HomeMy WebLinkAboutS-40 Sewer Use & Rates CITY OF CARMEL, INDIANA
Sewer Use and Rate Ordinance
Ordinance S-40
An Ordinance regulating the connection to and use of public
and private sewers and drains, the installation and connection
of building sewers, and the discharqe of waters and wastes
into the sewerage system of the City of Carmel, Indiana,
providing for the registration of and the metering of private
wells, providing penalties for violations thereof and other
matters pertaining thereto, providing for the establishing
of new sewer charges, surcharges and fees for the use and
service of the sewerage works.
WHEREAS, in order for the City of Carmel and its citizens, businesses
and industries not unduly to pollute any streams, or the subsurface ground
waters in Carmel and its environs, it is necessary for the City to maintain
a sewerage system and a plant for the treatment of sewage and to adopt and
to enforce regulations relating to such system and the use thereof by persons,
business and industries interconnected with such system, and for the City
to impose fe~s 6nd]charges for the use of such system so as to defray the
costs and expenses thereof and to comply with applicable state and federal
regulations and laws~
THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THEREFORE, ORDAINS
AS FOLLOWS:
ARTICLE I
GENERAL
1.1 DefinitiOns
Unless otherwise defined herein, terms shall be as adopted in the latest
edition of Standard Methods for the Examination o__~_f Water and Wastewater,
published by the American Public Health Association, and American Water
Works Association, and the Water Pollution Control Federation and as set
forth in 40CRF 136. Waste constituents and characteristics shall be measured
by Standard Methods unless a mutually agreed upon acceptable alternative
method is adopted, or in such other method established by state or federal
regulatory a~encies. Monitoring and metering will be carried out by customarily
accepted methods.
1.1.1 "City" - The City of Carmel, Indiana.
1.1.2 "Board" - The Board of Public Works and Safety of the City
of Carmel. It is the governinq body of the sewerage system of the City,
which system is a public service.
1.1.3 "Superintendent" - The Superintendent, subject to the control
of the Board in all matters, of the Sewer Department.
1.1.4 "Inspector" - A oerson authorized by the Board or the Superin-
tendent to perform inspection duties assigned to him by the Board or Superintendent.
1.1.5 "Person" - Any natural person, or public or private corporation,
or any other entity whatever.
1.1.6 "User" - A person who introduces into or discharges into,
including both the owner and occupant of real estate from which is introduced
or discharged into the seweraqe system, any substance whatever.
1.1.7 "User Classes"
1.1.7.1 "Residential User" - A user who introduces only
normal domestic sewage from a single family or multifamily dwelling into
the sewerage system.
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1.1.7.2 "Commercial User" - Transit lodging, retail and
wholesale establishments or places engaged in providing merchandise for
personal, household or industrial consumption and or rendering services
to others.
1.1.7.3 "Institutional User" - A publicly or privately owned
school, hospital, nursing home, prison, or other similar institution whose
wastes are segregated domestic wastes.
1.1.7.4 '~Governmental User" - A user engaged in legislative,
judicial or administrative activities of federal, state and local governments,
such as court houses, police and fire stations, city halls and similar govern-
mental users.
1.1.7.4 "Industrial User" - Any user who discharQes industrial
wastes as defined in Section 1.1.8 of this ordinance.
1.1.8 "Industrial Wastes" - Any solid, liquid or gaseous substance
or form of energy discharged, permitted to flow into or enter the sewerage
system or ~round from an industrial, manufacturing, commercial or business
process or from the development, recovery or processing of any natural resource
carried on by any person and shall further mean any waste from an industrial
user, but not includin~ sanitary sewage or storm water.
1.1.9 "MajOr Contributor" - A user discharging or introducing into
the sewerage system (a) a flow of more than 50,000 gallons per average workday;
(b) toxic pollutant in toxic amounts as defined in ~307 U.S. Public Law
92-500 as now adopted or as hereafter amended; (c) a flow or pollutant concen-
tration as now or hereafter defined or identified as a problem pollutant
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or flow by applicable state or federal regulations or by the Board; (d)
an effluent of siqnificant impact, either singly or in combination with
other contributors, on the wastewater treatment plant or the quality of
its effluent; or (e) any substance unusual or unique in quality or quantity
requireinQ special attention or processing in order to effect proper wastewater
treatment.
1~1.10
1.1.11
"Receivinq Stream" - White River
"Sewerage System" - The network of publically owned sewers
and appurtenances used for collection, transportino, and pumping wastewater
to the wastewater treatment plant, and the wastewater treatment plant itself.
1.1.12 "Building Drain" - The lowest horizontal piping of a building
drainage system which receives the discharQe from soil pipes, waste pipes
and other drainage pipes inside a building and conveys it to a point outside
of the building.
1.1.13 "Lateral Sewer" - The extension from the buildinq drain to
the sewerage system or other place of disposal.
1.1.14 "Public Sewer"- A sewer owned by the City.
1.1.15 "Sewer" - A pipe or conduit laid for carrying sewage or other
liquids, and solids suspended or entrained therein.
1.1.16 "Combined Sewer" - A sewer which carries storm, surface or
ground water runoff in addition to sewage.
1.1.17 "Effluent" - The water, together with any wastes that may
be present, flowino out of a drain, sewer, receptacle or outlet.
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. ,
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1.1.18 "Sanitary Sewer" - A sewer intended to carry only sanitary
or sanitary and industrial waste waters from residences, commercial buildinQS,
industrial plants and institutions.
1.1.19 "Storm Sewer" - A sewer intended to carry only storm waters,
surface runoff, street wash waters and drainage.
1.1. 20 "Wastewater Treatment Pl ant" - Any arrangement of devi ces
and structures used by the City for treatment and disposing of sewage, sludge,
and other sewaoe constitutents and products.
1.1. 21 "Benefi ci a 1 Uses" - These i ncl ude, but are not 1 imi ted to,
domestic; municipal, agricultural and industrial use, power generation,
recreation, aesthetic enjoyment, navigation, and the preservation and enhancement
. of fish, wildlife and other aquatic resources or reserves, and other uses,
both tangible or intangible, as specified by state or federal law.
1.1.22 "Waste" - Sanitary sewaoe and any and all other waste substances,
liquid, solid, gaseous, or radio-acative, associated with human habitation;
or of human or animal origin, or from any producing, processing, manufacturing,
or industrial operation of whatever nature, including such waste placed
within containers of. whatever nature prior to, and for purposes of, disposal.
1.1. 23
. "Wastewater" - The water-carried waste from residences, business
buildings, institutions and industrial establishments, singular or in any
combination, together with such ground, surface and storm waters as may
be present.
1.1.24 "Sanitary Sewage" - Sewage such as, and havin(l the characteristics
of, domestic sewage from dwellings (including apartment houses and hotels),
office buildings, factories or institutions, free from storm and surface
water and industrial wastes.
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1.1.25 "Normal Domestic Sewaoe" - Sewage discharged by residential users.
1.1.26 "Infiltration" - The water enterinq the sewerage system di rectly
or via private sewers, building drains and building sewers connected therewith,
from the ground, throuoh such means as, but not limited to, defective pipe joints,
connecti ons, or manhole wa 11 s.
1.1. 27 "Inflow" - ~Iater other than wastewater enteri nq the sewerage
system from sources such as leader's cellar, yard area, and foundation drains,
drains from springs and swampy areas, manhole areas, cross connections.between
storm and sanitary sewers, catch basins, cooling towers, storm water, surface
runoff and street wastewater or drainage.
1.1.28 "Pollution" - An alteration of the quality of water by waste,
contaminants or pollutants to a degree which renders such water unfit for beneficial
uses.
1.1.29 "Compatible Pollutants" - Wastewater having or containing.(a)
measurable biochemical oxygen demand, (b) suspended solids, (c) pH, (d) fecal
coliform bacteria, or (e) additional pollutants identified or defined in the
City's National Pollutant Discharge Elimination System (NPDES) permit or by
the State or Board.
1.1.30 "Incompatible Pollutants" - Any pOllutants which are not compatible
pollutants.
1.1.31 "NPDES Permit" - National Pollutant Discharge Elimination System
permit now or hereafter held by the City and setting forth conditions for the
discharge of any pollutants or combination of pollutants.
1.1.32 "Nuisance" - Any substance which is injurious to health or offensive
to the senses or an obstruction to the free use of property so as to .interfere
with the comfort or enjoyment of life or property.
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1.1. 33
"Constituents and Characteristics" - (of wastewater) - The chemical,
physical, bacteriolooical and radiological properties, including volume, flow,
rate arid such other properties which serve to define, classify or measure the
contents, quality, quantity and strength of wastewater.
1.1.34
"Garbage" - Any solid wastes from the preparation, cooking, or
dispensing of food or from the handling, storage or sale of produce.
1.1. 35
"Shredded Garbage" -'Garbage that is shredded to such a degree
that all particles will be carried freely in'suspension under the conditions
normally prevailing in the sewerage system, with no particle being greater than
one-half (1/2) inch in dimension.
1.1.36
."1ili: - The conventional scientific measure of the degree of acidity
or alkalinity.
1.1. 37
'''Biochemical Oxygen Demand" - (or BOD) of sewaqe, sewage effluent,
polluted waters or industrial wastes shall mean the quantity of dissolved oxygen
in milligrams per liter required durinq stabilization of the decomposable organic
matter by aerobic biochemical action under standard laboratory procedures for,
five (5) days at 200 Celsius. The laboratory determinations of BOD shall be
made in accordance with procedures set forth in Standard Methods, therein and
conventionally referred to as BODS'
1.1.38 '''ChemitalOxygen Demand" - (or COD) of sewage, sewage effluent,
polluted waters or industrial wastes is a measure of the oxygen equivalent of
that portion of the organic matter in a sample that is susceptible to oxidation
by a strong chemical oxidant. The laboratory determination shall be made in
accordance with procedures set forth in Standard Methods;
1.1.39
"Suspended Solids" - Solids which either float on the surface
of or are in suspension in water, sewage or other liquid and which are removable
by laboratory filtration. Their concentration shall be expressed in milligrams
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per liter. Quantative determinations shall be made in accordance with procedures
set forth in Standard Methods.
1.1.40 "User Charge" - A charge levied on users of a treatment works,
or that portion of the ad valorem taxes paid by a user, for the user's proportionate
share of the cost of operation and maintenance including replacement of such
works.
1.1.41 "Debt Service Charge" - A charge levied on users of a treatment
works to fund debt service on outstanding revenue bonds and current capital
costs.
1.1.42 "Sewer CharQe" - The total of the User Charge and the Debt Service
Charge.
1.1.43 "Surcharge" - A charge for seweraee services in addition to the
basic sewer charge. This charge is assessed users whose sewage is of such a
nature that it imposes upon the Sewage Works a burden greater than that covered
by the basic user charge.
1.1.44 "Replacement" - 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 designated and constructed. The term "operation and maintenance" includes
replacement.
1.1.45 "Operation and Maintenance" - All expenses related directly to
the operating and maintaining including replacement of the sewage works as identified
in the "Uniform System of Accounts for Wastewater Utilities~' or as prescribed
by the Indiana State Board of Accounts under the general headings, Plant Operation
and Maintenance, Sewer Operation and Maintenance, Customer Accounts, Administrative
and General, Insurance and Taxes.
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1.1.46
and approved.
1.1.47
"May" - May means that the act referred to is both permissable
"Shall" - Shall means the act referred to is mandatory.
1.2 Bylaws and Regulations of the Board of Public Works and Safety
The Board of Public Works and Safety may adopt and enforce such reasonable
regulations not in conflict herewith as it may be deemed necessary for the safe,
economical and efficient management of the City's sewerage system and waste-
water treatment plant and for the construction and use of buildin~ (or house)
lateral sewers and connections to the sewerage system, which regulations may
include limitations of or prohibition of introduction of or infiltration by
storm water, surface water, and ground water into the sewerage system.
1.3 Damaging, DefaCing, etc., Sewerage Works Property
A person shall not maliciously, willfully or wrecklessly break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the City sewerage system.
1.4 Right of Entry of Superintendent and Inspector to any Premises
The Superintendent, inspector or other duly authorized employee of the
City, upon reasonable notice to any person who is owner, tenant, or occupant
of any real estate, is empowered to enter, upon presentation of proper credentials,
all premises for the purposes of inspection, observation, measuring, sampling
and testing water, sewage and industrial waste.
1.5 Failure to Comply With the Terms of This Ordinance
1.5.1 Accidential Discharges
A user shall notify the Superintendent immediately upon accidentally
discharging chemicals, corrosive substances, or anything deleterious to
the sewerage system or treatment process, or wastewaters in violation of
this ordinance, to enable countermeasures to be taken by the City to
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minimuze damage to the sewerage system, treatment processes and the receiving
stream.
This notification shall be followed within seven (7) days of the date
of occurrence by a detailed written report, signed by the user, describing
the causes of the accidental discharqe and the measures being taken to
prevent future similar occurrence.
Such notification will not relieve users of liability for any expenses,
loss or damage to the sewerage syste, wastewater treatment plant, or treatment
p~cess, or any fines or penalties imposed by the Board, which expense,
loss or damage shall be paid for by the user.
A notice shall be furnished and permanently posted advising designated
responsible employees to call the Superintendent in case of accidental
dischage in violation of this ordinance.
1.5.2 Continued Failure to Meet Wastewater Admissibility Requirements
or the Terms of Major Contributor Permits
The Board shall have the following methods ef recourse in the event
of repeated or willful failure by a user to meet the wastewater admissibility
requirements of this ordinance. In addition, the City shall have and
the Board may exercise all other legally available remedies.
1.5.2.I Submission of Time Schedule
When the City finds that a discharge of wastewater has been taking
place in violation of the admissibility requirements prescribed in
Article IV of this ordinance or the provisions of a major contributor
permit, the City may require the user to submit for approval a detailed
time schedule of specific actions, acceptable to the Board, which
the user shall take in order to prevent or correct a violation of
requirements.
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1.5.2.2 Issuance of Cease and Desist Orders
When the City finds that a discharge of wastewater has taken
place or is likely to take place in violation of the admissibility
requirements of Article IV of this ordinance, or of a major contributor
permit, the Board may issue an order to cease and desist, and may
direct that the user not complying with such requirements (a) comply
forthwith, (b) comply with a time schedule set forth by the Board,
or (c) take appropriate remedial or preventive action.
1.5.2.3 Injunction
When the City finds that a discharge of wastewater is in violation
of the admissibility requirements of Article IV of this ordinance
or the provisions of a major contributor permit, or otherwise causes
or threatens to cause a condition of pollution or nuisance, the Board,
on behalf of the City, may petition any court of proper jurisdiction
for the ~ssuance of a prelimin~ry~r p~rmane~t~iih~un¢~ion~or~b~th,
as may be appropriate, in restrainine the continuance of such a discharge.
1.5.2.4 Termination of Service
The City may revoke any major contributor permit or terminate
or cause to be terminated wastewater service in whole or in part if
a violation of any provisions of this ordinance or the major contributor
permit is found to exist, or if a discharge causes or threatens to
cause a condition of pollution or nuisance as defined in this ordinance,
or causes the City to violate the terms of its NPDES Permit or any
state or federal law or regulation.
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1.5.2.5 Administrative Appeals
Any user affected by any decision, action or determination including
cease and desist orders, may by the Superintendent, interpreting or
implementing the provisions of this ordinance, any permit issued herein,
or any action, decision, or regulation of the Board adopted pur.suant
hereto, may file with the Board a written request for review and reconsi-
deration within ten (10) days of such a decision, action or determination,
setting forth in detail the facts supporting the user's request for
reconsideration.
The appeal shall, if reasonably possible, be heard by the Board
within thirty (30) days from the date of filing. The Superintendent's
decision, action, or determination shall remain in effect during such
period of reconsideration, unless the Board otherwise determines on
request of the user.
1.5.3 .General Penalties; Continuing Violations
The commission of any act prohibited by this ordinance or by lawful
order of the Superintendent or lawful order or regulation of the Board,
or the failure to perform without lawful justification any lawful order
of the Superintendent or lawful order or regulation of the Board shall
be a punishable violation of this ordinance for which, unless there is
another specific penalty provided, the penalty shall be a fine of not less
than one hundred ($100.00) dollars nor more than five hundred ($500.00)
dollars. In the case of discharges into the sewerage system in violation
of this ordinance or any valid order of regulation of the Board each day
of violation constitutes a separate offense.
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1.6 Falsifyinq of Information
A person shall not knowinqly make or submit to the City a false statement,
representation, record, report, plan, or other document required to be filed
hereunder or under a duly adopted requlation of the Board, or voluntarily filed
wi th 'the intent that the City rely thereon, or fa 1 s i fy, tamper with, or knowinqly
render inaccurate any monitorinq, testinq, measurinq or timing device required
or installed under these regulations. A person shall not, durinq any monitoring
or survei 11 ance, peri od, alter i ndustri a 1 processes or other acti viti es for the
purpose of rendering samples drawn or measurements taken during said monitorinn
or surviellance unreoresentative or uncharacteristic of normal operations, flows
or concentrations of pollutants.
ARTICLE I I
CONNECTION TO SEWERAGE SYSTEM
2.1 Privies, Septic Tanks, Cesspools, etc.
Except as otherwise provided by the Board, the City, or the State of Indiana
or any of its agencies, a person shall not construct or maintain a privy, septic
tank, cesspool or other facility intended or used for the disposal of wastewater;
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exceot that esisting septic tank systems and fields may be repaired and, maintained
in accord with apolicable laws and ordinance.
2.2 When Connection'tothe'Seweraqe System is Required
Any person constructing a new house or other building for occupancy, employment,
recrecation, industrial or commercial activity within the City and abutting
on any street, alley or easement in which there is now located a public sanitary
or combined sewer, or alonq or across which there is access to such a sewer,
must connect to such sewer in accord with applicable ordinances and regulations,
and shall not discharge sewage elsewhere than into the sewerage system.
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2.3 Construction Of Buildino (or House)ltate'rill ~Sewers
The size, shape, alignment, materials or construction of a buildino (or
house) lateral sewer and the methods' to be used in excavating, placing the
pipe, jointing, testing and backfilling the trench shall conform to the requirements'
of building and plumbing codes and other applicable rules and regulations of
the City.
2.3.1 Determininq Major Contributors
Each commercial and industrial user shall supply the City with information
about expected wastewater constituents, and characteri sti cs to be used in
determinino whether or not the user will be a major contributor.
2.3.2 "Separate Sewer Requirements
A seoarate and independent building (Dr house) lateral sewer shall
be provided for every building (or house); except where one building (or
house) stands at the rear of another or an interior lot and no private
sewer is abailable or can be constructed to the rear building (or house)
through an adjoining alley, court, yard, or driveway. In such cases, the
building (or house) lateral sewer from the front buildinq (or house) may
be extended to the rear building (or house) and the whole considered as
one building (or house) lateral sewer.
2.3.3 Use'of'Old BUilding (or House) 'Lateral Sewer for a New Building
(or House)
Old building (or house) lateral sewers may be used in connection with
new buildin~s (or houses) only when they are determined, upon examination
"and test by the inspector, to meet all requiremens of this ordinance.
Whenever reasonably possible, the building (or house) lateral sewer shall
be brought to the building (or house) at an elevation below the basement
floor. In all buildings (or houses) in which any building (or house) drain
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is too low to permit gravity flow to the appropriate public sewer, wastewater
carried by such building (or house) drain shall be lifted by an appropriate
means and discharged to the building (or house) lateral sewer.
2.3.4 Connection of Downspouts, Drains, etc.
No person shall hereafter connect or reconnect roof downspouts, footing
drains, areaway drains, driveways, parking lots, or other sources of surface,
runoff or aroundwater, to a building (or house) lateral sewer or building
(or house) drain which is in turn connected directly or indirectly to the
sewerage system.
2.3.5 Inspection: Supervision of Connection
The applicant for the building (or house) lateral sewer permit shall
notify theBoard or its designated representative when a building (or house)
lateral sewer is ready for inspection and connection to the sewerage system.
The connection shall be made under the supervision of the inspector or
his representative using materials and techniques conforming to the requiremen~ts
of the Board. The applicant shall give notice before the burial or covering
of the lateral sewer and shall not cover or bury the sewer until the inspection
is completed and the connection approved.
2.4 Extensions Outside of the City
A person shall not directly or indirectly make any connections with or
openings into the sewerage system for the purpose of serving any areas outside
the corporate boundaries of the City without first securine a specific resolution
of the Board describinq the real estate and property to be served and authorizing
such connection.
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2.5 Prohibition of Discharqe to Natural Outlets
It shall be unlawful to discharqe to any natural outlet within the City
of Carmel 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.
2.6 Rioht to Prohibit New Connections
The City shall have the riqht to prohibit new connections when the excess
capacity of the seweraoe system is deemed insufficient by the Board to accommodate
the expected flow, BOD and/or Suspended Solids loading from the prospective
sewer user.
ARTICLE III
PRIVATE HELLS
3.1 Registration of Wells
Every owner or occupant of real estate within the corporate limits of the
City of Carmel, or real estate from which there is a lateral sewer or other
means or path of direct or indirect flow into the seweraqe system, shall, on
a form provided by the Board, report the existence of such well to the Superintendent.
Theiriformation. furnished on such form by the owner or occupant shall include,
amoung other items, the name of the owner and occuoant of such real estate,
the location on said real estate of such well, the size of the well pipe, the
size (voltaqe, amerage and horsepower where ascertainable) of the well pump
motor, and the purpose for which the well water is used by the owner, occuoant
or others.
3.2 Metering Of Well Water
The Board shall determine by any reasonable meand, including, but not limited
to, the use of water meters and timing devices, the flow of such well in order
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to determine the amount of sewa~e entering the sewerage system. The owner or
occupant of such real estate shall pay for such meterin~ device, which shall
be of a type approved by the Board, and which shall remain the property of the
owner but shall be under the exclusive control of the Board and shall not under
any circumstances be tampered with by the owner, occupant or any other person.
In the case of wells for household use only the Board may, in lieu of metering
or timing the use of the well, provide for use of reasonable estimates regarding
water volume.
3.3 . Inspettion.of.Wells
The Board may direct the Superintendent, inspector or any other employee
to enter upon private property for the purpose of inspecting to determine the
existence of orivate wells, to oversee or to direct the installation of metering
Dr timing devices, and to read such meters and devices.
3.4 Hell Di qoinq
A person shall not hereafter dig or drive a well within the City limits
without first making application therefor to the Superintendent, which application
shall be on a form approved by the Board and shall show all pertinent data regarding
size and flow. The application shall be signed by both the installer of the
well (the contractor or other persond6ingthework)and the owner or his agent
(other than the installer). The failure to file such an applicaton shall be
. a violation of this ordinance.
ARTICLE IV
. WASTEWATER. ADMISSIBILITY
4.1 .MajorContributorPermits
Any industrial user and any other user on demand 0.f the Board shall provide
the City with sufficient information to determine if he is a major contributor.
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Any user determined to be a major contributor shall be required to obtain a
permit which describes the wastewater constituents and characteristics allowed
and whi~cb~ sets forth' the applicable surveillance schedule and the monitorine
requirements the user shall be subject to in order to discharge into the sewerage
system. A major contributor permit shall be valid for four (4) years unless
processing chanqes are made that, in the opinion of the Superintendent or Board,
alter the wastewater constitutents and characteristics significantly. In the
event of such a change, a new application shall be filed accordinqly. A permit
may be renewed without reapplication at the end of four (4) years at the discretion
of the City.
Nothinq in a major contributor permit shall constitute an exception to
the prohibitions and limitations on wastewater admissibility as set forth herein.
~jor contributors are subject to all applicable fees, rates, and charges set
forth in Article V of this ordingnce.
A user holdine an NPDES oermit from the State of Indiana is prima facile
entitled to a major contributor permit from the City. The holder of any NPDES
permit from the State shall file with the Superintendent a copy of each report
or application such permit holder files with the State, such copy to be filed
with the City not later than three (3) business days after the filing with the
appropriate state authority. Each user who aoplies to the State for an NPDES
permit shall similarly file a copy of such application and all supporting documents
with the City within said three (3) day time period.
4.2 Major contributor Permit APpliCationS; Fees
Major contributors shall make application for the proposed discharqe on
a form provided by the City. The permit application shall be supplemented by
any plans, specifications, studies or other information considered pertinent
by the Board.
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4.2.1
Fees
Permit fees for major contributors shall be as follows:
PermitFee
Initial Major Contributor Permit
Industries connected to sewerage works prior
to the effective date of this ordinance $ 20.00
Industries connected to sewerage works after
the effective date of this ordinance $100.00
4.3 Surveillance Of Major Contributors
To establish a feasible surviellance schedule, the following classes of
major contributors are formed:
Minimum Sur-
Class Qualifications veillance Schedule
A Flow of one hundred thousand (100,000) gallons
per day (0.1MGD) or more per average workday Quarterly
B Flow from 0.04 MGD to 0.1MGD per average workday
or discharge with constituents or characteristics
that result in a major contributor classification Semiannually
The surveillance period will normally be for a period of seven (7) consecutive
days, but can be of longer or shorter duration at the discretion of the Board
or Superintendent. In cases where the surveillance period extends for a greater
number of consecutive days than seven (7), the City shall have the prerogative
of selecting the seven (7) consecutive days of its choice for establishing rates
and charges as provided for in Article V of this ordinance.
4o3.1 Surveillance Survey Charge
The charee for each surveillance survey shall be $100.00 per day with
a maximum charee for seven (7) days of $700.00. The Board may adopt a
schedule of lower, but not higher,surve,illance fees and may waive surveillance
fees in proper instances, particularly when surveillance is to detect or
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or determine improper discharge found not to exist. In a case where no
improper discharge is found, the Board may nevertheless charge a minimum
fee of $50.00
Where the industry has an ongoing pretreatment facility or system
approved by the State or by the Board, there will be no surveillance fee,
unless the Board finds that the user having such a pretreatment facility
or system has repeatedly violated the effluent standards applicable to
such user.
4.4 Monitoring of Major Contributors
A major contributor shall install at its own expense (a) a suitable control
manholde or other access means, together with such necessary appurtenances in
or on each buildinQ lateral sewer to facilitate observations, samplin~ and measurement
of the wastewater, and (b) such samplin~ devices as may be reasonably necessary,
all unless otherwise instructed by the City. A user may be required by the
City to install such manholes or other access means to verify his status as
a major contributor or otherwise. Such manholes or other access means and samplin~
and testing devices shall be constructed and maintained to the City's satisfaction
at the expense of the user, but shall be under the control of the City.
The City may provide monitorin~ equipment during a surveillance period
for control manholes or other access means.
Monitoring equipment shall, unless otherwise specified by the City, include
a device for automatically measuring flow and a device for automatically taking
a composite sample of wastewater during a twenty-four hour period.
4.5 Limitations On Point of Discharge
No person shall discharge any substance directly into a manhole or other
opening in the sewerage system other than through the approved building (or
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house) lateral sewer, except in accordance with the terms of this ordinance
or by express permission of the Board.
4.6 Licensed Commercial or Industrial Waste Hauling
A person who is a licensed commercial or industrial waste hauler may not
discharge compatible pollutants and those incompatible pollutants within the
limits of admissibility set Out herein to the wastewater treatment plant at
any time of place; however, the Board may accept such discharQe if it elects
in given cases to do so. Wastewater so received must have been generated within
Hamilton County.
4.7 Special Agreements
Special agreements and arrangements between the City and any person within
Hamilton County may be established by the Board within the terms and intent
of this ordinance when, in the opinion of the Board, unusual or extraordinary
circumstances compel special terms and conditions whereby an unusual wastewater
may be accepted for treatment, subject to payment of applicable fees.
4.8 Admissibility - Prohibitions on Discharges
No person shall discharge to the sewerage system wastes which cause, threaten
to cause, or are capable of causing either alone or by interaction with other
substances:
4.8.1
a fire or explosion;
4.8.2
obstruction of flow in the sewerage system or injury to the system
or damage to the wastewater collection, treatment or disposal facilities;
4.8.3
danger to life or safety of personnel;
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4.8.4
a nuisance or hindrance of the effective maintenance or operation
of the sewer system, such as throuqh having an unusually strong or unpleasant
odor;
4.8.5
air pollution by the release of toxic or unusually malodorous gases
or malodorous gas-producing substances;
4.8.6
interference with the wastewater treatment process;
4.8.7
the wastewater treatment plant's effluent or any other product of
the treatment process, residues, sludges, or scum, to be unsuitable for
reclamation, disposal, or to interfere with the reclamation process, or
to fail to meet any of the limitations set by any Federal or state agency
or the terms of the City NPDES permit;
4.8.8
discoloration or any other condition that interferes with control
of the treatment process.
4.9 Admissibility - ProhibitiOn of Unpolluted Waters
Unpolluted water, including, but not limited to City water, cooling water,
process water or blowdown from cooling towers or evaporative coolers shall not
be discharged through direct or indirect connection to the sewerage system for
purposes of diluting wastewater in order to reduce sewer rates or charges of
the user. Limitations on the amount of unpolluted water that is discharged
shall be part of a major contributor's permit.
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4.10 Admissibility - Limitations on Radioactive Wastes
No person shall discharge or cause to be discharged any radioactive waste
into the sewerage system.
4.11 Admissibility- Limitations on the Use of Garbage Grinders
Only properly shredded ~arbage, as defined in paragraph 1.1.31, may be
discharged into the sewerane system.
4.12 Admissibility ~ Limitations on Wastewater Strength
All constituents and characteristics which singly or in combination may
damage structures, impair the operaton of the wastewater treatment plant, interfere
with treatment process or impair the quality of the Receiveing Stream or its
tributaries including, but not limited to, the following constituents and charac-
teristics, with maximum concentration as shown below:
4.12.1 A person shall not discharge any wastewater with:
a. a BOD5 concentration in excess of 250 mg/1 milligrams per liter);
b. a suspended solids concentration in excess of 250 mg/1;
4.12.2 A person shall not dischange any wastewater containing concentration
in excess of:
a. a temperature higher than 150°F. (65.5°C);
b. a pH lower than 6.0 or higher than 9.0;
c. 0.20 mg/1 cadmium;
d. 0.25 mg/1 hexavalent chromium (Cr,VI) for one day, or
0.09 mg/1 hexavalent chromium for any thirty consecutive
day averaQe;
e. 2.00 m~/1 copper
f. 0.02 mg/1 cyanide amenable to chlorination (CN,A) for one day, or
0.08 mg/1 cyanide amenable to chlorination for any thirty conse-
cutive day average;
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g. 0.64 mg/1 cyanide, total (CN,T) for one day, or 0.24 m~/1
cyanide, total far any thirty consecutive day average;
h. 1.00 m~/1 lead;
i. 0.020 m~/1 mercury;
j. 0.80 m~/1 nickel;
k. 0.10 mg/1 silver;
1. 0.50 mq/1 zinc~
m. 200 m~/1 oil and ~rease (animal or vegetable origin);
n. 100 mQ/1 oil and grease (mineral or petroleum origin);
o. 1.0 mg/1 phenolic compounds which cannot be removed by the
City's wastewater treatment process;
p. any of the above, a through m, in other concentration than
stated above if applicable state or federal regulations, or re-
Qulations of the Board, set different maximum concentrations;
q. any other substance or concentration thereof orohibited to all
users or classes of users by state or federal law, or reoulation
now or hereafter adopted by the Board.
r. any water or wastes containin~ a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage
treatment process or to constitute a hazard to humans or animals
or to create any hazard in the receivino waters of the treatment
plant.
4.12.3 The limitations imposed in 4.12.1 a through 4 found by the Common
Council to be those attainable by the best practical technology. Limitations
adopted by the Board shall in all cases be based on the best practical
technology.
4.13 Grease, Oil and Sand Interceptors
Such interceotors shall be provided at (a) all restaurants, and at (b)
all industrial or commercial enterprises when, in the opinion of the City, they
are necessary to contain grease, flammable wastes or sand and other harmful
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inert materials. All interceptors shall be approved by the City and shall be
readily and easily accessible for cleanin~ and inspection.
4.14 Liability for Maintenance of Pretreatment and Other Equipment
Where pretreatment for flow-equalizin~ facilities are provided for any
waters or wastes, they shall be maintained continuously in satisfactory and
effective operation by the user at his expense, and shall at all reasonable
times be open to inspection and testing by the City.
4.15 Right to Reject Waste
The City shall have the right to reject waste and prohibit the introduction
of rejected waste into the sewerage system or the City may require pretreatment
of the waste when the strength or character of the waste is such that it could
cause damage to or interfere with the operation of the sewerage system. When
pretreatment is necessary, the pretreated wastes must meet the restrictions
contained in The Environmental Protection Agency Pretreatment Standard (40CFR403).
ARTICLE V
SEWER CHARGES, SURCHARGES AND SERVICE FEES
5.1 Persons Subject to Fees and Sewer Charges
For the use and service rendered by the sewerage works, sewer charges shall
be collected from the person who owns each and every parcel of real estate that
is connected directly or indirectly to the City's sewerage system or otherwise
discharges wastewater either directly or indirectly into the sewerage system
of the City, which sewer charges shall be payable as provided in this article.
5.2 Effective Date; Extension to Additional Property
The sewer charges fixed by this article shall become effective at the time
the user first discharges to the sewerage system. These sewer charges shall
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be extended to and cover any additional premises thereafter served, without
the necessity of any hearing or notice.
5.3 Rate Basis
The sewer flow charqes shall be based on the quantity of water as measured
by the water meter used on or in the premises subject to such sewer char~es,
except as otherwise provided in this article.
5.4 Schedule of Meter Reading
Water meters shall be read once each month, or at the option of the City,
at other intervals.
5.5 Procedure When Water is Obtained Partially or Wholly From Sources Other
Than City WaterwOrks
In the event a user obtains water partially or wholly from sources other
than the City Waterworks, the total water used must be measured or determined
as provided in Section 3.2, Section 4.4, or by other reasonable means as the
Board may direct. In the case of a single-family household havinq a private
well but no City water supply, the sewer flow charge shall be for 6,000 gallons
per month, unless a meter is installed on the well at the request of either
the user or the City,in which case the cost of installation will be paid for
by the user and the meter will be provided by the City. The installation of
any such meter shall be approved by the City.
5.6 Procedure When Single Meter ServeS More Than One User
In the event two or more premises including apartments and trailers discharg-
ing wastewater into the City's sewerage system, either directly or indirectly,
are consumers of water, and the quantity of water is measured by a single water
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meter, then in such case billin~ shall be for a single service in the manner
set out elsewhere herein, except that the minimum bill per month shall not be
less than the number of such units times $2.14 plus $2.48. The Board may require
that separate water meters be installed in any such case.
5.7 Portion of Water Not Entering Sewerage System
In the case of a user utilizing more than 1,000 gallons of water per average
workday, who can substantiate to the City that a portion of said water does
not and cannot enter the sewerage system, the Board shall either determine the
portion of the measured water to be used in determining the appropriate sewer
charges, or approve the manner and technique of flow measurement provided by
the user for determining wastewater discharged to the sewerage system. Facilities
utilized to accomplish this shall be installed and maintained in a serviceable
condition by the user at his expense, but shall be under the exclusive control
of the City.
5.8 BillinQ Procedure Generally
Sewer billings and invoices shall be rendered and collected approximately
monthly.
The Board shall make and enforce such bylaws and regulations as may be
deemed necessary for the regulation, collection, rebating and refundin~ of the
sewer charges prescribed by this section of this ordinance.
The Board may, on proper cause being shown by the applicant that in a singular
occurrence, metered water did not reach the sewerage system, adjust the user's
sewer charge with respect to such occurrence.
Major contributors with a flow in excess of 50,000 gallons per average
workday shall have billing determined on the basis of wastewater discharged
as monitored per Article IV, Section 4.3 of this ordinance, with the following
exception.
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At its option, the City may accept monitoring data and information from
such a major contributor to substantiate billing determination on a more frequent
.basis than as established in Article IV, Section 4.3, of this ordinance. Such
allowance, however, does not exempt .the major contributor from the. surveillance
survey fee set by the City to offset the costs of monitoring performed by the
City.
In the event there is a difference in. analytical results that is not explain-
able by normal variation in the testing procedure, the user may, within thirty
(30) days of billing, appeal to the Board.
By reason of summer season yard sprinkling, which results in water used
but not discharged into the sewerage system, the Board may apply water meter
readings in the seasons in which lawn sprinkliers are not in use to determine
the sewage flow for the summer season, where separate meteres are not installed
for sprinkling and household or other water.
5.9 Te~ants May.Be Billed;.Right of Owners to Examine Records
The sewer charqes may be billed to the tenants occupying the premises served,
unless otherwise instructed in writina by the person who owns the premises.
Such billinqs shall in no way relieve the owner of liability in the event payment
is not made as herein required. The owners of the premises served, which are
occupied by tenants, shall have the right to examine the collection records
of the City for the purpose of determining whether such sewer charges have been
paid by such tenants; provided that such examination shall be made at the office
at which the records are kept and during the hours that such office is open
for business.
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~
5.10 Liability of City for Charges
For the service rendered to any department or agency of the City, except
the Sewer Department, the City shall be subject to the sewer charges provided
herein.
5.11Surcharqe Based on Flow and Concentration of Wastewater
All wastewater discharged by major contributors shall meet the admissibility
standards in Article IV of this ordinance, by pretreatment if necessary, as
determined by the Board. Wastewater beyond the limits of admissibility set
forth in Section 4.12.1 may be accepted and surcharged in accordance with the
schedule in Section 5.12.
Surcharges shall be based on actual quantities discharged for treatment
as determined from measured concentration and flow. Surcharge rates for wastewater
characteristics not provided for herein may be set at the reasonable discretion
of the Board, takin~ into account all of the Sewer Department's significant
cost factors, relating to treatment, handlinq and disposal.
5.12 Rates of Surcharge
The rate of surcharge, in addition to volumetric charges, for the followinq
constituents shall be as follows:
a. for biochemical oxygen demand (BOD)
in excess of 250 milligrams per liter 15.7 cents per pound
b. for chemical oxygen demand (COD)
where BOD cannot be determined in
excess of 500 milligrams per liter 15.7 cents per pound
c. for suspended solids in excess of
250 milligrams per liter 12.4 cents per pound
5.13 Sewer Charges
5.13.1 For the use and the service rendered by said sewerage works,
volumetric sewer charges shall be payable as hereinafter provided and
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shall be in an amOunt determinable as follows:
$ 2.48
Monthly Administrative Sewer Charge
plus
Monthly Metered Sewer Charge
Consumption per Month
First 5,000 Gallons
Next 10,000 Gallons
Next 10,000 Gallons
Next 25,000 Gallons
Next 50,000 Gallons
Over 100,000 Gallons
The flat monthly
shall be:
User Charge
$ 9.12
5.14
Per 1,000 Gallons used per Month
Debt Service
User Charge Charge Total
1.52 $ 0.62 $ 2.14
1.52 .61 2.13
1.52 .55 2.07
1.52 .51 2.03
1.52 .39 1.91
1.52 .34 1.86
sewer charge for any user who is not a metered water user
Total Monthly
Debt Monthly Minimum Flat Sewer
Service Charge Sewer Charge Charge
$ 3.71 $ 2.48 $ 15.31
5.13.2 The Board is empowered to determine rates, charges and fees for
septic tank, industrial wastes, and other disposable wastewater and wastes
delivered to the wastewater treatment plant, as provided in Section 4.6
and to collect such charges and fees.
5.13.3 The Board is empowered to determine and to collect such charges
as it may reasonably provide for under special agreements entered into
by the Board, on behalf of the City, under Section 4.7
Delinquent Accounts
5.14.1 How Delinquencies Arise
Charges for sewerage service levied pursuant to this ordinance shall
be due and payable on or before the due dates shown on the bills. Any
service charge not paid by the due date (approximately fifteen (15) days
after the bill is rendered) shall be considered delinquent. Delinquent
sewage charges together with costs and other expenses of collection may
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be collected by any lawful remedy, includinq, where applicable, the placinq
of and foreclosure 9f liens on real estate as provided by state law.
ARTICLE VI
BIENNIAL REVIEW
6.1 Biennial Review
The Board of Public Works and Safety and Common Council of the. City of
Carmel shall review not less often than every two years the waste water contributions
of users and user classes, the total costs of operation and maintenance of the
treatment works, and its approved user charqe system. The Common Council shall
review the charges for users or user classes as needed to accomplish the followinq:
6.1.1 Maintain the proportionate distribution of operation and costs
among users and user classes;
6.1.2 Generage sufficient revenue to pay the total operation and main-
tenance costs necessary to the proper operation and maintenance (includinq
replacement) of the treatment works;
6.1.3 Apply excess revenues collected from a class of users to the
costs of operation .and maintenance attributable to that class for the next
year and adjust the rate accordingly; and
6.1.4 Generate sufficient revenue to pay principal and interest on
bonds payable and other obligations of the sewage works in order to meet
the requirements of the sewage works bond ordinance of any bonds outstanding.
ARTICLE VII
ENVIRONMENTAL PROTECTION AGENCY REGION V
7.1 Approval of the User Charge System by the Regional Administrator of Region
V of the Environmental Protection Agency is evidenced by the authorization received
by the City of Carmel on September 23, 1975, which authorization is reproduced
herei n :
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ARTICLE VIII
EFFECTIVE AND SEVERABILITY
8.1 Effective Date
The provisions of this ordinance shall be in full force and effect forthwith
upon its passage and signing by the Mayor and publication according to law.
8.2 Severability
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 or parts.
8.3 Repeal of Other Ordinances
All ordinances and parts of ordinances in conflict herewith are hereby
repealed, particularly Ordinance No. S-37 as amended by Ordinance No. S-38.
Passed and adopted by the Common Council of the City of Carmel on the
, 1981.
Attest:
Cl erk-Treasure~
es~ di np-Offi ce~
rsdby me to the Mayor of the City of Carmel once /~ day of
· , 1981, at the hour of ~'F~ o'clock~Y~'~.M-
Dorothy J. Ha~o~ Clerk-Treasu
This ordinance approved and signed by me on the J~ day of~~,
1981, at the hour of ~,'~r o'clock ~.M.
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S~ptcmmor 23~ 1975
C1~0445