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HomeMy WebLinkAbout1994-11-14 95-8 ORDINANCECOUNCIL ACTION Item No. , 95-8' Date November 14, 1994 Item/Subject: Mending Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor (Public Sewers and Drains) Responsible Department: Legal The attached two items would amend the City of Bangor's sewer ordinance as follows: C.O. %95-8 would allow the Superintendent to direct the installation of outflow meters on properties suspected of discharging disproportionate quantities of uncontaminated water into the City's sewer system. if adopted, this ordinance amendment would provide an economic incentive to Bangor property owners to disconnect cellar and roof drain connections, repair deteriorated private sewers, and otherwise reduce storm water infiltration and other sources of uncontaminated water entering the City's sewer system, (cont'd on next page) Department —h Manager's Comments: Associated Information: Finance Director Legal Approval: -J�Y Wl ty?%dtl I fipst pssay- City Solicitor 'educed For Passage First Reading Referral Page 1 of 4 95-8 Aedred to Couneilor Amended CITY OF BANGOR (TITLE.) �l$(tT}(Cy Amens ng city Sewer ordinance (Chapter v, Article 9, Laws and Ordinances of the City. of Bangor) ........ Beit ordained 6y dw City Couw.B of the City of Hansa, as fotawe: MMT Chapter V, Article 9, Laws and Ordinances of the City of Bangor is hereby amended by the addition of a new Section 6.3.1, as follows: "6.3.1 Outflow Metering. whenever the Superintendent has reason to believe that a particular discharger is discharging unmetered flows into the City's POW or Public sewers in the form of storm runoff, ground water, roof runoff, subsurface drainage, or from any other source listed in Section 6.2(%) or otherwise, and that the volume of such flows, on percentage basis, exceeds the City-wide average for such flows, the Superintendent may install, or require the discharger to install, an outflow metering device, and may thereafter charge the discharger the City's cost, if any, of installing the outflow metering device and the City's cost of treating such flows as provided in the City's approved schedule of sewer fees. ALL charges imposed by the Superintendent under this subsection shall be collected in the same manner as other sewer fees established under 30-A RMtSA 5 5405." "Prior to imposing charges under this subsection, the Superintendent shall give the discharger written notice of a show cause hearing, as provided in section 16.4 of this ordinance. At the show cause hearing, the discharger shall be afforded an opportunity to show that its discharges into the City's POTS or public sewers do not include excessive rmetered flows, or that such flows were caused by an upset o unavoidable malfunction. For this purpose, the term "unavoidable malfunction" shall be defined as provided in 38 MRSA 5 359(9). In the event of excessive unmetered flows caused by an unavoidable malfunction, the Superintendent shall issue an order directing correction of the malfunction within ninety (90) days of the order date. This period may be extended for a additional period of up to ninety (90) days if the malfunction cannot be corrected within the original ninety day period due to winter weather conditions. If the malfunction remains uncorrected upon expiration of the specified period, the Superintendent shall impose the additional charges provided in this subsection retroactively to the date of the Superintendent's Order." "Imposition of additional charges as provided in this subsection shall not bar or be a prerequisite for other enforcement action under sections 16, 17 or 18 of this ordinance." Assigned to Councilor Tyler 95-8 November 14, 1994 CITY OF BANGOR (TIRE.) (Orbirm l Amending.. City.Bewer.11ydinance..(chapter v, _... Article 9, Laws and Ordinances of the City of Bangor) Be ie ordsiacd by Eke City Caundt of Us Cit eBmwer, aefdtoee: TEAT Chapter v, Article 9, Laws and Ordinances of the City of Bangor is hereby amended by the addition of a new Section 6.3.1, as follows: "6.3.1 whenever the Superintendent has reason to believe that a particular discharger is discharging unmetered flows Into the City's POW or public sewers in the form of store water, ground water, cellar drains, roof runoff, subsurface drainage, or from any other source listed in Section 6.2(k) or otherwise, and. that the volume of such flows, on a percentage basis, exceeds the City-wide average for such flows, the Superintendent may install, or require the discharger to install, an outflow metering device, and may thereafter bill the discharger for the City's cost, if any, of installing the outflow metering device and for the City's cost of treating such flows s provided in the City's approved schedule of sewer fees.^ - IN CITY COUNCIL 95-8 November 14, 1994 ORDINANCE First Reading Referred to Appropriate 1 TITLE.) d..anA1n> City Sex r Ordlnence Eomes fee' - Chapter V, Article 9, Laws and Ordinances _ of the City of Saneor CITY gR IN CITY COUNCIL INtroulINP.3 ani %tied by November 30, 1994 Passed As Amended by /£ Substitution Vote: 6 Yes, 2 No - liWvi Councilors Voting Yes: Blanchette, Cohen. Popper. Saucy, Sullivan d Tyler Co ilors V Ing No: Baldacci d Frankel CITY tyLEX& � '"