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HomeMy WebLinkAboutProperty #: 123456 - 6/15/20222009082710223 City Clerk's Office Ordinance Indexii Functional Filing Number 801-4 Form Ordinance # 1089 Names & Location Name [1] Name [2] Name [3] Location Indexing Information Index By Scanned By Microfilmed By BL 7-8-2010 Rev 2009-08-27A AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REPEAL- ING ARTICLE II OF CHAPTER 29, CODE OF THE CITY OF GLENDALE ENTITLED SEWERS; ADOPTING A NEW ARTICLE II OF CHAPTEr2 2 .CODE OF THE CITY OF GLENDALE ENTITLED SEWERS; PROVIDING FOR THE EFFECTIVE DATE OF UGUST 14, 1979, FOR THE NEW SEWER CODE; AND DECLARING N EMERGENCY WHEREAS, sufficient laws governing the use of the City's sewer system are required -for the protection of the public health, safety and welfare; and WHEREAS, the existing ordinances of the City of Glendale need to be amended in order to comply with applicable provisions of Public Law 92-500, the Water Pollution Control Act and Public Law 95-217 the Clean Water Act of 1977; and WHEREAS, it has been found necessary for the public health, safety and welfare of the City of Glendale that laws governing the use of the City's sewer system shall be enacted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: SECTION 1. That Article II of Chapter 29, Code of the City of Glendale entitled Sewers is hereby repealed. SECTION 2. That Article II of Chapter 29, Code of the City of Glendale entitled Sewers is hereby adopted to read as follows: "Article II. Sewers. Division I. General. Sec. 29-19. Definitions. For the purpose of this chapter, the following words and terms shall have the following meanings, unless the context indicates otherwise: Approved laboratory procedures - The measurements, tests and analyses of the characteristics of water and wastes in accordance with analytical procedures as established in Title 40, Code of Federal Regulations, Part 136 as revised. Average quality - The arithmetic average (weighted by flow value) of all the "daily determinations of concentration;" as that term is defined herein, made during a calendar month. SOD biochemical oxygen demand) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory condi- 27 tions for five (g) days at a temperature of twenty (20) degrees centigrade, expressed in milligrams per liter. Branch sewer - An arbitrary term for a sewer which receives sewage from lateral sewers from a relatively small area. Building connection or sewer tap - The connection to the public sewer and the extension therefrom of the sewer to the property line in an alley or street, or to the easement line in an easement, whichever is applicable, depending on the location of the public sewer. . Building official - The Director of Engineering and Development, or his authorized representative. Building sewer - The extension from the building drain to the building connection or other place of disposal. City - City of Glendale. COD (chemical oxygen demand) - The quantity of oxygen consumed from a chemical oxidation of inorganic and organic matter present in the water or wastewater, expressed in milligrams per liter. Cooling water - The clean wastewater discharged from any heat transfer system such as condensation, air conditioning, cooling or refrigeration. Daily composite sample - A sample of effluent continuously collected over a normal operating day. Daily composite sample quality - The concentration of some parameter tested in a "daily composite sample," as that term is defined herein, and reported proportional to flow. Daily determination of concentration - For composite samples, "daily determination of concentration" shall be the same as "daily composite sample quality," as that term is defined herein. For grab samples, the "daily determination of concentration" shall be the arithmetic average (weighted by flow value) of all "grab sample qualities," as that term is defined herein, determined for any calendar day. Developer - Any person engaged in the organizing and financing of a sewage collecting system within an area contributing to a branch, main, or a trunk sewer of the City sewer system. Such may be either a subdivider or a legally constituted improvement district. Director Director of Engineering & Development or his authorized deputy, agent, or representatives shall have the authority to make regulations for the design and construction of the city's sewer system. He shall issue all 28 permits for the con_truction and connection to the system, and collect all fees for the same. He shall negotiate all agreements with all parties relative to expansion or joint use by others. Director of General Services or his authorized deputy, agent, or representatives shall have authority over all field operations of the City's sewer system, including flow test measurements, quality of waste, service connections, line construction plus the operation and maintenance of all sewer system facilities. Director of Finance or his authorized deputy, agent, or representative shall have the authority to determine and collect all flow service rates and to make such regulations as necessary for same, including the order- ing of a discontinuance of service for non-payment of required service fees. Discharge - The disposal of sewage, water or any liquid from any sewer user into the sewerage system. Domestic waste - A typical, residential -type waste which requires no pretreatment under the provisions of this chapter before discharging into the sanitary sewer system, excluding all commercial, manufacturing and industrial wastes. Establishment, plant - Any establishment or plant producing liquid waste, with or without suspended solids, required to be discharged into the city sewer system. Garbage - Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce. Grab sample - An individual sample of effluent collected in less than fifteen (15) minutes. Grab sample quality - The concentration of some parameter tested in a grab sample, as that term is defined herein. Industrial cost recovery - Recovery by the city from the industrial users of the sewer system of the Federal grant amount allocable to the treat- ment of wastes for such users. Industrial cost recovery period - The industrial cost recovery period shall be equal to thirty (30) years from the date of completion of the facilities. W Industrial user (a) - Any nongovernmental, nonresidential user of the sewer system which discharges more than the equivalent of 25,000 gallons per day of domestic wastes and which is identified in the Standard In- dustrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions: Division A. Agriculture, Forestry, and Fishing. Division B. Mining. Division D. Manufacturing. Division E. Transportation, Communications, Electric, Gas, and Sanitary Services. Division I. Services. (b) Any nongovernmental use of the sewage works which discharges waste- water to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of the sewage works to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters I receiving any discharge from the sewage treatment plant. . Industrial waste,- Any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without suspended solids excluding uncontaminated water. Industrial Wastewater Discharge Permit - The permit granted by the City of Glendale to an industrial user granting the right to discharge to the sewer works subject to the terms and conditions set forth in the permit. Inflow - Water other than wastewater that enters a sewer system (including sewer service connections) from sources such as roof leaders, cellar drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Interference - Inhibition or disruption of the sewer system, treatment processes or operations which contribute to a violation of any require- ment of a national pollutant discharge elimination system permit. The 30 A term includes prevention of sewage sludge use or disposal by the cities in accordance with section 405 of the Act, or any criteria guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the City of Glendale. Lateral sewer - A sewer which discharges into a branch or other sewer and has no other common sewer tributary to it. Main sewer - A sewer which receives sewage from two or more branch sewers as tributaries. Natural outlet - Any outlet into a watercourse, ditch, or other body of surface or ground water. Maintenance - Keeping the treatment works in a state of repair, including expenditures necessary to maintain the capacity (capability) for which said works were designed and constructed. Permittee, permit holder - Any person, firm, association, corporation or trust which owns, operates, processes or controls an establishment or plant being operated under a valid industrial waste permit to discharge waste into the city sewer system. pH —The logarithm of reciprocal of the weight of hydrogen ions in grams per liter of solution. Producer - Any person, firm, association, corporation or trust which owns, operates, possesses or controls an establishment or plant, whether or not a permittee. Properly shredded garbage - Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions nor- mally prevailing in public sewers, with no particle greater than one-fourth of an inch in any dimension. Public sewer - A lateral, branch, main or trunk sewer controlled and main- tained by the City of Glendale. Replacement - Those expenditures made for obtaining and installing equip- ment, accessories and/or appurtenances during the useful life of the treatment works which are necessary to maintain the capacity and performance of the treatment works for which they were designed and constructed. 31 Sanitary sewer - A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Sewage - A combination of water -carried wastes from residences, business buildings, institutions, and industrail establishments, together with such ground, surface, and storm waters as may be present. Sewage treatment plant - Any arrangement of devices and structures used for treating sewage. Sewage works - All facilities for collecting, pumping, treating, and dis- posing of sewage. As used in this Ordinance the terms sewer system or sewerage works shall have the same meaning and definition as sewage works. Sewer - A pipe or conduit for carrying sewage. Sewer tap - See "Building connection." Standard industrial classification - (SIC) A coded classification of industries based upon economic activity developed by the U.S. Department of Commerce as published in the Standard Industrial Classification Manual, 1972, Office of Management and Budget. Standard methods - The procedure as described in the most current edition of Standard Methods for the Examination of Water and Wastewater published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes published by the U.S. Environmental Protection Agency. Storm sewer or storm drain - A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. Suspended solids (SS) - Solids measured in milligrams per liter that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtra- tion device, as defined in the "Standard methods" as defined herein. System design capacity - The design capacity for normal domestic waste- water as established by accepted engineering standards. Total organic carbon (TOC) - The total of all organic compounds expressed in milligrams per liter as determined by the combustion -infrared method prescribed by approved laboratory procedures. Treatment parameter - A fundamental characteristic of sewage around which treatment is designed, such as, but not limited to, flow, BOD, and sus - 32 pended solids. Trunk sewer - A sewer which receives sewage from many tributary main sewers and serves as an outlet for a large territory. User - Any person, lot, parcel of land, building, premises, municipal corporation or other political subdivision that discharges, causes or permits the discharge of wastewater into the sewage system. Watercourse - A channel in which a flow of water occurs, either con- tinuously or intermittently. Sec. 29-20. Water and Sewer Works. For the proper administration of the Water and Sewer Works, there shall be appointed by the City Manager from the proper civil service classified lists a General Service Director, Director of Engineering & Development, Finance Director, and such other additional personnel as may be required for the operation of the Water and Sewer Works. Sec. 29-21. Interference with the General Services Department: digging up streets without a permit; tampering with equipment prohibited. Every person who shall in any way interfere with employees of the General Services Department in any discharge of their duties, either in the tapping of any sewer pipe, main, or lateral belonging to the City, or the cleaning, laying, or connection of any such pipe or main or lateral, or who shall dig up or cause to be dug up, any street or alley in the City for the purpose of connecting with the sewer system of the City without first obtaining a permit from the Director of Engineering and Development, or who, having a permit, shall dig up any portion of any street or alley of the City for the purpose of connecting with the sewer system of the City and shall fail or neglect to place the street or alley in its original condition, or who shall maliciously or willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewer system shall be guilty of a misdemeanor. Sec. 29-22. Property owner responsible for cleaning, repair and replacement of building sewers and connections. (a) The property owner shall be responsible for the cleaning, un- stopping, maintenance and repair of the building connection piping serving his property from his home or building to the public sewer line. 33 0 (b) Where the correction of a stoppage requires the repair or replacement of a damaged or broken section of the building connection, and the damaged or broken section is located off -property in a street or alley, the necessary repairs must be made by a licensed contractor, the scope of which licenses allows him to work within a public right of way subject to securing a right of way permit from the Engineering & Development Department. 34 Division II. Use of Public Sewers and Limitations. Sec. 29-23, Unsanitary disposal of excrement prohibited. It shall be unlawful for any person to deposit, or permit to be deposited, in an unsanitary manner, upon public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement or other objectionable waste. Sec. 29-24. Treatment of polluted wastes required. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided, in accordance with provisions of this Chapter. Sec. 29-25. Prohibited substances. (a) No person shall discharge, or cause to be discharged, any new sources of inflow, including, but not limited to, storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer. (b) Except as provided in this Chapter, no person shall discharge, or cause to be discharged, any of the following described waters or wastes into any public sewer: (1) Any liquid or vapor having a temperature higher than one hundred four degrees (1040) fahrenheit; (2) Any water or waste which may contain more than one hundred (100) parts per million by weight of fat, oil or grease; (3) Any gasoline, benzene, naphtha, fuel or other flammable or ex- plosive liquid, solid or gas; (4) Any garbage that has not been properly shredded; (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, grits, such as brick, cement, onyx, carbide or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of sewage works; (6) Any waters or wastes having a pH lower than five (5) or higher than nine and one-half (9,) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; (7) Any waters or wastes containing a toxic, radioactive or poisonous substance in sufficient quantity to injure or inter- fere with any sewage treatment process, constitute a hazard to humans or create any hazard in the receiving waters of the sewage treatment plant; (8) Any 35 waters or wastes containing dissolved or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; (9) Any noxious or malodorous gas or substance capable of creating a public nuisance; (10) Any pollutant, in- cluding oxygen demanding pollutants (B.O.D., etc.), released in a discharge of such volume or strength as to cause interference in the sewage works. Sec. 29-26. Authority of Director of Engineering & Development - Establish - - permissible limits, approve waste discharges, impose charges. (a) The Director of Engineering & Development shall, have the authority to regulate the volume and flow rate of discharge to the sewage works, and to establish permissible limits of concentration for various specific substances, materials, waters or wastes that can be accepted into the sewage works, and to specify those substances, materials, waters or wastes that are prohibited from entering the sewage works. (b) The admission into the public sewers of any waters or wastes having: (1) a five (5) day biochemical oxygen demand greater than 300 milli- grams per litre by weight; or (2) containing more than 350 milligrams per litre by weight of suspended solids; or (3) containing any quantity of sub- stances having the characteristics described in Section 29-25; or (4) having an average daily flow of greater than 25,000 gallons, shall be subject to the review and approval of the Director of Engineering & Development. (c) The Director of Engineering & Development shall impose charges on any user of the City's sewage works who discharges wastes having a strength greater than normal sewage or containing nonpermissible quantities or prohibited substances into the public sewer system. The charges so imposed shall be based on the extra costs incurred by the City in surveillance, sampling and testing of the discharges, for additional operating and maintenance expenses, or for any other action required to identify, handle, process or supplement normal activities due to the unauthorized discharge of excessive strength or unusual character wastes, plus overhead charges. Failure by a user so charged to pay the charges and to provide such corrective measures as may be required to prevent further unauthorized discharges, after due notice by the Director of Engineering & Development and being given a reasonable time to comply, shall be sufficient cause to discontinue sewer service to the premise. in 36 Sec. 29-27, Preliminary treatment - Required approval. Where necessary in the opinion of the Director of Engineering & Develop- ment, any user of the sewer system shall provide, at his or her expense, such preliminary treatment as may be necessary to reduce objectionable characteris- tics or constituents to within the maximum limits provided for in this Chapter. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Director of Engineering and Development. No construction of such facilities --shall be commenced until the Director's approval is obtained in writing. The completed facilities shall not be placed in service until they have been in- spected for conformance to the approved plans and the final construction approved by the Director of Engineering & Development. The approval of the plans and inspection of construction shall not relieve the owner from comply- ing with discharge limitation set forth in this Chapter. The City shall en- force federal pretreatment requirements as set forth in CFR, Part 403. Sec. 29-28. Preliminary treatment - Maintenance of facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. Sec. 29-29. Interceptors - Required. Grease, oil, or sand interceptors shall be provided for laundries, restaurants, service stations, auto repair shops, carwashes and other facili- ties when, in the opinion of the Director of Engineering & Development, they are necessary for the proper handling of liquid wastes containing grease or oil in excessive amounts or any flammable wastes, sand, and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. Sec. 29-30. Interceptors - Type; capacity; location. All interceptors shall be of a type and capacity approved by the Director of Engineering & Development and shall be located as to be readily and easily accessible for cleaning and inspection. Sec. 29-31. Interceptors - Construction of grease and oil interceptors. Grease and oil interceptors shall be constructed of impervious materials 37 capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers. When bolted covers are required they shall be gastight and watertight. Sec. 29-32. Interceptors - Maintenance. Where installed, all grease, oil, and sand interceptors shall be main- tained by the owner, at his or her expense, in continuously efficient operation at all times. Sec. 29-33. Control manholes. When required by the Director of Engineering & Development, the owner of any property served by a building sewer carrying potentially harmful or in- dustrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, measurement and sampling of the wastes. Such man- hole, when required, shall be accessible and safely located and shall be con- structed in accordance with plans approved by the Director of Engineering & Development. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Sec. 29-34. Right of entry for inspection. (a) Any authorized employee of the General Services Department shall, upon presentation of his credentials, have free access -at all reasonable hours to any commercial or industrial premises connected to the City sewer system for the purpose of making an inspection of the premises to determine the nature and quantity of wastes discharged to the City sewer system. (b) Servicemen, industrial waste inspectors, sanitary engineers, or other employees of the General Services Department, whose duty it may be to . enter upon commercial or industrial premises to make inspections and collect samples or measure the quantity of wastes discharged to the City sewer, shall be provided with credentials to identify them as authorized representatives for the General Services Department. (c) No person, except an authorized employee of the Water and Sewer Department shall have or exhibit any credentials of the Water and Sewer Department. it shall be the duty of each employee of the Department, upon resignation or dismissal, to deliver and surrender at the office of the General Services Director all credentials of the Department in his possession. Sec. 29-35. Discharges to be reported. Every user of the City sewer system shall report to the General Services Director immediately any accident, negligent act, or other occurrence that occasions a discharge to the public sewer of any wastes or process waters that exceed the permissible limits for such wastes established by the General Services Director. Sec. 29-36. Tests and analyses. All tests and analyses of the characteristics of waters and wastes shall be determined in accordance with the latest edition of Standard Methods. Sec. 29=37; Remedies. (a) In addition to any criminal fine which may be imposed for viola- tion of any provision of this ordinance, any person, firm or corporation shall be liable for all charges which may be assessed by the General Services Director on any user of the City sewer system who discharges wastes containing non permissible quantities of prohibited substances into the public sewer system. The General Services Director is authorized to assess charges based on the extra costs incurred by the City in surveillance, sampling and testing of the discharges, for additional operating and maintenance expenses, or for any other action required to identify, handle, process or supplement normal activities due to the unauthorized discharge of wastes, plus overhead charges. (b) The General Services Director shall have the authority to dis- continue water or sewer service to a premise for any of the following reasons: (1) Failure to pay a charge assessed by the General Services Director for unauthorized discharges. (2) Failure to correct an unauthorized discharge as required by the General Services Director. (3) Discharging any unauthorized substances, materials, water or waste as prohibited by this ordinance or the General Services Director. (c) Before discontinuing water or sewer service as provided herein the General Services Director shall give written notice to the person, firm or corporation of the discontinuance and an opportunity to appear before the General Services Director or his designee on any disputed matter relative to the discontinuance of sewer service. 'I4 (d) Upon notice of the final determination by the General Services Director of an assessment owing or order to correct an unauthorized discharge, the responsible party shall tender the fee assessed within ten (10) days of the date ordered or discontinue the unauthorized discharge as ordered by the General Services Director. In the event the unauthorized discharge is not correct or the assessment is not tendered, it is hereby declared to be, and is, a public nuisance which may be abated by order of a court of competent jurisdiction and its continued operation is unlawful. The remedy provided herein shall be in addition to any other remedy authorized by this Chapter. M Division III. Sewer Extensions. Sec. 29-35. Approval by Director of Engineering & Development. No public sewer extensions shall be made until the plans and specifica- tions are approved by the Director of Engineering & Development. Public sewer extensions shall be constructed in accordance with standards and speci- fications as set forth in the Uniform Standard Specifications for Public Works Construction as sponsored and distributed by the Maricopa Association of Governments. Such document is on file in the office of the Director of Engi- neering and Development and/or the Uniform Plumbing Code whichever is applicable. Sec. 29-39. .Construction and ownership of public sewer lines and other equipment maintained by Water and Sewer Department. (a) In new subdivisions and developments where public sewers are authorized by the City, such public sewers shall be constructed at the developer's expense. Detailed plans and specifications for public sewer extensions must be approved by the Director of Engineering & Development prior to construction. The engineering cost for the preparation of plans and specifications, the staking of the location of the new public sewers, the cost of inspecting the construction, and preparation of as -built plans shall be assumed by the developer. The City will perform the inspection during construction. (b) The ownership of all public sewer lines, pumping stations, treat - meet facilities, and equipment and other appurtenances to the sewer system maintained, or accepted for maintenance, by the Engineering & Development Department shall be vested in such Department, and in no case shall the owner of any premises have the right to claim any part except where otherwise pro- vided in this Code. Sec. 29-40. Special provisions as to new subdivisions. In new subdivisions where public sewer extensions are authorized by the City and constructed at the subdivider's expense, the City may authorize a subdivider or his agent, if he so desires, to install building connections with "wyes" and connect the building sewers to the building connection under the following provisions: 1. That the construction of public sewer, building connections, and ir; 41 connections of building sewers to the building connections, shall be made under the supervision of a registered civil engineer, holding registration in the state, who shall submit three copies of the "as built plans," bearing the registered civil engineer's seal and number, to the Director of Engineering & Development. It shall be the duty of the registered civil engineer employed by the subdivider to require that all building connections serving lots in the subdivisions upon which no buildings are connected be effectively sealed until such time as the building will be constructed on the lots left vacant. Such sealed,connections shall be inspected and approved by the building inspector before being backfilled and shall be designated on the "as built plans." Effective seal shall consist of vitrified clay stoppers inserted in the bell of the sewer, extending to the property line in the alley, or to the curb line in the street from the public sewer, which stopper shall be jointed according to the City specifications. The stopper shall be permanently flagged by attaching one piece of a length of copper wire to the stopper, the other end to a broken piece of clay pipe which shall be placed under the soil's surface directly over the end of the sewer pipe. 2. Before any sewer connection is commenced, plumbing permits must be obtained by the subdivider or his agent from the building inspector. 3. When the "as built plans" are submitted to the Director of Engineering & Development, a record will be made of the building connections. The building inspector shall inspect the connections to ascertain that all requirements of the City plumbing code have been fulfilled. Sec. 29-41. Main sewer extension policy for areas beyond present City trunk lines. The main sewer extension policy of the City for areas beyond present City trunk sewers and the policy to be followed in connection therewith shall be, and the same is hereby, declared to be as follows: (1) The City will extend service to any developer with forty or more units,.which units are more particularly defined by City policy, with the subdivider paying for the collector system within the area, plus two hundred dollars per dwelling unit with the maximum of one thousand dollars per acre. Commercial, industrial or residential developments with under forty units will be considered individually in accordance with City policy or determined by City Council. 16 42 (2) Building connections made by the City shall be charged at the prevailing rate and are not refundable. Sec. 29-42. Private sewerage systems - Construction and maintenance within City prohibited generally, Except as provided in this Chapter, it shall be unlawful to construct or maintain within the City any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Sec. 29-43. Private sewerage systems - When permitted, to be constructed and maintained in sanitary manner. Where a public sanitary sewer is not available within the City, or in any area under the jurisdiction of the City, the building sewer shall be connected to a private sewage disposal system, complying with the provisions and recommendations of the Arizona Department of Health Services and the sanitary code of the County Health Department. Such private sewage disposal system shall be constructed, maintained, and operated at all times in a sanitary manner. Sec. 29-44. Same - Discontinuance. At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of this article and any septic tank, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material not to exceed 90 days. (Ord. No. 92 (O.S.), § 1; Ord. No. 230 (N.S.), § 7. Sec. 29-45. Same - Authority of director of health department• No statement contained in the preceding two sections shall be construed to interfere with any additional requirements that may be imposed by the health departments of the state and county. (Ord. No. 92 (O.S.), § 1; Ord. No. 230 (N.D.), § 8.) 17 43 Division IV. Connections to Public Sewer and Charges. Sec. 29-46. Permit required, No unauthorized person shall uncover, make any connections with or open- ing into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Engineering & Development Department. Sea. 29-47. Application for building connection. Each person making application for a building connection shall present a valid plumbing permit issued by the City Building Official, or his authorized representative, to the Engineering & Development Department as a prerequisite for the approval of the requested building connection. All applications for building connections to be constructed by General Services Department shall be accompanied by the current fee for such work. Sec. 29-48. Director of Engineering & Development to approve design number, location, size and construction of building connections. The design number, location, manner of connection and size of all building connections shall be subject to the approval of the Director of Engineering & Development. The General Services Department will install all building con- nections less than eight inches in diameter, except as provided elsewhere in this Chapter. All building connections eight inches in diameter or larger shall be installed by a private contractor at the property owner's expense. Building connections shall be installed on lateral sewers only, unless specifically authorized and approved by the General Services Director. All building connections shall be constructed in accordance with standards and specifica- tions on file in the Engineering & Development Department. Sec. 29-49. Special provisions for installing building connections in new subdivisions and developments. In new subdivisions or developments where public sewer extensions are authorized by the City and constructed at the developer's expense, the City may authorize the developer or his agent, if he so desires, to install building connections with wyes or tees and connect the building sewers to the building connection under the following provisions: (a) The construction of the public sewer, building connections, and 18 44 connections of the building sewers to the building connection shall be under the supervision of a registered civil engineer holding registration in the state, who shall submit "as built plans," bearing the registered civil engi- neer's registration seal and number, to the Engineering and Development Depart- ment. It shall be the duty of the developer to require that all building connections, serving lots in the development upon which no buildings are con- structed, be effectively sealed until such time as buildings will be constructed on the lots left vacant. Such sealed connections shall be inspected and approved by the Director of Engineering & Development before being backfilled and shall be designated and located on the "as built plans." The effective seal shall consist of a vitrified clay stopper inserted in the bell of the sewer extending to the property line from the public sewer; such stopper shall be jointed according to the Director of Engineering & Development standard details on file in the Engineering & Development Department. The stopper shall be permanently flagged by attaching one end of a length of copper wire to the stopper and the other end to a broken piece of clay pipe, which shall be placed under the soil surface directly over the end of a sewer pipe. (b) Before any building sewer construction is commenced, plumbing permits must be obtained by the developer or his agent from the Building Official. (c) When the "as built plans" are submitted to the Engineering & Development Department, a record of the building connections will be made. The Director of Engineering & Development shall notify the Building Inspection Supervisor of the connections to ascertain that all requirements of the City Plumbing Code have been fulfilled. Sec. 29-50. Records to be kept by Engineering & Development Department. The Engineering & Development Department shall keep a record of all building connections made, the purpose for which they are to be used, together with the name of the owner of the property, his agent or representative. Sec. 29-51. Sewer Connections Fee. Each person, firm or corporation requesting a building connection to be installed by the City shall pay the fee as follows: Four inch sewer tap $250.00 Six inch sewer tap $400.00 19 45 Division V. Sewer User Charges. Sec. 29-52. Necessity for charges. In order to provide for the protection of the public health, safety and welfare of the citizens of Glendale, a system of charges for sewerage use services is hereby established. Sec. 29-53. The establishment and collection of all users fees shall be under the direction of the City's Director of Finance. In accordance with the provisions of this Chapter, the City of Glendale shall establish User Charges and Industrial Cost Recovery Charges before the treatment works constructed with grant funds received from the Environmental Protection Agency as authorized by Title II of the Federal Water Pollution Control Act, as amended, are placed in operation. Sec. 29-54. Rate Establishment Procedure. (a) Rates established by Ordinance of the City Council shall be based upon the City's determination of the cost of rendering sewerage services and in addition shall be established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for service. (b) The Finance Director of City Manager shall submit to the City Council, at least biannually, a sewer report including recommended rate schedules for each sewer charge established herein. (c) In addition to other pertinent factors deemed relevant by the City Council, the rate schedules adopted by the City Council shall be based upon the following cost factors: (1) The total applicable cost of salaries and benefits of employees engaged in providing sewerage service. (2) Applicable operating expenses, including parts, materials and services incurred in providing sewer service. (3) Applicable equipment replacement costs necessitated by the provision of sewer services. (4) Appropriate indirect costs of the Department and other City departments in rendering sewer related services such as purchasing, accounting, billing and administration. 20 46 (5) Annual debt service charge for the retirement of sanitary sewer bonds. (d) Rate Schedules shall distribute cost based upon the volume of wastewater discharged as well as BOD and SS of the wastewater discharged. Sec. 29-55. Sewer service turn -on fee; payment. Upon proper application a turn -on fee of eight dollars shall be charged to each applicant for sewer service. Such eight dollar turn -on fee shall be in- cluded in the first billing, and such eight dollar turn -on fee shall be non-- refundable, on=refundable, and shall constitute a service charge. In the event that both sewer and water service is turned on at the same time, only one fee of eight dollars will be billed to the applicant Sec. 29-56. Sewer Rental Rates. (Ord. Nos. 351 NS; 775 NS; 1052 NS) The sewer rental rates to be charged by the water and sewer department are as follows: Rate per Month Inside Outside City Limits City Limits Single family dwelling $ 4.75 $ 6.75 Duplexes, double houses or other buildings containing two family dwelling units on a single sewer connection: Each family dwelling unit 4.75 6.75 Apartments, apartment courts or other building containing three or more family dwelling units on a single sewer connection: Each family dwelling unit 4.15 6.15 Motels, hotels or auto courts on a single sewer connection: Each rental unit 1.80 2.40 Mobile home parks on a single sewer connection: Each mobile home space 4.15 6.15 Business and commercial establishments, churches, schools, clubs, etc., on a single sewer connection: Per fixture connected to the sewer 1.20 2.40 Minimum monthly charge 3.60 5.60 Manufacturing or industrial plant which does not discharge industrial wastes into the sewer on a single sewer connection: Per fixture connected to the sewer 1.20 2.40 Minimum monthly charge 3.60 5.60 21 47 tate per 'Month Inside Outside City Limits City Limits Manufacturing or industrial plant which discharges industrial wastes into the sewer on a single sewer connection: Per million gallons of sewage discharged according to measured flow $172.50 $345.00 Minimum charge under million gallons 70.00 140.00 (Ord. No. 351 (N.S.), 3 3; Ord. No. 616 (N.S.), § 1; Ord. No. 869 (N.S.), § 1; Ord. No. 1052 NS; Ord. No. 1059 NS) Sec. 29-57. _ Sewer rates to be added to water bills; bill payable in advance when city water not used; collection . All sewer rental charges to be added to, and collected with the bills as rendered for water by the water and sewer department, (and where the user does not use.city water such bill shall be due for sewer service rendered) and all of the rules and regulations promulgated by the water and sewer department shall apply to, and be effective in, the collection of such sewer service charges. (Ord. Nos. 351 NS; 1052 NS) Sec. 29-58'. When bills payable; disconnection of service for failure to pay; reconnection fee. All bills for sewer service shall be due and payable on the billing dates of the various districts, and if not paid within twenty days thereafter will be considered delinquent and the sewer service may be discontinued without notice. Where service has been discontinued or where a customer service con- tact has been attempted or made, on account of default in payment, a charge of eight dollars will be made; provided, that in the event a charge of eight dollars has been made on account of default for water service, then there shall be no charge for default of sewer service. In the event extraordinary costs are incurred by the city to discontinue the sewer service, such costs shall be paid by the customer before water service is continued. (Ord. Nos. 351 NS: 1052 NS) Sec. 29-59. Deposit required. A deposit amounting to three times the minimum monthly bill shall be re- quired for all accounts where a person other than the owner resides. No deposit shall be required if the responsible party shows proof of ownership of the property. The deposit is to be retained by the city to insure payment of 22 48 all bills. The city may require a deposit adjustment when sewer rates are increased or decreased. Simple interest at the rate of five percent will be paid from the date of the deposit after twelve months and each twelve months thereafter until the deposit is returned. (Ord. No. 1052 NS) Sec. 29-60, Deposit required - default of payment. If sewer service has been discontinued, or where a customer service contact has been attempted or made, on account of default in payment two times or more during any twelve consecutive months period of time, the Finance Qirector may at his or her discretion, require a deposit not to exceed three times the minimum monthly billing for sewer. The deposit shall remain with the city and may be returned after one year if the account shows no delinquency for the preceding twelve months. The deposit will accrue no interest. (Ord. No. 1052 NS) pec. 29-61. Deposit required on business accounts. All accounts, other than those classified as residential, public elemen- tary and secondary schools, state or county colleges, and other governmental agencies, shall place a deposit amounting to three times the minimum monthly billing for sewer; this sum to be retained by the city to insure payment of all bills. Simple interest at the rate of five percent will be paid from the date of the deposit after twelve months and each twelve months thereafter until the deposit is returned. (Ord. No. 1052 NS) Sec. 29-62, Sewer User Charge Classification, The City Council shall establish Sewer User Charges for the following classifications. (a) residential uses (b) commercial uses (c) industrial uses The rate for classification (b) and (c) may be established individually or by standard industrial classifications. The Director of Engineering and Development is authorized to assign users to one of the classifications of residential, commercial or industrial in accordance with the provisions of this ordinance. 23 49 Sec. 29-63, Proportionate Distribution. At such time as may be determined by the City Council, the user rate charges or user classifications may be revised to maintain a proportionate distribution of operation and maintenance costs among users or user classifi- cations Sec. 29-64. Determination of Wastewater Quantity and Billings. (a) For users with installed water meters that are to be billed on basis of water consumption, the charges established herein shall become ef- fective after each user's first regular meter reading. For uses to be billed on a flat rate the charges established herein shall be effective on the first month after the rates established herein become effective. (b) Any affected user who fails or refuses to install a water meter to any source of water supply used, within thirty (30) days after written notice by the Director of Finance to do so, shall be charged on water usage estimated by the Director of Finance. (c) In the event a user discharges sanitary sewage, industrial wastes, water or other liquids into the city sewer system, either directly or indirectly, and it can be shown by such party, to the satisfaction of the Director of Finance that a portion of the water as measured by the water meter or meters does not and cannot enter the sewer system, then the Director of Finance may determine in such manner and by such method as he may find practicable the percentage of metered water entering the sewer system. The quantity of water used to determine the sewer charge shall be that percentage, determined by the Director of Finance, entering the sewer system. In the absence of suitable data to make such a determination the sewer user charge will be based on the amount of water supplied to the premises. The Director of Finance may require or permit the installation of acceptable additional water or sewer meters at such party's expense and in such a manner as to determine the quantity of water actually entering the sewer system, in which case, the quantity of water used to determine the sewer charge shall be the quantity of water actually entering the sewer system as so determined. In the event such additional water or sewer meters are installed, an additional charge of (2) dollars per month shall be made to cover the cost of reading and computing the flow of each such meter and such additional charge shall be added to each sewer charge bill rendered. 24 50 (d) After installation of approved measuring equipment, it shall be the obligation of each user to conduct a test on such measuring equipment at least once every twelve (12) months to determine its accuracy and the results thereof shall be furnished in writing to the Director of General Services. Those users seeking renewal of an industrial wastewater discharge permit or an interim industrial wastewater discharge permit shall file the results as part of the report required in this chapter. It shall also be the user's re- sponsibility to notify the General Services Department within a reasonable time in advance so that the Department may, if it chooses, have a witness pre- sent during such test. If upon any such test the percentage of accuracy is found to be within the accuracy tolerance as established by the manufacturer's specifications, such measuring equipment shall be determined to have correctly measured the quantity delivered to the sewer system. If, however, upon any such test the percentage of accuracy is found to be in excess of the accuracy tolerance specified by the manufacturers, then such measuring equipment shall be immediately adjusted to register correctly the quantity delivered to the sewer system. The billings to such user shall be adjusted for a period ex- tending back to the time when the inaccuracy began, if such time is ascertain- able, or for a period extending back one half (1/2) of the time elapsed since the date of the last test or the date of the last adjustment, if the .time is not ascertainable. (e) All users for which the water supply is from other suppliers of water shall furnish to the City either a certified meter reading of water delivered to its plant or company, or a copy of the billing from the water supplier. In this event, the user's charges will be calculated and the same conditions will apply as if the City were the supplier of water to the user. Sec. 29-65. Determination of Wastewater Quality. (a) The Director of General Services or his designee shall have the authority to make whatever tests are necessary to carry out a planned sampling program and to make whatever analyses are needed for all commercial and in- dustrial users. The BOD test shall be considered the standard test; however, COD or TOC tests may be substituted in cases where it has been determined by the Director of General Services that the BOD test is not representative of actual wastewater loading. Wastewater characteristics shall be determined by the Department on the basis of monitored wastewater discharged, a certified 25 51 4 statement from the user, or on the best available data as to the characteristics of such discharges. (b) Any change in the ongoing process(es) employed by a user contribut- ing commercial or industrial waste which results in a variation of more than 25% in one or more of the effluent loading concentrations shall be reported to the General Services Department within thirty (30) days of said change. (c) If it is determined through testing that a significant variation exists between the user's certified data and the discharge characteristics monitored by the General Services Department, the City may adjust the sewer use charge based on the monitored data from the original date of certification, unless written communication has occurred notifying the Department of changes in loading and giving specific dates of changes. (d) Designated discharge - where sampling and gauging of a specific user is not practical for physical, economic, safety or other reasons, the Director of General Services may designate values for concentrations of the wastes discharged into the sewer system for all users in the same standard Industrial Classification or Subclassification. Sec. 29-66. Payment of Bills and Charges. (a) All sewer user accounts shall be carried on the books of the Finance Department by the house and street number. All notices sent out by the City regarding sewer user accounts, and all notices regarding any other matter pertaining to the use of the city sewer system shall be sent to the house and street number of such property. Should the owner of the property desire personal notice from the City, he should file an application on a form to be furnished by the Finance Department. To insure proper delivery of notices, all errors in house numbers should be promptly reported to the Finance Department. (b) The sewer account and bill shall distinguish the amount of the sewer user charge from any industrial cost recovery charge, if applicable. (c) All rates and service charges are due and payable when rendered and shall be delinquent twenty days after date rendered. Any delinquent account requiring special collection effort may be assessed a delinquent collection charge, as established by the finance Director subject to the approval of the City Manager. If the total of such bill shall not be paid within five days after date of delinquency and notice of delinquency having 26 52 been given, water or sewer service may be disconnected from the premises of the delinquent consumer and a delinquent turns -off fee charged to customer's account. The delinquent turn-off fee plus the total amount of the bill due and any deposit, if such deposit is required, shall be collected before again providing sewer service or water service. (d) A consumer's water or sewer service may be disconnected for non- payment of a bill for sewer service rendered at a previous location served by the_Finance,Department, provided such bill is not paid within twenty (20) days after the unpaid bill has been presented to the.consumer at his new location. (e) Any expense caused to the City for the repair or replacement of damaged, stolen, tampered with or misused sewer or water facilities shall be charged against and collected from the person or persons who caused the expense. (f) When a user of the sewer system has been notified of the amount of sewer user charges remaining due after the deduction of his trust deposit, and payment for same has not been received, the Finance Director may assign the account to a bona fide collection agency. (g) Before water or sewer service will be turned on to any premises all charges against the premises then due and payable to the City as required by this chapter, or including any of the following items must have been paid; on account of labor supplied or materials furnished by the General Services Depart- ment in the installation of service pipes connecting the premises with the City sewer mains, or for tapping the City sewer system; on account of water or sewer service previously supplied to the premises, whether used by the appli- cants or by some previous occupant of the premises; or on account of the assessment of any fine or penalty; or for turning water or sewer services off or on; or for repair or replacement of damaged, stolen or misused sewer works facilities. Sec. 29-67 Notice prior to disconnect, Before discontinuing water or sewer service for nonpayment of any sewer user charge, deposit or other assessment provided for in this ordinance, the Finance Director shall give written notice to the person, firm or corporation of the discontinuance and an opportunity to appear before the Finance Director or his designee on any disputed matter relative to the discontinuance of sewer service. 27 53 Sec. 29-68; Distribution of sewer system revenues and utilization of funds. (a) Funds shall be established for the proper distribution of sewer revenues. They shall include but not be limited to the following: (1) Sewer System Operations and Maintenance Fund (2) Sewer System Replacement and Extension Fund (3) Sewer System Debt RetirementFund (4) Industrial Cost Recovery Fund _, _ (b) . The distribution of sewer charges to the above funds shall be as follows: (1) The applicable portion of the Sewer Use Charge revenues shall be allocated to the Sewer System Operations and Maintenance Fund. (2) The applicable portion of the Sewer User Charge revenues shall be allocated to the Sewer System Replacement and Extension Fund. (3) The applicable portion of the Sewer User Charge revenues shall be allocated to the Sewer System Debt Retirement Fund. (4) 100% of Industrial Cost Recovery revenues shall be allocated to the Industrial Cost Recovery Fund. (c) The utilization of the above funds shall be as follows: (1) Sewer System Operations and Maintenance Fund - shall be utilized for personal services and operational expenses associated with the provision of sewerage system services. (2) Sewer System Replacement and Extension Fund - shall be utilized for equipment replacement expenses associated with the provision of sewerage system services. (3) Sewer System Debt Retirement Fund - shall be utilized in servicing the debt of retirement of sanitary sewer bonds. (4) Industrial Cost Recovery Fund - shall be used to account for the receipt and disbursement of Industrial Cost Recovery System revenues and interest thereon. The City of Glendale shall retain 50% of all Industrial Cost Recovery revenue collected from indus- trial users. A minimum of 80% of such retained amounts together with interest earned thereon shall be used solely for the eligible costs of expansion or reconstruction of treatment works necessary to meet the requirements of the 1972 amendments to the Water Pollution Control Act (P.L. 92-500). The remainder of the 54 retained amounts may be utilized for sewer system services as determined by the City Council. The other 50% of all Industrial Cost Recovery revenue collected from industrial users shall be returned to the U.S. Treasury on an annual basis. 90 55 Division VI. Industrial User Requirements. Sec. 29-69. Industrial Users. In addition to any user charge required to be paid by an industrial user, an industrial user shall be required to pay an industrial cost recovery charge as provided for in this article. Sec. 29-70. Industrial Cost Recovery Charges. All industrial users discharging industrial.waste to the sanitary sewer system affected by sewer system upgrades and improvements for which the City, either .directly or indirectly received a Federal grant under Public Law 92-500, shall make annual payments to the City during the industrial cost recovery period, paying its individual share of the grant amount received by the City divided by the industrial cost recovery period. An industrial user's share shall be based on factors which significantly influence the cost of the treat- ment works. Volume of flow shall be a factor in determining an industrial user's share; other factors shall include strength, volume, and delivery flow rate characteristics, if determined necessary by the Director of General Services to insure that all industrial users of the treatment works pay a proportionate distribution of the grant assistance allowable to industrial use. Each industrial user's annual share shall be calculated by the Director on periodic basis no less frequently than annually. Sec. 29-71. Permits required , All industrial users, as defined herein, shall obtain a permit for con- vection and discharge to the City's sewer system from the Director of Engineering and Development. Sec. 29-72. Permit application requirements and conditions. (a) An industrial user shall make application for a permit on a form provided by the Director of Engineering and Development. An applicant shall pay a fee of $25.00 for each application for an industrial wastewater discharge permit. The application will not be accepted unless the fee is paid. All existing industrial users coming under the ICP. regulations shall apply within 90 days of adoption of this ordinance. .in 56 (b) An applicant, upon compliance with the terms and conditions established by this article for the issuance of industrial wastewater dis- charge permits, shall pay the City a fee of $25.00 and shall thereafter be issued an industrial wastewater discharge permit which shall be valid for a period of one year from the date of issuance. (c) An applicant, who holds a valid wastewater discharge permit and is in compliance with the terms and conditions established by this ordinance, sha l_file.an.application for renewal of an industrial wastewater discharge permit together with a fee of $25.00, and thereafter shall be issued a renewed industrial wastewater discharge permit which shall be valid for a period of one year from the date of issuance of the renewal. (d) An applicant seeking an industrial wastewater discharge permit or renewal must submit, as part of its application, the results of an analysis, compliant with Standard Methods, conducted by a laboratory acceptable to the Director of General Services, a representative daily composite sample of the effluent discharge from the applicant's plant. (e) An applicant must submit as part of its application for a permit, a discharge report which must include, but not be limited to, the nature of process, volumes, rates of flow, production quantities, concentrations in the wastewater discharge and any other information that may be relevant to the generation of waste. (f) An applicant must as part of its application for a permit submit a plat showing the location and size of on-site sewers, sampling point, pre- treatment facilities, city sewers and any other pertinent physical details. (g) An applicant must as part of its application for a permit list each product manufactured, the type, amount and rate of production and the chemical components and quantity of liquid or gaseous materials stored on-site, even though they may not normally be discharged into the sewer system. (h) In the event a producer of industrial waste which is authorized to make a connection to the City sewer for industrial waste disposal under the provisions hereof is sold, leased; or its operation is assumed or taken over by another person, firm or corporation other than that named in the permit, a new application for permit shall be made by the new owner, lessee or operator. No permit issued under the provisions hereof shall be assignable, and a viola- tion of this provision shall be grounds for summary suspensions or revocation 31 57 of such permit by the Director of Engineering and Development. (i) It shall be a condition of the permit that the City may at any time test any of the wastes being discharged by the company or plant for quality or quantity. A duly authorized city representative may enter the permittee's premises at any time during business or operational hours for the purpose of inspecting plant operations to estimate quality and quantity of wastes. (j) ---- It shall be a condition of the permit that the permittee will install facilities, approved by the Director of.Engineering and Development at the permittee's expense for the purpose of the City's representative inspecting, observing and sampling representative flows. (k) It shall be a condition of the permit that additional periodic reports as may be required by the Director of General Services to properly monitor the discharge of the industrial wastes, be submitted to the Director of General Services. (1) Issuance of an industrial wastewater discharge permit shall not release the permit holder from the obligation to comply with all other pro- visions of this chapter. (m) The City may change the conditions of any permit from time to time as may be necessary in order to comply with requirements of Federal laws or regulations. Sec. 29-73. Interim permits. (a) An applicant presently operating as an industry that is already connected to the system and that fails to comply with the requirements of this chapter, regarding discharges of industrial waste into the sanitary sewer system shall be denied an industrial wastewater discharge permit. (b) If such an applicant intends to continue to discharge after refusal of an industrial wastewater discharge permit for noncompliance with discharge standards, then such applicant must reapply for an interim industrial wastewater discharge permit upon the payment to the City of a fee of $25.00. (c) An applicant, upon compliance with the terms and conditions established by this article for the issuance of an interim industrial waste- water discharge permit shall pay the City a fee of $25.00 and shall thereafter be issued an interim industrial wastewater discharge permit which shall be valid for a period of six (6) mcnths from the date of issuance. 58 (d) An applicant holding a valid interim industrial wastewater permit, upon continued compliance with the terms and conditions established by this article for the issuance of such permits, shall file an applicant for renewal of an interim industrial wastewater discharge permit shall pay a fee of $25.00, and shall thereafter be issued a renewed interim industrial wastewater discharge permit which shall be valid for an additional period of six (6) months from the date of issuance of the renewal. (e) An applicant issued an interim industrial wastewater discharge permit shall be required to enter into an agreement with the City as hereinafter set forth. Sec. 29-74. Industrial Agreements. Agreements between an industrial user and the City shall be entered into when any of the following conditions exist: (a) The user desires to reserve excess capacity in the city sewer system. In such a case, the industrial user may be obligated to pay Industrial Cost Recovery Charges on the capacity reserved. (b) A permit applicant fails to comply with the discharge restrictions of this chapter and applies for an interim permit. In such a case, the ap- plicant shall be obligated to file a plan acceptable to the Director of Engineering and Development to bring its discharge into compliance with the requirements of this chapter for an industrial wastewater discharge permit. (c) The user is a significant user as defined in this chapter. Sec. 29-75. Waste Monitoring Program. (a) In order to insure continuing compliance with the limitations and restrictions set forth in this chapter, each industrial user shall monitor its discharge to the city sewer system by testing the discharge with sufficient frequency to insure that such limitations are not excluded and such restric- tions not violated. Such testing may be accomplished by a professional labora- tory or, in cases where the user has sufficient testing capability, facilities and expertise, by the user itself. (b) The Director of General Services may require a laboratory analysis of a user's discharge at any time. Such analysis shall be performed by (a) an independent laboratory acceptable to the Director, (b) a City -operated laboratory 33 59 or (c) the user itself. The authority to determine who shall perform the analysis rests with the Director of General Services. The Director of General Services may also require that all costs associated with such an analysis be borne by the user. The user shall permit access to the sampling point or sampling well to the City's representative or the independent laboratory for the purpose of obtaining a sample during any hours of operation by the plant. Sec. 29=76: Reporting Requirements. A verified report shall be filed annually with the Director of Engineering and Development by all users with industrial wastewater discharge permits or with interim industrial wastewater discharge permits. Those users seeking renewal of an industrial wastewater discharge permit or an interim industrial wastewater discharge permit shall file said report with the application for renewal. The reports shall include at a minimum the following: (a) The results of the test of quantity measuring equipment as required by Section 28-50. (b) A statement as to whether or not the applicant has made any changes in its operations that has or will within the term of the permit increase the strength, volume or any other characteristics of the applicant's discharge into the City sanitary sewer system. (c) If the applicant has made changes in its operations that have or will increase the strength, volume, or any other characteristic of the user's discharge into the City sewer system, during the term of the permit, then (1) the applicant shall describe the changes in operations that alter the strength, volume, or any other characteristic of the discharge (2) the applicant shall, if the Director of Engineering and Development so requires, submit an analysis, complaint with standard methods and conducted in accordance with Section 28-50 of this chapter. It shall be unlawful for a permit holder to change its industrial process without approval of the Director if such changes results in the user exceeding the levels for flow and discharge quality stated in the user's permit. 34 60 Src. 29-77 Trade Secrets. All information and data relating to a permittee obtained from reports questionnaires, permit applications, permits, monitoring programs and in- spections shall be available to the public without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information to the general public would divulge information or processes of methods that would give a business ad- vantage to competitors who do not otherwise have this information. 35 61 Division VII. Accidental Discharge. Sec. 29-78. Permittee Provides Protection. Each permittee shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Sec. 29-79. Permittee Shall Notify Director of General Services of Accidental Discharge. For countermeasures to be taken by the City to minimize damage to the sanitary sewer system and/or degradation of the receiving waters, permittee shall notify the City immediately upon accidentally discharging wastes in violation of this chapter. This notification shall be followed within fif- teen (15) days of the date of occurrence by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve permittee of liability for any expense, loss or damage to the sanitary sewer system, or for any fines imposed on the City on account thereof and/or for any enforcement action pursuant to this occurrence. Sec. 29-80 . Permittee will notify Employees• In order that officers, agents and employees of permittees will be informed of the City's requirements, permittees shall make available to. their employees copies of this chapter together with such other waste- water information and notices which may be furnished by the City from time to time for the purpose of improving and making more effective water pollution control. A notice shall be furnished and permanently posted on the permittee's bulletin board advising officers, agents and employees who to call in case of an accidental discharge in excess of the limits authorized by the permit. Sec. 29-81. Permittee shall label potential accidental discharge points Any possible connection or entry point for a hazardous and/or prohibited substance to the permittee's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of such substances in violation of this chapter. 36 62 Division VIII Service Outside City Limits - Sec. 29-82_. _Outside City - Miscellaneous. (a) For all places outside the corporate limits of the City not mentioned in this Article where sewer service is rendered by the City, and for which no rate is specifically fixed, the rate to be charged, including a connection charge, shall be as fixed by the City Council. (b) City sewer service offered to users outside the city limits shall be offered by the City subject to compliance by the users with the terms of this chapter. _„ 63 Division IX. Enforcement and Penalty. Sec. 29-83. Enforcement of Chapter. The rules and regulations of this Chapter are made for the benefit of the users of the City sewer system, for the protection of the sewer system, and to protect the quality of the effluent of the sewage treatment plants. Their enforcement shall in no case be willfully ignored by any City official or employee. When a strict enforcement of any rule could work a gross in- justice on a user of the City sewer system, the City Manager may in his dis- cretion order a suspension of the rule as to that particular case. Sec. 29-84_._ Penalty. The violation of any Section of this Chapter shall be sufficient cause for the City to discontinue water or sewer service to any premises, and such service shall not be restored until such violations have been discontinued or eliminated and all outstanding charges paid. The discontinuance of sewer service shall be accomplished by physically cutting and blocking the building connection. A charge of one hundred dollars shall be paid to the Finance Department for reconnecting the sewer service. Sec. 29-85. Violation of Ordinances. Any person, firm or corporation who violates any provisions of this chapter shall be guilty.of a misdemeanor and any such violation shall con- stitute a separate offense on each successive day the violation continues. SECTION 3. In order to meet the grant regulation requirements for Construction of Treatment Works established by E.P.A. at 40 CFR Part 30 and 40 CFR Part 35, the City of Glendale is required by the Regional Adminis- trator to have its user charge rates and ordinance approved and enacted before the treatment works constructed with the grant funds are placed in operations. To satisfy this requirement, the City of Glendale has this day enacted and approved this ordinance. However, it is not the intent of the City Council that user rates and industrial cost recovery rate be effective immediately. It is the intent of the City Council that the rates and pro- cedures to establish the rates be effective before the treatment works constructed with the grant are placed in operation. The provisions of 64 IQ this Ordinance shall become effective and enforceable on August 14, 1979. SECTION 4. WHEREAS, the immediate operation of the provisions of this ordinance is necessary for the preservation of the public peace, health, and safety, an Emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council of the City of Glendale, and it is hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, Maricopa County, Arizona, this 14th day of August, 1979. ATTEST: City Cler (SEAL) APPROVED AS TOVFORM- 1 City Attorney WED BY ity manager V