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En
Ord - No 717
�t�", •s ,sem t, � .
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS
AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF
BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC
SEWER SYSTEMS: AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF: IN THE
CITY OF � si' , COUNTY OF - /1 - ;,, STATE OF eZZZL&-'
BE it ordained and enacted by the Council of the City of
-," //Z State of as follows:
ARTICLE I
Unless the context specifically indicates otherwise, the
meaning of the terms used in this ordinance shall be as follows:
Sec. 1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantit3
of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days at 200 C, expressed in
milligrams per liter.
Sec. 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 (1.5meters)
outside the inner face of the building wall.
Sec. 3. "Building Sewer" shall mean the extension from the building
drain to the public sewer or other place of disposal.
Sec. 4. "Combined Sewer" shall mean receiving both surface run off
and sewage.
Sec. 5. "Garbage" shall mean solid wastes from the domestic and
commercial preparation, cooking and dispensing of food, and from the
handling, storage, and sale of produce.
Sec. 6. "Industrial Wastes" shall mean the liquid wastes from industrial
manufacturing processes, trade, or business as distinct from sanitary
sewage.
Sec. 7. "Natural Outlet" shall mean any outlet into a watercourse,
pond, ditch, lake, or other body of surface or ground water. ,
Sec. 8. "Person" shall mean any individual, firm, company, association,
society, corporation or group.
Sec. 9. "PH" shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
Sec. 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 (2) inch (1.27 centimeters) in any dimension.
Sec. 11. "Public Sewer" shall mean a sewer in which all owners of
abutting properties have equal rights, and is controlled by public
authority.
Sec. 12. "Sanitary Sewer" shall mean a sewer which carries sewage and
to which storm, surface, and groundwaters are not intentionally admitted.
Sec. 13. "Sewage" shall mean a combination of the water -carried wastes
from residences, business buildings, institutions, and industrial es-
tablishr4onts, together with such ground, surface, and stormwaters as may
be present. - more -
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PAGE TWO (2)
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Sec. 14. "Sewage Treatment Plant" shall mean any arrangement of
devices and structures used for treating sewage.
Sec. 15. "Sewage Works" shall mean all facilities for collecting,
pumping, treating, and disposing of sewage.
Sec. 16. "Sewer" shall mean a pipe or conduit for carrying sewage.
Sec. 17. "Shall" is mandatory; "May" is permissive.
Sec. 18. "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.
Sec. 19. "Storm-==zz-0rain" (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.
Sec. 20. "Superintendent" shall mean the Superintendent of Sewage
Works and/ or of water Pollution Control of the City of 'Bq,7, 6—:—> ": 31
or his authorized agent, deputy, or representative.
Sec. 21. "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.
Sec. 22. "Watercourse" shall mean a channel in which a flow of water
occurs, either.continuously or intermittently.
ARTICLE II
Use of Public Sewers Required
Sec. 1. 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 of'� "�,��f�" oa or in any area under
the jurisdiction of said r. any human or animal excrement,
garbage, or other objectionablW waste.
Sec. 2., It shall be unlawful to discharge to any natural outlet within
the r 4, of " �!y
.�,,?�C��. or in any area under the jurisdiction
of said �,' any sewage or other polluted waters, except where
suitabel treatment has been provided in accordance with subsequent
provisions of this ordinance.
Sec. 3. 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 dispel of sewage.
Sec. 4. The owner of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purposes, situated
within the and abutting on any street, alley, or right-of-way
in which Cher 'is now located or may in .the future be located a public
sanitary or combined sewer of the li_, is hereby required at
his expense to install suitable toilet;/iacilities therein, and to
connect such facilities directly with the proper public sewer in, ,
accordance with the provisions of this ordinance, within said
after date of official notice to do so, provided that said public
sewer is within 9 CSO feet of the property line.
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PAGE THREE
ARTICLE III
Private Sewage Disposal
0
Sec. 1. Where a public sanitary or combined sewer is not available
under the provisions of Article 11, Section 4, the building sewer shall
be connected to a private sewage disposal system complying with the
provisions of this article.
Sec. 2. Before commencement of construction of private sewage disposal
system the owner shall first obtain a written permit signed by the
The application for such permit shall be made
on form furnished by therrx�.,. which the applicant shall
supplement by any plans, specifications, and other information as are
deemed necesszry by the / A permit and inspection
fee of %`. a:C i dollars shall be -paid to the 6_.__ at the time the
application is filed.
Sec. 3. A permit for a private sewage disposal system shall not become
effective.until the installation is completed to the satisfaction of
the .,,►,�:;7 :'� , He shall be allowed to inspect the work at any stage
of conseruction and in any event, the applicant for the permit shall
notify the �-j, when the work is ready for final inspection
and before any nderground portions are covered. The inspection shall
be made within hours of the receipt of notice by the w�,
Sec. 4. The type, capacities, location, and layout of a private sewage
disposal system shall comply with all recommendations of the Department
„ of Public Health of the State of Arkansas. No permit shall be issued
for any private sewage disposal system employing subsurface soil
absorption facilities where the area of the lot is less than �i}�c7
square feet (square meters). No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
Sec. 5. At such time as a public sewer becomes available to a property
served by a private sewage disposal system, as provided in Article III,
Sec. 4, a direct connection shall be made to the public sewer in
compliance with this ordinance, and any septic tanks, cesspools, and
similar private sewage disposal facilities shall be abandoned and filled
with suitable material.
Sec. 6. The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
c
Sec. 7. No statement contained in this article shall be construed to
interfere with any additional requirements that may be imposed by/
the Health Officer.
Sec. 8. When a public sewer becomes available, the building sewer a
shall be connected to said sewer within sixty days and the private sewagE
disposal system shall be cleaned of sludge and filled with clean bank -
run gravel or dirt.
ARTICLE IV
Building Sewers and Connections
Sec. 1. No unauthorized person shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from
the inspector.
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PAGE FOUR
Sec. 2. 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 The permit application ashall be supplemented by any
plans, specifications or other information considered pertinent in
the judgement of the�.2�,D��(' A permit and inspection fee of
$9,&Idollars for a residential building sewer permit shall be paid
0.
to the at the time the application is filed.
Sec. 3. All costs and expense incident to the installation and a
connection of the building sewer shall be borne by the owner. The
owner shall indemnify the _,��. from any loss of damage that
may directly or indirectly be a4casioned by the installation of the
building sewer.
Sec. 4. 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 building sewer from the front building may be extended
to the rear building and the whole considered as one building 0 sewer.
Sect. 5. Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by the
(Superintendent), to meet all requirements of this ordinance.
Sec. 6. The size, slope, alignment, materials of construction of a
building sewer, and the methods to be used in excavating, placing of
the pipe, jointing, testing, and....- backfilling the trench, shall
all conform to the requirements of the building and pluming code or
other applicable rules and regulations of the (city). In the absence
of code provisions or in amplification thereof, the materials and
procedures set forth in appropriate specifications of the A.S.T.M. and
W.P.C.F. Manual of Practice No. 9 shall apply.
Sec. 7. 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 ;w..
lifted by an approved means and discharged to the building sewer.
Sec. 8. No person shall make connection of roof downspouts, exterior
foundation drains, areaway drains, or other sources of surface runoff
or goundwater to a building sewer or building drain which in turn is
connected directly or indirectlyto a public sanitary sewer.
Sec. 9. The connection of the building sewer into the public sewer
shall conform to the requirements of the building and plumbing code
or other applicable rules and regulations of the (city), or the
procedures C set forth in appropriate specifications of the A.S.T.M.
and the W.P.C.F. Manual of Practice No. 9. All such connections shall
be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the (Superintendent) before
installation.
Sec. 10. The applicant for the building sewer permit shall notify the
(Superintendent) when the building sewer is ready for inspection and
connection to the public sewer. The connection shall be made under
the supervision of the (superintendent) or his representative,
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PAGE FIVE
Sec. 11. 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).
ARTICLE V
Use of the Public Sewers
Sec. 1. No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface dranage,
uncontaminated cooling water, or unpolluted industrial process waters
to any sanitary sewer.
Sec. 2. Stormwater and all other unpolluted drainage shall be discharg
to such sewers as are specifically designated as combined sewers or
storm sewers or to a natural outlet approved by the (superintendent).
Industrial cooling water or unpolluted process waters may be discharged,
on approval of the (superintendent), to a storm sewer, combined sewer,
or natural outlet.
Sec. 3. No person shall discharge or cause to be discharged any of
the following described waters or wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid, or gas.
(b) Any waters or wastes containing toxic or poisonous solids,
liquids, or gases in sufficient quantity, either singly or by interactio:
with other wastes, to injure or interfere with any sewer treatment
process, constitute a hazard to humans or animals, create a public
nuisance, or create any hazard in the receiving waters of the sewage
treatment plant, including but no limited to cyanides in excess of two
(2) mg/l as CN in the wastes as discharged to the public sewer.
(c) Any waters or wastes having a pH lower than 2,1i or having any
other corrosive property capable of causing damage or hazard to structurE
equipment, and personnel of the sewage works.
(d) Solid or viscous substances in Santities 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, rage,
feathers, tar, plastics, wood, unground garhage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc. either whole or ground by garbage grinders.
Sec. 4. 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,r,r_ 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 J.� will give
consideration to such factors as the quantities oZ subject wasts in
relation'to flows and velocities in the sewers, materials of construction
of 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 +►substance pro-
hibited are:
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PAGE SIX
(A) Any liquid or vapor having a temperature higher than one
hundred and fifty (150) of (650C),
(B) Any water or wastes containing fats, wad(, greese, or oils,
whether emulsified or not, in excess of one hundred (100) mg/l
or containing substances which may solidfy or become viscous at
temperatures between thirty-two (32) and one hundred fifty (150)
of (0 and 650C)
(C) Any garbage that has not been properly shreeded. The installa-
tion and operation of any garbage grinder equipped with a motor of
three-fourths (3/4) horsepower (0.76 hp metrics or greater shall be
subject to the review and approval of the
(D) Any waters or wastes containing strong acid, iron pickling
wastes, or concentrated plating solutions whether neutralized or
not.
(E) Any waters or wastes containing iron, chromium, copper, zinc,
and similar objectionable or toxic substances; or wastes exerting
an excessive chlorine requirement, to such degree that any such
material received in the composite sewage at the sewage treatment
'..works exceeds the limits established by the
icor such materials.
(F) Any waters or wastes
producing substances, in
may be established by the
the composite sewage, to
or other public agencies
receiving waters.
1/
containing phenols or other taste -or odor
such concentrations exceeding limits which
N N U, as necessary, after treatment of
meet ty'e requirements of the State, Federal,
of jurisdiction for such discharge to the
(G) Any radioactive wastes or isotopes of such half-life or,
concentration as may exceed limits established by the in
compliance with applicable State or Federal regulations.
(H) Any waters or wastes having a pH in excess of ? e
(I) Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as,
i:;;a but not limited to, Fullers earth, lime slurries, and lime
residues) or of dissolved solids (such as, but not limited to,
sodium chloride and sodium sulfate).
(2) Excessive discoloration (such as, but not limited to, dye
wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements
in such quantities as to constitute a significant load on the
sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
PAGE NINE (continued)J
Sec. 5. 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 4 of this Article,
and which in the judgment of the N_.. may have a deleterious
effect upon the w sewage works, processes,, equipment, or receiving
waters, or which otherwise create a hazard to life or constitute a
public nuisance, the 0,i7 may:
(a) Reject the wastes,
(b) Require pretreatemnt to an acceptable condition for discharge
to the public sewers,
(c) Require control over the quantities and rates of discharge,
and or
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PAGE SEVEN
(d) Require payment to cover the
treating the wastes not covered by
under the provisions of Section 10
Lon
added cost of handling and
existing taxes or sewer charges
of this article.
If the permits the pretreatment or equalization of waste
flows, the gesign and installation of the plants and equipment shall
be subject to the review and approval of the �a_,f and
subject to the requirements of all applicable co"9, ordinances and
laws.
Section 6. Grease, oil, and sand interceptors shall be provided when,
in the opinion of the (��,:���,, 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 ,, all not be required for private living quarters or
dwelling units. All interceptors shall be of a type and capacity app-
roved by the ����; �•. _.,'yi'_e and shall be located as to be readily
a -,-,d easily acces,�,.ble for cleaning and inspection.
Sec. 7. Where preliminary treatment of 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.
Sec. 8. When required by the _7;!I_ a, , the owner of any property
serviced by a building sewer carry'"g 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?;%, and _..'7_:. The manhole shall
be installed by him so as to beasafe and accessible at all times.
Sec. 9. 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 Healtth Association, and shall be determined at the control man-
hole provided, or upon suitable samples taken at said control manholes.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to re-
flect the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb, and property. (The particular
analyses involved will determine whether a twenty-four (24) hour composit
of all out falls of a premise is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, BOD and supended
solids analyses are obtained from 24 hr composites of all outfalls
whereas pH's are determined from periodic grab samples.
Sec. 10. No statement contained in this article shall be construed as
preventing any special agreement or arrangement between the and "
any industrial concern whereby an industrial waste of unusual sLrength
or character may be accepted by the /76`"1,1_ for treatment, subject to
payment therefore, by the industrial concern.
ARTICLE VI
Protection from Damage
Sec. 1. No unauthorized person shall maliciously, willfully, or ne-
gently break, damage, destroy, uncover, deface, or tamper with any
structure, appurtenance, or equipment which is a part of the sewage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
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PAGE EIGHT
ARTICLE VII
Powers and Authority of Inspectors
Sec. .1. The ,�.;r,;z...�c�' and other duly authorized employees of the
_L-•_ bearing proper credentials and indentification shall be
permit' d to enter all properlties for the purpose of inspection, ob-
servation, measurement, sampling, and testing in accordance with the
provisions of this ordianance. The (Superintendent) or his represen-
tatives shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper or othe r in-
dustries beyond that point having a direct bearing on the kind and
source of discharge to the sewers or waterways or facilities for waste
treatment.
Sec. 2. While performing the necessary work on private properties re-
ferred to in Article VII, Section 1 above, the (Superintendent) or
dully 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) employees and against liability clams 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 Article V, Section 8.
Sec. 3. The (Superintendent) and other duly authorized employees
of the (city bearing proper credentials and indentifications 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, in-
spection, observation; measurement, sampling, repair, and maintenance
of any portion of the sewage works 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.
ARTICLE VIII
Penalties
Sec. 1. Any person found to be violating any provision of this
ordinance except Article VI shall be served by the (city) with written
notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease all
violations.
Sec. 2. Any person who shall continue any violation beyond the time
limit provided for in Article VIII, Sec. 1, shall be guilty of a
misdemeanor, and on conviction thereof shall be find in the amount not
exceeding ($ 5n 9f) dollars for each violation. Each day in which any
such violation shall continue shall be deemed a separate offense.
Sec. 3. 'Any person violating any of the provisions of this ordinance'
shall become liable to the (city) for any expense, loss, or damage
occasioned the (city) by reason of such violation.
REGULATION OF SEWER USE
ARTICLE IX
Validity
Sec. 1. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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PAGE NINE
Sec. 2. The invalidity of any section, clause, sentence, or provision
of this ordinance shall not affect the validity of any other part of
this ordinance which can be given effect without such invalid part iz2 or
parts.
ARTICLE X
Ordinance in Force
Sec. 1. This ordinance shall be in full force and effect from and
after its passage, approval, recording, and publication as provided
by law.
Sec,. 2.
Passed
l
and adopted by the
State of ��'
� . 19 -,,�",
(Council) of the
z on the
by the following
(City) of
/�zG
vote.^
day of
L/.�
Ayes
Nays
Approved this C.L
Signed
Signed
namely,
namely
day of
.-,\, , ,/,,
(Mayor)
(Clerk)
PAGE SIX
* (J) Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed,
or are amenable to treatment only to such degree that the sewage treat-
ment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.