Ordinance 854 - Regulating Use of Sewers & Drains396
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ORDINANCE NO. 854
AN ORDINANCE REGULATING THE USE OF PUBLIC SEWERS AND DRAINS, THE
INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE
OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF; DECLARING AN EMERGENCY AND PRO-
VIDING FOR EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
Section 1. There is added to the Kalispell City Code,
Chapter 23, Article III, as follows:
Article III - Regulation of Sewer Use
Section 12. Definitions:
A. "BOD" (denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory
procedure in five (5) days at 20°C, expressed in milli-
grams per liter.
B. "Building Drain" shall mean that part of the
lowest horizontal piping of a drainage system which re-
ceives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it
to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
C. "Building Sewer" shall mean the extension from
the building drain to the public sewer or other place
of disposal.
D. "Combined Sewer" shall mean a sewer receiving
both surface runoff and sewage.
E. "Garbage" shall mean solid wastes from the
domestic and commercial preparation, cooking and dis--
pensing of food, and from the handling, storage and
sale of produce.
F. "Industrial Wastes" shall mean the liquid
wastes from industrial manufacturing processes, trade
or business as distinct from sanitary sewage.
G. "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, lake or other body of sur-
face or groundwater.
,H. "Person" shall mean any individual, firm,
company, association, society, corporation or group.
I. "pH" shall mean the logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of
solution.
J. "Properly Shredded Garbage" shall mean the
wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all
particles will be carried freely under the flow condi-
tions normally prevailing in public sewers, with no
particle greater than one-half (1/2) inch (1.27 centi-
meters) in any dimension.
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R. "Public Sewer" shall mean in which all owners
of abutting properties have equal rights and is con-
trolled by public authority.
L. "Sanitary Sewer" shall mean a sewer which carries
sewage and to which storm, surface and groundwaters are
' not intentionally admitted.
K. "Sewage" shall mean a combination of the water -
carried wastes from residences, business buildings,
institutions and industrial establishments, together with
such ground, surface and stormwaters as may be present.
N. "Sewage Treatment Plant" shall mean any arrange-
ment of devices and structures used for treating sewage.
O. "Sewage Works" shall mean all facilities for
collecting, pumping, treating and disposing of sewage.
P. "Sewer" shall mean a pipe or conduit for carry-
ing sewage.
Q. "Shall" is mandatory; "May" is permissive.
R. "Slug" shall mean any discharge of water, sewage
or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period
of duration longer than fifteen (15) minutes more than
five (5) times the average twenty-four (24) hour con-
centration or flows during normal operation.
S. "Storm Drain" (sometimes termed "storm sewer")
shall mean a sewer which carries storm and surface waters
and drainage, but excludes sewage and industrial wastes,
other than unpolluted cooling water.
T. "Superintendent" shall mean the Superintendent
of Public Works of the City of Kalispell or his authorized
deputy, agent or representative.
U. "Suspended Solids" shall mean solids that either
float on the surface of, or are in suspension in water,
sewage or other liquids, and which are removable by
laboratory filtering.
V. "Watercourse" shall mean a channel in which a
flow of water occurs, either continuously or intermittently.
W. "Hearing Board" shall mean that Board that may be,
appointed to conduct hearings.
Section 13. Use of Public Sewer Required: It shall be
unlawful to discharge to any natural outlet within the
City of Kalispell, or in any area under the jurisdiction
of said City, any sewage or other polluted waters, except
' where suitable treatment has been provided in accordance
with subsequent provisions of this ordinance.
Section 14. Building Sewers and Connections:
A. No person_ shall make connection of roof down-
spouts, exterior foundation drains, areaway drains or
other sources of surface runoff or groundwater to a
building sewer or building drain which in turn is con-
nected directly or indirectly to a public sanitary sewer.
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B. The connection of the building sewer into the
public sewer shall conform to the requirements of the
building and plumbing code or other applicable rules and
regulations of the City of Kalispell or the procedures
set forth in appropriate specifications of the A.S.T.M.
and the W.P.O.F. Manual of Practice No. 9. All such
connections shall be made gastight and watertight. Any ,
deviation from the prescribed procedures and materials
must be approved by the Superintendent before installation.
Section 15. Use of the Public Sewers:
A. No person shall discharge or cause to be dis-
charged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling water
or unpolluted industrial process waters to any sanitary
sewer.
B. Stormwater and all other unpolluted drainage
shall be discharged to such sewers as are specifically
designated as combined sewers or storm sewers, or to a
natural outlet approved by the Superintendent. Industrial
cooling water or unpolluted process waters may be dis-
charged, on approval of the Superintendent, to a storm
sewer, combined sewer or natural outlet.
C. No person shall discharge or cause to be di:. -
charged any of the following described waters or wast s
to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or gas., '
(2) Any waters or wastes containing toxic or
poisonous solids, liquids or gases in sufficient
quantity, either singly or by interaction with
other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to
humans or animals, create a public nuisance, or
create any hazard.in the receiving waters of the
sewage treatment plant, including but not limiter
to cyanides in excess of two (2) m9/1 as CN in the
wastes as discharged to the public sewer.
(3) Any waters or wastes having a pH lower than
(5.5), or having any other corrosive property
capable of causing damage or hazard to structures,
equipment and personnel of the sewage works.
(4) Solid or viscous substances in quantities or
of such size capable of causing obstruction to the
flow in sewers or other interference with the
proper operation of the sewage works such as, but
not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, whole blood, '
paunch manure, hair and fleshings, entrails and
paper dishes, cups, milk containers, etc. either
whole or ground by garbage grinders.
D. No person shall discharge or cause to be dis-
charged the following described substances, materials,
waters or wastes if it appears likely in the opinion of
the Superintendent that such wastes can harm either the
sewers, sewage treatment process or equipment, have an
adverse effect on the receiving stream or can otherwise
endanger life, limb, public property or constitute a
nuisance. In forming his opinion as to the acceptability
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of these wastes, the Superintendent will give consideration
to such factors as the quantities of subject wastes in
relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage
tzez.tr.ent plant and other pertinent factors. The sub-
' stanc�:s prohibited are:
(1) Any liquid or vapor having a temperature higher
than one hundred fifty (150)'F (65°C).
(2) Any water or waste containing fats, wax, grease
or oils, whether emulsified or not, in excess of
o,t- hundred (100) mg/1 or containing substances
t.,'.4ch may solidify or become viscous at temperatures
b:tween thirty-two (32) and one hundred fifty (150)°F
(0 and 65'C).
(3) Any garbage that has not been properly shredded.
The installation and operation of any garbage
grinder equipped with a motor of three -fourths
(3/4) horsepower (0.76 hp metric) or greater shal.L
be subject to the review and approval of the Super-
intendent.
(4) Any waters. or wastes containing strong acid
icon pickling wastes or concentrated plating
.'solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium,
copper, zinc and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine
requirement, to Euch degree that any such material
received in the composite sewage at the sewage
treatment works exceeds the limits established by
the Superintendent for such materials.
(6) Any waters or wastes containing phenols or other
taste -.or odor -producing substances, in such con-
contrations exceeding limits which may be established
by the Superintendent as necessary,after treatment
of the composite sewage, to meet the requirements of
the State, Federal or other public agencies of
jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-
life or concentration as may exceed limits established
by the Superintendent in compliance with applicable
State or Federal regulations.
(8) Any waters or wastes having a pH in excess of
(9.5).
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers earth,
lime slurries and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride
and sodium sulfate).
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(b) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(c) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities as to con-
stitute a significant load on the sewage treatment
works.
(d) Unusual volume of flow or concentration of
wastes constituting "slugs" as defined herein.
(10) Waters or wastes containing substances which
are not amenable to treatment or reduction by the
sewage treatment processes employed or are amenable
to treatment only to such degree that the sewage
treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge
to the receiving waters.
E. If any waters or wastes are discharged or are
proposed to be discharged to the public sewers, which
waters contain the substances or possess the characteristics
enumerated in Section 15 of this Article, and which in
the judgment of the Superintendent, may have a deleterious
effect upon the sewage works, processes, equipment or
receiving waters, or which otherwise create a hazard to
life or constitute a public nuisance, the Superintendent
may: .
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition ,
for discharge to the public sewers;
(3) Require control over the quantities and rates of
discharge; and/or
(4) Require payment to cover the added cost of
handling and treating the wastes not covered by
existing taxes or sewer charges under the provisions
of Section 9 of this article.'
If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation
of the plants and equipment shall be subject to the
review and approval of the Superintendent, and subject:
to the requirements of all applicable codes, ordinance:;
and laws.
F. Grease, oil and sand interceptors shall be pro-
vided when, in the opinion of the Superintendent, they
are necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or any flammable
wastes, sand, or other harmful ingredients; except that
such interceptors shall not be required for private '
living quarters or dwelling units. All interceptors
shall be of a type and.capacity approved by the Superin-
tendent and shall be located as to be readily and easily
accessible for cleaning and inspection.
G. Where preliminary treatment or flow -equalizing
facilities are provided for any waters or wastes, they
shall be maintained continuously in satisfactory and
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(b) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(c) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities as to con-
stitute a significant load on the sewage treatment
works.
(d) Unusual volume of flow or concentration of
wastes constituting "slugs" as defined herein.
(10) Waters or wastes containing substances which
are not amenable to treatment or reduction by the
sewage treatment processes employed or are amenable
to treatment only to such degree that the sewage
treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge
to the receiving waters.
E. If any waters or wastes are discharged or are
proposed to be discharged to the public sewers, which
waters contain the substances or possess the characteristics
enumerated in Section 15 of this Article, and which in
the judgment of the Superintendent, may have a deleterious
effect upon the sewage works, processes, equipment or
receiving waters, or which otherwise create a hazard to
life or constitute a public nuisance, the Superintendent
may: .
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition ,
for discharge to the public sewers;
(3) Require control over the quantities and rates of
discharge; and/or
(4) Require payment to cover the added cost of
handling and treating the wastes not covered by
existing taxes or sewer charges under the provisions
of Section 9 of this article.'
If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation
of the plants and equipment shall be subject to the
review and approval of the Superintendent, and subject:
to the requirements of all applicable codes, ordinance:;
and laws.
F. Grease, oil and sand interceptors shall be pro-
vided when, in the opinion of the Superintendent, they
are necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or any flammable
wastes, sand, or other harmful ingredients; except that
such interceptors shall not be required for private '
living quarters or dwelling units. All interceptors
shall be of a type and.capacity approved by the Superin-
tendent and shall be located as to be readily and easily
accessible for cleaning and inspection.
G. Where preliminary treatment or flow -equalizing
facilities are provided for any waters or wastes, they
shall be maintained continuously in satisfactory and
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effective operation by the owner at his expense.
Section 16. Protection from Damage: No unauthorized
person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any
structure, appurtenance or equipment which is a part of
the sewage works. Any person violating this provision
' shall be subject to immediate arrest under charge of dis-
orderly conduct.
Section 17. Powers and Authority of Inspectors:
R. The Superintendent and other duly authorized
employees of the City of Kalispell bearing proper creden-
t'_c.]s and identification shall be permitted to enter all
properties for the purposes of inspection, observation,
m,::asurement, sampling and testing in accordance with the
provisions of this ordinance. The Superintendent or his
representatives shall have no authority to inquire into
any processes including metallurgical, chemical, oil,
refining, ceramic, paper or other industries beyond that
point having a direct bearing on the kind and source of
discharge to the sewers or waterways or facilities for
waste treatment.
B. While performing the necessary work on private
properties referred to in Article III , Section 17 above,
the Superintendent or duly authorized employees of the
City of Kalispell 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
employees andtheCity shall indemnify the company against
loss or damage to its property by City employees and
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against liability claims and demands for personal injury
or property damage asserted against the company and grow=
ing 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 hereby.
C. The Superintendent and other duly authorized
employees of the City bearing proper credentials and iden-
tification shall be permitted to enter all private proper-
ties through which the City holds a duly negotiated
eas�Zrs::nt for the purposes of., but not limited to, inspec-
ti-on, observation, measurement, sampling, repair and
maintenance of any portion of the sewage works lying
within said easement. All entry and subsequent work, if
any, on said easement, shall be done in full accordance
With the terms of the duly negotiated easement pertaining
to the private property involved.
Section 18. Penalties:
A. Any person found to be violating any provision of
this ordinance except Section 16 shall be served by the
' City of Kalispell with written notice stating the nature
of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender
shall, within the period of time stated in such notice,
permanently cease all violations.
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B. Any person who shall continue any violation be-
yond the time limit provided for in this section, shall
be guilty of a misdemeanor, and on conviction thereof
shall. be fined in the amount provided in Section 1-9 of
the Kalispell City Code for each violation. Each day in
which any such violation shall continue shall be deemed
a separate offense.
C. Any person violating any of the provisions of
this ordinance shall become liable to the City of Kalispell
for any expense, loss or damage occasioned by the City by
reason of such violation.
Section 2. All sections of the Kalispell City Code inconsistent
with the provisions of this ordinance are hereby repealed.
Section 3. An emergency is hereby proclaimed of immediate
nece— ss y for the health and safety of the City of Kalispell
and this ordinance shall be effective immediately upon passage
and approval.
THE CITY COUNCIL'OF THE CI Y OF KALISPELL, MONTAAA,
ED BY THE MAYOIt� THIS 1ST DAY OF MARCH , 1976.
'Bea -sle ,
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I, Ge cardsle ity C erk of t
the day of , 1
in m office, and th6 same remained
Is a true and correct copy of the or
Norma E. Happ, Mayor
f Kalispell,
I osted a cop
Co a period
a passed by,
¢nta a, do certify that on
f t e foregoing ordinance
five ays, and the fpregot