HomeMy WebLinkAbout1975-OR-27Om:)TNANE]~ ~:). 75-0R-27
An Ordinance re§ulating the connection to and
use of public and private sewers and drains,
the installation and connection of building
sewers, and the discharge of waters and wastes
into the public sewer system of the City of
Jeffersonville, Indiana, and providing penal-
ties for violations thereof.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
JEFFERSONVlLLE, II~)IANA:
Section 1. Unless the c~te~specifically indicates
otherwise, the meaning of terms used i~ this ordinance shall
be as follows:
(a) Biochemical Oxygen demand (BCD) shall mean the quantity
of oxygen utilized in the biochemical Qxidation, of organic matter
under standard laboratory procedure in five (5) days at 20°C,
expressed in milligrams per liter.
(b) "Building drain" ("Sanitary building drain") shall mean
that part of the lowest horizontal piping of the sanitary drain-
age system inside the walls of any building, which receives the
discharge from soil or waste stacks and branches and conveys the
same to 9 point three (3) feet outside the building walls Where
it connects with its respective building sewer.
(c) "Building newer" shall mean the extension frp~ the, ~
building drain to the public sewer or other place of disposal.
(d) "City ~ngineer" shall mean the duly appointed City
E~gineer of the City of Jeffersonville, Indiana, or his author-
izod deputy, agent or representative.
(e) "Combined sewer" shall mean a s~wer re~e~ing both
sewage and storm or surface water. ·
(.f) "Garbage" shall m~an solid waste fr~m the domestic
and commercial preparation, cooking, and dispensing of food,
and from the handling, stora~, and sale of produce.
(g) "Industrial wastes" shall mean the liquid wastes from
industrial manufacturing processes, trade, or business as dis-
tinct from sanitary wastes.
(h) "Inspector" shall mean the person or persons duly
authorized by the City, through its Board'of Public Works, to
inspect and approve the installation of build~mg sewers and its
connection to the public sewer system.
(i) "May" is permissive.
(j) "Natural outlet" shall mean any outlet into a water-
course, pond, ditch, lake, .or other body of surface or ground-
water.
(k) "Person" shall mean any individual, firm, company,
association, society, corporation, or group.
(1) "pM" shall mean the logarithm of the reciprocal of the
hydrogen ion comcentratio~, expressed in grams per liter of sol-
utio~.
(m)~ "Properly shredded garbage" shall mean the wastes from
the preparation, cooking, and dispensing of food that have been
shredded to such a degree that all particles will he carried
freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one-half (1/2) inch in any
d imens ion.
(n) "public sewer" shall mean a sewer in which all owners of
a~m=ing properties have equal rights, and is controlled by public
authority.
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(o) "Sanitary sewer" shall mean a sewer which carries sewage
from residences, commercial buildings, industrial plants, and
institutions together with minor quantities of ground, storm, and
a~rface wa~er that are not intentionally admitted.
(p) "Sewage" shall mean a combination of the water-carried
wastes from residences, business buildings, institutions, and
industrial escablishments, together with such ground, surface
(q) "Sewage treatment plant" shall mean any arrangemen~
(r~ "Sewage works" shall'mean all facilities for the col-
lecting, pumping, treating, and disposing of sewage.
(s) "Sewer" shall mean a pipe or conduit for carrying
(t)
(u)
"Shall" is mandatory.
"Slug" shall mean 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~fgur (24) hour concentration of flows during normal
operation and shall adversely affect the collection system and/or
performance of the sewage crea=ment plant.
(v) "Storm drain" (sO~etimes termed "storm sewer") shall
mean a sewer which carries storm and surface waters and drainage~
but excludes sewage and industrial wastes, other than unpolluted
cooling water.
(w) "Suspended solids" shall mean solids that either float
on the surface of, or are in suspension in water, sewage, or
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other ~{qulds, and which are removable by laboratory filtering.
(x) "Unpolluted water" is water of quality equal to or
better than the effluen~ criteria in effect or water that would.
not cause violation %f receiving water quality ~tandards and
would not be benefited by discharge into sanitary sewers
sewage treatment facilities provided.
(y) 'Watercourse" shall mean a channel in which a flow of
wa~er occurs, either continuously or intermittently.
Sec. 2. (a) It shall be unlawful for anf person to place,
deposit, or permit to be deposited in any unsanitary manner on
public o* private property within the City ,or in any area under
~he jurisdiction of said City, any human or animal excrement,
garbage, or other objectionable waste.
(b) I~ shall be unlawful to discharge to any natural outlet
within said City, or in any area under the Jurisdiction of said
City, any sewage or other polluted waters, except where suitable
t~atment~as been provided in accordance with subsequent provi-
sions of this ordinance.
(c) Except as hereinafter provided, it shall be unlawful
to const.ruct 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 proper~ies used
for human occupancy, employmenT, recreation or other purposes,
situated withi~ the City, is hereby required at his expense
install suitable toile~ facilities therein, and go connect such
facilities directly with the proper public sewer in accordance
with the provisions of this ordinance, within ninety (90) days
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after date of official notice to do so, provided that said
public sewer is within three hundred feet of the propergy
lihe.
Sec. 3. (a) Where a public sanitary or combined sewer is
mot available under the provisions of Sec. 2(d), 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 sew-
age disposal system the owner shall first obtain a written permit
signed by the City Engineer. T~e application for such permit
shall be' made on a form furnished by the City, which the applicant
shall supplement by any plans, spe%ifications, and other informa-
tion as are deemed necessary by the City Engineer. A permit and
inspection fee of Twenty-five Dollars ($25.00) shall be paid to
the ~ity at the'time the application is filed.
(c) A permit for a private sewage disposal system shall
become .effective until the installation is completed to the satis-
faction of the City Engineer. He shall be allowed to inspect
the work at any stage of construction and~ in any event,.the
appli~ant for the permit shall notify the City Engineer when the
work is ready for final inspection, and before any underground
portions are covered. The inspection shall be made within
Forty-eight (48) hours of the receipt of notice by the City
Engineer.
(d) The type, capacities~ location, and layout of a private
sewage disposal system shall comply with all recommendations of
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the County Board of Health of the State of Indiana. No septic
tank or cesspool shall be permitted to discharge to any natural
outlet.
(e) At such tgme as a public sewer becomes available to a
property served by a private sewage disposal system as provided
in Sec. 3(d), a direct connection shall be made to ~he 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 sta=ement contained in this articl% shall be con-
struad to interfere with a~y additional requirements that may
be imposed by thc Health Officer.
(h) %~en ~ public sewer bec~nes available, the building
sawer ~hall be conaacte4 to said sewer within ninety (90) days
and the private sewage disposal system shall be cleaned of sludge
and filled with clean bank-run gravel or dir~.
Sac: 4. (a) No unauthorized person shall uncover, make a~y
connections with or opening into, use, al=er, or disturb any
public sewer or appurtenance thereof without first obtaining a
written perait from the City Engineer.
(b) There shall be cwo (2) classes of building sewer
£nspec=ion fees: (1) for residential and com~rcial service,
and (2) for service =o establishments producing industrial was=es.
An inspection fee of Ten Dollars (~ 10.00) for a residential or
commercial building sewer, or Fifteen Dollars ($15.00) for an
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industrial building sewer shall be paid to the City at the time
the application for inspection is filed by the owner or his
agent with the City Engineer's office. The applicant or his
agent shall also ap~ly for a tap-in permit at such fee as is set
forth in Section 4. of the companion rates and charges ordinance,
and which tap-in permit application is obtainable in the City
Engineer's office. Such permit application shall be supplemented
by any plans, specifications, or other information considered
pertinent in the judgment of the Inspector.
(c) All costs and expense incident to the installation and
connection of the building sewe~ 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 fron~ building may be extended to the rear building and the
whol~ considered as one building sewer, but the City does not and
will not assume any obligation or responsibility for damage caused
by or resulting from any such single connection aforementioned.
(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 ordinance.
(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 o=her applicable rules and regulations of =he Ci=y. In the
absence of code provisions or in amplifies=ion =hereof, =he materials
and procedures se= for=h iD appropria=e specifications of the A.S.T.M.
and W.P.C.F. Manual ~f Prat=ice No. 9 shall apply.
(g) ~henever possible, =he building sewer shal! be brough= =o
=he building ac an eleva=lon bel~v =be baseu~n= floor. In all
buildings in which any building drain is too low co permi= gravi=y
flow =o =he public sewer, sani=ary sewage carried by such building
drain shall be lifted by an approved u~ans and discharged =o the
building sewer.
(h). A person shall hoc make connec=ion of roof downspouts,
ex=erior foundation drains~ areaway drains, or o=her sources of
surface runoff or groundwa=er to a building sewer or building drain
which in =urn is eoenec=ed direc=ly or indirectly co a public
sani=ary sewer.
(i) ~he conoec=ion of =he building sewer in=o =he public
sewer shall confolm to =be requirements of =he building and plumb-
ing code or other applicable rules and regulations of =he Ci=y, or
=he procedures se= for=h in appropria=e specifics=ions of the A.S.T.M.
and =he W.P.C.F. Manual of Prac=ice No. 9. All such connections
sha~l be made gastight and wa=ertigh= a~d verified by proper res=lng.
Any devia=ion frog'=he prescribed procedures and ~a=erlals must be
epproved by =he Ci=y Engineer before ins=al~a=lon.
(j) Tl~e applica~c for the building sewer permit shall no=ify
the ~uspec=or when the building sewer is ready for inspection and
eon~eccio~ =o =he public sewer, The coenec=lon shall be made under
=he supervisio~ of =he Inspector or his represen=a=lve.
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(k) All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to pro-
ccc= 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 said City.
Sec. 5. (~) A person shall not discharge or cause to be
discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, unconeaminated cooling water, or
unpolluted industrial process waters to any sanitary sewer.
(b) Scormwater and all other unpolluted drainage.shall be
discharged to such sewers as are specifically designated as
by the City Engineer. Industrial cooling water or unpolluted
process waters may be discharged, on approval ~f the City Engineer,
(c) A person shall not discharge or cause to be discharged
any of the following described waters ox wastes to any public
(1) Any Easoline, 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
(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 either
'by settling out or by matting in the sewers, or other inter-
ference with the proper operation of the sewage works such
shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch 'manure, hair and
fl~shings, entrails and paper dishes, cups, milk contain-
ers, etc., either whole or ground by garbage grinders.
(d) The following described substances, materials, waters, or
wastes shall be limited in discharges directly or indirectly into
a public sewer to concentrations or quantities which will not
harm either 'the sewers, sewage treatment process or equipment,
will not have an adverse effect on the receiving stream, or will
not otherwise endanger lives, limb, public property or constitute
a nuisance. The City Engineer may set limitations lower than
the limitations established in the regulations below If im his
opinion such more severe limitations are necessary to meet the
above objectives. In forming his opinion as to the acceptability,
the City Engineer will give consideration to such factors as the
quantity of subject waste in relation.to flows and velocities in
the sewers, materials of construction of the se~ers, the sewage
treatment process employed, capacity of the sewage treatment plant,
degree of treatability of the waste in the sewage treatment plant,
a~d other pertinent factors. The limitations or restrictions on
materials or characteristics of waste or sewage discharged into
the public sewer which shall net be deviated from without the
approval of the City Engineer and which shall be sub~ect co rate
surcharges as is otherwise provided by the City are as follows:
(1) Any liquid or vapor having a temperature
higher than one hundred fifty (150)OF (65oc).
(2) Any water or waste containing fats, wax,
grease, or oils, whether emulsified or not, in ex-
cess of one hundred (100) mt/1 or containing sub-
stances which may solidify or become v~scous a~
temperatures between thirty-two (32) and one hundred
fifty (150)°F (0 and 65°C).
(3) Any garbage that has mot 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 subjec~ to the review and approval of the
City Engineer.
(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, chrom-
ium, copper, zinc, and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine
requirement, to such degree that amy such material re-
ceived in the composite sewage at the sewage treatment
works exceeds' the limits established by the City Engineer
for such materials.
(6) Amy waters or wastes containing phenols or other
taste or odor-producing substances, in sueheoncentrations
exceeding limits which may he established by the City
Engineer as necessary, after treatment of the ~omposite~
sewage, to meet the requirements of the State, Federal,
or other public agencies of Jurisdidtion for such discharge
to the receivi~g waters.
(7) Any radioactive wastes or isotopes of such
halflife or concentration as may exceed limits estab-
lished by the City Engineer in compliance with applica-
ble State or Federal regulations.
(8) Any waters or wastes having a pH in excess of 9.5~
(9) Materials which exert or cause:
(i) 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 U3,
· sodium chloride and sodium sulfate).
(ii) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(iii) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities as to
constitute a si~nlficant load on the sewage
treatment works.
(iv) 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 receiv~ng waters.
(e) If any waters or wastes are discharged, or are proposed
to be discharged, to the public sewers, which waters contaim the
substances or possess the characteristics enumerated in Sec. 5(d)
of this article, and which in the judgment of the City Engineer .
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 City Engineer
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 mot covered by existing
taxes or sewer charges under the provisi6ns of Sec. 5(j)
of this article.
If the City Engineer permits the pretreatment or equalization of
waste flows, the design and installation of the plants and equip-
ment shall be subject to the review and approval of the City
Engineer and subject to ~he 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 ingred-
ients; except that such interceptors shail not be required for
private living quarters or dwelling units. All interceptors
shall be of a type and capacity approved by the City Engineer,
and shall be located as to be readily and easily accessible for
cleaning and inspection.
(g) Where preliminary treatment, or interceptors as mentioned
in the next above paragraph, or flow-equalizing facilities are
provided for any waters or wastes, they shall be maintained con-
tinuously in satisfactory and effective operation by the owner
at his expense.
(h) When required by the City Engineer~ the owner Of any
property service~ 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 accessibl~ and
safely located, and shall be coDstructed in accordance with plans
approved by the City Engineer. The manhole shall be installed by
the o~zner 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 character-
i.stics of waters and wastes to which reference is made in th'is
ordinanc~ shall be determined in accordance with the latest edi-
tion 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 suit-
able 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 llfe, ~mb, and property.
(The particular analyses involved will determine whether a twenty-
four (24) hours cc~posite 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 analyses are obtained
from twenty-four (24) hour' cc~posites of all Outfalls whereas
PH's are determined from periodic grab samples.}
(j) Mo statement contained in this section shall be eon-
str~ed as preventing any special agreement or arrangement between
the City and amy industrial concern whereby an industrial waste
of unusual strength.or character may be acc;prod by the City for
treatment, subject to payment therefor, by the industrial concern
at such rates which a~e ccrapatible with the rate ordinance~
Sec. 6. No unagthorized person shall maliciously, willfully
of the municipal sewage works. Any person violating this provi-
sion shall be subject to i~ediate arrest undercharge of
disorderly conduct.
Sec. 7. (a) The C~ty Engineer; Inspector, and other duly
authorized employees of the City bearing proper credentials and
iden~i~ication shall be permitted to enter all properties for
the purposes of Inspection, observation, measurement, sampling,
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
(b) While performing the necessa~ywork on private properties
referred to in Sec. 7(a) above, the City Engineer or duly
authorized employees 9f the City shall observe all safety rules
applicable to the premises established by the company and the com-
pany shall be held harmless for injury or death to the City em-
ployees and the City shall indemnify the company against loss ar
damage to its property by City employees and against liability
claims and demands for personal injury or property d~mage 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 Sec. 5(h).
(c) The City Engineer and other duly authorized employees
of the City bearing proper credentials and identiftcattDn shall be
permitted =o enter all private properties through which the City
holds an easement for the purposes of, but not limited to,
speetion, observation, measurement, sampling, repair, and mainten-
ance of any portiom of the ~ewage works lying wfthin said easement.
Ail entry and subsequent work, if any, on said easement, shall be
done in full accordance with the terms of the easement per6aintng
to the private property involved.
S~c. 8. (a) Any person found to be violating any provision
of this ordinance except Sec. 6 shall be served by the City with
wrfttem notice stating the nature of the violation and p~ovidtng
a reasonable time limit for the satisfactory correction thereof.
The offender shall, within the period of time stated in such no-
tice, permanently cease all violations.
(b) Any person who shall continue any viola~ion beyond the
time limit provided for in Sec. 8(a) shall be guilty of a misde-
meanor and on conviction thereof shall be fined in the amount not
exceeding Ten Dollars ($10) for each violation. Each day in
which any such violation shall continue shall be deemed a separ-
ate offense.
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(c) A~y 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 regard-
less of whether or not he shall be found guilty of a misdemeanor
if a court of competent jurisdiction finds that his action or in-
action in violation of this ordinance caused damage to the City.
Sec. 9. Ail ordinances or parts of ordinances in ¢onfliet
herewith are hereby repealed including specifically Ordinances
1~68 and 1406. The invalidity of any section, clause, s~ntence,
or provision of this ordinance shall not affect the validity of
any other part of this ordinance which can be given effect'with-
out such invalid part or parts.
Sec. 10. This ordinance shall be in full force and effec~
from and after its passage and signing by the Mayor.
passed and adopted by the Common Council of the City of
Jeffersonville ob the ~%~day of
~Xmrk-Treasurer ~ ~/.
~ove~n k~ , 1975.
' May~r
Presented by me to the Mayor of the City of Jeffersonvllle
on this 94TM day of N~4~ , I975, at the hour of
· 8~4~ o'clock P .M. (CST).
This ordinance approved and signed by me on the ~47~ day of
~OV~ , 197S, a~ the hour of ~%~O o'clock P..M.
(cs~).