User Charge System
Section 705.010. Purpose. [Ord. No. 221, 9-13-1983]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City’s treatment works. The proceeds of such charges so derived will be used for the purpose of operating and maintaining and retiring the debt for the public wastewater treatment works.
Section 705.020. Definitions. [Ord. No. 221, 9-13-1983]
Unless the context specifically indicates otherwise, the meanings of terms used in this Article shall be as follows:
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 twenty degrees centigrade (20° C.), expressed in milligrams per liter (mg/l).
NORMAL DOMESTIC WASTEWATER — Wastewater that has a BOD concentration of not more than two hundred four (204) mg/l and a suspended solids concentration of not more than two hundred forty (240) mg/l.
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.
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.
RESIDENTIAL CONTRIBUTOR — Any contributor in the City’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL — Is mandatory; “may” is permissive.
SS (denoting “suspended solids”) — Solids that either float on the surface of or are suspended in water, sewage, or other liquids and which are removable by laboratory filtering.
TREATMENT WORKS — Any devices and systems for 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 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 for preventing, abating, reducing, storage, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
USEFUL LIFE — The estimated period during which a treatment works will be operated.
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.
WATER METER — A water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by a user and approved by the City.
Section 705.030. Use of Funds; Accounts; Balances Carried Over. [Ord. No. 221, 9-13-1983]
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 Article.
Section 705.040. User Charges and Surcharges. [Ord. No. 221, 9-13-1983]
A. Each user shall pay for the services provided by the City based on his use of the treatment works as determined by water meter(s) acceptable to the City.
B. (Reference is made to Appendix A of this ordinance, which is on file in the City offices.) For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge, in addition to the normal user charge, will be collected. The surcharge for operation and maintenance, including replacement, shall be set by the Board of Aldermen from time to time and shall be on file in the City offices.
C. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent 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 shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.
D. The user charge rates established in this Section apply to all users, regardless of their location, of the City’s treatment works.
Section 705.050. Billing. [Ord. No. 221, 9-13-1983]
Bills shall be submitted to City residents on a monthly basis and are to be paid by the payment due date.
Section 705.060. Review and Revision of Rates; Notification. [Ord. No. 221, 9-13-1983]
A. The City will review the user charge system at least once every two (2) years and revise user charge rates as necessary to insure 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.
B. 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.
Section 705.070. Rates Established. [Ord. No. 221, 9-13-1983; Ord. No. 233 §1, 2-13-1989; Ord. No. 251 §1, 7-9-1992]
The rates for sewer service to customers of the City of Laddonia, Missouri, shall be as set by the Board of Aldermen from time to time and shall be on file in the City offices.
Section 705.080. Amendments. [Ord. No. 227 §1, 6-11-1985]
Any changes in the rates provided for by this Article must be approved by the State Director of Rural Development, United States Department of Agriculture, so long as the City of Laddonia has unpaid obligations which are held or insured by the United States of America. Any amendment or change to these rates shall be effective on the date such amendment or change is passed by the City or on such other date as the City may by resolution designate. Such amendment or change shall be ineffective only if not approved by State Director of Rural Development, United States Department of Agriculture. Said approval shall be retroactive to the date of such change or amendment.
Section 705.090. Fee Established. [Ord. No. 247 §1, 9-12-1991]
Water and sewer deposit fees and charges are set out in Section 700.040(B) of this Code.
Operation and Use of Public and Private Sewers and Drains
Section 705.100. Adoption of Rules and Regulations. [Ord. No. 360 Art. I, 4-18-2005]
The following rules and regulations are hereby adopted to govern the sewer services furnished by the Municipality in a uniform manner for the benefit of the Municipality and its sewer users. They are subject to change from time to time. All such changes must be approved by the State Director of Rural Development, United States Department of Agriculture, or his successor, so long as the Municipality has unpaid obligations which are held by or insured by the United States of America. If any portion of these rules shall be declared invalid by competent authority, such voidance shall not affect the validity of the remaining portions.
Section 705.110. Definitions. [Ord. No. 360 Art. II, 4-18-2005]
Unless the context specifically indicates otherwise, the meanings of terms used in this Article shall be as follows:
APPLICANT — Any individual, firm, partnership, corporation or other agency owning land within the Municipality applying for sewer service.
BOARD — The Board of Aldermen of the City of Laddonia, Missouri.
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 twenty degrees Celsius (20° C.), expressed in milligrams per liter.
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 [one and five-tenths (1.5) meters] outside the inner face of the building wall.
BUILDING SEWER — The extension from the building drain to the public sewer or other place of disposal.
COMBINED SEWER — A sewer receiving both surface runoff and sewage.
GARBAGE — Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES — The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
INSPECTOR — The person or persons duly authorized by the City of Laddonia to inspect and approve the installation of building sewers and their connection to the public sewer system.
MUNICIPALITY — The City of Laddonia, Missouri.
NATURAL OUTLET — Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON — Any individual, firm, company, association, society, corporation or group.
pH — The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE — The wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch [one and twenty-seven hundredths (1.27) centimeters] in any dimension.
PUBLIC SEWER — A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SANITARY SEWER — A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE — A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
SEWAGE TREATMENT PLANT — Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS — All facilities for collecting, pumping, treating and disposing of sewage.
SEWER — A pipe or conduit for carrying sewage.
SHALL — Is mandatory; “may” is permissive.
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-hour concentration or flows during normal operation.
STATE DIRECTOR — The State Director of Rural Development for Missouri, United States Department of Agriculture, or his successor.
STORM DRAIN (sometimes termed “storm sewer”) — A sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT — The Superintendent of the municipal sewer works of the City of Laddonia, Missouri, or his authorized deputy, agent or representative.
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.
WATERCOURSE — A channel in which a flow of water occurs, either continuously or intermittently.
Section 705.120. Unlawful Acts. [Ord. No. 360 Art. III, §§1-3, 4-18-2005]
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 Laddonia, 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 Laddonia, 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 Article.
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.
Section 705.130. Installation of Toilet Facilities Required. [Ord. No. 360 Art. III, §4, 4-18-2005]
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Municipality 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 or combined sewer of the Municipality, 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 Article within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet [thirty and five-tenths (30.5) meters] of the property line.
Section 705.140. Private Sewage Disposal Systems. [Ord. No. 360 Art. IV, 4-18-2005]
A. Where a public sanitary or combined sewer is not available under the provisions of Section 705.130, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section.
B. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the inspector. The application for such permit shall be made on a form furnished by the Municipality, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the inspector. A permit and inspection fee of an amount set by the Board of Aldermen from time to time and on file in the City offices 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 inspector. 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 inspector when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within four (4) hours of the receipt of notice by the inspector if received in the forenoon and within eighteen (18) hours of receipt of notice if received in the afternoon.
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 Missouri. 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 fifteen thousand (15,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection (D), a direct connection shall be made to the public sewer in compliance with this Article, 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 Municipality.
G. No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer of the State or County.
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 bank-run gravel or dirt.
Section 705.150. Installation and Connection Requirements. [Ord. No. 360 Art. V, 4-18-2005]
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 inspector.
B. There shall be two (2) classes of building sewer permits: a) for residential and commercial service; and b) 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 Municipality. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the inspector. A permit and inspection fee of for a residential, commercial or industrial building sewer permit in an amount set by the Board of Aldermen from time to time and on file in the City offices shall be paid to the City at the time the application is filed.
C. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Municipality 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 inspector, to meet all requirements of this Article.
F. 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 Municipality. In the absence of code provisions, utilization of industry-appropriate materials in a good and workmanship-like manner and/or in a manner consistent with MODNR Regional Office guidance will 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 downspouts, 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 Municipality or, in the absence of code provisions, utilize industry-appropriate materials in a good and workmanship-like manner and/or in a manner consistent with MODNR Regional Office guidance. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the inspector before installation.
J. The applicant for the building sewer permit shall notify the inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the inspector or his representative.
K. 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 Municipality.
Section 705.160. Discharge Restrictions. [Ord. No. 360 Art. VI, 4-18-2005]
A. No person shall discharge or cause to be discharged any stormwater, 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. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the inspector. Industrial cooling water or unpolluted process waters may be discharged, on approval of the inspector, to a storm sewer, combined 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/l as CN in the wastes as discharged to the public sewer.
3. Any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight or containing more than 350 parts per million by weight of suspended solids or having an average daily flow greater than two percent (2%) of the average sewage flow of the City shall be subject to the review of the Superintendent. Where necessary, in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million by weight or reduce the suspended solids to 350 parts per million by weight or 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 Superintendent, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
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 fleshing, entrails and paper dishes, cups, milk 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 inspector, 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 inspector 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 degrees Fahrenheit (150° F.) [sixty-five degrees Celsius (65° C.)].
2. Any water or waste 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 degrees Fahrenheit (32° F.) and one hundred fifty degrees Fahrenheit (150° F.) [zero degrees Celsius (0° C.) and sixty-five degrees Celsius (65° C.)].
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 inspector.
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 inspector 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 inspector as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the inspector in compliance with applicable State or Federal regulations.
8. Any waters or wastes having pH in excess of nine point five (9.5).
9. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller’s earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and 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 or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. Rejection, Control Or Pretreatment Of Certain Waters Or Wastes.
1. 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 Subsection (D) of this Section and which, in the judgment of the inspector, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the inspector may:
a. Reject the wastes;
b. Require pretreatment to an acceptable condition for discharge to the public sewers;
c. Require control over the quantities and rates of discharge; and/or
d. 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 Subsection (J) of this Section.
2. If the inspector 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 inspector 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 inspector, 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 inspector 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 inspector, the owner of any property serviced 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 accessible and safely located and shall be constructed in accordance with plans approved by the inspector. 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 analysis of the characteristics of waters and wastes to which reference is made in this Article 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 analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken.) Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH is determined from periodic grab samples.
J. No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the Municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Municipality for treatment, subject to payment therefor, by the industrial concern.
Section 705.170. Damaging or Tampering With Sewage Works Prohibited. [Ord. No. 360 Art. VII, 4-18-2005]
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 sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Section 705.180. Inspection and Maintenance. [Ord. No. 360 Art. VIII, 4-18-2005]
A. The inspector and other duly authorized employees of the Municipality 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 the provisions of this Article. The inspector 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 referred to in Subsection (A) above, the inspector or duly authorized employees of the Municipality 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 Municipality’s employees, and the Municipality shall indemnify the company against loss or damage to its property by Municipality 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 Section 705.160(H).
C. The inspector and other duly authorized employees of the Municipality bearing proper credentials and identification shall be permitted to enter all private properties through which the Municipality 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 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.
Section 705.190. Enforcement; Violations and Penalties. [Ord. No. 360 Art. IX, 4-18-2005]
A. Any person found to be violating any provision of this Article, except Section 705.170, shall be served by the Superintendent 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 be guilty of an ordinance violation, and, on conviction thereof, shall be fined an amount not exceeding that amount set out in Section 100.220 of this Code 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 Article shall become liable to the Municipality for any expense, loss or damage occasioned the Municipality by reason of such violation.