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ORDINANCE 2013-13 AN ORDINANCE AMENDING TITLE VIII, CHAPTER 3, ARTICLE I AND ARTICLE II OF THE CODY CITY CODE PERTAINING TO SEWERS AND SEWAGE DISPOSAL BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING, as follows: Title 8, Chapter 3, Articles I and II of the Cody City Code are hereby amended by replacing Articles I and II as follows: Article I. Sewer Connections 8-3-1: Permit; Required 8-3-2: Permit; Plant Investment Fees 8-3-3: Permit; Record Of Permits 8-3-4: License; Required 8-3-5: License; Revocation 8-3-6: Inspections 8-3-7: Noncomplying Connections Declared A Nuisance; Disconnection 8-3-8: Order By Council To Connect Improved Property To City Sewer; Obedi- ence To Order 8-3-9: Application For Connection To Sewerage System 8-3-10: Application For Connection To Sewerage System; Costs 8-3-10-1: Discharges Into System 8-3-10-2: Sewer Use Fees; Schedule 8-3-10-3: Sewer Use Fees; Time Of Payment; Failure To Pay 8-3-10-4: Review Of Sewer Use Fees 8-3-1: PERMIT; REQUIRED: It is unlawful for any person to tap or make connection with any main or sewer district installed in the city without first obtaining a permit for same from the city clerk as here- inafter provided. (1960 Compilation § 13-101) 8-3-2: PERMIT; PLANT INVESTMENT FEES: Permits to connect to the city sanitary sewerage system shall be issued by the building inspector on application as provided in section 8-3-9 of this chapter and the payment of a plant investment fee as follows: A. Plant Investment Fees shall be based on water tap size to the Family Dwelling or Commercial Facility as outlined in the following table. ---PAGE BREAK--- Plant Investment Fees Water Tap Size - Inch- es Water EDU/TAP Size Sewer Invest- ment Fee Per Tap Size 3/4 1 $500.00 1 2 $1,000.00 1.5 4 $2,000.00 2 7 $3,500.00 3 16 $8,000.00 4 28 $14,000.00 6 60 $30,000.00 B. Multiple-Family Dwelling Units, Including Apartment Houses: 1. Within the city limits: As outlined in the table above or Five hundred dollars ($500.00) per unit. The higher cost prevails. 2. Outside the city limits: As outlined in the table above or Seven hundred fifty dollars ($750.00) per unit. The higher cost prevails. 3. An additional fee of one hundred fifty dollars ($150.00) will be required if the property served requires the use of an existing sewer lift station and the property served is out- side the established lift station boundaries. C. All Others: 1. Inside the city limits: As outlined in the table above or Five hundred dollars ($500.00) for each five thousand (5,000) gallons of estimated water usage. The higher cost pre- vails 2. Outside the city limits: As outlined in the table above or Seven hundred fifty dollars ($750.00) for each five thousand (5,000) gallons of estimated water usage per month. The higher cost prevails. 3. An additional fee of one hundred fifty dollars ($150.00) will be required for each five thousand (5,000) gallons of estimated water usage per month if the property served re- quires the use of an existing sewer lift station and the property served is outside the es- tablished lift station boundaries. D. Consent To Annexation Required: Before any permit to connect property outside of the city limits to the city sanitary sewerage system shall be issued, the owner of the property to be served shall execute and record a consent that the property served may at any time in the future be annexed to the city without objection by the current or subsequent owner. 8-3-3: PERMIT; RECORD OF PERMITS: The Public Works Director shall keep record of all sewer permits herein provided for which shall contain the name of the applicant, the date of application and permit, the name of the owner of the lot, and the number of the lot to be drained by the proposed sewer. Such record shall be preserved by the Public Works Director and shall be open to the public at all times. 8-3-4: LICENSE; REQUIRED: It is unlawful for any person to do or perform the work of making any sewer connec- tions or construct any private sewer for the purpose of connecting with the main or any sewer district in the city, unless such person is one of the following: ---PAGE BREAK--- A. A licensed plumber as provided in section 9-3-1 of this code for a class B license. B. A licensed general contractor as provided in section 9-3-1 of this code for a class A license and until such person has provided proof of insurance as provided in section 9-3-5 of this code. C. A contractor that is insured as a excavation contractor, has provided proof of insur- ance as provided in section 9-3-5 of this code, and has been approved by the public works director and/or his/her designee for this type of work. D. A contractor hired by the city to complete a bid project that is inspected and super- vised by a licensed professional engineer. 8-3-5: LICENSE; REVOCATION: The license required by section 8-3-4 of this chapter may be revoked by the governing body at any time upon the satisfactory evidence that the licensee has not complied with the regulations of this chapter and title 9 of this code, or is otherwise incompetent. 8-3-6: INSPECTIONS: Whenever a connecting sewer shall be constructed as herein provided, the person con- structing the same and making the connection shall leave the same uncovered and open until the work shall be inspected and approved by the Building Official. 8-3-7: NONCOMPLYING CONNECTIONS DECLARED A NUISANCE; DISCONNECTION: All connections made under the provisions of this article shall be made in such a man- ner as the Building Official shall direct. If any such connecting sewer shall be built or constructed otherwise than in strict com- pliance with the terms and requirements of this chapter and title 9 of this code, the same shall be declared a nuisance, and shall be abolished or abated according to law and shall be immediately disconnected from the main or sewer district until the same is made to comply with the provisions of this chapter and title 9 of this code. (1960 Compilation § 13-104) 8-3-8: ORDER BY COUNCIL TO CONNECT IMPROVED PROPERTY TO CITY SEWER; OBEDIENCE TO ORDER: Whenever the governing body shall deem it necessary for sanitary purposes and the general health and welfare of the city that all of the improved property within any sewer district of the city be connected with the main or sewer district located in such district and provided for that purpose, the governing body shall have the authority to so order and direct. Thereupon, it shall become the duty of any property owner so designated or included within such order, within five days, or such other time as therein set forth, after the service upon such owner or the occupant of the premises, of a copy of such or- der, to commence and prosecute with due diligence the work of making and construct- ing such sewer and its connection with the main or district sewers as directed in the or- der. (1960 Compilation § 13-105) 8-3-9: APPLICATION FOR CONNECTION TO SEWERAGE SYSTEM: A. Any owner of property desiring to make sewer connections to the city sanitary sew- erage system shall make application with the city on a form prescribed by the city for utility services. By making application, the applicant shall be deemed to have agreed that a sewer connection shall be done with materials and according to plans and spec- ---PAGE BREAK--- ifications as may be prescribed and required by the city engineer, and subject to all orders, rules and regulations of the city. B. Applications by owners of property outside the established city limits shall require the approval of the governing body before a permit to connect may be issued. The governing body shall be under no obligation whatsoever to approve an application by an owner of property outside the established city limits and may in its sole and abso- lute discretion deny such an application for any reason or no reason. Any application by an owner of property outside the established city limits shall include an engineer- ing analysis by an engineer or firm acceptable to the city, of the capacity of the re- ceiving line or lines and an analysis of the expected effluent if the connection is for a use other than a single-family dwelling unit, a multiple-family dwelling unit or apartment house. 8-3-10: APPLICATION FOR CONNECTION TO SEWERAGE SYSTEM; COSTS: Any property owner desiring to make such sewer connection as referred to in section 8- 3-9 of this chapter shall pay all costs of the installation, inspection and other expenses in connection with the work of installing such sewer connection from the point where the sewer connection connects with the adjacent sanitary sewer to the property line of the property to be served by such sewer connection. In addition thereto, the property owner shall pay to the city treasurer the sum of one hundred dollars ($100.00). (1960 Compila- tion § 13-107) 8-3-10-1: DISCHARGES INTO SYSTEM: It shall be unlawful to permit or cause the flow of any of the following substances into the sanitary sewer system of the city: A. PROHIBITED DISCHARGES: The discharge of any waters containing any substance or any toxic or poisonous sol- ids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, as determined by the city, to contaminate the sludge (biosolids) of any mu- nicipal system, or to injure or interfere with any wastewater conveyance or treatment process, constitute a hazard to humans or animals, creates a public nuisance, or create any hazard in or have an adverse effect on the water receiving any discharge from the wastewater treatment works is hereby prohibited. B. PROHIBITION OF GROUNDWATER HEAT PUMP DISCHARGES, DRAINAGE WATER, AND RUNOFF: The discharge from groundwater heat pumps or from groundwater heating or cooling systems, roof downspouts, exterior foundation drains, areaway drains, storm-water drains, or other sources of surface runoff or groundwater to a building or a public sanitary sewer is hereby prohibited. C. PRETREATMENT: The city may require pretreatment of any discharge to the municipal sewer system that may be detrimental to the wastewater conveyance or treatment structures or pro- cesses, or that may be detrimental to compliance with any federal or state discharge limitation. Pretreatment prior to discharge to the municipal system may be required to meet requirements established by the city for any substance, or may be required for the complete elimination of a substance prior to discharge. D. PROHIBITION OF SEPTIC TANK WASTES, CHEMICAL TOILET WASTES, AND VAULT TOILET WASTES: The discharge of any wastes from septic tanks, chemical toilets, vault toilets, and the biosolids or other wastes from any other wastewater treatment facility to the munici- pal wastewater conveyance or treatment system is prohibited. E. DAMAGE TO FACILITIES: ---PAGE BREAK--- In the event that either wastewater conveyance or treatment structures or processes are damaged, or the flow through said structures or processes is hampered by a cus- tomer’s wastewater discharge, the city may make or require to be made, at the cus- tomer’s expense, such repairs as are necessary to restore conveyance or treatment structures or processes to normal system operations. 8-3-10-2: SEWER USE FEES; SCHEDULE: A. There is hereby levied and assessed a service charge against any entity or person in the city requiring sewage disposal into the sanitary sewer system as follows: A minimum charge for the water measured through each water meter based upon the size of the water meter as follows: Meter Size Minimum Charge 3/4 inch $ 10.14 1 inch $ 20.28 11/2 inch $ 40.56 2 inch $ 70.98 3 inch $162.24 4 inch $283.92 6 inch $608.40 Plus $1.84 per 1,000 gallons per month of water metered. B. For those entities or persons connected to the sanitary sewer system, but not receiv- ing water from the city water system, the charge shall be nineteen dollars and thirty four cents ($19.34) per month. C. The city has determined that the average total suspended solids (TSS) and five day biochemical oxygen demand (BOD) daily loadings for the average residential user are two hundred (200) ppm BOD and two hundred fifty (250) ppm TSS. The city has assessed a surcharge rate for all nonresidential users discharging wastes with BOD and TSS greater than the average residential user. The surcharge will be sufficient to cover the costs of treating such user's above normal strength wastes. Such users will pay an additional service charge of 7.4 cents per month per one thou- sand (1,000) gallons for each twenty five (25) ppm over two hundred (200) ppm BOD, and 7.4 cents per month per one thousand (1,000) gallons for each twenty five (25) ppm over two hundred fifty (250) ppm TSS. The minimum flow rate to be used for both BOD & TSS calculations shall be the assumed equivalent single res- idential unit flow rate of 5,000 gallons per month. The City will periodically sample wastewater discharges for nonresidential users discharging to the wastewater system as determined necessary by the City Administrator, or by his/her designee, to determine the billing rates for non-residential users in association with the above out- lined costs. Nonresidential users will be notified of sampling results if changes to charges for their facility are warranted b the results of the testing. Nonresidential us- ---PAGE BREAK--- ers may present sample results of their own to the governing body if they want to dispute increases in charges as a result of high TSS or BOD findings. 8-3-10-3: SEWER USE FEES; TIME OF PAYMENT; FAILURE TO PAY: All bills for use of wastewater service furnished shall be due and payable within fifteen (15) days of the bill date. Payment of bills shall be as outlined in the city electric ordi- nance, chapter 1 of this title. 8-3-10-4: REVIEW OF SEWER USE FEES: 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 review the system as necessary to assure equity of the service charge system estab- lished 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 indus- try, 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. Article II. Privy Vaults, Cesspools And Grease Traps 8-3-11: Privies, Cesspools, Etc., Declared Nuisances; Removal Where City Sewer Available 8-3-12: Cleaning Generally 8-3-13: Abandonment Of Privy Vaults And Cesspools 8-3-14: Removal And Transportation Of Contents; Designation Of Dumping Ground 8-3-15: Deposit Of Contents Not Permitted In City, Etc. 8-3-11: PRIVIES, CESSPOOLS, ETC., DECLARED NUISANCES; REMOVAL WHERE CITY SEWER AVAILABLE: In the interests of sanitation and the protection of public health, any and all privy vaults and cesspools within the city or its police jurisdiction are hereby declared to constitute a nuisance and a menace to health, and the same shall be removed whenever a connection to a city sewer is available. 8-3-12: CLEANING GENERALLY: All grease traps shall be cleaned once in April or May and once in September or Octo- ber, and more often if so ordered by the Administrator or his/her designee. The City of Cody must also receive a notice from the grease trap cleaner certifying that an estab- lishment has had their grease trap cleaned as outlined above. All privy vaults and cess- pools must be cleaned whenever the contents thereof shall be within two feet of the top or surface of the ground. 8-3-13: ABANDONMENT OF PRIVY VAULTS AND CESSPOOLS: Whenever the use of any privy vault or cesspool is discontinued, such vault or cesspool must be cleaned to the bottom and filled with earth or other suitable material. Such work shall be done under the supervision of the city engineer. ---PAGE BREAK--- 8-3-14: REMOVAL AND TRANSPORTATION OF CONTENTS; DESIGNATION OF DUMPING GROUND: The contents of privy vaults, grease traps or cesspools shall be removed therefrom and transported through any alley, street or public place within the city only in the most im- proved sanitary manner, using airtight covered tanks, so as to prevent the escape of any noxious or offensive odors, and preserve such contents from sight or exposure during transportation. All appliances and vehicles used in such cleaning and removal shall be maintained in perfect sanitary condition, subject at all times to inspection by the city engineer or his/her designee. The city engineer or his/her designee shall designate the dumping grounds upon which such material shall be disposed of. 8-3-15: DEPOSIT OF CONTENTS NOT PERMITTED IN CITY, ETC.: No night soil, grease trap or cesspool matter shall be deposited or buried in or on any premises within the city or its police jurisdiction. PASSED ON FIRST READING 21, 2013______ PASSED ON SECOND READING June 2, PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING ___June 18, 2013_____ Nancy Tia Brown, Mayor ATTEST: D Baker Administrative Services Officer