Selma Municipal Code Ch. 3 Sanitary Sewage System

(A) Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as defined in the American Society of Civil Engineers' "Manual Of Engineering Practice No. 37", and the latest edition of the book "Standard Methods For The Examination Of Water And Sewage", published by the American Public Health Association.

(B) The meaning of additional terms as used in this chapter shall be as follows:

APPLICANT: Any person or group of persons who applies for sewer service.

BUSINESS: All commercial uses, including, but not limited to, offices, merchandising and industrial uses, and residential uses on premises where there are five (5) or more living units or where unrelated persons are housed in the same structure, such as boarding or fraternity houses.

CITY: The city of Selma, authorized representative acting within the scope of his assigned duties.

CITY COUNCIL: The city council of the city of Selma.

CITY SEWERAGE SYSTEM OR SANITARY SEWER SYSTEM: All facilities for collecting and transporting domestic or industrial wastes of any nature, including all such facilities both inside and outside the city limits owned by the city and operated and maintained by the Selma-Kingsburg-Fowler County sanitation district ("district").

COMMERCIAL GARBAGE GRINDER: A mechanical unit for pulverizing large quantities of waste by a commercial user.

COMPLETION: Acceptance, in writing, by the city manager of an addition to the city sewerage system.

CONNECTED: The physical joinder of any plumbing or drainage system or fixture contained in structure to a public sewer line.

CUSTOMER: Any person, firm, association, corporation or governmental agency served by the city.

DISTRICT: The Selma-Kingsburg-Fowler County sanitation district.

DWELLING OR DWELLING UNIT: A room or suite of rooms which is occupied by one family for living and sleeping purposes, including a single-family residence, mobile home unit, apartment, townhouse, flat or condominium.

FEE SCHEDULE: The fee schedule as adopted from time to time by the city council by resolution whether separately or as part of a master fee schedule in a master fee resolution.

INFILTRATION: The water entering a sewer system, including sewer service connections, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include and is distinguished from inflow.

INFILTRATION/INFLOW: The total quantity of water from both infiltration and inflow without distinguishing the source.

INFLOW: The water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include and is distinguished from infiltration.

LOT: Any premises, piece or parcel of land or property, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the recorder of the county; provided, however, that in the event any building or improvements appurtenant to said building covers more area than a "lot", as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located.

PERSON: Any individual, firm, company, association, society, municipality, private corporation, institution, enterprise, governmental agency, or other entity.

SEWAGE: Sewage as defined under the ordinances, resolutions and regulations of the district.

SEWER CONNECTION FEES: The "connection charge" which may be applicable to any lot, but does not include those applicable fees charged by district.

UNIT, EQUIVALENT SINGLE-FAMILY UNIT OR EQUIVALENT SINGLE-FAMILY RESIDENCE: Synonymous terms that mean a residential service unit as defined by the district for office, commercial, industrial, institutional, or similar uses. (Ord. 2003-6, 9-15-2003)

(A) The city has by written agreement designated the district to control the right to physically connect with the sanitary sewer system of the city and for laying laterals therefrom upon payment of applicable fees of city and district. The infiltration/inflow limit for all connections to the sanitary sewer system of the city shall be as determined by the district.

(B) Applicant shall perform tests as required by the district to guarantee that inflow/infiltration does not exceed the limit as prescribed by the district. Copies of any such tests shall be filed with the city. (Ord. 2003-6, 9-15-2003)

No connection shall be made to the sewer system of the city until a permit therefor has been obtained from the city manager or the manager's designee and the appropriate permits from the district. The city shall not issue a building permit until a sewer connection permit has been obtained from the district. (Ord. 2003-6, 9-15-2003)

No connection to the sewer system of the city shall be made unless the following charges, when applicable, have been paid:

(A) Fees; Connection Charge:

1. For each connection to the city sewer system there shall be a charge as set forth in the master fee resolution or by separate resolution. Payment of any fees hereunder to city or credits granted by city shall in no way limit, abrogate or relieve the applicable requirements of district.

2. Where connection is to an existing building sewer for which a connection charge has been previously paid to city, a credit equal to the previous connection classification shall be made in determining the applicable connection charge for the city's charges only; provided, however, the existing building sewer has not been disconnected for the previous twelve (12) calendar months. Industrial classifications will be reviewed by the city engineer to determine what credit from the city, if any, is applicable. All such credits will be on a current rate basis.

(B) Deferral Of Charges: When land is subdivided, the owner, prior to the time the final map or parcel map is approved, shall pay or cause to be paid all applicable sewer connection fees of the city; provided, however, that the connection charge of city applicable to subdivision may be deferred (except for existing structures) and paid at any time prior to the issuance of a building permit for any structure to be constructed on such property.

(C) Authorization Of Work: Payment of charges and issuance of permits pursuant to this section does not authorize the permittee to perform or cause to be performed work specified in this chapter to be performed by the city or the district. (Ord. 2003-6, 9-15-2003)

The amount of any sewer system connection charges of the city prescribed under the provisions of this chapter shall be deemed a debt owing to the city which, until paid, shall be a continuing obligation of the owner of the property for the connection of which the charge was incurred. Any person who makes a connection to the city sewer system without having paid such charges in full shall be liable in an action in the name of the city in any court of competent jurisdiction for the amount of such charge. The conviction or punishment of any person for connection to the city sewer system without obtaining all necessary permits shall not relieve such person from paying the charges due and unpaid at the time of such conviction. (Ord. 2003-6, 9-15-2003)

When a sewer main installed by a person is required to be constructed to a size larger than required solely for such person's application or when sewer mains are installed that benefit property other than the property making contributions to the construction, the persons constructing such sewer mains or oversized sewer mains may request an agreement for reimbursement over a period not to exceed ten (10) years from fees generated by connection of the noncontributing property. The cost eligible for inclusion shall be determined by the city council in its sole discretion and such decision shall be final. Cost may include, but is not limited to, interest during the life of the agreement. The city may cause the cost of preparation of such agreement to be prepaid. The persons requesting such agreement shall provide to the city the cost information required to prepare such an agreement and deposit the amount established by the city manager to cover the cost of preparing said agreement. (Ord. 2003-6, 9-15-2003)

Connections made to the sewer system of the city and laterals therefrom shall be made in accordance with the standard specifications of the district. Any person or entity discharging to, or proposing to discharge to the sewer system, shall comply with the ordinances, policies, standards and regulations of the district (herein "ordinances"). In the event of any conflict between this chapter and the ordinances of the district, the ordinances shall control. (Ord. 2003-6, 9-15-2003)

Any person desiring to make an addition to the sewer system shall comply with district regulations and standards. (Ord. 2003-6, 9-15-2003)

(A) It is unlawful for any person to cause, suffer or permit the discharge of sewage, human excrement or other liquid wastes in any place or manner except to the city sewer system. It is unlawful to construct within the city any privy, privy vaults, septic tank, cesspool or other facility designed or intended to be utilized for the disposal of sewage.

(B) Existing systems, working properly, may be used and pumped, but repairs, additions or alterations are prohibited. At the time a repair, addition or alteration is required, the system will be abandoned and connection made to the city sewer system.

If a property using an existing private sewage disposal facility is within two hundred feet (200') of an accessible public sewer and is not connected to said public sewer, the property must connect to the public sewer upon the first occurrence of any of the following: failure of the septic tank system or creation of a public nuisance; building additions or modifications requiring a building permit; changes in the use of the property requiring a conditional use permit or a zoning variance; or a change in ownership of the property. Prior to connection to the public sewer, the owner must pay the district sewer connection fee and the city sewer connection fee which are in effect at the time of issuance of the sewer connection permit. (Ord. 2003-6, 9-15-2003)

No person shall discharge, deposit or throw, or cause, allow or permit to be discharged into any public sewer or plumbing fixture connected to the sewer, any substance/material prohibited by the district and shall abide by the applicable regulations of the district. (Ord. 2003-6, 9-15-2003)

Grease, oil and sand interceptors shall be provided by the user in accordance with district regulations and standards. (Ord. 2003-6, 9-15-2003)

It is unlawful to discharge into the city sewer system any water defined as "inflow", and to do so will be grounds for discontinuance of service. Swimming pool water shall not be drained or pumped into the sewer system except with prior approval by and acceptance of conditions imposed by the district. (Ord. 2003-6, 9-15-2003)

(A) The city manager is hereby charged with the duty of enforcing this chapter. The provisions of this chapter shall be applicable to any building, structure or property connected to the city sewer system, whether the same is owned, operated or controlled by a private party or by a public or quasi-public agency, corporation or association. Nothing in this chapter shall preclude or restrict the district, either concurrently with the city or independently from the city, from enforcing the district's ordinances, policies, regulations and standards at the district's sole discretion. Upon request by district, enforcement will be deferred to district on any of the matters of this chapter excepting only those matters of the sole province of city, e.g., city sewer fees.

(B) In addition to such other penalties as may be prescribed for a violation of this chapter, whenever the city manager finds that a discharge of sewage has been taking place in violation of any prohibitions or limitations prescribed herein or any effluent limitations or pretreatment standards promulgated by the district or any violation creating a violation of the collection, treatment and disposal agreement of the city with the district, the city manager may require the user to submit for his approval a detailed time schedule of specific actions which the user shall take in order to prevent or correct such violation. Any failure to comply with such an approved time schedule shall likewise be deemed a violation of this chapter.

(C) Any person aggrieved by any decision or determination made by the city manager interpreting or implementing the provisions of this chapter, including, but not limited to, charges required to be paid, may file with the city manager a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the request for reconsideration. If the ruling made by the city manager on such request for reconsideration is not satisfactory to the person requesting the same, he may, within ten (10) days after written notification of the city manager's ruling, appeal same to the city council by filing a written notice of appeal with the city clerk. The appeal shall be heard by the city council within thirty (30) days from the date of filing. After hearing the appeal of such person and giving due consideration thereto, the city council shall make its determination and notify the aggrieved party of such determination within ten (10) days of the hearing. The appeal shall be based on the appellant's written request to the city manager and the city manager's ruling thereon. The ruling of the city manager shall be final and conclusive for all purposes, except for rulings by the city manager that are appealed by the city council whose determination shall remain in full force and effect during such periods of reconsideration and/or appeal. (Ord. 2003-6, 9-15-2003)

The officers, employees and inspectors of the public works department and building and inspection and of the district shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine whether this chapter is being violated. (Ord. 2003-6, 9-15-2003)

Any person found to be violating any provision of this chapter shall be served by the city or authorized representative with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall not be less than two (2) nor more than seven (7) working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this chapter. Upon being notified by the city of any defect arising in any sewer or of any violation of this chapter, the person or persons having charge of said work shall immediately correct the same. (Ord. 2003-6, 9-15-2003)

As an alternative method of enforcing the provisions of this chapter, the city shall have the power to disconnect the user from the sanitary sewer system of the city. Upon disconnection, the city shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The city shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 2003-6, 9-15-2003)

Continued habitation of any building or continued operation of any industrial facility in violation of this chapter is hereby declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. (Ord. 2003-6, 9-15-2003)

During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement for the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney fee and cost of suit arising in said action. (Ord. 2003-6, 9-15-2003)

The city declares that the foregoing procedures set forth in sections 8-3-15 through 8-3-18 of this chapter are established as a means of enforcement of the terms and conditions of this chapter and not as a penalty. (Ord. 2003-6, 9-15-2003)

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2003-6, 9-15-2003)

No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the city sewer system. Any person violating this provision shall be subject to the penalties provided by law. (Ord. 2003-6, 9-15-2003)

Any user violating discharge requirements shall pay the actual cost for labor, material and supplies necessary to correct the discharge violation and shall pay an administrative cost as determined by the city manager upon recommendation of the city engineer. The minimum charge, including administrative costs, shall be fifty dollars ($50.00). (Ord. 2003-6, 9-15-2003)