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HomeMy WebLinkAbout1977-2105 REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS & DRAINS. ORDINANCE NO. c02/03 AN ORDINANCE relating to public services and utilities; regulating the use of public and private sewers and drains, pri- vate waste water disposal, the installation and con-, 411 nection of building sewers, and the discharge of waters and wastes into public sewer systems; providing penalties for violations; and enacting Chapter 7.62, "Sewer Use Regulations", and the sections thereof, as a new chapter and new sections of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.62, "Sewer Use Regulations", and the following various sections thereof, are hereby enacted as a new chapter and new sections of the City of Yakima Municipal Code to read as follows: "Chapter 7,62 SEWER USE REGULATIONS 7.62.010 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this ordi- nance shall be as follows: 1. 'Administrative Authority' shall mean the Chief of Code Administration or his authorized represen- tative. 2. 'Biochemical oxygen demand (BOD)" shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days of 20 C, expressed in milligrams per liter. 3. 'Building drain' shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. 4. 'Building sewer' shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection. 5. 'Combined sewer° shall mean a sewer intended to receive both wastewater and storm or surface water. 6. 'Easement' shall mean an acquired legal right for the specific use of land owned by others. 7. 'Floatable oil' is 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 floatable fat if it is properly pretreated and the wastewater does not interfere with the collec- tion system. 8. 'Garbage' shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. 9. 'Industrial wastes' shall mean the wastewater from industrial processes, trade, or business as dis- tinct from domestic or sanitary wastes. 10. 'Natural outlet' shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater. 11. 'May' is permissive. 12. 'Person' shall mean any individual, firm, company, association, society, corporation, or group. 13. 'pH' shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in gram, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10 . 14. 'Properly shredded garbage' shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow lip conditions normally prevailing in public sewers, with no particle greater than k inch in any dimen- sion. 15. 'Public sewer' shall mean a common sewer controlled by a governmental agency or public utility. 16. 'Sanitary sewer' shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and in- stitutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. 17. 'Sewage' is the spent water of a community. (The preferred term is 'wastewater'). 18. 'Sewer' shall mean a pipe or conduit that carries wastewater or drainage water. 19. 'Shall' is mandatory. 20. 'Slug' shall mean any discharge of water or waste- water which in concentration of any given consti- tuent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. -2- 21. 'Storm drain' (sometimes termed 'storm sewer') shall mean a drain or sewer for conveying water, ground- water, subsurface water, or unpolluted water from any source. 22. 'Superintendent' shall mean the superintendent of wastewater facilities of the City of Yakima, or his authorized deputy, agent, or representative. 23. 'Suspended solids' shall mean total suspended matter that either floats on the surface of, or is in sus- pension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in 'Standard Methods for the Examina- tion of Water and Wastewater' and referred to as nonf ilterable residue. 24. 'Unpolluted water' is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be by discharge to the sanitary sewers and wastewater treatment facilities provided. 25. 'Wastewater' shall mean the spent water of a community. From the standpoint of source, it may be a combina- tion of the liquid and water - carried wastes from residences, commercial buildings, industrial plants, • and institutions, together with any groundwater, surface water, and stormwater that may be present. 26. 'Wastewater facilities' shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. 27. 'Wastewater treatment works' shall mean an arrange- ment of devices and structures for treating waste - water, industrial wastes, and sludge. Sometimes used as synonymous with 'waste treatment plant' or 'wastewater treatment plant' or 'water pollution control plant'. 28. 'Watercourse' shall mean a natural or artificial channel for the passage of water either continuously or intermittently." 7.62.020 Use of public sewers required. A. It shall be unlawful for any person to place, deposit, • or permit to be deposited in any unsanitary manner on public or private property any human or animal excrement, garbage, or objectionable waste. B. It shall be unlawful to discharge into any public storm drain or ditch any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. -3 - C. Except as hereinafter provided, it'shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. D. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Yakima 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 sewer of the City of Yakima, are hereby required at the owners' expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within two hundred (200) feet of the property line. 7.62.030 Private wastewater disposal. Before commence- ment of construction of a private wastewater dispo.sal system the owner shall first obtain a written permit from the Yakima County Health District as set forth in Chapter 10 of said District's 'Rules and Regulations providing for the regulation of on-site sewage disposal systems'. 7.62.040 Building sewers and connections. A. No unauthorized person shall uncover, make any con- 111 nections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Division of Code Administration. B. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the administrative authority. Permit and inspection fees shall be paid as required by applicable provisions of the City of Yakima Municipal Code, C. All costs and expenses incidental to the instal- lation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. D. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. -4_ E. Old building sewers may be used in connection with new buildings only when they are found, on examina- tion and test by the administrative authority, to meet all requirements of this ordinance. 411 F. The size, slope, alignment, materials of construc- tion of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the require- ments of the building and plumbing code or othr applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. H. No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or build ing drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage. I. The connection of the building sewer into the public sewer shall conform to the requirements of the build- ing and plumbing code or other applicable rules and regula- tions of the City, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be appro- ved by the administrative authority before installation. J. The applicant for the building sewer permit shall notify the administrative authority when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the super- vision of the administrative authority or his representa- tive. K. All excavations for building sewer installation 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. 7.62.050 Use of public sewers. A. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any -5- sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Director of Public Works. B. Stormwater other than that exempted under Subsec tion A of this section, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Director of Public Works and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, • to a storm sewer or natural outlet. C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers, storm drains or ditches: 1. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. 2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treat- ment plant. 3. 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 wastewater works. 4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cin- ders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by gar- bage grinders. D. The following described substances, materials, waters, or waste shall be limited in discharges to muni- cipal systems to concentrations or quantities which will 411 not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Director of Public Works may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary -A- to meet the above objectives. In forming his opinion as to the acceptability, the Director of Public Works will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Director of Public Works are as follows: 1. Wastewater having a temperature higher than 150 Fahrenheit (65 Celsius). 2. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil ori- gin. 3. Wastewater from industrial plants containing floatable oils, fat, or grease. 4. Any garbage that has not been properly shredded (see Section 7.62.010, 14). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consump- tion on the premises or when served by caterers. 5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Director of Public Works for such materials. 6. Any waters or wastes containing odor-producing substances exceeding limits which may be esta- blished by the Director of Public Works. 7. Any radioactive wastes or isotopes of such 111 half-life or concentration as may exceed limits established by the Director of Public Works in compliance with applicable state or federal regulations. -7- • 8. Quantities of flow, concentrations or both which constitute a 'slug' as defined herein. 9. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes 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 dis- charge to the receiving waters. 10. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes. E. If any waters or wastes are discharged or are proposed to be discharged to the public sewer, which waters contain the substances or possess the characteris- tics enumerated in Subsection D of this section and which in the judgment of the Director of Public Works may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or consti- tute a public nuisance, the Director of Public Works 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 added costs of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection J of this section. When considering the above alternatives, the Director of Public Works shall give consideration to the 'economic impact of each alternative on the discharger. If the Director of Public Works 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 Director of Public Works. F. Grease, oil, and sand interceptors shall be pro- vided when, in the opinion of the Director of Public Works, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as -8- • specified in Subsection D, 3, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director of Public Works, and shall be located as to be readily accessible for cleaning and inspection. In the main- taining 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 Director of Public Works. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms. G. Where pretreatment or flow-equalizing facili- ties are provided or required for any waters or wastes, they shall be maintained continuously in satisfadtory and effective operation by the owner at his expense. H. When required by the Director of Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suit- able structure together with such necessary meters and other appurtenances in the building sewer to facili- tate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director of Public Works. The structure 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. I. The Director of Public Works may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include: 1. Wastewaters discharge peak rate and volume over a specified time period. 2. Chemical analyses of wastewaters. • 3. Information on raw materials, processes, and products affecting wastewater volume and quality. 411 4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control. 5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location. -9- 6. Details of wastewater pretreatment facili- ties. 7. Details of systems to prevent and control • the losses of materials through spills to the municipal sewer. J. 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. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Director of Public Works. K. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City of Yakima and any indus- trial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment. 7.62.060 Unlawful conduct. It shall be unlawful for any person to maliciously, willfully, or negligently • break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. 7.62.070 Powers and authorit of ins.ectors. A. The administrative authority and other duly authorized employees of the City bearing proper creden- tials and identification shall be permitted to enter all properties for the purposes of inspection, observa- tion, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this chapter. B. The Director of Public Works or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. • C. While performing the necessary work on private proper- ties referred to in Subsection A of this section, the adminis- trative authority or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims -10- and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Subsection 7.62.050 H of this chapter. D. 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 waste- water facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated ease- ment pertaining to the private property involved. 7.62.080 Board of Appeals. In order to determine the suitability of alternate materials and methods of construc- tion and to provide for reasonable interpretations of the provisions of this chapter, the Plumbing Board orAppeals of the City of Yakima shall exercise its authority to con- duct such hearings and make such determinations concerning the provisions of this chapter as that Board may exercise concerning the provisions of the Uniform Plumbing Code of the City of Yakima. 7.62.090 Penalties. 41 A. Any person found to be violating any provision of this chapter, except Section 7.62.060, shall be served by the City with written notice stating the nature of the viola- tion and providing a reasonable time limit for the satisfac- tory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all viola- tions. Any person who shall continue any violation beyond the time limit specified in such notice shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $250.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. B. Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such viola- tion. • C. Any person convicted of violating Section 7.62.060 of this chapter shall be fined in an amount not exceeding $250.00. 110 7.62.090 Effect of partial invalidity. The invalidity of any section, clause, sentence, or provision of this chap- ter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts." • -11 • Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. Alw PASSED BY THE CITY COUNCIL, signed and approved this LA day of Sept, , 1977. 1 ' &ThD247V Mayor ATTEST: — mid— i ty Clerk -12-