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SEWER USE ORDINANCE [adopted by Jefferson County Public Service district 7/12/2004, without prior public review]

 

AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:  IN THE SERVICE AREA OF THE JEFFERSON COUNTY PUBLIC SERVICE DISTRICT.

 

be it ordained and enacted by the Jefferson County Public Service District, as follows:

 

ARTICLE I - DEFINITIONS

 

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

 

"Adequately Sized Grease Interceptor" shall mean an interceptor that has been sized in accordance with the pretreatment standards prescribed herein, or otherwise has not been found by the District to be contributing grease in quantities sufficient to cause POTW line stoppages or necessitate increased maintenance on the POTW in order to keep line stoppages from occurring.

 

"Biological Pretreatment Service" shall mean the application of any additive or enzyme or the use of any other biological means to digest waste in an interceptor that discharges into a public sewer system.

 

“BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees centigrade, expressed in milligrams per liter.

 

“Building Drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall.

 

“Building Sewer” shall mean the extension from building drain to the public sewer or other place of disposal.

 

“Commercial User” shall mean any non-residential or non-public user not falling under the definition of Industrial User.

 

“Customer” shall mean the party whether owner or tenant, utilizing sewer service furnished by the District to a property.

 

class=Section2>

“Debt Service” shall mean costs to the District for the retirement of debts incurred in the provision of wastewater facilities including both principal and interest.

 

"Discharge" shall mean the introduction of waste into a POTW.

 

"Disposal" shall mean the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semi-solid grease interceptor waste, grit interceptor waste, and/or sewage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

 

“District” shall mean the Jefferson County Public Service Sewer District.

 

"Dwelling” shall mean any house trailer or building used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that is occupied for living purposes.

 

"Emulsifiers" and/or "De-emulsifiers" shall mean any substance or substances which, when added or placed into a grease trap or grease interceptor, will form an oily substance to a milky fluid in which the fat globules are in a very finely divided state and are held in suspension, giving it the semblance of a solution; as the homogenization of milk emulsifies the fat with the whey forming a smooth milk product.

 

“Equivalent Dwelling Unit” (EDU) shall mean the wastewater flow equivalent to that contributed by an average residential user.  One EDU shall equal 180 gallons per day which equals 65,700 gallons per year.

 

"Fats" shall mean substances that are primarily fatty acid esters of the alcohol glycerol, also called acylglycerols, neutral fats, natural fats, or glycerides.  They are the major components of depot, or storage, fats in plant and animal cells, especially in the adipose (or fat) cells of vertebrates.  This term may include any synthesized substance of a like nature.

 

“Floatable Oil” is oil, fat or grease in a physical state such that it will separate by gravity from wastewater in an approved pretreatment facility.  A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

 

"Food service establishment" shall mean any facility that cuts, cooks, bakes, prepares or serves food, or which disposes of food-related wastes and/or which has a local, state, and/or federal food service permit.

 

“Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sales of meat, fish, fowl, fruits, vegetables and condemned food.

"Garbage grinder" shall mean a device, which shreds or grinds up solid or semisolid waste materials into smaller portions for discharge into the POTW.

 

"Generator" shall mean a facility that causes, creates, generates, stores, or otherwise produces waste from on-site process operations, whether domestically or commercially generated, or as a byproduct of some domestic or non-domestic activity.  The generator is responsible for assuring that the produced waste is disposed of in accordance with all federal, state and local disposal regulations.

 

"Grease" shall mean fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other non-fatty material from animal or vegetable sources, or from hydrocarbons of petroleum origins, commonly found in wastewater from food preparation and food service.  Grease may originate from, but not be limited to, discharges from scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas where grease-containing materials may exist. 

 

"Grease interceptor" or "interceptor" shall mean a water-tight receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect, and restrict, the passage of grease and food particles into the POTW to which the receptacle is directly or indirectly connected, and to separate and retain grease and food particles form the wastewater discharged by a facility.

 

"Grease interceptor waste" shall mean any grease, food particles, or organic or inorganic solid or semisolid waste collected and intercepted by a grease interceptor, usually in layers of floatable, suspended, and settleable substances, which are ultimately removed from a grease interceptor for propr disposal.  All layers must be removed for disposal.

 

“Improved property” shall mean any property located within the District upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes are or may be discharged.

 

“Industrial User” shall mean:

 

(a)          any non-governmental, non-residential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary waste and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

 

Division A.           Agriculture, Forestry, and Fishing

Division B.           Mining

Division C.           Manufacturing

Division D.           Transportation, Communications, Electric, Gas and Sanitary Services

Division E.           Services

 

(1)                         Discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users.  Sanitary waste, for purpose of this calculation of equivalency, shall be wastes of normal or domestic concentration as defined in this Ordinance.

 

(b)          any non-governmental user who discharges wastewater to the District’s sewers which wastewater contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other waste, to contaminate the sludge of the POTW, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

 

“Industrial Waste” shall mean any solid, liquid or gaseous substance or form of energy rejected or escaping in the course of any industrial manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.

 

“Lateral” shall mean that part of the sewer system extending from a sewer to the property line; or, if no such lateral shall be provided, then “Lateral” shall mean that portion of, or place in, a sewer which is provided for connection of any customer service line.

 

“Manager or General Manager” shall mean the General Manager of the Jefferson County Public Service District wastewater facilities or said person’s agent or representative.

 

“May” is permissive (see “Shall”, below).

 

“Municipality” shall mean any city, town, village, county utility district, town sanitary district, and where used in this Ordinance shall further mean the municipality which has jurisdiction at the point in question.

 

“Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

 

“Normal Concentration” shall mean:

(a)          5-day 20 degree C., BOD of not more than 200 mg/l.

(b)          A suspended solids content of not more than 250 mg/l.

 

“Normal Wastewater” shall mean wastewater in which BOD or suspended solids concentration do not exceed normal concentration.

"Oil and grease" shall mean any material, but particularly biological lipids and mineral hydrocarbons, recovered as a substance soluble in an organic extracting solvent using an  appropriate analytical method approved under 40 CFR 136.  It also includes other material extracted by the solvent from an acidified sample and not volatilized during the extraction procedure.

 

“Operation and Maintenance” shall mean costs to the District for the provision of labor, utilities, supplies, equipment maintenance, and other normal costs necessary for the provision of sewage service.  Operation and maintenance includes replacement.

 

“Owner” shall mean any person vested with ownership, legal or equitable, sole or partial, in any real property.

 

“Person” shall mean any individual, firm, company, municipal, or private corporation, association, society institution, enterprise, governmental agency or other entity.

 

“pH” shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter as determined by “Standard Methods for Examination of Water and Wastewater.”

 

"POTW" shall mean Public Owned Treatment Works.

 

“Properly Shredded Garbage” shall mean the wastes from the preparation, cooking and dispension of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.

 

“Public Sewer” shall mean a sewer in which users have equal rights, and is controlled by public authority.

 

“Public Use” shall mean any user which is a Municipality as defined herein.

 

“Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary to maintain the capacity and performance during the service life of the collection, transmission or treatment works for which such works were designed and constructed.

 

“Right of Way” or “Easement” shall mean an acquired legal right for the specific use of land owned by others.

“Sanitary Sewer” shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.  Septic tank installed by the PSD as part of the District sewage collection system will also be considered as sanitary sewers.

 

“Service Area” shall mean the area served by Jefferson County Public Service District.

 

"Sewage" shall mean the liquid and water-carried domestic or industrial wastes from dwellings, commercial establishments, industrial facilities and institutions, whether treated or untreated.  The terms "waste" and "wastewater" shall be deemed as sewage by definition.

 

“Sewer” shall mean a pipe or conduit for carrying wastewater.

 

“Sewer Service Charge” shall mean a charge levied on users of wastewater facilities for the cost of operations, maintenance, and debt service of such facilities.  The term operation and maintenance includes Replacement.  The Sewer Service Charge may also include debt service and other costs related to the wastewater facilities.

 

“Sewer System” shall mean all wastewater facilities, owned by the District for collecting, pumping, treating and disposing of sanitary sewage or industrial wastes.

 

“Shall” is mandatory; “May” is permissive.

 

"Shall not" shall prohibit.

 

“Significant industrial user” shall mean any industrial user that will contribute greater than 10 percent of the design flow or design pollutant loading of the treatment works.

 

“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 longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation, and which adversely affects the collection system and/or performance of the wastewater treatment works.

 

"Spill" shall mean the unpermitted, accidental or intentional loss or unauthorized discharge of grease interceptor waste, grit interceptor waste, seepage, any other liquid waste, a chemical (hazardous or non-hazardous), or any other material that has the potential to contaminate any surface or ground water or in any other manner such that the waste is not duly and legally disposed.

 

“Storm Sewer” shall mean a sewer which carries storm and surface waters and drainage, but excludes wastewater and industrial wastes, other than polluted cooling water.

“Suspended Solids” shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for Examination of Water and Wastewater” and referred to as nonfilterable residue.

 

"TSS" shall mean Total Suspended Solids.

 

“Unpolluted Water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

 

"Waste" shall mean the liquid and water-carried domestic or industrial wastes from dwellings, commercial establishments, industrial facilities and institutions, whether treated or untreated.  The terms "sewage" and "wastewater" shall be deemed as waste by definition.

 

“Wastewater” shall mean the spent water of a community.  From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.

 

“Wastewater Facilities” shall mean the structures, equipment, and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

 

“Wastewater Treatment Works” shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge.  Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “Water pollution control plant.”

 

“Watercourse” shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

 

ARTICLE II - USE OF PUBLIC SEWERS REQUIRED

 

1.            It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within any area served by the District, any human or animal excrement, garbage or other objectionable waste.

 

2.            It shall be unlawful to discharge to any natural outlet within any areas served by the District, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

 

3.            Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage within any area served by the District. Septic tank installed as a part of the Jefferson County PSD sewage collection system shall be an exception.

 

4.            The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the boundaries served by the District and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the District, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within thirty (30) days after date of official notice to do so.  The District may charge, and such owner, tenant or occupant shall pay the rates and charges of the District thirty days after the date of official notice of the availability of sewer service.

 

5.            All owners, tenants, or occupants of any houses, dwellings or buildings located near any sewer facilities into which sewage will flow by gravity are required to connect with and use the District's sewer facilities and to cease the use of all other means for the collection, treatment, and disposal of sewage and waste matters.  The District may enforce this provision by petition to the Circuit Court of Jefferson County or to the Division of Health.

 

ARTICLE III - PRIVATE WASTEWATER DISPOSAL

 

1.            Where a public sanitary sewer is not available under the provisions of Article II, 4, and with the approval of the District, any building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.

 

2.            Before commencement of the construction of a private wastewater disposal system or additions to an existing private wastewater disposal system, the owner shall first obtain a written permit from the office of the District’s Sewer Inspector.

 

3.            The type, capacity, locations, and layout of a private wastewater disposal system shall comply with all requirements of the State of West Virginia.

 

4.            The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times.

 

5.            No statement contained in this section shall be constructed to interfere with any requirements that may be imposed by the West Virginia Department of Health.

 

6.            At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Article II, 4, the building sewer shall be connected to said sewer within thirty (30) days of notice of availability and, within ninety (90) days of notice of availability the private wastewater disposal system shall be cleaned of sludge and filled with sand, gravel, or similar material, or the system shall be completely removed.  All cost for close out of the private wastewater disposal system shall be born by the owner of the property served.

 

ARTICLE IV - BUILDING SEWERS AND CONNECTIONS

 

1.            No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances without first obtaining a written permit from the District's Manager if it is a District owned sewer.

 

2.            There shall be two (2) classes of building sewer permits:  (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes.  In either case, the owner or the owner’s agent shall make application on a special form furnished by the District, with such form being approved by the District.  The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the District or the Manager.  Any  required fees including but not limited to: tap fee or capital improvement fee required by the District shall be paid to the District at the time the application is filed.

 

3.            All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

 

4.            A separate and independent building sewer shall be provided for every building intended for human habitation or occupancy.

 

5.            Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the District’s Sewer Inspector to meet all requirements.

 

6.            The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District.

 

7.            In buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain may be lifted by an approved means and discharged to the public sewer at the owner’s expense.

 

8.            Roof-leaders, swimming pool drains, surface drains, ground water drains, foundation footing drains, and other clear water drains shall be connected wherever possible with a storm sewer, but they shall not be connected to a building sewer which discharges into a sanitary sewer or private wastewater treatment plant.  All such connections existing at the time of passage of this Ordinance shall thereafter be illegal.  If storm water or clear water is being discharged into a sanitary sewer, the District shall give the offending person 30 days notice to disconnect.  Failure to disconnect after such notice shall authorize the District to cause disconnection and assessment of the costs of such disconnection against the property involved.  The District may, in the alternative, institute action for violation of this subsection, or make charges for such connection pursuant to its tariff.

 

9.            The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District.

 

10.          The applicant for the building sewer permit shall notify the District Sewer Inspector when the building sewer is ready for inspection and connection to the public sewer.  The connections shall be made under the supervision of the Sewer Inspector or his representative.

 

11.          All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the District.

 

ARTICLE V - CONDITIONS OF USE OF THE PUBLIC SEWERS

 

1.            No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, swimming pool water, or unpolluted industrial process waters to any sanitary sewer.

 

2.            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 District or other regulatory agencies.  Industrial cooling water or unpolluted process waters may be discharged, on approval of the District and other regulatory agencies having jurisdiction, to a storm sewer or natural outlet.

 

3.            No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

 

a.            Any gasoline, benzene, naptha, fuel, oil, paint, paint thinner, pesticides, fertilizers, glue, chemicals, stains, varnishes, or other flammable, toxic, or explosive liquid, solid, or gas.

 

b.            Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

 

c.            Any waters or wastes having pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

 

d.            BOD and TSS Limitations.  Wastewater discharged to the POTW shall not contain in excess of 300 mg/L of BOD, and/or 330 mg/L of TSS.  Discharges with greater concentrations may be permitted with approval of the General Manager.  In addition to the concentration limits the General Manager may also impose mass limits if the discharges comprise greater than two percent of the total BOD and/or TSS loading to the POTW.  The formula for calculating the loading is ----- pounds/day = (conc. In mg/L) x (gal. Discharge/day*) x 8.34 lbs/gal.

 

*In million gallons discharged per day, i.e., 100 gallons is represented by 0.000100 in million gallons.

 

e.            Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of

the wastewater facilities such as, but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, building materials, pipe fragments,  unground garbage, whole blood, panch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, sanitary napkins, etc. either whole or ground by garbage grinders.

 

4.            The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, will not result in violation of the  NPDES permit of the facility treating the waste, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.  The Manager may set limitations lower than any limitations established in the regulations below if in the Manager’s opinion such more severe limitations are necessary to meet the above objectives.  In forming his opinion as to the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the wastewater treatment plant, and other pertinent factors shall be considered.  The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Manager are as follows:

 

a.            Wastewater having a temperature higher than 150 degree Fahrenheit (65 degree Celsius).

 

b.            Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

 

c.            Wastewater from industrial plants containing oils, fat, grease, wax, or any other similar substance which float or solidify in the wastewater facilities.

 

d.            Any garbage that has not been properly shredded.  Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

 

e.            Any waters or wastes containing aluminum, cadmium, copper, lead, mercury, selenium, silver, chromium, zinc, and similar objectionable or toxic substances.

 

f.             Any waters or wastes containing odor-producing substances.

 

g.            Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by any State or Federal regulations.

 

h.            Quantities of flow, concentrations or both which constitute a “slug” as defined herein.

 

i.             Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

 

j.             Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

 

5.            If any waters are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristic enumerated in Subsection 4 of this Section, and which in the judgment of the Manager, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the manager shall

 

a.            Require pretreatment to an acceptable condition for discharge to the public sewers, or

 

b.            Reject the wastes.

 

c.            When considering the above alternatives, the Manager shall give consideration to the economic impact of each alternative on the discharger.  If the Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Manager.

 

6.            Sand interceptors shall be provided when, in the opinion of the District or the Manager, they are necessary for the proper handling of liquid wastes containing sand, or other harmful ingredients: except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the District and the Manager and shall be located as to be readily and easily accessible for cleaning and inspection.  In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the District and the Manager.  Any removal and hauling of the collected materials not performed by owner(s)’ personnel must be performed by currently licensed waste disposal firms.

 

7.            All commercial and industrial facilities dealing with grease shall, at the users expense and as required by the District:

 

a.            Provide an adequately sized grease interceptor according to the requirements for grease trap sizing and the design criteria provided at Section 9.

 

b.            Locate the interceptor in a manner that provides ready and ease accessibility for cleaning and inspection.

 

c.            Obtain a written grease interceptor service agreement with a licensed transporter for the establishment to maintain the interceptor in effective operating condition and provide copy of same to the District.  A service agreement must be in effect as long as the facility has a Grease Trap Permit.

 

d.            Unless otherwise specified by the District, service the interceptor every ninety (90) days and maintain backup copies of trip tickets and a service log, on the premises of the facility, for at least five (5) years.

 

e.            Report to the District annually documenting compliance with this ordinance regarding items c and d.

 

f.             Allow demand inspection of the facility and of records by District representatives during reasonable hours.

 

8.            The following are prohibited from grease interceptors:

 

a.            Where oil and grease are a byproduct of food preparation and/or cleanup, reasonable efforts shall be made to separate waste oil and grease into a separate container for proper disposal.  Except as contained in byproducts of food preparation and/or cleanup, waste oil and grease shall not be discharged to any drains or grease interceptors.  Such waste shall be placed in a container designed to hold such waste and either utilized by industry or disposed of at suitable locations.

 

b.            None of the following agents shall be placed directly into a grease interceptor, or into any drain that leads to the interceptor:

 

               i.             Emulsifiers, de-emulsifiers, surface active agents, enzymes, degreasers, or any type of product that will liquefy grease interceptor wastes.

 

               ii.            Any substance that may cause excessive foaming in the POTW.

 

               iii.          Any substance capable of passing the solid or semi-solid contents of the grease interceptor to the POTW.

 

c.            The influent to interceptors shall not exceed 140 degrees Fahrenheit (140º F).  The temperature at the inlet tee shall be considered equivalent to the temperature of the influent.

 

d.            Only those plumbing fixtures into which the grease and fats are discharging shall connect to the grease interceptors.  Toilets, urinals, and other similar fixtures shall not discharge through a grease interceptor.

 

e.            All waste shall only enter the grease interceptor through the inlet flow control device, then the inlet pipe.

 

f.             Where food-waste grinders are installed, the waste from those units shall discharge directly into the building drainage system without passing through a grease interceptor.

 

9.            Sizing of grease traps shall be based on loading in accordance with the Uniform Plumbing Code, Appendix H, as amended from time to time, but in no case shall they be smaller than 150 gallons in capacity.

 

Number of meals    x  waste flow    x   retention  x   storage   =   Size requirement.

Per Peak hour (1)         rate (2)           time (3)       factor (4)         (liquid capacity)

 

Factors:

 

                                             1)      Number of meals served at peak operating hour (Seating Capacity) x Peak Factor

                                                       a.       Where Peak Factor for Fast Food Restaurant is . . . 1.33

                                                       b.      And, Peak factor for all other food service types is 1.00

 

                                             2)      Waste Flow Rate:

                                                       a.       With Dishwasher..............................................6 gallon flow

                                                       b.      Without Dishwasher.........................................5 gallon flow

                                                       c.      Single Service kitchen......................................2 gallon flow

                                                       d.      Food waste disposer........................................1 gallon flow

 

                                             3)      Retention Times

                                                       a.       Commercial kitchen waste/dishwasher.............2.5 hours

                                                       b.      Single service kitchen/single serving.................1.5 hours

 

                                             4)      Storage Factors

                                                       a.       Fully equipped commercial kitchen............8 hr operation = 1

                                                       b.      .................................................................16 hr operation = 2

                                                       c.      .................................................................24 hr operation = 3

                                                       d.      Single Service Kitchen.....................................................=1.5

 

The Uniform Plumbing Code includes a built-in safety factor that can yield very large grease trap size specifications.  At this time, the District is not requiring traps larger than 4000 gallons.  However, the decision to use a trap smaller than that specified by the formula and calculations above is to be addressed in the plan submission.

 

10.          All construction activities must be completed in accordance with the Uniform Plumbing Code.  Additionally, the following specifications must be incorporated into grease trap design.

 

a.            The grease interceptor shall be constructed with a minimum of two equal sized chambers or shall have a minimum of two equal sized tanks in series.  If two chambered, the dividing wall must extend to within one (1) foot of the bottom of the tank and within two (2) inches of the top and be securely fastened to both sides.

 

b.            There must be inlet and outlet tees made of schedule 40PVC installed.  The inlet tee should extend down approximately one-third the depth of the trap from the top and the outlet tee should be located twelve to eighteen inches off of the bottom of the trap.

 

c.            Grease interceptors are to be installed at a minimum a distance of 10 ft. and a maximum distance of 30 ft. from sinks and dishwashers to allow for adequate cooling of wastewater and compliance with West Virginia Bureau of Public Health regulations.  Water temperatures must be less than 140 degrees F. prior to entering grease interceptor.

 

d.            All grease bearing waste streams should be routed through an appropriate grease trap/interceptor, including: three-compartment sinks, pot/pan sinks, soup kettles, hand-washing sinks, dishwashers, mop sinks and floor drains.

 

Exceptions: Drains that receive "clear waste" only, such as from ice machines, condensate from coils and drink stations, may be plumbed to the sanitary system without passing through the grease interceptor with the condition that the receiving drain is a "hub" type that is a minimum of two inches above the finished floor.

 

11.          Nitrates and Phosphorous.  Users shall limit the introduction of nitrates and phosphorous, or provide pre-treatment for the same, in a manner which will permit the District to meet applicable effluent discharge limits, as established and amended from time to time.

 

12.          Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

 

13.          When required by the Manager, the owners of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.  Such structure, when required, shall be accessible and shall be safely located and shall be constructed in accordance with plans approved by the District and the Manager.  The structure 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.

 

14.          The Manager may require a user of sewer services to provide information needed to determine compliance with this Ordinance.  These requirements may include:

 

a.            Wastewater discharge peak rate and volume over a specified time period.

b.            Chemical analysis of wastewaters.

 

c.            Information on raw materials, processes, and products affecting wastewater volume and quality.

 

d.            Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

 

e.            A plot plan of sewers for the user’s property showing sewer and pretreatment facility location.

 

f.             Details of wastewater pretreatment facilities.

 

g.            Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

 

15.          All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association at 40 CRF 136, as amended from time to time.  Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Manager.

 

16.          No statement contained in this section shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted for treatment subject to payment therefore at rates established by the District.

 

17.          Accidental Discharges.  The accidental discharge of any prohibited waste into any sewer shall be reported to the District and the Manager by the person responsible for the discharge, or by the owner or occupant of the premises where the discharge occurs, immediately upon obtaining knowledge of such discharge so that steps may be taken to minimize its effect on the treatment plant.

 

18           Exemption Meters.  In the event that a person discharging wastes into public sewers produces evidence satisfactory to the District that significant amounts of the total annual volume of metered water used for all purposes does not reach the sanitary sewer, the person may be permitted to have an exemption water meter(s) installed.  Said Meter(s) shall be approved by the District.  All costs shall be at the expense of the person requiring the meter(s), including installation and any piping revisions required to insure that only water not reaching the sanitary sewer is metered by the exemption meter.  The District may establish charges for each size meter to compensate for furnishings, reading, and servicing the meter.  The amount of exemption water metered shall be subtracted from the total amount of water used by the person to determine the applicable user charge.  Regardless of the amount of metered exemption water, no user shall be charged for less than one  Equivalent Dwelling Unit.  (See Article VIII).

 

ARTICLE VI - MISCELLANEOUS

 

1.            Protection from Damage

 

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the wastewater facilities.  Any person(s) violating this provision shall be subject to applicable civil and criminal liability.

 

2.            Powers and Authority of Inspectors

 

a.            The Manager and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the sewer system in accordance with the provisions of this Ordinance.

 

b.            The Manager or other duly authorized employees of the District are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.  The industry may withhold information considered confidential.  However, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

 

c.            While performing the necessary work on private properties referred to in Section 2a above, the Manager or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the District’s employees, and the District shall indemnify the company against loss or damage to its property by their respective employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V 8.

 

d.            The Manager and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

 

3.            Penalties

 

a.            Any person found to be violating any provision of this Ordinance except Article VI 1, shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

 

b.            Any person who shall continue any violation beyond the time limit provided for in Subsection (a) shall, upon conviction thereof, pay a forfeiture in the amount not exceeding $300.00 for each violation.  Each day in which any such violation shall continue shall be deemed a separate offense.

 

c.            Any person violating any of the provisions of this Ordinance shall become liable to the District and others, as their interests may appear, for any expense, loss, or damage occasioned the District or others by reason of such violation, including any costs in connection with repairing damages to the wastewater facilities or any downstream user or facilities damaged as a result of a prohibited discharge or any other violation of this Ordinance.

 

4.            Validity

 

a.            The invalidity of any section, clause, sentence, or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

 

b.            The District may amend this ordinance from time to time.  All users of the District's sewers system are subject to this Sewer Use Ordinance, as amended from time to time.

 

5.            Applicability of Other Laws

 

In addition to this Sewer Use Ordinance, the District has the authority and is subject to the responsibilities of applicable federal and state statutes, regulations, rules, and orders of competent legal authorities specifically including, but not limited to, West Virginia Code Chapter 24, Articles 2 and 3, Chapter 16, Article 13A, the Rules for the Government of Sewer Utilities, 150 WVCSR Series 5, and the District's tariff, as amended from time to time.  Customers are subject to all applicable laws, without any requirement that such are incorporated herein.

 

6.            Notice

 

The District shall post a copy of this Sewer Use Ordinance in the public access portion of its office and shall furnish a copy upon request from a customer or prospective customer.

 

7.      Waiver

 

For good cause shown, the Board may grant a request for waiver to any provision of this Ordinance by majority vote at a public meeting of the Board.

 

ARTICLE VII - CHARGES

 

1.            Sewer Service Charge

 

See WVPSC Approved Rates Attached.  These rates are subject to modification from time to time.

 

2.            Standby User Charge.  Any users not connected to the Wastewater Facilities within 30 days of being notified in writing to do so, shall be charged a standby service charge amounting to a minimum charge of the full user charge established for that user in accordance with the Wastewater Rate Ordinance.  Full User Charge will be charged when the User connects to the sewer system.

 

3.            Connection Charges. (*)Each new user connecting to the sewer system, or who requests a lateral stub to a vacant property, shall be charged a connection charge payable to the District.  Said connection charge shall apply to al connections in any of the sewer systems tributary, and/or a part of the District’s sewer system, resulting from new construction, where such connections are made after placing into operation the District’s sewers which service a tributary system, or after the date specified in the District’s notice for each user to connect, at the option of the District.  Charges are as specified in the Wastewater Rate Ordinance.  (*) EXCEPTION – If the District has a Main Line Agreement with a Developer, the PSC has approved this agreement, and the Developer installs the connection at its expense, the connection fee will be waived.

 

4.            Industrial Waste Pretreatment.  In the event the District provides pretreatment of industrial wastes, the entire cost of such pretreatment shall be charged to the user producing the industrial wastes.  The costs shall include but not be limited to capital expenditures, operation and maintenance expenses, labor, chemicals, heat and power.

 

5.            Contract Basis.  Nothing in this Ordinance shall prohibit the District from providing wastewater services to users outside the service area of the District.

 

6.            Remedy for Failure to Pay Charges.  All bills are due when rendered.  Late payment penalties and interest charges shall accrue on all bills not paid in full within twenty (20) days of issuance.  All delinquent fees, rates and charges of the District are liens on the premises served of equal dignity, rank and priority with the lien on the premises of state, county, school and municipal taxes.  The District may bring and maintain an action in magistrate court for the collection of delinquent bills.

 

The charges levied shall be collected by the District at their office.  The District shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical and efficient operation, management and protection of the District’s wastewater facilities.

 

7.            Annual Audit.  An audit of the District’s financial standing shall be made annually on a calendar year basis.  This audit will be used to review the adequacy of the then existing rates and said rates shall be adjusted if necessary to provide sufficient revenues to adequately finance the District’s operation in accordance with the original intent of the rate structure. The annual audit and review shall also be used to insure that each recipient of sewage service (or user class) is charged in proportion to the cost of providing said recipient (or user class) with sewage service.

 

8.            Replacement Fund.  Annual income from the Sewer Service Charge which constitute funds required for “Replacement” shall be separately accounted for and shall not be utilized for any purposes other than Replacement.

 

               This Ordinance becomes effective upon passage.

               Adopted this                     day of                                           , 2004.

                                                                JEFFERSON COUNTY PUBLIC SERVICE DISTRICT

                                                                                                                                                                                   

                                                                                                         Chairman

Attest:

                                                      

 

               Equivalent Dwelling Unit (EDU’s) FOR VARIOUS USERS

 

UNIT                                             WATER GALLONS                               RESIDENTIAL

                                                            PER DAY                                                              USAGE

                                                                                                                                       EQUIVALENT

Apartments                                        150/unit                                              1.0/unit

Bowling Alleys                        200/alley                                                      1.33/alley

Churches with kitchen            8/member                                                     0.05/member

Churches w/o kitchen             2/member                                                     0.013/member

Food Service                            32/seat                                           0.213/seat

Fast Food Restaurant              35/seat                                           0.23/seat

Bar & Cocktail Lounge           2/patron                                                        0.013/patron

(additive)

Tavern-Little or no food         20/seat                                           0.132/per seat

Hotel                                                  120/room                                                          0.8/per room

Industry, sanitary                     15/person/shift                                            0.1/person per shift

Institutions:

Hospital                                    250/bed                                                        1.67/bed

Nursing Homes                       150/bed                                                        1.0/bed

Others                                       75/person                                                     0.5/person

Office Buildings                      15/person                                                     0.1/person

Laundry Self Service               250/washer                                                  1.67/washer

Mobile Home Park                           150/unit space                                    1.0/unit space

Motels                                      120/room                                                     0.8/room

Retail Stores                            400/toilet room                                           2.67/toilet room

Residence                                          150/residence                                    1.0/residence

School:

Day, no cafeteria/showers      15/pupil                                                        0.1/pupil

Day with cafeteria                                      18/pupil                                                    0.12/pupil

Day with Cafeteria/showers       20/pupil                                                    0.133/pupil

Boarding                                                     75/pupil                                                    0.5/pupil

Service Station                                  500/set of pumps                3.33/set of pumps

Shopping Centers                      16/100 ft. of sales area              0.12/100 ft. of sales areaa

Swimming Pools                     10/swimmer design capacity       0.067/swimmer design capacity

Theaters:

Drive In                                              4/car space                                         0.027/car space

Others                                                 3/seat                                                  0.02/seat

Warehouse                                                  15/employee                                            0.1/employee

 

If a unit does not appear on this schedule, the District shall determine its Residential usage Equivalent in consultation with its consulting engineer.

 

Notes:

1.            Special conditions may dictate deviations from the EDU values indicated. 

2.            Each EDU equals 180 gallons per day (gpd) –  65,700 gallons per year.

3.            User charges for other than Residential users will be based on metered flow where meters are required.

4.            EDU’s shall be established to the nearest 0.25 EDU.  The minimum value for any user shall be 1.0 EDU.