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HomeMy WebLinkAboutOrd.4255.08-15-2011 BILL NO. 11-119 ORDINANCE NO. �`�� AN ORDINANCE REPEALING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AND ENACTING A NEW CHAPTER 29 REGARDING WATER AND SEWERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : Article 1 . Chapter 29 of the Code of Ordinances of the City of Cape Girardeau, entitled "Water and Sewers" r �i�tserit=iretm , and a new Chapter 29 entitled "Water and Sewers" is hereby adopted, in lieu thereof, in words and figures, to read as follows : CHAPTER 29 Water and Sewers ARTICLE I . SANITARY SEWER DIVISION I : GENERALLY Section 29-1 . Definitions Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows : Act or "the Act" . The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U. S . C. 1251 et seq. Action level . The concentration based numeric value that the grease interceptor effluent, at the device' s outlet tee and prior to mixing with any other waste water from the contributing establishment' s property, are expected to achieve on a consistent or stipulated basis . Approval authority. The State of Missouri Department of Natural Resources. Approved. Approved by the city manager and "approval" shall mean the city manager' s approval . BOD (denoting biochemical oxygen demand) . The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty (20) 1 14 degrees Celsius, expressed in milligrams per liter or parts per million by weight . . Building drain. That part of the lowest horizontal piping of a drainage system which receives 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 outside the inner face of the building wall . Building sewer. The extension from the building drain to the public sewer or other place of disposal . BvT'.ass. The intentional diversion of wastewaters from any portion of an industrial user' s treatment facility. COD (chemical oxygen demand) . The quantity of oxygen equivalent of organic matter that is susceptible to oxidation by a strong chemical oxidant under standard laboratory conditions, expressed in milligrams per liter. Capital charge. That portion of the total sewer service charge which is levied for local capital costs, local investment in plant facilities and other local costs excluding operation, maintenance and replacement costs . CaL,-gorical user. Those industrial users subject to National CaLegorical Pretreatment Standards promulgated by the U. S. Environmental Protection agency under the Federal Water Pollution Control Act, P. L. 92-500, as amended. All such categorical users shall be considered significant industrial users under this chapter. City. The City of Cape Girardeau or the City Council of Cape Girardeau. City Fee Schedule. The City Fee Schedule is established pursuant to the provisions of Section 25-114 of the City Code. City manager. The city manager of the city, or his authorized deputy, agent or representative . Color. The optical density at the visual wavelength of the maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero (0 . 0) optical density. Combined sewer. A sewer receiving both surface runoff and sewage . 2 Common interceptor. One or more interceptors receiving FOG laden wastewater from more than one establishment . Common interceptors may be located at shopping centers, malls, entertainment complexes, sporting arenas, hotels, multi-tenant "flex" spaces, mixed use spaces, and other sites where multiple establishments are connected to a single grease interceptor. The owner of the property on which the common grease interceptor is located shall be primarily responsible for the maintenance, upkeep, and repair of the common interceptor. Composite sample. The sample resulting from combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time . Environmental Protection Agency or EPA. The U. S . Environmental Protection Agency or where appropriate, the term may also be used as a designation for the regional water management division director or other duly authorized official of said agency. Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act . Fats, _ oils, and greases. Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules . These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time . All are sometimes referred to herein as "grease" or "greases" or "FOG" . Food service establishments or "FSE". Those establishments engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities : Cooking by frying (all methods) , baking (all methods) , grilling, sauteing, rotisserie cooking, broiling (all methods) , boiling, blanching, roasting, toasting, or poaching, and infrared heating, searing, barbecuing, and any other food preparation or serving activity that produces a consumable food product in or on a receptacle requiring washing to be reused. Garbage. Solid wastes from domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. 3 Grab sample. A sample which is taken from a wastewater stream on a one-time basis without regard to the flow in the wastewater stream and without consideration of time. Grease trap or interceptor. A device for separating waterborne greases and grease complexes from wastewater and retaining such greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps also serve to collect solids that settle, generated by and from activities that subject users to this section, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps and interceptors are sometimes referred to herein as "grease interceptors" . Indirect discharge or discharge. The introduction of (non domestic) pollutants into the POTW from any nondomestic source regulated under Section 307 (b) , (c) or (d) of the Act . Industrial user. A source of discharge of pollutants into a POTW from any nondomestic source regulated under Section 307 (b) , (c) , or (d) of the Clean Water Act . Industrial wastes. Any wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. Instantaneous maximum allowable discharge limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event . Interference. A discharge which alone or in conjunction with a discharge from other sources : (1) inhibits or disrupts the POTW, its treatment processes or operations or its biomass processes, used or disposal; and (2) therefore is a cause of a violation of the city' s NPDES permit or of the prevention of biomass use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations) : Section 405 of Act; the Solid Waste Disposal Act (SWDA) , including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) ; any State regulations contained in any State Biomass Management Plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act . 4 Medical waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes . Minimum design capability. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases and settled solids from grease- laden wastewaters discharged to the public sanitary sewer. N. P.D.E. S. National Pollutant Discharge Elimination System. Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. New source. (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards under Section 307 (c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that : (a) The building, structure, facility or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. 5 (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of section (1) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment . (3) Construction of new source as defined under this paragraph has commenced if the owner or operator has : (a) Begun, or caused to begin as part of a continuous onsite construction program: (1) Any placement, assembly, or installation of facilities or equipment, or (2) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product . Noncooking establishments. Establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooking, but that may produce a consumable food product in or on a receptacle requiring washing to be reused. On-site grease interceptor treatment (sometimes "onsite treatment") . Mechanisms or procedures utilized by a user to treat grease interceptor contents on the user' s site, followed 6 by the reintroduction of such treated wastewater back into the interceptor. On-site grease interceptor treatment may only be accomplished by a user if the user or the user' s contract service provider is permitted by the City of Cape Girardeau. Pass through. A discharge which exits the POTW into waters of the U. S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city' s NPDES permit (including an increase in the magnitude or duration of a violation) . pH. The intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solutions . Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns . This definition -includes all federal, state or local governmental entities . Pollutant . Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biomass, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural wastes, and the characteristics of the wastewater (i . e . , pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD) , toxicity, odor) . Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. Pretreatment standards or standards. Prohibitive discharge standards, categorical pretreatment standards, and local limits . 7 Program acknowledgement certificate. Program confirmation documentation issued by the Public Works Director or his designee. The user is required to keep program acknowledgement certificate on premises and produce it upon request . Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 29-4 of this article. Properly shredded garbage. 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 conditions normally prevailing in public sewers, with no particle greater than one-half (',�) inch in any dimension. Publicly-owned treatment works (POTW) . The wastewater system, or sewage works, owned by the city. This definition includes any sewer that conveys wastewater to the POTW treatment plant except private sewers . The term also means the city having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works . Public sewer. A sewer which all owners of abutting properties have equal rights, and is controlled by public authority. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks . Service provider. Any third party not in the employment of the user that performs maintenance, repair, and other services on a user' s grease interceptor at the user' s directive. Severe property damage. Substantial physical damage to property, damage to the treatment facilities which cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass . Severe property damage does not mean economic loss caused by delays in production. Sewage or wastewater. The liquid and water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwater as may be present, with no particle greater than one- half ('-�) inch in any dimension. 8 Sewage system. All facilities for collecting, pumping, treating, and disposing of sewage. Sewer service charge. The total monthly charge for sewage service. Sewage treatment plant. Any arrangement of devices and structures used for treating sewage. Sewage works. All facilities for collecting, pumping, treating and disposing of sewage. Sewer. A pipe or conduit for carrying sewage. Shall . Mandatory; as opposed to May which is Permissive Significant industrial user. Any categorical user, or industrial user of the city' s sewage works whose flow: (1) Exceeds twenty-five thousand (25, 000) gallons per day; (2) Exceeds five (5) percent of the daily hydraulic or organic capacity of the sewage treatment plant; (3) Is subject to a surcharge for excessive BOD and/or SS as provided for in this chapter; (4) Has toxic material in its waste stream in toxic amounts as defined in standards issued under Section 307 (a) of the Federal Water Pollution Control Act, P. L. 92-500, as amended; (5) Is determined to have significant impact, either singly or in combination with other contributing industries, on the treatment works such that the quality of the effluent, or sludges, from the treatment works deviates from the requirements set forth in the NPDES permit issued to the city, or such that interference with the treatment process or facilities would result . Significant noncompliance. (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during a six- 9 month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (2) Technical review criteria (TRC) violations, are defined here as those in which thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1 . 4 for BOD, TSS, fats, oils and grease, and 1 . 2 for all other pollutants except pH) ; (3) Any other discharge violation that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public) ; (4 ) Any discharge violation that the city believes has caused imminent endangerment to the public or to the environment, or has resulted in the city' s exercise of its emergency authority to halt or prevent such a discharge; (5) Failure to meet, within , ninety (90) days of the scheduled date, a compliance schedule milestone contained in an industrial pretreatment user permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; (8) Any other violation (s) which the city determines will adversely affect the operation or implementation of the local pretreatment program. 10 Slug. 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-hour concentration or flows during normal operation. Slug load. Any discharge at a flow rate or concentrations which could cause a violation of the prohibited discharge standards in Section 29-4 of this article or any other discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or noncustomary batch discharge . Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the U. U. Office of Management and Budget Standard specifications. The City of Cape Girardeau Standard Specifications and drawings, as may be amended, on file with the City Clerk. Storm drain (sometimes termed "storm sewer") . A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Stormwater. Any flow occurring during or following any form of natural precipitation, resulting therefrom, including snowmelt . Suspended solids (SS) . 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, expressed in milligrams per liter. Technical review criteria (TRC) . Violations in which thirty- three (33) percent or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria, 1 . 4 for BOD, TSS, fats, oils and grease, and 1 . 2 for all other pollutants except pH. Toxic pollutant (s) Any pollutants, gaseous, liquid or solid, which when discharged into the sewage system may tend to interfere with any waste treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or to create a hazard to recreation in the receiving water of the effluent from the sewage treatment plant . Such pollutant, or combination of pollutants, are listed as toxic in regulations 11 promulgated by EPA under the provisions of Section 307 (33 U. S . C. 1317) of the Act . Treatment plant effluent. Any discharge of pollutants from the POTW into waters of the state. User. Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. Users include property owners who provide common interceptors for one or more independent establishments, including tenants . User charge. That portion of the total sewer service charge which is levied for the cost of operation, maintenance and replacement of the sewage system. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. Wastewater. Any liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Wastewater coordinator. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article or his duly authorized representative . Wastewater treatment plant. That portion of the POTW designed to provide treatment of sewage and industrial wastes . Section 29-2 . Abbreviations The following abbreviations shall have the designated meanings : BOD-Biochemical oxygen demand CFR-Code of Federal Regulations COD-Chemical oxygen demand CSR-Code of State Regulations EPA-U. S. Environmental Protection Agency FOG-Fats, Oils, and Greases 12 FSE-Food Service Establishments gpd—Gallons per day 1—Liter mg—Milligrams mg/1—Milligrams/Liter NPDES—National Pollutant Discharge Elimination System O&M—Operation and maintenance POTW—Public owned treatment works RCRA—Resource Conservation and Recovery Act SIC—Standard Industrial Classifications SWDA—Solid Waste Disposal Act (42 U. S .C. 6901, et seq. ) TRC—Technical review criteria TSS—Total suspended solids USC—United States Code Section 29-3 . General provisions . (A) Purpose and policy. This article sets forth uniform requirements for users of the wastewater collection and publicly owned treatment works (POTW) for the City of Cape Girardeau and enables the city to comply with all applicable state and federal laws including the Clean Water Act (33 U . S . C. 1251 et seq. ) , and the General Pretreatment Regulations (40 CFR Part 403) . The objectives of this article are : (1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW; (2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into the receiving waters or otherwise be incompatible with the POTW; (3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statues and regulations; (4 ) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; 13 (5) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; ( 6) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and (7) To enable the city to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject . (B) Administration. Except as otherwise provided herein, the city manager shall administer, implement and enforce the provisions of this article . Any powers granted to or duties imposed upon the city manager may be delegated by the city manager to other city personnel . Section 29-4 . General sewer use requirements . (A) Prohibited discharge standards. No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference . These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements . Furthermore, no industrial user may contribute the following substances to the POTW: (1) Pollutants which create a fire or explosive hazard in the municipal wastewater collection system and POTW, including, but not limited to, wastewater streams with closed-cup flashpoint of less than one hundred forty (140) degrees F (sixty (60) degrees C) using the test method specified in 40 CFR 261 .21 . (2) Any wastewater having a pH less than 5 . 5 or more than 9 . 5, or otherwise causing corrosive structural damage to the POTW or equipment, or endangering city personnel . (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in 14 interference, but in no case solids greater than one (1) inch or two and one-half (2 . 5) centimeters in any dimension. (4 ) Any wastewater containing pollutants, including oxygen demanding pollutants (BOD, COD etc. ) , released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW; or any wastewater treatment or sludge process, or which will constitute a hazard to human or animals . (5) Any wastewater having a temperature greater than one hundred fifty (150) degrees F or sixty-five (65) degrees C, or which will inhibit biological activity in the treatment plant, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104 ) degrees F (forty (40) degrees C) . (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems . (8) Any trucked or hauled pollutants, except at discharge points designated by the city in accordance with Section 29-6 (E) . (9) Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or to prevent entry into sewers for maintenance and repair. (10) Any wastewater which imparts color which cannot be removed by the treatment process, such as but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant' s effluent thereby violating the 15 city' s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten (10) percent from the seasonably established norm for aquatic life. (11) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the city manager in compliance with applicable state or federal regulations . (12) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the city manager. (13) Any sludges, screenings, or other residues from the pretreatment of industrial wastes . (14) Any medical wastes, except as specifically authorized by the city manager in an industrial pretreatment user permit . (15) Any wastewater causing the treatment plant' s effluent to fail a toxicity test . (16) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW. (17) Any discharge of fats, oils, or grease in violation of Section 29-5 . Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user' s pretreatment facility before connecting with the POTW. (B) Federal categorical pretreatment standards. The national categorical pretreatment standards found at 40 CFR Chapter 16 I, Subchapter N, Parts 405-471 and hereafter amended are hereby incorporated. (C) State pretreatment requirements. The State of Missouri Pretreatment Standards found at 10 CSR Division 20-6. 100 and hereafter amended are hereby incorporated. (D) Specific pollutant limitations. The city will evaluate annually the need for local limits as determined by MoDNR. (E) City's right of revision . The city reserves the right to establish, by ordinance or in industrial pretreatment user permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives in Section 29-3 of this article or the general and specific prohibitions in Section 29-4 (A) of this article. (F) Special agreements. The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement . However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403 . 15 . They may also request a variance from categorical pretreatment -standard from EPA. Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403 . 13 . (G) Dilution. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement . The city manager may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. 17 Section 29-5 . Fat, oil, and grease control. (A) Scope and purpose. The objective of this section is to aid in preventing the introduction and accumulation of fats, oils, and greases into the municipal wastewater system which will or tend to cause or contribute to sanitary sewer blockages and obstructions . Food service establishments and other industrial, institutional or commercial establish- ments generating wastewater containing fats, oils or greases are subject to this section. This section regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions hereof. Existing grease traps or interceptors that are in good repair and functioning properly may be exempt from grease trap location requirements until such time that the establishment changes ownership, undergoes a major remodel, change of purpose, or fails to meet discharge action levels . (B) Grease interceptor installation, inspection, maintenance, record-keeping, and grease removal . (1) Grease interceptors shall be installed and maintained at the user' s expense, when a user operates a food service establishment . Grease interceptors may be required in noncooking or cold dairy and frozen foodstuffs establishments and other industrial or commercial establishments when the establishment generates wastewater containing fat or grease and the Public Works Director or his designee determines an interceptor is necessary to prevent contribution or accumulation of grease to the sanitary sewer collection and treatment system. No user shall allow wastewater discharge concentration from subject grease interceptor to exceed an established action level of 100 milligrams per liter, expressed as hexane extractable material . Any user in violation of ' these limits shall be subject to penalties as set out in this Article. All grease interceptors shall be of a type, design, and capacity approved by the Public Works Director or his designee and shall be readily and easily accessible for maintenance and repair, including cleaning and for inspection. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than 18 every 60 days or as permitted in a valid program modification. Users who are required to pass wastewater through a grease interceptor shall : (a) Provide for a minimum hydraulic retention time of 24 minutes at actual peak flow between the influent and effluent baffles, with 25 percent of the total volume of the grease interceptor being allowed for any food-derived solids to settle or accumulate and floatable grease-derived materials to rise and accumulate, identified hereafter as a solids blanket and grease cap respectively. (b) Remove any accumulated grease cap and solids blanket as required, but at intervals of not longer than 60 days at the user' s expense, or in accordance with a valid program modification or other Public Works Director or his designee' s requirements . Grease interceptors shall be kept free of inorganic solid materials, such as grit, rocks, gravel, sand, eating utensils, Styrofoam, cigarettes, shells, towels, rags, etc. , which could settle into this solids blanket and thereby reduce the effective volume of the grease interceptor. (c) Operate and maintain the grease interceptor to achieve and maintain any applicable grease action level . This shall mean any wastewater sample taken from such grease interceptor must meet the terms of numerical limit attainment described in Section 29-5 B (1) . (d) If a user documents that conditions exist ("space constraints") on their establishment site that limit the ability to locate a grease interceptor on the exterior of the establishment, the user may request an interior location for the interceptor. Such request shall contain the following information: (1) Location of city sewer main and easement in relation to available exterior space outside building. (2) Existing plumbing layout at or in a site . 19 (3) A statement of understanding, signed by the user or authorized agent, acknowledging and accepting conditions the Public Works Director or his designee may place on permitting an identified interior location. Conditions may include requirements to use alternative mechanisms, devices, procedures, or operations relative to an interior location. (4 ) Grant of Access to Interceptor for city inspection. (5) Such other information as may be required by the Public Works Director or his designee. (e) The use of biological or other additives as a grease degradation or conditioning agent is not permissible . (f) The use of automatic grease removal systems is permissible only upon prior written approval of the Public Works Director or his designee and the Cape Girardeau County Public Health Center Director or designee. Any user using a grease interceptor located on the interior of the site shall be subject to any operational requirements set forth by the City of Cape Girardeau. Any user using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit' s outlet, is achieved as required by the Public Works Director or his designee. (g) The Public Works Director or his designee may make determinations of grease interceptor adequacy need, design, appropriateness, application, location, modification (s) , and conditional usage based on review of all relevant information regarding grease interceptor performance, facility site and building plan review by all regulatory reviewing agencies and may require repairs to, or modification or replacement of grease interceptors . 20 (h) The user shall allow access to the Public Works Director or his designee for the purpose of determining compliance with this Article . (2) The user shall maintain a written record of grease interceptor maintenance for three years . All such records will be available for inspection at all times . These records shall include : (a) FSE name and physical location; (b) Date of grease interceptor service; (c) Time of grease interceptor service; (d) Name of grease interceptor service company; (e) Name and signature of grease interceptor service company agent performing said service; (f) Established service frequency and type of service; (g) Number and size of each grease interceptor serviced at FSE location; (h) Approximated amount, per best professional judgment of contract service provider, of grease and solids removed from each grease interceptor; (i) Total volume of waste removed from each grease interceptor; (j ) Destination of removed wastes, food solids, and wastewater disposal; (k) Signature and date of FSE personnel confirming service completion; (1) Such other information as required by Public Works Director or his designee. (3) No nongrease-laden sources are allowed to be connected to sewer lines intended for grease interceptor service . (4) Access manholes shall have an installed diameter of 24 inches, and shall be provided over each chamber, interior baffle wall, and each sanitary tee. The 21 access penetrations, commonly referred to as "risers" into the grease interceptor shall also be, at a minimum, 24 inches in diameter. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities . (5) A user may request a modification to the following requirements of this section. Such request for a modification shall be in writing and shall provide the information set forth below: (a) The user' s grease interceptor pumping frequency. The Public Works Director or his designee may modify the 60-day grease interceptor pump out frequency when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate and such can be substantiated by the Public Works Director or his designee. (b) Grease interceptor maintenance and service procedures . The Public Works Director or his designee may modify the method (s) or procedure (s) utilized to service a grease interceptor when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate method or procedure and such can be substantiated by the Public Works Director or his designee. If a modification to maintenance and service procedures is permitted it shall be a conditional discharged permit approval . (c) Any modification must be approved by the Public Works Director or his designee in written form before implementation by the user or the user' s designated service provider. The user shall pay modification fees as set forth in the City Fee , Schedule. 22 Section 29-6. Pretreatment Of Wastewater. (A) Pretreatment facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 29-4 (A) above within the time limitations specified by the EPA, the state or the city manager whichever is more stringent . Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user' s expense. Detail plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this article . (B) Additional pretreatment measures. (1) Whenever deemed necessary, the city manager may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastewaters, and such other conditions as may be necessary to protect the POTW and determine the industrial user' s compliance with the requirements of this article . (2) Fats, oil, and grease interceptors shall be subject to fats, oil, and grease control regulations contained in Section 29-5 . Sand interceptors shall be provided when, in the opinion of the city manager, they are necessary for the proper handling of wastewater containing excessive amounts of sand; except that such interceptors shall not be required for residential users . All interceptors units shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner at his expense . 23 (3) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (C) Accidental discharge/slug control plans. The city manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the city manager shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: (1) Description of discharge practices, including non- routine batch discharges . (2) Description of stored chemicals . (3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which could violate any of the prohibited discharges in Section 29-4 (A) of this article . (4 ) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) , and/or measures and equipment for emergency response. (D) Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with this article. (E) Hauled wastewater. (1) Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment 24 plant area, and at such times as are established by the city manager, provided such wastes do not violate Section 29-4 (A) of this article or any other requirements established or adopted by the city. A Waste Hauler permit for individual vehicles to use such facilities shall be issued by the city manager pursuant to the requirements of this section. (2) The discharge of hauled industrial wastes as "industrial septage" requires prior approval and a Waste Hauler permit from the city. The city manager shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this article . (3) Fees for dumping domestic and industrial septage will be established as part of the industrial user fee system as authorized in Section 29-17 (A) . (F) Damage to sewage equipment or appurtenances. It shall be unlawful for any person to break, damage, destroy, cover, uncover, fill over, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works . Any person convicted of violating this section shall be punished in accordance with Section 1-8 of the Code of Ordinances . Section 29-7 . Industrial pretreatment user permit eligibility. (A) Wastewater survey. When requested by the city manager, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge . The city manager is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this article . (B) Industrial pretreatment user permit requirement. (1) It shall be unlawful for any significant user to discharge wastewater into the city' s POTW without obtaining an industrial pretreatment user permit from 25 the city manager. Any violation of the terms and conditions of an industrial pretreatment user permit shall be deemed a violation of this article and subjects the industrial pretreatment user permittee to the sanctions set out in Sections 29-13 through 29-15 . Obtaining an industrial pretreatment user permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law. (2) The city manager may require other industrial users, including liquid waste haulers, to obtain an industrial pretreatment user permits as necessary to carry out the purpose of this article. (C) Industrial pretreatment user permitting existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the city for an industrial pretreatment user permit, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this article except in accordance with an industrial pretreatment user permit issued by the city manager. (D) Industrial pretreatment user permitting new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain an industrial pretreatment user permit prior to beginning or recommencing of such discharge. An application for this wastewater permit must be filed at least ninety (90) days prior to the date upon which discharge will begin. (E) Industrial pretreatment user permitting extra jurisdictional industrial users. Any existing significant industrial user located beyond the city limits shall submit an industrial pretreatment user permit application, in accordance with Section 29-7 (F) below, within ninety (90) days of the effective date of this article .. New significant industrial users located beyond the city limits shall submit such application to the city manager ninety (90) days prior to any proposed discharge into the POTW. 26 (F) Industrial pretreatment user permit application contents. In order to be considered for an industrial pretreatment user permit, all industrial users required to have an industrial pretreatment user permit must submit the information required by Section 29-9 (A) (2) of this article. The city manager shall approve a form to be used as a permit application. In addition, the following information may be requested: (1) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW. (2) Number of employees, hours of operation, and proposed or actual hours of operation of the plant . (3) Each product produced by type, amount, process or processes, and rate of production. (4) Type and amount of raw materials processed (average and maximum per day) . (5) The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge . (6) Time and duration of the discharge . (7) Any other information as may be deemed necessary by the city manager to evaluate the industrial pretreatment user permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (G) Application signatories and certification . All industrial pretreatment user permit applications and industrial user reports must contain the following certification statement 27 and be signed by an authorized representative of the industrial user. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations . " (H) Industrial pretreatment .user permit decisions. The city manager will evaluate the data furnished by the industrial user and may require additional information. Within thirty (30) days of receipt of a complete industrial pretreatment user permit application, the city manager will determine whether or not to issue an industrial pretreatment user permit . If no determination is made within this time period, the application will be deemed denied. The city manager may deny any application for an industrial pretreatment user permit . Section 29-8 . Industrial pretreatment user permit issuance process . (A) Industrial pretreatment user permit duration. Industrial pretreatment user permits shall be issued for a specified time period, not to exceed five (5) years . An industrial pretreatment user permit may be issued for a period less than five (5) years, at the discretion of the city manager. Each industrial pretreatment user permit will indicate a specific date upon which it will expire . (B) Industrial pretreatment user permit contents. Industrial pretreatment user permits shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant' s effluent, protect worker health and safety, facilitate sludge 28 management and disposal, protect against damage to the POTW. (1) Industrial pretreatment user permits must contain the following conditions : (a) A statement that indicates industrial pretreatment user permit duration, which in no event shall exceed five (5) years . (b) A statement that the industrial pretreatment user permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing industrial pretreatment user permit . (c) Effluent limits applicable to the user based on applicable standards in federal, state, or local law. (d) Self monitoring, sampling, reporting, notification, and record keeping requirements . These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law. (e) Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law. (2) Industrial pretreatment user permits may contain, but need not be limited to, the following: (a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for the flow regulation and equalization. 29 (b) Limit on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties . (c) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works . (d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges . (e) Development and implementation of waste mini- mization plans to reduce the amount of pollutants discharged into the POTW. (f) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharges to the POTW. (g) Requirements for installation and maintenance of inspection and sampling facilities and equipment . (h) A statement that compliance with the industrial pretreatment user permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the industrial pretreatment user permit . (i) Other conditions as deemed appropriate by the city manager to ensure compliance with this article, state and federal laws, rules, and regulations . (C) Industrial pretreatment user permit appeals. Any person, including the industrial user may petition the city to 30 reconsider the terms of an industrial pretreatment user permit within sixty (60) days of its issuance. (1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal . (2) In its petition, the appealing party must indicate the industrial pretreatment user permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the industrial pretreatment user permit . (3) The effectiveness of the industrial pretreatment user permit shall not be stayed pending appeal . (4) If the city manager fails to act within sixty (60) days, a request for reconsideration shall be denied. Decisions not to reconsider an industrial pretreatment user permit, not to issue an industrial pretreatment user permit, or not to modify an industrial pretreatment user permit, shall be considered final administrative action. (5) Any permit applicant may file with the city council a written request for reconsideration of the decision within ten (10) days . The city council may hear the appeal and shall make a final ruling within thirty- five (35) days of receipt of the user' s written appeal . The decision of the city council shall be considered final administrative action for the purposes of judicial review. (D) Industrial pretreatment user permit modification. The city manager may modify the industrial pretreatment user permit for good cause including, but not limited to, the following: (1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements . (2) To address significant alterations or additions to the industrial user' s operation, processes, or wastewater volume or character since the time of industrial pretreatment user permit issuance. 31 (3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. (4) Information indicating that the permitted discharge poses a threat to the city' s POTW, city personnel, or the receiving waters . (5) Violation of any terms or conditions of the industrial pretreatment user permit. (6) Misrepresentation or failure to fully disclose all relevant facts in the industrial pretreatment user permit application or in any required reporting. (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403 . 13 . (8) To correct typographical or other errors in the industrial pretreatment user permit . (9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. The filing of a request by the permittee for an industrial pretreatment user permit modification does not stay any industrial pretreatment user permit conditions . (E) Industrial pretreatment user permit transfer. Industrial pretreatment user permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the city manager and the city manager approves the industrial pretreatment user permit transfer. The notice to the city manager must include a written certification by the new owner and/or operator which: (1) States that the new owner and/or operator has no immediate intent to change the facility' s operations and processes . 32 (2) Identifies the specific date on which the transfer is to occur (3) Acknowledges full responsibility for complying with the existing industrial pretreatment user permit . Failure to provide advance notice of a transfer renders the industrial pretreatment user permit voidable on the date of a facility transfer. (F) Industrial pretreatment user permit revocation . Industrial pretreatment user permits may be revoked for the following reasons : (1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge. (2) Failure to provide prior notification to the city of changed condition pursuant to Section 29-9 (E) . (3) Misrepresentation or failure to fully disclose all relevant facts in the industrial pretreatment user permit application. (4 ) Falsifying self-monitoring reports . (5) Tampering with monitoring equipment . (6) Refusing to allow the city timely access to the facility premises and records . (7) Failure to meet effluent limitations . (8) Failure to pay fines and penalties . (9) Failure to pay sewer charges . (10) Failure to meet compliance schedules . (11) Failure to complete a wastewater survey or the industrial pretreatment user permit application. 33 (12) Failure to provide advance notice of the transfer of a permitted facility. (13) Violation of any pretreatment standard or requirement, or any terms of the industrial pretreatment user permit or this article . Industrial pretreatment user permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All industrial pretreatment user permits are void upon the issuances of a new wastewater discharge permit . (G) Industrial pretreatment user permit reissuance. A significant industrial user shall apply for industrial pretreatment user permit reissuance by submitting a complete industrial pretreatment user permit application in accordance with Section 29-8 (F) a minimum of ninety (90) days prior to the expiration of the industrial user' s existing industrial pretreatment user permit . Section 29-9 . Reporting requirements . (A) Baseline monitoring reports . (1) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403 . 6 (a) (4) , whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in subsection (2) , below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in paragraph (b) , below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards . A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. 34 (2) The industrial user shall submit the information required by this section including: (a) Identifying information . The name and address of the facility including the name of the operator and owners . (b) Industrial pretreatment user permits. A list of any environmental control industrial pretreatment user permits held by or for the facility. (c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation (s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes . (d) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403 . 6 (e) . (e) Measurement of pollutants. (1) Identify the categorical pretreatment standards applicable to each regulated process . (2) Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process . Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 29-9 (J) . 35 (3) Sampling must be performed in accordance with procedures set out in Section 29-9 (K) . (f) Certification. A statement reviewed by the industrial user' s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a constant basis—and, if not, whether additional operation and maintenance (0&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements . (g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or 0&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards . A I ompliance schedule pursuant to this section must meet the requirements set out in Section 29-7 (F) and 29-13 (D) of this article . (h) All baseline monitoring reports must be signed and certified in accordance with Section 29-7 (G) . (B) Compliance schedule progress report. The following conditions shall apply to the schedule required by Section 29-9 (A) (2) (G) . The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation) No increment referred to above shall exceed nine (9) months . The industrial user shall submit a progress report to the city manager no later than fourteen (14 ) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, (and, if appropriate) the steps being taken by the industrial user to return to the established schedule . In no event shall more than nine (9) 36 months elapse between such progress reports to the city manager. (C) Report on compliance with Categorical Pretreatment Standards deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in Section 29-9 (A) (2) (d—f) . For industrial users subject to equivalent mass or concentration limits established in accordance with the procedure in the 40 CFR 403 . 6 (c) , this report shall contain a reasonable measure of the industrial user' s long term production rate . For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) , this report shall include the industrial user' s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 29-7 (G) . (D) Periodic compliance reports (1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the city manager but in no case less than twice per year (in June and December) , submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 29-7 (G) . (2) All wastewater samples must be representative of the industrial user' s discharge . Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times . The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that the sample results are unrepresentative of its discharge. 37 (3) If an industrial user subject to the monitoring requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Section 29-9 (J) and (K) of this article the results of this monitoring shall be included in the report . (E) Report of changed conditions Each industrial user is required to notify the city manager of any planned significant changes to the industrial user' s operations or system which might alter the nature, quality or volume of its wastewater at least sixty (60) days before the change. (1) The city manager may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial pretreatment user permit application under Section 29-7 (F) . (2) The city manager may issue an industrial pretreatment user permit under Section 29-7 (H) or modify an existing discharge permit under Section 29-8 (D) . (3) No industrial user shall implement the planned changed condition (s) until and unless the city manager has responded to the industrial user' s notice . (4) For purpose of this requirement flow increases of ten (10) percent or greater, and the discharge of any previously unreported pollutants shall be deemed significant . (F) Reports of potential problems. (1) In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 29-4 (A) of this article) , it is the responsibility of the industrial user to immediately telephone and notify the city manager of the incident . This notification shall include the location of discharge, type of 38 waste, concentration and volume, if known, and corrective actions taken by the industrial user. (2) Within five (5) days following such discharge, the industrial user shall, unless waived by the city manager, submit a detailed written report describing the cause (s) of the discharge and the measures taken by the industrial user to prevent similar future occurrences . Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article. (3) Failure to notify the city manager of potential problem discharges shall be deemed a separate violation of this article. (4 ) A notice shall be permanently posted on the industrial user' s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (1) , above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. (G) Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain an industrial pretreatment user permit shall provide appropriate reports to the city as the city manager may require. (H) Notice of violation/repeat sampling reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat sampling and analysis to the control authority within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user' s at least once a month, or if the 39 POTW performs sampling between the industrial user' s initial sampling and when the industrial user receives the results of this sampling. (I) Notification of the discharge of hazardous waste. (1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and MDNR Waste Management Program Director in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 . Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other) . If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months . All notifications must take place no later than one hundred eighty (180) days after the discharge commences . Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 29- 9 (E) , above . The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Sections 29- 9 (A) , (C) and (D) above. (2) Dischargers are exempt from the requirements of paragraph (a) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261 . 30 (d) and 261 . 33 (e) . Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute 40 hazardous wastes as specified in 40 CFR 261 . 30 (d) and 261 . 33 (e) , requires a one time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. (3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and the MDNR Waste Management Program Director of the discharge of such substance within 90 days of the effective date of such regulations . (4 ) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical . (J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of an industrial pretreatment user permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (K) Sample collection. (1) Except as indicated in subsection (2) , below, the industrial user must collect wastewater samples using flow proportional composite collection techniques . In the event flow proportional sampling is infeasible, the city manager may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits . 41 (2) Samples for oil grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile chemicals must be obtained using grab collection techniques . (L) Determination of noncompliance. The city manager may use a grab sample to determine noncompliance with pretreatment standards . (M) Timing. Written reports will be deemed submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U. S . Postal Service, the date of receipt of the report shall govern. (N) Record keeping. Industrial users shall retain, and make available for inspection and copying, all records of monitoring activities, results and information required to be retained under this article . These records shall remain available for a period of at least three (3) years . This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the city manager or the control authority. Section 29-10 . Compliance monitoring. (A) Inspection and sampling. The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the city manager or his representative ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties . (1) Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel the city, state, and EPA will be permitted to enter without delay, for 42 the purposes of performing their specific responsibilities . (2) The city, state, and EPA shall have the right to set up on the industrial user' s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user' s operations . (3) The city may require the industrial user to install monitoring equipment as necessary. The facility' s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense . All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. (4 ) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city manager and shall not be replaced. The costs of clearing such access shall be born by the industrial user. (5) Unreasonable delays in allowing city personnel access to the industrial user' s premises shall be a violation of this article . (6) While performing the necessary work on private properties referred to in Section 29-10 (A) , the city manager or duly authorized employees of the city shall observe all safety rules applicable to the premise established by the company. (B) Search warrants. If the city manager has been refused access to a building, structure or property or any part thereof, and if the city manager has demonstrated probable cause to believe that there may be a violation of this article or that there is need to inspect as part of a routine inspection program of the city designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the city attorney, the municipal court judge of the city shall 43 issue a search and/or seizure warrant describing therein the specific location subject to warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property by the city manager in the company of a uniformed police office of the city. In the event of an emergency affecting public safety, inspections shall be made without the issuance of a warrant . Section 29-11 . Confidential information. Information and data on an industrial user obtained from reports, surveys, industrial pretreatment user permit applications, industrial pretreatment user permits, and monitoring programs, and from the city inspection and sampling activities, shall be available to the public without restriction—unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the city manager, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report . Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2, 302 will not be recognized as confidential information and will be available to the public without restriction. Section 29-12 . Publication of industrial users in significant noncompliance. The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements . 44 Section 29-13 . Administrative enforcement remedies . (A) Notification of violation. Whenever the city manager finds that any user has violated or is violating this article, an industrial pretreatment user permit or order issued hereunder, or any other pretreatment requirement, the city manager or his agent may serve upon said user a written notice of violation. Within five (5) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city manager. Submission of this plan in no way relieves the user of liability from any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (B) Consent orders. The city manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Section 29-13 (D) and 29-110 . 5 below and shall be judicially enforceable. (C) Show cause hearing. The city manager may order any user which causes or contributes to violation (s) of this article, industrial pretreatment user permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date . A show cause hearing shall not 45 be a prerequisite for taking any other action against the user. (D) Compliance orders. When the city manager finds that a user has violated or continues to violate this article, industrial pretreatment user permits or, orders issued hereunder, or any other pretreatment standard or requirement, he may issue an order to the industrial user responsible for the discharge directing that the user come into compliance within thirty (30) days . If the user does not come into compliance within thirty (30) days, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking other action against the user. (E) Cease and desist orders. When the city manager finds that a user is violating this article, the user' s industrial pretreatment user permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user' s past violations are likely to recur, the city manager may issue an order to the user directing it to cease and desist all such violations and directing the user to. (1) Immediately comply with all requirements .. (2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. 46 (F) Administrative penalty. (1) Notwithstanding any other section of this article, any user that is found to have violated the cease and desist order issued by the city manager shall be penalized in an amount not to exceed one thousand dollars ($1000 . 00) . Such penalties shall be assessed on a per violation, per day basis . In the case of monthly or other long term average discharge limits, penalties shall be assessed for each day during the period of violation. (2) Unpaid penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten (10) percent of the unpaid balance and interest shall accrue thereafter at a rate ten (10) percent per month. A lien against the individual user property will be sought for unpaid charges and penalties . (3) Users desiring to dispute such penalty must file a written request for the city manager to reconsider the penalty along with full payment of the penalty amount within sixty (60) days of being notified of the penalty. Where a request has merit, the city manager shall convene a hearing on the matter within thirty (30) days of receiving the request from the industrial user. In the event the user' s appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user. The city manager may add the costs of preparing administrative enforcement actions such as notices and orders to the penalty. (4) Issuance of an administrative penalty shall not be prerequisite for taking any other action against the user. (G) Emergency suspensions. The city manager may immediately suspend a user' s discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons . The city manager may also immediately suspend a user' s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment . 47 (1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user' s failure to immediately comply voluntarily with the suspension order, the city manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals . The city manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in Section 29-13 (H) are initiated against the user. (2) A user is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city manager, prior to the date of any show cause or termination hearing under Sections 29-13 (C) and (H) . Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (H) Termination of discharge. In addition to those provisions in Section 29-8 (F) of this article, any user that violates the following conditions of this article, industrial pretreatment user permits, or orders issued hereunder, is subject to discharge termination. (1) Violation of industrial pretreatment user permit conditions . (2) Failure to accurately report the wastewater constituents and characteristics of its discharge. (3) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge . 48 (4) Refusal of reasonable access to the user' s premises for the purpose of inspection, monitoring or sampling. (5) Violation of the pretreatment standards in Section 29- 4 of this article. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 29-13 (C) of this article why the proposed action should not be taken. Section 29-14 . Judicial enforcement; remedies . (A) Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, industrial pretreatment user permits or orders issued hereunder, or any other pretreatment requirement, the city manager may petition the appropriate court through the city' s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial pretreatment user permit, order or other requirement imposed by this article on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. (B) Civil penalties. (1) Any user which has violated or continues to violate this article, any order or industrial pretreatment user permit hereunder, or any other pretreatment standard or requirement shall be liable to the city manager for a maximum penalty of five hundred dollars ($500 . 00) per violation per day. In the case of monthly or other long-term average discharge limits, penalties shall accrue for each day during the period of the violation. (2) The city manager may recover reasonable attorney' s fees, court costs, and other expenses associated with enforcement activities, including sampling and 49 monitoring expenses, and the cost of any actual damages incurred by the city. (3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user' s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires . (4) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. (C) Criminal prosecution. (1) Any user that willfully or negligently violates any provision of this article, any orders or industrial pretreatment user permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by penalty of not more than five hundred dollars ($500 . 00) per violation per day or imprisonment for not more than three (3) months or both. (2) Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least five hundred dollars ($500 . 00) and/or be subject to imprisonment for three (3) months . This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (3) Any user knowingly makes any false statements, representations, or certification in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this article, industrial pretreatment user permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished 50 by a penalty of not more than five hundred dollars ($500 . 00) per violation per day or imprisonment for not more than three (3) months or both. (D) Remedies nonexclusive. The provisions in Sections 29-12 through 29-15 are not exclusive remedies . The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city' s enforcement response plan. However, the city reserves the right to take other action against any user when circumstances warrant . Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. Section 29-15 . Supplemental enforcement action. (A) Liability insurance. The city manager may decline to reissue an industrial pretreatment user permit to any user which has failed to comply with the provisions of this article, any order, or a previous industrial pretreatment user permit issued hereunder, unless the user first submits .proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by this discharge . (B) Water supply severance. Whenever a user has violated or continues to violate the provisions of this article, orders, or industrial pretreatment user permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user' s expense, after it has satisfactorily demonstrated its ability to comply. (C) Public nuisances. Any violation of this article, industrial pretreatment user permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the city manager. Any person (s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance. 51 Section 29-16. Affirmative defenses to discharge violations . (A) Upset. (1) For the purpose of this section, `upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3) are met . (3) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through signed, contemporaneous operating logs, or other relevant evidence that : (a) An upset occurred and the industrial user can identify the cause (s) of the upset; (b) The facility was at the time being operated in a prudent and -workmanlike manner and in compliance with applicable operation and maintenance procedures; (c) The industrial user submitted the following information to the POTW and treatment plant operator within twenty-four (24) hours of becoming aware of the upset, if this information is provided orally, a written submission must be provided within five (5) days : (1) A description of the indirect discharge and cause of noncompliance 52 (2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue (3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance . (4) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. (5) Industrial users will have the opportunity for a judicial determination on any claim of upset in an enforcement action brought for noncompliance with categorical pretreatment standards . (6) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails . (B) General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 29-4 (A) of this article if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharge from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during the pass through or interference, or 53 (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user' s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements . (C) Bypass. (1) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (2) and (3) of this section. (a) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten (10) days before the date of the bypass if possible. (b) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty- four (24 ) hours from the time it became aware of the bypass . A written submission shall also be provided with five (5) days of the time the industrial user becomes aware of the bypass . The written submission shall contain a description of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass_. The POTW may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours . (2) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless; (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 54 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The industrial user submitted notices as required under subsection (2) of this section. (3) The POTW may approve an anticipated bypass, after considering its adverse effects, _ if the POTW determines that it will meet the three (3) conditions listed in subsection (3) a . of this section. Section 29-17 . Miscellaneous provisions . (A) Pretreatment charges and fees. The city may adopt reasonable charges and fees for the reimbursement of costs of setting up and operating the city' s industrial pretreatment program. (1) Fees for industrial pretreatment user permit applications including the cost of processing such applications . (2) Fees for monitoring, . inspection, and surveillance procedures including the costs of collection and analyzing an industrial user' s discharge, and reviewing monitoring reports submitted by industrial users . (3) Fees for reviewing and responding to accidental discharge procedures and construction. (4 ) Fees for filing appeals . (5) Fees for dumping hauled septage and industrial waste . 55 (6) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, and penalties chargeable by the city. (B) Severability. If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect . (C) Conflicts. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this article, are hereby repealed to the extent of the inconsistency or conflict . DIVISION II : PRIVATE SERVICE LINES AND CONNECTIONS Section 29-18 : Connections to surface water, groundwater sources prohibited. (A) Connections to sanitary sewers which terminate in basements of uncompleted buildings shall be tightly stopped so as to prevent the entrance of surface water into the sanitary sewer. Uncovered basements collecting rainwater, or water from other sources, must be dewatered by the pumping of same. In no event may such water enter a sanitary sewer. (B) Existing sewer connections to sanitary sewers, which carry water from roof drains, yard drains and uncovered areaways, shall be so altered as to permit the passage of sanitary sewage only. Roof drains shall be arranged to discharge on the surface of the ground a minimum of four feet behind the right-of-way line . (C) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building service line or building drain which in turn is connected directly or indirectly to a public sanitary sewer. 56 Section 29-19. Duty of owner to connect to public sewer; time limitation. Where sanitary sewers exist, or are constructed in the city, it shall be the duty of the owner of the property to connect same to the public sewer at his expense, provided such public sewer is within two hundred (200) feet of the property line. Such connection shall be made within ninety (90) days after date of official notice from city manager. Section 29-20 . Penalty for violation of provisions . Any owner mentioned above, who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1-8 of this Code . DIVISION III : USE OF PUBLIC SEWERS Section 29-21 . Unlawful to discharge stormwater, surface water, etc. , into sanitary sewer. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. Section 29-22 . Procedure for discharge of stormwater, unpolluted drainage, industrial cooling water. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city manager. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city manager, to a storm sewer, or natural outlet . Section 29-23 . Unlawful to deposit any waste, other objectionable material upon public, private premises . It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste . 57 Section 29-24 . Unlawful to discharge sewage, other polluted waters . 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 or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article . Section 29-25 . Unlawful to construct, maintain privy, cesspool, etc. , for disposal of sewage. Except as otherwise provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. Section 29-26. Duty of owners to install toilet facilities . (A) Except as set forth in subsection (b) herein, the owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within ninety (90) days after date of official notice to do so, provided that the public sewer is within two hundred (200) feet of the property line . (B) The requirements contained in subsection (a) of this section shall not apply to private sewage disposal systems or septic tanks in existence prior to January 31, 2003, unless that private system or septic tank ceases to function or becomes a health hazard or nuisance as defined by applicable law. Section 29-27 . Control manholes; maintenance and operation. The owner of any Commercial or Industrial property serviced by a building sewer shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes . Such manhole shall be accessibly and 58 safely located, and shall be constructed in accordance with plans approved by the city manager. 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 . Section 29-28 . Use of grease and sand interceptors . Grease, oil and sand interceptors shall be provided when, in the opinion of the city manager, 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 meet the requirements set forth in Section 29-5 . DIVISION IV: ACCOUNTS AND BILLING Section 29-29 . Classification of users . (A) Users of the sewage system are hereby classified in the following manner: (1) Residential . Residential users of any structure which is used exclusively as a dwelling. Users of a portion of a structure which portion is separately metered for water use and is used exclusively as a dwelling are also classified as residential users . Residential users shall not include the users of hotels, motels, boardinghouses, nursing homes or residence halls . (2) Commercial and industrial . Commercial and industrial users are all users of the system other than residential users . (B) Revenue received from sewage service charges shall be accounted for according to the above user classifications . Section 29-30 . Sewer service charges . (A) Levied. There is hereby levied on each sewage system user having any sewer connection with the sewage system of the city or otherwise discharging sewage, industrial waste, or other liquids, either directly or indirectly into the 59 city' s sewage system, a sewage service charge. Subject to the exceptions provided in this chapter, such charge shall be based upon the quantity of water used in or on the premises as the same is measured by a water or sewage meter or meters approved by the city. Additional charges for extra strength sewage, toxic pollutants, and wastewater monitoring will be levied where applicable . (B) Basic sewer service charge. Each user of the sewage system of the city shall pay for the use of such system based on the following schedule of. rates : User Charge Capital Charge Total Portion Portion Service $3 . 32 monthly $9. 87 monthly $13 . 19 monthly Charge: bill bill bill Quantity $2 .59/Ccf $0 . 41/Ccf $3 . 00/Ccf Charge: All Volume Quantity charges for residential users shall be based on the average monthly water usage during the immediate preceding months of January, February and March. When a residential user does not have a history of water usage for the immediate preceding January, February and March or when a residence is not properly metered, the quantity charge shall be computed on the basis of average water usage for the entire residential class . Charges for commercial and industrial users shall be based on one hundred (100) percent of the monthly metered water used except as otherwise provided in Section 29-31 . (C) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight . All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty-four- [hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: 60 S = Vs x 0 . 00624 x [$0 . 112 (BOD - 300) + $0 . 090 (SS-300) ] Where: S = Surcharge in dollars monthly. Vs = Sewage volume in one hundred (100) cubic feet per month. 0 . 00624 = conversion factor for one hundred (100) cubic feet to million pounds . $0 . 112 = Unit charge for BOD in dollars per pound; of which $0 . 108 represents the user charge portion and $0 . 004 represents capital charges . BOD = BOD strength index in mg/l by weight. 300 = Allowed BOD and suspended solids strengths in mg/1 by weight. $0 . 090 = Unit charge for suspended solids in dollars per pound; of which $0 . 088 represents the user charge portion and $0 . 002 represents capital charges . SS = Suspended solids strength index in mg/1 by weight. (D) Monitoring charge. When regulations as set forth by federal, state and city require monitoring of the waste from a commercial or industrial user whether for strength calculations or for national pollutant discharge elimination system compliance, that user shall pay a monitoring charge . The monitoring charge shall consist of all costs for personnel, material and equipment used to collect and analyze samples from the user' s sewage. The exact charge shall be based on actual costs and shall be determined by the city. (E) Toxic pollutant charge. Any user which discharges any toxic pollutants which cause an increase in the cost of managing effluent or sludge from the city' s treatment system shall pay for such increased costs . Section 29-31 . Determination of amount of use. (A) The amount of sewage discharged to the sewage system of the city shall be determined by the quantity of water metered to the user. In the case of a single user whose water usage is measured by several meters, the total water usage for 61 all the meters shall be the basis on which sewer service charges are computed and not on the basis of each separate meter reading. Each person from whose property or premises sewage in any quantity is discharged into the sewage system of the city but whose water usage is not metered, is hereby required to meter, at its source, at their own expense, the quantity of water used, with an appropriate meter to be approved by the city, and to pay a monthly sewer service charge based upon the amount of water thus metered, to be computed in like manner as provided in Section 29-30 . (B) If a commercial or industrial user desires to establish eligibility for a sewage service volume base of less than one hundred (100) percent of monthly water usage he may at his sole expense : (1) Install a sewage meter acceptable to the city to measure the volume of liquid actually discharged into the sewage system from his premises . Such meter shall be maintained and calibrated by the user and the readings from the meter shall be taken at least once monthly and shall be provided to the city on a monthly basis . In the event a sewage meter is installed, the rate schedule as set forth in Section 29-30 shall be applied to: (a) The volume of sewage entering the sewage system as measured by the meter; or (b) A calculated volume based on the percentage of metered water usage discharged to the sewage system as determined by the historical comparison of water usage and metered sewage. (2) In lieu of a sewage meter the user may install auxiliary water meter (s) to measure that portion of water used which is diverted from entering the sewage system. In the event an auxiliary water meter is installed the volume of water metered by such meter (s) shall be deducted from the total volume of water usage before the sewer service rate schedule is applied. (C) No refunds, allowances or reductions from the one hundred (100) percent water use base will be granted commercial or 62 industrial users for any time period prior to approval of a sewage metering or diverted water metering system. Section 29-32 . Determination of extra strength. (A) The city will perform analyses at intervals no greater than twelve (12) months to determine the strength of sewage discharged by commercial and industrial users who discharge an annual average volume of twenty-five thousand (25, 000) gallons or more of sewage per day and whose wastes are subject to extra strength charges . Industrial and commercial users who discharge an average of less than twenty-five thousand (25, 000) gallons per day and whose wastes are subject to extra strength charges shall have their wastes analyzed as often as deemed necessary by the city to obtain representative samples . (B) If any industrial or commercial user chooses not to accept the analytical determination made by the city they may at their sole expense employ an independent laboratory, acceptable to the city, to conduct sampling and analysis of their sewage . The time period and location for the collection of the samples shall be designated by the city. The city and the independent laboratory shall both preside over the collection of the samples and shall equally divide the final composite so that duplicate analyses may be made . (C) If results of the analyses of the sewage sample made by both the city and the independent laboratory are not comparable, the city may appoint a second independent laboratory to analyze the sewage. The sampling procedures used will be the same as those outlined above. The results of these analyses together with the previous results shall be used to determine the actual extra strength charges . The fee for the second independent laboratory analysis shall be shared equally between the city and the user. (D) If any industrial or commercial user improves the quality of their discharged sewage, the city will reevaluate the strength of the sewage if requested to do so by the user. The user will pay an additional monitoring charge for the necessary sampling and analysis . (E) The city shall have the right to enter into all premises served by the sewage system of the city, for the purpose of 63 inspecting, reading or otherwise examining all meters and appurtenances involved in the recording of water received on the premises or sewage discharged therefrom, or to collect samples for analysis of sewage discharged therefrom. If the city is denied entry to any such premises it may disconnect sewer services for such premises from the city' s sewage system. Section 29-33 . Review of user charge rate structure. The user charge rate schedule shall be reviewed and adjusted, if necessary, at least biennially to: (1) Maintain the proportional distribution of operation, maintenance and replacement (OM and R) costs among user classes . (2) Provide adequate revenues to cover OM and R and capital costs . Section 29-34 . Billing; payment; delinquency; penalty. (A) The city finance director, or such other officer or representative of the city as may be designated from time to time, shall be responsible for calculating the amount of and rendering monthly bills for sewage service. The city shall collect the bills for sewage service. (B) , All service bills shall be due and payable in full fourteen (14 ) days from the date the bill was rendered and shall be considered delinquent after twenty-one (21) days . If the last day for remittance falls upon a weekend or holiday, or any other day when the offices of the department, regularly used for the payment of customer bills, are not open to the general public, the final payment date shall be extended through to the close of the next business day. The date of payment for remittance through the mail shall be the date on which the department receives the remittance. All accounts which become delinquent shall be charged a ten (10) percent penalty. (C) The city finance director shall keep a list of all delinquent sewage service accounts . The list shall include 64 a legal description of the real property enjoying the use of the sewage system and the amount of the sewage charge plus penalty remaining unpaid. Delinquent sewage service accounts so listed shall constitute a lien upon the real property so served. The lien shall be enforced and the amounts owing shall be collected in the same manner as delinquent real estate taxes . Section 29-35 . Disconnection. In the event an account declared delinquent has not been paid in full within three (3) months of the initial due date, the city may disconnect sewer services from such premises from the city' s sewer system. The location of the disconnection shall be at the discretion of the city. The sewer may be reconnected to the city' s sewage system by the affected property owner, who shall bear the entire expense of all costs for the reconnection, providing the delinquent account has been paid in full and that the city has been reimbursed in full for all costs borne by the city resulting from disconnecting the sewer. Section 29-36. Owners and occupants jointly liable; authority of city to sue. The owners and occupants of individual premises served by the sewage system shall be jointly and severally liable to pay for sewage services to the premises . The city shall have the power to file a civil lawsuit against the owners or occupants or both to recover all sums due and, in addition thereto, a reasonable attorney' s fee . Section 29-37 . Septic tank users . (A) Septic tank users who do not use the sewage system of the city shall not be obligated to pay sewer service charges unless those public sewer services are reasonably available to such septic tank users, in which event such septic tank users shall be liable for sewer service charges . (B) For purposes of this section, a public sewer shall be deemed to be reasonably available if it is within two 65 hundred (200) feet of the property line of a property served by a private sewage disposal system or septic tank. Section 29-38 . Notification. All users of the sewage system shall be notified at least annually as to: (1) The rate schedule in effect . (2) That part of total charges attributable to user charges for sewage treatment service. Section 29-39 . Use of funds . The monies received from the collection of the sewer service charge as provided in this article shall be used only for the following purposes : (1) If there are outstanding sewage system revenue bonds, the moneys received shall be used only in accordance with the provisions of the terms of the ordinance or ordinances authorizing issuance of the bonds . (2) If there are no outstanding sewage system revenue bonds, the moneys received shall be used only to pay the costs and liabilities incurred in operating, maintaining and replacing the city' s sewage collection and treatment facilities and to pay all cost of carrying out the provisions of this article . Section 29-40 . Unlawful to tamper. It shall be unlawful for any person to tamper with any sewer line or to reconnect sewer services when services have been disconnected for nonpayment of a bill for sewer services, unless such bill for sewer services has been paid in full . Such offense shall be punished by a fine not exceeding five hundred dollars ($500 . 00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment . Section 29-41 . Failure to pay sewer service charge. 66 It shall be unlawful for any user to fail to pay the sewer service charge established in this article and such offense shall be punished by a fine not exceeding five hundred dollars ($500 . 00) . DIVISION V: PRIVATE SEWAGE DISPOSAL Section 29-42 . When required. When a public sanitary sewer is not available under the provisions of Section 29-45, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article . Section 29-43 . Permit required; application; fee. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the city manager. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the city manager. Section 29-44 . Inspection by city manager. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city manager. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city manager when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty- eight (48) hours of the receipt of notice by the city manager. Section 29-45 . Requirements when public sewer available. (A) At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, 67 cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material . (B) When a public sewer becomes available, the building sewer shall be connected to such sewer within ninety (90) days after date of official notice to do so and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt . (C) For purposes of this section, a public sewer shall be deemed to be available if it is within two hundred (200) feet of the property line of a property served by a private sewage disposal system or septic tank. (D) The requirements contained in subsections (a) and (b) of this section shall not apply to private sewage disposal systems or septic tanks in existence prior to January 31, 2003, unless that private system or septic tank ceases to function or becomes a health hazard or nuisance as defined by applicable law. Section 29-46 . Facilities to be kept sanitary. (A) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (B) Wastewater or septic tank haulers shall not discharge any waste within the corporate boundaries of the city except as permitted by the city manager. All wastewater or septic tank haulers shall, in addition to all other requirements for wastewater and septic tank haulers, apply for a wastewater discharge permit in the manner and form prescribed by the city manager prior to discharging such wastes to the city sewerage system. Section 29-47 . Additional requirements of health officer. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer. 68 Section 29-48 . Individual sewage disposal systems for homes and other establishments where public sewage systems are not available. (A) Where public water is available but no public sewage system is available : (1) The minimum lot size in which a private disposal system may be installed is fifteen thousand (15, 000) square feet . (2) Required lot size with private water system in which a private disposal system may be installed is twenty thousand (20, 000) square feet . (B) For purposes of this section, a public sewage system shall be deemed to be available if it is within two hundred (200) feet of the property line of a property served by a private sewage disposal system or septic tank. Section 29-49 . Rules and regulations of the county public health department. In addition to the requirements set out in the Code of Ordinances of the City of Cape Girardeau, the construction, modification, repair and location of on-site sewage systems shall also be governed by the rules and regulations of the Cape Girardeau County Public Health Department, including requirements for licenses for installers and permits for discharges of three thousand (3, 000) gallons or less per day. ARTICLE II : WATER DIVISION DIVISION I : GENERAL Section 29-60 . Definitions . For the purpose of this article, the following words and terms shall have the meanings respectively ascribed: 69 Approved. Approved by the city manager and "approval" shall mean the city manager' s approval . City. The City of Cape Girardeau or the City Council of Cape Girardeau. City Fee Schedule. The City Fee Schedule is established pursuant to the provisions of Section 25-114 of the City Code. City manager. The city manager of the city, or his authorized deputy, agent or representative. Customer. The corporation, association, or individual legally using water supplied by the department . A purchaser of utility service. Customer's water installation. All pipes, valves, stops, plumbing or contrivances owned by the customer or property owner and located on such property which are used for the purpose of connecting such installation to the department' s water service line, meter, curb stop, or water main, or other part of the distribution system as the case may be. Cycle billing. A system employed which results in the rendition of bills for utility service to various customers on different days of any calendar month. Delinquent account . A bill remaining unpaid by a customer at least twenty-one days from rendition of the bill by the department . Department. The public works department of the City of Cape Girardeau, Missouri . Director. The director of the department of public works for the city, or his authorized representative . Discontinuance of service. A cessation of utility service to a customer not directly requesting termination. Distribution system. That part of the city' s water works used to distribute water from points of treatment and storage to the customers served; including mains, valves, fittings, service lines, and other appurtenances . Easement. The land legally designated for the installation and maintenance of utility lines necessary to properly serve the public with utility services . 70 Estimated bill . A bill for utility services calculated using one or more estimated meter readings for the billing period. Lot. A parcel or portion of land in a subdivision, or parcel of land separated from other parcels or portions by description as on a subdivision plat of record, survey map, or by metes and bounds description. Meter. A device installed at each customer' s premises for the purpose of measuring the quantity of water used. Plan. A map of a subdivision showing the location, arrangement and size of lots, streets, easements, and other rights-of-way. Property. A lot, tract, or other parcel of land. Property owner. An individual, corporation or association holding legal title or otherwise having legal control of a property. Rendition of bill or notice by the city. The actual date on which the bill or notice was printed by the city. Resale service. Water service used by the customer for resale to another at a profit or at a cost related to the amount of usage . Right-of-way. A street or roadway dedicated to the city, county or to the State of Missouri . Service area . All of the city limits and any other areas where the department furnished utility service . Standard specifications. The City of Cape Girardeau Standard Specifications and drawings, as may be amended, on file with the City Clerk. Subdivision. A parcel of land divided into two (2) or more lots or other divisions of land. Submeter. A meter that is used in series with another meter for the purpose of measuring a quantity of water a second time . Termination of service. A cessation of utility service requested by the customer. Utility services. Water, sewage or, solid waste collection service, or any combination thereof. 71 Water main. The main lines or pipes, usually located in the Right-of-Way or easement, and used for supplying water to a number of customers, or an entire area. Water service line. The pipe, valves, fittings, water meter, meter box, and all other fixtures owned by the department and used to connect the customer' s water installation to the water main. Water works. All the physical property of the city including wells, pumping plants, pipe lines, distribution lines, buildings, and all other equipment, apparatus and property used for the sole purpose of obtaining, producing, distributing, metering, and delivering water. DIVISION II : ACCOUNTS AND BILLING Section 29-61 . Application. (A) Customers shall apply for utility service at a location designated by the city manager as utilities accounts and billing office by submitting a signed application stating their name and address, social security number, the kind of service requested, and the location to be served, by making the necessary deposits, and paying any required connection fees . (B) In the event the customer has existing accounts which are delinquent or any other monies are owed the city, no approval of application for new service or transfer of service will be given until all accounts in arrears and required deposits or fees are paid in full . (C) No transfer of an existing service account to another customer will be approved unless prior balance is addressed or if in the judgment of the city such transfer is requested with the intent of avoiding payment for past service. On any application, the city may require documentation necessary to establish identity, residency and/or date of occupancy. (D) Any necessary deposits shall be collected at the time of application. No customer shall be refused service due to race, sex, creed, national origin, or age. 72 (E) If approved, water service shall be provided to the water user with no guarantee of minimum or maximum pressure flow. Further, water service may be interrupted with or without notice to the user due to unforeseen circumstances, mechanical failure, piping failure, maintenance of the system, emergencies and other causes . The city is not responsible for and is indemnified against any damage or loss arising from pressure, flow or service interruption conditions in operation of the system in accordance with applicable regulations . Section 29-62 . Rates . (A) General water service. Availability. This rate schedule is available to any metered customer adjacent to the city' s water distribution mains, using standard water service . Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows : Meter Size (s) (inches) Monthly Customer Charge (per meter) 7 . 68 11 . 84 1 15 . 99 111� 29 . 93 2 45 . 73 3 85 . 66 4 141 . 37 plus; (2) A commodity charge of: Bills Rendered Before July 1, 2011 First 60 CCF used per month-$2 . 222 per CCF. All over 60 CCF used per month—$1 . 713 per CCF. First 60 CCF used per month—$2 . 333 per CCF. 73 Bills Rendered After July 1, 2011 All over 60 CCF used per month—$1 . 798 per CCF. (B) Private fire protection service. Availability. This rate schedule is available to customers adjacent to adequate water distribution mains for private fire protection service. Rate. Private fire protection service rates for all types of private fire protection systems are based on the size of connection of customer' s private fire protection service to city' s distribution main and shall be charged for as follows : Size of Connection Rate Per Connection Effective July 1, 2011 4 inch or smaller 9 . 78 per month $ 6 inch 19 .58 per month 8 inch 29 .42 per month (C) Industrial water service. Availability. This rate schedule is available for industrial use only, when separated from standard water service, to any customer adjacent to the department' s water mains in The Greater Cape Girardeau Development Corporation Industrial Tract . Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows : 74 Meter Size (s) (inches) Monthly Customer Charge (per meter) or :h 7 . 45 $ 1 15 . 52 11� 29 . 06 2 45 .28 3 83 . 14 4 137 .21 6 286. 95 plus; (2) A commodity charge of $0 . 1439 per CCF for all water used during the billing month. Section 29-63 . Service fees . A fee of fifteen dollars ($15 . 00) shall be charged to all accounts when a city employee or agent of the city is dispatched to disconnect water. If the water is reconnected or reinstated during regular office hours, an additional reconnection fee of fifteen dollars ($15 . 00) shall be charged the account . If reconnection is requested by the customer and made after 5 : 00 p.m. on regular working days, or on weekends or holidays, the reconnection or reinstitution charge shall be thirty dollars ($30 . 00) . Section 29-64 . Billing and payment. (A) The city shall render a bill once during each billing period to every customer in accordance with the applicable rate schedule . (B) The manner of furnishing the statement shall be determined by the city manager, provided each customer is billed in a reasonable manner. (C) The city may divide the service area into sections, and/or the customers into various classes for the purpose of rendering statements . Such sections or classes may be changed from time to time to meet the operating requirements of the city. Such sections or classes are for 75 the sole purpose of establishing a billing rotation and shall have no affect on the amount or rate of billing. (D) Each billing statement rendered by the city shall be computed on the actual usage during the billing period except as follows: (1) The city reserves the right to render a bill based on estimated usage for any of, but not limited to, the following reasons : (a) When extreme weather conditions, emergencies, or work stoppages prevent actual meter readings . (b) When a customer fails to provide safe and/or reasonable access to his premises for the purpose of reading the meter. (c) Should the meter be damaged or tampered with in any manner which may render its reading inaccurate. (E) All service bills shall be due and payable in full fourteen (14 ) days from the date the bill was rendered and shall be considered delinquent after twenty-one (21) days . If the last day for remittance falls upon a weekend or holiday, or any other day when the offices of the department, regularly used for the payment of customer bills, are not open to the general public, the final payment date shall be extended through to the close of the next business day. The date of payment for remittance through the mail shall be the date on which the department receives the remittance. (F) A ten (10) percent delayed payment charge shall be imposed on the current amount due on all delinquent accounts . The delayed payment charge shall be due and payable on the date that the account becomes delinquent . (G) Payments for utility services shall be credited first to the deposit, then evenly to solid waste, sewer and water services with the most delinquent outstanding balance first . 76 (H) Whenever a customer shall order his services terminated or otherwise cease to be a customer, all amounts owned by the customer to the city shall immediately become due. Section 29-65 . Security deposits . (A) Each customer shall be required to make a security deposit, which shall be collected at the time of application, as a condition of new service to all customers . (1) Customers requesting services to a one-family dwelling or one-family unit of a larger residential building shall deposit an amount equal to twice the total of the city-wide monthly residential averages for the utility services being requested. The required deposit will be rounded to the nearest dollar. Averages shall be computed on the first day of each fiscal year. (2) The city may also increase security deposits for residential accounts to minimize the city' s risks where appropriate . (3) Persons applying for service who can provide a utility reference showing prior twelve (12) months current on time payments, shall not be required to pay a security deposit except as otherwise provided herein. (B) In order for customers to obtain service to a commercial establishment or for any use other than single-family residential use, they shall be required to meet one of the following provisions : (1) Make a deposit based on twice the estimated amount of thirty (30) days' bill for those services requested for new and be adjusted to twice the actual average as necessary. The city may also increase security deposits for commercial accounts to minimize the city' s risk where appropriate. (2) Furnish cash equivalent collateral in the amount of value as described in (b) (1) above. (C) Service deposits may be transferred or applied to a new residence or business location if a customer moves . 77 Adjustment shall be made if the amount of deposit is inadequate or excessive. (D) The department may require an additional security deposit as a condition of continued service if, in an unauthorized manner, the customer interferes with or diverts the service of the utility situated on or about or delivered to the customer' s premises. (E) No additional security deposit shall be required by the department on the basis of the customer' s age, sex, race, creed, or national origin. (F) In the event all active accounts for a customer have been paid on or before due date for twelve (12) consecutive months and a security deposit was required, the customer may request the deposit amount be credited to the account against utility charges until recovered in full . Section 29-66 . Discontinuance of service. (A) No person, except authorized employees or agents of the city, shall disconnect any meter, connect to any meter, or disturb the service lines of any utility without written authorized permission. In the event the city shall discover evidence of tampering with any water meter, or lines used for water distribution, sewage collection, or other such line of the utility having the probable effect of rendering actual meter readings inaccurate, or to receive the service of the utility without proper payments, the city shall have the right to disconnect utility service to the customer and remove its property from the customer' s premises . In addition, the city manager may cause service to be disconnected due to: (1) Violation of health codes (.per recommendation of the County Health Department) ; (2) Request of fire department due to fires or fire danger; (3) Request from building inspector because of unsafe condition of structure or dwelling; 78 (B) The city may determine to continue service or to reconnect service upon compliance with city codes and/or payment by the customer whose demand, use or bill was affected by such tampering, of the following, or any combination thereof, fees or charges at the city' s election as determined by the city: (1) The amount of any city revenue loss attributable to such tampering, with such amount of loss determined by an estimate made by the city manager; (2) Cash deposit as determined by the city manager or his/her designee; provided, however, that requests for such deposits shall be made only in the event that the customer does not currently have on file with the city a cash deposit in an appropriate amount; and (3) The actual expenses incurred by the city in replacing and/or repairing the meter, service lines, the making of any connection or disconnection and any bookkeeping and clerical expenses incurred in the preparation of the required billing. (C) Prior to any service disconnection for nonpayment, the city shall give a minimum of five (5) working days' written notice of such intent by mail to the customer at his billing address . Notices will be generated for the total amount delinquent for all prior billing periods if the customer has a delinquent amount greater than fifteen dollars ($15 . 00) and any portion is twenty-eight (28) or more days delinquent with the exception of security deposits . Such notice shall give a telephone number and address at which such discontinuance may be appealed. Any person, aggrieved by a decision of the finance department to cut off water service per city ordinance, shall have the right to submit a written request to the city manager appealing that decision at any time up to but no later than two (2) weeks after the cutoff date . However, the delinquent balance plus any applicable fees and deposits must be paid to have service restored on accounts that have an appeal pending. Items that will be considered in the appeal are payment history, size of the delinquency, or unique circumstances . Customers will be notified of the outcome of their appeals within fourteen (14 ) days of the appeal . 79 The city may discontinue service to customers for any of the following reasons : (1) Nonpayment of a delinquent account with a delinquent balance greater than fifteen dollars ($15 . 00) . (2) Failure to post required security deposit . (3) Failure to comply with the terms and conditions of a settlement agreement relating to a current or prior utility account . (4) Refusal to grant access at reasonable times to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance, replacement, shutoff or removal . (D) If a customer fails to inform the department of his intent to terminate utility services, or fails to respond to a delinquent notice, services may be discontinued and that customer' s service deposits utilized as payment of any delinquent accounts . Any portion of the service deposits remaining after all amounts owed for any service have been deducted and if no claim is filed after a period of ninety (90) days has elapsed, shall be forfeited by the customer and deposited in the applicable utility service fund. Section 29-67 : Unlawful to tamper It shall be unlawful for any person to tamper with any water line or to reconnect water services that have been disconnected for nonpayment of a bill for water services, unless such bill for water services has been paid in full . Such offense shall be punished by a fine not exceeding five hundred dollars ($500 . 00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment . Section 29-68 . Failure to pay water service charge. It shall be unlawful for any user to fail to pay the water service charge established in this article and such offense shall be punished by a fine not exceeding five hundred dollars ($500 . 00) 80 DIVISION III: PRIVATE LINES AND CONNECTIONS Section 29-69 . Water service lines—Ownership; application; fees . (A) Water service lines, including the water main tap, the pipe, fittings, and valves between the main and the customer' s water installation, the water meter, its appurtenances and the meter box shall be remain the property of the department, which shall be responsible for their perpetual maintenance. (B) Application for a water service line shall be simultaneous with application for water service to previously unserved properties and shall be accompanied with the normal service deposit as well as any connection or tapping fees . It shall be understood that the service will be placed into immediate use, and billing shall be started at the completion of the current or next full cycle after the connection. -(C) Water service lines to previously unserved properties or to properties previously served by an inadequate or combined service line shall be installed by the department from the water main to the customer' s property line upon application and only after all requirements for water main extension and payment have been met . At the time service is available at the property line, the customer shall connect within 60 days . Such installation shall include the pipe, fittings, valves, meter riser, meter box and all related appurtenances, as well as preparation of the main for water tap along with associated work such as excavation, backfill, permits, removal, repair and maintenance of paving on surface. (D) The customer shall be responsible for installation and maintenance of the customer' s water installation from the property line regardless of meter location. All such installation shall be performed by a licensed plumber and shall be subject to Standards specifications . The customer' s water installation shall be subject to inspection and approved by the city. 81 (E) Only department personnel shall be permitted to make service taps on the main except as otherwise specifically approved in writing by the department . (F) Water service lines to previously unserved properties or to properties previously served by an inadequate, combined or noncity owned service line shall be subject to payment of connection and tapping . fees as provided for in this section, or otherwise approved by the city manager. The required fees for tapping and water line installation to the property line shall be as follows and shall be paid at the time of application. The city may demand payment in cash. (1) Tapping fee (applies to all customer connections) : For all pipe sizes, the fee shall be the actual cost of materials, including the meter box, riser, and the meter, plus twenty (20) percent of the material cost for overhead. A schedule of such costs for different size lines shall be established by the department each year. The customer shall provide, subject to approval by city manager, the meter vault for meters having inlet and outlet openings larger than two (2) inches in diameter per Standards specifications (2) Meter box and appurtenance fee: On properties (generally industrial, commercial, or multiple-family residential in use) served by private water mains and/or private water service lines, where multiple water meters are_ required and the meter boxes and appurtenances are to be installed by a plumbing, mechanical, or general contractor, the meter boxes, meters, and appurtenances shall be furnished by the department and the customer shall be assessed at the actual cost of materials plus twenty (20) per cent of the material cost for overhead. The department may, at its option, provide single or double meter settings per meter box, with no adjustment to the meter box and appurtenance fee . (G) In addition to the herein-stated tapping fee, each new customer who requests and receives a water service 82 connection to a water main which was installed by the department, or at the expense of the department, shall pay a connection fee as established in the City Fee Schedule. (H) Water service lines to previously unserved properties outside the city limits shall be installed by the department upon application and payment of the tapping charge and connection fee, if applicable, but only after all requirements for water main extension and payment have been met, and an agreement concerning voluntary annexation has been executed. Section 29-70 . Same—Location. (A) The location of the water service line, in relation to the water main and the property to be served, shall be determined by the department . (B) A permanent meter box shall be installed at the customer' s property line in a location determined by the department . The meter box shall be installed to match the existing land surface, unless the customer submits a written description plan to the department or installs a surveyor' s stake showing final surface elevation. (C) When it is impractical to install the meter box at the property line, as determined by the city manager, the water meter may be installed elsewhere on the property to be served, provided it is protected from damage or freezing and is readily accessible . Such an installation location does not change maintenance responsibility of the customer' s water installation. If a meter is determined by the department to be inaccessible for reading or maintenance, the customer must make provision for its relocation or for a remote reading device as directed by the department and may be charged for costs incurred for such work. If customer landscaping or property improvements render a meter inaccessible, the customer will move such obstructions as directed to the satisfaction of the department . Regardless of its location, the customer shall be responsible for damage to the meter appurtenances, caused by the customer' s negligence or failure to properly safeguard and protect such meter and appurtenances from hazards . Such customer or property owner shall be 83 responsible for labor, material, and overhead to complete the work. (D) The department reserves the right to relocate the water service line or any appurtenance thereof, at its own expense . If the customer desires relocation, or a change in elevation, of the water service line or any appurtenances thereof, he shall make request to the department and agrees to pay cost of labor, material, and overhead to complete the work. Section 29-71 . Metering. (A) Each of the following types of facilities shall comprise a metering unit and bemetered individually; provided; however, that the owners of a multifamily building or multiunit commercial building shall have the option of installing a single water meter for each building; provided, however, the service account is always maintained under the owners contracted management firm. A copy of the contract may be requested prior to establishment of the account . Exception : When in the determination of the department such metering or choice of metering option where allowed causes undue hardship in reading or maintaining the meter, the department may direct metering requirements . Apartment . Boarding or lodging house . Club; accommodating or assembly-type cooperative house . Commercial business property; separate meter required for each business . Dormitory. Dwelling, one-family. Dwelling unit in multiple-family building. Farmstead. Hotel . Industrial or manufacturing plant . Mobile home park. Motel or tourist court . 84 The general rule for establishing metering units for any other types of facilities not mentioned above shall be one meter for each family unit used for residential purposes and one meter for each business or industry. Exception: Owners of mobile home parks shall have the option of installing a water meter provided by the department, upon payment of a tapping fee for each installation, on each individual mobile home, provided they install a water main system within the park, which is certified by the city manager as meeting city Standard specifications and which is in accordance with Chapter 25 of the City Code, and that such water mains along with necessary easements are dedicated to the city. (B) When requesting water service, the customer may be required to furnish information as to his expected water demand. The department shall then determine the proper type and size of meter to be installed. The department reserves the right to change the meter size at any time in order to improve registry or flow. All meters having openings two (2) inches in diameter or larger shall be installed with a properly valved meter bypass as a part of the meter installation. In the event the customer' s demand or use requires a change in meter size, such change may be requested and if approved, costs for meter changeout will be paid by the customer. (C) Billing statements for service furnished to multiple-family units through a single meter shall be sent only to the owner or contracted management firm for the property served. In no case will the department send individual statements to tenants of such facilities for their proportionate share of the service furnished. Section 29-72 . Testing and nonregistration of water meter. (A) The department will schedule each meter to be tested and calibrated against accurate standards . If a meter shall be found inaccurate, it shall be restored to accurate condition or a new meter shall be . substituted. Industry standards defined by AWWA specifications will apply to testing. 85 (B) The customer has the right to request a special meter test at any time. If any test made at the customer' s request discloses that the meter is registering correctly, within industry standards (50 +/-) , the customer shall bear the expense of such test . The expense of all other tests shall be borne by the department . (C) Results of calibrations and tests, when requested by the customer, shall be furnished to the customer. If any meter is found to register outside industry standards, then the readings of that meter, previously taken for billing purposes, shall be corrected according to the percentage of inaccuracy found. Correction shall extend back ninety ( 90) days previous to the date of meter removal and the customer' s bill shall be adjusted, upward or downward as the case may be, for the corrective period. (D) Should the meter become defective or fail to register correctly, the quantity of water used shall be determined by the amount used during the same period of the preceding year, or the average amount for the three-month period immediately preceding the defective registration. Section 29-73 . Customer' s water installation. (A) The customer' s water installation shall extend from: (1) The property line regardless of meter location. (2) The water main tap, where an unmetered fire protection or sprinkler system serves the property, or where a private water main is extended from the city water main. (B) The customer assumes all responsibility for the construction, maintenance, and any necessary relocation of the customer' s water installation; he shall make every effort to this system free from leaks . Apparent leaks in the customer' s water installation, whether registered on the water meter or not, shall be repaired by the customer within ten (10) days of receipt of written notice by the department . If repairs are not made, the department shall issue written notice of disconnection, and five (5) days thereafter may discontinue water service until the leak is 86 repaired. If the judgment of the department, an apparent leak in the customer' s water installation endangers public safety, constitutes a serious nuisance, or wastes a considerable amount of water, the department may discontinue water service without previous notice to the customer. Hidden leaks in the customer' s water installation shall be repaired, after discovery, under the same provisions as apparent leaks . Section 29-74 . Cross-connection control . (A) BOCA National Plumbing Code. Cross-connections shall be controlled as set out in the BOCA National Plumbing Code as adopted and amended by the City of Cape Girardeau. (B) Cross-connections prohibited. (1) No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public potable or customer' s water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the department and as required by the laws and regulations of the Missouri Department of Natural Resources . (2) No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or customer' s water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the department and the Missouri Department of Natural Resources . (3) No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the city as necessary for the protection of health and safety. (C) Cross connection control device testing, surveys and investigations. 87 (1) The owner of a cross connection control device shall test and report results as required under Missouri DNR laws and regulations . The department will monitor testing in compliance with applicable laws . (2) The customer' s premises shall be open at all reasonable times to the city manager for the conduction of surveys and investigations of water use practices within the customer' s premises to determine whether there are actual or potential cross connections to the customer water system through which contaminants or pollutants could backflow into the public potable water system. (3) On request of the city manager, the customer shall furnish information on water use practices within his premises . (4) It shall -be the responsibility of the water customer to conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system. Section 29-75 . Fire Hydrants, regulations for use. (A) Fire hydrant—Use procedures. Fire hydrants shall be operated only by the fire department, public works department or its designees or those persons granted temporary authority to operate hydrants by the city in accordance with hydrant regulations . The operation of a city hydrant by any unauthorized person shall result in impoundment of hoses, wrenches, and nozzles used in the hydrant operation and shall be subject to prosecution by the city. Water may be obtained from hydrants upon the obtainment of a permit from the city and is subject to the following conditions : (1) Written requests for usage shall be filed with the city at least twenty-four (24 ) hours in advance of the proposed usage . The request shall state : 88 (a) Name of user. (b) Dates of usages . (c) Location of hydrant . (d) Purpose of water use. The city reserves the right to deny any request for any reason believed necessary to protect the interests of the city. (2) Upon approval by the city and the payment of all applicable fees and deposits, the city will install a hydrant assembly for the express purpose of controlling, measuring the water used from fire hydrants and preventing backflow into the system. The user shall see the assembly is used and working during fire hydrant operations . The user may not change location of the assembly to any other hydrant . The department will remove and reinstall the assembly in accordance with the above provisions . - (3) The city will record beginning and ending meter readings for the user. All hydrant meters will be read at least once per month and all bills for hydrant usage are due upon receipt . Nonpayment of bills will result in termination of service and jeopardizes deposit refund. (4) The water user shall provide all equipment necessary for hydrant water use except the assembly and shall provide hoses or other equipment required. The user shall be totally responsible for any damages done . (B) Fire hydrant—Use charges. (1) The charges for usage of water from hydrants shall be established in the City Fee Schedule established by city manager. (2) Following turn off of the fire hydrant and payment of all applicable charges, and upon inspection of the fire hydrant and meter, and finding them in good condition, remainder of deposit will be returned. 89 Section 29-76 . Sprinkler system uses . (A) Fire protection sprinkler systems, irrigation sprinkler systems and similar systems are subject to regular and ordinary water use regulations as identified in this article . Both fire protection and irrigation sprinkler systems shall be subject to all backflow prevention requirements set forth by the city and the Missouri Department of Natural Resources . Those systems not in compliance with said requirements shall be subject to disconnection, with no liability incurred by any other entity or person; all liability is assumed by the customer and/or user. (B) All water mains laid on or within private property for the sole purpose of providing fire protection through fire hydrants or sprinkler systems, are subject to installation of a detector check valve with bypass compound meter, sized as approved by the city. The detector check valve and meter if required, shall be housed in an underground vault, with size and design to be approved by the city. Water use. registered through the meter shall be billed to the customer in accordance with fire protection service rates as established by ordinance . (C) The customer and/or water user shall promptly report to the city any fires that occur requiring water usage through the fire protection line, and the city will reset the detector check valve at no cost to the customer. In the event routine checks of the detector check valve show that the valve is open and no fire has been reported, the customer shall be subject to a fine up to five hundred dollars ($500 . 00) for each offense and further water service shall be provided only through totally metered lines, with all costs of metering to be borne by the water user. DIVISION IV: USE OF Section 29-77 . Water conservation plan. (A) Voluntary curtailment or restrictions. During times of drought, disasters or other conditions that may or would create a water shortage problem, the city manager, in the best interest of the citizens of Cape Girardeau and the 90 water system, shall request city water customers to voluntary curtail water use. Such requests may be, but are not limited to: Voluntary curtailment or restrictions of lawn watering; car washing; filling or refilling of swimming pools; washing of driveways, parking areas and other paved areas; commercial and industrial users to reduce water usage by twenty-five (25) percent and other nonessential uses . (B) Mandatory curtailment or restrictions. If a disaster occurs, severe conditions exist, and/or voluntary water curtailment or restrictions are requested and demands on the water system continue to indicate that the threat of a water shortage will continue or occur, the city or its agents shall immediately implement any parts of the below conservation plan and/or any other action deemed necessary to reduce or curtail water use : Mandatory Conservation Plan (1) Mandatory restriction of lawn watering: Even numbered addresses water on even numbered days of the month, odd numbered addresses water on odd numbered days . (2) Mandatory ban on all lawn watering, watering of gardens, plants and trees is prohibited except from a hand-held container. (3) Mandatory ban on washing sidewalks, driveways, parking areas, patios and other paved areas . (4) Mandatory ban on the fil`li.ng or refilling of swimming pools, and/or washing of cars, other motor vehicles, trailers or boats . (5) Mandatory ban on water uses from fire hydrants except for fighting fires, flushing mains to alleviate specific complaints and testing or sampling water. (6) Commercial and industrial users shall reduce water usage by twenty-five (25) per cent . 91 (C) Any violation of mandatory water curtailment or restricted activities may result in service disconnection and/or shut off until the emergency or disaster is past . Section 29-78 . Boil water order. In the event of any emergency whereby any potential contamination of the system may occur, or as stipulated by regulations of the state Department of Natural Resources, the city manager may issue a "boil water" order to safeguard the general welfare of the system users . Article 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval .PASSED AND APPROVED THIS O✓ 7 DAY OF 0�- / , 20 ' rakry Et Re er, Mayor ATTEST:/9vtA� 0 �a, 4J •gl V. Gayle . Conrad City lerk THE, U1 92