HomeMy WebLinkAbout1985-05-13 85-188 ORDINANCE85-188
Introduced by Councils Cm:. [My 13, 1985
CITY OF BANGOR
(TITLE.) VYYDlliflI[CPy .Amending_ Chapter V,_A„rt cl 9 of—the, Ordinances
of the City of Bangor - Use of Public Sewers and Drains
Be it mrd dtwd by 9A Oft CamveU OW CUY ofBavyor, u fo u&
MT the provisions of Chapter V, Article of the Ordinances of the City of
6 Nor be repealed and replaced with the following:
ARrICIE 9 - ME OF PUBLIC SEWERS AND DRAINS
Sec. 1 Definitions. Unleee the context specifically indicates otherwise,
the meaning of terms used in this ordinance shall be
as follows:
1.1 "BiccFemical Dpmn Dmaml• (B.O. D.): Me quantity
of oxygen aril zei rn'i— bioch�icffi oxidation of organic
matter under standard laboratory procedure for five (5)
days at 20 degrees centigrade (200) expressed in milligrams
per liter.
1.2 "Building Main": That part of the lowest piping of a
drainage system which receives the discharge from sail,'
waste, and other drainage pipes inside a building and conveys
it to the building sewer, beginning eight feet (81)
(2.5 meters) outside of the building well.
1.3"Build" Severer": The extension from the building drain
to thenpic count or other place of disposal.
1.4 "Categorical Pratoes, meM Standards-: 'Due National Pre-
treatment Standards specifying quantities or concentrations
of pollutant properties which may be discharged or introduced
by POUR by specific industelal dischargers.
1.5 "City": City of Bangor.
1.6 "tit neer": The City official ap anted and designated
tha Crty %-ager as the City Engineer for the City of
Bangor.
1.7 "Limbired Sewer": A sewer receiving both surface runoff
and sewage.
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1.8 "Zovestic Sewage": Water and water -carried wastes normally
discharged into the sanitary sewers fran dwellings, including
single-family haces, multi -family homes and hotels, from office
buildings, factories and institutions, but not including
storm water drainage or surface water drainage and not
including industrial wastes as defined in this Section.
1.9 "fie": Solid waste frau the darestic and mimercial
preparation, making, and dispensing of food, and Eron
the handling, storage, and sale of food products and
Produce.
1.10 "Industrial User": Any non-gwemmental user of the City
sewage system,. including agriculture, forestry, fishing,
mining, manufacturing, transportation, Dann w[ion�
electrical, gas and sanitary cervices and anyotherindustrial
services discharging into the City sanitary sewer system any
industrial waste, or discharging into the City sanitary sewer
systen any waste other than domestic sewage as defined in
this Section.
1.11 "Industrial waste": All water, water -carried solids, liquid
and gas wastes resulting from any, industrial, manufacturing,
or food processing operation or process or frau the developnent
of any natural'rescurce or any mixture of these fluids and
domestic sewage, or any mixture of these fluids with any other
water or with any other liquid.
1.12 "Interference": The iMibition or disruption of a municipal
system, treatment processes or operations Mich contribute
to as violation of any requiranenta of its NW permit.
1.13 "Milligrans Per Liter": This tens shall be abbreviated
"m2/1", and shall mean a weight to volume ratio. The figure
appearing hefore the syrhol "mg/1" shall be the number of
milligrams to be found in 1 liter of the substance being
tested. This figure can he transposed to pounds per million
gallons of water by neltiplying the figure appearing hefore
the symbol "mg/1" by 8.34.
1.14 "Natural Outlet": My outlet into a atercouxse, pond,
drtU, 1 ke,,o Other body of surface or groundwater.
1.15 "Nord Domestic Sewage": Sewage in Mach the average
concentration of suspendai materials does net exceed 250
mg/l and in Mich the five (5) day B.O.O. does not exceed
250 ag/1.
1.16 "NPDPS": The National Pollutant Discharge Elimination
Bystam pewit prcgran of the PSA.
1.17 "0mer": The owner, tenant, occupant or person in charge
of any building or pranises, or any person acting in the
owner's behalf.
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1.18 "Person': Any individual, fins, onguny, association,
society, corporation, or group.
1.19 "pH": The lcyariWn (base 10) of the reciprocal of
the hydrogen lion concentration expressed in moles per
liter. pH shall he deternined by standard methods as
defined in Nis Section.
1.20 "Imodaes': Any building or lot order individual ownership
or fnarvwual use where water service is metered
independently.
1.21 "IOIN^': Publicly oared treatment works.
1.22 "Pretreatment": The reduction of fine aenmt of pollutants,
u eThnfmtion of pollutants, or the alteration of the
nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or other-
wise introducing such pollutants into P .
1.23 "Properly Shredded Oarbaie": 11e wastes frau the preparation,
cooking, and dispensing of ford that have been shredded to
such a degree that all particles will be carried freely order
the flow conditions normally prevailing in public sewers,
with an particle greater than one-half 6) inch (I.2]
centimeters) in any dimension.
1.24 "public Sewer": A sewer in Mich all owners of abutting
properties have equal rights ad is controlled by public
authority.
1.25 "Sanitary Sewer•: A sewer Mich carries sewage and to Much
storm, surface, and groudwsters are not intentionally
amnitml.
1.26 11fe": A madhination of the water-racried wastes frau
residences, business buildings, institutions, and industrial
establishments, together with such growl, surface, and
stormaters as may be present.
1.27 "Sewage Treatment Plant": My arragarent of devices
and structures aced for treating serge.
1.28 "Sewage 4brks': All facilities for collecting, pumping,
treating, and disposing of sewage.
1.29 "Sewer': A pipe or conduit for carrying sewage.
1.30 •Sha1P: Is mandatory; "may" is permissive.
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1.31 "Sion": Any discharge of water, sewage, or industrial
waste Mich is concentration of any given constituent o
in quantity of flow excends for any period of duration
longer than fifteen (15) minutes more than five (51 times
the average twenty-four (24) Mur concentration or flows
during normal operation.
1.32 "Standard Mathods": Methods approved by the engineering
profession of examination of waste and waste water. Evidence
of standard methods may he submitted by showing standard
methods approved by the American Water Works Association,
the h arican Public Health Association, and the water
Pollution Castrol Federation,
1.33 "Storm Rain': (Saretines tossed "storm sewer') A sewer
Mi5 —ca—Mhes storm and surface waters And drainage, hot
excludes sewage and industrial wastes, other than unpolluted
tooling water.
1.34 'Superintendent': 'Uxe Sewage Treatment Superintendent of
the City of Bangor, or his authorized deputy, agent or
representative.
1.35 "Suspended Solids': Solids that either float no the
surface, of, or are in suspension 3n water, sewage, or oter
liquids, and Mich are removable by laboratory filtering.
1.36 'Upset": An exceptional incident in Mich a discharger
unintentionally and to ararily is in a state of non-
mnpliance with the Categorical Pretreatment Standards
due to factors hel'ond the reasonable control of to
discharger, and excluding nonmapliance sue to the extent
caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of
preventive maintenence, or careless or improper Aeration
thereof.
1.37 'Waste Water": Sewage
1.38 "Waste Nater Plant": Any facility o tl by to City and
used for receiving and treating sewage.
1.39 °Pa[ero>tase": A chancel in Mich a flax of water occurs,
e tMe—avut nuausly or intermittently.
Sec. 2 Use of Public Sewers Reuuired
2.1 It shall he unlawful for any person to place, deposit, or
permit no 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 objectionable waste.
2.2 It shall he unlawful to discharge to any natural outlet
within the City of Bangor, orrany area u ler the
jurisdiction of said City, my sewage or other polluted
waters, except wmre suitable treatment has been provided in
accoolance with this Ordinance.
2.3 Emcept as hereinafter providel, 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 owner of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purposes,
situated within the City al abutting on any street, alley,
or right-of-way in which there is now located or may in the
future he located a public sanitary or conbined Nawar of the
City, is bereby required at his expense to install suitable
toilet facilities therein, and to construct such facilities
directly with the proper public sewer in accordance with
the provisions of this ordinance, within ninety (90) days after
data of official notice to do an, pra+ided that said public
sewer 1s within one hwndred (100) feet (30.5 maters) of the
property line.
Sec. 3 Permit Rewired
3.1 No person shall uncover, make any connections with or opening
into, use, alter, or disturb any public sever or appurtenance
thereof without first obtaining a written permit frau the
City Engineer. Pry person proposing a new discharge into the
system or a substantial change in volume or character of
pollutants that are being dischargel into the system shall
notify the Qty Engineer at least forty-five (45) days prior
to the proposed change or connection.
3.2 abe permit shall specify whether the motion is (a) for
residential and commercial service, or (b) for service to
establiaFinaMa producing ilustrfal wastes. In either case,
the owner or his agent shall make application on a special
form furnished by the Qty. The permit application shall
be supplenented by any plans, specifications, or other
information considered pertinent in the Judgment of the
City Engineer. Its, permit will be issued in accordance
with the provisions of Chapter V1, Article 8, Section 7 of
these Ordinances.
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Sec. 4 Installation and connection to Public Se er
4.1 All costs and expenses incident to the installation a i
unction of the Wilding sewer shall be borne by tho
The owner shall indeanify the Qty frcn any loss
or davage that may directly or indirectly be occasioned
by the installation of the building sewer.
4.2 A separate and independent Wilding sewer shall m
provided for every building; except where are building
stands at the rase of another onainterior lot and no
Ta
private sewer is available or can be constructed m the
rear building through an adjoining alley, court, yard or
driveway, the building sever fron the front Wilding may
W extended m the near Wilding and the whole considered
as One building sewer.
4.3 Old building sewers may be used in connection with new
buildings. Only when they are found, on nation and
test by the City EYgineer to meet all requiraoenta of
this Ordinance.
4.4 The sim, slope, alignment, materials of construction of
a building sewer, and the methods m be used in excavating,
placing of the pipe, jointing, testing and backfilling the
trerch, shall all COOmMa m the reguiresents Of the
building and plusbing code or Other applicable rules and
regulations of the City. In the abaence of code provisions
and in application thereof, the materials and procedures
set
forth in appropriate specificatdde of the A.S.T.M. al
W.P.C.F. Manual of Practice W. 9 shall apply.
4.5 Whenever possible, the building sewer shall be brought
m the Wilding at an elevation below the basement floor.
In all buildings in which any building drain is too low
m permit gravity flow m the public sewer, sanitary sewage
cried by such building drain shall be lifted by an approved
means and discharged m the building sewer.
4.6 NO par" shall make connection of roof d wnsmuts,
exterior foundation drains, areaway drains, or other
scurcas of surface rano££ or groundwater to a Wilding
sewer or building drain w ich is turn is
connected directly or indirectly on, a public
sanitary sewer.
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4.7 1 applicant for the Wilding se or permit shall
notify the City Ergiheer when the building never is ready
far inspection and connection to the public sewer. The
connection shall be made under the supervision of the
City Engineer, or his representative.
4.8 All meavations for Wilding newer installation shall
W adequately guarded with barricades and lights so
as to protect the public frau hazard. Streets, sidewalks,
parkways, ad other public property disturbed in the
cease of the work shall he restored in a manner
satisfactory to the City.
Sec. 5 F ibited dischames. No person shall discharge any of the
following substances or conditions into any
public sanitary sawar in the City, into any sewer flowing into any
public sanitary sewer in the City, or into any saxar flowing into
any waste water plant arced or operated by the City. TAese regoirs-
ments shall apply to both sewage originstixg in the City of Bangor
and the Towns of Hampden and person.
5.1 Storm hater. No person shall discharge any storm
water or ground water, roof runoff, sue
urface drainage or any water from downspouts, yard drains,
fountains and prods, sump pumps, septic tanks or lawn
sprays into any sanitary sweet. Drainage from such Mor se
shall be discharged into drains specifically designated for
such lnrposas by the City Engineer. industrial cooling
water may be discharged into such drains on approval by the
(Sty Engineer. Such discharges shall amply with the require-
vents of 38 M.R. S.A. 5 413.
5.2 H t Substances. My liquid or vapor having a temperature
higher than one hundred arch fifty delrews
Fahrenheit or sixty-five degrees Centigrade, or Mat amounts
which will cause the POW influent temperature to exceed as
hundrnd f r degrees Fahrenheit or forty degrees Centigrade.
5.3 Solidifiable liquids. My water or waste which contains
oil, plastic or other subaUroes,
whether malsified or not, in axises of are hundred 3/1,
or which may solidify or begone discernibly vistuous at
temperatures between thirty-two degrees Fahrenheit and
one hundred and fifty degrees Fahrenheit o degrees
Centigrade and sixty-five degreas Centigrade.
5.4 Fla®able materials. My gasoline, benzene, naptha, fuel
oil or other flaarable or explosive
liquids, solids or gases.
5.5 Solids. Solid or viscous substances in quantity capable
of causing obstruction to the flow of sanitary
swears or of interfering with the operation of the waste
water treatment works. Such substances include but are not
limited to acids, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wool, whole blood,
manure, hair, animal wastes, parts of bodies of animals,
lima slurry, lime residue, paint residues, fiberglass or
bulk solids.
5.6 Garbage. My garbage except properly shredded
garbage.
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5.7 Gaseous and other Manful substances. My noxious or
malodorous substance
Which can foam a gas, which, singly or by interaction with
other wastes in the swage system, is capable of causing
objectionable odors or hazards to health, life or property,
or Mich can by itself or in coubination with other substances
n the sewage systen foam solids and concentrations
exceeding the limits estahlisMl in this Ordinance or any
substance which creates any, other condition harmful ro the
structure or treatment processes of the waste water
treatment system.
5.8 Oil sun crease. Free or emulsified oil and grease
exceeding an average of one hundred M/1
or eight hundred and thirty, pounds per million gallons of
either oil or grease orany cambination of oil and grease
if it spears that the arounts of oil and grease can do any
of the following: deposit grease or oil on the sanitary
sewer lines in such a nerrer as to clog or interfere with
the flow of sewage, overload the grease handling equipment
of the waste water systan, will not 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 the treatment equipment due to the nature and quantity
of the substances.
5.9 Acids and Alkalis. Acids or alkalis , or waters containing
the same, having a pH value lower tMn
6.0 or higher than 8.5.
5.10 Salts. Salts of heavy metals in solution or suspension
in concentrations toxic to biological waste water
treatment processes or in concentrations sufficient to
adversely affect sludge digestion or any other biccdanical,
biological or Other waste water treatment process or harmful
to the biology of the receiving strewn to which the flow of
the waste water treahrent facility discharges, or exceeding
My of the following limits:
Toxic Substance
mg/1
Cadmium
1
OxrumU m
3
ocpper
3
head
.lo
Mmrcury
.002
Nickel
3
Zinc
3
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5.11 Other ele vents. My other elaients winch will damage
collection facilities or be detrimental
to the tresarent processes or to the rete ving Stress to
Which the effleunt of the waste water treatment facility
discharges.
5.12 cyanide. Cyanide or cyanogen oonpands repeals o£
liberating hydrocyanic gas or acidification in
excess of two ng/1 as cx.
5.13 Radioactive materials. Radicective materials definei as
hazardous materials under federal
laws and applicable regulations, including any suhtance
required by the United States Departm=ent of Transportation
W have Type A packaging or lype E packaging ander regulations
found in 49 M 173.426.
5.14 Taste Pnoducim SLbetances. My waste waters containing
phenols or other taste producing
substances in such concentrations as to produce a detectable
odor or taste in the strewn or other water course receiving
the effluent fess the treatment facilities.
5.15 Miscellaneous. Materials which cause unusual concentrations
of inert solids such as fuller's earth or
other solids such as sodius chloride, calcine chloride or
welim sulphate. Materials which cause excessive discoloration,
such as but not limited to aye wastes and tanning solutions.
Materials inch cause unusual biochanical oxygen dossed or
an immediate oxygen denand. Materials with a high hydrogen
sulfide content. Materials with unusual flow ani
concentration of wastes constituting "slugs" as defined
herein.
5.16 Toxic subsmems. My other toxic substances hereafter
detevnined by the City Engineer by local
regulation to not be reanable to treatment or reduction by
the wastewater treatment Processes of the City.
5.12 EPA Reeuira arts. My substance or material prohibited user
40 CPR Part 403, in Particular 5 403.5(a)
ai M. Also any other substance or material Mich results
in a violation by the discharge of the regulations, now or
hereafter existing, of any public entity, inching the U.S.
Ersironsental Protection Agency.
5.18 If any waters or wastes are discharged, or are proposed to be
discharged W the public sewers, which waters contain the
substances or possess the characteristics enuserated in this
Section ani Mich in the judgment of the City Engineer may have
a deleterious effect upon the se ege works, processes, equipnent,
or receiving waters, or which otherwise create a hazard to life
or constitute a public nuisance, the City Engineer may:
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(1) Reject the wastes,
(2) Require pretreatment to 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 City Engineer permits the pretreatment or equalization
of taste flora, the design and installation of the plants and
equiprent shall be subject to the review and approval of the
City Engineer, and subject to the reguirarents of all applicable
Codes, ordinances, and laws.
Mers lselininary treatment or flow -equalizing facilities
are ln:mM dfor any waters or wastes, they shall be maintained
continue vly in satisfactory and effective cperation by the
Owner at his expense.
5.19 Grease, oil, and sand interceptors shall be provided when, in
the opinion of the City Engineer, they are necessary for the
proper handling of liquid wastes containing grease in excessive
amounts, or any flasnable wastes, sand, or other haunful
ingredients; except that soon interceptor; shall not be required
for private living quarters or dwelling units. All interceptors
shall be of a type and Capacity approved by the City Engineer,
and shall he located as W he readily and easily accessible for
cleaning and inspection.
5.20 M discharger shall increase the use of Cotable or process
water in any way, for the purpose of diluting a discharge
as e partial or mnplete substitute for adequate treatment
to achieve ompliance with the standards set forth in this
Ordinance. In determining the a aunt of pollutants discharged,
quantity limits shall take precedence war concentration
lhnits.
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Sec. 6 Industrial Discharges - Permit Application
6.1 It shall be unlawful to discharge industrial wastes
to any sewer within the City or any sewer connecting
to the City's sever system within the 'toms of Hamplen
end Henn without having first ounplied with the teams
of this ordinance.
6.2 All industrial dischargers shall obtain wastewater discharge
permits and otherwise conply with all terra; of this Ordinance
within ninety (90) days after the effective date of this
Ordinane .
6.3 Industrial dischargers shall cmplete and file with
the City a disclosure declaration in the form prescribed
by the City, and acmmpanied by the appropriate fee.
Existing industrial dischargers shall file disclosure
forms within sixty (60) days after being notified by
by the City, and proposed new dischargers shall file
disclosure forms at least ninety (90) days prior to
connecting the municipal wastewater facilities. The
disclosure to be made by the discharger shall be rade m
written forms provided by the City and shall cover:
(S) Disclosure of nae, address, and location of
the discharger.
(2) Disclosure of Stallard Industrial Classification
(SIC) number accoxding to the Standard Indwatrial
Classification lNmal, Bureau of the Budget, 1972,
as amended.
(3) Disclosure of known or suspected to be present
wastewater constituents and characteristics including
but hot limited to those mentioned in this ordinance.
Any sampling and analysis that is required by tet
City shall be performed in accordance with procedures
established by the D. S. EPA and contained in q CFR
Part 136, as amended.
(G) Disclosure of time and duration of discharges.
(5) Disclosure of average daily and instantaneous peak
wastewater flow rates, in gallons per day, inclWimg
daily, monthly and seasonal variations, if any. All
flows shall be measured unless other verifiable
techniques are approved by the City due W cost or
nmfeasibility.
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(6) Disclosure of site plans, floor plans, mechenical
and pluobing plans and details to show all sewers,
fewer connections, inspection man ales, saeplirg
chambers and appurtenances by size, location and
elevation.
(7) Description of activities, facilities and plant
process on the prenises including all materials
which ars or may be discharged to the sewer works
of the city.
(8) Disclosure of the nature and concentration of any
known or suspected pollutants or materials prohibited
by this ordinan n the discharge, together with a
statenent regarding whether or not cuspliance is being
achieved with this Ordinance on a consistent basis
and if not, whether additional operations and
maintenance activities ad/or additional pretreatsent
is required far the discharger to canply with this
Ordinance.
(9) Disclosure of each product produced by type, annnt,
process or processes and rate of production.
(10) Disclosure of the type and mnount of raw materials
utilized (average and mrainnnn per dayl.
(111 All disclosure forms shall be signed by the
principal executive officer of the discharger, and
a qualified engineer.
(12) 'the Qty will evaluate the miglete disclosure forma
and data furnished by the discharger and may require
additional information. within thirty 130) days after
full evaluation and acceptance of the data furnished,
the City shall notify the discharger of the city's
acceptance thereof and if accepted, shall issue a
wastewater discharge peonit.
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Sec. 7 industrial Mschames - Wastewater Mscharoe Pernits
7.1 Wastewater diecharge permits shall he expressly subject
to all provisions of this ordinance and all other
regulations, user charges and fees established by the
City. The conditions of wastewater discharge permits
shall be uni£mmly enforced in accordance with this
Ordinenca, and applicable State and Federal regulations.
7.2 Wasta liter discharge permits may impcea effluent
restrictions or limits on the discharger if the City
"loser detewines tMt such limits are necessary to
Protect the quality of the treatment plant influent,
effluent, or sludge, or to maintain mmpliance with any
applicable Faieral or State law.
7.3 Pewits shall ba issued for a specified tine period, not
to exceed five (5) years. A pewit may be issued for a
period of less than me (11 year, or may is, stated to
expire on a specified date. The tens and conditions of
the permit may be subject to axdification and change by
the city E ginp_er during the life of the permit, as
limitations or requirements are acdified and changed.
The user should be inforvad of any iaopose5 cMeges in
his pewit at least forty-five (45) days prior to the
effective date of change. My change new conditions
in the permit shell include a reasonable time schedule
for ooepliance.
7.4 Wastewater dixMrge pewits are issued to a specific
operation. A wastewater diseharde pewit shall not be
reassigned or transferred or sold to a new owner or a
new user, different pranises, or a new or changed
operation. To facilitate the issuance of new, separate
pewits, the City Engineer any allow new owners or
individuals to operate an existing westevater discharge
pewit for a period no: to exceed ninety (90) days.
7.5 My user to violates the following conditions of his
permit, or of this Ordinanw, or of applicable state and
Federal regulations, is subject to having his pewit
evoked. Violations subjecting a user to possible
revocations of his pewit include, but are not limited
te, the follonirg:
(1) Failure of a user to accurately report the
wastewater constituents and characteristics
of his discharge;
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(2) Failure of the user to report significant
chznges in operations, or wastewater
ccowtituents and characteristics;
(3) Refusal of re noble access to the user's
premises for purpose of inspection or
monitoring;
(4) Violation of conditions Of the permit.
7.6 l9mere additional pretreatment and/or operation and
maintenance activities will he required to caaply with
this Ordinance, the discharger shall provide a declaration
of the shertest schedule by which the discharger will
provide such additional pretreatment and/or Wasentacion
of, additional operational and maintenance activities.
7.6.1 Its schedule shall contain milestone dates
for the aomenconent and completion of
major events leading to the construction
ancl operation of additional pretreatment
required for the discharger to canply with
the requirerenta of this adinance including,
hot not limited to, dates relating to hiring
an engineer, completing lrelimirgry plans,
completing final plans, executing contracts
for major components, ocamencing construction,
mmplecing construction, and all other act
necessary to achieve compliance with this
Ordinance.
7.6.2 Under to circumstances shall the City permit
a time indent for any single step directed
toward compliance which exceeds nine (9) ninths.
7.6.3 No later than fourteen (14) days following esti
milestone data in the schedule and the final date
for compliance, the discharger shall submit a
prcyraes report to tt City including an less
than a statement as to whether or not it omplied
with the incremok of progress represented by
that milestone date and, if not, the date on which
it expects to comply with this increment of
progress, the reason for delay, and the stags
being taken by the discharger to return the
ca atruction to the approved schedule. In no
event shall mm then nine (9) montes elapse
between such progress reports to the City.
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Sec. 8 Monitorilq
8.1 All industries discharging into a public saver shall
perforin such monitoring of their discharge as the
City Engineer and/or duly authorized eoployees of the
City any reasonably require, including installation,
use, and maintenance of monitoring equipment, keeping
records and relmrting the results of such monitoring
to the City Engineer. Such records shall he made
available upon request by the City Engineer to other
agencies having jurisdiction over discharges to the
receiving waters.
8.2 Each discharger shall provide and operate at the
discharger's own expense, a monitoring facility to
allow inspection sanpl.ing, and flax measur®ant of
each sewer discharge to the City. Each monitoring
facility shall be situated on the discharger's presses,
except where such a location would be impractical or
use 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 so that it will not be obstructed
by landscaping or parked vehicles. lhere shall he
aple roan in or near such sapling facility to allow
accurate sampling and preparation of samples for
analysis. the facility, sailing, and measuring
equipment shall ba maintainnd at all tisses in a safe
and proper operating condition at the expert a of
the discharger.
8.3 All monitoring facilities shall he constructed and
saintaired in accordance with all applicable local
construction standards and specifications. Construction
shall be oanpleted within one hundred twenty (128) days
of receipt of permit by discharger.
8.4 'ibe City may inspect any portion of the discharger's
praises to determine compliance with the requirevents
of this ordinance, the discharger shall allow the City
or its representatives to enter upon the praxises of the
discharger at all reasonable hours, for the purposes of
inspection, sapling, or records exaicetion. the City
shall have the right to set up on the discharger's property
such devices as are necessary to conduct sampling,
inspection, c®pliance monitoring and/or watering
operations.
-17-
8.5 All measurements, tests, and analyses of the
characteristics of waters and wastes to Mich
reference is male in this Ordinance shell be
determined in accrdance with the latest edition of
"Standard Metlwis for the Exanination of Vater
add Wastewater", published by the American P lic
Health Association, and shall be determined at the
control manlnld provided, or upon suitable samples
taken at said control manhole. in the event that
an special manhole "has been require], the control
manhole shall he considered to be the nearest paint at
which the Wilding sewer is connected. Sampling
shall be carried out by customarily accepted methods
to reflect the effect of constituents upon the sewage
works and to determine the existence of hazards to
life, limb, add property. (The particular analyses
involved will determine whether a twenty-four (24)
hour wsposite of all outfalls of a prenise is
appropriate or whether a grab sample or samples should
he taken. Normally but not always, 800 and suspended
solids analyses are obtained £ran 24 br composites
of all outfalls whereas pH's are determined from
periodic grab samples).
Sec. 9 National Pretreatnent Standards
9.1 National Categorical Pretreatnent Standards as
pramdlgated by the U. S. Envir nsental Protection
Agency (EPA) pursuant to the Act shall be not by all
dischargers. An application for modification of the
National Categorical Pretreatment Standards may be
sutaitted to the Regional Administrator by the City
when the City's wastewater treat at systan achieves
consistent ra roal of the pollutants as defined by
40 CPR sec. 403.7.
9.2 Any discharger subject to a National Categorical
Pretreatimnt Standard as defined in Sec. 1, Subsection
1.4 of this Ordinswe, after the oupliance date of such
National Categorical Pretreatment Standard, or, In the
cass of a new discharger, after mnnence ent of the discharge
W the City shall suboit to the City during the months of
.Tse and December, unless required more fregnently
by the City, a report indicating that nature and
concentrations, of known or suspected prohibited and/or
regulated substances in the effluent which are limited
by the National Categorical Pretreatment Standards
hereof. in additfm, this report shall include a record
of all measured or estimated average and a maxiaur daily
M
flows during the reporting period. Flows shall be
reported on the hasis of actual meaearanent,
provided however, where cast or feasibility
considerations justify, the City may accept reports
Of average and maximus flows estimated by verifiable
techniques. 1he City for good cause slum considering
each factors as local high or low flow rates,
holidays, budget cycles, or other extenuating factors
may authorize the suhsission of said reports on ovate;
other than these specified above.
Sec. 10 Records. All dischargers subject to this Ordinance shall retain and
preserve for no less than three (3) years any records,
books, docunents, m rania, reports, correspondence and any and all
sunnaries thereof, relating to n nitoring, shegging sad chemical
analyses made by or on behalf of a discharger in connection with its
discharge. All xecoxds Which pertain to matters which are the
subject of Adainistrative Adjustment or any other enforcerent or
litigation activities brought by the City pursuant hereto shall he
retained and preserved by the discharger until all en£orcenent
activities have concluded ani all periods of limitation with respect
to any and all appeals have expired. The City shall have the
authority to inspect and copy all users, records pertaining to their
discharges.
Sec. 11 State i@quiraaen[s. State requirerents and limitations on discharges
to the municipal wastewater facilities shall be
mat by all dischargers which are subject to such standards in any
instance in Which they are more stringent than. Federal requirerents
and limitations or these in this or any other applicable ordinance.
Sec. 12 Public Access
12.1 Infoxn ration and data furnished to the City with respect
W the nature end frequency of discharge shall he
available to the public or other governeental agency
without restriction unless the discharger specifically
requests and is able to derowstrate to the satisfaction
of the City that the release of such information would
divulge information, processes or methods of production
entitled to protection as trade secrets or proprietary
infrornation of the dhscharger.
12.2 Uben requested by a discharger furnishing a report, the
portions of a report Which may disclose trade secrets or
secret processes shall rot be nada available for Inspection
by the public hot shall he n ie available upon written
request to governmental agencies for uses related to this
ordinance, the National Pollutant discharge Elimination
-19
$5tan (NMS) Permit, State of Maine Waste Discharge
License Certificate and/or the Pretreatment Pregraus
provided, M er, that such portions of a report shall
be available for use by the State or any State agency
n jWicial review or enforcement proceedings involving
the discharger furnishing the report. Wastewater
constituents and characteristics will not be recognized
as oon£idential inforvation.
Sec. 13 Spacial Agre®mts. No stateuent oontaie in this ordinance shall
W canstruad as Preventing any special agreement,
or rrangesents 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 agreeants do not contravene
any 'requiramn" of existing Federal laws and ars onnpatible with any
.user change and industrial cost recovery system in effect.
Sec. 14 Private Sewage Diswsal
14.1 Mere a public sanitary or conbinsd seer is not available
,under the provisions of Sec. 2, the building sewer shall
be connected to a private sewage disposal system coWrlying
with the. provisions of this Section. Connections; shall also
comply with the State of Maine P1urrieg (ode, Part II,
Subsurface Wastewater Disposal Regulations.
14.2 Before mere anent of construction of a, private sewge
disposal systmm the owner shall first obtain a permit from
the Plusbieg Inspector. The application for such pennit
shall be made on a form furnished by the Maine Department of
Mann Services, Division of Health Engineering, v ich the
applicant shall supplerent by any plans, specifications,
and other information as are neared necessary by the Plumbing
` Inspector.)
14.3 A permit for a private sew je disposal system shall not barrows
effective until the installation is ecopleted W the satis-
faction of the pity Heal" Officer. He shall be allowed W
inspect the workat any stage of construction and, in any
event, the aWlicant for the permit shall notify hfm women
the work is ready for final inspection, and before any
underground portions are covered.
-20-
14.4 the type, capacities, location, and layout of a private
sewage disposal systen shall comply with all recommendations
of the Department of Public MIth of the State of Maine,
and shall he in compliance with the State of Maine Plumbing
Code, Part II, Subsurface FSstewater Disposal Regulations,
and the Minimus Dot Size law 112 M.R.S.A. c. 423-A.
No permit shall be issued for any private sewage disposal
system employing subsurface soil abmrption facilities
where the area of the lot is less than one acre. No septic
tamr or cesspool shall be permitted to discharge to any
natural outlet.
14.5 At such time as a public sewer becomes available to a
property served by a private sewage disposal system, as
provided in Sec. 2, a direct connection shall be made
to the public seser in compliance with this ordinance,
and any septic tanks, cesspools, and similar private
sewage disposal facilities shall be abandoned and filled
with suitable materials.
14.6 The owner shall operate and maintain the private sewage
disposal facilities inanitasy manner at all times,
at an expense to the Qty.
14.7 No statement contained in this article shall be construed
to interfere imposed by theith anyadditional. r4iramen sthe my zeE
14.0 when a pblic seer hecees available, the building sewer
shall be connected to said sewer within sixty (6) days and
the private sewage disposal. system shall be cleared of
sludge and filled with clean bank -run gravel or dirt.
Sec. 15 Septic Tank Disposal
15.1 Any individual or firm engaged in the business of cleaning
septic tanks or holding tanks may discharge the contents
of said tanks at the pollution Abatement Facility located
on loner Main Street, in the manner and at the location
designated by the Qty Emineer. The tours of disposal
shall he between 9:00 A.M. and 3:00 P.M. on Malay, through
Friday, except holidays. Trucks having a volume gauge or
a sight glass will be charged at the praecrited rate par
1,000 gallons for the actual whore delivered to the plant;
trucks not having a gauge, meter, or other msesuri g device
satisfactory to the Superintendent or his representative
will he presumal to be full, and will he charged at the
same rate for the entire volume of the truck. Any individual
_21_
or firm who dumps at another location within the City
Of Bangor Or at a time other than as specified above,
will be prosecuted in saordunce with the provisions
of 30 M.R.S.A. 5 4105.
15.2 If at any, time in the pinion of the City Engineer
the discharge of septic tank waste is placing an
excessive burden on the treatment process at the
Pollution Abatement Facility, or is otherwise causing
nuisance, then the City Engineer may refuse to
permit the disposal of said waste at the plant, and may
direct that the waste be transported W anther city
or town.
Sec. 16 (Aeration of private Pune Stations and Treatment Plants
16.1 the operation of all privately owned prep stations, lift
stations or ejector standards for the purpose of p vpirg
sanitary swage, shall be subject to the approval of the
City Engineer, and shall be subject to inspection as
outlined in Sec. 8 of this Ordinance.
16.2 All private pump stations, lift stations cr ejector
stations shell be equipped] with at least two props, each
of which shall have a capacity to pump the total design
flow of the facility, and each heLg provided with automatic
switches which will insure uninterrupted operation in
cane of overload or failure of the other. In addition,
the pup station facility shall have an approved standby
gasoline or diesel generator system of sufficient capacity
to operate the pups in case of paver failure, end shall
also be equipped with an approved alarm systems designed to
provide warning in case of mechanical failure.
16.3 All sewage pump stations, lift stations and ejector
stations and attendant facilities shall be properly
maintained by a qualified mechanic or operator, and a
proposed schedule and nathoe of maintenana, shall be
subject to the approval of the City F[gineer.
16.4 No person or firm shall construct or operate a private
savage treatment facility without first obtaining the
cessary waste discharge permits from the state Department
of snviromernal P[otectionTia operation of such plants
shall meet all requirasents as may he net forth by the
State. If, in the opinion of the Superintendent, the
operation of any privately owned sewage treet en t plans
is considered to be unsatisfactory and is creating a
nuisance, than the Superintendent shall immediately notify
the State Department of Environmental Protection of the
problem. The Superintendent and any other duly authorized
employee, of the City shall have the right ro inspect said
facilities as provided in Sec. 8.
-22 -
Sec. 17 Sewar Use Charges
17.1 All persons, fines and corporations within the City
of Bangor who are, or will be, canneami into the
Qty sewerage systen shall he subject to a sewer use
charge. A schedule of charges shall be estahlished
fron time to time by the City Council, to be based
Upon the voluae and/or type of sewage dischargel
into the systei. The schedule of charges shill he
such that the total revenues cbtainnd shall cover the
cost of construction, operation and maintenance of the
entire systen.
17.2 The schedule of sewer use charges shall be subject to
the approval of the State Department of Environmental
Protection and the United States Enviro mer Protection
Agency. The schedule of Charges may be changed Exon tive
to time to conform to new State and/or Federal criteria
ani to conform to the current costs of construction,
operation and maintenance. the current schedule of user
charges, the method of measuraaent and collection, and
all other regulations pertaining thereto shall he posted
or availatle for inspection in the office of the City Mark.
W. 18 IdmLLLstration and Enforcenant. The administration and enforcement
of this Ordinance shall be the
responsibility of the City engineer of the, Qty of Bangor.
Sec. 19 Violations
19.1 My industrial waste discharger winch experiences an upset
in operations, which places the discharger in a maporary,
instantaneous or prolonged state of noncompliance with this
Ordinance shall infonn tie City thereof imne'iiately upon
first awareness of the upset. A written follow- report
Shall he filed by the discharger with the City within two
(2) weeks. The report shall specify:
(1) Description of the upset, the cause thereof
and the upset's impact on a discharger
ompliance status.
(2) Duration of non-canpliance, inclWUg erect
dates and times of non-caWliance, and if the
non-w�mliance Continues, the time by which
oepliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce,
eliminate ani prevent rmurrence of such an
upset or other Conditions of noncanpliance.
-23-
19.2 If the City Engincer shall find any provision of this
Ordinenoe 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 good rause shorn suspend rbe wastewater
treatsent service to a dixFurger when it appears W the
City that an actual or threatened discharge presents or may
presentan eminent or substantial danger to the health or
welfare of persons, substantial danger to the envromnent,
interfere with the operation of the municipal wastewater
facilities or violate any pretreatment limits imposed by
this Ordinance. Any discharger notified of the suspension
Of the Qty's wastewater iteabnent service shall inmediately
cease all discharges. In the event of failure of the
discharger to ca;ly voluntarily with the suspension order,
the Qty shall take all action it deans necessary, including
imediate severance of the sewer connection, to terainate
further discharge fran the discharger's premises into the
system. In addition, the City Solicitor is authorized to
take all necessary action, including but cot luaited to the
mmencamnt of litigation in the name of the City of Eangor,
to camiel or obtain the discharger's canpliance with such
order and W terminate any further discharges frau the
discharger's prenises into the systea.
19.9 Wren the violation is not corrected by timely coopliance,
the City may order any diwharger which causes or allows
conduct prohibited by this sewer use ordinance hereof, W
show cause before the City or its duly authorize] represents-
. tive why tine proposed service termination action should not
be taken. A written notice shall be served on the discharger
by personal service, certified or registered, return receipt
requested, specifying the time and place of a hearing to he
held by the Qty or its designee regarding the violation, the
reasons why the enforcsent action is to he taken, the
proposed enforcement action, and dirwting the discharger
to show cause before the City or its designee any the
Reposed enforceamt action sFwld not be taken. The notice
of the hearing shall be served no less than ten (10) days
before the hearing. Service may W male on any agent,
officer, or authorized representative of a discharger. The
proceedings at the hearing shall be considered by the
Qty which dull than enter appropriate orders with respect
to Ne alleged bO er activities of the discharger. Appeal
of such orders may be taken by the discharger in accordance
with applicable local or state law.
Sec. 20 PJbinistrative Review. My discharger of any interested party shall
have the right to request in writing an
interpretation or ruling by the City Engineer on any matter covered
by this ordinance and shall he entitled W a prompt written reply.
In the event that such inquiry is by a discharger and deals with
matters of perforwance or canplianoe with this ordinance for which
-2a
enforcenent activity relating to an alleged violation
is the subject, receipt of a discharger's request, shall
stay all enforc®ent proceedings pending receipt of the
aforesaid written reply. Appeal of any order of the, City
Engineer entered pursuant N Nis Ordinance may be appealed
to Ne Superior 0o in accordance with Fule 800, Maine
Rules of Civil Pr ealure.
Sec. 21 Legal #.tion. when any violation of any provision of this Ordinance
1to
s foundexist, the City Solicitor is autlorizedt
the name of the City of Bangor, upon direction of the City S ginner
to institute any and all proceedings to deeps necessary to obtain
compliance.
Sec. 22 Penalties. Any pecans adjudged to be in violation of Nle ordinance
shall be guilty of a civil violation and shall be fined
not less than $50.00 nor more than $1000.00. Each day a violation
is permitted to exist after notification shall constitute a separate
offense.
In Section 14$ Private Sewage Disposal$ change the words
"City Health Officers to "Plumbing Inspector" in the third line
of Subsection 14.3 and in the third line of Subsection 14.7.
STATEMENT OF FACT:
The regulation of private septic systema is no longer under
the jurisdiction of the City Health Department; it is now handled
by the Plumbing Inspector.
In City council June 10,1985
passed as amended
am ailed in sec.14 private sewage disposal change the scene
city health officer" to "Flushing Inspector ,
in the third line of subsection 14.3 and in
the third line of subsection 14.7
99d ae aaaMed by t following yea and no votes: elee and Willey.
C holler fit' : B n. Cw , Davis, Frankel, Cass, socaethy, Tilley, %m
ler
C1 k s
H -1ORDINANCE
In City o Hay 13,1985
Refertpub!
Defeated to public works cow,
xsending Chapter V Attic"
9
consider next meeting (
TITIE,)
I .
na
O[dincea of the City of Bangor -
Use of
Public sewers and Drains
g` .
CI Clerk
Cl9 ,j
..
, N.i.
In City Council May 29,1985
In� and fa
CjF'y,; 's9
Refuted to Public Works!`
consider next meeting
-
!lean
LG'1 �c�_ldcunc
'city CidA
In City council June 10,1985
passed as amended
am ailed in sec.14 private sewage disposal change the scene
city health officer" to "Flushing Inspector ,
in the third line of subsection 14.3 and in
the third line of subsection 14.7
99d ae aaaMed by t following yea and no votes: elee and Willey.
C holler fit' : B n. Cw , Davis, Frankel, Cass, socaethy, Tilley, %m
ler
C1 k s