring ground water; overflows or
drains from swimming pools; or other extraneous sources of unpolluted waters.
(Prior Code, § 21-32) Penalty, see § 10.99

INDUSTRIAL WASTES

§ 52.30 RIGHT OF ENTRY TO INSPECT; CORRECTION; TERMINATION OF SERVICE.
The approving authority bearing credentials and identification shall be permitted to gain access to
properties as may be necessary for the purpose of inspection, observation, measurement, sampling, and
testing, in accordance with provisions of this subchapter. Any person found to be violating any provision of this subchapter 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. Any person guilty of violation of the service contract shall be summarily disconnected from the sanitary sewer and/or water service. The disconnection and re-connection would be at the total expense of the customer. Where acids and chemicals, damaging to sewer lines or treatment processes, are released to the sewer, causing deterioration of these structures or interfering with proper treatment of sewage, the approving authority is authorized to immediately terminate services by measures as are necessary to protect the facilities.
(Prior Code, § 21-48) Penalty, see § 10.99

§ 52.31 ADMISSION OF INDUSTRIAL WASTES INTO SEWERS; REQUIREMENTS.
(A) Approval. Review and acceptance of the approving authority shall be obtained prior to the
discharge into the public sewers of any wastes and waters having:

(1) A five-day, 20°C biochemical oxygen demand (B.O.D.) greater than 250 parts per million; or

(2) Suspended solids containing greater than 250 parts per million.

(B) Pretreatment. Where required, in the opinion of the approving authority, to modify or eliminate
wastes that are harmful to the structures, processes, or operations of the sewage disposal works, the person shall provide, at his or her expense, those preliminary treatment or processing facilities as may be determined necessary to render his or her wastes acceptable (with respect to quantity and quality) for admission to the public sewers.

(C) Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided for the
proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand,
and other harmful ingredients; except that these interceptors shall not be required for private living quarters or dwellings. All interceptors shall be of a type and capacity approved by the approving authority and shall be located so as to be readily accessible for easy cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight, and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight. Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.

(D) Submission of information. Plans, specifications, and any other pertinent information relating to
proposed preliminary treatment or processing facilities shall be submitted for approval of the approving
authority prior to the start of their construction, if the effluent from those facilities is to be discharged into the public sewers.
(Prior Code, § 21-49)

§ 52.32 PROHIBITED DISCHARGES.
(A) No person shall discharge or cause to be discharged any storm water, ground water, roof runoff,
subsurface drainage, downspouts, yard drains, yard fountain and ponds, or lawn sprays into any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to sewers as are specifically designated as storm sewers, or to natural outlet approved by the approving authority. In cases where, and in the opinion of the approving authority, the character of the sewage from any manufacturer or industrial plant, building, or other premises is such that it will damage the system, or cannot be treated satisfactorily in the system, the approving authority shall have the right to require the user to dispose of that waste otherwise and prevent it from entering the system.

(B) No person shall discharge or cause to be discharged either directly or indirectly any of the following described substances, materials, waters, or wastes:

(1) Any liquid having a temperature higher than 150°F (65°C);

(2) Any water or wastes which content was, grease or oil, plastic, or other substance that will solidify, or become discernibly viscous at temperatures between 32°F and 150°F;

(3) Any solids, slurries, or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids;

(4) Any solids, liquids, or gases which by themselves, or by interaction with other substances,
may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operator of the sewage disposal works;

(5) Any garbage that has not been properly comminuted or shredded. If properly comminuted or shredded, then it may be accepted under provisions established in § 52.31(A) of this code;

(6) Any noxious or malodorous substance, which either singly or by interaction with other
substances is capable of causing objectionable odors or hazard to life; or forms solids in concentrations
exceeding limits established in § 52.31(B) of this code; or creates any other condition deleterious to
structures or treatment processes; or requires unusual provisions, alteration, or expense to handle those
materials;

(7) Any waters or wastes having a pH lower than six or higher than ten or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the sewage disposal works;

(8) Any wastes or water containing suspended or dissolved solids of character and quantity so that unusual attention or expense is required to handle those materials as the sewage treatment or in the public sewage works;

(9) Any waters or wastes containing a toxic or poisonous substance such as plating or heattreating
wastes in sufficient quantity to injure or interfere with any sewage treatment process, to constitute
a hazard to humans or animals, or to create any hazard in the receiving waters of the sewage treatment
plant;

(10) Any cyanide greater than one part per million;

(11) Any phenols greater than 0.01 parts per million;

(12) Any hydrogen sulfide greater than 0.1 parts per million;

(13) Any fluorides greater than 1.5 parts per million;

(14) Any arsenic greater than 0.05 parts per million;

(15) Any barium greater than five parts per million;

(16) Any boron greater than one part per million;

(17) Any cadmium greater than 0.02 parts per million;

(18) Any hexavalent chromium greater than one part per million;

(19) Any trivalent chromium greater than five parts per million;

(20) Any copper greater than one part per million;

(21) Any iron greater than five parts per million;

(22) Any lead greater than 0.1 parts per million;

(23) Any manganese greater than one part per million;

(24) Any mercury greater than 0.005 parts per million;

(25) Any nickel greater than one part per million;

(26) Any selenium greater than 0.02 parts per million;

(27) Any silver greater than 0.1 parts per million;

(28) Any tin greater than one part per million; or

(29) Any zinc greater than one part per million.

(C) It shall be unlawful for any person to discharge waters or wastes to the sanitary sewer containing:

(1) Free or emulsified oil and grease exceeding, on analysis, an average of one part per million
(8.345 pounds per 1,000,000 gallons) of either, or both, or combinations of free or emulsified oil and
grease, if, in the opinion of the approving authority, it appears probable that those wastes:

(a) Can deposit grease or oil in the sewer lines in a manner so as to clog the sewers;

(b) Can overload skimming and grease-handling equipment;

(c) Are not amenable to bacterial action and will, therefore, pass to the receiving waters without being affected by normal sewage treatment processes; or

(d) Can have deleterious effect on the treatment process due to excessive quantities.

(2) Any radioactive wastes greater than the allowable releases as specified by current U.S. Bureau of Standards handbooks dealing with the handling of and release of radioactivity;

(3) Cyanides or cyanogen compounds capable of liberating hydrocyanic gas on acidification in excess of 0.5 parts per million by weight as CN in the wastes from any outlet into the public sewers; or

(4) Materials which exert or cause:

(a) Unusual concentrations of solids or composition; as for example, in total suspended solids of inert nature (such as fuller’s earth) and/or in total dissolved solids (such as sodium chloride or sodium sulfate);

(b) Excessive discoloration; or

(c) Unusual biochemical oxygen demand or an immediate oxygen demand.

(D) Unusual flow and concentration shall be pretreated to a concentration acceptable to the city, if
those wastes can:

(1) Cause damage to collection facilities;

(2) Impair the processes;

(3) Incur treatment cost exceeding those of normal sewage; or

(4) Render the water unfit for stream disposal or industrial use.

(E) Where discharges of these wastes to the sanitary sewer are not properly treated or otherwise
corrected, the approving authority may:

(1) Reject the wastes, or terminate the service of water and/or sanitary sewer;

(2) Require control of the quantities and rates of discharge of these wastes; or

(3) Require payment of surcharges for excessive cost for treatment, provided the wastes are amenable to treatment by normal sewage plant facilities operated by the city.
(Prior Code, § 21-50) Penalty, see § 10.99

§ 52.33 CONTROL OF ADMISSIBLE WASTES.
(A) Permit. Any person desiring to deposit or discharge any industrial waste mixture into the sewers
or sewage works of the city, or any sewer connected therewith, shall make application to the approving
authority for a permit therefor upon application forms to be obtained from him or her.

(B) Control chambers. Any person discharging or desiring to discharge any industrial waste mixture
into the sewers or sewage works of the city, or any sewer connected therewith, shall provide and maintain in a suitable accessible position on his or her premises, or the premises occupied by him or her, an inspection chamber or manhole near the outlet of each sewer, drain, pipe, channel, or connection, which communicates with any sewer or sewage works of the city, or any sewer connected therewith. Each manhole or inspection chamber shall be of a design or construction which will prevent infiltration by ground and surface waters or introduction of slugs of solids by installation of screens with maximum openings of one inch but of a sufficient fineness to prevent the entrance of objectionable slugs of solids to the sanitary sewage system and shall be so maintained by persons discharging wastes so that any authorized representative or employee of the city may readily and safely measure the volume and obtain samples of the flow at all times. Plans for the construction of control manholes or inspection chambers, including those flow-measuring devices as may or may not be required, shall be approved by the approving authority prior to the beginning of construction.

(C) Measurement of flow. Use of a flow meter, authorized by the approving authority and installed
and maintained by the donor person, for direct measurement of sewage flow entering the control chamber (division (B) above), shall be a valid basis for computing sewage flow.

(D) Sampling of wastes. Sampling of the effluent of waste discharges may be accomplished manually
or by the use of mechanical equipment to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at those intervals as determined by the approving authority as
necessary to maintain a control over the discharge from the establishment. The methods used in the
examination of all bacteriological wastes to determine suspended solids, B.O.D., and prohibited wastes
shall be those set forth in § 52.31 of this code.
(Prior Code, § 21-51)

§ 52.34 INDUSTRIAL WASTE SURCHARGES.
(A) General.

(1) If the volume or character of the waste to be treated by the city does not cause overloading
of the sewage collection, treatment, or disposal facilities of the city, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an
industrial waste charge to be determined from the schedule of charges.

(2) If the volume or character of the waste to be treated by the city requires that wastewater
collection, treatment, or other disposal facilities of the city be improved, expanded, or enlarged in order
to treat the waste, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to
acceptance of the waste.

(3) The agreement entered into pursuant to division (A)(1) of this section shall include but not be limited to:

(a) Amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste; and

(b) Operating and maintenance costs including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead, and office expense.

(4) Amortization shall be completed in a 40-year period and payment shall include all debt service costs.

(B) Schedule of charges. The method set forth in the appendix to this chapter will be used to determine the equitable industrial waste charge for the transportation and treatment of industrial waste by the city. The costs associated with transportation and treatment include the unamortized capital costs of existing facilities (as represented by the outstanding debt on improvements completed prior to the passage of this subchapter), facility construction costs (total cost including Environmental Protection Agency grant), operation and maintenance costs (including repair and replacement costs), and any other costs (for example, site acquisition, easement costs, administrative costs, and the like).

(C) Adjustment of charges.

(1) The city shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing.

(2) Increases in charges shall be retroactive for two billing periods and shall continue for six billing periods unless subsequent tests determine that the charge should be further increased.

(3) The city shall review, at least annually, the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on
the previous year’s experience.

(4) The city shall bill the discharger by the month and shall show industrial waste charges as a
separate item on the regular bill for water and sewer charges. The discharger shall pay monthly in
accordance with practice existing for payment of sewer charges.
(Prior Code, § 21-53)

BILLING AND COLLECTION

§ 52.45 FAILURE TO PAY BILLS.
Failure to pay monthly bills for water or sanitary sewer services when due, or failure to pay the
established sewer charge or surcharge for industrial waste when due, or repeated discharge of prohibited waste to the sanitary sewer shall be sufficient cause to disconnect any and all services to the water and sanitary sewer mains of the city, and to invoke the same penalties and charges now or hereafter provided for by the ordinances of the city; that is, the penalty or charge for failure to pay the bill for water service when due shall be applicable in like manner in case of failure to pay the established surcharge for industrial waste discharged to the sanitary sewer mains as established in § 52.34 and the appendix to this chapter.
(Prior Code, § 21-47) Penalty, see § 10.99

§ 52.46 BILLING OF INDUSTRIAL WASTE SURCHARGES.
Industrial waste surcharges provided for in this chapter shall be included as a separate item on the
regular bill for water and sewer charges and shall be paid monthly in accordance with the existing
practices. Surcharges shall be paid at the same time that the water, sewer, and sanitation charges of the
person become due, and payment for water, sewer, and sanitation services shall not be accepted without
payment also of sewer service charges and surcharges.
(Prior Code, § 21-54)

ABNORMAL WASTEWATER DISCHARGE; CONTROL

§ 52.60 ABNORMAL WASTEWATER DISCHARGE; REGULATIONS APPLY.
The discharge of abnormal wastewater by a user shall be subject to approval and possible limitation
by the authority. These discharges shall subject the user to a sewage surcharge in accordance with this
code. Any user may be required to apply for a permit if deemed necessary by the authority.
(Prior Code, § 21-108) (Ord. passed 2-12-1996)

§ 52.61 WASTEWATER DISCHARGE PERMITS.
(A) Significant industrial users and monitored users.

(1) All significant industrial users proposing to connect to or to discharge to the publicly owned
treatment works (“POTW”) shall obtain a wastewater discharge permit before connecting to or discharging to the POTW. All existing significant industrial users connected to or discharging to the POTW shall obtain a wastewater discharge permit.

(2) Commercial and industrial users which discharge abnormal wastewater, which are capable
of discharging abnormal wastewater, or which do not discharge a significant amount of regulated pollutants on a regular basis, may be classified by the authority as monitored users and required to obtain a wastewater discharge permit. Examples include automotive service shops, small food processors, and photographic developing shops.

(B) Permit application. Users required by the authority to obtain a wastewater discharge permit shall,
within 30 days of being notified of the requirement, complete and submit an application in the form
prescribed by the authority. Proposed new significant industrial users shall apply at least 90 days prior to connecting to or discharging to the POTW. In support of its application, a user shall submit the following information:

(1) Name, address, and location;

(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(3) Wastewater constituents and characteristics, including but not limited to those mentioned in
this chapter, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed
in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. 136, as amended;

(4) Time and duration of contribution;

(5) Average daily and maximum daily wastewater flow rates, including daily, monthly, and seasonal variations, if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and the appurtenances by size, location, and evaluation;

(7) Specific location of existing or proposed monitoring facilities as required by this chapter;

(8) Description of activities, facilities, and plant processes on the premises including all materials
which are or could be discharged;

(9) The nature and concentration of any pollutants in the discharge which are limited by the city,
state, or federal pretreatment standards, and a statement regarding whether the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;

(10) If additional pretreatment or operation and maintenance will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide the additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(a) The schedule shall contain dates for the commencement and completion of major events
in the planning, construction, and operation of additional pretreatment required for the user to meet its
applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like);

(b) No increment referred to in division (B)(10)(a) above shall exceed nine months; and

(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the authority including, at a minimum, whether it complied with the schedule date and, if not, the date on which it expects to comply with the schedule date, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between progress reports to the authority.

(11) Each product produced by type, amount, process or processes, and rate of production;

(12) Type and amount of raw materials processed (average and maximum per day);

(13) Number and type of employees, hours of operation of plant, and proposed or actual hours of
operation of pretreatment system;

(14) Any other information as may be deemed by the authority to be necessary to evaluate the
permit application; and

(15) All wastewater discharge permit applications and user reports shall contain the following certification statement and shall be signed by an authorized representative of the user: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly doing so.”

(C) Permit issuance. The authority will evaluate the data furnished by the user, and may require
additional information. After evaluation and acceptance of the data furnished, the authority may issue a
wastewater discharge permit subject to the terms and conditions provided herein, and shall charge the user a fee as may be established from time to time by resolution of the City Council.

(D) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of
this chapter and user charges and fees established by the city. Permits may contain the following:

(1) Limits on the average and maximum wastewater constituents and characteristics;

(2) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(3) Requirements for the installation and maintenance of inspection and sampling facilities, and access thereto by the authority;

(4) Location of approved discharge points;

(5) Specifications for self-monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedule;

(6) Compliance schedules and associated progress reporting requirements;

(7) Requirements for submission of technical reports or discharge reports;

(8) Requirements for maintaining and retaining records relating to wastewater discharge as required by this chapter and affording the authority access thereto;

(9) Requirements for the user to report in writing any new introduction of wastewater constituents, any change greater than 20% in flow or in concentrations of wastewater constituents, changes in the schedule of batch discharges, and any plans for the installation of new processes;

(10) Statement of nontransferability;

(11) Requirements for notification of the authority in cases of accidental or slug discharge as required by any section of this chapter;

(12) Statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements;

(13) Other conditions as deemed appropriate by the authority to ensure POTW compliance with
wastewater disposal contracts and to ensure user compliance with this chapter. These conditions may
include:

(a) More stringent limitations on pollutant concentrations set forth in this code of ordinances;

(b) Limitation on the concentration of B.O.D., T.S.S., or other pollutants; and

(c) The halting of specific discharges to the building sewer.

(14) The authority may impose mass limitations on a user which is using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by § 52.62(C) of this code shall indicate the mass of pollutants in the effluent of the user which are regulated by pretreatment standards.

(E) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A
permit may be issued for a period less than a year and may be stated to expire on a specific date. The terms and conditions of the permit shall be subject to modification by the authority according to the following division (F) during the term of the permit. The user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change.

(F) Permit modification. The authority may modify a permit for good cause, including but not limited
to the following:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements. With the promulgation of a categorical pretreatment standard, the permit shall be revised to require compliance with that standard within the time frame prescribed, if the user is subject to that standard;

(2) Material or substantial alterations or additions to the user’s operation processes, or discharge
volume or character which were not considered in drafting the effective permit;

(3) A change in any condition on the part of the user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4) Information indicating that the permitted discharge poses a threat to the city or POTW collection and treatment systems, city or POTW personnel, or the receiving waters;

(5) Violation of any terms or conditions of the permit;

(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or any
required reporting;

(7) Revision to include a variance from the categorical standards pursuant to 40 C.F.R. 403.13;

(8) To correct typographical or other errors in the permit;

(9) To reflect transfer of the facility ownership or operation to a new owner or operation; or

(10) (a) Upon request of the permittee, provided the request does not create a violation of any
applicable requirements, standards, laws, or rules and regulations.

(b) The filing of a request by the permittee for permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(G) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner,
new user, different premises, or a new or changed operation without the approval of the authority.

(H) Extrajurisdictional users.

(1) Any significant industrial user or monitored user located beyond the corporate limits of the
city shall submit a wastewater discharge permit application in accordance with this section and obtain a
permit. The significant industrial users located beyond the city limits shall submit the application to the
authority 90 days prior to any proposed discharge into the POTW.

(2) Division (H)(1) above shall not apply to users in neighboring jurisdictions which have an agreement with the city for access to the POTW requiring those jurisdictions to implement and enforce pretreatment program requirements. The city may enter into an agreement with the neighboring jurisdiction in which a significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against that user.

(I) Denial; appeals. Any person, including the applicant, may petition the city to reconsider the terms of a wastewater discharge permit within 30 days of its issuance or denial.

(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4) If the city fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater permit shall be considered final administrative action for purposes of judicial review.
(Prior Code, § 21-100) (Ord. passed 2-12-1996) Penalty, see § 10.99

§ 52.62 REPORTING AND NOTIFICATION REQUIREMENTS.
(A) Baseline report. Within 180 days following the effective date for new or revised categorica
pretreatment standards, or at least 90 days prior to commencement of the introduction of wastewater into the POTW by a new user, any user subject to a categorical pretreatment standard shall submit to the authority a report (in a form provided by the authority), indicating the nature and concentration of all
prohibited or regulated substances contained in its discharge, and the average and maximum daily flow
in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance or pretreatment is necessary to bring the discharge into compliance with the applicable categorical pretreatment standards. This report shall be signed by an authorized representative of the user and certified by a qualified professional as stated in 40 C.F.R. 403.12(b)(6).

(B) Ninety-day compliance report. Within 90 days following the date for final compliance by a user
with applicable categorical pretreatment standards or within 90 days following commencement of the
introduction of wastewater into the POTW by a new user, any user subject to categorical pretreatment
standards shall submit to the authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance or pretreatment is necessary to bring the discharge into compliance with the applicable categorical pretreatment standards or requirements. This report shall be signed by an authorized representative of a user.

(C) Periodic compliance reports.

(1) Any user subject to categorical pretreatment standards shall submit to the authority a report
indicating the nature and concentration of prohibited or regulated substances in its wastewater which are limited by pretreatment standards. These reports shall be based on sampling and analysis performed in accordance with permit requirements. Reports are required after the compliance date of such a categorical pretreatment standard, or in the case of a new user, after commencement of the discharge, and are to be submitted during the months of July and January of each year, or more frequently if required by the authority.

(2) In addition, where applicable, this report shall include a record of all measured or estimated
average and maximum daily flows. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, taking into consideration extenuating factors, may authorize the submission of these reports for months other than those specified above.

(D) Reporting additional monitoring. If a user subject to the reporting requirements of this section
monitors any pollutant more frequently than required by the authority using the procedures prescribed in
§ 52.65 of this code, the results of this monitoring shall be included in the report.

(E) Noncategorical significant industrial user reporting. Noncategorical significant industrial users
shall submit to the authority at least once every six months (on dates specified by the authority) a
description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on sampling and analysis may be performed in the period covered by the report, and performed in accordance with the techniques described in § 52.65 of this code. This sampling and analysis may be performed by the authority instead of the noncategorical significant industrial user.

(F) Required notifications to the authority. A user shall report the following to the authority:

(1) If sampling performed by a user indicates a violation, the user shall notify the authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the authority within 30 days after becoming aware of the violation. The user is not required to resample if the authority performs sampling between the user’s initial sampling and its receipt of the results of the sampling;

(2) A user shall notify the authority of any significant changes to the user’s operations or discharge which might alter the nature, quality, or volume of its wastewater. Unless approved by the authority, notification shall be made at least 30 days before the change. The authority may deny or condition new or increased dischargers of pollutants or changes in the nature of pollutants to the POTW by users, where the discharges do not meet applicable pretreatment standards and requirements or where the discharges would cause interference to the POTW;

(3) A user which experiences an upset shall inform the authority within 24 hours of becoming aware of the commencement of the upset. When this information is given orally, the user shall also file a written report within five working days. The report shall specify:

(a) A description of the discharge and cause of noncompliance;

(b) The period of noncompliance, including the exact dates and times it started and ended, or if it has not yet been corrected, the time by which compliance is reasonably expected to occur; and

(c) All steps taken or planned by the user to reduce, eliminate, and prevent recurrence of the noncompliance.

(4) Hazardous waste discharges as specified in this code of ordinances;

(5) Any bypass as specified in this code of ordinances; and

(6) Accidental or slug discharges as specified in this code of ordinances.

(G) Signatory requirement for reporting. All user reports shall contain the following certification
statement and shall be signed by an authorized representative of the user: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly doing so.”
(Prior Code, § 21-101) (Ord. passed 2-12-1996)

§ 52.63 SAMPLING AND MONITORING FACILITIES.
(A) The authority may require to be provided and operated at the user’s own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of the building sewer and internal drainage systems. The monitoring facility should normally be situated on the user’s premises, and located so that it will not be obstructed by landscaping or vehicles. The city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area.

(B) There shall be ample room in or near the sampling manhole or facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the user.

(C) Whether constructed on public or private property, the sampling and monitoring facilities shall
be provided in accordance with the authority’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 30 days following written authorization to begin by the authority.
(Prior Code, § 21-102) (Ord. passed 2-12-1996)

§ 52.64 RIGHT OF ENTRY; INSPECTION AND MONITORING.
(A) The authority may inspect the facilities of any user to determine compliance with the requirements
of this chapter. The user shall allow the authority or its representatives to enter upon the premises of the
user at all reasonable hours for the purposes of inspection, sampling, flow measurement, or examination
of records. All reports and records related to the provisions of this chapter shall be made available for
copying and inspection by the authority.

(B) The authority shall have the right to set upon the user’s property those devices as are necessary
to conduct sampling, inspection, compliance monitoring, and metering or measuring operations.

(C) All industrial waste and wastewater discharged or deposited into the POTW shall be subject to
periodic inspection and sampling as often as may be deemed necessary by the authority. Should a user
desire that monitoring be performed at some time other than that scheduled by the authority, this special
scheduling may be made by the authority at the expense of the user or person.

(D) The inspectors, agents, or representatives of the authority charged with the enforcement of this
section shall be deemed to be performing a governmental function for the benefit, health, and welfare of
the general public.
(Prior Code, § 21-103) (Ord. passed 2-12-1996)

§ 52.65 SAMPLING AND ANALYSIS METHODS.
All analyses required by this chapter shall be performed in accordance with procedures contained in
40 C.F.R. 136 and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 C.F.R. 136 does not include sampling or analytical techniques for the pollutants in question, or if the EPA determines that the 40 C.F.R. 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods, or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, and approved by the EPA.
(Prior Code, § 21-104) (Ord. passed 2-12-1996)

§ 52.66 PRETREATMENT.
(A) Users shall provide necessary wastewater pretreatment as required to comply with this chapter
and shall achieve compliance with all categorical pretreatment standards within the time limitations as
specified by pretreatment requirements. Any facilities required to treat wastewater to a level acceptable
to the authority shall be provided, operated, and maintained at the user’s expense.

(B) Detailed plans showing pretreatment facility and operating procedures shall be submitted to the
authority for review and must be acceptable to the authority before commencement of construction of the facility. The review of the plans and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce a discharge acceptable to the authority
under the provisions of this chapter.

(C) Any subsequent changes in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the authority prior to the user’s initiation of the changes.
(Prior Code, § 21-105) (Ord. passed 2-12-1996)

§ 52.67 RECORDS RETENTION.
(A) All records relating to compliance with this chapter shall be made available to the authority upon
request. All users subject to this chapter shall retain and preserve for no less than three years, all such
records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof,
relating to monitoring, sampling, and chemical analyses made by or on behalf of the user. Users shall
retain records of all monitoring information, including all calibration and maintenance records, all original
strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this
permit, and records of all data used to complete the application for permit.

(B) All records which pertain to matters which are the subject of any enforcement or litigation
activities brought by the authority shall be retained and preserved by the user until all enforcement
activities have concluded and all periods of limitation for appeals have expired.
(Prior Code, § 21-106) (Ord. passed 2-12-1996)

§ 52.68 CONFIDENTIAL INFORMATION.
(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits,
monitoring programs, and inspections shall be available to the public or other governmental agency
without restriction unless otherwise protected by law. Wastewater constituents and characteristics will not be recognized as confidential information.

(B) When requested by the person furnishing a report, the portions of a report which might disclose
trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this chapter, the city’s contracts for wastewater disposal, state disposal system permit, and pretreatment standards or requirements; provided, however, that those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(Prior Code, § 21-107) (Ord. passed 2-12-1996)

APPENDIX: SCHEDULE OF INDUSTRIAL WASTE SURCHARGES

(A) Generalized formula for computing industrial waste charges.

(1) The following is the generalized formula for computing industrial waste charges. The principle applies equally well with additional terms (e.g., chlorine feed rates).

Ci = v0Vi + b0Bi = s0Si

Where:

b0 = Unit cost of treatment chargeable to B.O.D., in dollars per pound;

Bi = Amount of B.O.D. from industrial users, in pounds per year;

Ci = Charge to industrial user per year, in dollars;

s0 = Unit cost of treatment (including sludge treatment) chargeable to S.S., in dollars per pound;

Si = Amount of S.S. from industrial users, in pounds per year;

v0 = Unit cost of transport and treatment chargeable to volume, in dollars per 1,000 gallons; and

Vi = Volume of wastewater from industrial users, in pounds per year.

(2) Example: The secondary treatment plant serving a municipality is enlarged from 2,000,000
gallons per day to 6,000,000 gallons per day. Anticipated loading at the completion of the project: volume
= 3.6 MGD; B.O.D. = 7,300 pounds/day; and S.S. = 9,800 pounds/day.

(a) Computation of costs.

New project cost: $1,200,000
Plus capital cost of existing facility (debt): + $260,000
Total capital cost: $1,460,000
Less excess capacity portion (40% x $1,460,000): - $584,000
Cost of utilized portion: $876,000
Times capital recovery factor (40 yrs. at 5%): x 0.0583
Uniform annual payment: $51,000
Plus estimated O&M: + $74,400
Total annual treatment cost: $125,400

(b) Use allocation percentages.

(c) Allocated cost.

(d) Calculation of unit costs.

(B) Industrial waste charge formula for municipality.
(1) (a) b0 = 0.0184 per pound B.O.D.;

(b) s0 = 0.0105 per pound S.S.; and

(c) v0 = 0.0297 per 1,000 gallons.

(2) Assume industry discharges.

(3) 150,000 gallons per month of 500 mg per liter B.O.D. and 300 mg per liter S.S. wastewater.

(4) Monthly charge:

Ci = (250 x 0.0297) + (1042.516 x 0.0184) + (625.5 pounds x 0.0105)
= 7.43 + 19.18 + 6.57
= $33.18

(Prior Code, § 21-53)
Cross-reference:
Industrial waste surcharges, see § 52.34