Lancaster Municipal Code Art. 2 General Provisions

The ordinance codified in Chapters 13.07, 13.08 and 13.09 shall be known as the "Sanitary Sewer and Industrial Waste Ordinance," and may be cited as such.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The provisions of this chapter shall apply to the discharge, deposit or disposal of all wastes, including any material which may cause pollution of underground or surface waters, in, upon or affecting the city of Lancaster; and the design, construction, alteration, use and maintenance of public sewers and house laterals, industrial connection sewers, water pollution control plants, sewage pumping plants, industrial liquid-waste pretreatment plants, sand and grease interceptors, and appurtenances; the issuance of permits and the collection of fees therefor, and fees to pay the cost of checking plans, inspecting the construction and making record plans of the facilities permitted hereunder or as provided elsewhere in this code; and providing penalties for violation of any of the provisions of this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Whenever reference is made to any portion of the ordinance codified in this chapter or in Chapter 13.08, such reference applies to all amendments and additions thereto now or hereafter made.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Any time limit provided for in the provisions of this chapter or Chapter 13.08 may be extended by mutual written consent of both the director and the permittee or applicant, or other person affected.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The requirements contained in this chapter and Chapter 13.08 covering the maintenance of sanitary sewer collection system pipelines, sewage pumping plants, industrial waste pretreatment plants, or other appurtenances, shall apply to all such facilities now existing or hereafter constructed.

A. Responsibility and maintenance for house laterals. Each property owner is responsible for the installation, repair and maintenance of the entire house lateral up to and including the wye or tee in the city's main line. Each owner shall keep his/her house lateral in good working order at his/her own expense and is responsible for damage to any of the city's property comprising any part of the public sewer system which results from the owner's use, repair or maintenance of the house lateral within the control and responsibility of the owner. If repair and/or maintenance of the house lateral extend into the main line sewer the director shall be notified prior to any work in the main line sewer being performed and that portion of the work affecting the main line sewer shall be performed under the supervision of the director. All house lateral facilities shall be maintained by the owners thereof in a safe and sanitary condition, and all devices or safeguards which are required by this chapter for the operation of such facilities shall be maintained in good working order. The city shall have the right to enter onto private property for the purpose of inspection, maintenance and evaluation of house laterals to assure safe and sanitary conditions.

B. Responsibility and maintenance of main line sewers. The city is responsible for the operation, maintenance, repair and replacement of any main line public sewer in a dedicated right-of-way.

C. Resolution of disputes over location of sewer malfunctions - reimbursement to city. If the location of a sewer malfunction and the responsibility for its repair is disputed or cannot be determined from surface observation, the director may expose parts of the sewer line within the public street, public right of way, or sewer main as necessary to determine the cause of the malfunction and whether it originates within either the house lateral or within the sewer main. If the malfunction is determined to be within the city's sewer system, the city shall conduct the repair at no charge to the property owner. If the malfunction is determined to be within the house lateral for which the property owner is responsible, the city may proceed with the repairs to such house lateral upon notice to the property owner of the need for repair. The city may require a written reimbursement agreement executed by the property owner before beginning repair. A malfunctioning house lateral is declared to be a public nuisance. The property owner shall reimburse the city for all costs necessarily incurred by the city in performing the repair work to the house lateral.

D. This chapter or Chapter 13.08 shall not be construed as permitting the removal or non-maintenance of any devices or safeguards on existing facilities unless authorized in writing by the director.

(Ord. No. 932, § 1, 8-25-09; Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. The director may inspect, as often as he deems necessary, every main-line sewer, sewage pumping plant, industrial waste pretreatment plant or facility, industrial sewer connection, interceptor, or other similar appurtenances to ascertain whether such facilities are maintained and operated in accordance with the provisions of this chapter. All persons shall permit and provide the director with access to all such facilities at reasonable times.

B. An applicant, by accepting a permit issued pursuant to this chapter does thereby consent and agree to entry upon the premises described in the permit by the director at all reasonable times for the purpose of:

1. Inspection, sampling, flow measurement or examination of records;

2. Placing on the premises devices for monitoring, flow measurement or metering;

3. Inspecting and copying any records, reports, test results or other information required to carry out the provisions of this chapter; and

4. Photographing any waste, waste container, vehicle, waste treatment process, discharge location, or violation discovered during an inspection.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The director shall enforce all the provisions of Chapters 13.07, 13.08 and 13.09, and for such purpose shall have the powers of a peace officer. Such powers shall not limit or otherwise affect the powers and duties of the county health officer.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Whenever a power is granted to or a duty is imposed upon the director, by provisions of this chapter, the power may be exercised or the duty may be performed by a deputy of the officer or a person authorized pursuant to law by the officer, unless this chapter expressly provides otherwise.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The director shall provide means of identification of inspectors and sewer maintenance personnel which shall identify them as such. Inspectors and sewer maintenance personnel shall identify themselves upon request, when entering upon the work of any contractor or property owner for any inspection or work required by this chapter.

Unless otherwise provided in this chapter, any notice required to be given by the director under this chapter shall be in writing, and served in the manner provided in the code of civil procedure for the service of process, or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the director. Where the address is unknown, service may be made as above provided upon the owner of record of the property.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

No object, whether a permanent structure, or a temporary structure, or any object which is difficult of removal, shall be located on a sewer easement or placed in such a position as to interfere with the ready and easy access to any facility described in Section 13.07.090. Any such obstruction, upon request of the director, shall be immediately removed by the violator at no expense to the city, and shall not be replaced.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

No person in the city shall, during reasonable hours, refuse, resist or attempt to resist the entrance of the director into any building, factory, plant, yard, field or other place or portions thereof in the performance of his duty within the power conferred upon him by law or by this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Every person violating any provision of this chapter or any condition or limitation of permit issued pursuant thereto is guilty of a misdemeanor, and upon conviction is punishable by fine established at Chapter 1.12.020.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

If any provision of the ordinance codified in this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. In the event of an uncontrolled discharge, the person, discharger or permittee shall within three hours notify the director of the incident by telephone. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions taken.

B. Within ten (10) days after the uncontrolled discharge, the discharger or permittee shall submit to the director a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger or permittee of liability or fines incurred as a result of the uncontrolled discharge.

C. Notification of the director does not relieve the person, discharger or permittee from notifying other agencies as required by law within the time frame required by the various agencies.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Information and data concerning an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)