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HomeMy WebLinkAboutOrdinance 81- 1081 Sewer service rules and regulations 132 ........... ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING SEWER SERVICES RULES, REGULATIONS, LAWS AND ORDINANCES PRESCRIBED BY THE CITY COMMISSION OF BOZEMAN, MONTANA, FOR THE CITY OF BOZEMAN SEWER UTILITY DIVISION EFFECTIVE OCTOBER 1, 1981, AND THEREBY AMENDING AND ENACTING RULES 1 THROUGH 6 AND I AMENDING AND ENACTING SECTIONS 10.16.010 THROUGH 10.21.150 OF THE BOZEMAN MUNICIPAL CODE. WHEREAS, the City Commission pursuant to Chapter 607 Montana Session Laws 1981 and Section 69-3-101 M.C.A., held a public hearing on August 13, 1981, for the purpose of hearing testimony in support of and in opposition to the enactment of rules and regulations concerning the operation of the sewer utility division of the City of Bozeman; and WHEREAS, the City Commission on August 19, 1981, directed that an Ordinance in proper form be prepared enacting said rules and regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section One The City Commission of Bozeman adopts the following service regulations prescribing standards for sewer service as provided under Montana Law. These supersede all rules, regulations and supplements previously applicable to municipal sewer utility operations. Rule 1 Definitions I 1-1 Commission - The word "Commission", used herein shall mean the Bozeman City Commission. 1-2 Utility - The word "Utility", as used herein, shall mean the City of Bozeman, Montana, and its sewer service division, engaged in the business of providing sewage collection and treatment to its customers on its system in the State of Montana. 1-3 Customer - The word "Customer", as used herein, shall mean any individual, part- nership, association, firm, public or private corporation, or governmental agency, or any other entity receiving sewer servi ce from the util ity. 1-4 Residential Dwelling Unit - The term "Residential Dwelling Unit" shall mean any room or combination of rooms, including trailers and mobile homes, with facilities for cooking, designed for occupancy by one family. 1-5 Sewer Service - The term "Sewer Service" or "Service", as used herein, shall mean the collection and treatment of water born wastes. 1-6 Service Agreement - The term "Service Agreement", as used herein, shall mean the agreement or contract between utility and customer pursuant to which service is supplied and taken. 1-7 Point of Delivery - The term "Point of Delivery", as used herein, shall mean the point at which the utility's facilities connect physically to customer1s facilities, the location of which shall be designated by or satisfactory to utility, unless otherwise defined in the service agreement. 1-8 Room - On flat rate service, where the charge is based on the number of rooms, any finished room with an area of eighty square feet will be considered a room. Bathrooms I shall have no minimum area requirements. Rule 2 General Provisions 2-1 Coverage - These service regulations govern the sur>plying by the utility, and taking by its customers, sewer service to the utility1s sewer system. These regulations are subject to revision, upon approval by the Commission, and supersede all regulations by whatever term designated, which may heretofore govern the collection and treatment of water born wastes. 2-2 Purpose - These service regulations are intended to define good practice which can normally be expected, but are not intended to exclude other accepted standards and practices not covered herein. They are intended to ensure adequate service to the public and protect the utility from unreasonable demands. ORDINANCE NO. 1081 -~ -~._~---------~--"""--- -.'~ 133 2-3 Information Available to Public -There shall be made available to the public at the office of the Cormnission and at the principal offices of the utility copies of these service regulations and the rate schedules, forms of agreement for sewer collection and treatment standards of the utility. 2-4 Waiver of Regulations - In any case where compliance with any of these rules introduces unusual difficulty, such rule may be temporarily waived by the Commission upon application of the utility or the customer. If in any case compliance with I a rule would cost more than the results of such compliance are worth, such rule . may be permanentl y - set as i de py the CQl11(!li ssion~., .. . Rule 3 Service to be Provided 3-1 Utility Will Furnish Sewer Service, for Certain Specific Purposes - For Specific Sum, on Metered or Nonmetered Basis - The utility agrees to furnish sewer services for certain specified purposes as contained in the service agreement, for a certain specified sum based either on a metered or nonmetered rate as hereinafter provided. 3-2 Sewer Service for Customer Usage OnlY - If a customer furnishes other individuals or entities with' sewer services without permission from the utility, or utilizes the sewer service for other purposes than for which it was intended, that customer is in violation of his service agreement. Customers in violation of their service agreements may have their water service discontinued until such time as the charge for such additional service has been paid, together with the actual additional expense incurred by the utility in discontinuing or reconnecting water service. 3-3 All Customers Are Prohibited From Providing Sewer or Other Service to Other Individuals Of Entities from the Utility's System Without Receiving Permission, In Writing, From the Utility - In no instance may the customer extend his sewer facilities across or under a street, alley, lan~.. court or avenue, or other public or private space, existing under different ownership, in order to obtain a rate advantage by taking sewer service for two or more premises through one connection. 3-4 Sewer Util ity System - Unauthorized Taps Prohibited - With the exception of special installation approved by the utili:ty, no person or other entity, other than agents, representatives or employees of the utility shall connect to the utility's collection system or service lines attached thereto. I 3-5 Easements - Ri ght-of-l;/ay- Permi tsRequired to be Furni shed Uti 1 ity - A customer, or prospective customer, must furnish all easements, cleared rights-af-way, and permits necessary to enable the utility to supply the service required. 3-6' Access to Premises - The utility's employees or representatives, or other authorized persons, shall have access at reasonable hours to enter any premises where sewers are used, for the purpose of making inspection, or investigation. Rule 4 Service Agreement 4-1 Application for Service - A utility may require a customer or prospective customer to sign one of the utility's standard application or service agreement forms. The application or agreement shall be binding only after acceptance by a duly authorized representative of the utility. In case of acceptance of service by a customer prior to the signing of such agreement, customer shall pay for the service so furnished in accordance with the applicable rate schedule or schedules in force and shall abide by these service regulation. Rule 5 - Establishment of Credit . Customer Deposit for Guarantee Payment 5-1 When Requi red - Util ity may at any ti me requi re from any customer, or prospecti ve customer, that it establish credit as hereinafter set forth or, that the customer or prospective customer, deposit a certain amount of funds to guarantee payment of utility bills. Regulations regarding the establishment of credit and the filing of deposit to guarantee payment are as hefeinafter set forth. 5-2 Establishment of Credit - Residential - An applicant for residential utility service may establ ish credit by demonstrating to the util ity anyone of the following factors: (a) Prior service with utility in question within the previous 12 months during which for at least six consecutive months service was rendered and was not I disconnected for failure to pay the utility bill and no more than one (1) delinquency notice was served upon applicant. (b) Prior service with a utility of the same type as that of which service is sought with a satisfactory payment record as demonstrated in (a) above, provided that the reference may be quickly and easily checked by the utility and the necessary information is provided. ORDINANCE NO. l~Gl -, tJ4 (c) Inltiationorcontinuation of service to a residence where prior customer still resides and where any balance for such service to that prior customer is past due or owing. (d) Where the customer is a tenant or lessee of rented property where the landlord or lessor has not assumed, in writing, obligation to pay the utility bill on behalf of the tenant or lessee or a satisfactory guarantor has not been furnished as provided in Rule 5-2(e). I (e) Where the Customer has, in an unauthorized manner, interfered- with the service of the utility situated or delivered on or about the customer's premises within the last five years, if the finding of unauthorized interference or use is made and determined after notice and opportunity for hearing is provided to the customer and is not in dispute. 5-5 Prohibited Standards for Requiring Cash Deposits or Other Guarantee for Residential Service - A utility shall not require a cash deposit or other guarantee as a condition of new or continued residential utility service based upon commercial credit standards (except as provided in these rules), income, home ownership, residential location, race, color, creed, sex, age, national origin, or any other criteria not authorized by these rules. This rule does not prohibit a utility from ensuring that agreements with customers who may be incompetent, such as minors, are made in such a manner and with such persons, as to be legally binding. 5-6 Amount of Deposit - In instances where a deposit may be required by the utility, the deposit shall not exceed one-sixth of estimated annual billings. 5-7 Interest on Deposits - Simple interest at the rate of six (6) percent per annum on the amount of the deposit shall be paid to the customer upon refund of such deposit, or shall be paid annually to the customer upon demand, provided said deposit has remained intact with the utility for a period of at least six months, in order to earn such interest. Interest shall cease on the date of termination of service or refund deposit. 5-8 Refund of Deposits - (1) Utility may refund any customer's deposit, or a part thereof, by check or by credit to customer's account at any time; and, any unpaid interest due on the refund shall be paid to date of refund on such portion of the deposit as has been held intact by utility for six months or more. (2) Deposit plus accrued interest shall be refunded under the following circum- I stances and in the following form: (a) Satisfactor~ Payment: Where the customer requests the refund, and has for 18 consecutlVe months paid for service when due in a prompt and satisfactory manner as evidenced by the following: ( i ) The utility has not initiated disconnection proceedings against the customer. (ii) No more than two notices of delinquency have been made to the customer by the util i ty. (b) Termination of Service: If the deposit is not returned as above provided, upon termination of service the util ity shall return to the customer the amount then on deposit plus accrued interest less any amounts due the utility by the customer for service rendered. 5-9 Record of Deposits - A utility s ha 11 mai ntai'n a record of all depos i ts recei ved from customers, showing the name of each depositor, the date and amount of the deposit made, the location of the premises occupied by the depositor at the time of making the deposit, and each successive location while the deposit is retained. (a) Each customer posting a cash deposit shall receive in writing at the time of tender of the deposit a receipt as evidence thereof, which contains the following minimum information. (i ) Name of customer; ( i i ) Address of customer; (iii) Place of payment; (iv) Date of payment; (v) Amount of payment; I (vi) Identification of the employee receiving the payment; and (vii) Statement of the terms and conditions governing the receipt, retention and return of deposit funds. (b) A utility shall provide means whereby a customer entitled to a return of his deposit is not deprived of deposit funds even though he may be unable to produce the original receipt for the deposit. In such event utility records shall be controlling. ORDINANCE NO. 1081 - 135 5-10 Deposits - Uniform App1 ication- A util ity shall apply deposit standards uniformly as condition of utility service to all residential customers. 5-11 Guarantee in Lieu of Deposit - In lieu of cash deposit required by these rules, a utility shall accept written guarantee of a responsible party as surety for a customer service account; for the purpose of this rule, a "responsible party" shall mean: I (a) Any individual or business entity which has maintained service with the utility in question for the previous 24 months, and who has not had service disconnected for failure to pay and has received no more than two delinquency notices. (b) Any special fund identified in writing as a guarantee and approved by the utility. 5-12 Guarantee Terms Conditions - Release of guarantee - A guarantee accepted in accordance with these rules is subject to the following terms and conditions: (a) It shall be in writing, and if necessary shall be renewed in a similar manner annually. (b) It shall state the terms of guarantee, the maximum amount guaranteed (such maximum not to exceed an estimated one year bill, such estimation to be made at the time. the service is established), and that the utility shall not hold the guarantor liable for sums in excess thereof unless agreed to in a separate written instrument. 5-13 Guarantor Released When - The guarantor shall be released, and upon the satisfactory payment by the customer of all property charges for uti1 ity service for a period of 12 successive months. For purposes of this sub-rule, payment is satisfactory if: (a) The utility has not initiated disconnection proceeding against the customer. (b) No more than two notices of delinquency have been made to the customer by the util ity. The utility may withhold the release of the guarantor pending the resolution of a disputed discontinuance. I Rule 6 Service Conditions 6-1 Supplying of Service - Service will be supplied only under and pursuant to these service regulations, and any modifications or additions thereto laWfully made, and under such applicable rates, schedules and contracts as may from time to time be lawfully established. 6-2 App1icab1e Rates, Regulations and Contracts Controlling - Service at Existing Points of Collection Only - Service will be supplied under the applicable rates, schedules and contracts only at points of collection as are presently existing on the uti1ity1s system. 6-3 Line Extension Costs - Borne by Customer - Line extension costs will be borne by the customer requesting that service. 6-4 Method of Hilling - Multiple DeH'veryPoints - Separate Meters - Single Customer - Where separate points of delivery exist for supplying service to a single customer, or separate meters are maintained and provided for measurement of service to a single customer, each point of collection or metering shall be separately billed under the applicable rates. 6-5 Applications for Sewer Service - Application for the use of sewer from an existing service must be made at the City Finance Office ona printed form provided for that purpose. Service will be furnished to any customer who fully and truly sets forth all the purposes for which water may be required and who agrees to and conforms with all the rules and regulations governing the service; provided the purposes set forth comply with all the uti1ity1s rules and regulations as on record and approved by the Commission, and, that the existing utility sewer system is adequate to meet the use for which the application is made. 6-6 Implementation of Sewer Service ~ Credit or Deposit Required -All sewer services I to any premises shall be installed by a bonded installer, except under special conditions approved and inspected by the utility. An application for introduction of sewer service to any premises must be signed by the owner or the owner1s designated agent and must be made on a regular form furnished by the utility for that purpose. Prior to approval of such application the utility may require the customer to establish credit or to furnish a deposit as provided in Rule 5. The util ity shall then i nsta 11 the servi ce to the property 1 i ne, and the customer shall have the service brought to the building by a bonded installer, agreed upon between utility and customer. ORDINANCE NO. 1081 136 .' .. * Utility shall not be liable to customer or others for failure or interruption , 6-7 Following Repair of Leaks - Customer's Account t.1ay.be Adjusted - Following completion of the repair of customer's lines, the utility may adjust the customer's account to the extent of actual water consumed retroactive for three (3) billing periods commencing upon completion of the repair. The customer will be responsible for notifying utility of the repair made. 6-8 Continuity of Service - Utility shall make reasonable effort to avtldd interruption of service, and when such interr- of sewer service due to acts of God, governmental regulations, court of I uptions occur, shall Co~ission orders, acts.o~ the public ene~y, stri~es or labor difficu~ties, reestablish service accldents, weather condltlons, acts of thlrd partles, droughts, or, wlthout with reasonable limitation by the foregoing, any other cause beyond the reasonable control of dil igence. * uti li ty. 6-9 Utility System Maintenance - Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right~of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the property owner. 6-10 Suspension of Service for Repairs and Changes - Hhen it is necessary for the utility to make repairs or to change its sewer collecting system, utility may, without incurring any liability therefor, suspend manner as to minimize the inconvenience to customers. 6-11 Sewer Utility System - Maintenance and Repair - Utility Personnel Only - With the exception of special installations approved by the utility, no person, or other entity, other than agents, representatives or employees of the utility shall maintain or repair the utility's sewer system. 6-12 Violation of Regulations - Nonpaymentof.Sewer Charges - For violation of any of these regulations or for non-payment of sewer charges, as provided in the utility's schedul e of rates and charges currently on fil e with and approved by the Commission, the utility has the right to disconnect sewer service following ten (10) days written notice to the customer. After service has been discontinued the same shall not be reinstated until all delinquent charges are paid. Costs of all disconnects and/or subsequent reconnects shall be borne by the customer. 6-13 Meter Service Billing - Payment of Sewer Charges - Delinquent Charges - All metered services shall be billed based on the actual water consumed, based on rates and charges on file with and approved by the Commission. Payment is due upon recei pt of the bi 11, and wi 11 be cons i dered deli nquent if not pa i d by the I 15th day of the month in which it is received. If the bill is not paid within 30 days after it has become delinquent, the water service will be disconnected after a 10 day written notice. Service shall not be reinstated until delinquent charges are paid, together with the cost incurred by the utility in disconnecting or subsequently reconnecting the line. 6-14 Flat Rate Service - Billing - Payment of Charges - Delinquent Charges - All flat rate services shall be billed monthly in advance, on or about the first day of each month, based on rates and charges on file with and approved by the Commission. Payment is due upon receipt of the bill, and will be considered delinquent if not paid by the 15th day of the month in which it is received. If the bill is not paid within 30 days after it has become delinquent, the sewer service will be disconnected after a ten (10) day written notice. Service will not be reinstated until delinquent charges are paid, together with the cost incurred by the utility in disconnecting-and subsequently reconnecting the line. Section 2 (10.16.010) DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in these rules shall be as follows: (1) "B.O.D." denotlngbiochemical oxygen demand, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in parts per mil"! ion by weight. (2) "Building drain" means 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 buildings and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. I (3) "Building Sewer" means the extension from the building drain to the public sewer or other place of disposal. (4) "Combined Sewer" means a sewer receiving both surface runoff and sewage. (5) "Engineer" means the City Engineer, or his authorized deputy, agent or representative. (6) "Estimated maximum daily discharge" means the greatest discharge into the sewerage system which it is estimated will occur in anyone twenty-four day during the year. (7) "Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. ORDINANCE NO. 1081 .. - 137 (8) "Industrial wastes" means the liquid wastes from industrial processes as distinct from sanitary sewage. (9) "Natural outlet'l means any outlet into a watercourse, pond, ditch, lake or other body or surface or ground water. (10) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. I (11) "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all , particles will be carried freely under theflow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. (12) "Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority. (13) "Sanitary Sewer'l means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. (14) "Sewage" means a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. (15) "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage. (16) "Sewer" means a pipe or conduit for carrying sewage. (17) "Sewerage works" means all faci 1 ities for coll ecti on, pumpi ng, treating and disposing of sewage. (18) "Storm sewer or storm drain" means a sewer which carries storm and surface waters and drainage, but excludes sewage and pol'luted industrial wastes. (19) "Suspended Sol ids" means solids that either float on the surface or are in suspension in water, sewage or other liquidS, and which are removable by laboratory fi 1 teri ng. I (20) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 947 Sec. 1) (10.16.020) DEPOSITING OF OBJECTIONABLE WASTE. No person shall place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the city or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. (Ord. 947 Sec. 1 (part), 1974). (10.16.030) OWNER'S DUTY TO USE PUBLIC SEWER. The owner of any house, building or other property used for human occupancy, employment or recreation, which is situated within the City and abuts on any street, alley or right-of-way in which there is located a pub 1 i c san ita r'y 1 a tera 1 sewer of the City withi n one hundred feet of the property line, shall install suitable t6ilet f~cilities therein at his own expense and connect such facilities directly with the proper sewef. The connection shall be made within ninety days after such owner is given official notice to make the connection by the City Manager or City Commission. (Ord., 947 Sec. 1 (part) 1974). (10.16.040) INSPECTION OF SEWERAGE FACILITIES. The City Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this rule. (Ord. 947 Sec. 1 (part), 1974) (10.16.050) SEWAGE DISPOSAL FACILITIES. It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, unless such facility is approved by the City-County Sanitarian and a public sewer is not available. (Ord. 947 Sec. 1 (part), 1974). (10.16.060) DISCHARGE OF POLLUTED WATERS. It is unlawful to discharge into ~ny natural outlet within the City in,alJYarea under the jurisdiction of the City, any sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this thapter. (Ord. 947 Sec. 1 (part), I 1974). . (10.16.070). TN1PERING WITH OR DAMAGING.SEWE.RAGE SYSTEM. No person Sh~ll. maliciously, wl11fully or negllgently break, damage, destroy or deface any structure, equlpment or other appurtenance of the sewerage system or works. No unauthorized person shall uncover, tamper with or attempt to repair any such equipment. (Ord. 947, Sec. 1 (part), 1974). ORDINANCE NO. 1081 lias ~ . (10.16.080) EMPTYING SEWER INTO OPEN DITCH. Any person who constructs or maintains any sewer which empties into any open ditch within the City shall, on conviction thereof, be deemed guilty of maintaining a nuisance. (Ord. 947 Sec. L (part), 1974). (10.16.090) DISCHARGING CERTAIN ~1ATTERS INTO SEWERS PROHIBITED. Except as hereinafter provided, no person shall discharge or cause to be discha~ged any of the following described waters or wastes into any public sewer: I (1 ) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit; (2) Any water or waste which may contain more than twenty-five parts per million, by weight, of fat, oil or grease; I , (3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; (4) Any garbage that has not been properly shredded; (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to.the flow in sewers, or other interference with the proper operation of the sewerage works; (6) Any waters or wastes having a pH lower than 5.5 or higher than 910 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works; (7) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard t/J/ Mfn/1M/ /Jt! /J./t/Jfn/J.~M./ tt~/J.t# /J./ j)pfJJ./It! /IP;'p/J./If.ftM fJt/ f:.tfiftM=/ ftN// 'J1ftl-ftrfl inor have an adverse effect on the waters receiving any discharge from the treatment works; (8) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; (9) Any septic tank pumpings or material taken from cesspools, privies or other I sewage treatment systems; (10) Any noxious or malodorous gas or substance capable of creating a public nuisance. (Ord. 947 Sec. l(part), 1974). (11) Any waters or wastes containinq iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the compos ite wastewater at the wastewater treatment works exceeds the 1 imits establ i shed by the engineer for such materials. (12) Any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the engineer in compliance with applicable state or federal regulations. (13) Quantities of flow, concentrations, or both which constitute a "slug". A "slug" shall mean any discharge of water or wastewater which in 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 (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. (14) Waters or wastes containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed, or are amendable to treatment only to tt~/J.t~nt/pJ./J./It/ftffflPft/lt such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; and (15) Any waters or wastes which, by interaction with other water or ~astes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the co11 ecti on system, or create a conditi on del eterious to structures and treatment I processes. (10.16.091) 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 10.16.090 and which in the judgment of the Engineer, may have a deleterious effect upon the wastewater facilities, processes, equi~ment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Engineer may: (a) Reject the wastes, (b) Re~uire pretreatment to an acceptable condition for discharge to the public sewers, ORDINANCE NO. 1001 ~'.: 139 (c) Require control over the quantities and rates of discharge, and/or (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges. When considering the above alternative, the Engineer shall give consideration to the economic impact of each alternative on the discharger. If the Engineer permits the pretreatment or equalization of waste flows, the design and installation of the plants I and equipment shall be subject to the review and approval of the Engineer. (10.16.100) GREASE, OIL AND SAND INTERCEPTORS. Grease, oil and sand inter- ceptors shall be provided when, in the opinion of the :Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that such inter- ceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Engineer. Industrial cooling water or unpolluted water will be kept out of the interceptor. Parts will be maintained accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in.temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall. be gastight and.watertight, where deemed necessary for safety reasons. (Ord. 947, Sec. 1 (part), 1974). (10.16.110) MAINTENANCE OF INTERCEPTORS. Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times. (Ord. 947, Sec. 1 (part), 1974). In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the Engineer. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms. (10.16.120) UNPOLLUTED DRAINAGE - STORM SHJERS. Storm water and all dtih"E!r unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Engineer. Industrial coolinq water or unpolluted process waters may be discharged, upon approval of the Engineer, I to a storm sewer or natural outlet. (Ord. 947, Sec. 1 (part), 1974). (10.16.130) SANITARY SEWER HANDLING UNPOLLUTED DRAINAGE. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, COOling water or unpolluted industrial process waters into any sanitary sewer. (Ord. 947, Sec. 1 (part), 1974). (10.16.140) APPROVAL REQUIRED FOR DISCHARGE OF CERTAIN SEWAGE. The Engineer1s approval shall be required for.the admission into the public sewers of any waters or wastes having the fOllowing characteristics: (1) A five day B.O.D. greater than two hundred parts per minute by weight; (2) More than two hundred fifty parts per million by weight of suspended solids; (3) Containing any quantity of substances described in Section 10.16.090; (4) Having an average daily flow greater than two percent of the averane daily sewage flow of the City (Ord. 947, Sec. 1 (part), 1974). (10.16.150) PRELIMINARY TREAH1ENT FACILITIES. Where it is necessary in the opi nion of the Engineer to provide preliminary treatment of sewage to: (1) Reduce the B.O.D. to three hundred parts per million and the suspended solids to three hundred fifty parts per million by weight; or (2) Reduce objectionable characteristics or constituents to within the maximum 1 imits provided by this chapter; or (3) Control the quantities and rates of discharge of such waters or wastes; the owner shall provide proper facilities at his own expense. Plans, specifications I and other pertinent information concerning the proposed facilities shall be submitted for the approval of the Engineer and the State Board of Health. No construction shall be commenced until such approvals are obtained in writing. (Ord. 947, Sec. 1 (part), 1974). (10.16.160) MAINTENANCE OF PRELIMINARY TREATMENT FACILITIES. I,)here prel iminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 947, Sec. 1 (part), 1974). ORDINANCE NO. 1081 140 .... (10.16.170) CONTROL MANHOLES. Where required by the Engineer the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measure- ment of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Engineer. 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. (Ord. 947,Sec. 1 (part), 1974). (10.16.180) SEWAGE TESTING AND ANALYSIS. All measurements, tests and analysis of I the characteristics of water and wastes to which reference is made in Sections 10.16.190 and 10.16.140 shall be determined in accordance with "Standard ~1ethods for the Examination of Water and Sewage", and shall be determined at the control manhole provided for in Section 10.16.170, or upon suitable samples taken at such control manholes. In the event that no special manhole has been required, the control manhole shall be con- sidered to be the nearest manhole downstream to the point in the public sewer at which the building sewer is connected. (Ord. 947, Sec. 1 (pa rt), 1974). (10.16.190) SPECIAL AGREEMENTS FOR UNUSUAL SEWAGE TREATMENT. No statement contained in this chapter 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 therefor by the industrial concern. (Ord. 947, Sec. 1 (part), 1974). (10.16.200) VIOLATOR LIABILITY FOR DAMAGES. Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned to the City by reason of such violation. (Ord. 94~ Sec. 1 (part), 1974). (10.16.210) NOTICE TO VIOLATORS. Any person, found to be violating the provisions of this chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for its satiSfactory correction. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 947, Sec. 1 (part), 1974). (10.16.220) . PERMIT REQUIRED FOR CONNECTION OR USE. 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 Engineer. (Ord. 947, Sec. 1 (part), 1974). (10.16.230) DESIGN AND CONSTRUCTION OF SANITARY SEWERS, BUILDING SEWERS AND I CONNECTIONS. (10.16.231) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or 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 consldered as one building sewer, but the City does not and will not assume any obligation or responSibility for damage caused by or resulting from any such single connection aforementioned. (10.16.232) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Engineer, to meet all requirements of this ordinance. (10.16.233) The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench, shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of suitable code provisions or in amplifi- cation thereof, the materials and procedures set forth in appropriate specifications of A.S.T.M. and W.P.C"F. Manual of Practice No.9 shall apply. (10.16.234 ) 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 dis- charged to the building sewer. (10.16.235) No person(s) shall make connection of roof downspouts, 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 indirectly to I a public sanitary sewer. (10.16.236) 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.S.T.M. and the W.P.C.F. Manual of Practice No.9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Engineer before installation. ORDINANCE NO. 1081 ~---~---- ."- 141 (10.16.237) The applicant for the building sewer permit shall notify the Engineer when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Engineer or his representative. (10.16.238) All excavations for building sewer installation shall be ade- quately guarded with barricades and lights~s to protect the public from hazard. Streets, sidewalks, parkways, and other public. property disturbed in the course I of the work shall be restored in a manner satisfactory to the City. (10.16.240) The Engineer may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include: (1) Wastewaters discharge peak rate and volume over a specified time period. (2) C~emical analysis of wastewaters. (3) Information on raw materials, processes, and products affecting wastewater volumeind quality. (4) Quantity and disposition of specified liquid, sludge, oil, solvent, or ~ othermatertals~important~to:s~~~r-~se control. (5) A plot plan of sewers of the user's property showing sewer and pretreatment facility location. (6) Details of wastewater pretreatment facilities. (7) Details of systems to prevent and control the losses of materials through i:spil :lls tomunici!pal sewer. (10.18.0lD) SEWER AGREEMENT AND PERMIT. The following factors will be considered by the City Commission of the City of Bozeman, in determining whether or not to extend water or sewer service outside of the City limits of the City of Bozeman: (1) Orderly growth and development of the City of Bozeman; (2) Water and land pollution abatement or control; I (3) Need of per. sons or industries requesting service as determined by the City Commission of the City of Bozeman; (4) Capacity of the utility system of the City of Bozeman to serve property outside of the City limits of the City of Bozeman; (5) Extension of water or sewer service facil ities outside of the City 1 imits of the City of Bozeman will not be approved if the property to be served has been determined by an engineering analysis to be outside of the areas that the existing water system, sewer collection system and sewage treatment facilities are designed and constructed to serve. The City Manager of the City of Bozeman will be responsible for submitting information and recommendations pertaining to the foregoing factors. (Ord. 947, Sec. 2 (part), 1974). (10.18.020) RENTAL AGREEMENT. The cost of water and/or sewer line extensions outside the City-limits of the City of Bozeman shall be borne by the owners of the property to be served, who shall also pay all water and sewer assessments and rates. (Ord. 947, Sec. 2 (part) 1974). (10.18.030) PRESCRIPTION AND INSPECTION OF RULES. Any person, firm or corporation requesting water and/or sewer service outside of the incorporated limits of the City of Bozeman shall be required, as a condition precedent to the extension of such service to execute and deliver to the City of 80zeman a written consent of annexation of the property to be served by the water and/or sewer facil ities. All extensions of water and/or sewer lines outside the City limits of the City of Bozeman shall be constructed in accordance with the design and specifications approved by the City Engineer of the City of Bozeman prior to the installation of the water and/or sewer lines. (Ord. 947, Sec. 2 (part), 1974). I (10.18.040) SEWER CONNECTION CHARGE. A charge based on actual cost shall be made for each connection to any lateral of the City sewerage system to serve property located outside the City limits. The charge established by this section shall apply to each dwelling or building connected with a sewer lateral. (Ord. 947, Sec. 2 (part), 1974). ORDINANCE NO. 1081 --- --"------- ,142 '" ;. (10.18.050) MlINTr:TPAI SEWERAGF SYSTEM RATFS ,CHARGES AND RENTAl S.: The sanitary sewerage disposal rates, cnarges and rentals shall be charged by the City and paid monthly for all premises outside the City limits which are now or hereafter connected with the sewerage system of the City of Bozeman sanitary sewerage disposal based upon the total comsumption of water used during the months of November, December, January and February on the respective premises. The rate shall be computed in the same manner as for City residents, and where the character of the waste exceeds the limit- ations imposed by the ordinances of the City of Bozeman, the surcharges shall be I based on a formula used by the City with the determination of the charge made by the office of the City Engineer. (Ord. 947, Sec. 2 (part), 1974). (-10.18.060) APPLICARII TTY OF CHAPTER OF PlUMBING COOF:. Any person owning or leasing property outside the corporate limits of the City now connected with the system of sanitary sewers shall be subject to the provisions of this chapter. As a condition and a prerequisite for the continuing use of the sanitary sewerage system, the plumbing inspector may, upon demand, inspect the plumbing on such property and require the owner or occupant to comply with the latest plumbing code. The plumbing upon any property which is to be connected with the City sewerage system shall comply with the plumbing code. (Ord. 947, Sec. 2 (part), 1974). (10. 19. 010 ) PERSONS LIARI F FOR SEWERAGE RATES, CHARGES AND RENTALS. The rates, charges and rentals for sewage disposal service provided by the sewerage system of the City shall be imposed upon the parties and properties which are connected thereto for sanitary sewerage disposal. (Ord. 947, Sec. 3 (part), 1974). (10.19.011) ANNUAL COST OF OPERATION AND MAINTENANCE AND PROCEDURES FOR DETERMINTNG. The City of Bozeman, or its City Engineer, shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, lab- oratory tests, and a reasonable contingency fund. (10.19.012) DETERMINING EACH USER'S HASTHIATERCONTRIBUTION PERCFNTAGE. The City of Bozeman, or its City Engineer, shall determine each user's average daily volume of wastewater, which has been discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system, to determine each user's Volume Contribution Percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration I and i nfl ow. The City of Bozeman, or its City Engi neer, shall determi ne each user's average daily poundage of 5-day 20 degree Centigrade Biochemical Oxygen Demand (BOD) which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all 5-day BOD discharged to the wastewater system to determine each user's BOD Contribution Percentage. The City of Bozeman, or its City Engineer, shall determine each user's average Suspended Solids (SS) poundage which has been discharged to the wastewater system ~hich shall then be divided by the average daily poundage of all Suspended Solids discharged to the wastewater system, to determine the user's Suspended Solids Contribution Percentage. Each user's Volume Contribution Percentage, BOD Contribution Percentage and Suspended Solids Contribution Percentage shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, of the total 5-day 20 degree centigrade BOD and of the Suspended Sol ids, respectively. pO.19.013) DfTERMTNING A SlIRr:HARGF FOR IISFRS WITH FXr:FSS ROD AND SS. The City 0 Bozeman, or ltS City Engineer, will determine the average suspended sol ids (SS) and biochemical oxygen demand (BOD) daily loadings for the average residential user. The City of Bozeman, or its City Engineer. will assess a surcharge rate for all non-residential users discharging wastes with BOD and SS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the costs of treating such users' above normal BOD and 250 P.P.M. 55. The surcharge rate structure for such above normal strength waste discharges is attached. (Appendix A) (10.19.014 ) DETERMINING EACHUSER'5 WASTEWATER SERVICE CHARGES. Each non- residential user's wastewater treatment cost contrlbutlon as determined in paragraphs 10.19.012 and 10.19.013 shall be added together to determine such users' annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each user based upon I an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial, and other nonoresidentail esta- blishments are equivalent to the wastes from the average residential user with respect to volume, suspended solids, and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule. (Appendix A) ORDINANCE NO. 1081 ~-- . --~- _.~_.~.--- ... '" (10.19.015) PAYMENT OF THE USER'S WASTEWATER SERVICE CHARGE AND PENALTIES. The City shall submit an annual statement t6 the user for the user's annual wastewater service charge or one-twelfth of the user's annual wastewater service charge may be incl uded with the monthly water and/or wastewater util ity bill ing. The City shall add a penalty of l~percent per month if the payment is not received by the City within 15 days. ~tv /d/W/ ftmi if/dli/l! M' tIJIy//rI}€! /$I!Ir/ try/ /rI)e/ !:/iN:l/ I4iNtVt /If.:t JWitl./ Shoul d any user fail to pay the user wastewater service charge and penalty within three I months of the due date, the City may stop the wastewater service to the property. (10.19.016) RFVIEW OF EACH USER'S WASTEWATER SERVICE CHARGE. The City shall review the total annual cost of operation and maintenance as well as each user's Wastewater Contribution Percentage rTot--less.often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If a significant user, such as an industry, has completed in-plant modifications which would change that use~'s Wastewater Contribution Percentage, the user can present at a regularly scheduled meeting of the governing body, such factual informatinn and the City shall then determine if the user's Wastewater Contribution Percentage is to be changed. The City shall notify the user of its finds as soon as possible. (10.19.017) NOTIFICATION. Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. (10.19.020) WASTES PROHIBITED FROM BEING DISCHARGED TO THE WASTEWATER TREATMENT SYSTEM. The discharge of any water containing toxic or poisonous solids, liquids, or gases in sufficient quantity either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or 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 or have an adverse effect on the waters receiving any discharge from the treatment works is hereby prohibited. The City's Sewer Use Ordinance (Chapter 10.16.00) contains additional require- ments covering the use of the City's public service. (10.19.021) PROHIBITION OF CLEAR WATER CDrJNECTIONS. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which I in turn is connected directly or indirectly to a public sanitary sewer. (10.19.030) PROPER DESIGN AND CONSTRUCTION OF NEW SEWERS AtID CONNECTIONS. The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections and the methods to be used in excavating, placing of the pipe, joini~g," testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Bozeman and the State of Montana. 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. The City's Sewer Use Ordinance (Chapter 10.16.00) contains additional require- ments covering the proper design and construction of the City's sanitary sewers, buildings sewers and connections. (10.19.040) PAYMENT OF SEWERAGE CHARGE - STATUS OF DEBT. The sewerage charges for each premises shall be personal or corporate ob1 igations of the same party or parties who are obligated for payment of City water bills for such premises, according to the ordinances and regulations respecting the City water utility. It is the duty of the water department of the City to prepare, issue and mail, as near as may be to the first day of each calendar month, a statement of the seweraqecharge for each user of the sewerage utility. In all cases the sewerage charges shall appear as a surcharge, separately state~upon the water bill as rendered. Each such charge shall be due and payable at .the time and place as the water bill on whith it is shown, and no payment shall be accepted by the City, or any of its officers or employees, of a water bill without concurrent payment of the sewerage charge; and all of the penalties, including the shutting off of the customer's water supply, shall be applied in each case of non- payment of the sewerage charge in like manner as for nonpayment of the water charge. Each user of the sewerage utility shall be deemed to have contracted and agreed to pay the sewerage charges hereby imposed, and such charges may be collected by actions at law whenever the same are more than thirty days overdue and shall bear interest I at the highest rate allowed by law for contract indebtedness from and after the fifteenth day of the month in which the charge becomes due and payable. To the full extent now or hereafter permitted by law, overdue sewerage charges shall constitute a lien upon, and enforceable against, the real estate constituting the premises which was the user of the sewerage utility for which the charges were imposed. No subsequent owner or occupant of any premises for which any sewerage charge is overdue shall be entitled to water or sewerage service until the overdue charge is paid, notwithstanding that such subsequent owner or occupant may not have been personally obligated therefor. (Ord. 947,Sec 3 (part), 1974). ORDINANCE NO. 1081 144 ,,+,. . (10.20.010) PAYt1ENTS. Pursuant to the provisions of R.C.t1. 11-3302, it is provided that whenever any sewer connection shall be made voluntarily, or ordered to be made by the director of public service, and the person so voluntarily making such connection or making it pursuant to such order shall within thirty days after such connection is completed request in writing filed with the Clerk of the Commission that the cost thereof be divided into not more than eight equal annual payments with interest on the deferred payments at not to exceed six percent per year, the director of finance shall make the appropriate entry on his books of account and the assessment shall be certified I and collected as are other assessments for street improvements. (10.21.010) PURPOSE. The purpose of this rule shall be to recover the pro- portionate share of the Federal Grant from users discharging industrial wastewater to the wastewater system. An industrial user1s share shall be based on factors which significantly influence the cost of the treatment works. Such factors include volume, strength and delivery flow rate characteristics. (10.21.020) DEFINITION OF AN INDUSTRIAL USER. Any non-governmental, non~. residential user of the City's wastewater treatment works discharging more than the equivalent of 25,000 gallons per operating day of sanitary wastes and identified in the Standard Industrial Classification Manual, 1972, Office of the Management', and Budget, as amended and supplemented, under one of the following divisions: Division A - Agriculture, Forestry, and Fishing Division B - Mining Division D - Manufacturing Division E - Transportation, Communication, ElectHc, Gas and Sanitary Service Division I - Services (a) In determining the amount of a user's discharge for purposes of industrial cost recover~ the grantee may exclude domestic wastes or discharges from sanitary conveniences. (b) After applying the sanitary waste exclusion in sub-paragraph (a) of this paragraph (if the City chooses to do so), discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of 5-day Biochemical Oxygen Demand (BOD) or Suspended Solids (SS) equivalent to that weight found in 25,000 I gpd of sanitary wastes are considered to be industrial users. Sanitary wastes, for purposes of the calculation of equivalency, are the wastes discharged from residential users. Residential strength wastes are considered to contain 200 ppm BOD and 250 ppm SS. (10.21. 030) DETERMINING EACH INDUSTRIAL USER'S HASTEHATER CONTRIBUTION PERCENTAGE. The City of Bozeman, or its City Engineer, shall determine the industry's average daily volume of wastewater discharged to the \oJastewater system, which shall then be divided by the wastewater facility's average daily volume flow design capacity, to determine each industry's volume contribution percentage. The City of Bozeman, or its City Engineer shall determine each industry1s averaqe daily poundage of 5-day or 20 degree centigrade Biochemical Oxygen Demand (BOD), which shall then be divided by the wastewater treatment facility's average daily BOD design capacity to determine such industry's BOD contribution percentage. The City of Bozeman, or its City Engi neer, shall determi ne each industry I s average Suspended Sol ids poundage discharged to the wastewater system whH:h shall then be divided by the wastewater treatment facility1s average daily suspended solids design capacity. No credit shall be given to the industry for the time period when the user is not operating and not discharging wastewater. (10.21.040) DETERMINING THE ANNUAL INDUSTRIAL COST RECOVERY AMOUNT. Each of the industrial user's wastewater contribution percentages determined in 10.21.030 shall be multiplied by the Step 1, 2 and 3 Grant amounts able to be allocated to treatment by volume flow, BOD and SS respectively. These amounts shall be added together and then divided by the life of the project in years to obtain the annual industrial cost recovery for each user. M/ /rIirJi Ml6IV p,ne; A*'MttItI iii:! /itwM/vI.'tY,/ ;t,.t)e ~/ /i~/iNI! kA'sIrI /r#:.b/v#t:1/ /f/J/r/ ~ Ms#r/. If more than one project is involved, the annual industrial cost recovery anount shall be determined for each project and all such amounts shall be added and billed to the user. (10.21. 050) INDUSTRIAL COST RECOVERY PERIOD. The industrial cost recoverv I period shall be the design period of the project or thirty years, whichever is l~ss. The industrial cost recovery period for the City of Bozeman shall be 20 years. (10.21.060) INDUSTRIES SUBJECT TO THE REQUIREMENTS. The City of Bozeman, or its City Engineer, shall determine the industries subiect to the requirenents of the above rules. ORDINANCE NO. 1081 .' 145 ~I'.. (10.21. 070) PAYMENT OF THE ANNUAL INDUSTRIAL COST RECOVERY AMOUNT. The City shall submit an annual statement to the industry for the annual industrial cost recovery amount. The City shall add a penalty of 1.5 percent per month if the payment is not received by the City within 15 days. Should any industrial user fail to pay the annual industrial cost recovery amount and penalty within three months of the due date, the City may stop the wastewater service to the property. The first payment by an industrial user shall be made not later than one year after such user begins use of the wastewater system. I (10.21. 080) REVIEW OF THE ANNUAL INDUSTRIAL COST RECOVERY AMOUNT. The City shall review the cost recovery system as well as each industrial user's wastewater contribution percentage on an annual basis to assure equity of the annual industrial cost recovery system. If a significant user, such as an industry, has completed in-plant modifications which would change the industry's wastewater contribution percentage, the user-can present at a regularly scheduled meeting off the governing body such factual information 'and the City shall then determine if the industry's wastewater contribution percentage is to be changed. The City shall notify the industry of its findings as soon as possible. (10.21. 090) WASTES PROHIBITED FROM BEING DISCHARGED TO THE WASTEWATER TREATMENT SYSTEM. The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity to either singly or by interaction with other wastes~ to contaminate the sludge of any municipal systems, or 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 or have an adverse effect on the waters receiving any discharge from the treatment works is hereby prohibited. The City's Sewer Use Ordinance contains additional requirements covering the use of the City's public sewers. (10.21.110) RETAINED AMOUNTS. The City of Bozeman shall retain 50 percent of the amounts recovered from industrial users. The remainder together with any interest earned thereon, shall be returned to the U.S. A minimum of 80 percent of the retained amounts after paying the incremental costs of administration, together with interest earned thereon, shall be used solely for the eligible costs (in accordance with Section 35.940 Federal Register of September 27, 1978) of the expansion or reconstruction of treatment works associated I with the project and necessary to meet the requirements of the Act. The City shall obta. in the. written approva.l. of the RegiOnal. Ad.ministrator prior to commitment of the retained amounts for any expansion and reconstruction. The remainder of the retained amounts may be used by the City for any purpose except for construction of i ndustri a 1 pretreatment facil iti es or rebates to i ndustri a 1 user{ s) for costs incurred by such users in complying with Federal User Charge or Industrial Cost Recovery requirements. Pendi ng use, the City of Bozeman sha 11 'invest the reta i ned amounts for reconstruction and expansion in: (I) obligations for the U.S. Government, or (2) obligations guaranteed as to principal and interest by the U.S. Government or any agency thereof, or (3) shall deposit such amounts in accounts fully collatera- lized by obligations of the U.S. Government or by obligations fully guaranteed as to principal and interest by the U.S. Government or any agency thereof. (10.21.120) SAMPLING OF INDUSTRIAL FLOWS. The City of Bozeman, or its agents, shall monitor flows, collect and analyze system. The City may require the industrial user to install a monitoring and sampling manhole or manholes. All costs for flow monitoring, sample collection, and analyzing which the City incurs shall be chargeable to the industrial user. The City shall monitor flows and collect samples on a scheduled basis after consultation with its engineer. The City and its agents shall monitor and sample at random times with a minimum of one sample per year. (10.21.130) RESERVED CAPACITY. The City may permit industrial users to reserve capacity in the treatment works (including used and unused capacity). Such capacity reserved through formal, written agreement is subject to industrial cost recovery as set forth below. In such cases, the industrial user shall be required to pay the full ICR able to be allocated to the capacity reserved. In the event that the industrial user exceeds its reserved capacity, it shall be required to pay ICR calculated on the I full reserved capacity plus additional ICR for use above the limits of the reserved capacity or any element thereof. In the event the City's treatment works are expanded in the future with PL 92-500 grant assistance, an industrial user who has executed a reserved capacity agreement and has made ICR payments based upon full reserved capacity will not incur additional ICR charges associated with the cost of expansion until the industrial user's actual use of the treatment works exceeds its reserved capacity. Industrial users with reserved capacity contracts will, of course, be required to pay any additional ICR charges associated with the cost of upgrading the City's treatment works. ---~-----~-~---~ - -- -- 140 '" (10.21.140) EXCLUSIONS FROM APPLICATION OF INDUSTRIAL COST RECOVERY (ICR). ICR is not required for the following grant costs: (a) Infiltration/inflow correction or treatment. (b) Correction of combined sewer overflows and collection or treatment of storm waters. (10.21.150) MAINTENANCE OF RECORDS. The City of Bozeman shall maintain such I records as are necessary to document compliance with the Environmental Protection Agency's Industrial Cost Recovery Regulations and the provisions of this rule. Such records shall be kept for the cost recovery period. Section 3 All ordinances, rules and regulations previously adopted which conflict with the provisions of this ordinance are hereby repealed. Section 4 Any portion of this ordinance which is declared void or repealed shall not in any manner effect the remaining portions of this ordinance. Section 5 This ordinance shall become effective on October 1, 1981. DATED this 26th day of August 1981- MAYOR ATTEST: I Clerk of the City Commission State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinance No. 1081, was published by title and number in the Bozeman Daily Chronicl~a newspaper of general circulation printed and published in said City of Bozeman in the issue dated the 1st day of September 1981. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my offi ce thi s 29th day of f1arch 1982. Clerk of the City Commission I ORDINANCE NO. 1081 __L___U~______