HomeMy WebLinkAbout1986-08-25 86-351 ORDINANCEIntroduced by Councilor 0ullly August 25.1906
Suspension of EM Rules "
CITY OF BANGOR
(TITLE.) (J0rDft=rBr ARiP.P5lln9 Cdaetez s.._Azticle s_ -_Mae of
Public Sewers and Drains
Be U ordained by the City CouuoU of City wFBAspr, asfoUops:
a
06-351
ORDINANCE
In City Council August 25,1906 ( TITUE.) Amending Chanter VrAx
Suspension of:tM rules passed
referedto public works consider Use o£Ipublic Severs and Drains
next meeting
p (% J C�' i.ti„-,� hd ond filed G/
Ctyce �, a O.e
-
In City Council September 8,1986
B Yes 1 Absent passed
Voting Yes BrownjCOA,FreNxl,lebomita,
Me Cartby,TSlley,NTeeler, Willey
Absent Sullivan
Chapter V, Article 9
Sec. L --1(1.7)
• ARTICLE 9 - USE OF PUBLIC SEWERS AND DRAINS
Sec. 1 Definitions. Unless the content specifically indicates otherwise,
the meaning of terns used in this Ordinance shall be
as follows:
1.1 *Biochemical Oxygen Canard" (B.O.D.): the quantity of
oxygen
utilized in bioGmdcal oxidation of organic matter under
standard labor8tory procedure for five (5) days at 20 degress
centigrade (20 ) expressed in milligrams per liter.
1.2 "Building Drain•: That part of the lowest piping of a
drainage system which receves the discharge from soil, waste,
and other drainage pipes inside a building and convoys it to
the building serer, beginning eight fest (81) (2.5 peters)
outside of the building wall.
1.3 "Building Sewer": The extension Croix the building drain to the
public sewer or other place of disposal.
1.4 "Cstegorfcal Pre[rea[vent Standards": The National
Pmtceatmen[ Standards specify quantities or concentrations or
pollutant properties which may be discharged or introduced to
POW by specific industrial dischargers.
1.5 "City": City of esngor.
1.6"C1g, r�": The City official appointed and designated
by the City Manager as the City Engineer for the City of Bangor
o[ his duly authorized representative.
1.7 "Combined Sewer": A sewer receiving both surface runoff and
sewage.
Council Ordinance 86-188
Passed: June 30, 1985
Ch. V, Art. 9
Sec. 1.8 - 1.17
1.8 'Cffltic sew Water and water -carried wastes nonoally
insane oto the sanitary sewers fmn dwellings, including
single-family hares, multi -family homes and hotels, £ron office
buildings, factories and institutions, but not includbg storm
water drainage or surface water drainage and rot including
industrial wastes as defined in this Section.
1.9 "Garbage": Solid waste firm the dorestic and commercial
preparatlm, corking, a i dispensing of food, and £rw the
handling, storage and sale of fwd products and produce.
1.10 "Industrial User": My non-governnnental user of the City
sewage systmn, including agriculture, forestry, fishing,
mining, manufacturing, transportation, mmenication,
electrical, gas and sanitary services and any other industrial
services discharging into the City sanitary swear system any
industrial waste, or discharging into the City sanitary sewer
system any waste other than drnrestic sewage as defined in this
Section.
1.11 "Industrial Waste": All water, water -carried solids, liquid
and gas wastes resulting frmm any industrial, manufacturing, o
food processing operation or process or fron the developeant of
any natural resource Or airy mixture of these fluids am
dareatic sewage, or any mixture of these fluids with aayo o
water or with any other liquid.
1.12 "Interference": The inhibition or disruption of a nunicipal
sewer systan, treatment processes or operations which
contribute to a violation of any requirements of its npC
permit.
1.13 "Milliorams Per Liter": This term shall he abbreviated "mg/1",
and shall mean a weight to volu a ratio. The figure appearing
before the symbol "mg/1" shall be the nu:ber of milligrams to
be found in 1 liter of the substance being tested. This figure
can be transposed to pounds per million gallons of water by
multiplying the figure appearing before the symbol "mg/1" by
8.34.
1.14 "Natural Outlet': Any outlet into a watercourse, pond, ditcgg
lake, or other body of surface or groundwater.
1.15 "Non Od. Wrsest'cWrest'c Se�we a -i Sewage in which the average '
concentration of suspended materials does hot exceed 250 ng/l
and in which the five (5) day'B.O.D. does not exceed 250 ug/1.
1.16 "NEMS': The National Pollutant Discharge Elimination System
permit PON= of the USEPA.
1.17 "Owner'; The owner, tenant, occupant or person in charge of
any building or premises, or any person acting in the owner's
behalf.
ch. v, Art. 9
Sec. 1.18 - 1.30
1.18 "Person": My individual, firm, ompany, association, society,
corparatTon, or group.
1.19 "pN . 'Ne logarithn (base 10) of the reciprocal of the
hydrogen ion concentration ezprema! in odes per liter. pH
shall be determined by standard methods as defined in this
Section.
1.20 "Pradses": My building or lot under individual ownership or
lndivTl use where water service is metered independently.
1.21 "N : Publicly awned treatment works.
1.22 "Pretreatment": The reduction of the amvnt of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater to a leas harmful state
prior to or in lieu of discharging or otherwise introducing
such pollutants into loiw.
1.23 "Pry rly Shredded Garbage": 7he wastes Emn the preparation,
cooking, aha dispensi:g of fml that have been shredded to such
a degree that all particles will be carried freely unsler the
flow conditions Messily prevailing in public sewers, with no
particle greater than one-half (1/2) inch (1.27 centirteters) in
any dimension.
1.24 "Public Sewer": A sewer in which all owners of abutting
properties have equal rights and is controlled by public
authority. ,
1.25 "Sanitary Sewer": A sewer which carries sewage and to which
storm, surface, and groundwaters are rot intentionally
adnitted.
1.26 -S aeje": A canhination of the water -carried wastes fma
residences, business buildings, institutions, and inMstrial
eatahliahments, together with such ground, surface, and
stomseaters as may he present.
1.27 "Sewage 1Yeatnent Plant": My arnangenent of devices and
structures used for treating sawage.
1.� "Sewage Works": All facilities for collecting, p ing,
treating and disposing of sewage:
1.29 "Sewer": A pipe or conduit for carrying sewage.
1.30 "Shall": is mandatory: "may" is pecndssive.
ch. V, Art. 9
Sec. 1.31 - 1.39
1.31 "S�_ Any discharge of water, sewage, or industrial waste
which in concentration of any given constituent orn quantity
of Elm exceeds for any period of duration lomerthan fifteen
(15) minutes note than five (5) times the average twenty-fmr
(24) hour concentration or flows during normal operation.
1.32 "Stardard Methods": Methods approved by the engineering
professron cf examination of waste and wastewater. Evidence of
standard methods may be subaitted by showing standard methods
approved bythe American water Works Association, the American
Public Health Association, and the Water Wllution Control
federation.
1.33 "Storm prain": (Saretimes termed "storm sewer") A sewer Tick
carries storm and surface waters am drainage, Wt excludes
sewage and industrial wastes, other than unpolluted cooling
water.
1.34"Superintendent the Sewgc Wastewater Treatment
Superintendent of the City of Barter, or his authorized deputy,
agent or representative.
1.35 "Suspended Solids Solids that either float m the surface
of, or are in Suspensionwater, sewage, o other liquids,
and Which are removablnbylaboratory filtering.
1.36 "beset": An exceptional incident in which a discharger
uninM�tiaealiy-m+tp kmMMrrasily is in a state of hon-gonplimm
with the Categorical Pretreatment Standards due to factors
beyond the reasonable control of the discharger, and including
nmc liame due to the extent caused by operational error,
Enproperly designed treatment facilities, inadequate treatnent
facilities, lack of preventive maintenance, or careless or
Enproper operation thereof.
1.37 'Waste water": Sewage.
1.38 'Waste Water Plant': Any facility genes by fhe city am used
Tor recerving and treating sewage.
1.39 "Watercourse": A chennel in whir a flow of water occurs,
either continuously or intermittently.
Ch. V, Art. 9
Sec. 2 - 3(3.2)
Sec. 2 Use of Public Sewers Raguired
2.1 It shall be unlawful for any person to piece, deposit, or
permit to be deposited in any unsanitary manner on public or
private property within the City of Bangor, or in any area
under the jurisdiction of said City, any human or animal
excrement, garbage, or other Sjectionable waste.
2.1 it shall be unlawful to discharge to any natural outlet within
the City of Bangor, or in any area oder the jurisdiction of
said City, my sewage or other polluted waters, except where
suitable treatment has been provided in accordance with this
ordinance.
2.3 Except as homina£ter 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 sewage.
2.4 The Amer of all houses, buildings, or properties used for
human occupancy, employment, recreation, or otter purposes,
situated within the City and abutting on any street, alley, o
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 his expense to install suitable toilet
facilities therein, and to cometnaot connect such facilities
directly with the proper public sewer
accordance with the
provisions of this Ordinance, within ninety (90) days after
date of official notice to do so, provided that said public
sewer is within one hundred (100) fact (30.5 meters) of the
property line. _
Sec. 3 permit Required
3.1 No person sall uncover, make any connections with or opening
into, use alter, or disturb any public sewer or appurtenance
thereof without first Staining a written permit from the City
Engineer. Any person proposing a new discharge into the system
or a substantial change in volume or character of pollutants
that am being discharged into the system shall notify the City
Engineer at least forty-five (45) days prior to the proposed .
change or connection.
3.2 The pewit shall specify whether the connection is (a) for -
residential and commercial service, or (b) for service to
establishments producing or a filing industrial wastes. In
either case, the owner or his agent mall make application on a
special form furnished by the City. The permit application
sell be supplemented by any plans, specifications, or other
information considered pertinent in the judgment of the City
E ghee e
Thpermit will be issued in accordance with the
provisions of Chapter VI, Article 0, Section ] of these
Ordinances.
Ch. V, Art. 9
Sec. 4 - 4(4.6)
Sec. 4 Installation and Connection to Public Sewer
4.1 A11 costs and expenses incident to the installation and
connection of the building sewer shall be boons by the owner.
The owner shall indemnify the City faun any loss or damage that
may directly or indirectly he occasioned by the installation of
the Wilding sewer.
4.2 A separms and inch peen building sewer shall be provided for
very 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 W the rear Wilding through an adjoining
alley, court, yard of driveway, the Wilding sewer frau the
front building may he extended to the rear building and the
whole considered as one Wilding sewer.
4.3 Old Wilding maers nay he used in connection with new
Wildings only when they are faux], on examination and test by
the City Engineer, W meet all requirements of this Ordinance.
4.4 The size, slope, align ant, materials of construction of a
Wilding sewer, and the amWAs to be used in excavating,
Placing of the pipe, jointing, testing, and backfilling the
trench, shall all conform to the requirments or the Wilding
and pl nbirg cede or other applicable rules and regulations of
the City. In the absence of code provisions the haterials and
procedures ret forth in appropriate specifications of the
A.S.T.M. and the W.P.C.F. Manual of Practice No. 9 shall
apply.
4.5 ahenever possible, the Wilding sewer shall be brought to the
Wilding at an elevation .below the hesement floor. In all
buildings in which any Wilding drain is too law W permit
gravity €lax to the public sever, sanitary sewage Carried by
such Wilding drain shall he lifted by an approved neann and
discharged to the Wilding sewer.
4.6 No person shall make correction of roof downspouts, exterior
foundation drains, areaway drains, or other sources of surfame..,�
ncff or groundwater to a Wilding s or building. drain
which in turn is noted directly orindirectlyto a public
sanitary sewer.
Ch. V, Art. 9
Sec. 4.7 - 4.8
4.7 The applicant for the building sewer permit shall notify the
City Engineer when the building sewer is ready for inspection
and connection to the public sower. The connection shall be
made under the supervision of the City Engineer, or his
representative.
4.8 All excavations for building sewer installation shall be
adequately guarded with barricades and lights so as to pmtect
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.
p c
ch. v, Arc. 9
Sec. 5 - 5(5.6)
Sec. 5 Prohibited Disoharces. M person shall discharge any of the
following substances or conditions into any
public sanitary sewor in the City, into any sewer flowing into any
public sanitary sewer in the City, or into any sewer flowing into
any waste water plant owned or operated by the City. 'These require -
vents shall apply to both sewage originating in the City Of B"M
and the Towns of 9anoen ani Harmm.
5.1 Storm Water. No person shall discharge any storm water or
ground water, roof runoff, sub -surface drainage
or any water from downspouts, yard drains, fountains and ponds,
suep pumps, septic tanks, lawn sprays, or geothernal type
heating or cooling system into any sanitary sewer. Drainage
from such sources shall be discharged into drains specifically
designated for such purposes by the City Engineer
Superintendent. Industrial cooling water my bediscMrged
into such drains on approval by the City Engineer
Superintendent. Such discharges shall amply with the
reguirarentr of M M.R.S.A. 413.
5.2 Hot SubstMces. Any liquid or vapor having a temperature
higher than one hundred and fifty degrees
Fahrenheit or sixty-five degrees Centigrade, or Mat arounts
which will cause the NPA influent temperature to exceed one
hundred four degrees Fahrenheit or forty degrees Centigrade.
5.3 Solidifiable Liquids. Any water or waste which contains oil,
plastic or other substances, whether
emulsified or not, in excess of one hundred mg/l, or which may
solidify or Moire discernibly viscuom at temperatures Mtween
thirty -tun degrees Fahrenheit and One hundred and fifty degrees
Fahrenheit or zero degrees Centigrade and sixty-five degrees
Centigrade.
5.4 Plaamable Materials. My gasoline, Mnsene, naptha, fuel oil
or other flaamble or explosive liquids,
solids or gases.
5.5 Solids. Solid or viscuous substances in quantity capable o&...
causing obstruction to the flow of sanitary sewers .
or of interfering with the operation of the waste water
treatment works. -Snch substances include but are not limited
to acids, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole blood, manure, hair,
animl wastes, parts of bodies of animis, lore slurry, lime
residue, paint residues, fiMrglass or bulk solids.
5.6 Garbage. My garbage except properly shredded garbage.
an. v, Art. 9
Sec. 5.7 - 5.10
5.7 Gaseous and Other Harmful Substances. My mxious or
malodorous substance
which can form a gas, which, singly or by interaction will:
other wastes in the sewage system, is capable of Causing
objectionable More or hazards to health, life or property or
which by itself or in combination with other substances in the
sewage system form solids and) concentrations exceeding the
limits established in this Ozdinance or any substance which
creates any Other Condition harmful to the structure M
treatment processes of the waste water treatment system. -
5.8 Oil aM Grease. free Or efflulsifled oil and grease exceeding
an average of one hundred ag/1 or eight
hundred aM thirty pounds per million gallons of either oil or
grease or any combination of oil and grease if it appears net
the amounts Of oil and grease can do any of the following:
deposit grease w oil on the sanitary armor lines in such a
nanner s to ring or interfere with flow of sewage, overload
the grease handling equipment of the waste water system, will
mt he capable of being treated by the waste water treatment
processes of the City or will have any harmful effect on the
treatment process or ton treatment equipment due to the nature
aM quantity of the substances.
5.9 Acids and Alkalis. Acids or alkalis, or waters containing the
same, having a pt value lower than 6.0 or
higher than 8.5.
5.10 Salts. Salts of heavy uetals in solution or suspension in
concentrations toxic to biological waste water
treatment processes or in concentrations sufficient to
adversely affect sludge disgestion processim or any other
biochemical, biological or other waste water treatment process
or Harmful m the biology of the receiving stream to which the
flow of the waste water treatment facility discharges, o
exceeding any Of the following limits: and in an case stall
ekceed say of the following limits:
Toxic Substance
Onva
/1
CaAmium
-b
0.02
Chromium
-1
lA
Capper
-i
1y0
toad
�4-
o.lo
Mercury
AO?-
0-002
Nickel
-3
1.0
Zinc
3
1.5
M. V, Art. 9
Sec. 5.11 - 5.16
x.11 Otber Elements. My other elements which will damage
collection facilities or he detrimental to
the treatment processes or W the receiving stream to which the
effluent of the waste water treatment facility discharges.
5.12 Cyanide. Cyanide or cyanogen compounds capable of liberating
hydrocyanic gas or acidification in excess of two
W/1 as Cx.
5.13 Radioactive Materials. Radiaective-nvtertalsdefix i -as
�dousmateriaisuider-4edeeai-lmrs
amga@PHea43ara§'+1Miena.-iawlu6}^4anYsubctanca wgiuedLy
NR MS.-9�eparcmenEOFdav tts@ser t#secs-gavaal4+%r,-Paska9in+9
er-9}'peA-paokag}�si.w�ar..regwlatz�ws-fauna.-i,.4acFaau.4aati
My radioactive wastes o isotopes in
excessive amounts or of such half-life
or concentration as may exceed limits este is n amlicable
Federal, State or Cicv 14rnIlations including any substance
rewired by the United] states Ceparteent of Transportation to
he A ck i or B wrier 49 CFR 1"13.926.
5.14 Tests Producing Substances. My waste waters containing
phemis or other taste producing
substances in such concentrations as to produce a detectable
Nor or taste in the stream or other water course receiving the
effluent from the treatment facilities.
5.15 Miscellaneous. Materials which cause unusual concentrations
of inert solids such as fuller's earth or other
solids such as sodium chloride, calcium chloride or shim
sulphate. Materials which cause excessive discoloration, such
as but cot limited to dye snares and.tarming solutions.
Materials which cause excessive turbidity. Materials which
cause unusual biochemical oxygen demand or an fmnediate oxygen'
demand. Materials with a high hydrogen sulfide content.
Materials with unusual flaw and concentration of wastes
constituting "slugs" as defined herein.
5.16 Tonic Substances. My other toxic substances hereafter
determined by the eicy-Pngineer Wperfm u
tendent by local regulation to not be amenable to treatment or
reduction by the wastewater treatment processes of the City or
which might interfere with the effectiveness of the treatment
plant's processes or which might1t the mtential eM use8
of the treabrent plant's sludges.
In. V, Art. 9
Sec. 5.17 - 5.20
5.17 EPA Requirements. Any substance or material prohibited under
40 CFR Part 403, in particular 5 403.5(a)
and (b). Also any other substance or material which results in
a violation by the discharge of which discharge sults in the
violation of the gulations, now or her of
bubTv. including the U.S. EPA. Anv industrial sewer
5.18 If any waters or wastes are discharged, or are proposed to his
discharged to the public sewers, which waters mntrin the
substances or possess the characteristics enurerated in this
Section and which in the judgwent of the rtt Tnglracer
Superintendent may have a deleterious effect upon the sewage
works, processes, equiprent, or receiving waters, or which
otherwise create a hazard to life or constitute a public
nuisance, the Efty-engineer Superintendent may:
(1) Reject the wastes,
(2) Require pretreatment W an acceptable condition for
discharge to the public sewers,
(3) Require control over the quantities and rates of discharge,
and/or
(4) Require payment to cover the added cost of handling and
treating the wastes.
If the eityOgineer Superintendent permits the pretreatrent or
equalization of waste flows, the designandinstallation of the
plants and eWiprent shall be subject W ths, review and
approval of the Cacp-Eag r Superintendent, and subject to
the requirerents of all applicable cures ordinances, end laws.
Whom preliminary treatment or flow-egualizipg facilities are
provider] for any waters or wastes, they shall be maintained
continuously in satisfactory and effectiveoperationby the
owner at his expense.
5.19 Grease, oil, and sand interceptors shall he provided when, Enin
the opinion of the City Engineer, they are necessary for the
proper handling of liquid wastes containing grease in excessive
amounts, or any flamable wastes, sand, or other harnful -
ingredients; except that such interceptors spall not be
required for private living quarters or dwelling units. All
interceptors shall he of a type and capacity approved by the
City Engineer, and shall be located as W he readily and easily
accessible for cleaning and inspection.
5.20 No discharger shall increase the use of potable or process
water in any way, for the purpose of diluting a discharge as a
partial or auplefe substitute for adequate treatment to
achieve ¢appliance with the standards set forth in this
Ordinance. in determining the mount of pollutants discharged,
quantity limits shall take precedence over concentration
limits.
M. V, Art. 9
Sac. 6 - (6.3(5)
Sec. 6 Industrial Discharges - Parmit Anolication
6.1 It shall he unlawful to discharge industrial wastes to any
Boxer within the City orth
any sewer connecting to e City's
sewer systan within the
Towne of Hanpden and Henson without
having first cooplied with the terns of this Ordinance.
6.2 Ald-indusEefal-a:__`--� ashal]_obtaiavastewate�dischaz6e
' penuEseaBotherwiee-.so�rt>lY-wi+A-a1�Uare-o€-td�iaBWiwaace
GrdA nicety{99}dayeafEeetA�e€faetivada6sof-this
lXdarrame.
6.2 Industrial dischargers shall omplete and file with the City a
disclosure declaration in the form prescribed by the City and-
accrnq mniedtytheepproTaiate-Eee. Existing industrial
dischargers shell file disclosure form; within sfrtyt" thirty
(30) days after being notified by the City, and proposed new
dischargers shall file disclosure fonre at least nicety (90)
days prior to connectiml the municipal wastewater facilities.
The disclosure to he made by the discharger shed m made on
written fours provided by the City and] shall cover:
(1) Disclosure of nase, address and location of the
discharger.
(2) Disclosure of Standard Industrial Classification (SIC)
number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amerdbd.
(3) Disclosure of known or suspected to be presented
wastewater constituents and characteristics including but
hot limited to those mentioned in this Ordinance. Any
smnpling and analysis that is required by the City shall
be performed in accordance with procedures established by
the D.S. EPA and contained in 40 CPR Part 136, as amended.
11ne acts of all such sampling, analysis and reportiM
shell be fully home by the Industrial discharger.
(4) Disclosure of time and duration of discharges.
(5) Disclosure of average daily and instantaneous peak �""...
wastewater flow rates, in gallons per day, including
daily, monthly and seasonal variations, if any. All floes
shall he ne red unless other verifiable techniques am
approved by the City due to cost or nonfeasibility.
Ch. V, Art. 9
sec. 6.3(6) - (12)
(6) Disclosure of site plans, floor plans, mechanical and
phmhig plans and details to show all sewers, sewer
connections, inspection manholes, selling chambers and
appurtenances by size, location and elevation.
(7) Description of activities, facilities and plant process on
the premises including all msrerials which are or may be
dischry d to the sewer works of the City.
(8) Disclosure of the nature and concentration of any known or
suspected pollutants or materials prohibited by the
Ordinance in the discharge, together with a statement
regaoiiog whether or not conpliance is being achieved with
this ordinance on a consistent basis and if not, whether
additional operations aM maintenance activities and/or
additional pretreatment is required for the discharger to
comply with this ordinance.
(9) Disclosure of each product produced by type, amount,
process or processes and rare of production.
(10) Disclosure of the type end mmunt of raw materials
utilized (average and maximum per day)
(11) All disclosure forms shall be signed by the principal
executive officer of the discharger, arNo-§nali£ie&
engirees.
ch. V, Art. 9
Sec. 7 - 7.5(1)
Sac. 7 Industrial Dische Wastebate[ Diachary¢ Fl+[mits
7.1 %mtewater discharge permits shell be expressly subject to all
provisions of this Ordinance and all other regulations, use[
charges and fees established by the City. The conditions of
wastewater discharge permits shall be unifornly enforced in
accordance with this Ordinarce, and applicable State and
Federal regulations.
7.2 wastewater discharge permits may ingose effluent restrictions
or limits on the discharger if the Cfryfolt mer Superintendent
determines that such limits are necessary to protect the
quality of the treatment plant influent, effluent, or sludge,
r to maintain ompliance with any applicable Federal or State
law.
7.3 Permits shall Ce issued for a specified time period, not to
exceed five (5) years. A pernit may be issued for a period of
less than one (1) year, o may he stated to expire on a
specified date. TM terms and conditions of the permit may be
subject to nrdification and change by the Eity-6egi*eae
Sucerintendent during the life of the permit, as limitations or
requvrenents are �rodified and changed. The user should be
infornrd of any proposed changes in hispermit at least forty-
five (45) days prior to Ute effective date of charge. MY
change or new conditions in the permit shall include a
reasonable tine schedule for cwpliance.
7.4 wastewater discharge permits a issued to a specific
operation. A wastewater discharge cernft shall not be
reassigned or transferred or sold to a new weer or a new user,
different premises, or a new or changed operation. To
facilitate the issuance of nem, Separate permits, the arty
cngiaeae superintendent my allow new owners or individuals w
operate an existing wastewater discharge parnit for a period
not to exceed ninety (90) days.
7.5 any user wbo violates the follwiW conditions of his permit,
or of this Ordinance, or of applicable State and Federal
regulations, is subject to having his permit revoked.
Violations subjecting a user to possible revocations of hiti'
permit include, but are not linitad to, the following:
(1) Failure of a user to accurately report the wastewater
constituents and characteristics of his discharge; -
Ch. V, Art 9 -
Sec. 7.5(2)-7.6.3
(2) Failure of the user to report significant changes in
operations, or wastewater constituents and
oneracteristics;
(3) Refusal of reasonable access W the user's premises for
purpose of inspection or monitaring;
(4) Violation of conditions of the permit.
7.6 More additional pretreatnent mWor operation and maintenance
activities will be required to comply with this Ordinance, the
discharger shall provide a declaration of the shortest schedule
by which the discharger will provide such additional.
pretreatment aid/or iMlementation of additional operational
and maintenance activities.
7.6.1 The schedule shall contain milestone dates for the
commencement and crnpleticn of major events leading to
the construction ate operation of additional -
pretreatnent required for the discharger W comply with
the requirements of this Ordinance including, but not'
limited W, dates relating to hiring an engineer,
cc pleting preliminary plans, crnpleting final plans,
executing contracts for major components, commencing
construction, completing construction, and all other
acts necessary W achieve oapliance with this
Ordinance.
7.6.2 Under no circustances shall the City permit a time
increment for any single step directed toward compliance
which exceeds nine (9) sonths.
7.6.3 No later than fourteen (14) days following each
milestone date in the schedule and the final date for
compliance, the discharger shall sutmit a progress
report to the City including no less than a statement as
W whether or not it cumplied with the increment of
Progress represented by that milestone date and, if cot, '
the data on which it expects to comply with this
increment of progress, the reasom for delay, and the
steps being taken by the discharger to return the
construction to the approved schedule.
Ch. V, Art. 9
Sec. 8 - 8.4
Sec. 8 Monionelm
8.1 All industries discharging into a public sewer shall perform
such monitoring of their discharge as the City Engineer and/or
duly authorizes enployces of the City may reasonably require,
including installation, use and maintenance of monitoring
egdipeent, keeping records and reporting the results of such
monitoring to the eilyEtgineee superintendent. Such recoNa
shall he made available upon request by the C'itp-Ldgineer
suporintenlent to other agencies having jurisdiction over
aischaraes to the receivinw waters. The industrial discharger
8.2 Each discharger shall provide and operate at the discharger's
own expense, a monitoring facility W allow inspection.
sampling, and flow measurement of each sewer discharge to the
City. Each monitoring facility shall be situated on the
discharger's premises, except where such a location would be
impractical or cause undue hardship on the discharger, the City
may concur with the facility being constructed in the public
street or sidewalk area provided that the facility is located
an, that it wil not be obstructed by landscaping or parked
vehicles. There stall be ample roan in or near such sanpling
facility to allow accurate saxpling and preparation of samples
for analysis. The facility, sampling, and neasdring equiprent
shall be maintained at all times in a safe and proper operating
condition at the expense of the discharger.
8.3 All monitoring facilities shall be constructed and maintained
in accordance with all applicable local construction standards
and specifications. Cmstructidn shall be oapletes within one
hundred twenty (120) days of receipt of permit by discharger.
8.4 The City may inspect any portion of the discharger's premises
to determine crspliance with the requirarents of this
Ordinance. The discharger shall allow thea City or its
representatives W enter upon the pranises of the discharger at
all reasaable brine, for the purposea of inspection, sanpllft7g .
or records examination. The City stall have the right to set
W on the disctarger's property such devices as are necessary
W concuct sarpling, inspection, oapliarce monitoring and/or
metering operations. In the event that an industrial
discharger i n or has previously been in ron-m�pliarxe with
urs ordinanceorwith the discharger'a parmft, the disc2a—=r
shall berequired to my tla full cast at all additional
li dna anal is that the City my conduce to determine
1 ustriai orae a
epee's cp ante ... t s manes.
Ch. V., Art. 9
Sec. 8.5 - 9.2
8.5 All measurements, tests, end analyses of the characteristics of
waters and wastes to which reference is made in this ordinance
shall to determined in accordance with the latest edition of
"Standard Methods for the Examination of h9ter and Wastewater",
rublished by the Mericen Public health Asecciation, and shall
be determined at the control mmohoid Mn ole provided, or upon
suitable samples taken at said control manhole. In the event
that no special maNnle as been required, the control manhole
shall be considered to be the nearest point at which the
building sewer is connected. Saipling shall M carried out by
customarily accepted methods to reflect the effect of
constituents upon the sewage works and M determine the
existence of hazards to life, limb and property. (the
particular analyses involved will determine whether a twenty-
four (24) hour coupesite of all outfalls of a premise is
appropriate or whether a grab sample or samples should be
taken. actually, but net always, BJII and suspended solids
analyses are otimined from twenty -faun (24) Mur cvgposites of
all outfalls whereas pH's are detetninet from periodic grab
samples).
Sec. 9 National Pretreatment Standards
9.1 National Categorical Pretreatment Standards as pramrlgated by
the U.S. Environmental Protection Agency (EPA) pursuant to the
Pct shall be met by all dischargers. M application for
mxxli£icatien of the National Categorical pretreatment standards
may be subarted to the Pagional P inistrator by the City when
the City's wastewater treatment systan achieves consistent
renewal of the pollutants as defined by 40 CFR Sec. 403.7.
9.2 Any discharger subject M a National Categorical pretreatment
Standard as defined in Sec. 1, Subsection 1.4 of this
Ordinance, after the co pllance date of such Natimal
Categorical Pretreatment Standard, or, n the case of a
discharger,after casuencesent of the discharge to the City
sewer system shall submit to the Cfty during the months of June
and Eeman er, unless required more frequently by the City, a
report indicating that nature and concentrations, of known o
suspected prohibited and/or regulated substances in the
effluent which are limited by the National Categorical
PretreaOrent Standards hereof. In addition, this report shall
include a recard of all measured or estimated average and a
maximum daily flows during the reporting period. Flows shall
Ch. v, Art. 9
Sec. 9.2 - 12.2
he reported on the basis of actual measurement, provided
however, where coat or feasibility considerations Justify, the
City nay, accept reports of average and mmimun flows estimated
by verifiable techniques. Tho City for good cause shown.
considering such factors as local high or lav flow rates,
holidays, budget cycles, or other extenuating factors may
authorize the submission of said reports an conchs other than
those specified move.
Sec. 10 Records. All dischargers subject to this ordinance shall retain
and preserve for no less than three (3) years any
cards, books, documents, mmoranda, reports, mrrespodence
and any and all sundries thereof, relating to munitori1g,
smpling and chemical analyses rade by or on behalf of a
discharger in connection with its discharge. All records which
pertain to matters which are the subject of Administrative
Adjushnent or any other enforcement or litigation activities
brought by the City pursuant hereto shall be retained and
preserved by the discharger until all enforce rent activities
have concluded and all periods of limitation with respect tO
any and all appeals have expired. The City shall have the
authority to inspect and copy all userecords pertaining m
their discharges including Material Safety Cars Shears.
sec. 11 state %puirements. State requirements and limitations on
discharges to the municipal wastewater
facilities shall be met by all dischargers which are subject to
such standards in any instance in which they are wre stringent
than Mederal regairements ad limitations Or those in this Or
any other applicable ordinance.
Sec. 12 Public Access
12.1 Infornition and data furnished W the City with respect m the
nature and frequency of discharge shell he avialable to the
public or other government]. agency without restriction unless
the discharger specifically requestsand is able tc
dmOnstrat he Me satisfaction of the City that the release
of such infatuation would divulge infonration, processes o
mechols of production entitled tO protection as trade secreta
or proprietary information of has discharger. lat.,
.12.2 wnm requested by a discharger furnishing a report, the
portions of a report which may disclose trade secrets or
secret processes shall rot be made available for inspection by
the public but stall he made available upon written request to
governmantl agencies for uses related to this Ordinance, the
Ch. V, Art. 9
Sec. 12.2 - 14.3
National Pollutant Discharge Elimination System (NPDES) permit,
State of Maine waste Discharge License Certificate and/or the
Pretreatment Programs; provided, hwaver, that such portions or
a report shall be available for use by the State of any State
agency in judicial review of enforcement proceedings involving
Ohs discharger furnishing the report. wastewater c retituents
and characteristics will not as recognized as confidential
information.
Sec. 13 Special Agreements. No statement contained in this Ordinance shall
-
be construed as preventing any special
agreement Or arrangements between the City and any industrial
concern whereby an industrial waste Of unusual strength or
character may be accepted by the City for treatment, subject to
payment therefore, by the industrial concern, provided that such
agreements m not contravene any requirements of existing Federal
laws and are compatible with any beer charge and industrial cost
recovery system in effect.
Sec. 14 Private Swede Disposal
14.1 Where a public sanitary or contained sewer is not available
under the provisions of Sec. 2, the building sewer shall he
connected to a prviate sewage disposal system carplyirg with
the provisions of this Section. Connections; shall also
amply with the State Of Maine Plumbing Cade, Part II,
9IDsurface wastewater Disposal Regulations.
14.2 Before oamencement of construction of a private sewage
disposal systam the Owner shall first obtain a permit from the
Plu lhg Irepector. The application for such permit shall be
made on a form furnished by the Maine Department of Hunan
Services, Division of Health engineering, which the applicant
shall supplement by any plans, specifications, and other
information as are deemed necessary by the Plumbing Inspector.
14.3 A permit for a private sewage disposal system shall hot beome
effective until the installation is coupleted to the
satisfaction of the plumbing Inspector. He shall be allowed
,,.�,-
to inspect the work at any stage of construction and, in any .�,
event, the applicant for the permit shall notify him when the
N work is ready for final inspection, and before any underground
portions are covered.
Ch. V,Art. 9
Sec. 14.4 - 15.1
14.4 The type, capacities, location, and layout of a private sewage
dispuel system shall comply with all recommendations of the
Department of public Health of the State of Maine, and shall M
in compliance with the State of Maine Plunhing Cade, Part II,
Subsurface Wastewater Disposal Fegulations, and the Minimun Int
Siw law (12 M.R.S.S. C. 423-A). No permit shall be issued for
any, private sewage disposal systen employing subsurface soil
absorption facilities where the area of the lot is less Nan
COD acre. No septic tank or cesspool shall be permitted to
discharge to any natural outlet.
14.5 At such timea public sewer bees available to a property
served by a private ttm
vate sewage disposal system, as provided in Sec.
2, a direct connection shall he made to the public sewer in
compliance with this ordinance, anal my septic tanks,
cesspools, and similar private sewage disposal facilities shall
be abandwmed and filled with suitable materials.
14.6 The owner shall operate and maintain the private sewage
disposal facilities in a sanitary nanner at all tires, at no
expense to the City.
14.7 No statement contaired in this article shall be construed to
interfere with any additional requirarents that nay be imposed
by the Plumbing Inspector.
14.8 When a public sewer femmes available, the building sewer shall
be connected to said sewer within sixty (60) days and a private
sewage disposal system spall he cleaned of sludge and filled
with clean bank -run gravel or dirt.
Sec. 15 '..ele'c't mk-Bfstxsak Haptage Disposal.
15.1 Any individual or firm engaged in the business of cleaning
septic tanks or sanita term holding tanks may discharge the
contents of said tanks at the Pollution Ahateaent Facility
located on lower Main Street, ia-Nue-mammee'-aMaE-Ne
deaaciesdeeigwbe9-4ytke�ity-regiaeer. The hours of
disposal shall be between 9 A.M. and 3 P.M. on Monday through
Friday, except holidays. Trucks having a volume gauge or a
sight glass will to charged at the prescribed rate per 1,000'1.
gallons for the actual volua delivered to the plant; trucks
not having a gauge, ureter, or other answering device
satisfactory to the Superintendent or his representative will
he presumed to be full, and will be charged at the same rate
for the entire vobme of the truck. Any individual or firm
who dumps at another location within the City of Bangor or at
a time other than as specified above, will he prosecuted in
accordance with the provisions of 30 M.R.S.A. 34105.
Ch. V, Art. 9
Sec. 15.2 - 16.4
15.2 If at any time, in the opinion of the City-Elginser
Superintendent the discharge of septic tank waste is placing
an encase ve burden on the treat znt process at the Petbutim
AtetemnK"Facttity Wastewater Treabrent plant, or is otherwise
causing a nuisance, then the giEy-klx}treee Surerinte� nt may
refuse to permit the disposal of said waste at the plant, ani
town.
-Hmrw�mata-br[rarsp�[ted-ro-mroelfer-ef[Ye
mwn.
Sec. 16 CPeration of Private Psm stations and Treatent plants
16.1 The operation of all privately arced pump stations, lift
stations or ejector standards for the purpose of pnping
sanitary sewage shall be subject to the approval of the City
Engineer; and shall be subject to inspection as outlined in
Sec. S of this Crdinanca.
16.2 All private pump stations, lift stations or ejector stations
dull be equipped with at least two paps, each of which shall
have a capacity to pump the total design flow of the facility,
and each being provided with automatic switches which will
insure uninterrupted operation in case of overload or failure
of the other. In addition, the pump statim facility shall
have an approved standby gasoline or diesel generator system
of sufficient capacity to operate the props in case of power
failure, and shall also be equipped with an approved alarm
system designed tC provide warning in case of mechanical
failure.
16.3 All sewage pump stations, lift stations and ejector stations
and attendant facilities stall be properly maintained by a
qualified mechanic or operator, and a proposed schedule and
method of maintenance shall he subject to the approval of the
City Engineer.
16.4 No person or firm shall construct or operate a private sewage
treatment facility without first obtaining the necessary waste
discharge permits fmn the state Department of Environmental
Protection. the operation of such plants shall meet all
requirements as may be set forth by the State. If, in the -
opinion of the su@eeiMe rent City Engin r the operation oiL •�
any privately owned sewage treatment plant is considered to be
unsatisfactory and is creating a nuisance, than the
�ipeeinK4edeM City Engineer shell immediately notify the
State Department of Environmental Protection of the problem.
-'A>e•6npeMn[enden!-eM NiZ other duly authorized employee of
the City shall have the right to inspect said facilities as
provided in Sec. 8.
Ch. V, Art. 9
Sec. 17 - 19.1(3)
Sec. 17 Sewer Use Charges
17.1 All parsons, £inns and cot ations within the City of Bangor
who, are, or will be, corrected into the City sewage system
shall he subject to a sewer use charge. A schedule of charges
shall to established from tine W time by the City Council, W
W Weed upn the velure and/w type of sewage discharged into
.the systed. the schedule of chargee sMll he such that the
WW1 revenues obtained shall cover the cost of ornistruc[ion,
operation and maintenance of the entire system.
17.2 the schedule of sewer use charges SM11 M subject W the
approval of the state Department of Environmental P Otectim
and the D.B. EPA. 9 schedule of charges may M changed from
time W tine W conform with new State and/or Federal criteria
and W conform W the "went costs of construction, operation
and maintenance. The current schedule of user charges, the
method of ineaaumm3nt and collection, and all other
regulations pertaining thereto shall be posted or available
for inspection in the office of the City Clerk.
Sec. 18 administration and Enforcement. The administration and enforcement
of this Ordinance shall be the
responsibility of the City Engineer of the City of Bangor.
Sec. 19 violations
19.1 Any industrial waste discharger who experiences an upset in
operations, which places the discharger in a temporary,
instantaneous or ptOlonged state of non-capliance with this
Ordinance shall inform the edty Sum tandem thereof
fnnodiately upon first awareness of the upset. A written
follorup report shall be filed by the discharger with the
£ity Superintendent within two (2) weeks. The report shall
specify:
(1) Description of the upset, the cause thereof and the
upset's impact on a diacMrger compliance status.
(2) wratim of ncn gliance, including exact dates and ira
times of nm- fiance, and if the ncn m liana
continues, the tine by which compliance is reasonably _
expected W ower.
(3) All steps taken or W be taken W reduce, eliminate and
prevent occurrence of such an upset or other conditions of
ton�liance.
Ch. V, Art. 9
Sec. 19.2 - 19.5
19.2 If the City Engineer shall find any provision of this ordinance
being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of the
violation and ordering the action necessary, to correct it.
19.3 The City may for goad cause sham suspend the wastewater
treatment service to a dischargerN
when it appears to e City
that an actual or threatened discharge presents or may present
an Brent or w1hatantial danger to the health or welfare of
persons, substantial danger N the en resent, interfere win
the operation of the sunicipal wastewater facilities or violate
any pretraebumt limits inposed by this ordinance. My
discharger notified of the suspension of the C ty`s wastewater
treatment service shall iaaediately cease all discharges. In
the event of failure of the discharger to couply voluntarily
with the suspension order, the City shall take all action it
dem necessary, including imnudiate severance of the sewer
wwection, N tarmiwce former disctargefrw the
discharger's preaises into the system. In addition, the City
Solicitor is authorized to take all necessary action, including
but net limited to the crmanaannnt of litigation in the nae
of the City of Bangor, to cuspal or obtain the discharger's
cuspliance with such order and N temirate any further
discharges frena the discierger's pranises into the system.
19.4 Vfien the violation is net corrected by timely ca pliance, the
City may order any discharger who causes or allow% cvMuct
prohibited by this sever user ordinance hereof, to show cause
before the City why the proposal service tenniwtion action
should not be taken. A written notice shall be served on tie
discharger by personal service, certified or registered, return
receipt requested, specifying the tine ani place of a hearing
to be held by the City regarding the violation, the resume why
the enforcement action is N he taken, the proposed enforcement
action, and directing the discharger to ehow cause before the
City why the proposed enforcement action should net be taken.
The notice Of the hearing shall be served no less than can (101
days before the hearing. Service may be made re any agent,
officer, or authorized representative of a discharger. 'Rre
proceedings at the bearing shall be considered by the City
which shall then enter appropriate orders with respect w they
alledged improper activities of the discharger. appeal of such
orders may be taken by the discharger in accordance with
applicable local or state law.
19.5 In the even[ N t tM C4 f M Industrial 'schazoe
he in nw�nlrance w1[h Nrs (hdlnance or with di ha
emit issued b Hx Cit the Crt my'
a at its new, t to
reemenc w the eschar 1 ance schedu e
[o elurarete the cause of the violat won If no a regiment can
he reached, the City can sedate a oyialrance schedule to the
Industrial olsrha[ger. The eom&M schedule as include an
mor Nevis usCrra sT cha'rate use of the
dL V, art. 9
Sec. 19.5 - 22
City's sewers for the discharge of the undesirable wastewater.
xE Ne Iiluatrial Oise rqe[ Ea la to meet the conpl a
schedule, or has a historical record o£ violations, or las
M to report a violation cord con W the Superintendent,
the City is required, unaer tea Pretreaisent Standards, to fine
the discharger inSignificant Nor,Compliance. The City i
required by ren cal
law to wblish the names of all dischargers
ni 9pr£virant Ibn= luxe no's laroeac �rexspaper,
to take legal corrective action against the discharger and to
report the aisrtamer co sea �icn I in Boston, Massachusetts.
See. 20 Adninisteacive Review. Any, discharger of any interested party
snail have the right W request in writing
an interpretation or ruling by the City Engineer
on say matter
covered by this Ordinance and shall he entitledto a prrn�t
written reply. In the event that such inquiry is by a
discharger and deals with matters of perfomance or wipliance
with this ordinance for which enforcement activity relating W
an alleged violation is the subject, receipt of a discharger's
request, shall stay all enforcement proceedings pending receipt
of the aforesaid writtan reply. Appeal of any order of the
City Engineer entered pursuant W this ordinance may be
appealed to the Superior Court in accordance with Rule BOB,
Maine Rules of Civil procedure.
Sec. 21 legal Action. When any violation of any provision of this
Ordinance is found to exist, the City Solicitor is
authorized in the mane of the City of Bangor, upon direction of the
City Engineer, to institute any all all proceedings he deems
necessary W obtain conpliance.
Sec. 22 penalties. My person adjudged to be in violation of this
Ordinance shall he guilty of a civil violation and
shall be fined rpt less than $50.00 nor more Nan $1,000.00. Pesch
day a violation is permitted to exist after notification shall
constitute a separate offense. In addition to any penalties that
Ml; City may'inwgae, any Terson or lmustrfal discharger that
violates this
O[dvirance ylicable discharge permit shall
be required [o makeTvlviWtaon to the C t
operati.Z problems, mechanical failures, fines oc penalties,
Incurreo uY lla as a reau �tfie v of ds wastewater
a schargeeor illegal act.