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.
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(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.
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(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.
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(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.
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(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
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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
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ATTEST:
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CITY ~L~RK 7-f/'
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CITY ATTORNEY
(EMERGENCY CLAUSE NOT AFFIXED~ ORDINANCE E.FF~.CTl'V~ 21ST DAY OF SEPTEMBER, 1980)
(PER: MRS. NANCY JANE GERREN, CITY CLERK)
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