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Home » Departments » Administration » City Code » Solid Waste Management
Solid Waste Management
TITLE 11
SOLID WASTE MANAGEMENT
CHAPTERs:
11.01 Sewers
CHAPTER 11.01
Sewers
SECTIONs:
11.01.010 Definitions
11.01.020 Use of Public Sewers Required
11.01.030 Repealed
11.01.040 Sanitary Sewers, Building Sewers and Connections; Rates for Use
11.01.050 Annual Review of Operational Costs; Revision Where Required; Debt Service
11.01.060 Use of the Public Sewers
11.01.070 Disorderly Conduct
11.01.080 Power and Authority of Inspectors
11.01.090 Hearing Board
11.01.100 Penalties
SECTION 11.01.010 Definitions
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
1. "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees centigrade, expressed in milligrams per liter.
2. "Building drain" means 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" means the extension from the building drain to the public sewer or other place of disposal, also called house connection.
4. "Cesspool" means an underground reservoir for liquid waste (as household sewage).
5. "City" means Milford City, Beaver County, Utah.
6. "Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
7. "Easement" means an acquired legal right for the specific use of land owned by others.
8. "Floatable oil" means oil, fat, or grease in physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
9. "Garbage" means all waste resulting from residences, commercial trades, or businesses and institutions. Commercial and Industrial waste shall be distinct from domestic or household sanitary wastes.
10. "Governing Body" means the Mayor and Council members of Milford City.
11. "Hearing board" means the governing body of Milford City.
12. "Industrial wastes" means the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
13. "May" is permissive (see "shall", # 27).
14. "Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body.
15. "Person" means any individual, firm, company, association, society, corporation, or group.
16. "pH" means the logarithm of the reciprocal of the hydrogens concentration. The concentration is the weight of hydrogens, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 107.
17. "Privy" means a small building having a bench with holes through which the user may defecate or urinate.
18. "Properly shredded garbage" means the wastes from the preparation, cooking, and dispensing of foods 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 that 2 inch (1.27 centimeters) in any dimension.
19. "Public sewer" means a common sewer controlled by a governmental agency or public utility.
20. "Residential Equivalent" means a structure, building or unit discharging effluent into the System placing no more burden or discharge than Residential Flows as defined hereinafter.
21. "Residential Flows" means the assumed average and/or standard flow expected from a single-family dwelling based on wintertime culinary water usage. A Residential Flow volume strength is 250 mg/1 TSS (Total Suspended Solids, see "Suspended Solids") and 200 mg/1 BOD5 (Biochem Oxygen Demand, see "BOD"). Rates for volume and strength of Residential Flow are as set out in Addendum "A".
22. "Sanitary sewer" means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are usually not admitted intentionally.
23. "Septic Tank" means a tank in which the solid matter of continuous flowing sewage is disintegrated by bacteria.
24. "Sewage" means the spent water of a community. The preferred term is "wastewater" (See Section 35).
25. "Sewer" means a pipe or conduit that carries wastewater or drainage water.
26. "Shall" is mandatory (see "may" # 14).
27. "Slug" means any discharge of water or wastewater 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 and shall adversely affect the collection system and/or performance of the wastewater treatment works.
28. "Storm drain" (sometimes termed "storm sewer") means a drain or sewer for conveying water, groundwater subsurface, water, or unpolluted water from any source.
29. "Superintendent" means the Superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of Milford City or his authorized deputy, agent, or representative.
30. "Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.
31. "System" means the sewer, wastewater or combined wastewater and storm or surface water facilities of the City.
32. "Unpolluted water" means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
33. "Wastewater" means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.
34. "Wastewater facilities" means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
35. "Wastewater treatment works" means an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant".
36. "Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.020 Use of Public Sewers Required
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 Milford City, or in any area under the jurisdiction of said City, any human excrement, garbage, or other objectionable waste.
2. It shall be unlawful to discharge to any natural outlet within Milford City, 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.
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 disposal of wastewater.
4. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city is hereby required, at the owner(s) expense, to install suitable sewer facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this ordinance, within 180 days after date of official notice to do so.
5. To evidence compliance with the requirements of this Section 11.01.020 the City adopts this penalty and compensatory sanctions, the violation of which shall constitute a class "B" misdemeanor: Under the authority of 10-8-15, Utah Code Annotated, 1953, as amended, Milford City hereby exercises a municipality's extraterritorial jurisdiction to protect its culinary water system and its source from exposure to underground percolation from any ecological injury, pollution or contamination of the watershed or exposure of the System and water-polluting underground percolation influencing the culinary waterworks source. Milford City under the authority of 10-8-38, Utah Code Annotated 1953, as amended declares that all lands (whether inside or outside an incorporated municipality) within 300 feet on either side of the transmission or interceptor lines and the inlet facilities of each and all of the collection, interception and inlet facilities or one or any combination of the same (the "system") are a part of the Milford City Wastewater Facilities of Milford City and the system and the City hereby requires that the owner or occupant of any land upon which any structure is located and on the nearest property line of any kind within 1,000 feet of any lateral, interceptor or collection portion of the System shall connect to the System, the failure of which shall constitute a public offense and punishable by law as a Class "B" misdemeanor.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.030 Repealed
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.040 Sanitary Sewers, Building Sewers and Connections; Rates for Use
1. No authorized person(s) shall uncover, make any connections without opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
2. There shall be one (1) class of sewer connection to be known as "Residential" or "Residential Equivalent". In every case, the owner(s) or agents shall make application on a form obtained from the city. The permit application shall be supplemented by any plans, specification, or other information considered pertinent in the judgment of the City water and sewer Superintendent. A fee for sewer connection permits and inspections shall be assessed and collected at the time of application to the city. The fee for a Residential Equivalent connection permit shall be the actual cost to connect including labor, materials and equipment.
3. Form of Application. Each person owning, occupying or having an interest in any structure in Milford City shall connect to the sewer system upon an application in the form hereinafter set out. It shall be a Class B Misdemeanor or a misdemeanor as declared by state law or county ordinance for any person to fail to connect to the sewer system who is the occupant, owner or user of any. Such person shall pay a fine of not less than $50.00 for each day of violation and each day of failure to connect shall be deemed a separate offense.
4. The rates for connecting to and use on monthly or any other basis may be fixed and amended by Resolution or Amending Ordinance. The Governing Body will, to promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based entirely upon metered water usage, effluent strength by or solely upon the bases as defined hereinabove or upon an equitable combination of any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among those based upon their usage of and benefit received from the System.
5. All costs and expenses incidental to the installation, connection and maintenance of the building sewer to the public sewer shall be borne by the owner (s). The owner (s) shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation, connection or maintenance activities of the building sewer.
6. 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 system will be considered as one building sewer. The City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
7. Old building sewers may be used in connection with new buildings only when they are examined and tested by the City sewer and water superintendent and found to meet all requirements of this ordinance.
8. The size, slope, alignment, materials or construction of all sanitary sewers including building sewers, 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 plumbing code or other applicable rules and regulations of the code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and W.P.C.F. Manual of practice No. 9 shall apply.
9. Whenever possible, the building sewer shall be brought from the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where such means are necessary, the Owner shall be responsible for all installations, maintenance, and operating costs for their operations.
10. No person(s) shall make connection of roof downspout, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the City and the Utah State Department of Environmental Quality for purposes of disposal of polluted surface drainage.
11. 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, and the State of Utah, or the procedures set forth in appropriate specifications of nationally recognized publications of what are known as the ASTM and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and watertight, any deviation from the prescribed procedures and materials must be approved by the City before installation.
12. 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.
13. Irrespective of the occupant, user, tenant, cotenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, The owner of the premises according to the records of the Beaver County Recorder shall be legally responsible for the payment of all charges, fees, assessments and any other payment of all charges, fees, assessments and any other obligation or liability of user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by Milford City as an obligation of the owner of the real property on which any use is made from a sewer connection. Water service to delinquent property shall be turned off by the City for failure to pay any and all sewage and wastewater fees, assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the City for sewer service are paid in full. All payments for utilities, whether "water" or "sewer" shall be credited first to sewer assessments, fees or charges.
14. Interest Charge on Delinquent or Past-Due Connection Fees: The Mayor and Council of Milford City may, at their discretion and in circumstances that are equitable, impose interest at the highest legal rate (but not to exceed 2% per month) on all past-due accounts either for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this Ordinance.
15. Notification. Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges, which are attributable to wastewater treatment services (O&M) vs. debt service.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.050 Annual Review of Operational Costs; Revision Where Required; Debt Service
1. The City shall review the total annual cost of operation and maintenance, long-term debt service relating to the wastewater treatment works, as well as each user's wastewater contribution percentage not less often than every year, and will revise the user charge system as necessary to assure equity of the system established herein and to assure that sufficient funds are obtained from the City's user charge system to:
A. Consistantly operate and maintain the wastewater treatment works.
B. Cover said debt service. The City will 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 this rate accordingly.
2. The addendum attached hereto and entitled "Milford City Service User Charge System" shall be used for calculating rates. The addendum shall be used as a formula for calculating rates, fees, and charges for connection, use and access to the system. The addendum is adopted and made a part of this ordinance.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.060 Use of the Public Sewers
1. No person(s) shall discharge or cause the discharge of any unpolluted waters such as storm water, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the City and Utah State Department of Environmental Quality.
2. Storm water other than that exempted under Section 11.01.060 and all other unpolluted drainage shall be discharged to such sewers, or to natural outlets approved by the City and the Utah State Department of Environmental Quality. Unpolluted industrial cooling water or process waters shall also be discharged, to a storm sewer, combined sewer, or natural outlet.
3. No person(s) shall discharge or cause to be discharged any of the following described water 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 containing toxic or poisonous solids, liquids, or other wastes, to contaminate or interrupt any sewage treatment process, constitute a hazard in or have an adverse effect on the waters receiving any discharge from the works; 8 any waters or wastes having a ph lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works; and
C. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood underground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc, either whole or ground by garbage grinders. Each user which discharges any toxic pollutants which cause damage to the Milford Treatment works shall be liable to the city for such damage and for all expenses incurred by the city in repairing those treatment works.
4. The following described substances, materials, waters or wastes shall be limited in discharges to municipal system to concentrations or quantities which will not harm either the sewers, the sludge of any municipal system, the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, public property or constitute a nuisance. The city may set limitations more severe than the limitations established in the regulations below if such more severe limitations are necessary to meet the above objectives. In setting these requirements the city will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the sewers, capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the city are as follows:
A. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
B. Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils, or products of mineral oil origin.
C. Wastewater from industrial plants containing floatable oils, fat or grease.
D. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food on commercial kitchens for the purpose of consumption on the premises.
E. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the State of Utah for such materials.
F. Any waters or wastes containing odor-producing substances exceeding limits, which may be established by the State of Utah.
G. Any radioactive wastes or isotopes of such half-life of concentration as may exceed limits established in compliance with applicable State of Federal regulations.
H. Quantities of flow, concentrations or both which constitute a "slug" as defined herein.
I. Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
J. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
5. If any water 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 are determined by the city to have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:
A. Reject the wastes;
B. Require pretreatment to an acceptable condition for discharge to the public sewers;
C. Require control over the quantities and rates of discharge, and/or wastes not covered by existing taxes or sewer charges under the provisions of this article. If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city and the Utah State Department of Environmental Quality.
D. A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
E. Details of wastewater pretreatment facilities.
F. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
6. All measurements, tests, and analysis 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. Sampling methods, location, times, duration’s, and frequencies are to be determined on an individual basis subject to approval by the city.
7. No statement contained in this part 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.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.070 Disorderly Conduct
No persons shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances or equipment that is a part of the wastewater facilities. Any persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.080 Power and Authority of Inspectors
1. Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.
2. Duly authorized city employees are authorized to obtain information concerning industrial processes, which have a direct bearing on the kind and source of discharge to the wastewater collection system. Industrial users may withhold information when they have established that the revelation of said information to the public might result in an advantage to competitors.
3. Grease, oil, and sand interceptors shall be provided when liquid wastes containing floatable grease in excessive amounts or any flammable wastes, sand or other harmful ingredients are introduced into public sewers; 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 Utah State Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal, which are subject to review by the city. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.
4. Where pretreatment or flow-equalization facilities are provided or required for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at its expense.
5. When determined necessary by the city, the owner(s) of any property serviced by a building sewer carrying industrial wastes, shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes, Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
6. The city may require any user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:
A. Wastewater's discharge peak rate and volume over a specified time period.
B. Chemical analysis of wastewater.
C. Information on raw materials, processes, and products affecting wastewater volume and quality.
D. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer control.
7. While performing the necessary work on private properties referred to herein, duly, authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company 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 VI, Section 8.
8. Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater 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.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.090 Hearing Board
The governing body shall constitute the hearing board, as needed for arbitration of differences between the City and sewer users on matters concerning interpretation and execution of the provisions of this ordinance by the City. The board shall meet whenever a sewer user desires as long as the matter is properly placed on an agenda at a city council meeting once every three months unless their services are determined to be necessary more often by the City engineer.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
SECTION 11.01.100 Penalties
1. Any person found to be violating any provision of this ordinance 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.
2. Any person who shall continue any violation beyond the time limit provided shall be guilty of a Class B misdemeanor. Each day in which any such violation shall continue shall be deemed a separate offense.
3. Any person violating any of the provisions of this ordinance shall become liable to the City for the expense, loss, or damage occasioned the City by reason of such violation.
(Ord. Ordinance 15-2005 Sewer, Amended, 10/19/2005)
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