Document Brighton_doc_19d80e987a

13-1 CHAPTER 13 Water and Sewer Article 13-4 Water Regulations and Rates Sec. 13-4-05 Definitions Sec. 13-4-10 Supply; application required Sec. 13-4-20 Connection work; authorization required Sec. 13-4-30 Permit required for supply extension, alteration Sec. 13-4-40 Inspection of facilities Sec. 13-4-50 Service discontinuance; notice required Sec. 13-4-60 Stopcock required Sec. 13-4-70 Meter bypass prohibited Sec. 13-4-80 Prohibited acts by plumbers Sec. 13-4-90 Water plant investment fee schedule Sec. 13-4-95 Dual system fees Sec. 13-4-100 Disconnection and reconnection fees Sec. 13-4-110 Payment of charges; lien Sec. 13-4-120 Delinquent payments; discontinuance of service Sec. 13-4-130 Charges, water service; schedule Sec. 13-4-140 Service outside the City Sec. 13-4-150 Charges during building construction Sec. 13-4-160 User to report changes affecting rate Sec. 13-4-170 Unauthorized use of fire hydrants prohibited Sec. 13-4-180 Irrigation requirements and restrictions; outdoor water use; violations and penalties Sec. 13-4-190 Wasting water; unauthorized connections Sec. 13-4-200 Unmetered service use; liability Sec. 13-4-210 Damaging or impairing water system Sec. 13-4-220 Service line repair and replacement; costs Sec. 13-4-225 Procedure for replacing meter Sec. 13-4-230 Stop box and stopcock maintenance Sec. 13-4-240 Service discontinuance Article 13-6 Appropriation of Nontributary Groundwater Sec. 13-6-10 Obligation of City to supply water; exception Sec. 13-6-20 Appropriation of nontributary groundwater Sec. 13-6-30 Consent to groundwater appropriation Sec. 13-6-40 Filing of land area map Article 13-8 Water and Sewer Main Extensions and Installations Sec. 13-8-10 Requirements generally; Council approval Sec. 13-8-20 Contract, application and deposit; installation and maintenance Sec. 13-8-30 Landowner or developer reimbursed; utility main extension agreement Sec. 13-8-40 Extension tap fees; computation and payment Sec. 13-8-50 Size of mains determined by City Sec. 13-8-60 Separate service lines required Sec. 13-8-70 Oversized mains Sec. 13-8-80 Installation of water meter pit and yoke Article 13-12 Sewer Use Regulations Division 1 Definitions ---PAGE BREAK--- 13-2 Sec. 13-12-10 Definitions Division 2 Use of Public Sewers Required Sec. 13-12-20 Unsanitary disposal prohibited Sec. 13-12-30 Treatment of discharge Sec. 13-12-40 Privies, septic tanks and cesspools prohibited Sec. 13-12-50 Connection to public sewer Division 3 Sanitary Sewers, Building Sewers and Connections Sec. 13-12-60 Building sewer permit required Sec. 13-12-70 Building sewer permit types; application; fee Sec. 13-12-80 Costs borne by owner; indemnification of City Sec. 13-12-90 Construction standards Sec. 13-12-100 Surface runoff or groundwater connections prohibited Sec. 13-12-110 Separate sanitary sewers for buildings Sec. 13-12-120 Existing building sewers Sec. 13-12-130 Building sewer connections Sec. 13-12-140 Low drains Sec. 13-12-150 Inspection and connection Sec. 13-12-160 Excavations Sec. 13-12-170 General prohibited discharges Sec. 13-12-175 Responsibility for administration of industrial pretreatment program Sec. 13-12-180 Local limits Sec. 13-12-190 Industrial wastewater discharge permits Division 4 Use of Public Sewers Sec. 13-12-200 Prohibitions for discharge of unpolluted waters Sec. 13-12-210 Fats, oil and grease (FOG) control, and petroleum, oil and sand (POS) control requirements Sec. 13-12-220 Installation and maintenance of flow-equalization facilities Sec. 13-12-230 Pretreatment of industrial wastewater Sec. 13-12-240 Reporting requirements Sec. 13-12-250 Measurements, tests and analysis Sec. 13-12-255 Deadline for compliance with applicable pretreatment requirements and standards Division 5 Protection of Sewer System Sec. 13-12-270 Protection from damage Sec. 13-12-275 Additional pretreatment measures Division 6 Powers and Authority of Inspectors Sec. 13-12-280 Right of entry Sec. 13-12-290 Obtaining information; confidentiality Sec. 13-12-300 Inspections; injury liability Division 7 Penalties Sec. 13-12-310 Administrative enforcement remedies Sec. 13-12-320 Judicial enforcement remedies Sec. 13-12-330 Liability Division 8 Arbitration of Differences Sec. 13-12-340 City Manager to arbitrate Sec. 13-12-350 Hearing before City Council Article 13-16 Sewer Rates Sec. 13-16-10 Purpose Sec. 13-16-20 Wastewater Facilities Replacement Fund Sec. 13-16-25 Wastewater plant investment fees and connection charges; schedule ---PAGE BREAK--- 13-3 Sec. 13-16-30 Determination of total annual costs and maintenance Sec. 13-16-40 Determination of individual wastewater contribution percentage Sec. 13-16-50 Surcharge Sec. 13-16-55 Pretreatment charges and fees Sec. 13-16-60 Billing for wastewater service charge; discontinuance of service Sec. 13-16-70 Wastewater service charges; rates; notification Sec. 13-16-80 Review of wastewater service charge Sec. 13-16-90 Payment of charges; lien Article 13-20 Storm Drainage Management Utility Sec. 13-20-10 Authority and applicability Sec. 13-20-20 Purpose and intent Sec. 13-20-30 Definitions Sec. 13-20-40 Storm Drainage Management Utility Sec. 13-20-50 Use of storm drainage impact fee Sec. 13-20-60 Storm drainage impact fee schedule Sec. 13-20-65 Payment and use of storm drainage impact fees Sec. 13-20-70 Certain properties exempt from fee Sec. 13-20-80 Review of storm drainage impact fee Sec. 13-20-81 Storm drainage maintenance fee; rates ---PAGE BREAK--- 13-4 ARTICLE 13-4 Water Regulations and Rates Sec. 13-4-05. Definitions. Unless the context specifically indicates otherwise, the meaning of the terms used in this Article shall be as follows: Base rate category means the beginning rate established for a nonresidential customer based upon their previous winter water usage. Budget billing means spreading the average water billing for a homeowner over a twelve-month period – from March through February – in twelve (12) equal payments. An application is required. Carriage unit means living space directly above the garage of a single-family detached structure. Commercial means any structure used for business purposes. Door-hanger means written notification by the City posted on the front door of a residence or business within the City. Industrial means any structure used for manufacturing purposes. Mains means the main pipes and connections forming a part of the City waterworks. fixed charge means a flat fee charged on the water bill to cover a portion of the fixed overhead costs of operating and maintaining City waterworks. A portion of the fee may also be used to pay for debt retirement. Mixed-use means any structure which includes a combination of two or more uses , such as residential, commercial or industrial. Multi-family means any structure built for occupancy by more than one family, used solely for residential purposes. Service line means a line that runs from the City's water main to a penetration of a wall, floor or valve on a residence or business. Single-family attached means any structure built for occupancy by more than one family, used solely for residential purposes, where the units are side by side and share a common wall. Single-family detached means any free-standing structure built for occupancy by one family, used solely for residential purposes. Tap means the point of connection of a service line to the City's potable water distribution system. ---PAGE BREAK--- 13-5 Water meter pit means a plastic, fiberglass or other structure planted in the ground to surround and protect a three-fourths-inch or one-inch water meter. Water meter vault means a concrete box planted in the ground to surround and protect a water meter one and one­half (1½) inches or larger in size. Water plant investment fee means a fee charged on a per-connection basis which is utilized to reimburse the City for its costs in providing water and water system improvements for the property for which the fee is assessed. The water plant investment fee is comprised of a water system improvements fee and a water resource fee. Water resource fee means that portion of the water plant investment fee which is utilized to recover the actual costs to the City of acquiring sufficient and satisfactory water rights to serve the property for which the fee is assessed, together with the fees and costs incurred by the City in association with obtaining any necessary administrative or judicial approval required in order to utilize such water rights in the City's water system, including engineering fees, attorney fees and court costs. At the sole discretion of the City, the water resource fee may be satisfied by conveyance to the City of sufficient specifically designated acceptable water shares which meet the standards and criteria established by the City, or the payment of cash in lieu thereof. Said determination shall occur either at the time of annexation or subdivision of real property, as the City deems appropriate, and shall be specifically addressed in the applicable annexation or development agreement for the subject real property. When the entity paying the fee provides acceptable water shares, the water plant investment fee is considered a "with water rights" fee; when the entity paying the fee provides cash in lieu of water shares, the water plant investment fee is considered a "without water rights" fee. Water resource report means a report which details where the raw water will come from in sufficient quantities to provide the required water demands for a new development which requires a water connection larger than two inches. Water system improvement fee means that portion of the water plant investment fee which is utilized to reimburse the City for its costs in providing improvements to the City's water system, which improvements include, but are not limited to, well-field development, raw water transmission lines, water treatment, water storage, water pressure and/or treated water transmission lines. Water tap fee means the fee charged for the right to physically connect to a City water distribution line. Water user means any person receiving water from the City's waterworks system. Water works system means any structure or apparatus for the purpose of conveying water. (Ord. 1964 §14, 2008) ---PAGE BREAK--- 13-6 Sec. 13-4-10. Supply; application required. Any person desiring a supply of water from the City must make application at the office of the Director of Finance either in person or through a duly authorized licensed plumber. (Prior code §3­601; Ord. 886 §1(part), 1976; Ord. 1589, 1999) Sec. 13-4-20. Connection work; authorization required. Except for those persons authorized by the City, all persons, including licensed plumbers, are prohibited from connecting water service to any property. Every attachment or connection with the City water system shall be made under authority of the Director of Public Works. (Prior code §3­617, 3­623; Ord. 886 §1(part), 1976; Ord. 1542 §1(part), 1998) Sec. 13-4-30. Permit required for supply extension, alteration. No person shall make any extensions or alterations for conducting water on or into any premises until he or she first obtains a written permit from the Public Works Department for each separate job in accordance with standards required by this Code and the law of the State. (Prior code §3­616; Ord. 886 §1(part), 1976) Sec. 13-4-40. Inspection of facilities. The water service facilities required for service of water pursuant to this Article shall be subject to inspection by the director of public works or any other duly authorized officer at any and all reasonable times in accordance with the right of entry provisions of this code and in the event of refusal on the part of any licensee or user of water to permit such inspection, the water service may be thereupon discontinued. (Prior code §3­610; Ord. 886 §1(part), 1976; Ord. 1542 §1(part), 1998) Sec. 13-4-50. Service discontinuance; notice required. Temporary discontinuance. Any property owner desiring to temporarily discontinue City water service must give personal written notice to the Director of Finance at least two business days prior to the date the discontinuance shall commence. Said notice shall state the name of the owner, the address of the property, the date temporary discontinuance shall commence and end, and a telephone contact number. Temporary discontinuance of water service at any location within the City shall not exceed six months. Discontinuance of such water service at any location within the City water operation shall be done pursuant to authority of the Director of Public Works. No water service shall be discontinued unless the property is not occupied and all outstanding water and sewer fees have been paid. During the period of temporary discontinued service, there shall be no water flow to the property for any purpose, nor shall there be any discharge to the sewer. Notwithstanding the temporary discontinuance, the owner shall be responsible for paying the applicable fixed charges that will accrue. Permanent discontinuance. ---PAGE BREAK--- 13-7 Any property owner desiring to permanently discontinue City water service must give personal written notice to the Director of Finance at least two business days prior to the date the discontinuance shall commence. The notice shall state the name of the owner, the address of the property, the date permanent discontinuance shall commence, the reason permanent discontinuance is requested and a telephone contact number. The City may terminate water and/or sewer service and permanently disconnect the water and sewer service tap connection to any structure where the owner evidences in writing an intent to abandon the service connection. Selling the property to another is not sufficient evidence of intent to abandon. The City may terminate water and/or sewer service and permanently disconnect the water and sewer service tap connection to any structure where water and/or sewer service has not been used for a period of five consecutive years, which nonuse shall be evidence of an intent to abandon. Prior to a final determination by the City that a water and/or sewer service connection is abandoned by the owner, the owner shall be provided a hearing before the Director of Public Works, at the owner's request. The Director of Public Works may determine, based upon the evidence presented at such hearing, whether a water and/or sewer service connection should be terminated. The determination of the Director of Public Works shall be final. All fees and applicable fixed charges shall continue to accrue unless and until a final determination of abandonment is made. Unless there is a separate written agreement to the contrary, any application for an enlargement in service, change in use classification or reactivation of discontinued service shall constitute a new connection, and all applicable water rights dedication and associated fees, water and sewer tap fees and any other applicable fees and charges shall be assessed. (Prior code §3­603; Ord. 886 §1(part), 1976; Ord. 1542 §1(part), 1998; Ord. 1660 2000) Sec. 13-4-60. Stopcock required. The owner or lessee of any service pipes connected with the City water system shall hereafter keep or cause to be kept inside the structure on the premises a stopcock for use in connection with such pipes. (Prior code §3­609; Ord. 886 §1(part), 1976; Ord. 1589, 1999) Sec. 13-4-70. Meter bypass prohibited. It is unlawful for any person to make a connection on a water service line between the water meter and the street main or to install a bypass around the water meter without proper authorization from the Director of Public Works. (Prior code §3­619; Ord. 886 §1(part), 1976; Ord. 1542 §1(part), 1998) Sec. 13-4-80. Prohibited acts by plumbers. No plumber shall allow his or her name to be used by any person for the purpose of obtaining permits or doing any other work under a license from the City. No plumber shall use or allow any other person to use a plumber's key or other tool for connecting or disconnecting any water supply from the City water main without proper authorization from the Director of Public Works. It is recognized herein that such authority has been given by the ---PAGE BREAK--- 13-8 Director of Public Works in cases where the water supply must be connected and reconnected in the City water mains for the purpose of repairs in case of leakage or bursting of such mains or pipes. (Prior code §3­620; Ord. 886 §1(part), 1976; Ord. 1542 §1(part), 1998; Ord. 1589, 1999) Sec. 13-4-90. Water plant investment fee schedule. Whenever a person, firm or corporation makes application for a permit to use City water for property located within the City limits, a water plant investment fee shall be charged to the applicant in accordance with a schedule of fees to be set by ordinance duly adopted by the City Council after review of such fee schedule as the City Council from time to time deems necessary. Water tap fees for previously accepted mains: The City will make all taps up to two-inch connections. Taps larger than two inches will be made by the contractor under City supervision. The contractor will supply all materials, except curb stops, needed for all sizes of taps and make the excavation to the City water main. If a meter pit or vault is required, the contractor will install the meter pit or vault according to City specifications. The fees for all City-made taps will be as follows: Tap Size Fee Three-quarter-inch connection $ 66.00 One-inch connection 75.00 One-and-one-half-inch connection 138.00 Two-inch connection 154.00 Water meter pits or vaults are to be provided and installed by the contractor. Water meters are required on all water taps and must be purchase with the building permit. The City installs all three-quarter-inch and one-inch meters. There is no charge for installation. The charge for individual meters purchased from the City shall be as follows: Meter Charge Three-quarter-inch meter $118.00 One-inch meter 140.00 One-and-one-half-inch meter 263.00 Two-inch meter 348.00 Three-inch meter 605.00 Four-inch meter 977.00 Over four-inch connection shall be paid by applicant; the rate shall be determined by the City. The water plant investment fees shall be as follows: Single-family detached; mixed-use; commercial; industrial; and other uses not specifically delineated herein: ---PAGE BREAK--- 13-9 a. Three-quarter-inch meter: With water rights $ 8,400.00 Without water rights 14,000.00 b. One-inch meter: With water rights $14,502.00 Without water rights 23,354.00 c. One-and-one-half-inch meter: With water rights $29,002.00 Without water rights 46,708.00 d. Two-inch meter: With water rights $46,404.00 Without water rights 74,734.00 e. Three-inch meter: With water rights $ 92,808.00 Without water rights 149,468.00 f. Four-inch meter: With water rights $159,514.00 Without water rights 256,898.00 Multi-family dwellings, including apartment buildings or condominiums; single-family attached (such as duplexes or townhouses); and single-family detached with carriage unit. a. With water rights: First living unit $8,700.00 Each additional unit within building* 3,862.00 b. Without water rights: ---PAGE BREAK--- 13-10 First living unit $14,000.00 Each additional unit within building* 6, 215.00 Mobile home parks – per user unit. With water rights $ 8,700.00 Without water rights 14,000.00 A water resource fee of seventeen thousand dollars ($17,000.00) per acre-foot is required for public land donations when the development is paying the water plant investment fees under the "without water rights" schedule. The requirement will be calculated according to the then-applicable "water dedication worksheets" prepared by the Department of Public Works. The developer will make all taps in new construction and shall pay a twenty-five-dollar inspection fee for each tap. If the inspection reveals deficiencies in the installation of a new water meter by the water user or a plumber, the inspector shall provide to the water user a written notice of those deficiencies. If the Water Department has to return to a site for an installation inspection more than two times after the written notice of deficiencies, the water user shall pay fifty dollars ($50.00) for each additional inspection until the deficiencies are cured. For any connection greater than two inches and for all industrial users, the owner shall provide to the City an acceptable water resource report authored by a registered professional engineer experienced in water resources in addition to payment of the water plant investment fee. Water tap fees, previously accepted mains: The City will make all taps up to two-inch connections. Taps larger than two inches will be made by the contractor under City supervision. The contractor will supply all materials, except curb stops, needed for all sizes of taps and make the excavation to the City water main. If a meter pit or vault is required, the contractor will install the meter pit or vault according to City specifications. The fees for all City-made taps will be as follows: Tap Size Fee Three-quarter-inch connection $ 66.00 One-inch connection 75.00 One-and-one-half-inch connection 138.00 Two-inch connection 154.00 Water meter pits or vaults are to be provided and installed by the contractor. Water meters are required on all water taps and must be purchased with the building permit. The City installs all three-quarter-inch and one-inch meters. There is no charge for installation. The charge for individual meters purchased from the City shall be as follows: ---PAGE BREAK--- 13-11 Meter Size Charge Three-quarter-inch meter $118.00 One-inch meter 140.00 One-and-one-half-inch meter 263.00 Two-inch meter 348.00 Three-inch meter 605.00 Four-inch meter 977.00 Over four-inch connection shall be paid by application; the rate shall be determined by the City. No connection to the City waterworks system shall be made unless all charges and assessments therefor are paid in full in advance of the connection. (Ord. 1964 §14, 2008) Sec. 13-4-95. Dual system fees. Nonpotable water systems which have been approved by the City for the provision of nonpotable water for irrigation within the corporate limits of the City shall be eligible for a reduction in the water plant investment fees. The amount of said reduction shall be determined according to an analysis conducted by the Department of Public Works which takes into consideration the land use for which the nonpotable system will be implemented, the area to be irrigated by the nonpotable system, the source of water for the nonpotable system, the capacity and capability of the nonpotable system, the extent to which the nonpotable system is independently and privately owned and operated, the operational and maintenance requirements for the nonpotable system and such other factors and considerations as the Department of Public Works deems appropriate and necessary for its analysis. (Ord. 1902 2006) Sec. 13-4-100. Disconnection and reconnection fees. There shall be assessed a fee for the City disconnecting water service and reconnecting water service if such action becomes necessary as a result of nonpayment of a water bill or repair or maintenance of the service line from the stop box on private property, provided that such fee shall be increased if such action is taken by the City during hours other than 8:00 a.m. to 5:00 p.m., any day of the week. The disconnection and reconnection fees and any increase thereof shall be in accordance with a schedule of fees, rates and charges as adopted by the Annual Fee Resolution, ordinance or otherwise, as the same may be amended from time to time. (Ord. 1907 2007) Sec. 13-4-110. Payment of charges; lien. The owner of property served with City water shall be responsible for all water fees and charges, including plant investment fees, water resource fees, usage fees and charges, rates and other fees imposed by the terms and provisions of this Article and/or the Annual Fee Resolution. All plant investment fees, water resource fees, usage fees and charges, rates and other duly imposed fees due as a result of the terms and provisions of this Article and/or the Annual Fee Resolution, interest and penalties as may be agreed upon or otherwise imposed, and costs of collection and attorneys' fees incurred in relation thereto (hereinafter "all amounts due as a result of application of the terms and provisions of this Article") shall, from the date of mailing of notice as provided in Subsection hereof, ---PAGE BREAK--- 13-12 constitute a perpetual lien on the property to which the same apply. The lien for all amounts due as a result of application of the terms and provisions of this Article shall have priority over all other liens except general taxes, special assessments, encumbrances, rights and interests filed of record in the office of the appropriate clerk and recorder prior to the date of the mailing of the notice of lien. The City shall issue a notice to the owner and/or obligor by certified mail as to all amounts due as a result of application of the terms and provisions of this Article that are delinquent. The notice shall include the name of the owner and/or obligor, the amounts due, the date of the accrual thereof and that the City claims a first and prior lien therefor on the property of the owner and/or obligor, except as to preexisting general taxes, special assessments, encumbrances, rights and interests filed of record in the office of the appropriate clerk and recorder prior to the date of mailing of the notice of lien. The attachment of such lien is not dependent on the recording of the written notice. The lien remains attached to the property from the date the notice as required herein is mailed until the amounts due are paid. In no event shall failure of the owner and/or obligor to receive notice of the amounts due as a result of application of the terms and provisions of this Article void the lien provided for in this Section. Whenever the owner, obligor, business or property thereof subject to this Article is placed in receivership, bankruptcy or assignment for the benefit of creditors, all amounts due as a result of application of the terms and provisions of this Article shall be a prior and preferred lien against all the property of the owner and/or obligor, except as to preexisting general taxes, special assessments, encumbrances, rights and interests filed of record in the office of the appropriate clerk and recorder prior to the date of mailing notice of the lien. No sheriff, receiver, assignee or other officer shall sell the property of any person subject to this Article under process or order of any court without first ascertaining from the Finance Director the amount of any amounts due and payable under this Article, and if there are any such amounts due, owing or unpaid, it shall be the duty of such officer to first pay the amount out of the proceeds of such sale before making payment of any monies to judgment creditors or other claims of whatever nature, except that the costs of the proceedings and other preexisting claims or liens as above provided are paid. The City is not required to seek payment of any amounts due as a result of application of the terms and provisions of this Article from any person other than the owner and/or obligor. No change of ownership, occupation or possession affects the application of this Section, and the failure of any owner to discover that he or she purchased property against which a lien for amounts due as a result of application of the terms and provisions of this Article exist in no way affects such owner's liability for payment in full. Such lien may be foreclosed upon by the City at any time in the same manner as provided by the laws of the State for the foreclosure of mechanics' liens. Such lien foreclosure is subject to all rights of redemption granted by Article 39 of Title 38, C.R.S. The lien may also be enforced by certification to the appropriate county treasurer for collection by the county in the same manner as delinquent general taxes and special assessments upon such property are collected or by any other means provided by law. All amounts due as a result of application of the terms and provisions of this Article may also be collected by civil suit against the owner of the property at any time after the mailing of the notice of lien. The remedies provided under this Section are cumulative and supplemental to each other. (Ord. 1020 1980; Ord. 1893 2006) ---PAGE BREAK--- 13-13 Sec. 13-4-120. Delinquent payments; discontinuance of service. The City shall bill all users in accordance with the water service charges as provided in this Article. The billing shall be prepared and forwarded on a basis. Should any user refuse or neglect to pay any bill on or before twenty (20) days following the date of such billing, the user shall be considered delinquent, and service to the user shall be discontinued. It shall be the duty of the Director of Finance to notify the Director of Public Works of those persons who are delinquent, and it shall then be the duty of the Director of Public Works to discontinue the supply of water for such delinquent user. An administrative fee will be charged to establish a new utility billing account. If the bill is not paid within thirty (30) calendar days after mailing, written notice will be sent to the user giving an additional eight calendar days to pay before service is discontinued. If payment or arrangement for payment is not received within eight days after the notice of discontinuance of service is mailed, a door hanger will be posted on the user's door, giving an additional forty-eight (48) hours to pay or make arrangements to pay. A charge will be assessed to those persons notified by a door hanger. Once service has been discontinued for nonpayment, a fee will be charged and paid with the total bill before service is reconnected. These fees will be paid only in cash or by money order or credit card. The fees and charges assessed in this Section shall be in accordance with a schedule of fees, rates and charges as adopted by the a n nual fee resolution, ordinance or otherwise. (Prior code §3­602; Ord. 886 §1(part), 1976; Ord. 925 1977; Ord. 1542 5(part), 1998; Ord. 1660 2000; Ord. 1907 2007) Sec. 13-4-130. Charges; water service; schedule. All water rate charges for use of water in the City shall be assessed pursuant to a schedule of fees to be set by ordinance duly adopted by the City Council after review of such fee schedule as the City Council from time to time deems necessary. The following shall be the schedule of water service rates for the use of water in the City on a metered rate basis. Residential fixed charge. Effective with all utility bills dated after January 1, 2012, a fixed charge of nine dollars and eighty-six cents ($9.86) shall be billed to all water accounts whether there is water usage or not. Residential and residential irrigation volume-based water rates charge per one thousand (1,000) gallons of usage. Effective with all utility bills dated after January 1, 2012, the following volume-based charge will be added to the fixed charge as stated in Paragraph above. The volume-based water rates shall be as follows: a. The volume-based water rates shall be as follows for all water usage from zero gallons up to and including twenty-five thousand (25,000) gallons: ---PAGE BREAK--- 13-14 Residential $4.09 Irrigation – residential only 4.09 b. The volume-based water rates shall be as follows for all water u s age from twenty- six thousand (26,000) gallons up to and including thirty thousand (30,000) gallons: Residential $4.49 Irrigation – residential only 4.49 c. The volume-based water rates shall be as follows for all water u s age from thirty- one thousand (31,000) gallons up to and including thirty-five thousand (35,000) gallons: Residential $4.69 Irrigation – residential only 4.69 d. The volume-based water rates shall be as follows for all water usage from thirty-six thousand (36,000) gallons up to and including forty thousand (40,000) gallons: Residential $5.11 Irrigation – residential only 5.11 e. The volume-based water rates shall be as follows for all water u s age over forty thousand (40,000) gallons: Residential $5.51 Irrigation – residential only 5.51 Residential senior citizen and permanently disabled discount. Any resident of the City over the age of sixty (60) years or any permanently disabled resident of the City may apply for a discount on his or her water bill. To be eligible, the applicant must certify on forms provided by the City that the water account is for his or her principal residence and he or she is either over sixty (60) years of age or permanently disabled. Any applicant who provides false or misleading information on the forms is subject to a one-hundred-dollar penalty that shall be assessed against his or her utility account. Effective with all utility bills dated after January 1, 2012, the fixed charge for water shall be nine dollars and eighty-six cents Effective with all utility bills dated after January 1, 2012 a volume-based mont h ly rate of one dollar and forty-seven cents ($1.47) per one thousand (1,000) gallons of usage for the first five thousand (5,000) gallons of u s age, then four dollars and nine cents ($4.09) per one thousand (1,000) gallons of usage up to and including twenty-five tho u sand (25,000) gallons, then four dollars and forty-nine cents ($4.49) per one thousand (1,000) gallons of usage for twenty-six thousand (26,000) gallons up to and including thirty thousand (30,000) gallons, then four dollars and sixty-nine cents ($4.69) per one thousand (1,000) gallons of usage for thirty-one thousand (31,000) gallons up to and including thirty-five thousand (35,000) gallons, then five dollars and eleven ---PAGE BREAK--- 13-15 cents ($5.11) per one thousand (1,000) gallons of usage for thirty-six thousand (36,000) gallons up to and including forty thousand (40,000) gallons, then five dollars and fifty-one cents ($5.51) per 1,000 gallons of usage for all usage over forty thousand (40,000) gallons will be charged. Budget billing. Any homeowner in the City who has timely paid his or her water bill for the prior twelve (12) months may be eligible for budget billing, as defined herein. Homeowners may apply for budget billing on forms provided by the City. New homeowners may apply for budget billing based upon previous annual average consumption at that address. Each year, in March, the next year's budget billing amount shall be computed; any underpayment shall be billed to the homeowner; any over-payment shall be credited to the homeowner. Commercial, municipal potable, irrigation, nonpotable irrigation, industrial, mixed use, private fire, bulk and schools fixed charge by meter size. Effective January 1, 2012, the following fixed charge shall be billed to all water accounts whether there is water usage or not: Meter Size Charge Three-quarter-inch meter $ 9.86 One-inch meter 16.37 One-and-one-half-inch meter 52.55 Two-inch meter 65.77 Three-inch meter 246.50 Four-inch meter 410.77 Six-inch meter 821.63 Commercial, industrial, mixed use, municipal potable, private fire, bulk and nonpotable irrigation volume-based water rates charge per one thousand (1,000) gallons of usage. Effective January 1, 2012, the following volume-based charge will be added to the fixed charge as stated in Paragraph above. a. The volume-based water rates shall be as follows for all base rate categories: Commercial, industrial, mixed use $4.21 Municipal potable 4.75 Private fire (there is no charge for water for fire protection purposes) 0.00 Bulk 4.75 Nonpotable irrigation 2.54 b. The volume-based water rates shall be as follows for all water u s age from one hundred one percent (101%) up to and including one hundred ten pe r cent (110%) above the base rate category: ---PAGE BREAK--- 13-16 Commercial, industrial, mixed use $4.63 Municipal potable 5.22 Private fire (there is no charge for water for fire protection purposes) 0.00 Bulk 5.22 Nonpotable irrigation 2.79 c. The volume-based water rates shall be as follows for all water u s age from one hundred eleven percent (111%) up to and including one hundred fifteen percent (115%) above the base rate category: Commercial, industrial, mixed use $4.85 Municipal potable 5.46 Private fire (there is no charge for water for fire protection purposes) 0.00 Bulk 5.46 Nonpotable irrigation 2.92 d. The volume-based water rates shall be as follows for all water usage from one hundred sixteen percent (116%) up to and including one hundred twenty-five percent (125%) above the base rate category: Commercial, industrial, mixed use $5.26 Municipal potable 5.94 Private fire (there is no charge for water for fire protection purposes) 0.00 Bulk 5.94 Nonpotable irrigation 3.18 e. The volume-based water rates shall be as follows for all water u s age from one hundred twenty-six percent (126%) and above the base rate category: Commercial, industrial, mixed use $5.68 Municipal potable 6.42 Private fire (there is no charge for water for fire protection purposes) 0.00 Bulk 6.42 Nonpotable irrigation 3.42 ---PAGE BREAK--- 13-17 f. Schools and HOAs, commercial, industrial or mixed use irrigation accounts with a separate tap volume-based water rates charge per one thousand (1,000) gallons of usage: the volume-based charge will be added to the fixed charge as stated in Paragraph above. Schools $4.21 HOAs, commercial, industrial, mixed use irrigation – separate tap – 0 to 500,000 gallons 5.44 HOAs, commercial, industrial, mixed use irrigation – separate tap – 500,000 gallons and above 5.99 (Ord. 1964 §14, 2008; Ord. 2102 2011; Ord. 2124 2011) Sec. 13-4-140. Service outside the City. Any existing water service outside the City limits is hereby approved. water rates for existing service shall be double the rate for service within the City. No new service outside the City limits will be provided. (Ord. 1044 §1(part), 1980; Ord. 1542 §5(part), 1998) Sec. 13-4-150. Charges during building construction. Water and sewer billing begins when the w a ter meter is installed. A water meter must be installed prior to the installation of outside see d ing, sodding or other live landscaping. An amount for water used during the construction period will be charged at the time a building permit is issued and will be determined in a c cordance with a schedule of fees, rates and charges as adopted by the annual fee resolution, ordinance or otherwise. (Ord. 1907 2007) Sec. 13-4-160. User to report changes affecting rate. It is the duty of users of water pursuant to this Article, in the event of any change of the structure or apparatus or appliance which affects the water rate, to immediately notify the director of finance. The refusal or failure of any water user to so notify the director of finance shall constitute a basis for discontinuance of water service until the proper water rate is determined and paid to the City. (Prior code §3­614; Ord. 886 §1(part), 1976) Sec. 13-4-170. Unauthorized use of fire hydrants prohibited. No water shall be used from fire hydrants of the City except by a duly organized firefighting authority acting within the scope of its authority; provided, however, that the Director of Public Works may permit the use of fire hydrants when necessary for testing the condition of the waterworks, purifying the water, repairing such waterworks, flushing of materials from the streets and sidewalks and at such other times as the Director of Public Works deems such use as being in the best interests of the City. A deposit shall be required for use of a fire hydrant water meter. The deposit will be refunded upon return of the meter and after deduction for any damages. The fee for water usage from said hydrant ---PAGE BREAK--- 13-18 meter will be billed separately at the bulk water rate as set forth in a schedule of fees, rates and charges as adopted by the Annual Fee Resolution, ordinance or otherwise, as the same may be amended from time to time. (Prior code §3­612; Ord. 886 §1(part), 1976; Ord. 1542 6, 1998; Ord. 1660 2000; Ord. 1907 2007) Sec. 13-4-180. Irrigation requirements and restrictions; outdoor water use; violations and penalties. Definitions. Irrigation means to irrigate, sprinkle, apply or otherwise deliver water from the City ' s water utility system to any lawn or other area of land with the City, whether or not such area is covered by vegetation. Outdoor water use includes irrigation and, by way of illustration but not limitation, includes the operation of a fountain or other ornamental landscape feature that uses water as part of its design or operation; the washing or sprinkling of houses, buildings, structures, paved or unpaved areas of land, motor vehicles, RVs, boats and the like; the filling of outdoor swimming pools; and irrigation involving potted plants, containers or above-ground planter boxes. Water management plan means the City ' s official Water Management Plan, as adopted in 1997 and as the same is amended from time to time by the City Council. The terms and provisions of the Water Management Plan are incorporated herein by reference and restated as if set forth in full. Water management. During periods of drought and otherwise as the City Council may determine in its reasonable discretion, irrigation and outdoor water use shall be restricted and shall be performed in the City, if at all, only during the times and under the conditions prescribed by the City Council in its Water Management Resolution; and then only by and through a hose that is free of leaks and equipped with a properly functioning shut-off valve, nozzle or sprinkler head; or by a properly installed and functioning lawn irrigation or sprinkler system that is free of leaks. It is unlawful to use water from the City ' s water utility system for irrigation or other outdoor water use purposes without a properly functioning hose equipped as provided herein and/or a properly functioning sprinkler system. Properly functioning watering cans or other watertight vessels are permitted subject to the prescribed watering times and conditions set forth in the Water Management Resolution. Such Resolution may provide for the restriction of water use for irrigation and outdoor water use purposes to certain locations, addresses, dates and times, and my provide a schedule for allowable or prohibited water use. Waste of water prohibited. Waste of water is prohibited. Waste of water shall be defined as is set forth in Section 13-4-190 below, and as the intentional or unintentional use of water from the City ' s water utility system for a nonbeneficial use, including, by way of illustration but not limitation, irrigation or outdoor water use resulting in pooling, excessive saturation, runoff or the flowing of water into drainage or storm drainage facilities; failure to repair any hose or irrigation system that is leaking; or the application of water intended for irrigation purposes to an impervious surface such as a driveway, sidewalk or street. Violations and penalties. A written finding and determination by a duly authorized representative of the City regarding improper irrigation or outdoor water use under this Section, or unlawful irrigation or other outdoor water use occurring during hours or dates or at locations or addresses, or under conditions ---PAGE BREAK--- 13-19 not authorized in the City ' s Water Management Resolution, shall constitute prima facie evidence that a violations of this Section has occurred, and shall subject the persons occupying the premises where such violation occurred to the following penalties, including but not limited to the surcharge provisions of Section 13-4-130 of this Article, in the event of a finding that excess water use has occurred under that Section: First offense: Verbal notification of noncompliance. Second offense: Written notification of noncompliance. Third offense: A fine of twenty-two dollars and fifty cents ($22.50) for noncompliance. Fourth offense: A written citation and mandatory court appearance, together with a minimum fine of fifty dollars ($50.00) for noncompliance. A surcharge, if applicable, pursuant to Section 13-4-130 of this Article. Miscellaneous provisions; applicability; education and outreach. The provisions of this Section shall apply to all real property within the City, whether publicly or privately owned, and all land outside the City that is served by the City ' s water utility system; provided, however, that the provisions of this Section shall not apply to the periodic and necessary testing of fire hydrants or fire sprinkler systems. In order to further implement the provisions of this Section, the City Council may adopt or establish, from time to time, other reasonable and necessary procedures, guidelines, programs and/or other provisions regarding the conservation of water resources within the City. In doing so, the City Council may provide for the implementation of community outreach efforts and/or educational programs respecting the same. (Ord. 1744 2002) Sec. 13-4-190. Wasting water; unauthorized connections. It is unlawful for any person to allow water to run from any hydrant, tap or other water fixture when not in necessary use or to allow water to run from any water fixture in order to prevent freezing. The provisions of this Section shall be deemed to include a prohibition against permitting or allowing water to run unnecessarily from any water fixture, hose, hydrant, faucet, appliance or apparatus in any manner through neglect or by reason of faulty plumbing fixtures. (Prior code §3­606; Ord. 886 §1(part), 1976) Sec. 13-4-200. Unmetered service use; liability. All consumers authorized as users of City water but not supplied by a meter are prohibited from furnishing or allowing any person to take water from a faucet, hydrant or other water connection for use at another location unless such party has a special permit from the Director of Utilities. The owner or occupant of such premises shall be liable for the payment of such water furnished or taken; and until payment therefor is received by the City, the water service shall be discontinued as provided in Section 13 -4-50. It is unlawful for any person without proper authority from the City to use water from any part of the City water system, open any fire plug, stopcock, valve or other fixture pertaining to the City water works or connect water from such mains or pipes or disconnect water from such mains or pipes. In this regard, the disconnecting and reconnecting of a water supply from the City water mains shall in all cases ---PAGE BREAK--- 13-20 be done under the direction of the Director of Utilities or by some person expressly authorized by him or her. (Prior code §3­605; Ord. 886 §1(part), 1976) Sec. 13-4-210. Damaging or impairing water system. It is unlawful for any person to injure, deface, impair, damage or interfere with any part of the waterworks system, except pursuant to lawful authority, including tampering with the water meter. If the Water Department finds that the meter head has been removed causing the water meter not to record usage, the water account will be charged an amount for each such occurrence in accordance with a schedule of fees, rates and charges as adopted by the Annual Fee Resolution, ordinance or otherwise, as the same may be amended from time to time. (Ord. 1907 2007) Sec. 13-4-220. Service line repair and replacement; costs. Whenever a break or leak occurs in a water service line, the owner or other person in charge of the property receiving water service where the break or leak occurs shall have the same repaired or replaced immediately. A water service line is defined as a line that runs from the City ' s water main to a penetration of a wall, floor or valve on a residence or business. If the water meter is located outside the structure, the owner is responsible for repair of the line from the structure to the water meter or curb stop. If the water meter is in the dwelling, then the owner is responsible for repair of the line from the meter to the curb stop. After notice by the City, if the water service line is repaired within two weeks, the water charge for that month will be prorated based upon the historical usage for that property. If the line is not repaired within two weeks, the owner will be assessed the full charge for the water used. The fees provided for in this Section, until paid, shall constitute a lien against the property as are general property taxes. Furthermore, any failure to pay said fees shall constitute a basis for discontinuance of water service until payment in full is received by the City. (Prior code §3­607; Ord. 905 1976; Ord. 1542 1998; Ord. 1589, 1999) Sec. 13-4-225. Procedure for replacing meter. Any customer may request that a water meter be replaced at no charge. If the customer requests replacement of the water meter more often than once in a six-month period, the customer ' s account shall be assessed in accordance with the schedule of fees, rates and charges as adopted by the Annual Fee Resolution, ordinance or otherwise, as the same may be amended from time to time. (Ord. 1907 2007) Sec. 13-4-230. Stop box and stopcock maintenance. The stop box and stopcock or shutoff at the private property line shall be kept free from dirt and other obstacles that would interfere with the disconnecting of water service. ---PAGE BREAK--- 13-21 The City shall charge a fee based upon actual costs of time and materials in the event the City is required to perform maintenance on any water system as a result of any failure by a water user to comply with the provisions of this Section. (Prior code §3­618; Ord. 886 §1(part), 1976) Sec. 13-4-240. Service discontinuance. The Director of Utilities reserves the right to cause the use of water to be discontinued from the street mains when deemed necessary for repairing the mains or City waterworks, making connections or extensions to the same or for the purpose of cleaning the same. (Prior code §3­613; Ord. 886 §1(part), 1976) ARTICLE 13-6 Appropriation of Nontributary Groundwater Sec. 13-6-10. Obligation of City to supply water; exception. The obligation of the City to provide public water service to the inhabitants and landowners within the City is hereby confirmed, subject, however, to the right of the City Council to limit or restrict such water supply as deemed necessary in the sole discretion of the City Council when there is a shortage or a limitation upon the availability of such water supply to the City, and subject further to agreement between the City and any inhabitant or landowner in the City to restrict, defer, limit, reduce or eliminate the need for any such public water supply to any such inhabitant or landowner in the City. (Ord. 1194 §1(part), 1985; Ord. 1589, 1999) Sec. 13-6-20. Appropriation of nontributary groundwater. Pursuant to Section 37-90-103(8), C.R.S., the City hereby incorporates all groundwater into its municipal service plan from the following aquifers that underlie and/or contribute water to all or any portion of the land encompassed within the boundaries of the City, as they existed on January 1, 1985: Dawson, Denver, Arapahoe, Laramie-Fox Hills and Dakota Aquifers, with the exception of the following described property: That part of the Northeast one-quarter of Section 12, Township 1 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: Beginning at the east one- quarter corner of said Section 12; thence N89°55 ' 30 " W on an assumed bearing along the south line of said northeast one-quarter Section 12 a distance of 1021.0 feet; thence N00°00 ' 30 " E a distance of 475.00 feet to the true point of beginning; thence S89°39 ' 30 " a distance of 374.0 feet; thence N00°44 ' 30 " W a distance of 845.0 feet to a point on the north line of the south one-half said northeast one-quarter; thence N86°56 ' 30 " E along said north line a distance of 386.12 feet; thence S34°02 ' 00 " E a distance of 50.26 feet; thence S03°11 ' 00 " E a distance of 112.86 feet; thence S14°15 ' 56 " W a distance of 81.50 feet; thence S02°34 ' 30 " W a distance of 344.18 feet; thence S00°00 ' 30 " W a distance of 265.94 feet to the true point of beginning. Contains 7.559 acres more or less. (Ord. 1194 §1(part), 1985) Sec. 13-6-30. Consent to groundwater appropriation. Upon the effective date of the ordinance codified in this Article, the owners of all land which overlies such groundwater hereby appropriated shall be deemed to have consented to the withdrawal by the City of all such groundwater unless such consent shall be deemed to have been withheld as otherwise provided by ---PAGE BREAK--- 13-22 law as set forth in Section 37-90-103(8), C.R.S. Consent for the following described property is deemed withheld: That part of the northeast one-quarter of Section 12, Township 1 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: Beginning at the east one-quarter corner of said Section 12; thence N89°55 ' 30 " W on an assumed bearing along the South line of said North east one-quarter Section 12 a distance of 1021.0 feet; thence N00° ' 00 ' 30 " E a distance of 475.00 feet to the true point of beginning; thence S89°39 ' 30 " W a distance of 374.0 feet; thence N00°44 ' 30 " distance of 845.00 feet to a point on the north line of the south one-half said northeast one-quarter; thence N89°56 ' 30 " E along said north line a distance of 386.12 feet; thence S34°02 ' 00 " E a distance of 50.26 feet; thence S03°11 ' 00 " E a distance of 112.86 feet; thence S14°15 ' 56 " W a distance of 81.50 feet; thence S02°34 ' 30 " W a distance of 344.18 feet; thence S00° ' 00 ' 30 " W a distance of 265.94 feet to the true point of beginning. Contains 7.559 acres more or less. (Ord. 1194 §1(part), 1985) Sec. 13-6-40. Filing of land area map. Upon the effective date of the ordinance codified in this Article, the City Manager is directed to file with the State Engineer a detailed map of the land area as to which consent to such groundwater appropriation is deemed to have been given. (Ord. 1194 §1(part), 1985) ARTICLE 13-8 Water and Sewer Main Extensions and Installations Sec. 13-8-10. Requirements generally; Council approval. The extension and installation of all water and sewer mains shall be pursuant to specific approval of the City Council. All such extensions shall be installed by the landowner or developer at his or her own expense with no contribution by the City unless otherwise specifically agreed to by contract between the City and the landowner or developer. (Prior code §3­801; Ord. 882 1976) Sec. 13-8-20. Contract, application and deposit; installation and maintenance. The City shall contract for the installation and construction of all water and sewer mains and lines located on City property unless otherwise agreed. The landowner or developer shall deposit with the City an amount equal to the estimated cost of the main extensions applied for, which deposit shall include all usual and related costs of installation and construction including right-of-way. All engineering services shall be provided at the cost of the landowner or developer. Thereafter, the City shall advertise for bids and let a contract for the proposed construction to the lowest bidder in accordance with state statutes, and in accordance with the specifications of the City. Once the contract price is determined by a competitive bid, any excess amount deposited shall be returned upon completion and acceptance of the main by the City, and if the deposit is deficient then the landowner or developer shall deposit additional funds sufficient to pay the contract prior to letting of the contract. The landowner or developer shall install mains to the farthest point or points of his or her tract or developments, and in all cases to the property lines. Upon the completion of the installation and upon acceptance by the City, any such main extension shall become the unqualified and sole property of the City and the City shall be responsible for the maintenance and repair of such mains from the date of ---PAGE BREAK--- 13-23 acceptance. (Prior code §3­802) Sec. 13-8-30. Landowner or developer reimbursed; utility main extension agreement. When a landowner or developer finds it necessary to bring utility services from the existing systems through vacant property or property owned by persons unwilling to cooperate and participate in the cost of extension, or where it is necessary to construct lines on the perimeter of an area or subdivision, the landowner or developer desiring the extension shall pay the entire cost of the original construction. At the time the property abutting such mains is developed and connections are made to such mains, the City may collect, in addition to the City's existing tap fee, an extension tap fee based on a charge per front foot based on the original construction cost and if so collected shall reimburse the original landowner or developer who constructed the main at his or her cost to the extent of the collection so made. In no event shall the actual amount so paid to the landowner or developer by adjoining landowners through collection by the City exceed the original cost of the extension. The landowner or developer's right to reimburse hereunder shall in no event exceed a period of ten (10) years from the date of final completion of the mains and all payments shall cease at that time, regardless of the amount that has been received by the landowner or developer at that time. A utility main extension agreement shall be entered into between the landowner or developer and the City, providing for such reimbursement payment and construction of all main extensions. (Prior code §3­803(part)) Sec. 13-8-40. Extension tap fees; computation and payment. Extension tap fees on such mains, as provided in Section 13-8-30 in this Article, shall be computed on the basis of the ratio of frontage of such constructed mains to the entire frontage served by such mains on a per-foot-of-frontage-cost basis. In computing the cost of an extension tap fee hereunder, all property fronting on the street or right-of-way wherein such main is installed shall be considered in arriving at the cost of any particular tap. Upon completion of any such mains, the City shall file a certified statement of all costs of construction of such mains. Such cost figures as are determined proper by the City shall be used in computing the tap fees. No connection shall be permitted unless the proper extension tap fee and City tap fee have been paid. (Prior code §3­803(part)) Sec. 13-8-50. Size of mains determined by City. The size of any water and sewer main required to serve any part of the City shall be determined by the City based upon engineering analysis by the City in accordance with all proposed developments. No water main less than six inches in diameter shall be installed and no sewer main less than eight inches shall be installed. (Prior code §3­804) Sec. 13-8-60. Separate service lines required. Each property, separate dwelling unit or separate structure shall be served by its own service line and no connection shall be made to City utilities by extending the service line from one property, dwelling unit or structure to another property dwelling unit or structure except as permitted herein. ---PAGE BREAK--- 13-24 Where multiple dwelling units or structures are restricted such that they shall be sold together and shall not be owned separately, a common service line for those units or structures shall be permitted upon written proof, and approval as to form, of said restriction. Where multi-family and mixed-use buildings have established an owner's association for the purpose of assignment of joint facilities, a common service line for those units shall be permitted upon written proof, and approval as to form, of said association establishment. All service lines shall be individually connected to the main. (Ord. 1964, §14, 2008) Sec. 13-8-70. Oversized mains. The City may participate in the cost of the installation of mains that are deemed oversized at the request of the City, depending upon all attendant circumstances and provided that any such participation must be approved by the City Council. (Prior code §3­806) Sec. 13-8-80. Installation of water meter pit and yoke. The City shall install a water meter pit and yoke whenever a water service line in the City is replaced or repaired on premises where a water meter pit and yoke have not heretofore been installed. The cost of such installation shall be billed to the owner of the premises where such work is performed in an amount equal to cost to the City for materials used in such work and excluding the cost of any labor incurred therein. (Ord. 984 1978) ARTICLE 13-12 Sewer Use Regulations Division 1 Definitions Sec. 13-12-10. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows: Best Management Practices (or BMPs ) means the customary and accepted practices and activities designed to prevent or reduce pollutants in wastewater and minimize the impacts at the Publicly Owned Treatment Works (POTW) through the use prevention activities, maintenance practices and educational programs implemented before, during and/or after pollution-producing activities, that are intended to reduce or eliminate the introduction of pollutants into receiving wastewaters. Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter u n der standard laboratory procedure in five days at twenty (20) degrees Centigrade, expressed in milligrams per liter. ---PAGE BREAK--- 13-25 Building drain means that part of the lowest horizontal piping of a sanitary drainage system which receives the discharge from soil, waste and other sanitary drainage pipes inside the walls of the building and conveys it to the building sanitary sewer, beginning five feet (one and one-half [1.5] meters) outside the inner face of the building wall. Building sewer means the extension from the building sanitary drain to the public sanitary sewer or other place of disposal, which conveys wastewater from the premises of a user. Building sewer is also called house connection or sanitary service line. Carriage unit means living space directly above the garage of a single-family detached structure. Categorical standards means the National Categorical Pretreatment Standards or Pretreatment Standards. Colorado Discharge Permit System Permit or CDPS Permit , means a permit issued pursuant to the Colorado Water Quality Control Act (Section 25-8-191, et seq., Combined sewer means a sewer intended to receive both wastewater and storm or surface water. Commercial means any structure used for business purposes or which has three or more dwelling units, and is served by only one water meter. Cooling water means water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat. Department means the Utilities Department unless otherwise specified. Director means the Director of the Utilities Department, unless otherwise specified. Easement means an acquired legal right for specific use of land owned by others. Family, as used in this Article, shall be as defined in Article 17-12 of the Land Use and Development Code. Fixture as used in this Article means a r e ceptor or device that requires both a water­ supply connection and a discharge to the sanitary drainage system, including but not limited to a dishwasher, food-waste grinder, clothes washer, water heater, sinks, water closets and lavatories, as more specifically defined in the plumbing code adopted by the City. Floatable oil means cooking oil, fat or grease, petroleum oil or oil in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system. Food garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. ---PAGE BREAK--- 13-26 Grease interceptor means a pretreatment facility or tank remotely located that serves one or more commercial kitchen fixtures specifically designed and manufactured to separate and retain fat, oil, grease and solids from water. A grease interceptor is typically an outside, underground, multi- compartment tank required for commercial food service, manufacturing or processing establishments. Grease trap means an indoor plumbing device which complies with the provisions and specifications of the plum b ing code adopted by the City. This trap is designed to intercept fat, oil, grease and so l ids before entering the sanitary sewer system, shall not be connected to more than four fixtures and cannot be connected to food grinders or dishwashers. Industrial means any structure used for manufacturing purposes. Industrial user means any nondomestic source discharging pollutants into a POTW, regulated under Section 307(b), or of the Clean Water Act, 33 U.S.C §1251, et seq. Industrial waste mean the wastewater from industrial processes, trade or business as distinguished from domestic or sanitary wastes. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: a. Inhibits or disrupts the wastewater treatment works, its treatment processes or operations or its sludge processes, use or disposal; and b. Therefore is a cause of a violation of the publicly owned treatment works (POTW) permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with applicable federal laws and regulations, or more stringent state or local laws or regulations: Section 405 of the Clean Water Act, (33 U.S.C. 1345), the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act. May is permissive (see shall). Mixed use means any structure which includes a combination of two or more uses, such as residential, commercial or industrial. Multi-family means any structure built for occupancy for more than one family used solely for residential purposes. National Categorical Pretreatment Standard means a pollutant discharge limit or other requirement promulgated by the United States Environmental Protection Agency (USEPA) in accordance with Sections 307(b) and of the Clean Water Act (33 U.S.C. § 1317), and set forth and defined in 40 C.F.R. 403.6 and 40 C.F.R., Chapter I, Subchapter N, which a p plies to a specific category of industrial users. ---PAGE BREAK--- 13-27 Natural outlet means any outlet, including storm sewer outfalls, into a watercourse, pond, ditch, lake or other body of surface or ground water. Pass-through means a discharge which exits the facilities of any publicly owned treatment works (POTW) into waters of the United States in quantities or concentrations which, alone or in conjunction with the discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation). Person means any individual, partnership, firm, company, association, society, corporation, group or any other legal entity or their legal representatives, agents or assigns. pH means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of 10-7. Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, food garbage, floatable oil, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater pH, temperature, Total Suspended Solids (TSS), turbidity, color, Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), toxicity or odor). Properly shredded food garbage means 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 sanitary sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension. Public sanitary sewer means a common sanitary sewer controlled by a governmental agency or public utility. Publicly owned treatment works ( or POTW) means a treatment works as defined by Section 212 of the Clean Water Act, which is owned by a State or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also i n cludes sanitary sewer pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The POTW's treatment plant refers not only to City-owned WWTP, but also to any person or e n tity contracting with the City for treatment of sewage service, such as, but not limited to, Metro Wastewater Reclamation District WWTP and Town of Lochbuie WWTP. Publicly owned treatment works (POTW) permit means any NPDES or CDPS permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342) by federal, state or any other legal authority to any POTW owned and/or contracted by the City to service City residents, including connections by users located outside the City limits. Sand/oil separator means a pretreatment facility or tank remotely located and specifically designed and manufactured to separate petroleum oil, sand or grit from water. A sand/oil separator is typically an outside, u n derground, multi-compartment tank required for all petroleum, oil, sand or grit generating establishments. ---PAGE BREAK--- 13-28 Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally. Sewage is the spent water of a community. The preferred term is wastewater. Sewer means a pipe or conduit that carries wastewater or stormwater. Shall is mandatory (see may). Significant industrial user means: a. A discharger subject to the National Categorical Pretreatment Standards; or b. A discharger that: 1. Discharges an average of twe n ty-five thousand (25,000) gallons per day or more of process wastewater to the wastewater treatment works (e x cluding sanitary, noncontact cooling and boiler blowdown wastewater). 2. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant. 3. Is designated as such by the D i rector on the basis that it has a reasonable potential for adversely affecting the treatment plant's POTW operations or for violating any pretreatment standards or requirement. c. Upon a finding that a discharger meeting the criteria in Subparagraph b.2. above has no reasonable potential for a d versely affecting the wastewater treatment plant's operation or for violation any pr e treatment standard or requirement, the D i rector may, at any time, on the Director's own initiative or in response to a petition received from a discharger, and in a c cordance with procedures in 40 C.F.R. 403.8(f)(6), determine that such discharger should not be considered a significant industrial user. Single-family attached means any structure built for occupancy by more than one family, used solely for residential purposes, where the units are side by side and share a common wall. Single-family detached means any free-standing structure built for occupancy by one family, used solely for residential purposes. Slug shall mean any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge 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 times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. Storm drain , sometimes termed storm sewer , means a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source. ---PAGE BREAK--- 13-29 Surcharge means any charge added above and beyond the fines already levied by the City. Total Suspended Solids (TSS) means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is r e movable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater , and referred to as nonfilterable residue. Unpolluted water means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. User means any person who contributes, causes or permits the contribution of wastewater into the POTW. Wastewater means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and w a ter-carried wastes from residences, commercial buildings, industrial plants and inst i tutions, together with any groundwater, surface water and stormwater that may be present. Wastewater facilities means the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent. Wastewater impact report means a report which details the impact a new development will have on the City's wastewater treatment plant – both quantity of discharge and composition of discharge. Wastewater plant investment fee means a fee charged on a per-unit basis in order to r e imburse the City for its cost in providing wastewater facilities to serve the property for which the fee is assessed, including meeting the appropriate governmental regulatory agency requirements. Wastewater tap means the point of connection of a service line to the City's wastewater collection system. Wastewater tap fee means the fee charged for the right to physically connect to a wastewater collection line. Wastewater treatment works means an arrangement of devices and structures for trea t ing wastewater, industrial wastes and sludge. Sometimes used as synonymous with waste treatment plant , wastewater treatment plant or water pollution control plant. Watercourse means a natural or artificial channel for the passage of water, either continuously or intermittently. (Ord. 1964 §14, 2008; Ord. 2113 2011) ---PAGE BREAK--- 13-30 Division 2 Use of Public Sewers Required Sec. 13-12-20. Unsanitary disposal prohibited. 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, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. (Ord. 1271 Art. II 1987; Ord. 2113 2011) Sec. 13-12-30. Treatment of discharge. It is unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article. (Ord. 1271 Art. II 1987; Ord. 2113 2011) Sec. 13-12-40. Privies, septic tanks and cesspools prohibited. It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater, unless approved by the Director. (Ord. 1271 Art. II 1987; Ord. 1660 2000; Ord. 2113 2011) Sec. 13-12-50. Connection to public sewer. The owners of all houses, buildings or properties used for human occupancy, 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, are required at the owner's expense to install suitable toilet facilities therein, and to co n nect such facilities directly with the proper pu b lic sanitary sewer in accordance with the prov i sions of this Article, within ninety (90) days a f ter date of official notice to do so, provided that the public sanitary sewer is within one hundred (100) feet of the property line, unless otherwise approved by the Director. No owner shall co n nect a combined sewer to City sanitary sewer mains. (Ord. 1271 Art. II 1987; Ord. 1660 2000; Ord. 2113 2011) Division 3 Sanitary Sewers, Building Sewers and Connections Sec. 13-12-60. Building sewer permit required. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sanitary sewer or appurtenance thereof without first obtaining a written permit from the Department. (Ord. 1271 Art. III 1987; Ord. 1735 2002; Ord. 2113 2011) ---PAGE BREAK--- 13-31 Sec. 13-12-70. Building sewer permit types; application; fee. There shall be two classes of building sewer permits: for residential and commercial service; and for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director. Permit and inspection fees for a residential, commercial and industrial building sewer permit shall be assessed in accordance with the schedule of fees, rates and charges as adopted by the annual fee resolution, ordinance or otherwise, and shall be paid to the City at the time the building sewer permit therefor is issued. (Ord. 1907 2007; Ord. 2113 2011) Sec. 13-12-80. Costs borne by owner; indemnification of City. All costs and expenses incidental to the i n stallation 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 sanitary sewer service line. (Ord. 1271 Art. III 1987; Ord. 2113 2011) Sec. 13-12-90. Construction standards. The size, slope, alignment, materials or construction of all sanitary sewers, including building sewers, 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 adopted building and plum b ing codes, the City's Standard and Specification Manual or other applicable rules and regulations of the City and the State. In the absence of suitable 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. (Ord. 1271 Art. III 1987; Ord. 2113 2011) Sec. 13-12-100. Surface runoff or groundwater connections prohibited. No person shall make connection of storm sewers, roof downspouts, foundation drains, ar e away drains or other sources of surface runoff or groundwater to a building sewer or building sa n itary sewer service line which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved in writing by the Department for purposes of disposal of polluted surface drainage. (Ord. 1271 Art. III 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-110. Separate sanitary sewers for buildings. Each property, separate dwelling unit or separate structure shall be served by its own sa n itary sewer service line, and no connection shall be made to City utilities by extending the service line from one property, dwelling unit or structure to another property dwelling unit or structure, except as permitted herein. Where multiple dwelling units or structures are restricted such that they shall be sold together and shall not be owned separately, a common service line for those units or structures shall be permitted upon written proof, and approval as to form, of said restriction. ---PAGE BREAK--- 13-32 Where multi-family and mixed-use buildings have established an owner's association for the purpose of assignment of joint facilities, a common service line for those units shall be permitted upon written proof, and approval as to form, of said association statement. 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 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, but the City does not and will not assume any obligation or responsibility for damages caused by or resulting from any such single connection aforementioned. All service lines shall be individually connected to the main. (Ord. 1964 §14, 2008; Ord. 2113 2011) Sec. 13-12-120. Existing building sewers. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the Dire c tor, to meet all requirements of this Article. (Ord. 1271 Art. III 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-130. Building sewer connections. The connection of the building sewer into the public sanitary sewer shall conform to Section 13-12-90 above. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be a p proved by the Director before installation. (Ord. 1271 Art. III 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-140. Low drains. 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 sanitary drain is too low to permit gravity flow to the public sanitary sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Director and discharged to the building sewer. (Ord. 1271 Art. III 1987; Ord. 2113 2011) Sec. 13-12-150. Inspection and connection. The applicant for the building sewer permit shall notify the Department when the building sewer is ready for inspection and connection to the public sanitary sewer. The connection and testing shall be made under the supervision of the Director. (Ord. 1271 Art. III, §10, 1987; Ord. 1589, 1999; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-160. Excavations. 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 pu b lic property disturbed in the course of the work shall be restored in a manner satisfactory to the Director. (Ord. 1271 Art. III §11, 1987; Ord. 2113 2011) ---PAGE BREAK--- 13-33 Sec. 13-12-170. General prohibited discharges. No person shall introduce into the POTW pollutants which cause or may cause pass­through or interference with the operation or performance of the POTW. The following general prohibitions apply to all users of the POTW, whether or not they are subject to N a tional Categorical Pretreatment Standards or any other national, state or local pretreatment stan d ards or requirements. No person shall discharge or cause to be discharged, directly or indirectly, any of the following substances into the POTW: Pollutants which create a fire or e x plosion hazard in the wastewater facilities, including but not limited to wastestreams with a closed-cup flashpoint of less than sixty (60) degrees Centigrade (140 degrees Fahrenheit) using the test methods specified in 40 C.F.R., Section 261.21. This includes, but is not limited to, gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. Pollutants which will cause corrosive structural damage to the wastewater facilities, but in no case discharges with pH lower than 5.0 standard units. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, 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 or have an adverse effect on the waters receiving any discharge from the wastewater treatment works. Solid or viscous substances in quantities or of such size capable of causing o b struction to the flow in sewers, or other inte r ference with the proper operation of the wastewater facilities, such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, a n imal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refi n ing or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes. Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference or pass-through at the wastewater treatment works. Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius), or which will inhibit biological activity in the wastewater treatment plant resulting in interference, but in no case wastewater which causes the temperature at the headworks of the wastewater treatment plant to exceed one hundred four (104) degrees Fahrenheit (40 degrees Celsius). Wastewater containing more than twenty-five (25) milligrams per liter of petr o leum oil, nonbiodegradable cutting oils or products of mineral oil origin, but in no case in amounts that will cause interference or pass-through. Wastewater from industrial plants containing floatable oils, fat or grease. Any food garbage that has not been properly shredded (see Section 13-12-10). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, ---PAGE BREAK--- 13-34 catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. (10) Any specific pollutant that exceeds a local limitation established by the POTW pursuant to Section 13-12-180 below. (11) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Director. (12) Any radioactive substance the discharge of which does not comply with Section RH 4.18 of the Colorado Rules and Regulations Pertaining to Radiation Control. (13) Quantities of flow, concentrations or both, which constitute a slug. (14) Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (15) Any water, wastes or pollutants which, by interaction with other water or waste in the public sanitary sewer system, r e sult in the presence of toxic gases or pollutants, vapors or fumes that may cause acute worker health or safety problems, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes. (16) Any trucked, hauled pollutants or septic tank pumpage, except at discharge points designated by the Director. (17) Any pollutant, in such a quantity that, by itself or in conjunction with other i n direct discharges, results in a violation of the POTW permit or the receiving water quality standards as set by the Colorado Water Quality Control Commission. (18) Spent process chemicals, solutions, materials or hazardous waste as defined by the Federal Resource Conservation and R e covery Act, and other materials normally used in industrial/commercial operations u n less specifically authorized in writing by the Director and after suitable treatment as approved by the Director has been effected. (19) Tetrachlorethane (also known as trichlorethelene) and Trichloroethane (also known as tetrochloroethylene) from all nondomestic discharges. (20) Pesticides containing carbamate or organophosphate compounds are prohibited from being discharged in any amount. (21) Wastewater containing sand or other inorganic particulate matter that will result in a settleable solids concentration greater than twenty-five (25) millimeters per liter. (22) Sludges, screenings or other residues from the pretreatment of industrial wastes. ---PAGE BREAK--- 13-35 (23) Medical wastes, except as specifically authorized by the Director in an industrial wastewater discharge permit. (24) Detergents, surface active agents or other substances that may cause excessive foaming in the POTW. (25) Waste containing fat, oil, grease or other substances that will solidify or become discernibly viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit; causing blockages, flow obstructions or interference. (26) Chemical treatments used for controlling solidified grease in sanitary sewer lines or grease interceptors or traps that cause pass-through of grease or obstruction of flow in the POTW, except in accordance with written authorization from the Director. (27) Water which has been used for cooling or heat transfer purposes without recirculation, discharged from any system of condensation, air conditioning, refrigeration or similar use. (28) Any wastes that contain concentrated dye wastes or other wastes that are either highly colored or could become highly colored by reacting with other wastes or water without permission of the Director. (29) Sewage of such a nature and delivered at such a rate as to impair the hydraulic capacity of the system, normal and reasonable wear and usage excepted. When the Director determines that a u s er is contributing to the POTW, any of the above enumerated substances in such amounts as to pass through or interfere with the operation of the POTW, the Director shall: Advise the user of the impact of the contribution on the POTW; and Develop effluent limitations for such user to correct the interference with the POTW. In addition to the prohibited discharges set forth in Subsection above and local limits set forth in Section 13-12-180 below , applicable National Categorical Pretreatment Standards shall be met by all industrial users of the wastewater facilities. Upon the promulgation of a National Categorical Pretreatment Standard for a particular industrial subcategory, the National Standard, if more stringent than limitations imposed under this Article for sources in that subcategory, shall immediately supersede the limitations imposed under this Article. The Director shall notify all affected users of the a p plicable reporting requirements under 40 C.F.R. § 403.12. (Ord. 1271 Art. IV 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-175. Responsibility for administration of industrial pretreatment program. The Director shall administer, implement and enforce the provisions of this Article. Any powers granted or duties imposed upon the Department may be delegated in writing by the Director, with the consent of the City Manager, to other Departments and agencies of the City or contractors acting for and on behalf of the City. (Ord. 2113 2011) ---PAGE BREAK--- 13-36 Sec. 13-12-180. Local limits. The POTW shall have the authority to develop or adopt specific effluent limits for i n dustrial users and other users, as appropriate, which are necessary to ensure compliance with the POTW's permit, to protect its sludge reuse and/or disposal practices, to prevent pass-through or interference at the wastewater treatment plant or other interference with the wastewater facility's operation, to implement the prohibited discharge provisions in Section 13-12-170, or to protect worker's health and safety. When requested in writing by the Director, industrial users shall submit data for the d e velopment of such specific limits. Specific local limits shall not be developed and enforced wit h out notice (either public notice or written individual notice) to the affected industries, and an opportunity to respond. No user shall discharge wastewater containing any of the materials and substances in excess of the local limits provided in the industrial wastewater discharge permit of the users. (Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-190. Industrial wastewater discharge permits. No significant industrial user shall discharge wastewater into the wastewater treatment plant without first obtaining an industrial wastewater discharge permit from the Director. The Director may require others to obtain indu s trial wastewater discharge permits as necessary to carry out the intent of this Article. All exis t ing significant industrial users connected to or contributing to the POTW shall obtain an indu s trial wastewater discharge permit within one hundred eighty (180) days after the effective date of notice. Permit applications. All users required to obtain an industrial wastewater discharge permit shall submit a permit application on the form provided by the City. The Director may require users to submit as part of an application all information the user deems necessary, inclu d ing information and data on the nature and cha r acteristics of the wastewater. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: Name, address and location. SIC number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972. Time and duration of wastewater discharge. Average daily and thirty-minute peak wastewater flow rates, including daily, and seasonal variations, if any. Site plan, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged. ---PAGE BREAK--- 13-37 Wastewater constituents and characteristics and any applicable state or national pretreatment standards, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 C.F.R. Part 136. A statement regarding whether or not the local limits, and applicable state or n a tional pretreatment standards, are being met on a consistent basis and, if not, whether add i tional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable standards. If additional pretreatment and/or O&M will be required to meet the pretreatment or local limits discharge standards, the shortest schedule by which the user will provide such additional treatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule: a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment or discharge standards hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). b. No increment referred to in Subparagraph a. above shall exceed nine months. c. No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the D i rector, including as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the re a son for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director. (10) Each product produced by type, amount, process or processes and rate of production. (11) Type and amount of raw materials processed (average and maximum per day). (12) Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system. (13) Any other information as may be deemed by the Director to be necessary to evaluate the permit application. Permit decision. The Director will evaluate the information furnished by the applicant and may require additional information. Within ninety (90) days of receipt of a complete application, the Director will determine whether or not to issue an industrial wastewater discharge permit. Permit issuance. The Director shall i s sue an industrial wastewater discharge permit to the applicant if the following conditions are met: ---PAGE BREAK--- 13-38 The proposed discharge of the applicant is in compliance with the prohibitions and limitations of this Article; The proposed discharge of the applicant would permit the normal and efficient operation of the wastewater treatment system; The proposed discharge of the applicant would not result in a violation by the POTW's permit; and All applicable fees have been paid by the user. Permit denial. If, in the judgment of the Director, the proposed discharge may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may: Reject the wastes and notify the applicant in writing of such denial; Require pretreatment to an acceptable condition for discharge to the public sewers; Require control over the quantities and rates of discharge, including the installation of flow equalization facilities; Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges; and/or If the Director requires the pretreatment or equalization of waste flows, the design and installation of the plants and equi p ment shall be subject to review and approval of the Director. The Director may deny any application for an industrial wastewater discharge permit. Permit conditions. At a minimum, the permit must contain: A statement of duration (not to exceed five years); A statement of nontransferability; Effluent limitations based on the r e quirements of Sections 13-12-170 and 13-12-180, and any other applicable pretreatment standards; Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on applicable federal, state and local requirements; A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend any compliance date beyond applicable federal deadlines; and The permit may contain any conditions deemed appropriate by the Director to ensure compliance with this Article, and state and federal laws and regulations. ---PAGE BREAK--- 13-39 Administrative appeals. The permittee may petition the Director in writing to reconsider the terms of an industrial wastewater discharge permit within thirty (30) days of its issuance or denial. Failure to submit a timely written petition for review shall be deemed to be a waiver of the administrative appeal. In its petition, the permittee must indicate the provisions to which it objects, the reasons for this objection and alternative conditions, if any, it seeks to have placed on the industrial wastewater discharge permit. The effectiveness of the permit shall not be stayed pending the appeal. If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. The decision of the Director shall be final. Permit modifications. The Director may modify an industrial wastewater discharge permit for good cause, including but not limited to the following reasons: To incorporate any new or revised federal, state or local pretreatment standards or requirements; To address significant alterations or additions to the permittee's operation, process or wastewater volume or characteristics; A change in the City's wastewater f a cilities that requires either a temporary or permanent reduction or elimination of the authorized discharge; Information indicating that the permitted discharge poses a threat to the wastewater facilities, workers' health or safety or the receiving waters; Violations of any terms or conditions of the permit; Misrepresentations or failure to fully disclose all relevant facts in the application or in any required reporting; To correct typographical or other errors in the permit; and/or To reflect a transfer of ownership or operation. Permit reissuance. A discharger with an expiring industrial wastewater discharge permit shall apply for permit reissuance by submitting a complete industrial wastewater discharge permit application, in accordance with Subsection 13-12-190(b), a minimum of ninety (90) days prior to the expiration of the discharger's existing industrial wastewater discharge permit. Permit transfer prohibited. Industrial wastewater discharge permits are issued to a specific user for a specific operation. An industrial wastewater discharge permits shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation. (Ord. 1735 2002; Ord. 2113 2011) ---PAGE BREAK--- 13-40 Division 4 Use of Public Sewers Sec. 13-12-200. Prohibitions for discharge of unpolluted waters. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer; except that stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Director. Stormwater other than that exempted under Subsection above and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm se w ers, or to a natural outlet approved by the Dire c tor. (Ord. 1271 Art. IV 2, 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-210. Fats, oil and grease (FOG) control, and petroleum, oil and sand (POS) control requirements. Applicability. FOG and/or POS control requirements shall apply to the following facilities: FOG facilities: All commercial food service, manufacturing or processing establishments, including but not limited to restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, school cafeterias, nursing homes kitchens or any other facility that use one or more of the following preparation activities: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting or poaching. Also included are infrared heating, searing, barbecuing and any other food preparation activity that produces fat, oil or grease by-products in or on a receptacle that requires washing. POS facilities: All petroleum, oil, sand or grit-generating facilities, including but not limited to automotive service or repair garages, machine shops, car-washing f a cilities, automotive care centers, auto body shops and also hydraulic elevator pits. Any other facility which, in the opinion of the Director, discharges floatable grease in excessive amounts specified in Paragraph 13-l2-170(b)(8), or substantial amounts of sand or other debris or pollutant into the POTW, including but not limited to sand recovery, laundries, bottling establishments, slaughterhouses and hair salons, which may be harmful to, or cause obstruction in, the wastewater collection system, or cause or contribute to interference or pass-through. Exemptions. FOG and/or POS control requirements shall not be required for private living quarters or dwelling units. Installation requirements. Any FOG and/or POS facility shall be required to install and operate an adequately sized grease interceptor and/or sand-oil separator at the user's expense. The use of alternative pretreatment d e vice, such as, but not limited to, indoor or under-the-sink grease traps, oil traps or sand traps, does not satisfy the requirements of this Article and shall not be accepted in lieu of exterior grease interceptors and/or sand-oil separators unless a variance has been granted in writing by the Department. ---PAGE BREAK--- 13-41 Plan design and review. The user, or an authorized representative thereof, seeking a building permit for a business or establishment specified in Paragraph s 13-12-210(a)(l), and shall submit to the Department, prior to issuance of the building permit, an application for a plan review to determine the need, method, size and location of the interceptor and/or separator required to control discharges into the POTW. The form for such application shall be provided by the department, and submission shall include detailed plans describing such facilities, proposed plumbing fixtures, manufacturer's specifications and operating procedures, and such other materials as may be specified on the application or required by the Director in order to review and recommend the requested approval and permit. The review of such documents shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Director under the provisions of this Article. Written approval from the Director must be obtained prior to installation of the interceptors and/or the separators. The design, sizing and installation of grease interceptors and/or sand-oil separators shall be in accordance with the City's adopted plumbing codes, City of Brighton Standard and Specification Manual, applicable codes, ordinances and policies of the City, the manufacturer's installation instructions and the policies of the Director to accomplish their intended purposes of intercepting pollutants from the user's wastewater and preventing the discharge of pollutants into the City's POTW. Toilets, urinals and similar fixtures shall not discharge waste through a grease interceptor and/or sand-oil separator. Such fi x tures shall be plumbed directly into the buil d ing sewer. Grease interceptors and/or sand-oil separators shall have gas-tight covers and be properly vented in accordance with the adopted plumbing code. In traffic areas, the interceptor or separator shall be designed to have adequate r e inforcement and cover (including piping), meeting traffic-loading specifications. All grease interceptors shall have at least two compartments and a minimum capacity of at least three hundred twenty-five (325) gallons for a facility without a dishwasher, and seven hundred fifty (750) gallons for a facility with a dishwasher. The grease interceptor shall not exceed a capacity of three thousand (3,000) gallons. If the calculated capacity exceeds three thousand (3,000) gallons, then multiple units plumbed in series shall be installed. Waste in excess of one hundred forty (140) degrees Fahrenheit shall not be discharged into a grease i n terceptor. All food grinders shall discharge into a grease interceptor. All sand-oil separators shall have at least two compartments and a minimum capacity of at least three hundred (300) gallons. The maximum individual separator size shall be two thousand five hundred (2,500) gallons. If the calculated capacity exceeds two thousand five hundred (2,500) gallons, then multiple units plumbed in series shall be installed. Existing facilities. The Director shall notify any existing facility and/or establishment identified in Paragraphs 13- 12-210(a)(l), and which is required to be connected to an interceptor and/or separator, but are not so connected, of the requirements for connection and continued failure to do so is a violation of ---PAGE BREAK--- 13-42 this Article. The notice shall be in writing and served on the user personally, and by regular mail, postage prepaid, to the person whose name appears on the user's utility billing a c count with the City. A copy of the notice shall also be posted on the premises. Such notice of violation shall require the user to install at his or her own expense such interceptor and/or separator at the earliest to occur of: a. A change of ownership of the property, or operation of the establishment or facility; b. Upon the construction of any improvement to the building housing the e s tablishment of facility; or c. Three hundred sixty-five (365) days from the date of the notice of violation. Pending installation of the required interceptor and/or separator, the existing user shall: a. Provide quarterly cleaning of the facility's private sanitary service line to prevent the buildup of fat, cooking oil and grease, and/or petroleum, oil, sand, grit, cloth, buttons and/or other materials or solids that cause clogging; b. Submit records of each sanitary sewer line cleaning to the City upon request; c. Pay a surcharge fee to cover the costs incurred by the City for accelerated sanitary sewer line cleaning on the City's sanitary sewer line providing service to the user, as provided in Section 13- 16-50 of this Chapter; d. Install and maintain alternative pretreatment device, such as, but not limited to, grease traps, oil traps and sand traps. Grease traps should be sized adequately, with a minimum capacity of at least one hundred fifty (150) pounds, flow of seventy-five (75) gallons per minute, or sixty (60) gallon liquid holding capacity; and e. Provide to the Director, upon r e quest, proof of use of the adequate Best Management Practices (BMPs), such as, but not limited to, scraping food from plates into garbage cans, collection of liquid oil and grease from pots into waste containers, sweeping of floors, containment of spills, training of staff and/or other practices identified by the Director. Variance or waiver of grease interceptor and/or sand-oil separator installation requirements. A user or authorized representative thereof may request that the Director grant a variance from the grease interceptor and/or sand-oil separator requirements to allow alternative pretreatment technology in lieu thereof, if the user demonstrates that the alternative equals or exceeds the effectiveness of a required interceptor and/or separator, and that it is impossible or impracticable to install, operate or maintain a required interceptor and/or separator. The D i rector's determination to grant a variance will be based upon, but not limited to, evaluation of the following conditions: There is no adequate space for installation and/or maintenance of the required i n terceptor and/or separator; ---PAGE BREAK--- 13-43 There is no adequate slope for gravity flow between kitchen or shop plumbing fixtures and the interceptor/separator and/or between the interceptor/separator and the pr i vate sanitary sewer collection lines or public sanitary system; or The user can prove that the alternative pretreatment technology is equally or more effective that the required interceptor or separator in controlling oil, grease, sand, cloth, buttons, glass and discharge of other materials or solids that cause clogging. In addition, the user must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to co n trol such discharges through visual monitoring of the public sanitary se w er for at least three months, at its own expense. A variance may be granted if the results show no visible accumulation of oil, grease, sand, cloth, buttons, glass and other materials or solids that cause clogging in its building sewer, lateral sanitary sewer and/or main sanitary sewer lines. Any variance i s sued pursuant to this Section may be revoked at any time in the discretion of the Director. Conditional waiver of requirement to i n stall interceptor, separator or trap. A conditional waiver of requirement to install interceptor, se p arator or trap may be granted if the Director determines that the establishment or facility will produce negligible discharges and insignificant impact to the public sanitary sewer. Although a waiver from installation of an interceptor, separator and/or alternative device may be granted, the user may be required to provide space and plumbing segregation for future installation of an interceptor, separator and/or a l ternative device. The Director's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions: Quantity of oil, grease, sand, cloth, buttons, glass and other materials or solids that cause clogging and/or discharges as measured or indicated by the size of the use based on water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and other conditions that reasonably show to contribute to the discharges; Adequacy of implementation of BMPs and compliance history; Sewer size, grade, condition based on visual and other information, discharges to the sanitary sewer by the user and history of maintenance and adverse discharges caused by oil, grease, clothes, buttons, glass and other materials or solids that cause clogging by the user's discharge; Changes in operations that significantly affect discharges and the operation of the POTW; and Any other condition that the Director deems reasonably related to the generation of adverse discharges. Waiver of interceptor and/or separator installation requirements with a disposal mitigation fee. Where the installation of an interceptor and/or separator is not feasible and no equivalent alternative pretreatment can be installed, a user may be granted a waiver of the interceptor and/or separator requirement upon the payment of a grease disposal mitigation fee as set by the City Council in the annual fee resolution. Additional requirements may also be imposed to mitigate the discharge of oil, grease, sand, cloth, buttons, glass and other materials or solids that cause clogging in the POTW. The Director's determination to grant the waiver upon the payment of a disposal mitigation fee will be based upon, but not limited to, evaluation of the following conditions: ---PAGE BREAK--- 13-44 There is inadequate space for installation and/or maintenance of the required i n terceptor, separator and/or alternate pretreatment device. There is inadequate slope for gravity flow between the plumbing fixtures of the f a cility or establishment and the interceptor, separator and/or alternate pretreatment device and the private sanitary sewer collection lines or the POTW. Application for variance or waiver of requirements for interceptor, separator or traps. A user, or authorized representative thereof, may submit to the Department an application for va r iance or waiver from the interceptor, separator and/or trap requirement. The user bears the bu r den of demonstrating that the installation of the required interceptor, separator and/or trap is not feasible or otherwise required. Upon determination by the Director that reasons are sufficient to justify a variance or waiver, approval thereof will be issued or revised to include the variance or waiver and relieve the user from the requirement. Terms and conditions of variance or waiver. A variance or waiver shall contain the terms and conditions that serve as the basis of its issuance. A variance or waiver may be revoked by the Director at any time upon his or her d e termination that any of the terms and conditions for its issuance are not satisfied or if the cond i tions upon which the variance or waiver was based have changed so that the justification for the variance or waiver no longer exists. The variance or waiver shall be valid so long as the user remains in compliance with the terms and conditions until the expiration date specified in the variance or waiver. Appeal. The applicant or user may a p peal the denial of a variance or waiver to the Board of Appeals as provided in the plumbing code adopted by the City. Maintenance frequency. Interceptors and/or separators shall be kept in continuous operation by the user at all times and shall be inspected and cleaned on a regular basis by the user at his or her own expense as required for efficient operation. Grease interceptors in service shall be cleaned at a maximum interval of ninety (90) days. Sand-oil separators in service shall be cleaned at a maximum interval of one hundred twenty (120) days. Grease traps in service shall be cleaned at a maximum interval of seven days. Maintenance frequency variance. A variance from this maintenance frequency r e quirement may be obtained when the user can demonstrate that less frequent cleaning is sufficient. The Director may also require more frequent cleaning to users that do not pass maintenance inspections. Maintenance requirements. In maintaining of these interceptors, separators and/or traps, the user shall be r e sponsible for the proper removal and disposal by appropriate means of the captive mat e rial and shall maintain records of the dates and means of disposal, which must be kept for at least three years and are subject to review by the Director. Any removal and hauling of the collected materials not performed by the user's personnel must be pe r formed by currently licensed waste disposal firms. Certificates of ---PAGE BREAK--- 13-45 inspection and maint e nance shall be kept on the premises of the i n terceptor, separator or trap installation and shall be made readily available to City personnel for review and inspection. It is unlawful for any person to withdraw wastes from grease interceptors, grease traps, sand- oil separators, sand traps, oil traps or other similar waste collection devices and to reinject any portion thereof into the wastewater system or a private sanitary sewer facility directly or indirectly connected to the POTW, except at a designated disposal facility approved by the Director. Users shall be subject to the remedies, including penalties, set forth in Sections 13-12-310 through 13-12-330 of this Chapter. In the event a grease interceptor and/or sand-oil separator is not properly maintained by the user, the City may authorize such maintenance work be performed on behalf of the user. The costs of such maintenance work shall be surcharged to the user as provided in Section 13-16-50 of this Chapter, and added to the user's sanitary sewer billing and collected in accordance with sewer billing collection procedures. User's responsibilities. The user shall; Ensure interceptors and/or separators are easily accessible for inspection, cleaning and servicing; Maintain interceptors and/or separators at the user's expense and keep interceptors and/or separators in efficient operating conditions; Document each pump or cleaning event with a waste manifest or invoice which must be kept for at least three years; Take reasonable steps to assure that all waste is properly disposed of at an a p proved facility in accordance with federal, state and local regulations; and Use adequate Best Management Practices (BMPs) such as, but not limited to, scraping food from plates into garbage cans, collection of liquid oil and grease from pots into waste containers, sweeping of floors, containment of spills, training of staff and/or other practices identified by the City. Director's responsibilities. The Director shall; Conduct periodic inspections of any facility with or without prior notification for compliance with this Article; and Notify the user of any additional r e quired maintenance or repairs in writing. Upon written notification by the Director, the user shall be required to perform corrective actions within the time period established by the Director. Interceptor/separator abandonment. Interceptors and separators abandoned in place shall be cleaned of all debris (grease, sand, oil, etc.), the inlet and outlet pipe plugged at each end, then filled with gravel and the access area sealed, to not permit any entry into the tank. (Ord. 1271 Art. IV 1987; Ord. 1735 2002; Ord. 2113 2011) ---PAGE BREAK--- 13-46 Sec. 13-12-220. Installation and maintenance of flow-equalization facilities. The Director may require users to install and maintain on their property a suitable storage and flow-control facility to ensure equalization of flow. The City may issue an industrial wastewater discharge permit solely for flow equalization. Where pretreatment of flow-equalization facilities are provided or required for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. (Ord. 1271 Art. IV 1987; Ord. 2113 2011) Sec. 13-12-230. Pretreatment of industrial wastewater. Pretreatment facilities. Users shall provide wastewater treatment as necessary to co m ply with this Article and shall achieve compliance with all National categorical Pretreatment Standards, the prohibited discharges set out in Section 13-12-170, the applicable local limits set out in Section 13-12-180, the fat, oil and grease control and petroleum, oil and sand control requirements of Section 13-12-210, and any additional permit requirements as allowed under Section 13-12-190, within the time limitations specified by the EPA, the State or the City, whichever are more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director upon request in writing, and shall be a c ceptable to the Director before such facilities are constructed. The review of such plans and ope r ating procedures by the Director shall in no way relieve the user from the responsibility of i m plementing all measures (including modifications to the facilities) necessary to produce a discharge acceptable to the Director under the provisions of this Chapter. Dilution prohibited. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation contained in the National Categorical Pretreatment Standards or in any other local limits d e veloped by the City or State, unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on dischargers as he or she deems necessary. Accidental discharge/slug control plans. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. The D i rector may require any user or potential user to develop, submit for approval and implement an accidental discharge/slug control plan. Slug discharge determination. At least every two years, the Director shall evaluate whether each significant industrial user needs a plan to control slug discharges. If a slug control plan is needed, the plan shall contain, at a minimum, the following elements: Description of discharge practices, including nonroutine batch discharges; Description of stored chemicals; ---PAGE BREAK--- 13-47 Procedures for immediately notifying the City of slug discharges, including any discharge that would violate a prohibition under Section 13-12-170 and/or local limits set forth in Section 13-12-180 above, with procedures for follow-up written notification within five days; and If necessary, procedures to prevent adverse impact from accidental spills, inclu d ing inspection and maintenance of storage a r eas, handling and transfer of materials, loa d ing and unloading operations, control of plant site run-off, worker training, building of co n tainment structures or equipment, measures for containing toxic organic pollutants (i n cluding solvents) and/or measures and equipment for emergency response. Installation of monitoring facilities. When required in writing by the Director, the owner of any property serviced by a building sewer carrying industrial or other prohibited wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such structures, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Director. The structure shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times. (Ord. 1271 Art. IV 1987; Ord. 1735 2002 ; Ord. 2113 2011) Sec. 13-12-240. Reporting requirements. Requirement to provide information. The Director may require any person to provide information needed to determine compliance with this Article. These requirements may i n clude, but are not limited to: Wastewater's discharge average and/ or peak rate and volume over a specified time period; Chemical or other analyses of wastewaters; Information on raw materials, processes and products affecting wastewater volume and quality; Quantity and disposition of specific liquids, sludge, oil, solvent or other materials important to sewer use control; A plot plan of sewers on the property showing sewer and pretreatment facility location; Details of wastewater pretreatment facilities; and Details of systems to prevent and control the losses of materials through spills to the municipal sewer. Reports of potential problems. In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, noncustomary batch di s charges or slug loads that may cause potential problems for the POTW, the user shall immed i ately telephone and notify the Director of the incident. This notification shall include the l o cation of the discharge, type of wastes, concentration and volume, if known, and corrective actions taken by the discharger. Within five days following such discharge, the user shall submit a written report describing the causes of the discharge and ---PAGE BREAK--- 13-48 measures taken or to be taken by the discharger to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater facilities, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this Article. A notice shall be permanently posted in a pro m inent place at a user's facility advising employees whom to call in the event of such a di s charge. All employees shall be advised by the employer of the emergency notification procedure. Reports of violations. If sampling performed by a user indicates a violation, the user must notify the Director by telephone within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days of becoming aware of the violation. Notification of changed conditions. Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change. Notification of the discharge of hazardous waste. Any user who commences the discharge of hazardous waste shall notify the Dire c tor and the EPA Regional and State Waste Ma n agement Division Directors, in writing, of any discharge into the City's wastewater facilities of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261, in accordance with Colorado Department of Public Health and Environment Pretreatment Regulations, Section 62.13(d)(9). Reporting requirements for user. Permitted users shall submit all periodic compliance reports as required by its industrial wastewater discharge permit. If a user monitors any pollutant more frequently than required by the City using the methods prescribed in its permit and in Section 13-12-250 below, the results of this monitoring shall be included in the report. Certificates of inspection and maintenance of grease, oil and sand interceptors, separators and/or traps as specified in Section 13-12-210 above shall be kept on the premises of the interceptor, separator and/or trap and shall be made readily available to City personnel for review and inspection. Other reports. Users shall comply with all other federal, state, and local reporting r e quirements, including but not limited to special requirements for discharges subject to National Categorical Pretreatment Standards, as specified in the Colorado Department of Public Health and Environment Pretreatment Regulations, Section 62.13(a) through Record keeping. Users subject to the reporting requirements of this Article shall retain, and make available for inspection and co p ying, all records of information required by this Article, including additional analyses as spec i fied under Subsection 13-12-240(f) above. Re c ords shall include the date, exact place, method and time of sampling, and the name of the pe r sons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques used; and the results of such analyses. These records shall remain avai l able for a period of at least three years. This retention period shall be automatically extended for the duration of any litigation concerning the discharger and/or the City, or where the di s charger has been specifically notified of a longer retention period in writing by the Director. ---PAGE BREAK--- 13-49 Signatory requirements. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the i n formation submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (Ord. 1271 Art. IV 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-250. Measurements, tests and analysis. 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 techniques prescribed in 40 C.F.R. Part 136, unless otherwise specified in an applicable national categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical tec h niques for a pollutant in question, sampling and analysis must be performed in accordance with procedures approved by the Director. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Director. (Ord. 1271 Art. IV §10, 1987; Ord. l735 §4,2002; Ord. 2113 2011) Sec. 13-12-255. Deadline for compliance with applicable pretreatment requirements and standards. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such Standard shall be revised by the Director to require compliance with such Standard within the time frame prescribed by such Standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial wastewater discharge permit as required by S ubsection 13-12-190(a), the user shall apply for an industrial wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Director within one hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by Paragraphs 13-12-190(b)(8) and The Director shall establish a final compliance deadline for any existing user not covered by categorical pretreatment standards, or for any categorical user whose local limits are more restrictive than the categorical pretreatment standard. (Ord. 2113 2011) Division 5 Protection of Sewer System Sec. 13-12-270. Protection from damage. No person shall maliciously, willfully or ne g ligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater f a cilities. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct. (Ord. 1271 Art. V, 1987; Ord. 2113 2011) ---PAGE BREAK--- 13-50 Sec. 13-12-275. Additional pretreatment measures. Whenever the Director finds it necessary to protect the POTW or to accurately assess a user's compliance with this Article and other City codes, ordinances, policies and regulations, he or she may require a user to restrict its di s charge during peak flow periods, discharge only into specific sanitary sewers, relocate and/or consolidate points of discharge, separate dome s tic sewage wastestreams from industrial wastestreams or take other relevant measures. The Director may require users to comply with Section 13-12-220. The user shall comply with Section 13-12-210, Fats, oil and grease (FOG) control, and petroleum, oil and sand (POS) control requirements. The Director may require users with p o tential to discharge flammable substances to install and maintain an approved combustible gas detection meter at a point prior to discharge to the POTW. (Ord. 2113 2011) Division 6 Powers and Authority of Inspectors Sec. 13-12-280. Right of entry. The Director and other duly authorized representatives 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 pertinent to discharge to the wastewater facilities to determine whether the facility is complying with all requirements of this Chapter and any industrial wastewater discharge permit or order issued by the City. The Director shall have the right to set up on the user's property, or require the discharger to install, such devices as are necessary to conduct sampling and/or metering of the operations. The Director and other authorized representatives of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the term of the duly negotiated easement pertaining to the private property involved. (Ord. 1271 Art. VI 4, 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-290. Obtaining information; confidentiality. The Director or other duly authorized representatives are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. Information and data on a user obtained from reports, surveys, industrial wastewater discharge permit applications, industrial wastewater discharge permits and monitoring programs, and from the City's inspection and sampling activities, shall be available to the public or other governmental agency without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes or ---PAGE BREAK--- 13-51 methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user that such information should be held confidential, the portions of a report which might disclose trade secrets on secret processes shall be clearly labeled by the user as "Confidential Business Information," and shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the National Pollutant Discharge Elimination System (NPDES), Colorado Discharge Permit System (CDPS) or local pretreatment program. Effluent data cannot be recognized as confidential information and will be available to the public without restriction. (Ord. 1271 Art. VI 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-300. Inspections; injury liability. While performing the necessary work on private properties referred to in Subsection 13-12-280(a) above, the Director or duly authorized representatives 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 representatives. The City shall indemnify the company against loss or damage to its property by City representatives and against liability claims and demand for personal injury or property damage asserted against the company 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 13-12- 230 above. (Ord. 1271 Art. VI 1987; Ord. 1735 2002; Ord. 2113 2011) Division 7 Penalties Sec. 13-12-310. Administrative enforcement remedies. Notice of violation. When the Director finds that any person is violating any provision of this Article, an industrial wastewater discharge permit or order issued pursuant to this Chapter, the ordinances, codes, policies, regulations of the City or any other pretreatment standard or requirement, the Director may serve upon that person a written notice of violation stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The user shall be required to perform corrective actions within fourteen (14) calendar days from the date of the notice unless a shorter or longer correction deadline is specified in writing by the Director. The offender shall, within the period of time stated in such notice, permanently cease all violations. The Director may also require the person to provide a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, within a time frame as specified in the notice of violation. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. Consent orders. The City is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders. ---PAGE BREAK--- 13-52 Compliance orders. When the Director finds that a user has violated or continues to violate any provision of this Article, an industrial wastewater discharge permit or order issued pursuant to this Chapter, the ordinances, codes, policies, regulations of the City or any other pretreatment standard or requirement, the Director may issue a written compliance order to the user directing the user to come into compliance within a specified time. Compliance orders may direct the user to take appropriate remedial or preventive actions needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a ban against, or a prerequisite for, taking any other action against the user. Emergency suspension of service. The Director may immediately suspend a user's sewer and/or water service, after informal notice to the user, whenever the Director determines that such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user's sewer service, after notice and opportunity to respond, that threatens to interfere with the operation of the wastewater treatment plant. Any user notified of a suspension shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater facilities, receiving stream or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed and the user will comply with all provisions of this Article. Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section. Termination of discharge and/or revocation of permit. The Director may revoke an industrial wastewater discharge permit and/or terminate the discharge for good cause, including but not limited to the following reasons: Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; Failure to provide notification to the Director of changed conditions pursuant to Subsection 13 -12-240(d) of this Article; Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application; Falsifying self-monitoring reports; Tampering with monitoring equipment; Refusing to allow the Director timely access to the facility premises and records; Failure to meet effluent limitations; ---PAGE BREAK--- 13-53 Failure to pay fines; Failure to pay sewer charges and fees as specified in Section 13-16-55; (10) Failure to meet compliance schedules; (11) Failure to complete a wastewater survey or the industrial wastewater discharge permit application; (12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or (13) Violation of any pretreatment standard or requirement, or any terms of the industrial wastewater discharge permit or this Chapter. Administrative fines. When the Director finds that a person has violated or continues to violate any provision of this Article, an industrial wastewater discharge permit or order issued pursuant to the ordinances, codes, policies and regulations of the City or any other pretreatment standard or requirement, the Director may: Fine such user in an amount not to exceed three hundred dollars ($300.00) per day per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct offense; or Seek other remedies as provided in 13-12-320, Judicial enforcement remedies, and 13-12-330, Liability, of this Chapter. Publication of significant noncompliance. The City or the POTW on behalf of the City shall reserve the right to annually publish in the newspaper with the largest daily circulation within the service area a list of the users which were in significant noncompliance with applicable pretreatment requirements or standards during the previous twelve (12) months. (Ord. 1271 Art. VII 1987; Ord. 1660 2000; Ord. 1735 2002; Ord. 2113 2011) Sec.13-12-320. Judicial enforcement remedies. If a person violates any requirement of this Article, the City may commence an action for the appropriate legal and/or equitable relief in any court of competent jurisdiction. Said relief may include injunctive relief, civil penalties and/or criminal prosecution. The remedies provided in this Article shall be in addition to all other remedies provided by law. Any person who violates any provisions of this Article shall be subject to a civil penalty in an amount not exceeding one thousand dollars ($1,000.00) for each violation and/or imprisonment not to exceed six months. Each day in which any such violation shall continue shall be deemed a separate violation. In addition, the City shall be entitled to recover reasonable attorney's fees, costs and other expenses of litigation. Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained ---PAGE BREAK--- 13-54 pursuant to this Article, or industrial wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months, or by both. (Ord. 1271 Art. VII 1987; Ord. 1589, 1999; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-330. Liability. Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation. (Ord. 1271 Art. VII 1987; Ord. 1660 2000; Ord. 2113 2011) Division 8 Arbitration of Differences Sec. 13-12-340. City Manager to arbitrate. Any difference of opinions with present customers or potential customers concerning user charges, development fees and interpretation of City ordinances or regulations will be arbitrated by the City Manager. The authority of the City Manager is limited in such matters not to include health, safety, welfare and environment. (Ord. 1271 Art. VIII 1987; Ord. 1735 2002; Ord. 2113 2011) Sec. 13-12-350. Hearing before City Council. If the difference of opinion cannot be resolved by the City Manager, a public hearing before the City Council will be scheduled. Notice of said hearing shall be mailed to the applicable customers no less than ten (10) days before the hearing. The City Council's decision on the question shall be rendered within thirty (30) days after the public hearing. (Ord. 1271 Art. VIII 1987; Ord. 1735 2002; Ord. 2113 2011) ARTICLE 13-16 Sewer Rates Sec. 13-16-10. Purpose. The purpose of this Article is to generate sufficient revenue to pay all costs for the operations and maintenance of the complete wastewater system. The costs shall be distributed to all users of the system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume and delivery of flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user or user class. (Ord. 1270 1987; Ord. 2113 2011) Sec. 13-16-20. Wastewater Facilities Replacement Fund. A reserve fund called the Wastewater Facilities Replacement Fund is established within the Wastewater Utility Fund for the purpose of providing sufficient funds to be expended for obtaining and ---PAGE BREAK--- 13-55 installing equipment, accessories and appurtenances during the useful life (twenty [20] years) of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed. (Ord. 1270 1987; Ord. 2113 2011) Sec. 13-16-25. Wastewater plant investment fees and connection charges; schedule. A wastewater plant investment fee shall be paid for each separate tap to any sanitary sewer line within the City. The amount of the fee shall be based on the size of the water service line. The wastewater plant investment fees shall be as follows: Single-family detached; mixed-use; commercial; industrial; and other uses not specifically delineated herein: Tap Size Fee Three-quarter-inch tap $ 4,650.00 One-inch tap 7,635.00 One-and-one-half-inch tap 15,470.00 Two-inch tap 24,752.00 Three-inch tap 49,504.00 Four-inch tap 85,085.00 Multi-family dwellings, including apartment buildings or condominiums; single-family attached (such as duplexes or townhouses); and single-family detached with carriage unit : First living unit $4,650.00 Each additional unit within building * 3,147.00 Mobile home parks – per user unit: four thousand six hundred fifty dollars ($4,650,00). For any connection greater than two inches, the owner shall provide the City with an acceptable wastewater impact report authorized by a registered professional engineer experienced in wastewater services in addition to payment of the wastewater plant investment fee. A charge in the amount of one hundred dollars ($100,00) shall be made for each separate four- inch tap made by the City to any line within the City, regardless of whether the wastewater tap is new or whether it is made to replace an existing wastewater connection of the same size. A six-inch tap, regardless of whether the wastewater tap is new or whether it is made to replace an existing wastewater connection of the same size, shall be made by the contractor into a City manhole and paid for by the contractor. The developer will make all taps in new developments. A twenty-five-dollar inspection fee will be charged for each tap to an existing line. No new service lines will be provided outside the corporate limits of the City. ---PAGE BREAK--- 13-56 A wastewater plant investment fee shall be paid for each separate tap to any sanitary sewer line within the South Platte Basin of the City. The amount of the fee shall be based on the size of the water service line. The South Platte wastewater plant investment fees shall be as follows: Single-Family Residential Equivalent (SFRE): four thousand six hundred ten dollars ($4,610.00). All sewer connections which are not Single-Family Residential Equivalents: Tap Size Fee Three-quarter-inch tap $ 8,759.00 One-inch tap 20,745.00 One-and-one-half-inch tap 50,710.00 Two-inch tap 92,200.00 Three-inch tap 193,620.00 Four-inch tap 350,360.00 For water service taps six inches or larger, the number of SFREs for calculating the sewer connection charge shall be determined from the following formula: SFREs = Flow X F + BOD X B + SS X S + TKN X T 225 0.385 0.394 0.0488 Where: Flow = estimated flow, gpd (peak month) BOD = estimated BOD, lbs/day (peak month) SS = estimated SS, lbs/day (peak month) TKN = estimated TKN, lbs/day (peak month) The Metro Wastewater Reclamation District shall provide the estimated flow, BOD, SS and TKN information for each new wastewater connection which is subject to the above formula. (Ord. 1964 §14, 2008; Ord. 2113 2011; Ord. 2125 2011) Sec. 13-16-30. Determination of total annual costs and maintenance. The City or the City Manager shall determine the total annual costs of operations and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund. (Ord. 1964 §14, 2008; Ord. 2088 2011; Ord. 2113 2011) ---PAGE BREAK--- 13-57 Sec. 13-16-40. Determination of individual wastewater contribution percentage. The City or the City Manager shall determine for each user or user class the average daily volume of wastewater discharged to the wastewater system for the billing months of December, January and February, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system to determine such user's volume contribution percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow. The minimum flow charge for residential customers is five thousand (5,000) gallons; the maximum flow charge is fifteen thousand (15,000) gallons. The minimum flow charge for any customer that qualifies for a discount as a senior citizen or permanently disabled under Paragraph 13-4-130(3) is three thousand (3,000) gallons; the maximum flow charge is fifteen thousand (15,000) gallons. New residential accounts shall be charged either the minimum flow charge of five thousand (5,000) gallons or three thousand (3,000) gallons, as applicable, until the average daily volume is calculated the following winter. All other accounts shall be charged based on actual water usage each month until the following winter when an average daily volume is calculated. The City or the City Manager shall determine for each user or user class the average daily poundage of five-day, twenty-degree Centigrade biochemical oxygen demand (BOD) discharge to the wastewater system to determine such user's BOD contribution percentage. (Ord. 1270 §3(part), 1987; Ord. 1660 §10, 2000; Ord. 2113 2011) Sec. 13-16-50. Surcharge. The City will assess a surcharge for all nonresidential users discharging wastes with BOD, TSS and/or any other parameter greater than the average residential user. The surcharge shall be in an amount sufficient to cover: The cost of treating their above-average strength wastes, such as, but not limited to, fat, oil, grease, petroleum, oil, sand and/or other wastes; The cost of accelerated sanitary sewer line cleaning on the City's sanitary sewer line providing service to the user resulting from the nonconnection of the establishment or facility to a required grease interceptor, sand-oil separator, trap and/or pretreatment device; The cost of inspection, sampling and/or analysis; and The cost incurred by the City for maintenance and cleaning of grease interceptor, sand-oil separator, trap and/or pretreatment device on behalf of the user. The City may assess other surcharges as the City may deem necessary to carry out the requirements contained in this Chapter. These surcharges shall be related solely to the matters covered by this Chapter and are separate from all other fees, fines and penalties chargeable by the City. (Ord.1270 §3(part), 1987; Ord. 1542 §10(part), 1998; Ord. 2113 2011) ---PAGE BREAK--- 13-58 Sec. 13-16-55. Pretreatment charges and fees. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's pretreatment program, which may include: Fees for industrial wastewater discharge permit applications, including the cost of processing such applications; Fees for monitoring, inspection and surveillance procedures, including the cost of collecting and analyzing a user's discharge and reviewing monitoring reports submitted by users; Fees for reviewing and responding to accidental discharge procedures and construction; Fees for filing appeals; and Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Article and are separate from all other fees, fines and penalties chargeable by the City. The applicable pretreatment charges and fees shall be set forth in the annual fee resolution as approved by the City Council. (Ord. 1735 §10, 2002; Ord. 2113 2011) Sec. 13-16-60. Billing for wastewater service charge; discontinuance of service. The City shall submit statements to the user for the user's wastewater service charge. The wastewater service charge may be included with the water and/or wastewater utility billing. Should any user fail to pay the user wastewater service charge within twenty (20) days of the billing date, the City may stop the wastewater service to the property. (Ord. 1270 1987; Ord. 1542 §10(part), 1998; Ord. 2113 2011) Sec. 13-16-70. Wastewater service charges; rates; notification. Wastewater service charge. All wastewater service charges for processing of wastewater in the City shall be assessed pursuant to a schedule of fees to be set by ordinance duly adopted by City Council after review of such fee schedule as the City Council from time to time deems necessary. Every user of the City wastewater system will be charged the wastewater service charge whether matter is discharged into the system or not. This service charge will be added to either the flat wastewater rates as calculated pursuant to either Subsection or Subsection hereof, as applicable. Effective January 1, 2012, the following shall be the schedule of wastewater service rates for the processing of wastewater in the City: Residential fixed charge. The following fixed charge shall be billed to all residential wastewater accounts whether there is wastewater usage or not: Residential $7.05 ---PAGE BREAK--- 13-59 Commercial, industrial, mixed use and schools fixed charge by meter size. The following fixed charge shall be billed to all commercial, industrial, mixed use, school wastewater accounts whether there is wastewater usage or not: Meter Size Fee Three-quarter-inch meter $ 13.40 One-inch meter 31.73 One-and-one-half-inch meter 77.55 Two-inch meter 141.00 Three-inch meter 296.10 Four-inch meter 535.80 Six-inch meter 1,445.11 Flat wastewater rate – metered water usage. Effective January 1, 2012, all users of the wastewater system who are metered for water usage will be billed a flat wastewater rate each month, based on the average water usage as reflected in the prior December, January and February water bills. This flat wastewater rate may be changed annually and will vary in amount, based on classification. volume-based rates per one thousand (1,000) gallons of water usage are as follows: Residential $4.08 Commercial 4.97 Municipal 4.08 Flat wastewater rate – nonmetered water usage. Effective January 1, 2012, those users of the wastewater system who are not metered for water usage will be billed a flat wastewater rate each month. The flat wastewater rates will vary in amount, based on classification. The flat wastewater rates for nonusers metered water are as follows: Residential $21.68 Multi-family Number of dwelling units x 21.68 Commercial (discharging restrooms only) 22.07 Commercial (discharging other than restrooms) 44.14 Commercial property – rated based on actual water usage. Effective January 1, 2012, any owner of commercial property in the City which receives City wastewater service may request to be billed a wastewater rate based on actual water usage each month. Such request shall be made annually on forms provided by the City. The effective date for such billing shall be the first full billing after such written request is approved. volume-based rates per one thousand (1,000) gallons of water usage for approved commercial users shall be as follows: ---PAGE BREAK--- 13-60 Commercial $4.97 (Ord. 1964 §14, 2008; Ord. 2102 2011; Ord. 2113 2011; Ord. 2124 2011) Sec. 13-16-80. Review of wastewater service charge. The City shall review the total annual cost of operation and maintenance as well as each user's wastewater contribution percentage not less often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. The City shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly. If a significant user, such as an industry, has completed in-plant modifications which would change that user's wastewater contribution percentage, the user can present, at a regularly scheduled meeting of the governing body, such factual information, and the City shall then determine if the user's wastewater contribution percentage is to be changed. The City shall notify the user of its findings as soon as possible. (Ord. 1270 1987; Ord. 2113 2011) Sec. 13-16-90. Payment of charges; lien. The owner of property served with City sanitary sewer and/or stormwater services as provided in this Article shall be responsible for all sanitary sewer and stormwater fees and charges, including plant investment fees, usage fees and charges, rates and other fees imposed by the terms and provisions of this Article and/or the City annual fee resolution. All plant investment fees, usage fees and charges, rates and charges due as a result of application of the terms and provisions of this Article and/or the City's annual fee resolution, interest and penalties as may be agreed upon or otherwise imposed and costs of collection and attorneys' fees incurred in relation thereto (hereinafter "all amounts due as a result of application of the terms and provisions of this Article") shall, from the date of mailing of notice as provided in Subsection hereof, constitute a perpetual lien on the property to which the same apply. The lien for all amounts due as a result of application of the terms and provisions of this Article shall have priority over all other liens except general taxes, special assessments, encumbrances, rights and interests filed of record in the office of the appropriate clerk and recorder prior to the date of the mailing of the notice of lien. The City shall issue a notice to the owner and/or obligor by certified mail as to all amounts due as a result of application of the terms and provisions of this Article that are delinquent. The notice shall include the name of the owner and/or obligor, the amounts due, the date of the accrual thereof and that the City claims a first and prior lien therefor on the property of the owner and/or obligor, except as to preexisting general taxes, special assessments, encumbrances, rights and interests filed of record in the office of the appropriate clerk and recorder prior to the date of mailing of the notice of lien. The attachment of such lien is not dependent on the recording of the written notice. The lien remains attached to the property from the date the notice as required herein is mailed until the amounts due are paid. In no event shall failure of the owner and/or obligor to receive notice of the amounts due as a result of application of the terms and provisions of this Article void the lien provided for in this Section. ---PAGE BREAK--- 13-61 Whenever the owner, obligor, business or property thereof subject to this Article is placed in receivership, bankruptcy or assignment for the benefit of creditors, all amounts due as a result of application of the terms and provisions of this Article shall be a prior and preferred lien against all the property of the owner and/or obligor, except as to preexisting general taxes, special assessments, encumbrances, rights and interests filed of record in the office of the appropriate clerk and recorder prior to the date of mailing notice of the lien. No sheriff, receiver, assignee or other officer shall sell the property of any person subject to this Article under process or order of any court without first ascertaining from the Finance Director the amount of any amounts due and payable under this Article, and, if there are any such amounts due, owing or unpaid, it shall be the duty of such officer to first pay the amount out of the proceeds of such sale before making payment of any monies to judgment creditors or other claims of whatever nature, except that the costs of the proceedings and other preexisting claims liens as above provided are paid. The City is not required to seek payment of any amounts due as a result of application of the terms and provisions of this Article from any person other than the owner and/or obligor. No change of ownership, occupation or possession affects the application of this Section, and the failure of any owner to discover that he or she purchased property against which a lien for amounts due as a result of application of the terms and provisions of this Article exist in no way affects such owner's liability for payment in full. Such lien may be foreclosed upon by the City at any time in the same manner as provided by the laws of the State for the foreclosure of mechanic's liens. Such lien foreclosure is subject to all rights of redemption granted by Article 39 of Title 38, C.R.S. The lien may also be enforced by certification to the appropriate county treasurer for collection by the County in the same manner as delinquent general taxes and special assessments upon such property are collected or by any other means provided by law. All amounts due as a result of application of the terms and provisions of this Article may also be collected by civil suit against the owner of the property at any time after the mailing of the notice of lien. The remedies provided under this Section are cumulative and supplemental to each other. (Ord. 1893 2006; Ord. 2113 2011) ARTICLE 13-20 Storm Drainage Management Utility Sec. 13-20-10. Authority and applicability. The City, as a Home Rule municipality has the authority under Sections 2.2, Powers, 14.1, Authority and powers, and 14.2, Utility rates and finances, of the Charter, to adopt this Article. This Article shall apply to all real property within the City limits. (Ord. 1633 2000; Ord. 2102 2011) ---PAGE BREAK--- 13-62 Sec. 13-20-20. Purpose and intent. The purpose of this Article is to promote the protection of the public health, safety and welfare from damage from storm drainage runoff by requiring that property owners in the City pay for a rational and roughly proportionate share of the cost of the facilities reasonably necessary to manage such storm drainage. It is the intent of the City Council in enacting this Article: To establish a storm drainage impact fee to finance, coordinate, design, construct, manage, operate and maintain the public facilities described herein; and To establish a reasonable storm drainage impact fee based on an analysis of the use of the land located within the City, and the impervious surface associated therewith. The City Council further finds, determines and declares that the owners of real property within the City are the ultimate beneficiaries and users of the public facilities contemplated by this Article and should fund and thereby provide the facilities and maintenance capability necessary for the reasonable control of storm drainage and management of storm drainage and also fund and thereby provide the public facilities required to convey such storm drainage from the various drainage basins to the City's major drainageways. Water from storm drainage runoff may occur which exceeds the capacity of public facilities constructed and maintained by funds made available under this Article. This Article does not imply, represent or guarantee that real property for which a storm drainage impact fee has been established and paid will at all times be free from storm drainage flooding or flood damage. This Article does not purport to reduce the need or the necessity for any property owner to obtain flood insurance. (Ord. 1633 2000; Ord. 2102 2011) Sec. 13-20-30. Definitions. The following words used in this Article have the following meanings, unless the context clearly indicates otherwise: Apartment means a structure that contains three or more dwelling units, excluding attached dwellings, as defined herein. Attached dwelling means attached dwelling units, including duplexes, town homes, patio homes and condominiums. City means the municipal government for the City of Brighton. Code means the Brighton Municipal Code. Drainage basins means an area tributary to a major drainageway. Dwelling unit means separate living quarters for one family. ---PAGE BREAK--- 13-63 EQR means Equivalent Residential Unit. Facilities means all structures, equipment and appurtenances, and all uses of land that are made in conjunction with or that are related or incidental to the construction, installation or use of the structures and equipment necessary to contain and control storm drainage, including but not limited to curbs and gutters, cross pans, pipes, collection, drainage or disposal lines, pump inlets, conduits, channels, bridges, detention/retention ponds, and all extensions, improvements, remodeling, additions and alterations thereof. Impervious areas are those areas with impervious surfaces which prevent or impede the infiltration of storm drainage into the soil as it entered in natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings and other surfaces that prevent or impede the natural infiltration of the storm drainage runoff which existed prior to development. Major drainage ways means a drainage flow path that conveys runoff. Multi-family dwelling means attached dwellings and apartments. Nonresidential property means any other real property in the City that is used for other than residential uses, including but not limited to commercial, industrial, public, church and school uses. OSP means Outfall System Plan. Public facilities means storm drainage infrastructure accepted by the City as provided in Section 13 -20-50 of this Article. Public park land means an area permanently dedicated for recreation, aesthetic educational or cultural use and generally characterized by units with natural and landscape features. Residential property means any real property that is used for residential purposes, including but not limited to single-family and multi-family dwellings and accessory uses that are customary to residential uses. Single-family dwelling means detached houses. Storm drainage means runoff caused or created by a storm event. Storm drainage impact fee means the fee created in this Article for the funding of the Utility. UDFCD means the Urban Drainage and Flood Control District. Utilities Director means the Utilities Director of the City of Brighton (the "Director"). Utility means the Storm Drainage Management Utility that is created in this Article. (Ord. 1633 2000; Ord. 1769 2003; Ord. 2102 2011) ---PAGE BREAK--- 13-64 Sec. 13-20-40. Storm Drainage Management Utility. There is hereby created a Storm Drainage Management Utility in the Department of Utilities under the control of the Director, who is authorized to implement the provisions of this Article. The owner of each parcel of real property in the City shall pay the storm drainage impact fee prescribed in Section 13-20-60 for the coordination, management, design, construction, operation, maintenance and replacement of the Storm Drainage Management Utility and its facilities. (Ord. 1633 2000; Ord. 2102 2011) Sec. 13-20-50. Use of storm drainage impact fee. The Utility shall hold all funds received by the City under this Section in a separate account to be established as the Storm Drainage Utility Fund and make expenditures thereof only for the purposes of: Administration, coordination, engineering, planning, professional services, design, construction, installation, repair, maintenance, operation, management, improvement, replacement and reconstruction of facilities in the City necessary for the Utility to reasonably handle storm drainage in the City; and The purchase of interests in real property, including, without limitation, fee simple ownership and easements that may be necessary for the Utility to construct and maintain facilities and otherwise implement the purposes of this Section. The City may pledge storm drainage impact fees collected under this Section and those anticipated to be collected to the retirement of the principal and interest of revenue, general obligation bonds or notes issued by the City for financing any of the activities and improvements set forth in Subsection above. The City may pledge storm drainage impact fees collected under this Article and those anticipated to be collected to participate with the UDFCD or other public entity or private party having a common interest in storm drainage projects or facilities that benefit the Utility. (Ord. 1633 2000; Ord. 2102 2011) Sec. 13-20-60. Storm drainage impact fee schedule. The storm drainage impact fee shall be paid at the time of application for a building permit and shall be in accordance with a schedule of fees, rates and charges as adopted by the annual fee resolution, ordinance or otherwise. The storm drainage impact fee ("fee") shall be payable in the following amounts: For all property located within the OSP Area: a. Single-family residence: three thousand six hundred eighty-five dollars ($3,685.00) per dwelling unit; b. Multi-family residence: one thousand eight hundred forty-five dollars ($1,845.00) per unit; and ---PAGE BREAK--- 13-65 c. Nonresidential, commercial, mixed use or industrial: fifty-seven cents ($0.57) per square foot of impervious surface area, including all remodels and/or additions of one thousand (1,000) square feet or greater. For all property located outside the OSP Area: a. Single-family residence: one thousand four hundred twenty dollars ($1,420.00) per dwelling unit; b. Multi-family residence: seven hundred ten dollars ($710.00) per unit; and c. Nonresidential, commercial or industrial: forty-seven cents ($0.47) per square foot of impervious surface area, including all remodels and/or additions of one thousand (1,000) square feet or greater. (Ord. 1907 §12, 2007; Ord. 2102 2011) Sec. 13-20-65. Payment and use of storm drainage impact fees. Payment of impact fees. The storm drainage impact fee herein shall be due and payable at the time a complete application for a building permit is issued. Complete application defined. An application shall not be considered complete unless and until: All of the required information and submittal material, in the amounts and dimensions required by the ordinances, rules, regulations and policies of the City, have been submitted to and received by the Department of Community Development or the Building Official as specified in this Article; and The Director of Community Development or the Chief Building Official has certified the application as complete. The decision of the Director of Community Development or the Chief Building Official with respect to completeness and applicability of submission requirements shall be final. Funds for capital improvements. All fees collected pursuant to this Article shall be deposited into the appropriate capital improvement fund of the City and shall be used for the storm drainage improvements therein identified. Fees collected from storm drainage impact fees shall be used for the purpose of capital improvements to and expansion or enhancement of storm drainage facilities associated therewith. No such funds shall be used for periodic or routine maintenance of storm drainage facilities. Lien for unpaid fees. All unpaid storm drainage impact fees shall be a lien upon each lot or parcel of land within a development from the due date thereof, as set forth herein until paid. If such fees are not paid when due, in addition to any other means provided by law, the City Clerk shall certify such delinquent charges to the treasurer of the county or counties in which the development is located, and the fees shall be collected in the same manner as though they were part of the taxes on the property. The City reserves the right to withhold or revoke any permit, certificate or other approval of an applicant or obligor of the fees or other approval to any applicant who is delinquent in the payment of the fees. (Ord. 1769 2003; Ord. 2102 2011) ---PAGE BREAK--- 13-66 Sec. 13-20-70. Certain properties exempt from fee. The following land uses are exempt from payment of the storm drainage impact fee: Public park land and open space; Public or private ponds, lakes, reservoirs, rivers, creeks, natural water courses or irrigation ditch/canal rights-of way; Public or private streets, highways, rights-of-way and alleys; Cemeteries; and Golf courses. (Ord. 1633 2000; Ord. 2102 2011) Sec. 13-20-80. Review of storm drainage impact fee. The City Council shall review the amount of the stormwater impact fee provided for in this Article from time to time as it deems necessary, and may modify the amount thereof in accordance with a schedule of fees, rates and charges as adopted by the annual fee resolution, ordinance or otherwise. (Ord. 1633 2000; Ord. 2102 2011) Sec. 13-20-81. Storm drainage maintenance fee; rates. The storm drainage maintenance fee shall be used solely for administration, engineering, professional services, design, installation, repair, maintenance, operation, management and improvement of storm drainage facilities in the City necessary for the Utility to reasonably manage storm drainage in the City. All storm drainage maintenance fee charges shall be assessed pursuant to a schedule of fees to be set by ordinance duly adopted by the City Council after review of such fee schedule as the City Council from time to time deems necessary. The following shall be the schedule of storm drainage maintenance fees: Residential, commercial, municipal potable, municipal nonpotable, industrial, mixed-use, bulk and schools fixed charge by customer type. The following fixed charges shall be billed to all water and sewer accounts. fixed charges. Effective January 1, 2012, the following fixed charges shall be billed to all water and sewer accounts whether there is water usage or not: Single-family residence $1.79 Multi-family residence 2.31 Nonresidential, commercial, mixed use or industrial 5.13 Multi-family residence 5.13 ---PAGE BREAK--- 13-67 (Ord. 2102 2011; Ord. 2124 2011)