HomeMy WebLinkAboutS-60 Illegal Connections/Sewer WHEREAS, it has camo to t~o Carmd City Co'tmcil's att~on *ha_t_ several ilk-gal
connections arc mad~ to tho Cannel Scwor System;
WHEREAS, in order to promote the public he~Ith~ s~fcty, convenleoe% morals, and
geaxeral welfare, it ks determined that these illegal connections ne!xl to be t~i-_-_ted; and
WHEREAS, th~ Carmel City Council has determined it to be in the lest interest to adopt
an ordinance to prc~lud~ lhes~ ille4~al conneotions which causo the Carmel Ulility to treat effiueot
in ~/ao sewer ayatem wit~ ~ abl~ ~ pass tho costs on to lhos¢ who are illogally
conncctedand, the~fer~, are raising the rates oflhose who use th~ sv~ex systcra and are
NOW, THBREFORB, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CARMEL, ]lqDIANA, that the Carmel City Code, Chal~r 9, Article 6, b~ amended
bythelnelusi~mofChapterg, Artiele . e~dtledRemovalofDowaspou~ Dmi~, Sump
Pumps, and Illegal Connections to the Carmel Sewer Systera.
This Ordinanco amends Oniin~nce No. S40 Section 11.3.4 - Conneetlon of DovrazIxmts,
AN ORDIi~TANCE, fhc propose of wl~h is to adopt regulafloas and c,~tabiksh a program
fo~ the elimination of privat~ soelor infiltration and irfflow sources into the sanitary sower system;
providing I~nalfies ~or failure to eliminate said infiltration and inflow as v~ll as fim-mclal inemxtive;
the Common Council of the City of Carmel expressly finding th,at excessive ira"low and ixifillxatlon
of storm water from any source, privatc or public, into thc sankary scvvef system is a h~v4 to
thy hcalih, saf~y and wclfaro of thc citizenry ix~uSe such irdilWation and inflow overloads the
capacity of both szxfitay sewer llne~ and the wa_~ewater tream~ facility and m~y can.~ the
City ~o rio]aw federal and stale standards for wastcwaler lreahne~t.
SE(3TION I, D.I~FINITIONS. Tho (kefiaitions act foflhin this Scction shall be
applicable to this Oral-b,ce and shall not supersede, axamd or flier other codes or caactmem~
of the City of Carmel.
ACCESS. Entry into or upon auy re. al ~tat~ or smlcture including any par~ thereof.
ACCESSIBLE. Capable of being reached without excavation,
.ADM[NISTRATIOlq. The City of Carmd's Utility Dapartmont ks horeby designated as
tl~ department rc~poa~l~ for administering lhe provisions of~ Ordinance.
DOMESTIC WA~TEWATEIL Liqaid and watex home waste derived principally from
dwellings, business buildings, institutions and the like; free from industrial wastes, and of such
30'd ~L~ ~LL LI~ 'ON X~
character as to ixaxnit sanitary disposal v~thout spedal treatment into the publio sewer or by
meun~ of a private sewage disposal syst*m.
INFILTRATION. Water, as her~in defined, enmring the sanitary sewer system,
including privat~ sewer co~ons, fionl thc ground, through such means as, but not limR~xt
to, tlcfeffdvc plp~, pil~ jo~ts, connecfio~ orm~nhOlC walls, vn~Itration does sot include,
and is distinguished fror~ inflow.
ENFLOW. Wal~r di~a,xrged into the sanitary sewer sy~m,
neetions, from such means as, but sot limited to, roof downspouts or leaders; cellar, yar~
and area drains; sump pumps; foundation ~ains; deaaon~; cooling wa~r discharges; drains
from springs and ~waxnpy are~; manhole ~ov6~rs; cross conn~x~tiot~ f~om ~'torra
~ombined sew~-s; catch bas,as; storm waters; surface ruunl~,
drainage. Inflow ~ not inelud~ and is distinguished frora, infiltration.
..T~... A congainafion of infiltration and inilow wa~r mtor~$
an ov~rlonding oftI~ capaciu'cs ofth~ sanitary s~wor system.
INDUSTRIAL WASTES~. Liquid wastes from industrialproc~seg as distln~t from
LESSEE. A 10cr~m% firm or corporation having ~e responsibility,
written agrccra~nt with tl~ o-~r, to maintain, r~air or replace san~_.,y $~ I{ne~ slid/or
discharges which cause infiltration or infIow as herdn defin~cL
PERSQ~. Any individual, firm, partncmship, corpom~, e6'tate, governmgntal
agency, or any otlgr legal entity and/or fl~r legal representatives, agenIs, heirs,
sllCt, e~sors or
PERSOi~.OF Bi~LI~(} RECORD. Tim person who m~.ording to Carmol LMliti~s
hieing offic~ records has requested sower seavi~o and is thereby r~oasibl¢ for
those services on a mon~ly basis.
SANITARY sEWI~RSYSTEM. Allline. s, 'pilms, tanks, conduits, struCture, sot
other devices designed for'ds collection, mmsportafior~ storage, lreatmcnt or disi~sal
of sewage, whether owned by the City or oth~ ~rson~, and to which storm, surfaco, and
ground waters are not iatcntic~nlly actmitt~d.
.SCHEDULE QF.COMPLIA~cE. A schgdul¢ of reargdial mea. zarcs and times including
a~ ¢nt'orceabl¢ seqaone~ of softens or op~lioa~ leading to compliance with this Ordimmc~.
.S~WAGE. A combination ofdom~i0 orindustrial wastewatec which may inehide
chemical, hesse ~va.~to$, laundry wastes, human r,<z~a, animal or vegX~le matter in sus-
lmmion or solution, sad whioh is discharged from a dwelling, building, or oth~r structure and
permitted to en~ th~ sani~ s~ter systcra for the purpose of treatment ami disposal.
,I~ASTEWATER TREATMENT FACILITY. Th~ sysiem or ~iW for
SEC~ON 1. gR0~D C0~C~Q~S, No ~on sMll ~ ~
~ow ~ ~uM ~oa ofr~f d~pou~ ~ ~, i~ or ~fior ~on
s~ ya~ - - ........ ~ ...... : .............. ;;~::= _ der
~ ~ ~ pgor ~ ~r 9, 1959,
~ U~ D~ ~ person or ~a~ of billi~ r~ s~d pc~ or ~om ~
c~ for ~on.
of ~ p~I ~ r~ ~ ~or ~c~ for ~ p~s~ of d~-~E ~pli~ ~
Or~-,-~. ~ ~s~le, ap~s ~ b~ ~ ~ I~ ~ ~ (24) h~
~ ~ ~ a ~bl~ ho~.
rep~ ~ p~ i-~on ~r ~flow ~ ~ ~e s~ z~a ~. ~ order
~ b~ tach de~ sM~ ~ no ~, bc m~v ~ ~ (3) m~ a~ ~
· e oz~.
~o ~ Bo~d ~b~c Wo~ by ~ling a w~ r~t ~ ~e U~ Dep~,
fil~ of ~ch r~ae~ ~1 act ~ a ~y of ~ o~. ~ su~ h~g ~e ~d of
~iaa all LIa 'ON 2Y~
Works
~ on
~0~. A~A~O~SA~CE. ~oor~H~of~os~
~ of~ Gove~g B~ of ~cl, ~, to ~a~ ~d ~mpom~y ~ p~ly ~o~
jufis~on.
SE~ON 6. ~AN~ ~$I~T~, Fi~ ~si~ M ~e fo~ ora
p~ ~bun~t ~ou~
r~i~ ~d promp~ ~mply
out M
SEC~ON 7, C~D~ PROCED~_ (a) Up~ ~nu~ ~ ~ U~fi~s
~sc~
work or ~ ~o w~ ~v by a H~M pM~g or s~er ~or, ~ c~ ~1 be
~
work,
(c)
(d) A~r
p~¢s ~ ~ ~1~ ~ ~ Di~ ~r ~d ~ ~ work ~ d~ pr~rly.
~e ~sp~
~ on ~¢ pwp~, Cr~ ~ not be ~ ~q ~1 so~ ~e rmv~ pro~ly.
~t ~ ~r~ ofbfl~g re~d money s~ b~. %e c~t ra~ ~e ~ ~an~ ~d
~e ~¢ of~g a ~ce~onM pl~ber or~ ~ ~y do~ ~ work.
~e.cr~it ~o~ ~H be ~j'OBows:
Soorce Descr¥.~on M~imum Amount
1) D~ly ~ S~ S~p P~ $1 ~,00 ~r a~c s~cm~
~zh DiveRer V~ve
$15.001~ singlo residcnc~
3) Downspout O~ Leader $25.00 each
4) Cap/Repair Clean out $10.00 each
(f) In no case ~an the maximum credit amount exceed two
hundred dollars ($2oo) per structure or parcel of real estate
even though ~ere are a multitude of sources.
(g) Credit will be given on the monthly hill, with
subsequent credits given during each monthly billing until
the credit is depleted.
(h) Acceptance of credit shall constitute a oonse2at by
the name of the parson or persons, who received such credit
to a reinspactien of the premises by the Utilities Department
within five years following the date of compliance
verification. Such inspection will be done for the sole
purpose of verifying continued compliance with this Ordinance
a~d will be carried out as stated in sections two and three
of this ordinance.
(i) In the event that the home or building is not owned
by the person of billing record and in such a case is not
responsible for repairs or disconnections mentioned in this
Ordinance, the owner shall complete the work and euhmit a
claim for reimbursement by check to Carmel Utilities. Checks
will not be issued until compliance is verified.
(j) In the event that the person of billing record ~,
complies with the disconnect or repair notice in a timely
fashion but moves from the residence before racalving full
credit, a claim shall be submitted to Carmel Utilitiee for ~.
reimbursement by check. ~w~
SECTION 8. PENALTIES. Not withstanding any other +DO~]~
provision of this Ordinance, a person violating any of the
provisions of this Ordinance or obstructing its enforcement t°f~¢b~3~'n~/~/
shall be in Violation of the City Code and upon conviction ~l~0~s
thereof in Municipal Court, shall be fined an amount not to ~%W
exceed $2,500.00. In addition, the City may seek an
injunction from the Court to mandate compliance with this
ordinance.
SECTION 9. SERVABILITY. I~ any cause, sentence,
paragraph, sectibn Or subsection of this Ordinance shall be
adjudged invalid for any reason whatsoever by a court of
competent jurisdiction, such Judgment shall not affect,
repeal or invalidate the remainder thereof, but shall he
confined to the clause, sentence, paragraph, section Or
subsection thereof found to be invalid.
SECTION 10. DISCLAIMER OP LIABILITY. This Ordinance
shall not he construed or interpreted as imposing upon the
city of Carmel or its officials or employees (1) any
liability or responsibility for damages to any property~ or
(2) any representation or warranty that any syste~,
installation or portion thereof that is constructed or
repaired under orders and inspections required by this
Ordinance will function properly- ~n addition, neither the
City of Carmel nor any of it~ officials and employees cha~ged
with the enforcement of this O~dinance, if acting in g~od
faith and ~ithout malice in the discharge of their duties,
shall be personally liable for any damage
90 'd ~LES ~LL LiS 'ON ]{8.t SiHHAH NO(I~tO9 ~I:8 NO~ l~8-;~'~-Oq(]
tha~ rn~y occur *o p~tso~s or prop~ty as a remit of'pct~orraf~ or not p~rngag any ac~ required
by ~ Or~,
IO'd ~LES ELL LI8 'ON ~ ~A8 NOQ~09 8I:8 NO~ ~6-~I-0~(