HomeMy WebLinkAboutOrdinance 74- 947, Amends Chapter 10.16; adds Chapters 10.18 and 10.19, sewage disposal system.
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ORDINANCE NO. 947
AN ORDINANCE OF THE CITY OF BOZEMAN REGULATING THE SEWAGE DISPOSAL SYSTEM
OF THE CITY OF BOZEMAN, MONTANA, AND AMENDING CHAPTER 10. 16 OF THE BOZEMAN
MUNICIPAL CODE.
TO WIT:
BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS,
Section I
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read as follows:
That Chapter 10.16 of the Bozeman Municipal Code be and the same is hereby amended to
Sections:
10.16.010
10.16.020
10.16.030
10.16.040
10.16.050
10.16.060
10.16.070
10.16.080
10.16.090
10.16.100
10.16.110
10.16.120
10.16.130
10.16.140
10.16.150
10.16.160
10.16.170
10.16.180
10.16.190
10.16.200
10.16.210
10.16.220
Chapter 10.16
SEWAGE DISPOSAL SYSTEM
Definitions.
Depositing of objectionable waste.
Owner's duty to use public sewer.
Inspection of sewerage facilities.
Sewage disposal facilities.
Discharge of polluted waters.
Tampering with or damaging sewerage system.
Emptying sewer into open ditch.
Discharging certain matter into sewers prohibited.
Grease, oil and sand interceptors.
Maintenance of interceptors.
Unpolluted drainage - Storm sewers.
Sanitary sewers handling unpolluted drainage.
Approval required for discharge of certain sewage.
preliminary treatment facilities.
Maintenance of preliminary treatment facilities.
Control manholes.
Sewage testing and analysis.
Special agreements for unusual sewage treatment.
Violator liability for damages.
Notice to violators.
Permit required for connection or use.
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10.16.010 Definitions. Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
(1) "B. O. D." denoting biochemical oxygen demand, means the quantity. of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure in five
days at 20 degrees Centigrade, expressed in parts per million by weight.
(2) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
(3) "Suspended solids" means solids that either float on the surface or are in
suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
(4) "Estimated maximum daily discharge" means the greatest discharge into the sewerage
system which it i.s estimated will occur in anyone 24 hour day during the year.
(5) "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 the flaw conditions normally prevailing in public sewers, with no
particle greater than one-half inch in any dimension.
(6) "Garbage" means solid wastes from the preparation, cooking and dispensing of
food and from the handling, storage, and sale of produce.
(7) "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.
(8) "Industrial wastes" means the liquid wastes from industrial processes as distinct
from sanitary sewage.
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(9) "Sewer" means a pipe or conduit for carrying sewage.
(10) "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 the buildings and conveys it to the building sewer, beginning five feet outside
the inner face of the building wall.
(11) "Building sewer" means the extension from the building drain to the public sewer
ORDINANCE NO. 947
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or other place of disposal.
(12) "Puhlic sewer" means a sewer in which all owners of abutting properties have
equal rights and which is, controlled by public authority.
(13) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
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(14) "Sewage treatment plant" means any arrangement of devices and structures used
for treating sewage.
(15) "Sewerage works" means all facilities for collecting, pumping, treating, and
disposing of sewage.
(16) "Storm sewer or storm drain" means a sewer which carries storm and surface
waters and drainage, but excludes sewage and polluted industrial wastes.
(17) "Combined sewer" means a sewer receiving both surface runoff and sewage.
(18) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or
other body of surface or ground water.
(19) "Watercourse" means a channel in which a flow of water occurs, either continuously
or intermittently.
(20) "Engineer" means the city engineer, or his authorized deputy, agent or represent-
ative.
10.16.020 Depositing of objectionable waste. No person shall place, deposit or
permit to be deposited in an unsanitary manner upon public or private property wlthtn the
city or in any area under the_jurisdiction of the city, any human or animal excrement,
garbage or other objectionahle waste.
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 "",ithin
the city and abuts on any street, alley or right-of-way in which there is located a public
sanitary lateral sewer of the city within 100 feet of the property line, shall install
suitable toilet facilities therein at his own expense and connect such faci1tties directly
with the proper sewer. The connection shall be made within 90 days after such owner is
given official notice to make the connection by the city manager or city commission.
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10.16.040 Inspection of sewerage facilities. The city engineer and other duly
authorized employees of the city bearing proper cred~ntials and identification shall be
permitted to enter upon all properties for the purposes of inspection, observation,
measurement, sampling and_ testing, in accordance with tlle provisions of this chapter.
10.16.050 Sewage disposal facilities. It is unlawful to construct or maintain
any privy, privy vault, septic tank, c~sspool or other facility intended or used for the
disposal of sewage, unless such facility is approved by the city~county sanitnrian and
a public sewer is not available.
10.16.060 Discharge of polluted waters. It is unlawful to discharge into any natural
outlet VJithin the city or in any area under the jurisdiction of the city, any sewage.
industrial "rastes or other polluted waters, except where suitable treatment has been
provided in accordance with the provisions of this chapter.
10.16.070 }'ampering with or damaging sewerage system. No person shall maliciously,
willfully or negligently break, damage, destroy or deface A.ny structure, equipment or
other appurtenance of the sewerage system or works. No unauthorized person shall uncover,
tamper with or attemot to repair any such equipment.
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.
10.16.090 Discharging _certain mat~_~! into sewer prohibited. Except as hereinafter
provided, no person shall discharge or cause to be discharged any of the following described
waters or wastes into any public sewer:
(1) Any liquid or_vapor having a temperature higher than 150 neerees Fahrenheit;
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(2) Any water or waste which may contain more than 100 parts per million, by weight.
of fat. oil or grease;
(3) Any gasoline, benzene. naphtha, fuel oil or other flamrTk1ble 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 ii1 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 9.0 or having any
other corrosive property capable of causing damage or hazard to structures, equipment
ORDINANCE NO. 947
lO.16.140 Approval required for discharge of certain sewage. The engineer's approval
shall be required for the admission into the public sewers of any waters or wastes having
the following characteristics:
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and personnel of the sewerage works;
(7) Any waters or wastes containing a toxic or poisonous substances in sufficient
quantity to injure or interfere with any sewage treatment process, constitute a hazard
to humans or ani.mals, or create any hazard in receiving waters of the sewage treatment
plant;
'(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, pri.vies, or other
sewage treatment systems.
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(10) Any noxious or malodorous gas or substance capable of creating a public nuisance.
10.16.100 _Grease, oil and sand interceptors. Grease, oil and sand interceptors
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 interceptors. 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 con-
struction, watertight and equipped with easily removable covers which, when bolted in
place, shall be gastight and watertight, where deemed necessary for safety reasons.
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.
10.16.120 Unpolluted drainage - StO!'1Jl sewers. Storm water and all other unpolluted
drainage shall be discharged to such sewers as are specifically designated as storm sewers,
or to a natural outlet approved by the engineer. Industrla1 cooling water or unpolluted
process waters may be discharged, upon approval of the engineer, to a storm sewer, or
natural outlet.
10.16.130 Sanitary sewers 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.
(1) A five day B.O.D. greater than 300 parts per million by weight.
(2) More than 350 parts per million by weight of suspended solids.
(3) Containing any quantity of substances described in Section 10.16.090.
(4) Imving an average daily flow greater than two percent of the average daily
sewage flow of the city.
10.16.150 Preliminary treatment facilities. Where it is necessary in the Op1nl.On
of the englneer to provide preliminary treatment of sewage to: (1) reduce the B.O.D.
to 300 parts per million and the suspended solids to 350 parts per million by weight,
or (2) reduce objectionable characteristics or constituents to within the maximum limits
provided by this chapter, or (3) control the quantities and rates of discharge of such
waters or wastes, the owner shall provide proper faci1itieR at his own expense. Plans,
specifications and other pertlnent information concerning the proposed facilities shall
be submitted for approval of the engineer and the state board of health. No construction
shall be commenced until such approvals are obtained in writing.
10.16.160 Maintenance of preliminary treatment facilities. ~~ere preliminary treat-
ment facilities are provided for any waters or wastes, they shall be maintained continuously
in satisfactory ~nd effective operation by the owner at hls expense.
10.16.170 Control manholes. When 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 measurement of 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 py
the owner at his expense, and shall be maintained by him so as to be safe and accessible at
all times.
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10.16.180 Sewage testing and analysis. All measurements, tests and analyses of the
characteristics of water and wastes to l-7hich reference is made in Sections 10.16.090 and
10.16.140 shall be determined in accordance with "Standard Methods 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 manhole. In the event that no
special manhole has been required, the control manhole shall be considered to be the
nearest manhole downstream to the point in the public sewer at which the building se'~er
is connected.
10~16.190 Special aRreements for unusual sewaRe treatment. No statemen~ 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.
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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.
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. .
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 fronl the engineer.
Section 2
That Chapter 10.18 of the Bozeman Municipal Code be ordained as follows:
Chapter 10.18
SEWER SERVICE OUTSIDE CITY
Sections:
10.18.010
10.18.0:W
10.18.030
10.18.040
10.18.050
10.18.060
10.18.070
Sewer agreement and permit.
Rental agreements.
Prescription and inspection of rules.
Sewer connection charge.
Municipal sewerage system rates, charges and rentals.
Applicability of chapter and plumbing code.
Applications and permission.
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10.18.010 Sewer agreement and permit. The following factors ,,,ill be considered
by the City Commission of the City of Bozeman in d~termining whether or not to extend
water or sewer service outside of the city limits of the City of Bozeman:
(1) Orderly gro';lith and development of the C5.ty of BoZE'I1k'1n;
(2) Water and land pollution abatement or control;
(3) Need of persons 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 out-
side of the city limits of the City of Bozeman;
(5) Extension of water or sewer service facilitieB outside of the city limits 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 submitti.ng information
and recommendations pertaining to the foregoing factors.
10.18.020 Rental agreements. The cost of water and/or sewer line extensions out-
side the city limits of the City of Bozeman shall be borne by the owners of the prope'!:'ty
to be served, who shall also pay all water and sewer assessmeJ'l.ts and rates.
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10.18.030 Presc'!:'iption 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 Bozeman a written consent of the annexation of the
property to be served by said water and/or sewer facilities.
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 said water
and/or sewer lines.
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 "lith a sewer lateral.
10.18.050 Municipal sewerage system rates, charges and rentals. The sanitary sewerage
disposal rates, charges and rentals shall be charged by the city and paid monthly for
ORDINANCE NO. 947
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In cases where sewer rentals under this schedule are claimed to be unfair, unreasonable,
or not in proportion to charges made to other water and sewer users, the person or persons
against whom such charges are made may apply to the City Manager or the City Commission
fnr an adjustment, stating the circumstances, and the City Manager or the City Commission
may make such adjustment of such sewer rental rate as is deemed necessary~ fair and equitable.
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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 _consumption
of water used during the months of November, December, January, and February on the respec-
tive premises. The rate shall be computed in the same manner as for city residents, and
where the character of the waste exceeds the limitations imposed by the ordinances of the
City of B07.eman, the surcharges shall be based on a formula used by the city with the de-
termination of the charge made by the office of the city engineer.
10.18.060 Applicability of chapter of plumbing code. 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.
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10.18.070 Applications and permission. Application for permission to connect with
the sanitary sewerage system shall be made in writing to the City Manager. The owner or
lessee of such property shall make application to connect as provided, obtain a plumbing
permit from the plumbing inspector, and pay the inspection fee required by the plumbing
code.
Section 3
That Chapter 10.19 of the Bozeman Municipal Code be ordained as follows:
Chapter 10.19
SEWAGE DISPOSAL RATES AND CHARGES
Sections:
10.19.010
10.19.020
10.19.030
10.19.040
Persons liable for sewerage rates, charges and rentals.
Sanitary sewage disposal.
Schedule of rates for special waste allowances:
Payment of sewerage charge - Status of debt.
10.19.010 Persons liable for sewerage rates, charges and rentals. The rates, charges
and rentals for sewage disposal services provided by the sewerage system of the city shall
be imposed upon the parties and properties which are connected thereto for sanitary
sewerage disposal.
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10.19.020 Sanitary sewage disposal. Until otherwise prescribed, in accordance with
the covenants and provisions of this ordinance, and as the schedule of rates, charges and
rentals for the services and benefits provided by the city's sewerage system, there shall
be and is hereby imposed a sewerage charge upon each user of the sewerage utility, which
shall be due and payable monthly, in advance, commencing September 1, 1969, to be as
follows:
(1) The monthly rate for sewer rental shall be 101.5 percent of the average monthly
charge for water used during the months of November, December, January, and February in the
three years next preceding the current year. Said "monthly charge for water used" shall
be determined from the city's records as to premises which were connected with the city's
water distribution system during the aforesaid four month periods of such three preceding
years, and as to premises which were not so connected shall be fixed by the City Manager
upon the basis of what the monthly charge for water used would probably have been if the
premises, in their present condition, had been so connected and supplied with water by the
city, according to the best investigation thereof he is able to make.
(2) Charges for sewer rental under this schedule shall be made a part of the current
monthly bill for water used, to be shown by separate item or surcharge on such bill.
Acceptance will not be made of separate payment of either the charge for water of the
charge ~r sewer rental. Both charges must be paid at one and the same time.
(3) Charges for water used and for sewer rentals become due and payable on the 1st
day of each month. A discount of 25 cents will be allowed on each bill for water used
and sewer rental if paid prior to the 15th day of the month in which the bill becomes
due and payable. If any bill is not paid on or before the 15th day of that month, it
will then become delinquent and if not paid in full by the 15th of the following month,
water service to the premises involved shall be discontinued. A charge of $1.00 will
be made for reinstating a water service which has been discbntinued for nonpayment of
water and sewer rental charges.
In the event that it becomes necessary or desirable at any time to change the schedule
of sewer rates, charges and rentals hereinbefore set forth, and such changes are duly
and regularly made by the City Commission of the City of Bozeman, such changed rates,
charges and rentals shall be and remain effective without repealing or amending this
ordinance in whole or in part, providing that certified copies of such changed rates,
charges and rentals shall be and remain on file for public inspection at the office of the
City Clerk of the City of Bozeman.
ORDINANCE NO. 947
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10.19.030 Schedule of rates for special waste allowances. Customers contributing
waste water 'vith strength concentrations in excess of normal allowable limits of 300 parts
per million of B.O.D. and 350 parts per million of suspended solids would be subject to
an extra strength surcharge, in addition to the regular service charge computed in accord with
the following formula:
Extra Strength Surcharge
8 ::: Vs x 62.4 (0.0237 (BOD)-300) + 0.0221 (SS -350)
Vs ::: Sewage Volume in million cubic feet
62.4 = Pounds per cubic foot of water
0.0237 = City unit charge for BOD in dollars per pound
BOD::: BOD strength index in parts per million by weight
300 ::: Allowed BOD strength in parts per million by weight
0.0221 ::: City unit charge for suspended solids in dollars per pound
S8 = Suspended solids strength index in parts per million by weight
350 = Allowed suspended solids strength in parts per million by Height
10.19. Ol~O Payment of sewerage charge - St?tus of debt. The sewerage charges for
each premise shall be personal or corporate obligations of the sa~e p~rty or parties who
are obligated for payment of city ~vater bills for such premise, according to the ordinances
and regulations respecting the city water utility. It is hereby made the duty of the
water department of the city to prepare, issue, and mail, as near as may be to the 1st
day of each calendar month, a statement of the sewerage charge for each user of the se'verage
utility. In all cases tre sewerage charge shall appear as a surcharge, separately stated,
upon the ,va ter bill as rendered. Each such charge shall be due and payab 1e at the same time
and place as the water bill on which 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 non-"payment of the w'ater charge. Each user of the se~verage 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 30 days
overdue and shall bear interest, at the highest rate allowed by lm~ for contract indebt-
edness, from and after the 15th day of the month in which the charge becomes due and pay-
ah1e. To the full extent now or hereafter permitted by law, overdue sewerage charges shall
constitute a lien upon, and be enforceable against, the real estate constituting the
premises which was the user of the sewerage utility for which said charges were imposed.
No subsequent owner or occupant of any premise for which any sewerage charge is overdue
shall be entitled to water or sewerage service until the overdtiecharge is paid, notwith-
standing that such subsequent owner or occupant may not have been personally obligated
therefor.
Section 4
That all ordinances and parts of ordinances:in conflict herewith are expressly repealed.
PASSED, ADOPTED, and APPROVED by the City Commission of the City of Bozeman this 3rd
day of July, 1974.
Mayor
ATTEST:
,A / ___>:~
~.fr~" /' ~c.. '.
Clerk of the dity Commi on
State of MOntana )
County of r~llatin ss
City of Bozeman )
I, Erna, V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Ordinance No. 947 was published by title and number in the Bozeman Daily
Chronicle, a newspaper of general circulation printed and published in Bozeman in the issue of
the 11th day of July 1974, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF 1 hereunto set my hand and affix the corporate seal of my office
this 9th day of July, 1974.
;;j / ~;(~
i.)---::';7~/./ P~;". ...
ERNA V. HARDING
Clerk of the City Commission
ORDINANCE NO. 947
337