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Chapter 80 – Sanitary Sewer






6-80-1              Definitions
6-80-2              Unlawful Disposal
6-80-3              Unlawful Discharge to Natural Outlet
6-80-4              Unlawful Construction
6-80-5              Required Connection
6-80-6              Private Sewage Disposal Systems
6-80-7              Operation of Private Sewage System
6-80-8              Private to Public Hook-up
6-80-9              Permit Required -Requisites of Applications
6-80-10            Plans Approved
6-80-11            Connection by Those Not Assessed
6-80-12            Materials Required
6-80-13            Main Soil Pipe
6-80-14            Vertical Soil Pipe
6-80-15            Pipes Outside Building
6-80-16            Other Requirements
6-80-17            Uniform Grade
6-80-18            Inspection and Approval
6-80-19            Traps Required
6-80-20            Traps – Where Placed
6-80-21            Overflow Pipes
6-80-22            Water Closets
6-80-23            Ventilation of Water Closets
6-80-24            Rain Water Conductors
6-80-25            Other Appliances
6-80-26            Drainage of Cellars
6-80-27            Back Pressure Value
6-80-28            Wooden Wash Trays & Sinks
6-80-29            Plumber’s License
6-80-30            Penalty
6-80-31            Applications for Issuance of Plumber’s License
6-80-32            Bond of Plumber
6-80-33            Licensed & Bonded Plumbers Only To Work on City Mains & Right-of-Ways
6-80-34            Fines & Forfeitures – Disposition Of
6-80-35            Storm Water Discharge
6-80-36            Prohibited Discharge of Waters/Waste
6-80-37            Prohibited Discharge of Materials
6-80-38            Action for Discharge of Prohibited Waters/Waste
6-80-39            Grease Interceptors
6-80-40            Maintenance of Pretreatment Facilities
6-80-41            Control Manholes
6-80-42            Testing at Control Manholes
6-80-43            Special Agreement for Industrial Waste
6-80-44            Damage to Waste Facilities
6-80-45            Right of Entry for Inspection
6-80-46            Observance of Safety Rules on Private Property
6-80-47            Entry on Easement
6-80-48            Service of Notice for Violations
6-80-49            Penalty for Violations
6-80-50            General
6-80-51            Service Charge Rates
6-80-52            Service Charge Adjustments
6-80-53            Private Water System
6-80-54            Manner of Payment


SECTION 6-80-1                  DEFINITIONS.  Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows

1.)   BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days of 20 degrees C., expressed in milligrams per liter.

 2.)   Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

 3.)   Building sewer shall mean the extension from the building drain to the public sewer   or other place of disposal.

 4.)   Combined sewer shall mean a sewer receiving both surface runoff and sewage.

 5.)   Garbage shall mean solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

 6.)   Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

7.)   Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

8.)   Person shall mean any individual, firm, company, association, society, corporation, or group.

9.)   pH shall mean the logarithm of the reciprocal of the weight of hydrogen ion in grams per liter of solution.

10.)  Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1.5) inch (1.27 centimeters) in any dimension.

11.)  Public sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

12.)  Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

13.)  Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

14.)  Water pollution control facilities shall mean all the facilities for collecting, conveying, pumping, treating and disposing of sewage.

15.)  Sewer shall mean a pipe or conduit for carrying sewage.

16.)  Shall is mandatory; May is permissive.

17.)  Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

18.)  Storm drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

19.)  Superintendent shall mean the Superintendent of Waste Water Facilities of the City of Belle Plaine or his authorized deputy, agent, or representative.

20.)   Suspended solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

21.)   Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

22.)   Useful life mean the estimated period during which a treatment works will be operated.

23.)   User charge shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the water pollution control facilities.

24.)   Operation and maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed.

25.)   Replacement shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operation and maintenance includes replacement.

SECTION 6-80-2                  UNLAWFUL DISPOSAL. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Belle Plaine or in any area under the jurisdiction of the City any human or animal excrement, garbage, or other objectionable waste.

SECTION 6-80-3                  UNLAWFUL DISCHARGE TO NATURAL OUTLET. It shall be unlawful to discharge to any natural outlet within the City of Belle Plaine or in any area under the jurisdiction of said City any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

SECTION 6-80-4                  UNLAWFUL CONSTRUCTION. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

SECTION 6-80-5                  REQUIRED CONNECTION. The owners of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose situated within the City which are abutting or within 100 feet of any street, alley, or right-of-way in which a public sanitary sewer is now located, or may in the future be located, are hereby required at their own expense to install toilet facilities therein and to connect such facilities directly to the sanitary sewer in accordance with the provisions of this ordinance within 90 days after date of official notice to do so, and shall pay to the City a wastewater service charge hereinafter described. The proceeds from said wastewater service charges shall be used by the Mayor and Council to defray costs incurred in the management of the affairs of the City as authorized under Chapter 384.84, Code of Iowa

SECTION 6-80-6                  PRIVATE SEWAGE DISPOSAL SYSTEMS. Where a public sanitary sewer is not available under the provisions of Section 6-53-5, a building sewer shall be connected to a private sewage disposal system complying with the Rules and Regulations Governing Private Sewage Disposal Systems of the Benton County Board of Health.

SECTION 6-80-7                  OPERATION OF PRIVATE SEWAGE SYSTEM.  The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all items at no expense to the City.

SECTION 6-80-8                  PRIVATE TO PUBLIC HOOK-UP. At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in conformance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material as directed by the Superintendent.

SECTION 6-80-9                  PERMIT REQUIRED – REQUISITES OF APPLICATIONS.  Before any person or corporation can make connection with any sanitary sewers, laid and constructed in the City of Belle Plaine, the said person or corporation must first make application to the City Clerk, and said applicant must set forth all the uses that the said applicant must set forth all the uses that the said applicant intends to make of said sewer, also the number of lot and block. Said applications shall be accompanied by specifications describing the drainage of building on blanks prescribed and furnished for this purpose, showing the size and kind of pipe, the traps, closets, fixtures, and other appliances to be used, the same to be placed on file in the office of the City Clerk, and to be furnished by the owner or the authorized agent of said owner. If the application for the sewer indicates that the granting of the privilege requested will not be a violation in any way of the sanitary rules and ordinance of said City, the Clerk will issue a permit for making said sewer connections, and such permit shall be in the name of the owner of the lot or lots.

SECTION 6-80-10                PLANS APPROVED.  Plans will be approved or rejected within twenty-four hours when practicable, and under no circumstances will a delay of ten days be permitted. Any damages to city streets, alleys or other public ways have to be repaired within 30 days of completion or work of as prescribed by the Director of Public Works.

SECTION 6-80-11                CONNECTION BY THOSE NOT ASSESSED.  When the owner of any lot or parcels of ground which has not been assessed, or which has not contributed directly to the construction of the sanitary sewer, desires to connect with said sanitary sewer, he may be required to do so by ordinance.

SECTION 6-80-12                MATERIALS REQUIRED.  All materials used shall be of the best quality and free from defects, and work must be executed in a thorough and workmanlike manner, and shall be approved by the City Council or the representative of said Council.

SECTION 6-80-13                MAIN SOIL PIPE. The main soil pipe under the building shall not be less than four inches in diameter and the fall shall not be less than one-fourth of an inch to the foot; unless by special provision by the Superintendent, it shall be laid in a drainage cut at a uniform grade, or it may be constructed along the foundation walls above the cellar floor properly supported. No test shall be made by the inspector until said pipes are secured to the satisfaction of the inspector.

SECTION 6-80-14                VERTICAL SOIL PIPE.  Every vertical soil pipe shall extend not less than one foot above the roof of the building in which same is located, and said pipe shall be of the same diameter throughout its entire length, and the outlet thereof shall be uncovered. Such soil pipe shall not open near a window or an air shaft, and in no case shall a smaller pipe than four inches be allowed to project through the roof for ventilation.

SECTION 6-80-15                PIPES OUTSIDE BUILDING.  The main drain of every house or building shall be separately and independently connected with the street sewer, where one is provided, and when there is no sewer, and it is necessary to construct a private sewer to connect with one on an adjacent street or alley, such plans may be used as may be approved by the Superintendent. All house drains from a point three feet outside of foundation walls shall be of cast iron pipe or plastic with well caulked joints all of the same size, approved by the Superintendent. 

SECTION 6-80-16                OTHER REQUIREMENTS.  All ditches must be made in an open cut from the house or building to the street or alley, except where cement sidewalk or curbing is laid. The pipes must be of the best quality of sale, glazed, vitrified sewer pipe with the bell and socket joints; all joints must be connected and laid with Portland cement mortar, one part cement and two parts of clean, sharp sand; the joints must be carefully wiped and jointed and the pipe kept smooth and clean throughout.

SECTION 6-80-17                UNIFORM GRADE.  All pipes must be laid on a uniform grade from point of beginning to the main sanitary sewer in the street and in no case shall the grade be less than one in one hundred; lateral bends will not be allowed in sewer connections. All pipes must be laid in perfect line, placed to uniform grade from point of beginning to main sewer. No person except a licensed plumber will be permitted to make any sewer connections.

SECTION 6-80-18                INSPECTION AND APPROVAL.  Drainage work shall be examined and approved by the Superintendent, and such approval shall be in writing and shall be made when the work is sufficiently advanced for such inspection. The failure of any plumber or drain layer to make such application for inspection or the violation of any of the rules herein defined in the construction of any drainage work, and failure to correct the fault after notice has been given, shall be deemed sufficient caused for placing the name of such plumber of drain layer upon the delinquent list and the forfeiture of his license to engage in work of this character within the City. Any attempt on the part of any plumber or drain layer to construct or alter a system of drainage during the time that his name appears on said delinquent list will be considered a misdemeanor, and upon conviction thereof the guilty party shall be punished accordingly.  

SECTION 6-80-19                TRAPS REQUIRED. Every water closet, sink basin, wash tray, bath and every tub or set of tubs, shall be separately and effectively trapped. All bath tubs shall be trapped with drum traps.

SECTION 6-80-20                TRAPS – WHERE PLACED. The traps must in each instance be placed as near the fixtures as practicable, all waste pipes shall be provided with strong metal strainers, all drains and hydrants shall be trapped in a manner accessible for cleaning.

SECTION 6-80-21                OVERFLOW PIPES.  The overflow pipes from tanks, and the waste pipes from refrigerators, shall discharge into an open fixture properly trapped.

SECTION 6-80-22                WATER CLOSETS.  All water closets within buildings shall be supplied with water from special tanks, which shall not be less than eight gallons of water when the water contained in such tank is at the level of the overflow pipe for each closet supplied except automatic or siphon tanks, which shall hold not less than five gallons of water for each supplied; the flushing pipes of all tanks shall not be less than ½ inches in diameter.

SECTION 6-80-23                VENTILATION OF WATER CLOSETS.  No water closet shall be permitted to be put in any building unless it shall have been properly ventilated or has direct communication with the external air by window or air shaft, having an area of open air of at least four square feet.

SECTION 6-80-24                RAIN WATER CONDUCTORS.  Rain water conductors shall be discharged on the surface of the ground or on the street or alley gutter, and when necessary to connect to the sewer the owner shall first procure a special permit from the City Council.

SECTION 6-80-25                OTHER APPLIANCES.  No steam exhaust blow-off, or drip pipe shall connect with sewer or house drains, soil or waste pipe. Such pipe shall be discharged into a tank or condenser from which a suitable outlet into house drain shall be provided.

SECTION 6-80-26                DRAINAGE OF CELLARS.  No opening will be permitted in the drain pipe of any building for the purpose of draining a cellar, unless by special permission of the Superintendent.

SECTION 6-80-27                BAK PRESSURE VALVE.  Cellar drains shall be constructed as the outlet pipe shall be provided with a back pressure valve or stop-cock of the required size.

SECTION 6-80-28                WOODEN WASH TRAYS AND SINKS.  Wood wash trays and sinks are prohibited inside any building. When such wash trays or sinks are constructed, they shall be of some non-absorbent material such as will comply with the sanitary laws of the State of Iowa.

SECTION 6-80-29                PLUMBER’S LICENSE.  All licensed plumbers shall be held responsible for all acts of their agents or employees done by virtue of his license. No license shall be granted for a greater period of time than one year or the unexpired portion thereof. All licenses shall expire on the first day of April in each year, unless sooner revoked by the City Council.

SECTION 6-80-30                PENALTY. Any plumber or person who shall be guilty of a violation of any of the provisions of this ordinance shall forfeit his license and upon conviction shall be found guilty of a misdemeanor.

SECTION 6-80-31                APPLICATIONS FOR ISSUANCE OF PLUMBER’S LICENSE.  Any person desiring to obtain a plumber’s license shall complete and file the City Clerk’s application for such license and upon satisfactory proof to the Clerk that the applicant is a bonafide plumber who has not had a plumber’s license revoked and upon payment of a fee of $6.00 a license shall issue indicating that the applicant is a licensed plumber but not bonded; any eligible applicant in addition to meeting the above requirements and upon providing a license and permit bond in the sum of $10,000.00 to the City of Belle Plaine, Iowa, may obtain a plumber’s license indicating that the applicant is a licensed and bonded plumber. The license fee shall not be prorated if issued for the fractional part of a year, and no refund shall be payable if a license is surrendered or terminated before its expiration date.

SECTION 6-80-32                BOND OF PLUMBER.  Any license and permit bond posted under the provision of this ordinance shall be with one or more sureties to be approved by the City Council and conditioned on the faithful performance of all duties required by this ordinance and the rules and regulations of the City of Belle Plaine and for payment to the City of all damage sustained by reason of neglect or incompetence.

SECTION 6-80-33                LICENSED AND BONDED PLUMBERS ONLY TO WORK ON CITY MAINS AND RIGHT-OF-WAYS. No person except one holding a plumber’s license with a bond as provided above shall be permitted to make any connection with the sanitary sewer system in the City of Belle Plaine or to make any excavation, repair, construction, or reconstruction of sewer pipes, public or private, located within any public right-of-way within the corporate limits of the City of Belle Plaine.

SECTION 6-80-34                FINES AND FORFEITURES – DISPOSITION OF.  All fees, fines and forfeitures collected under the provisions hereof, shall be paid into the sewer fund.

SECTION 6-80-35                STORM WATER DISCHARGE No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

SECTION 6-80-36                STORM WATER DISCHARGE APPROVAL. Water and all other unpolluted drainage shall be discharged to such sewers as are specifically 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.

SECTION 6-80-37                PROHIBITED DISCHARGE OF WATER/WASTE..  No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1.)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

2.)   Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

3.)   Any water 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  Water Pollution Control Facilities.

4.)   Solids 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 sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

SECTION 6-80-38                PROHIBITED DISCHARGE OF MATERIALS. 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 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, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors, the substances prohibited are:

1.)   Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F. (0 to 65 degrees C.).

2.)   Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/t or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F. (0 to 65 degrees C.).

3.)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (09.76 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, similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewer at the sewage treatment works exceed the limits established by the Superintendent for such materials.

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 State, Federal, or other public agencies of jurisdiction for such discharge to the receiving water.

7.)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

8.)   Any waters or wastes having a pH in excess of 9.5.

9.)   Materials which exert or cause:

            a.)   Unusual concentration of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

            b.)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

            c.)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

            d.)   Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

10.)   Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

11.)   Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

SECTION 6-80-39                ACTION FOR DISCHARGE OF PROHIBITED WATERS/WASTE. 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 Section 6-54-37 or 38, and which in the judgment of the Superintendent, may have a deleterious effect upon the water pollution control facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life to 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 treatment of the wastes not covered by existing taxes or wastewater service charges under the provisions of  Section 6-54-51 thru Section 6-54-56.

If the City permits the pretreatment or equalization of waste flows, the design and installation of the facilities shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.

SECTION 6-80-40                GREASE INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of 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; 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 Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

SECTION 6-80-41                MAINTENANCE OF PRE-TREATMENT 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.

SECTION 6-80-42                CONTROL MANHOLES. 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 manhole, when required shall be accessibly and safely located and 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.

SECTION 6-80-43                TESTING AT CONTROL MANHOLES. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the water pollution control facilities and to determine the existence of hazards of life, limb, and property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples.

SECTION 6-80-44                SPECIAL AGREEMENT FOR INDUSTRIAL WASTE.  No statement contained in this ordinance shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.

SECTION 6-80-45               DAMAGE TO WASTE FACILITES.. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the water pollution control facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

SECTION 6-80-46                RIGHT OF ENTRY FOR INSPECTION. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The 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.

SECTION 6-80-47                OBSERVANCE OF SAFETY RULES ON PRIVATE PROPERTY. While performing the necessary work on private properties referred to in Section 6-54-46 above, the Superintendent 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’s employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in

SECTION 6-80-48                ENTRY ON EASEMENT,  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, measurements, sample, repair, and maintenance of any portion of the water pollution control 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 easement pertaining to the private property involved.

SECTION 6-80-49                SERVICE OF NOTICE FOR VIOLATIONS. Any person found to be violating any provision of this ordinance except Section 6-54-45, shall be served by the Superintendent with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.

SECTION 6-80-50                PENALTY FOR VIOLATIONS. Any person who shall continue any violation beyond the time limit as may be provided for under Section 6-54-49 above of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00) or by imprisonment not exceeding thirty (30) days. Each day in which any such violation shall continue shall be deemed a separate offense.

SECTION 6-80-51                GENERAL.  The cost and expense of financing the construction, maintenance and the operation of the water pollution control facilities as can be so paid, shall be paid from funds accruing from the collection of wastewater service charges hereinafter stipulated. Every person whose premises are served by a connection to the sanitary sewer system of the City, either directly or indirectly, shall pay to the City a comprehensive wastewater service charge for the use of and for services supplied by the water pollution control facilities of the City.

SECTION 6-80-52                SERVICE CHARGE RATES.  The rates for comprehensive wastewater service charges shall be established by the Mayor and Council by resolution and shall consist of the following components rates:

1.)   Operation, Maintenance and Replacement Charges. The operation, maintenance and    replacement charges shall provide sufficient revenue to pay the cost of operation of the water pollution control plant and sewage pumping and to provide funds for replacement of major items of equipment. The operation and maintenance costs include salaries and fringe benefits, utility charges, chemicals, equipment repairs, maintenance and all other miscellaneous expenses resulting from the operation and maintenance of these facilities. Replacement of equipment shall be considered separate from the operation and maintenance.

That portion of the total wastewater service charge collected which is designated for operation and maintenance including replacement purposes as heretofore established shall be deposited in a separate non-lapsing fund known as the “Operation, Maintenance and Replacement Fund” and will be kept in two primary accounts as follows:

                   a.)   An account designated as “Operation and Maintenance Account” for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the water pollution control facilities.

                      b.)   An account designated as “Replacement Account” for the specific purpose of ensuring replacement needs over the useful life of the water pollution control facilities. Deposits in the replacement account shall be made at least annually from the operation, maintenance and replacement revenue in the amount of $16,000.00 per year.

 Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts.

2.)   Billing and Collection Charge. The costs incurred from billing, collection, and accounting of the wastewater service charges shall be shared evenly by all customers. This charge shall be a fixed fee of  $0.00 per billing period.

3.)   Sewer Maintenance and Replacement Charge. The costs for cleaning, repairing and replacement of the sanitary sewers throughout the system shall be shared evenly by all customers. This charge shall be a fixed fee of $0.00 per billing period.          

 4.)   Surcharge. From and after March 1, 1997, each user or customer of the Belle Plaine water or sanitary sewer system shall pay a monthly surcharge of $4.00 to be included in and             added to the monthly fee and statement for regular sewer service charges for operation, maintenance and replacement of the sanitary sewer.

 5.)   Dedication of Surcharge Proceeds. All proceeds from the surcharge imposed by this   section shall be applied first to amortization of all water and sewer revenue bonds, thereafter to replacement of capital improvement funds expended for water and sewer improvement projects and, thirdly, to a sinking fund to be established by the City Council for capital improvements for water and sewer systems.

SECTION 6-80-53                SERVICE CHARGE ADJUSTMENTS.  The City may change and readjust the aforementioned charges, rates, or rentals from time to time, where in the judgment of the Mayor and Council special conditions as to the use of water and the discharge of sewage into water pollution control facilities exist to the extent that the application of the basic charges provided for herein would be inequitable, and may from time to time fix and readjust such charges, rates, or rental for a particular classification and for unusual conditions and variations in the character and quantity of sewage, and industrial wastes as, in the discretion of the Superintendent, shall be deemed fair and equitable; and, in any event, such charges, rates, or rentals shall be reviewed not less  than biennially and adjusted, and maintained so as to be sufficient in each year for the payment of the proper and reasonable expense of operation, repair, replacements and maintenance of said facilities, for the payment of the requirements of a sinking fund to meet principal and interest and other charges for outstanding bonds issued to pay the cost of construction of said facilities, and to build up and maintain a requisite depreciation fund. Such adjustments may be made by resolution of the Mayor and Council published in the manner of an ordinance, the rate adjustments shall be automatically adjusted on July 1st of each year in accordance with the Consumer Price Index. Annually, in conjunction with the regular billing, the City shall notify each user of the component charges which comprise the wastewater service charge.

SECTION 6-80-54                PRIVATE WATER SYSTEM.  Users whose premises have private water systems shall play service charges in proportion to the water used as determined by either an estimate agreed to by the user or by metering the water system.

The rates shall be the same as provided in Section 6-53-51 and applied as if a water bill were to be paid. Said payments shall be made at the same time and place as provided in Section 6-53-55.

SECTION 6-80-55                MANNER OF PAYMENT.  The wastewater service charges shall be paid with the water bill at the time payment of the water bill is due and under the same conditions, beginning with the next payment after enactment of this ordinance or, if connection has not been made, after connection to the sewer system is made.

The wastewater service charge shall constitute a lien upon that property served by the sewer system and that amount shall be collected in the same manner as other taxes, if payment is not made when due.

Water, or sewer service, or both, to the property for which the service charge has not been paid may be suspended until that payment is made.

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