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Title 8 – City Ordinances – Water and Sewer

TITLE 8 – WATER AND SEWER

Chapter 8.01 – Water Provision
Chapter 8.02 – Sewer Provisions

CHAPTER 8.01 – WATER PROVISIONS

8.0101 Water Connections. In installing water service, all taps shall be driven, street excavations made, curb cocks inserted, pipes installed from main to curb, and the curb cock installed in an iron box to which the service is to be connected, by an authorized City employee or by a plumber duly licensed.

8.0102 Water Service Pipes. All service pipes connected to the water system shall be one inch (1″) drawn copper standard strength and/or one inch (1″) class 200 pound polyethylene, and shall be laid seven (7) feet below the established grade or as low as the street mains. No water main or service may be laid in the same trench with gas mains or other foreign conduits. Special permission may be granted, however, when deemed advisable by the City Council, for laying of water lines in trenches with sewer lines, and then only with the placement of water lines well above sewer lines to prevent subsequent possible contamination of water mains.

8.0103 Curb Stop and Waste Cocks. There shall be a curb cock in every service line attached to the water main, the same to be placed as near as possible to the street line if the main is located in the alley. Curb cocks shall have a metal riser with a letter “W” cast upon it. There shall be a valve in the pipe on the house side.

8.0104 Water Meters. The City shall furnish and install water meters described as 5/8ths by 3/4ths or equivalent water meters with fittings for users of water within the City and outside the municipal limits. The following are the provisions, rules and regulations governing their use by the users:

A. Each consumer shall notify an authorized city employee if the water needs to be turned off, and on again for repair of plumbing from curb stop into the house. No fee required.

B. Each user shall pay, in the event of willful damage to said water meter if determined by the City, replacement cost.

8.0105 Dual Check Backflow Preventer Requirement. A dual check backflow preventer shall be installed on the building side of every water meter where the water service enters the building. Backflow preventers installed must be approved by the state plumbing commission.

8.0106 Application for First Service Connections. Any party desiring water service from the water system of the City for premises not theretofore connected with the system shall apply for a connection by contacting any City Official. A form of such application shall contain the address of the premises to be served and state the uses, residential or commercial, to which the water is to be put. The applicant shall pay, as and for a connection charge, the sum of three hundred dollars ($300.00). The City shall install the service from the main to the curb stop and furnish all the material and labor to that point. The Applicant shall furnish the digging and pay all costs thereafter. The City shall furnish a shut-off valve at the property line.

8.0107 Premise to have Separate Connection. Unless special permission is granted by the City Council, each premise shall have a separate service connection and where permission is granted for branch service systems, each system must have its own separate curb cock.

8.0108 Cost of Installation Borne by Consumer. The cost of original installation of all plumbing between the property line and any service devices maintained by the consumer all extensions made to such plumbing, and all repairs shall be borne entirely by the consumer. Such plumbing and services shall at all reasonable times be subject to inspection by duly authorized representatives of the City. Any repairs found to be necessary shall be made promptly.

8.0109 Use of Water Without Authority. It shall be unlawful for any person to use water from any premises without the consent of the owner, or to use water from the water system of the City without a permit from the City Council. No person except an authorized representative of the City shall turn on or off or tamper with any curb cock.

8.0110 Defective Service. All claims for defective service shall be made in writing and filed with the Finance Officer on or before the tenth (10th) day of the month next succeeding such defective service, or shall be deemed waived by the claimant. If any such claim is so filed, the Maintenance Superintendent shall investigate the facts alleged in such claim and determine the amount, if any, which should be refunded to such claimant by reason of defective service and report such determination to the City Council. If approved by the Council such amount shall be allowed as a credit on the following bill or paid as other claims. No claims shall be made against the City by reason of any fire or any injuries to the person or property of any consumer of water under the provisions hereof.

8.0111 Consent to Regulations. Every person applying for water service from the water system and every owner of property for which such application is made, shall be deemed by such application to consent to all the rules, regulations and rates of the City and to all modifications thereof and to all new rules, regulations or rates duly adopted.
Amended 11/12/08 Ordinance 2008-1 Any person authorized by the City Council to read water meters or make inspections shall be allowed free access at all reasonable hours to any building or premises where water is used. If such persons are not allowed such access, the City in its discretion may estimate the water use, shut off the water, make additional charges, or take other action not inconsistent with the law.

8.0112 Subsequent Application for Service (Deposit). ***Reserved***

8.0113 List of Water Users. The Finance Officer shall prepare a list of all present water users, giving their name and whether residential or commercial service. Such list shall be prima facie evidence of the liability of the named owner for the water charge.

8.0114 Billing and Payment. All accounts shall be carried in the name of the property owner or renter who, personally or by his authorized agent, shall apply for such service. If not paid before the 15th of said month a five ten dollar ($5.00$10.00) penalty shall be added. If not paid in full said water shall be shut off in accordance with Section 8.0117. Amended 2/01/12 Ordinance 2012-1

8.0115 Rates for Water Service. There shall be imposed a charge against all water users as follows:

Debt Service Fee: $6.50

Usage: $.05 cents per cubic foot

Bills for water service shall be paid by the fifteenth day of each month. Rates may be adjusted by the City Council, from time to time, by resolution.

Ordinance 2009-2 Addition 6/2/09 All premises connected to any water service of the City shall be assumed to be using such service and the owner or occupant shall be charged therefore as long as such premises shall remain physically connected to the water service of the City (regardless of whether the water has been turned on or off by the City at the curb-stop.)

8.0116 Liability for Charges. The property owner shall be liable for water service to the premises whether or not he is occupying the premises, provided that nothing herein shall prevent the City from ordering discontinuance of service to any such premises until any bill shall have been paid.

8.0117 Termination of Service. The City shall have the right to disconnect or refuse to connect any municipal water service for the following reasons: (SDCL 9-47-1)

A. Failure to meet the applicable provisions of law.

B. Violation of the rules and regulations pertaining to such service.

C. Nonpayment of bills.

D. Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise.

E. Tampering with any meter, seal, or other equipment controlling or regulating the supply of water service.

F. Theft or diversion and/or use of service without payment therefore.

G. Vacancy of premises.

The City shall give the municipal water service customer at least fifteen (15) days notice before termination of such service. At any time before the date of termination, a customer may dispute the correctness of all or part of the amount shown on the water bill or the determination that a violation of this Section has occurred giving rise to termination hereunder. A customer shall not be entitled to dispute the correctness of all or a part of the amount shown on the water bill if all or a part of the amount shown were the subject of a previous dispute under this Section. If the bill is not paid the water will be shut off on the date stated in the letter.

8.0118 Customer Disputes. The procedure for customer disputes shall be as follows:

A. Before the date of termination, the customer shall notify the Finance Officer, orally or in writing that the customer disputes all or a part of the amount shown on the water bill or the determination that a violation of this Section has occurred giving rights to a termination stating as completely as possible the basis for the dispute.

B. Within five (5) days after the receipt of the customer’s notice, the Finance Officer shall arrange an informal meeting with the customer. Based upon the municipal records, the customer’s allegations and all other relevant materials available to the official the Finance Officer shall attempt to resolve the dispute, in a manner satisfactory to both the City and the customer.

C. Within five (5) days after the meeting, the Finance Officer shall mail to the customer a copy of his or her decision resolving the dispute and within five (5) days of receipt of the notice, the customer may request, in writing, a formal hearing before the City Council. The formal hearing shall be held at the next regularly scheduled Council meeting.

D. At the hearing, the City Council and the customer shall be entitled to present all evidence that is relevant and material to the dispute, be represented by counsel, and examine and cross-examine witnesses.

E. Based upon the record established at the hearing, the City Council shall, within five (5) days of the completion of the hearing, issue its written decision formally resolving the dispute, which decision shall be final and binding upon the City and the customer.

Utilization of this dispute procedure shall not relieve a customer of his or her obligation to timely and completely pay all other undisputed municipal utility charges and the undisputed portions of any amounts subject to the present dispute. Failure to so pay shall subject the customer to termination.

8.0119 Termination After Customer Disputes. Until the date of the Finance Officer’s or the City Council’s decision, whichever is later, the City shall not terminate the water service of the customer and shall not issue a notice of termination solely for nonpayment of the disputed amounts.

If it is determined that the customer must pay some or all of the disputed amounts, the City shall promptly mail to or personally serve upon the customer a notice of termination containing the following:

A. Amount to be paid or violation under this Section;

B. Date of notice of termination;

C. Date of termination which shall be at least five (5) days after notice;

D. Notice that unless the City receives complete payment of the amount shown, if any, prior to the date of termination, municipal water service shall be terminated.

8.0120 Termination Procedures. Except as provided in Section 8.0119 with respect to disputes, all terminations of municipal water service for the violations of Section 8.0117 shall follow these procedures:

A. If by the payment date shown on the municipal water bill, complete payment has not been received by the City, or another violation of Section 8.0117 has occurred, the Finance Officer shall mail to, or personally serve upon the customer a notice of termination within seven (7) days after the payment date containing; (i) the amount to be paid or a statement of violation of Section 8.0117; (ii) the date of the notice of termination; (iii) the date of termination which shall be a least five (5) days from the notice of termination; (iv) notice that unless the City receives complete payment of the amount shown, if any, service shall be terminated, or notice that service shall be terminated for another violation of Section 8.0117.

B. If prior to the date of termination when the termination is for nonpayment; (i) the Finance Officer has not received complete payment of the amount shown on the notice of termination or (ii) the customer has not notified the Finance Officer that he or she disputes the correctness of all or part of the amount shown on the notice of termination, or (iii) if, prior to the date of termination for another violation of Section 8.0117, the customer has not notified the Finance Officer that he or she disputes the violation, then the City shall terminate municipal water service provided to the customer on the date of termination.

8.0121 Provisions for Continuation of Service After Termination. Water service will be reconnected only after the Finance Officer receives full payment of outstanding charges plus the payment of a forty dollar ($40.00) re-connection fee.

8.0122 Provisions for Termination of Service. The City shall terminate municipal water service hereunder only during the hours of 10:00 a.m. to 3:00 p.m. Monday through Thursday, except no termination shall be permitted on a legal holiday.

Municipal water service shall be continued for a single thirty (30) day period upon receipt of a physician’s certificate or notice from a public health or social service official that disconnection of municipal water service will aggravate an existing medical emergency of the customer or another permanent resident of the customer’s premises.

At his or her discretion, the Finance Officer may agree to the partial payment of at least 1/3 of the balance of the municipal water bill and the customer’s entering into a written agreement to pay the balance within thirty (30) days. Failure to make payments as agreed shall also be grounds for termination under the provisions of this Chapter.

8.0123 Authority to Control Use of Water. Pursuant to SDCL 9-47-1, the City Council shall have authority to regulate the distribution and use of water supplied by and for the City, where a diminution in the supply of water for the City may exist due to a prolonged drought which could cause a serious shortage of water; and where other unanticipated emergencies affecting the distribution and supply of water may arise from time to time.

8.0124 Uses Regulated or Prohibited. Upon the passage and publication of a resolution or resolutions of the City Council, providing therefore the use and withdrawal of water by any person for any or all of the following purposes as specified by such resolution or resolutions, may be regulated or prohibited as follows:

A. Watering Yards and Vegetation – The sprinkling, watering, or irrigating of yards, shrubbery, trees, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation by any method may be regulated or prohibited as follows:

1. Consumers residing on the north and east sides of a street may water on even numbered calendar dates and consumers residing on the south and west sides of a street may water on odd numbered calendar dates; or

2. Consumers residing on the north and east sides of a street may water on the first and fifteenth of each month and consumers residing on the south and west sides of a street may water on the seventh (7th) and twenty-first (21st) of each month; or

3. All such watering may be prohibited except pursuant to an exception granted under Section 8.0125 of this Chapter.

4. The City Council shall be authorized to make a determination of the location of a residence when required for the purpose of this Section.

B. Washing Outdoor Surfaces – The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces except by container not exceeding five (5) gallon capacity or pursuant to an exception granted under Section 8.0125.

C. Washing Mobile Equipment – The washing of automobiles, trucks, trailers, trailer houses, or any other type of mobile equipment except where required by health and sanitary requirements and except by container not exceeding five (5) gallon capacity or from a hose equipped with an automatic shut-off device at the end from which water is taken. This Section shall not apply to commercial vehicle washing facilities operating at fixed locations.

D. Swimming Pools – The filling of any swimming or wading pool except pursuant to an exception granted under Section 8.0125.

E. Escape Through Defective Plumbing – The escape of water through defective plumbing which shall mean the knowing permission for defective plumbing to remain out of repair.

8.0125 Exceptions Granted. Upon written application by the water user, or by direction of the City, the City Council may grant exception permits for uses of water otherwise prohibited hereby, if the following shall be determined:

A. The restrictions are not warranted by weather conditions or would cause an unnecessary and undue economic or other hardship to the applicant or to the public, or

B. The restrictions would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or the public.

Within ten (10) working days after receipt of an application for an exception permit, the City Council shall inform the applicant in writing of its decision and if refused, the reasons for refusing the permit shall be stated. The City Council shall have the authority to revoke a permit upon a finding of violation or change of the standards for issuance set forth in this Section.

8.0126 Use of Water During Fire. It shall be unlawful for any person owning or occupying premises connected to the municipal water system to use or allow to be used during a fire any water from said system, except for the purpose of extinguishing such fire. Upon the sounding of a fire alarm, it shall be the duty of every person to see that all water services are tightly closed and that no water is used except for necessary household purposes during said fire.

8.0127 Voluntary Discontinuance of Service. Any user desiring discontinuance of water service shall notify the Finance Officer at least five days prior to the date of termination and shall continue to be liable for payment of the water charge until such notice. All premises connected to any water service of the City shall be assumed to be using such service and the owner or occupant shall be charged therefore as long as such premises shall remain physically connected to the water service of the City (Regardless of whether the water has been turned on or off by the City at the curb-stop). Amended 6/2/09 Ordinance 2009-2

8.0128 Enforcement. The provisions of this Chapter shall apply to all persons using water and regardless of whether any person using water shall have a contract for water services with the City, and shall be enforced as follows:

A. Any law enforcement officer of the City shall, in connection with his or her duties imposed by law, diligently enforce the provisions of this Chapter.

B. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such.

C. In the event of a violation and after adequate written notice and hearing, the City Council shall have authority to enforce the provisions of this Chapter by the discontinuance of water service.

D. The City Council shall have available and furnish all records necessary to determine all usages of water restricted by this Chapter.

8.0129 Interruption of Service. The users of any water service furnished by the City are hereby notified that the supply of such utility may be temporarily shut off at any time. Notice shall be given, if feasible, of the contemplated shutoff, but accidents may render this impossible; hence the City hereby warns those dependent upon the utility service for any purpose of this hazard. Immediately upon finding the supply shutoff it becomes the duty of the occupant of the premises to take prompt precautions to prevent damages.

8.0130 Responsibility of Property Owners. Persons served by City water and sewer shall keep all piping, fixtures, stop valves, heaters, and other apparatus for the use of water or sewer (including meters) in good repair and protected from freezing. The property owner shall be responsible for and pay the charges for replacement of any corroded or damaged piping, fixtures, stop valves, heaters, or other apparatus for the use of water or sewer, and for any charges for the repair or replacement of water meters, occasioned by the negligence of the property owner or user, or the freezing, overheating, or other external damage to any water meters. The property owner and/or water user shall place and maintain a brass stop inside the basement of any building where water is to be used at the lowest point practicable on the service pipe entering the building and as close as practicable to the wall through which the pipe enters, and easily accessible so that the water may be turned on or off by the user or occupant.

CHAPTER 8.02 – SEWER PROVISIONS

8.0201 Definitions. Terms used in this Chapter shall mean as follows:

A. BOD (denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200c, expressed in milligrams per liter (mg/1).

B. Building Drain. 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 building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

C. Building Sewer. The extension from the building drain to the public sewer or other place of disposal.

D. Combined Sewer. A sewer receiving both surface runoff and sewage.

E. Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

F. Industrial Wastes. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

G. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

H. Normal Domestic Wastewater. Wastewater that has a BOD concentration of not more than 200 mg/l and a suspended solids concentration of not more than 240 mg/l. The average domestic flow per residence is 200 gallons per day.

I. Operation and Maintenance. All expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

J. Person. Any individual, firm, company, association, society, corporation, or group.

K. pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

L. Properly Shredded Garbage. The wastes from the preparation, cooking, and dispensing 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 (½) inch (1.27 centimeters) in any dimension.

M. Public Sewer. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

N. Replacement. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

O. Residential Contributor. Any contributor to the City’s treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.

P. Sanitary Sewer. A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

Q. Sewage. 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.

R. Sewage Treatment Plant. Any arrangement of devices and structures used for treating sewage.

S. Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage.

T. SS (denoting Suspended Solids). Solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

U. Sewer. A pipe or conduit for carrying sewage.

V. Shall is mandatory; May is permissive.

W. Slug. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration for flows during normal operation.

X. Storm Drain (sometimes termed “storm sewer”). A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Y. Maintenance Superintendent. The personnel in charge of daily operations of the sewer system for the City of Bridgewater, South Dakota, or his authorized deputy, agent, or representative.

Z. Treatment Works. Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system preventing, abating, reducing, storing, treating separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

AA. Useful Life. The estimated period during which a treatment works will be operated.

BB. User Charge. That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

CC. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

8.0202 Use of Municipal Sewer Required.

A. 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 the City of Bridgewater or in any area under the jurisdiction of said City any human or animal excrement, garbage, or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the City of Bridgewater, or in any area under the jurisdiction of said City any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

C. 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.

D. The owner of all houses , buildings, or properties used for human employment, recreation, or other purposes, situated within the City 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 City, 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 ninety (90) days after date of official notice to do so, provided that said public sewer is within four hundred (400) feet of the property line.

8.0203 Building Sewers and Connections with Municipal Sewers.

A. Where a public sanitary sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

B. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit authorized by the City Council. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City Council. A permit and inspection fee of twenty dollars ($20.00) shall be paid to the City at the time the application is filed.

C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Maintenance Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Superintendent.

D. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of South Dakota. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than twenty thousand (20,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

G. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

H. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bankrun gravel or dirt.

8.0204 Sewer Permits and Specification Requirements.

A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Council. A violation of this section shall be a misdemeanor.

B. 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 his agent shall make application on a special form furnished by the City. The permit application shall be a part of the building permit and considered pertinent in the judgment of the City Council. Added 7/5/06 Ordinance 2006-1 The applicant shall pay, as and for a connection charge, the sum of three hundred dollars ($300.00).

C. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Maintenance Superintendent, to meet all requirements of this ordinance.

F. The size, slope, alignments, 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 City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H. No person shall make connection of roof down spouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

I. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Maintenance Superintendent before installation.

J. The applicant for the building sewer permit shall notify the Maintenance Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Maintenance Superintendent or his representative.

K. All excavations for building sewer installation 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 City.

8.0205 Use of Municipal Sewer System.

A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. 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 Maintenance Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Maintenance Superintendent, to a storm sewer, or natural outlet.

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

1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

2. 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 sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/I as CN in the wastes as discharged to the public sewer.

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

4. 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 sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers, etc., either whole or ground by garbage grinders.

D. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Maintenance Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degree Celsius).

2. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 degrees and 65 degrees Celsius).

3. Any garbage that has not been properly shredded. The instal­lation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Maintenance Superintendent.

4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Maintenance Superintendent for such materials.

6. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Maintenance Superintendent as necessary to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge received at the sewage treatment works.

7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Maintenance Superin­tendent in compliance with applicable State or Federal regulations.

8. Any waters or wastes having a pH in excess of 9.5.

9. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d. Unusual volume of flow or concentration of wastes consti­tuting “slugs” as defined herein.

10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed.

11. Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the City Council. Where necessary in the opinion of the City Council, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Council and no construction of such facilities shall be commenced until said approvals are obtained in writing.

E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section D of this Article, and which in the judgment of the Maintenance Superintendent, may have a deleterious effect upon the sewage works, processes, or equipment, or which otherwise create a hazard to life to constitute a public nuisance, the City Council may:

1. Reject the wastes,

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

3. Require control over the quantities and rates of discharge, and/or

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section J of the Article.

If the City Council 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 City Council, and subject to the requirements of all applicable codes, ordinances and laws.

F. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Maintenance Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, 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 Maintenance Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

H. When required by the City Council, the owner of any property services by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Council. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

I. All measurements, tests, and analyses 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, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids and analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)

J. No statement contained in this article 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 therefore, by the industrial concern.

8.0206 Powers and Authority of Inspectors.

A. The Maintenance Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with provisions of this ordinance. The Maintenance Superintendent or his representatives shall have no authority to inquire into any processes including metal­lurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties, the Maintenance Superintendent or duly authorized employees of the City 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 City employees and the City shall indemnify the company against loss or damage to its property by City 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.

C. The Maintenance Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City hold a duly negotiated easement for the purposes of , but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works 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.

8.0207 User Charge System.

A. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this ordinance.

B. A portion of the total user charge collected which is designated for operation and maintenance including replacement purposes, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:

1. An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account)

2. An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made annually from the operation, maintenance and replacement revenue in the amount of five hundred dollars ($500.00) annually.

C. Fiscal year-end balance in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts.

Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

8.0208 Sewer User Fee Schedule and Process (Flat Rate Structure).

A. There shall be imposed a charge against all water users as follows:

Debt Service Fee: $16.75 per month, plus

Usage: $.015 times the cubic feet of water used based on the average monthly usage during the six winter months (Oct.-Mar.). In situations where no water is used during the winter months, a fair compensation to the city will be determined by the Municipal Finance Officer.

Bills for sewer service shall be paid by the fifteenth day of each month. All premises connected to any sewer service of the City shall be assumed to be using such service and the owner or occupant shall be charged therefore as long as such premises shall remain physically connected to the sewer service of the City. Rates may be adjusted by the City Council, from time to time, by resolution.

B. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City’s treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each user will be as determined by the responsible plant operation personnel and approved by the City Council of Bridgewater, South Dakota.

C. The user charge rates established in this article apply to all users, regardless of their location, of the City’s treatment works.

D. The City will review the user charge system from time to time, and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. Any excess revenues collected from a class of users shall be credited to that class for the next year and its rates will be adjusted accordingly.

E. The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.

8.0209 Penalties.

A. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. A violation of this provision shall be a misdemeanor.

B. Any person found to be violating any provision of this ordinance shall be served by the City 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.

C. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.

D. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.