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HomeMy WebLinkAbout1975-12-08 63 AD ORDINANCE63 AD Introduced by Councilor Wss, December B, 1975 CITY OF BANGOR (TITLE.) Wrbin=CPy. Amending, CHAPTER V o[ the Ordinances of the., City of Bangor, by the addition Of Article 9 - Regulation of sewer .flee Be it ordanext Ep Ne City CnanaU of its City ofBanyor, as fol, That CHAPTER V of the Ordinances of the City of Bangor be amended by the addition of Article 9 - Regulation of Sowerflee - a copy of which is attached. FINDINGS OF FACT: Federal regulations reepaire that all municipalities incorporate e uniform ordinance for the regulation of sewer use. The attached Ordinance is based upon a model ordinance recommended by the Environmental Protection Agency. _ IN CITY COUNCIL December 8, 1975 Received 1st reading. Referred to public Works Committee. Consider neat meeting. cx2T c IN CITY COUNCIL ' December 22, 1975 Consider next meeting. 42&= c6gi&T 6.'e IN CITY COUNCIL January 12, 1976 Received Cod reading. Amended by substitution. Figal passage by the following yes sM no vote. Councilors voting Yes! B81lLu, Bigney, Bro , Finnigan, Gass, HendersonT as Mooney. Sooty and Soelas. cxmr c 63 D ORDINANCE 131 ('nIIk ) Amending CHAPTER V of the Ordinances Of the 04tv Of R,ngQr b, Its maltil. If Article 9 - R ulatie of SewemUse. Int .e a pw eu O; I fits owdimuce is c tlU 01¢r aAat ttep, m �a[�maeei oatm>.W6s. RECEIVED CITY OF BANGOR CITY CLERK'S OFFICE 175 DEC 4 PH 3 56 IL CHAPTER V ANFNO® COPY ARTICLE 9 - REGULATION OF SEWER USE sec. 1. Definitions.- Unless the content specifically indicates otherwise, the al meaning of textus used in this ordinance shall be as follows: 1.1 "BOB" (denoting Biochemical Oxygen Seamed) shall man the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 2000 expressed in milligram par liter. 1.2 "Building Drain" shall sees that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and confide it to the building mwer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. 1.3 'Building Sewer" shall man the extension from the building drain se to the public wer or other place of disposal. 1.4 "Combined Sower" shall man a sewer receiving both surface runoff and sewage. 1.5 "Garbage" shall man solid wastes free the domestic and commer- cial preparation, cooking, and dispensing'of food, and from the handling, storage, and sale of produce. 1.6 "Industrial Wastes" shall mean the liquid wastes free industrial nufacturing processes, trade, or business as distinct from sanitary essays. 1.7 "Natural Outlet" shall mean any outlet into a watercourse, pond, keditch,) la, or other body of surface or groundwater. 1.8 "Person" shall mean any individual, firm, company, association, society, corporation, or group. - 1.9 -p� shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 1.10 "Properly Shredded Garbage" shall mean the wastes from the pre— partition, cooking, and dispensing of feed that have been shredded to such a degree that all particles will be Carried freely under the flow Conditions normally prevailing in public assets, with n particle greater than one—half (1/2) inch (1.27 Centimeters) any dimension. 1'.11 "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights. and Is controlled by public authority. 1.12 'Sanitary Sewer' shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not Intentionally admitted.. 1.13 'Sewage" shall mean a combination of the water -carried wastes from residences, business buildings, Institutions, and Industrial establish- ments, together with such ground, surface, and stormwaters as may be present. 1.14 'Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. 1_15 'Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. 1.16 "Samshall mean pipe or conduit for carrying sewage. 1.17 "Shall" Is mandatory; "May" is permissive. 1.18 'Slug„ shall mean any discharge of water. sewage. or Industrial waste which is concentration of any given constituent or N quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour con- centration or flows during normal operation. 1.19 "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainagebut excludes sewage and Industrial wastes, other than unpolluted cooling water. 1.20 "Superintendent' shall mean the Sewage Treatment Superintendent of the City of Bangor, or his authorized deputy, agent, or represen- tative. 1.21 "Suspended Solids" "hail mean solids that either float on the surface of, or are in suspension In water, sewage, or other liquids, and which are removable by laboratory filtering. 1.22 "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. , Sec. 2 Use of Public Sewers Required. 2.1 It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within. 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 be unlawful to discharge to any natural outlet within the City of Bangor, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of the ordinance. 2.3 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility Intended or used for the disposal of sewage. 2.4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation', or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, Ishereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer In accordance with the previsions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer iswith- in one hundred (100) feet (30.5 meters) of the property line. Sec. 3. Private Sewage Disposal 3.1 Where a public sanitary or combined sewer Is not available under the provisions of Sec. 2.4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. 3.2 Before commencement of construction of a private sewage disposal system the owner shall first obtain a permit from the Plumbing Inspector. The application for such permit shall be made on a form furbished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Plumbing Inspector. 3.3 A permit for a private sewage disposal system shall not become effective until the installation Is completed to the satisfaction of the City Health Officer. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify him when the work Is ready for final inspection, and before any underground portions are covered. 3.4 The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Maine. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet. 3.5 At such time as a publicsewer becomes available to a property served by a private sewage disposal system, as provided In Sec. 2.4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. - 3.6 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. 3.7 No statement contained in this article shall be construed to Interfere with any additional requirements that May be imposed by the Health Officer. 3.8 When a public 'sewer becomes available, the building sewer shall - be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank -run gravel or dirt. - Sec. 4. Building Sewers and Connections 4.1 No unauthorized person shall uncover, make any connections with or opening Into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Engineer. Any person proposing a new discharge Into the system or a sub- stantial change in the volume or character of pollutants that are being discharged into the system shall notify the City Engineer at least forty-five (45) days prior to the proposed change or connection. 4.2 The permit shall specify whether the connection is (a) for residential and commercial service, or (b) for service to establishments producing Industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the City Engineer. The permit will be Issued in accordance with the provisions of Chapter Vi, Article 8 of these Ordinances, subject to the appro- priate fee schedule contained therein. 4.3 All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 4.4 A separate and independent building sewer shall be provided for every building; except where one building stands at Me rear of another on an Interior lot and no private sower Is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front bulidfng may be extended to the rear building and the whole considered as one building sewer. 4.5 Old budding sewers may be used in connection with new buildings only when they are found, on examination and test by the City Engineer, to meet all requirements of this ordinance. 4.6 The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, plactig of the pipe, Jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other appli- cable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. 4.7 Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. 4.8 No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which In tum is connected directly or Indirectly to a public sanitary sewer. 4.9 The connection of the budding sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City Engineer before Installation. 4.10 The applicant for the building sewer permit shall notify the City Engineer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Engineer or his representative. 4.11 All excavations far building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory in the City. 'Sec.5 use of the public Sewers 5.1 No person shalldischarge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, sub- surface drainage, uncontaminated cooling water,. or unpolluted industrial process waters to any sanitary sewer. 5.2 Stormwater and all other unpolluted drainage shall be discharged to such s are specifically designated as combined sewers or storms r to a natural outlet approved by the City Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City Engineer, to a storm sewer, combined sewer, or natural outlet. 5.3 No person shall discharge of cause to be discharged. any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. - (b) Any waters or wastes containing toxic or poiaonouz solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. (C) Any waters or wastes having a pN lower than 6.0, or having airy other corrosive property capable ofcausing damage or hazard to structures, equipment, and personnel of the sewage works. I- (d) Solid or viscous substances in quantities or of such sive capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works Ouch as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, raga, feathers, tar, plastics, wood, ungrounl garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. -5.4 No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment. have an adverse effect on the receiving stream, or can otherwise endanger 'life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such - factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. .The aub- stances prohibited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty (150)^F (650C). (b) Any water or waste containing fats, wax, grease,o oils, whether emulsified or not, in ess of one hundred (100) mg/l or containing substances which may solidify or become _ viscous at temperatures between thirty-two (32) and one hundred fifty (150)-F (0 and 651c). (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.]6 hp metric) or greater shall be subject to the review and approval of the Superintendent. (d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neu- tralized or not. (e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite .sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials. (f) Any waters or wastes containing phenols or other taste- or odor -producing substances, in such concentrations entrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to rhe receiving waters. (g) Any radioactive wastes or isotopes of such half- life or concentration as may exceed limits established by .the Superintendent in compliance with applicable State or Federal regulations. (h) Any waters or wastes having a pH inexcess of 8.5. (i) Materials which exert or cause. (1) Unusual concentrations of inert suspended solids (such as, but act'.. limited to, Fullers earth, lime slurries, and lime residues) or'of dissolved solids (such as, but not limited to, sodium. chloride and sodium sulfate). (2) Szcessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions.) (3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting "slugs' as defined herein. (j) waters or wastes Containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot, meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. 5.5 If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Sec. 5.4 and which in the judgment of the, Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: (8) Reject the wastes; (b) Requirepretreatment to an 'acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge,. and/or (d) Require payment to cover the added coat of handling and treating the wastes. If the Superintendent permits the pretie:tment or equal- ization of waste flows, the design and installation of the plants andequipmentshall be subject to the review and approval of the Superintendent, and subject to the require - menta of all applicable codes, ordinances, and laws. 5.6 Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.. 5.7 Where preliminary treatment or flow -equalizing facilities are provided for any watersor wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.' 5.8 When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. 5.9 All measurements, tests, and analyses of the char- acteristics of waters and wastes to which reference is made n the ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination. of Water and Wastewater," published by the American. Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the Control manhole shall be considered to be the nearest downstream meMole in the public Sweet r to the point at which the building s sacted. 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, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all wtfalls of a Ananias is appropriate or whether a grab sample or 9aaples should be taken. Normally, but net always, Boo and suspended solids analyses obtained from 24 -hr ocampositea of all outfalls whereas pH's are determined from periodic grab samples.) 5.10 All industries discharging into a public Sewer shall perform such monitoring of their discharge as the Superintendent and/or duly authorized employees of the City may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting, the: sults of such monitoring to the Superintendent. Such records shall be made available upon request by the Superintendent to other agencies having jurisdiction over discharges to the receiving waters. 5.11statement contained in this article shall be construed as Prevent- ing any spatial agreement orarangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may he accepted by the City for treatment, Subject to payment therefore, by the industrial concern, provided that such agreements do not contravene any require- ments of existing Federal laws and are compatible with any user charge and industrial coat recovery system in effect. Sec. 6 Septic Tank Disposal 6.1 Any individual or firm engaged in the business of cleaning septic truss or holding tanks may discharge the contents of said tanks at the Pollution Abatement Facility located on Sower twain Street, in the manner and at the location designated by the Superintendent. The hours of disposal shall be between 9:00 a.m, and 3:00 p.m. On Norday through Friday, except holidays. Trucks having a volume gage or a sight glass will be changed at the prescribed rate par 1,000 gallons for the actual volume delivered to the plant; trucks not having a gage, meter, or other measuring device satisfactory to the Superintendent or hie representative will be presumed to be full, and will be charged at the Same rate for the entire volume of the truck. Any individual or firm who dumps at another location within the City of Bangor or at a time other than as specified above, will be prosecuted in accordance with the provisions of Title 30, Section 4105, Maine Revised Statutes Annotated. 6.2 If at any time, in the opinion of the Superintendent, the discharge of septic tank waste is placing a excessive burden on Me treatment process at the Pollution Abatement Facility, is otherwise causing ac , then the Superintenlent may efuee to permit the disposal of said waste satthe plant, and may direct that the waste be transported to another city or town. Sec. ] Operation Of prize ta Pump Stations or Treatment plants 7.1 The Operation of all privately owned pump stations, lift stations or ejector stations far the purpose of pumping sanitary sewage 'shall be subject to the approval of the Superintendent, and shall be subject to inspection as Outlined in Sec. 9 Of this Article. 7.3 All private pump stations, lift stations Or ejector stations shall be equipped with at least two pumps, each of which shall have a capacity topompthe total design flow of the facility, and each being provided with automatic switches which will insure uninterrupted operation in case of over- load or failure of the other. In addition, the pump station facility shall have an approved standby gasoline Or diesel generator system of sufficient capacity to operate the Maps in case of power failure, and shall also be equipped with an approved alarm system designed to provide warning in case of mechanical failure. 7.3 All sewage pump stations, lift stations and ejector stations Aid attendant facilities shall be properly maintained by a qualifier mechanic Or Operator, and a proposed schedule and method of maintenance shall be subject to the approval of the Superintendent. 7.9 NO person or firm shall construct Or Operate a private sewage treatment facility without first obtaining the necessary ssary waste discharge permits from the State Oepartmrent of EnvironmentalProtection. The operation of such plants shall meet all requirements as may be set forth by the State. If, in the Opinion of the Superintendent, the Operation of any privately cared swage treatment plant iconsidered to be unsatisfactory and is creating a nuisance, then the Superintendent shall immediately notify the State Department ofEnvironmental Protection of the problem. The Superintendent and other duly authorised employees of the City shall have the right to inspect said facilities as provided in Section 9." Sec. a Protection from Davmoe 8.1 No onauthoriaed person shall maliciously, willfully, or, negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipmentwhich is a pact of the sewage worsam. Any per violating this provision shall be subject to immediate arrest under charge of disorderly couc uct. Sec. 9 Pavers and Authority of Inspectors 9.1 The Superintendent act other duly authorized employees of the City hearing proper credentials art identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in aCCordanre with the provisions of this ordinance. The Super- intendent or his representatives Shall havesauthority to inquireinto ar processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct tearing on the kind and source of.discharge to the sewers Or waterways or facilities far waste treatment. 9.3 While performing the necessary work on private properties referred to in Sec. 7.1 above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company aha the company, shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands far personal injury or property damages as erted against the company and growing Out of the gauging and sampling operation, except as such may be caused by negligence or failure o£ the company to maintain safe conditions as required in 9.3 The Superintendent mod other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement far the purposes of, but not limited to, inspection, observation, messurawent, sampling, repair, and maintenance of any portionsw s of the age works lying within said easement. All entry and Subsequent Work, ifany, O Said a ment, m shall be dome full accordance with the Terme of the duly negotiated easement pertaining to the private property evolved. Sec. 30 Penalties 10.1 Any person found to be violating any provision of this ordinance ersept Sec. 6 shall be served by the City with written notice statiey the nature of the violation new pooviding a reasonable time limit for the Satis- factory correction thereof. The offender shall, within the period Of time Stated in such notice, permanently cease all violations. 10.2 Fly person who shall continue any violation beyond the time limit Provided £ertn Sec. 8.1, shall be guilty of A misdemeanor,and o conviction thereof shall IS fined in the amount not exceeding Can Hundred Dollarfor each solation. Each day in which any such violation shall continue shall be deemed a separate offense. 10.3 Any person violating any of the provisions of this ordinance shall became liable to the City for any expense, loss, or damage occasioned the City By reason of such violation. Sec. 11 Sewer User Charges 11.1 All persons, firms and corporations within the City of Bangor who are, or will be, connected into the City sewerage system shall b, subject to charge. A schedule of charges shall be established which shall be approved Hear Byrthe City Council, t0 be based upon the volume and/or type of sewage discharged into the system. The schedule of charges shall be such that the total $ revenues obtained Shall cover the cost of construction, operation and maintenanceof the entire system. 11.2 rhe schedule of sower use charges shall be subject to the _approval of the State Department of Environmental Protection and the United States Environmental Protection Agency. The schedule of charges may be changed from time to time to conform to new State aryl/or Federal criteria Sad t0 conform to the current costs of construction, operation, and maintenance. The turret schedule Of user charges, the methal of me amen and collection, and all other regulations pertaining thereto shall be posted in the office of the City Treasurer. Sec. 12 validity 12.1 All ordinances of parts of ordinances in conflict Herewith are hereby repealed. 12.2 The invalidity of any section, clause, sentence, or provision of this ordinance Shell not affect the validity of any other pert of this Ordinance which can be given effect without such invalid part or parts. .ter. fa . CHAPTER V ARTICLE 9 - REGULATION OF SEWER USE Sec. 1. Definitions. Unless the contest specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: 1.1 "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200C. expressed in milligrams per liter. 1.2 "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from sell, wastes and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. 1.3 "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. 1.4 "Combined Sewer"_ shall mean a sewer receiving both surface rmoff and sewage. 1.5 "Garbage" shall mean solid wastes from the domestic and commer- clal preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. .. . 1.6 "Industrial Wastes" shall mean the Ilgufd wastes from Industrial sal sewage. during processes, trade, Or business e6 distinct from sanitary sewage. 1.7 "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch,. lake, or other body of surface or groundwater. 1.8 "Person" shall mean any individual;` firm, company, association, society,'corporation, or group. 1.9 „nH„ shall mean the logarithn Of the reciprocal of the weight of - -h}dregcreions in grams per liter of solution. hyazagea ions 1.10 "Properly Shredded Garbage" shall mean the wastes from the pre- paration, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.29 centimeters) in any dimension. 1111 "Public Sew shall mean a sewer in which all owners of abutting properties have equal rights: and is controlled by public authority. 1.12 "Sanitary Sewer' shall mean a sewer which carries sewage and to which storm, Surface, and groundwaters are not intentionally admitted. 1.13 "Sewage" shall mean a combination of the wateo-carried wastes from residences, business buildings, institutions, and industrial establish- ments, together with such ground, surface, and stormwaters as may be present. 1.19 "Sewage Treatment Plan shall mean any arrangement of devices and structures used for Vesting sewage. 1_15 "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. 1_16 "Sewer" shall mean a pipe or conduit for carrying sewage. 1.19 "Shall" is mandatory; "May" is permissive. 1.18 "Slug" shall mean any discharge of water, sewage, or Industrial waste which is concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (29) hour con- centration or flows during normal operation. 1.19 "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage. but excludes sewage and Industrial wastes, other than unpolluted cooling water, 1.20 "Superintendent" shall mean the Sewage,TreatmenLSuperintendent of the City of Bangor, or his authorized deputy, agent, or represen- tative. 1.21 "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. 1.22 'Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. 1i y aoashall m n'that Board appoin , co "Iry r 8166 £ a r „(:- ) Whig section to Le IIn,111b. 4n-' aeticle e .sed "Haar!:g poaids_ is mala 3 pal, .i - Sec. 2 .Use of Public Sewers Required. 2.1 It shall be unlawful for any person to place, deposit, or permit to be deposited In any unsanitary manner on public or private property within 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 be unlawful to discharge to any natural outlet within the City of Bangor, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of the this ordinance. 2.3 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 2.4 The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilltfes therein, and to connect such facilities directly with the proper public sewer In accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is with- in , one hundred (100) feet (30.5 meters) of the property line. Sec. 3. Private Sewage Disposal 3.1 Where a public sanitary or combined sewer is not available under the provisions of Seo. 2.4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of thio section-. 3.2 Before commencement of construction of a private sewage disposal system the owner shall first obtain a permit from the Plumbing Inspector. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Plumbing Inspector. 3.3 A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City Health Officer. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify.1din when the work is ready for final inspection, and before any underground portions are covered. 3.4 The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Maine. No permit shall be issued for any privates wage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any ;natural -out et. 3.5 At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Sec. 2.4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. 3.6 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. 3.7 No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. 3.8 When a public assess becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank -run gravel or dirt. Sec. 4. Building Sewers and Connections 4.1 No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Engineer. Any person proposing a new discharge into the system or a sub- stantial change in the volume or character of pollutants that are being discharged into the system shall notify the City Engineer at least forty-five (45) days prior to the proposed change or connection. 4.2 The permit shall specify whether the connection is (a) for residential and commercial service, or (b) for service to establishments producing Industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The, permit y application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the City Engineer. The'i permit will be issued In accordance with the previsions of Chapter VI, Article Ebel these:Ordinanceer subject t >tha:appro- priate Seeiscsedvle_ contained therein. - 4.3 All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall Indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 4.4 A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the. rear building and the whole considered as one building sewer. 4.5 Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Engineer, to meet ail requirements of this ordinance. 4.6 The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other appli- cable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.E. T. M. and W.P.C. F. Manual of Practice No. 9 shall apply. 4.7 Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too law to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be Idled by an approved means and discharged to the building sewer. 4.8 No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indolently to a public sanitary sewer. 4.9 The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.E.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City Engineer before installation. 4.10 The applicant for the building sewer permit shall notify the City Engineer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Engineer or his representative. 4.11 All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. Sec. 5. Use of the Public Sewers 5.1 No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, sub- surface drainage, uncontaminated cooling water, or unpolluted inddstri&l process€waters to any sanitary sewer. 5.2 Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or stormsewers, or to a natural outlet approved by the city Engineer. industrial cooling water or unpolluted process waters maybe discharged, on approval of the City Engineer, to a storm sewer, combined sewer, or natural outlet. 5.3 No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. (b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. (c) Any waters or wastes having a pH lower than 6.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited toA ashes, cinders, sand, mad, straw, shavings, metal, glass, rags, feathers, tar, plastica, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. 5.4 No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of constructionOf the sewers, nature of the sewage treatment process, capacity of the swage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The sub- stances prohibited are: (a) Any liquid or vapor having a t dmperature higher than one hundred fifty (150)"F (65°C). (b) Any water or waste containing fats, wax, grease, o oils, whether emulsified or not, in excess of one hundred (100) mg/l or ontaining substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150)IF (0 and 65°C). (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-foucthe (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent. (d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neu- tralized or not. (e) Any waters or wastes containing iron, chromium, copper, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received ved in the composite sewage at the sewage treatment worksexceeds the limits established by the Superintendent for such materials. (f) Any waters or wastes containing phenols or other taste- or odor -producing substances, in such concentrations entrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to set the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half- life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations. (h) Any waters or wastes having a pH in excess of 8.5. (i) Materials which exert or cause: (1) unusual c entrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions.) (3) Unusual BOO, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. (j) Waters or wastes containing substances which are not amenable to treatment or reductionby the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot: meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.. 5.5 If any waters or wastes are discharged, ore proposed. to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Sec. 5;W and which in the judgment of the Superintendent, may have a. deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent mayr (a) Redact the wastes, (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge, and/or (d) Require payment to cover the added cost of handling and treiting the wastes. If the Superintendent permits the pretreatment or equal- ization of waste flows, the design and installation of the plants and equipment shall be subject to the re view and approval of the Superintendent, and subject tothe require- ments of 211 applicable codes, ordinances, and laws. 5.6 Grease, oil, and sandinterceptors shall be provided when, in the opinion of the Superintendent, they are necessary ary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. 5.7 Where preliminary treatment or flow -equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. 5.8 When required by the Superintendent, the owner of any property serviced by a building newer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building ewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when reguired, shall be accessibly and safely located, and shall be constructed in accordance with plana approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. 5.9 All measurements, tests, and analyses of the char- acteristics of waters and wastes to which reference is made in the ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control man- hole. In the event that no special manhole has been required, the control manhole shall he considered to be the nearest down- stream manhole in the public sewer to the point at which the building 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, and property. (xhe particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise isappropriate or whether a grab sample or samples should betaken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 -hr composites of all outfalls whereas pH's are determined from periodic grab samples.) 5.10 All industries discharging into a public sewer shall perform such monitoring of their discharge as the Superintendent and/or duly authorized employees of the city may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting, the results of such monitoring to the Superin- tendent. Such records shall be made available upon request by the Superintendent to other agencies having jurisdiction over discharges to the receiving waters. 5.11 No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern, provided that such agreements do not contravene any requirements of existing Federal Laws and are compatible with any user charge and inddstrial cost recovery system in effect. Sec. ] opeetionof Private Pump Stations, or T eatment Plante. Sec. -6 Protection from Damage e 8.1 -6.-1 No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtemnce, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. 9 Sec. 3 Powers and Authority of Inspectors 9 e -Z.1 The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. Tho Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of dis- charge to the sewers or waterways or facilities for waste treatment. 9 -Y.2 while performing the necessary work on primate ppoperties referred to in Sec. 7.1 above, the Superintendent r duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury o death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damages asserted against the company and growing out of the gauging and sampling operation, except as such may be canned by negligence or failure of the company to', maintain safe conditions as required in Sec. 5.8. 9 -4.3 The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of thea wage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the 'private property involved. la Sec. W Penalties 10 -6.1 Any person found to be violating any provision of this ordinance except Sec. 6 shall be served by the City with written notice stating the nature of the violation and providing a reascnable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 10 R2 Any person who shall continue any violation beyond the time limit provided for in Sec. 6.1, shall be guilty of a misdemeanor, and on cPnviction thereof shall be fined in the amount not exceeding One Hundred Dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.. 10 -4.3 Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the city by reason of such vio- lation. sec. 11 sewer user Marges sec._A validity 12 12 l All ordinances or parts of ordinances in conflict herewith are hereby repealed. 124.2 The invalidity of any Section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Amendment to CHAPTER V, Article 9 Regulation Of Sewer Use The following changes shall be made to CHAPTER V, Article 9. Regulation of Sewer Use: - I. The following sections are added after Section 5: "Sec. 6 Septic Tank Disposal. 6.1 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 Abate- ment Facility located on lower Main Street, in the manner and at the location designated by the Super- intendent. The hours of disposal shall be between 9:00 a.m. and 3:00 p.m. on Monday through Friday, except holidays. Trucks having a volume gage o a eight glass will be charged at the prescribed rate par 1,000 gallons for the actual volume delivered to theplant; trucks not having a gage, meter, or other measuring device satisfactory to the Superintendent or his representative will be presumed to be full, and will be charged at the same rate for the entire volume of the truck. Any individual or firm who dumps at another location within the City of Bangor or at a time other than as specified above, will be prose- cuted in accordance with the provisions of Title 30, Section 4105, Elaine Revised Statutes Annotated. 6.2 Ff at any time, in the opinion of the Superintendent, the discharge of septic tank waste is placing a excessive burden on the treatment process at the Pollution Abatement Facility, or isotherwise causing a nuisance, then the Superintendent may refuse to permit the disposal of said waste at the plant, and may direct thatthe waste be transported to another city or town. f Page Two Sac. 7 Operation of Private Pump Stations or Treatment Plants 7.1 The operation of allprivately owned pump stations, lift stations or ej corer stations. for the Purpose of pumping sanitary sewage shall be subject to the approvalof the Superintendentand shall be subject'.. to inspection as outlined in Sec. 9 of. this Article. 7.2 All private pump stations, liftstations or ejector stations shall be equipped with at least two pumps, each of which shall have a capacity to pump the. total design flow of the facility, and each being provided with automatic switches which will insure uninterrupted operation in e of overload o failure of the other. .Inaddition, the pump stationfacilityshall have an approved standby gasoline or diesel generator system of sufficient capacity to operate the pumps in case of power failure, and shall also be equipped with an approved alarm "at= designed to provide warning in case of mechanical failure. 7.3 All sewage pump stations, lift stations and ejector stations and attendant £acilitiee shall be properly anintained by a qualified mechanic or operator, d a proposed schedule and method of maintenance shall be subject to the approval of the Superintendent. 7.4 No person or firm shall construct or operate a private sewage treatment facility without first obtaining the necessary waste discharge permits from the State Department of Environmental Protection. The operation of such planta shall meet all requirements a may be set forth by the State. if, in the opinion of the Superintendent, the operation of any privately owned sewage treatment plant is considered to be unsatisfactory and is o creating a , then the Superintendent shallimmediately notify the State Department of Environmental Protection of the problem. The Superintendent and other duly authorizedemployees of the city shall have the right to inspect said facilities as provided in Section 9." Page Three II. "Sec. 6 protection from Damage" is changed to "Sec. 8" and all Subparagraphs are renumbered accordingly. IIL "Sec. 7 powers and Authority of Inspectors" is changed to "Sec. 90 and all attendant Subparagraphs are renumbered accordingly. IV,"Sec. 8 Penalties" is changed to "Sec. 10" and all - attendant Subparagraphs are renumbered _ accordingly. V. Add the following new section: "Sec. 11 Sewer User Charges. 11.1 All persona, firma and corporations within the - City of Bangor who are, or will be, connected - into the City sewerage system shall be subject to a sewer user charge. A schedule of chargee shall be established which -shall be approved by the City Council, to be based upon the Polume _ and/or type of sewage discharged into the system. The schedule of chargee shall be such that the total revenues obtained shall cover the coat of construction, operation and maintenance of the entire system.' ' 11.2 e charges shall be The schedule of sewer use subject to the approvalof the State Depart- ment of EnvirONnental Protection and the United States Environmental Protection Agency. The schedule of Chargee may be changed from time to time to Conform to new State and/or Federal criteria and to conform to the current costs o£ cons to ion, operation, and main- Q� tenants. The rre schedule of user charges, the method of measurement and collection, and all other regulations pertaining thereto shall be posted in the office of the City Treasurer." VI. "Sec. 9 Validity'- shall be changed to •Sec. 12."