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0604 II. ORDINANCE NO. 6 0 4 AN ORDINANCE REGULATING THE JACKSONVILLE SEWER SYSTEM, ADDING CHAPTER 13.24 TO THE MUNICIPAL CODE OF JACKSONVILLE, AND FOR OTI-IER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. There is hereby added to the MUnicipal Code of Jacksonville, Arkansas, Chapter 13.24, which reads as follows: CHAPTER 13.24 SEWER SYSTEM Sections: 13.24.01 13.24.02 13.24.03 13.24.04 13.24.05 13.24.06 13.24.07 13.24.08 13.24.09 Definitions Use of Public Sewers Required Private Sewage Disposal Building Sewers and Connections Disconnecting Sewers Industrial Waste Protection from Damage Powers and Authorities of Inspectors Penalties 13.24.01 Definitions (1) "Sewage" - Water carried human waste or a combination of water carried waste from residences, business building, in- stitutions and industrial establishments; together with such ground, surface, stOLIU or other waters that may be present. (2) "0 and M" - Operation and Maintenance (3) "POTW" - Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the Jacksonville Wastewater Utility. (4) "Wastevlater" - Industrial waste or sewage or any other waste including that which may be combined with any ground water, surface water or stOLlll water that may be discharged to the POTW. (5) Shall is mandatory, May is pe.Lluissive. (6) "Building Drain" - Shall mean that part of the lowest horizontal piping of a drainage system which receives the dis- charge from soil water and other drainage pipes outside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall. (7) "Buildil1.g Sewer" - Shall mean the extention from the building drain to the public or other place of disposal. (8) "Garbage" - Garbage shall mean solid waste from the domestic or commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce. (9) "Natural Outlet" - Shall mean any olltlet into water course, pond, ditch, lake or other body of surface or ground water~ (10) "Person" - Shall mean any individual, fiLlH, company, association, society, corporation or group. (11) "Public Sewer" - Shall mean a sewer in which all owners of the abutting properties have equal rights and is controlled by the POTW. i") (\1f""1 C" , " f.lt1 ,~, ,~~ I"" · (12) "Sanitary Sewer" - Shall mean a sewer in which sewage is carried into and which storm, surface and ground waters are not intentionally admitted. (13) "Sewer System" - Shall mean the Jacksonville Waste- water Utility as operated by the Jacksonville Sewer Commission of the City of Jacksonville, Arkansas. (14) "Sewer" - Shall mean a pipe or conduit for carrying sewage. (15) "StO.Llll Drain" (Sometimes teLllled Storm Sewer) - Shall mean a sewer which carries stO.Llll and surface water and drainage but excludes sewage and industrial waste other than unpolluted cooling water. (16) "Sewer Commission" - Shall mean the members of the Jacksonville Sewer Commission as appointed by the City Council of the City of Jacksonville, Arkansas. (17) "Manager" Shall mean the Manager of the Jacksonville Wastewater Utility of the City of Jacksonville, Arkansas, or his authorized deputy, agent or representative. (18) "Water Course" - Shall mean a channel in which the flow of waters occur either continuously or intermittently. 13.24.02 Use of Public Sewers Required (1) It shall be unlawful for any person to place deposit or peLllli t to be deposi ted in any insani tary manner on public or private property within the City of Jacksonville, Arkansas, or at any area under the jurisdiction of the said City, any human or animal excrement, garbage or other objectionable waste. (2) It shall be unlawful to discharge to any natural outlet within the City of Jacksonville, Arkansas, or in any area under the jurisdiction of the said City, any sewage or other polluted waters except where suitable treatment has been provided in accordance with provisions of this ordinance. (3) Except as here and after provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cess pool, or other facility intended to be used for the disposal of sewage. (4) The owner of all houses, buildings or properties used for employment, recreation and other purposes situated within the City and abutting on any street, alley or right away in which there is now located or may in the future be located a public sanitary sewer of the Utility is hereby required to install suitable toilet facilities therein, and to obtain a pe.Lwit to connect such facility directly with the proper public sewer in accordance with pro- visions of this ordinance within Thirty (30) days after date of official notice to do so provided that said property ~s within Three Hundred (300) feet of an accessable sewer, construction of building sewer and connection thereof, to the public sewer shall be made by the owner within Ninety (90) days unless extenuating circumstances are present and extension is granted by the Manager. 13.24.03 Private Sewage Disposal (1) Where a public sanitary sewer is not available under the provisions of Section 13.24.02, paragraph #4, the building sewer shall be connected to a private sewage disposal system com- plying with the provisions of the Section. (2) Before commencement of construction of a private sewage disposal system the owner shall first obtain wri tten pelllli ts signed by the Health Officer and the Jacksonville Sewer Commission. The applications for such peLlui ts shall be made, and the applicant shall supplement his application with any plans, specifications and other infoLlllation as deemed necessary by the Health officer and the Jacksonville Sewer Commission. -2- f) f.'~(p1~,9 D (3) The type, capacities, locations and layout of private sewage disposal systems shall comply wi th all recolllluendations of the State Department of Health of the State of Arkansas and the State Department of Pollution Control and Ecology of the State of Arkansas. (4) When a public sewer becomes available the building sewer shall be connected to said sewer within the time period designated above in Section 13.24.02, paragraph #4, and the private sewage disposal system shall be cleaned of sludge and be filled with clean bank run gravel or dirt. 13.24.04 Building Sewers and Connections (1) No unauthroized person shall uncover, make any connec- tion with or opening into, use, alter, or disturb any public sewer or appurtenance, thereof, without first obtaining a written per- mit from the Manager of the Jacksonville Wastewater Utility. (2) There shall be two classes of building sewer peLllli ts. (a) For residential and commercial service. (b) For service to establishments producing industrial waste. In either case, the owner or agent shall make application on a special form furnished by the Jacksonville Wastewater Utility. The peLllli t application shall be supplemented wd. th any plans, specifications or other information considered pertinent in the judgment of the Jacksonville Sewer Commission. A peLlui t and in- spection fee shall be paid to the Jacksonville Wastewater Utility at the time the application is filed. Coincident with application for a permit, a connection fee shall be paid to the Jacksonville Wastewater Utility. All fees shall be reasonable and will be deteL1l1ined by the Sewer Commission. (3) All cost and expenses incident to the installation and connection of the building sewer shall be born by the owner. The owner shall indell1l1ify the Jacksonville Wastewater Utili ty from any loss or damage that may directly be occasioned by the in- stallation of the building sewer. (4) A separate and independent building sewer shall be provided for every building except as follows: (a) Where mul tiple buildings are constructed in an apart-. ment complex or condiminium on a single lot or tract of land which cannot be subsequently subdivided and sold in parcels. The individual buildings may be connected to a collector build- ing sewer provided that only one person is ~esponsible for maintenance of the building sewer. (b) Temporary buildings, mobile homes or similar portable structures may be connected to a building sewer and installed to serve a previously constructed peLwanent building provided that both the peLlllanent and temporary buildings are located on the same lot. (5) Old buildings sewers may be used in the connection with new buildings only when they are found upon examination and testing by the Jacksonville Wastewater Utility inspector to meet all re- quirements of this ordinance and other rules and regulations of the Jacksonville Wastewater Utility (6) The size, slope, alignment and materials of constrl1ction of a building sewer and methods to be used in excavating placing of pipe, jointing, testing and back filling the trench shall all conform to the rules and regulations of the Utility. The build- ing and plumbing codes or other applicable rules or regulations of the City. In the absence of code previsions or in amplifica- tion, thereof, the materials and procedures set forth and appro- priate specifications of the ASTM and WPCF ManlIal Practice Number Nine shall apply. (7) Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. -3- ." ('~~(\'inO (,J '.. ~~ Jf:'-,~.~, I'r' (8) No persons shall make connection of roof down spouts, exterior foundation drains, area way drains or other sources of surface run off or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (9) The connection of the building sewer into the public sewer shall confoLlll to the rules and regulations of the Waste- water Utility. The building and plumbing codes or other applic- able rules and regulations of the Utility or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual Practice Number Nine. All such connections shall be made gas tight and water tight. Any deviation fromthe prescribed pro- cedures and materials must be approved by the Manager of the Jacksonville Wastewater Utility before installation. (10) The applicant for the building sewer pel.lui t shall no- tify the Manager of the Jacksonville Wastewater Utility when the building sewer is ready for inspection and connection to the public sewer. All portions of the building sewer from the foundation to the connection to the public sewer shall be in- spect.ed and approved by the Manager or his deputy before back filling. (11) All excavations for building sewer installations shall be adequately guarded with barricades and lights as to protect the public from hazard. Street, sidewalks, park ways and other areas disturbed in the course of the work shall be restored in a manner satisfactory to the City Public Works Department. 13.24.05 Disconnecting Sewers (1) Before any dwelling or other building being served by the public sewer is moved or demolished, the building sewer serving said building shall be disconnected from the sewer at the property line and the remaining building sewer sealed to prevent the entrance of stO.llll water and debris into the public s~wer. Prior to the demolition or moving of anyb~lding so served by the public sewer, application shall be made to the office of the Jacksonville Wastewater Utility for disconnecting seal of the building sewer. The cost of said disconnecting seal shall be set by the Jacksonville Sewer COlluuission and the disconnection of the building sewer shall be done by the Jacksonville Wastewater Utility Maintenance Forces. (2) At least three (3) days before the building is moved or demolished but after it is no longer occupied the dis- connecting seal holder shall notify the Wastewater Utility that the building sewer is ready for seal. 13.24.06 Industrial Waste Additional requirements pertaining to industrial users of the POTW shall be set forth in a separate ordinance. 13.24.07 Protection from Damage (1) No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure or appurtenance or equipment which is a part of the POTW. (2) No unauthorized person shall cover any marthole on a public sewer with earth or paving or otherwise render it tnacces- sible. (3) No unauthorized person shall remove the earth cover from a public sewer so that less than two feet of earth cover remains over the pipe bells. Approval to remove subsequent covers shall require written consent from the Manager of the Jacksonville Wastewater Utility. -4- (") ('.K:) 2:JA~ /~ (4) Any person found violating the above sections of this Section shall be subject to arrest and prosecution under the applicable criminal law. 13.24.08 Powers and Authorities of Inspectors (1) The Manager or other duly authorized employees of the Jacksonville Wastewater Utility bearing the proper credentials and identification shall be peLluitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance. The Manager or his representatives shall have no authority to inquire into the processes including metallurgical" chemical or refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (2) While perfoLllling the necessary work on a private property referred to in Section 13.24.08, paragraph #1, above the Manager or duly authorized employees of the POTW shall observe all safety rules applicable to the premises established by the company and POTW shall indemnify the company against loss or damage to its property by POTW employees growing out of gauging and sampling operations except as such may be caused by negligence or failure of company to maintain safe conditions. (3) The Manager and other duly authorized employees of the Jacksonville Wastewater Utility bearing proper credentials and identification shall be pe.Llui tted to enter all private properties through which the POTW holds a duly negotiated easement for the purposes, but not limited to, the inspection, observation, measurement, sampling, repair and maintenance of any portion of the POTW lines within said easement. All entry and subsequent work if any, on said easement, shall be done in full accordance wi th the teLHiS of duly negotiated easement pertainillg to the private property involved. (4) In addition to the provisions of this ordinance the Sewer Commission is specifically authorized to make such other reasonable rules and regulations in regard to the construction, use, and operation of sanitary sewers to be connected to or connecting into the mains of the Jacksonville Wastewater Util- ity System. Such rules and regulations so made and adopted at a regular meeting of the Sewer Commission shall become effective as follows: (a) A public notice shall be placed in a daily newspaper in the City of Jacksonville, Arkansas, one day for each of two successive weeks wi th a brief SUllll11ary of the proposed rules and regulations. (b) The proposed rules and regulations shall be avail- able for inspection and reproduction in the office of the Manager of the Wastewater Utility for Thirty (30) days fol- lowing the first publication of the public n~tice. (c) A correct copy shall be filed for peL1l1anent record with the City Clerk of the City of Jacksonville together with any written objections to the proposed rules and regulations at the end of the Thirty (30) day public review period. (d) Said rules and regulations shall become effective on the filing of said copy for peLluanent record wi th the Ci ty Clerk. 13.24.09 Penalties Any person or fi~lu found to be violating any prOV1S10n of this ordinance or ~egulations except Section 13.24.07, shall be served by the Manager with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory .correc.tion thereof, the offender shall, wi thin the period of time stated in such notice, peLlllanently cease all vio- lations. Any person who shall continue any violation beyond the time limit provided for in 13.24.09 in the first paragraph shall be -5- (){l022 IG deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in the amount, not less than Twenty-five Dollars ($25.00) nor more than Two Hundred and Fifty Dollars ($250.00) for each violation. Each day in which any such violation continues shall be deemed a separate offence. Any person violating any of the provisions of this ordinance shall become liable to the POTW for any expense, loss, or damage occasioned by the POTW by reason of such violation. SECTION 2. Severability. If any subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisd~iction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each sub- section, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more subsections, clauses, sentences, phrases or portions be declared invalid or unconstitutional. SECTION 3. All ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. APPROVED AND ADOPTED THIS 21st DAY OF AUGUST , 1980. CITY OF JACKSONVILLE, ARKANSAS /~ ATTEST: ~ 7J_,~.. D~ ~ CITY ~L~RK 7-f/' v~ CITY ATTORNEY (EMERGENCY CLAUSE NOT AFFIXED~ ORDINANCE E.FF~.CTl'V~ 21ST DAY OF SEPTEMBER, 1980) (PER: MRS. NANCY JANE GERREN, CITY CLERK) -6- ) (. .)"f~'> 3 (. ',J1~_.~j ~.;~ '