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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Oft CamveU OW CUY ofBavyor, u fo u& MT the provisions of Chapter V, Article of the Ordinances of the City of 6 Nor be repealed and replaced with the following: ARrICIE 9 - ME OF PUBLIC SEWERS AND DRAINS Sec. 1 Definitions.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. -2- 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. -3- 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. -4- 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. _6 - 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. -7- 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. -9- 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 -lo - 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: -11- (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. -12 - 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. -13- (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. -14 - 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; -15- (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. -16 - 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