CITY OF JEFFERSON, GEORGIA

SEWER USE ORDINANCE

JULY, 2004

AN ORDINANCE TO PROVIDE FOR UNIFORM REGULATIONS, MAINTENANCE AND USAGE OF PUBLIC AND PRIVATE SEWER AND DRAIN SYSTEM; TO ENSURE COMPLIANCE WITH THE CLEAN WATER ACT AND OTHER STATE AND FEDERAL STATUTES AND REGULATIONS

OF THE CITY OF JEFFERSON

WHEREAS, the City of Jefferson wishes to establish uniform requirements of the users of public and private sewers and drains, private wastewater disposal; and

WHEREAS, the City of Jefferson wishes to establish uniform requirements of the installation and connection of building sewers; and

WHEREAS, the City of Jefferson wishes to establish charges and fees for the use of the City of Jefferson’s sewer and wastewater system; and,

WHEREAS, the City of Jefferson wishes to ensure compliance with all state and federal statutes, rules and regulations,

THE COUNCIL OF THE CITY OF JEFFERSON HEREBY ORDAINS:

I.The Code of Ordinances of the City of Jefferson is hereby amended as follows:

Section 1:Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

1.01Abbreviations:

The following abbreviations shall have the designated meanings:

  • ASPP-Accidental Spill Prevention Plan
  • ASTM-American Society for Testing Materials
  • BOD-Biochemical Oxygen Demand
  • CFR-Code of Federal Regulations
  • COD-Chemical Oxygen Demand
  • EPA-U. S. Environmental Protection Agency
  • gpd-gallons per day
  • LAS-Land Application System
  • LEL-Lower Explosive Limit
  • mg -milligrams
  • mg/L-milligrams per liter
  • NPDES-National Pollutant Discharge Elimination System
  • O&M-Operation and Maintenance
  • POTW-Publicly Owned Treatment Works
  • RCRA-Resource Conservation and Recovery Act
  • SIC-Standard Industrial Classifications
  • SIU-Significant Industrial User
  • SWDA-Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
  • TSS-Total Suspended Solids
  • USC-United States Code
  • WPCF-Water Pollution Control Federal (now Water Environment Federation)
  • WPCP-Water Pollution Control Plant

1.02Act or “The Act”: Means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.

1.03Approval Authority: Means the Director of the Environmental Protection Division, Department of Natural Resources, State of Georgia.

1.04Authorized Representative of Industrial User: An authorized representative of an industrial user may be: 1) A principal executive officer of, at minimum, level of Vice President if the industrial user is a corporation; 2) A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; 3) An authorized representative who is responsible for the overall operation of the facility from which the discharge originates.

1.05Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/L).

1.06Board of Health: The Jackson County Board of Health or an authorized agent or representative.

1.07Building Sewer: A private sewer conveying wastewater from the premises of a user to a community sewer.

1.08Categorical User: A user covered by one of E PA’s Categorical Pretreatment Standards.

1.09Categorical Standards: National Categorical Pretreatment Standards or Pretreatment Standard.

1.10Chain of Custody: A written record of sample possession for all persons who handle (collect, transport, analyze, dispose) a sample, including names, dates and times.

1.11Chemical Oxygen Demand (COD): A measure of the oxygen required to oxidize organic and oxidizable inorganic compounds in water.

1.12City: The City of Jefferson, Georgia, a Municipal Corporation, acting through its Mayor, Council and City Manager.

1.13City Engineer: The individual or firm employed in such capacity by the City Council of Jefferson; his/her duly authorized agent, deputy or representative.

1.14City Manager: The Chief Operating Officer of the City of Jefferson.

1.15Compatible Pollutant: BOD, TSS, pH, fecal coliform bacteria, ammonia, and such additional pollutants as are now, or may in the future, be specified and controlled in Jefferson’s LAS and/or NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove pollutants.

1.16Composite Sample: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

1.17County: Jackson, Georgia, a political subdivision of the State of Georgia.

1.18Community Sewer: Any public sewer containing wastewater from more than one premise.

1.19Committee: A committee of the City Council of Jefferson charged with the overview of the sewer system.

1.20Cooling Water: The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant is heat.

1.21Compatible Pollutant: Biochemical Oxygen Demand, Suspended Solids, and fecal Coliform bacteria.

1.22Control Authority: The term “control authority” shall refer to the “approval authority”, defined hereinabove; or the City Manager.

1.23Direct Discharge: The discharge of treated or untreated wastewater directly to the Waters of the State of Georgia.

1.24Discharge: The discharge of a pollutant or the discharge of pollutants.

1.25Environmental Protection Agency (EPA): An agency of the United States, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

1.26Environmental Protection Division (EPD): The State of Georgia Department of Natural Resources, Environmental Protection Division or its duly authorized representative.

1.27Existing Source: For a categorical industrial user, an “existing source” is any source of discharge, the construction or operation of which commenced prior to the publication by EPA 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.

1.28Existing User: For non-categorical users an “existing user” is defined as any user which is discharging wastewater prior to the effective date of this Ordinance or include a specific date such as the date the code will become effective.

1.29Floatable Grease: Grease in a state such that it is insoluble in the liquid waste and will separate from the liquid by gravity in properly operating grease separation facilities.

1.30Flow Proportioned: A composite sample that is collected continuously or discreetly. Discreet sampling may be flow-proportioned by varying the time interval between each aliquot. All composites must be flow-proportional to each stream flow at time of collection of aliquot or to the total flow since the previous aliquot.

1.31Grab Sample: A water sample which is taken on a one-time basis with no regard to the flow in the waste system and without consideration of time.

1.32Grease: Such materials include fats, oils, waxes and related compounds of animal, vegetable or mineral origin.

1.33Hazardous Substance: Any substance designated under 40 CFR Part 261 pursuant to Section 311 of the Clean Water Act.

1.34Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

1.35Indirect Discharge: The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307 (b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system) for treatment before direct discharge to the waters of the state.

1.36Industrial Wastes: The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

1.37Interference: Means inhibition or disruption of the sewer system, treatment processes or operations or which contributes to a violation of any requirement of the City’s NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV) applicable to the method of disposal or use employed by the POTW.

1.38Mass Emission Rate: The weight of material discharged to the community sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the particular constituent or combination of constituents.

1.39Maximum Allowable Discharge Limit: The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected.

1.40National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users.

1.41National Prohibitive Discharge Standard or Prohibitive Discharge Standard: Any regulation developed under the authority of 307 (b) of the Act and 40 C.F.R. Section 403.5.

1.42New 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 the 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:

(1)The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(2)The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3)The production or wastewater generating processes of the building, structure, facility, or installation is 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.

  1. 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 a.1. or 2. above but otherwise alters, replaces, or adds to existing process or production equipment.
  1. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(1)Begun, or caused to begin as part of a continuous onsite construction program:

(i)any placement, assembly, or installation of facilities or equipment; or

(ii)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

(2)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.

1.43National Pollution Discharge Elimination System or NPDES Permit: A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

1.44New User: A “new user” is not a “new source” and is defined as a user that applies to Jefferson for a new building permit or any person who occupies an existing building and plans to discharge wastewater to Jefferson’s collection system after the effective date of this Ordinance or include a specific date such as the date the code will become effective. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an “existing user” if no significant changes are made in the manufacturing operation.

1.45Normal Sewage: Those liquid wastes that are within the limits established by Section 4 of this Ordinance.

1.46North American Industry Classification System (NAICS): A classification system which replaces the Standard Industrial Classification (SIC).

1.47Owner: The tenant of a building or structure that officially holds the business license and is the customer or user of record being responsible for the water and sewer bill.

1.48Pass Through: A discharge which exits the POTW into waters of the United States 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 Jefferson’s NPDES or LAS permit (including an increase in the magnitude or duration of a violation).

1.49Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, government entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

1.50pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

1.51pH Violation: Any excursion outside of the permitted range at any time.

1.52Pollution: The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

1.53Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

1.54Premises: A parcel of real estate or portion thereof including any improvements thereon which is determined by the Superintendent to be a single user for purposes of receiving, using, and paying for services.

1.55Pretreatment or Treatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 C.F.R. Section 403.6(d).

1.56Publicly Owned Treatment Works or POTW: A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the City. This definition includes any sewers that convey wastewater to such a treatment works, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment.

1.57Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

1.58POTW Treatment Plant: That portion of the POTW designed to provide treatment to wastewater.

1.59Reclaimed Water: Water which, as a result of treatment of waste, is suitable for direct beneficial uses or a controlled use that would not occur otherwise.

1.60Sewage: Human excrement and gray water (household showers, dishwashing operations, etc.).

1.61Sewer: Any pipe, conduit, or other device used to collect and transport sewage from the generating source.

1.62Sewerage: The entire system of sewage collection, treatment and disposal.

1.63‘Shall’ is mandatory. ‘May’ is permissive.

1.64Significant Industrial User: Any industrial user of the City’s wastewater disposal system who (i) has a discharge flow of 25,000 gallons or more per average work day, or (ii) has a flow greater than 5% of the flow in the City’s Water Pollution Control Plant, or (iii) has in its waste, toxic pollutants as defined in Section 307 of the Act, or (iv) is found by the City, State of Georgia Environmental Protection Division (EPD) or the U. S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, or the system’s effluent quality, that is generated by the system.

1.65Standard Specifications and Details: The current edition of the Adopted Standard Specifications and details for all construction of sanitary sewerage systems in the City of Jefferson.

1.66State: State of Georgia.

1.67Storm Water: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

1.68Surcharge: A charge for treating pollutant loading above design domestic levels.

1.69Suspended Solids: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

1.70Superintendent: The person designated by the City to supervise the operation of the Water Pollution Control Plant and who is charged with certain duties and responsibilities by this ordinance, or his authorized representative.

1.71Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of 33 U.S.C. 1317.

1.72Total Suspended Solids: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

1.73Treatment Plant Effluent: The discharge from the Water Pollution Control Plant into waters of the United States.

1.74Treatment Works: Any devices and systems used in the storage, treatment, recycling and reclamation of domestic sewage or industrial wastes of a liquid nature including interceptor sewers, outfall sewers, sewage collection systems, pumping stations and other equipment and appurtenances; extensions, improvements, additions and alterations thereof; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

1.75Twenty-four Hour Composite Sample: A sample consisting of several effluent portions collected during a twenty-four (24) hour period and combined to form a representative sample.

1.76Unpolluted Water: Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the State of Georgia or the Environmental Protection Agency having jurisdiction thereof for disposal to storm or natural drainage, or directly to surface waters.

1.77Upset: An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation.

1.78User: Any person, firm, corporation or governmental entity that discharges, causes or permits the discharge of wastewater into a community sewer.

1.79Waste: Includes sewage and any and all other waste substances liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

1.80Wastewater: A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

1.81Wastewater Constituents and Characteristics: The individual chemical, physical, bacteriological and radiological parameters, including volume, and flow rate and such other parameters that serve to define, classify or measure the contents, quality, and strength of wastewater.