TITLE 8 -- WATER AND SEWER

TITLE 8 -- WATER AND SEWER

Chapter 8.01 - General Provisions

Chapter 8.02 - Water Provisions

Chapter 8.03 - Sewer Provisions

Chapter 8.04 - Regulation of Sewer Use

Chapter 8.05 - Charges for Sewer Use

Chapter 8.06 - Wastewater Rate Schedules

8.01.01 Utility Service Application Required. Any person desiring any utility service furnished by the City, including water or sewer service, shall make application for the same to the City Council. Such application shall contain the applicant's name, address and the uses for which such service is desired. A separate application shall be made for each premise to be served. The applicant shall abide by the rules and regulations established by the City relative to utility service in effect at the time of such application and as they may be revised from time to time in addition to conditions and agreements as the City Council shall deem advisable.

8.01.02 Same Not Available to Debtors. The City may decline or fail or cease to furnish utility service to any person who may be in debt to the City for any reason, except ad valorem taxes and special assessments.

8.01.03 Termination of Service. The City shall have the right to disconnect or refuse to connect any municipal utility service for the following reasons:

A. Failure to meet the applicable provisions of law.

B. Violation of the rules and regulations pertaining to utility services.

C. Nonpayment of bills.

D. Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise.

E. Tampering with any meter, seal, or other equipment controlling or regulating the supply of utility service.

F. Theft or diversion and/or use of service without payment therefore.

G. Vacancy of premises.

8.01.04 Provisions for Termination of Service. The City shall terminate municipal utility service hereunder only during the hours of 9:00 AM to 3:00 PM Monday through Friday, except no termination shall be permitted on a legal holiday.

Municipal utility service shall be continued for a single 30 day period upon receipt of a physician's certificate or notice from a public health or social service official that disconnection of such service will aggravate an existing medical emergency of the customer or another permanent resident living on the customer's premises.

(Amended Ordinance 465)

8.01.05 Service Taps and Extensions.

A. Tapping of any water or sewer main for the purpose of making connection shall be done only by authorized personnel of the City. Request to tap any main shall be made at least 48 hours before the tap is to be made, except in an emergency. Distribution or collection mains shall be provided at the discretion of the City Council, in streets, avenues, or alleys abutting the property to be served. Water facilities for hookups shall be provided, unless otherwise specified by the City Council, to the curb line from the distribution or collection main. Extension of distribution or collection mains shall be only as specified by the Council in its discretion.

B. Any property owner may petition for a new hookup or connection to any City water and sewer line. The City Council, in its discretion, may allow such connection or hookup provided the petitioning property owner pays the cost for said hookup or connection from the point it joins the City distribution or collection main for the total frontage to the petitioning property owner's lot line.

C. The City Council may, in its discretion, upon proper petition and upon good cause shown, share the initial cost for hookup or connection from the point it joins the City distribution or collection main for the total frontage to the petitioning property owner's line.

D. In cases in which an additional user is subsequently connected to the new water or sewer line, the following are entitled to reimbursement from the additional user:

1. The original petitioning property owner, in cases in which said property owner paid for the entire cost of the new sewer or water line;

2. The City and the original petitioning property owner on a pro rata basis, in cases in which the City and said property owner shared in the cost of the new line.

(Amended Ordinance 465)

8.01.06 Deposit, Hookup Fee, Turn On/Off Fee. A deposit shall be paid by all applicants for water and sewer service. Such deposit shall be in the amount of $50.00, and shall be paid at the time of application or prior to turning on water service, as appropriate. If the customer is not delinquent in payment for service three years after the date of payment, such deposit, or at the time of termination of service, the deposit shall be refunded.

A hookup fee shall be paid by all applicants for each new service connection. The hookup fee shall be established by resolution of the City Council. Such fee shall reflect all costs incurred including water meter, piping, fixtures, digging, and appurtenances necessary to make the connections, as well as the costs of a qualified plumber making the installation, but in no event shall be less than $150.00 for water or $50.00 for sewer. Payment of the fee shall be made prior to turning on such service.

The City may also charge a fee to turn on and turn off water service. Such fee shall be established by resolution of the City Council.

(Amended Ordinance 465)

8.01.07 Extension of Lines. The City may serve a water or sewer customer outside the municipal corporate limits solely at the discretion of the City Council. Said water and sewer lines shall be constructed and maintained by the customer, with all parties connecting onto such lines being regulated and charged connection fees and other fees as set forth and regulated by the City.

8.01.08 Private Lines. Private water or sewer mains shall not be installed in the City. For the purpose of this Section, the phrase “private water and sewer mains” shall be construed to include any rural water pipelines, pipes or waterlines, or any individual sewage disposal systems.

8.01.09 Responsibility of Property Owners. People served by City water and sewer shall keep all such piping, fixtures, stop valves, heaters, and other apparatus (including meters) in good repair and protected from freezing. The property owner shall be responsible for and pay the charges for replacement of any corroded or damaged piping, fixtures, stop valves, heaters, or other apparatus for the use of water or sewer, and for any charges for the repair or replacement of water meters, occasioned by the negligence of the property owner or user, or the freezing, overheating, or other external damage to any water meters. The property owner and/or water user shall place and maintain a brass stop inside the basement of any building where water is to be used at the lowest point practicable on the service pipe entering the building, as close as practicable to the wall through which the pipe enters, and as easily accessible as practicable so that the water may be turned on or off by the user or occupant. Service connection repairs to the curb stop shall be the responsibility of the property owner.

8.01.10 Excavation Requirements. All excavations required for the installation of water and sewer facilities shall be open trench work or ditch, unless otherwise approved by the City Council. City personnel shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Maintenance Superintendent when the work is ready for final inspection and before underground portions are covered.

8.01.11 Liability of City. The City shall not be liable for any damage to the property of any customer of any water and sewer service furnished by the City due to backflow of the sewage system, failure of water supply, interruption of service, or from any cause outside the direct control of the City.

8.01.12 Right of Entry. Any person authorized by the City shall have free access at any time to all premises supplied with any water and sewer service by the City for the purpose of examination in order to protect the utility services from abusive use.

8.01.13 Damage, Trespass of Equipment. It shall be unlawful for any person, not having authority to do so, to open any water hydrant or tamper with any water or sewer service furnished by the City to consumers, or to in any other way molest, damage or trespass upon any equipment or premises belonging to the City connected with any such service.

8.01.14 Unlawful Use. No person, other than authorized personnel of the City, shall connect, turn on, turn off or disconnect any water and sewer service offered by the City, or remove, replace or repair any equipment connected to any such service.

8.01.15 Violations. The City may, in its discretion, notify any person violating any provision of this Title with written notice stating the nature of the violation and providing a reasonable time for the correction thereof, but such notice shall not be necessary for the prosecution of any violators hereof. Any person, whether receiving such notice or not, violating any provision of this Title shall be liable to the City for any expense, loss, or damage, occasioned the City by reason of such violation. All provisions of this Title shall be subject to applicable state and federal law. (SDCL 9-47, SDCL 9-48)

CHAPTER 8.02 - WATER PROVISIONS

8.02.01 Water Meters. Water meters shall be installed in all new and existing buildings using municipal water service or as otherwise authorized by the City Council. The Maintenance Superintendent shall install, replace, and repair household water meters, defined as the standard 5/8 inch pipe size water meter or as otherwise approved by the City Council.

8.02.02 Inspection of Meters. Any person authorized by the City Council to read water meters or make inspections shall be allowed free access at all reasonable hours to any building or premises where water is used. If such persons are not allowed such access, the City, in its discretion, may estimate the water use, shut off the water, make additional charges, or take other action not inconsistent with the law.

8.02.03 Testing Meters. The owner of property may have his or her water meter tested by making written request to the Finance Officer.

In case any meter fails to register properly upon testing, the amount overcharged or undercharged for water during such period shall be estimated by the City Council, such estimate to be based on the average amount registered during a like period.

8.02.04 Water Lines How Laid. All service lines shall be at least 6 feet below the established grade of the street, avenue, or alley in which they shall be laid, and in all places at least 6 feet below the surface of the ground, unless otherwise authorized by the City Council. All plumbing fixtures, piping, or apparatus shall be installed with such material as to withstand safely the perils surrounding their conditions of operation and use.

When service pipes are found disconnected at the corporation stop at any main, they may be reconnected only by the City or on its order. No water main or service may be laid in the same trench with gas mains or other foreign conduits. Special permission may be granted, however, when deemed advisable by the City Council, for laying of water lines in trenches with sewer lines, and then only with the placement of water lines well above sewer lines to prevent subsequent possible contamination of water mains.

8.02.05 Water Line Requirements. All water mains shall be at least 6 inch PVC with gasketed joints, service lines shall be a minimum of one inch copper to the property line and 3 1/4 inch copper or PVC to the meter, and hydrants shall be 6 inch, with two-way or three-way openings unless otherwise approved by the City Council.

8.02.06 Payment of Water Rates. City residents will be required, on the first day of each month, to read their own water meter and record such reading on forms as provided by the City. The reading and subsequent payment must be received by the Finance Officer no later than the close of business on the last day of the month. If the last day of the month falls on a weekend or holiday, payment is due by the close of business on the next working day.

If the Finance Officer has not received the water meter reading and payment by the last business day of the month and has not received a physician’s certificate or notice from a public health or social service official as provided in 8.01.04, service will be terminated the next business day.

(Amended Ordinance 465)

8.02.07 Water Rates. Water service rates shall be established by resolution of the City Council.

8.0208 Reconnection After Termination. In the event that any water service is terminated and shut off for nonpayment, every property owner shall have the right to have the same reconnected only upon the payment of the amount due and a reconnection fee. Such fee shall be established by resolution of the City Council, and shall not be less than $55.00. Service will be restored the following business day after payment and fee are received.

(Amended Ordinance 465)

8.02.09 Voluntary Discontinuance of Service. Persons wishing to discontinue the use of any water service shall give a 5 day notice thereof to the Finance Officer. Failure to do so shall render them liable for the payment of all bills until such notice has been given.

8.02.10 Interruption of Service. The users of any water service furnished by the City may be notified that the supply of such utility may be temporarily shut off at any time. Notice shall be given, if feasible, of the contemplated shut off and immediately upon finding the supply shut off it becomes the duty of the premises to take prompt precautions to prevent damages.

8.02.11 Restricting Use. The City Council reserves the right to at any time restrict or prevent the use of any water service furnished by the City during periods of emergency or circumstances demanding such restriction or prevention of use.

8.02.12 Joint Water Users Liable. In case two or more users are supplied with water from the same service pipe, if any of the parties fail to pay the water charge when due, or to comply with any rule of the City, the City reserves the right to shut off the water from the whole service until such charge is paid, or the rules strictly complied with, and it is expressly stipulated that no claim for damage or otherwise may be made against the City by any user whose water charge has been paid, or who has complied with the rules of said City, because of such shut off, it being expressly stipulated that the necessity for such shut off shall be deemed to be the joint act of all served through such service.

8.02.13 Use Assumed. All premises connected to any water service of the City shall be assumed to be using such service and the owner or occupant shall be charged therefor as long as such premises shall remain connected to the water service of the City. (SDCL 9-47)

8.02.14 City Responsibility Concerning Water & Sewer Maintenance.

A. The user purchases the first water meter, and the city replaces and repairs thereafter.

B. For the water line, the user's responsibility begins immediately at the City shut off valve ("curb stop").

C. For the sewer line, the user's responsibility begins immediately where the line hooks into the main sewer line.

CHAPTER 8.03 - SEWER PROVISIONS

8.03.01 Sanitary Sewer Required. A separate and independent sanitary sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the sewer from the front building may be extended to the rear building and the whole considered as one sanitary sewer. Multiple hook-ups in all cases shall be as prescribed by the City Council.

8.03.02 Existing Sewer Connections. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the Maintenance Superintendent, to meet all requirements of this Chapter.

8.03.03 Disconnection. When a disconnection from the sanitary sewer is made, the sewer service shall be closed to the satisfaction of the Maintenance Superintendent. Closure shall be at the curb line on residential property and at the property line on commercial property.

8.03.04 Sewer Pipe Requirements. All sanitary sewer shall be vitrified clay sewer pipe, PVC or other suitable material approved by the City Council. Additional requirements may be provided when any part of the building sewer is located near a water service pipe, or where the sewer is exposed to damage by tree roots or unstable ground.

The size and slope of sanitary sewer shall be subject to the approval of the City Council, but in no event shall the diameter be less than 4 inches. The slope of such pipe shall be not less than 0.4%. Whenever possible the sewer shall be brought to the building at an elevation below the basement floor. No sewer shall be laid parallel to or within 3 feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings.

8.03.05 Certain Acts Prohibited. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer, including discharging of sump pumps into floor drains.

It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.

The disposal by any and all persons of garbage, petroleum products, and other foreign debris into the sanitary sewer system of the City shall also be prohibited.

8.03.06 Private Disposal System. No connection from any private sewage disposal system shall be made with any public sanitary sewer under jurisdiction of the City. (SDCL 9- 48)

CHAPTER 8.04 - REGULATION OF SEWER USE

8.04.01 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

A. "Biochemical Oxygen Demand (BOD)" shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees Centigrade, expressed in milligrams per liter.

B. "Building Drain" shall mean 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 5 feet (1.5 meters) outside the inner face of the building wall.

C. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

D. "Combined Sewer" shall mean a sewer intended to receive both wastewater and storm or surface water.

E. "Easement" shall mean an acquired legal right for the specific use of land owned by others.

F. "Floatable Oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pre-treated and the wastewater does not interfere with the collection system.

G. "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

H. "Industrial Wastes" shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

I. "Natural Outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

J. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

K. "pH" shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10^-7.

L. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch (1.27 centimeters) in any dimension.

M. "Public Sewer" shall mean a common sewer controlled by a governmental agency or public utility.

N. "Sanitary Sewer" shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

O. "Sewage" is the spent water of a community. The preferred term is "wastewater," Sec. 24.

P. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water.

Q. "Slug" shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

R. "Storm Drain or Storm Sewer" shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

S. "Superintendent" shall mean the (superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control) of the City of Canistota, or his authorized deputy, agent, or representative.

T. "Suspended Solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.

U. "Unpolluted Water" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

V. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.

W. "Wastewater Facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

X. "Wastewater Treatment" Works shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

Y. "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

8.04.02 Use of Public Sewers Required.

A. 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 said city, any human or animal excrement, garbage, or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

C. Except as hereinafter provided, 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 wastewater.

D. The owner of any house, building, or property 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 or combined sewer of the city, is hereby required at the owner’s 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 ordinance, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

8.04.03 Private Wastewater Disposal.

A. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.

B. Before commencement of construction of a private wastewater disposal system the owner shall first obtain a written permit signed by the superintendent. 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 superintendent. A permit and inspection fee of $25.00 shall be paid to the city at the time the application is filed.

C. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the superintendent.

D. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the department of public health of the State of South Dakota. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 5,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in part D above, a direct connection shall be made to the public sewer within 90 days in compliance with this ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

F. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.

G. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.

8.04.04 Sanitary Sewers, Building Sewers and Connections.

A. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

B. There shall be 2 classes of building sewer permits:

1. For residential and commercial service;

2. For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application on a special form from the city. The permit application shall be supplemented by plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $25.00 for a residential or commercial building sewer permit and $50.00 for an industrial building sewer permit shall be paid to the city at the time the application is filed.

C. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance.

F. The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H. No person(s) shall make connection of roof down spouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage.

I. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

J. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the superintendent or his representative.

K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

8.04.05 Use of the Public Sewers.

A. No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent.

B. Stormwater other than that exempted under Section 1, Article V and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.

C. No person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:

1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;

2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant;

3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works;

4. Solid or viscous substances in quantities or of such size capable of causing flow obstruction in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

D. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or waste waters discharged to the sanitary sewer which shall not be violated without approval of the superintendent are as follows:

1. Wastewater having a temperature higher than 150º Fahrenheit (65º Celsius);

2. Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils, or product of mineral oil origin;

3. Wastewater from industrial plants containing floatable oils, fat, or grease;

4. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;

5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such materials;

6. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the superintendent;

7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;

8. Quantities of flow, concentrations, or both which constitute a "slug" as defined herein;

9. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;

10. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge;

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Part J below.

When considering the above alternatives, the superintendent shall give consideration to the economic impact of such alternative on the discharger. If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent.

F. Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Part D.3. above, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner’s personnel must be performed by currently licensed waste disposal firms.

G. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

H. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The structure 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.

I. The superintendent may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:

1. Waste waters discharge peak rate and volume over a specified time period;

2. Chemical analyses of wastewaters;

3. Information on raw materials, processes, and products affecting wastewater volume and quality;

4. Quantity and disposition of specified liquid, sludge, oil, solvent, or other materials important to sewer use control;

5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location;

6. Details of wastewater pretreatment facilities;

7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

J. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the superintendent.

K. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.

8.04.06 Destruction of Wastewater Equipment. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

8.04.07 Powers and Authority of Inspectors.

A. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.

B. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

C. While performing the necessary work on private properties referred to in part A., above, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 8.04.05 H.

D. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. Any entry and subsequent work shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

8.04.08 Wastewater Facilities Replacement Fund. A reserve fund called the Wastewater Facilities Replacement Fund is hereby established within the wastewater utility fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories, and appurtenances during the useful life (20 years) of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed. This fund is further explained in 8.06.03.

8.04.09 Penalties.

A. Any person found to be violating any provision of this ordinance except 8.04.06 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in Part A., above, shall be guilty of a misdemeanor. Each day during which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any provision of this ordinance shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

CHAPTER 8.05 - CHARGES FOR SEWER USE

8.05.01 Purpose. The purpose of this Chapter shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).

8.05.02 Determining the Total Annual Cost of Operation and Maintenance. The City or its Engineer, shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund.

8.05.03 Determining Each User's Wastewater Contribution Percentage. The City or its Engineer, shall determine for each user or user class the average daily volume of wastewater discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system to determine such user's Volume Contribution Percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow. The City or its Engineer, shall determine for each user or user class the average daily poundage of 5-day 20-degree Centigrade Biochemical Oxygen Demand (BOD) discharged to the wastewater system which shall then be divided by the average daily poundage of all 5-day BOD discharged to the wastewater system to determine such user's BOD Contribution Percentage.

The City or its Engineer, shall determine for each user or user class the average daily Total Suspended Solids (TSS) poundage discharged to the wastewater system which shall then be divided by the average daily poundage of all TSS discharged to the wastewater system, to determine such user's TSS Contribution Percentage. The Volume Contribution Percentage, BOD Contribution Percentage and TSS Contribution Percentage for each user or user class shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, total 5-day 20-degree centigrade BOD and total TSS, respectively.

8.05.04 Determining a Surcharge System for Users with Excess BOD and SS. The City or its Engineer, will assess a surcharge rate for all non-residential users discharging wastes with BOD and TSS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the cost of treating their above-normal strength wastes. Normal strength wastes are considered to be 200 ppm BOD and 250 ppm TSS. The surcharge rate structure for such above-normal strength waste dischargers is included in 8.06.01.

8.05.05 Determining Each User's Wastewater Service Charge. Each non-residential user's wastewater treatment cost contributions as determined in Sections 3 and 4 shall be added together to determine such user's annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each user based on an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial, and other non-residential establishments as a residential user, provided that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, total suspended solids, and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule included in 8.06.02.

8.05.06 Wastewater Facilities Replacement Fund. A reserve fund called the Wastewater Facilities Replacement Fund is hereby established within the wastewater utility fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories and appurtenances during the useful life of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed. The reserve fund shall be funded by a deposit of $500.00 per year from the wastewater utility fund at the end of each fiscal year.

8.05.07 Payment of the User's Wastewater Service Charge and Penalties. The City shall submit an annual statement to the user for the user's annual wastewater service charge or one-twelfth of the user's annual wastewater service charge may be included with the monthly water and/or wastewater utility billing. The City shall add a penalty of 10 percent per month if the payment is not received by the City within 30 days. Should any user fail to pay the user wastewater service charge and penalty within 90 days of the due date, the City may stop the wastewater service to the property.

8.05.08 Review of Each User's Wastewater Service Charge. The City shall review the total annual cost of operation and maintenance as well as each user's Wastewater Contribution Percentage not less often than every 2 years. The City shall revise the system as necessary to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. The City shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly. If a significant user, such as an industry, has completed in-plant modifications which would change that user's Wastewater Contribution Percentage, the user can present, at a regularly scheduled meeting of the governing body, such factual information and the City shall then determine if the user's Wastewater Contribution Percentage is to be changed. The City shall notify the user of its findings as soon as possible.

8.05.09 Notification. Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.

8.05.10 Wastes Prohibited from Being Discharged into the Wastewater Treatment System. The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works is hereby prohibited. Each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the City treatment works shall pay for such increased costs. Section 8.04.05 contains additional requirements covering the use of the City's public sewers.

8.05.11 Prohibition of Clear Water Connections. No person shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

8.05.12 Proper Design and Construction of New Sewers and Connections. The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City and the State of South Dakota. In the absence of code provision or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. Section 8.04.04 contains additional requirements covering the proper design and construction of the City's sanitary sewers, building sewers, and connections.

CHAPTER 8.06 - WASTEWATER RATE SCHEDULES

8.06.01 Rate Schedule.

A. Residential users are one class of user and are assessed a charge of $16.00 per month for 1,000 gallons, plus $.25 per additional 1,000 gallons. Non-residential users with BOD and TSS no greater than the average residential user's strength of 200 ppm BOD and 250 ppm TSS will pay the residential user charge.

Non-residential user with BOD and TSS greater than the average residential user's strength of 200 ppm BOD and 250 ppm TSS will pay a surcharge in accordance with the rate schedule in section 8.06.02.

8.06.02 Surcharge Rate Schedule for Above Normal Strength Wastes. The City or its Engineer, has determined that the average total suspended solids (TSS) and 5-day biochemical oxygen demand (BOD) daily loadings for the average residential user are 200 ppm BOD and 250 ppm TSS. The City or its Engineer, has assessed a surcharge rate for all non-residential users discharging wastes with BOD and TSS strengths greater than the average residential user. The surcharge will be sufficient to cover the costs of treating such users' above normal strength wastes. Such users will pay an additional service charge of $0.15 per 1,000 gallons for each 25 ppm over 200 ppm of BOD, and $0.15 per 1,000 gallons for each 25 ppm over 250 ppm TSS.