The Press-Dispatch
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D-6 Wednesday, Januar y 19, 2022 The Press-Dispatch LEGALS ORDINANCE NO. 2022-02 AN ORDINANCE REGULATING THE CONNECTION TO AND USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, PRIVATE SEWAGE DISPOSAL, AND THE DISCHARGE OF WATERS INTO PUBLIC SEWERS OF THE TOWN OF SPURGEON, PIKE COUNTY, INDIANA, AND PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF SPURGEON, INDIANA, AS FOLLOWS: TABLE OF CONTENTS General Provisions Section 1 Definitions Section 2 Right to make and enforce regulations Building Sewers and Connections Section 3 Use of Public Sewers required; privy unlawful Section 4 Connection with Public Sewer required Section 5 No Exemptions to connection to Public Sewer Section 6 Prohibited action Section 7 Classes of permits Section 8 Responsibility of owner Section 9 Separate sewer for every building Section 10 Material and methods of construction Section 11 Connection of Building Sewer to Public Sewer Section 12 Inspection Section 13 Physical safeguards Use of Public Sewers; Prohibited Acts; Discharges Section 14 Easements; Operation and Maintenance Responsibilities; Contractor; and Electrical Service Section 15 Prohibited discharge to Sanitary Sewer Section 16 Storm Sewers Section 17 Prohibited discharge to any sewer Section 18 Prohibition of certain wastewater concentrations Section 19 Notification of Accidental Discharges Section 20 Violation of limited discharge Section 21 Grease, oil and sand in interceptors Section 22 Pretreatment facilities Section 23 Control manhole Section 24 Test standards Section 25 Special arrangements Section 26 Prohibited connections Section 27 Protection from damage Section 28 Prohibited deposits; discharge to Natural Outlet prohibited Enforcement Section 29 Right to enter premises Section 30 Easement Section 31 Penalty Validity & Ordinance in Force Section 32 Validity Section 33 Ordinance in Force GENERAL PROVISIONS Section 1. DeFinitionS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. BOARD. e Town Board of the Town of Spurgeon, Indiana. It is the governing body of the sewage system, which system is a public service. B. BOD, or BIOCHEMICAL OXYGEN DEMAND. As applied to sewage, sewage effluent, polluted waters or industrial wastes, is the quantity of dissolved oxygen in mg/l required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20° C. e laboratory determinations of BOD shall be made in accordance with procedures set forth in Standard Methods, therein and conventionally referred to as BOD5. C. BUILDING. Any structure having a roof supported by columns or walls for the shelter, support, enclosure or protection of persons, animals, chattels or other property. When separated by a party wall, without opening through the wall, each portion of the building shall be considered a separate building. D. BUILDING DRAIN SANITARY. A building drain which conveys sanitary or industrial sewage only. E. BUILDING SEWER. e extension from the Building Drain to the Service Connection F. CHEMICAL OXYGEN DEMAND (OR COD5). As applied to sewage, sewage effluent, polluted waters or industrial wastes, is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. e laboratory determination shall be made in accordance with procedures set forth in Standard Methods. G. COMBINED SEWER. A sewer receiving both surface runoff and sewage. H. GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. I. CONSTITUENTS AND CHARACTERISTICS (OF WASTEWATER). e chemical, physical, bacteriological and radiological properties, including volume, flow rate and any other properties which serve to define, classify or measure the contents, quality, quantity and strength of wastewater. J. EFFLUENT. e water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet. K. INDUSTRIAL WASTES. e liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. L. INFLOW. Water other than wastewater entering the sewerage system from sources such as leaders, cellars, yard areas and foundation drains, drains from springs and swampy areas, manhole areas, cross connections between storm and sanitary sewers, catch basins, cooling towers, storm water, surface runoff and street wastewater or drainage. M. INFILTRATION. e water entering the sewerage system directly or via private sewers, building drains and building sewers connected therewith from the ground, through means such as, but not limited to, defective pipe joints, connections or manhole walls. N. INSPECTOR. A person authorized by the Board to perform inspection duties assigned to him or her by the Board. O. LATERAL SEWER. e extension from the building drain to the sewerage system or other place of disposal. P. MAY. e action referred to is permissive. Q. NATURAL OUTLET. Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or groundwater. R. NORMAL DOMESTIC SEWAGE. Sewage as discharged by residential users with a BOD5 concentration not in excess of 400 mg/l and a suspended solids concentration not in excess of 500 mg/l. S. NUISANCE. Any substance which is injurious to health or offensive to the senses of an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property. T. PERSON. Any individual, firm, company, association, society, corporation, partnership or group. U. pH. e logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. V. POLLUTION. An alteration of the quality of water by waste, contaminants or pollutants to a degree which renders the water unfit for beneficial users. W. PROPERLY SHREDDED GARBAGE. e 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 1/2 inch (1.27 centimeters) in any dimension. X. PUBLIC SEWER. A sewer and appurtenances owned and controlled by the Town. In the event an easement described Section 14(A) of this Ordinance is granted to the Town, the Public Sewer shall consist of sewer piping from the Service Connection to a grinder pump station (consisting of approximately 4 or 5 feet of piping), grinder pump, grinder pump tank, valves, and electrical control panel, disconnect switch and all electrical wiring from the disconnect switch to the electrical control panel, power and control wiring from the control panel to the grinder pump, sewer piping from the grinder pump station to the collection system force main, including redundant check and ball valves, and the force main collection system, including cleanouts, line valves, air release valves, and manholes. In the event an easement described in Section 14(A) is not granted to the Town, the Public Sewer shall consist of redundant checks and ball valve and the force main collection system, including cleanouts, line valves, air release valves, and manholes. Y. SANITARY SEWAGE. Sewage such as, and having the characteristics of, domestic sewage from dwellings including apartment houses and hotels, office buildings, factories, or institutions free from storm and surface water and industrial wastes. Z. SANITARY SEWER. A sewer which carries sanitary sewage and to which storm, surface, and groundwaters are not intentionally admitted. AA. SANITARY WASTE. Waste from toilets, urinals, lavatories, sinks, bathtubs, showers, household laundries, garage floor drains, bars, soda fountains, refrigerator drips, drinking fountains, and all other water carried wastes except Industrial Wastes. BB. SERVICE CONNECTION. e point of con- nection between the Building Sewer and the Public Sewer. Provided, however, that, in the event that an owner of property to be provided with sewage disposal service by the Town refuses to grant an easement refer- enced in Section 14(A) of this Ordinance, the Service Connection shall be the point of connection between the Building Sewer and the Service Line. CC. SERVICE LINE. e sewer, grinder pump or other pump, and other appurtenances extending from the Service Connection to the public right-of- way, easement, or other location where the Town has a right to construct, install inspect, repair, maintain, and replace Sewage Works. DD. SEWAGE. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwater, surface, and stormwaters as may be present. EE. SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage. FF. SEWAGE WORKS. All facilities for collecting, pumping, treating, and disposing of sewage. GG. SEWER. A pipe or conduit for carrying sewage. HH. SHALL. e action referred to is mandatory. II. 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 15 minutes more than 5 times the average 24-hour concentration or flows during normal operation. JJ. STORM DRAIN or STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage and Industrial Wastes, other than unpolluted cooling water. KK. SUPERINTENDENT. e Superintendent of Sewage Works of the Town, or his or her authorized deputy, agent, or representative, or an independent contractor hired by the Town to perform such services as set out herein for the Superintendent. LL. SUSPENDED SOLIDS. 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. MM. TOWN. e Town of Spurgeon, Indiana. NN. USER. A person who introduces into or discharges into, including both the owner and occupant of real estate from which it is introduced or discharged into, the sewerage system any substances whatever. OO. WASTE. Sanitary sewage and any and all other waste substances, including liquid, solid, gaseous or radio-active, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing, or industrial operation of whatever nature, including waste placed within containers or whatever nature prior to, and for purposes of, disposal. PP. WASTEWATER. e water-carried waste from residences, commercial buildings, government buildings, institutions and industrial buildings, singular or in any combination, together with any ground, surface and storm waters as may be present. QQ. WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used by the Town for treatment and disposing of sewage, sludge, and other sewage constituents and products. RR. WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently. Section 2. RiGHt to MAKe AnD enFoRce ReGULAtionS. e Board shall make and enforce such regulations and ordinances as may be deemed necessary for the safe, economical and efficient management of the Town's Sewage Works, sewer system, for the construction and use of Building Sewers, connections to the sewer system, the regulation, collecting, rebating, and refunding of rates and charges, and for regulation of private sewage disposal. BUILDING SEWERS AND CONNECTIONS Section 3. USe oF PUBLic SeWeRS ReQUiReD; PRiVY UnLAWFUL. Except as hereinaer 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 sewage. Section 4. connection WitH PUBLic SeWeR ReQUiReD. e owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes requiring wastewater disposal, situated within the Town, is hereby required to cause his property to be connected with the Public Sewer in accordance with the provisions of this Ordinance, within ninety (90) days aer the date of official notice to do so, provided that said Public Sewer is within three hundred (300) feet of the owner's property line. Such notice shall be provided in accordance with I.C. 36-9-23-30 or by personal service upon the owner. (B) When a property owner is required by the terms of this ordinance to connect to the Public Sewer of the Town and fails or refuses to do so aer receiving appropriate notice from the Town, at least ninety (90) days before a date for connection stated in the notice, the Town shall apply to the Circuit Court of Pike County for an order to force connection, with the cost of the action, including reasonable attorney's fees of the Town, to be assessed by the Court against the property owner in the action, all of which is provided for by I.C. 36-9-23- 30(d). Section 5. no eXeMPtionS to connection to PUBLic SeWeR Except as may be provided by statute there shall be no exception to the obligation to connect to the Public Sewer as required to by Section 4, above. Section 6. PRoHiBiteD Action. No unauthorized Person 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. Section 7. cLASSeS oF PeRMitS. A. ere shall be four (4) classes of Building Sewer permits, one for residential, one for commercial, one for schools, and one for service to establishments producing Industrial Wastes. B. In all cases, the owner or his or her agent shall make application on a special form furnished by the Board. e permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. Section 8. ReSPonSiBiLitY oF oWneR. All costs and expenses incidental to the installation and connection of the Building Sewer to the Service Connection of the Public Sewer shall be borne by the owner. e owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the Building Sewer. Section 9. SePARAte SeWeR FoR eVeRY BUiLDinG. A. A separate and independent Building Sewer shall be provided for every building. B. Old Building Sewers may be used in connection with new buildings only when the owner employs a qualified party to make a closed-circuit television internal inspection of the old Building Sewer and such inspection meets all of the requirements of this chapter to the satisfaction of the Superintendent. Section 10. MAteRiAL AnD MetHoDS oF conStRUction. e size, slope, alignment, materials of construction of a Building Sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, back-filling the trench and connecting the building to the Service Connection of the Service Line shall all conform to the requirements of Title 327 Indiana Administrative Code Section 3-6-18. Section 11. connection oF BUiLDinG SeWeR to PUBLic SeWeR. e connection of the Building Sewer into the Service Connection of the Service Line shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the Town, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.E.F. Manual of Practice FD-S. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. Section 12. inSPection. e applicant for the Building Sewer permit shall notify the Superintendent when the Building Sewer is ready for inspection and connection to the Public Sewer. e connection shall be made under the supervision of the Superintendent or his or her representative. Section 13. PHYSicAL SAFeGUARDS. 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 relevant authority that will be affected, i.e. Town, County, Indiana Department of Transportation (INDOT) or other relevant party. Section 14. eASeMentS; oPeRAtion AnD MAintenAnce ReSPonSiBiLitieS, contRActoRS, AnD eLectRicAL SeRVice A. On-Lot Easements. Prior to the construction of any portion of a Public Sewer on private property to which a Service Connection will, can, or may be made, the Town may request that the owner of record of the premises to be connected execute an easement in a form provided by the Town granting the Town permission to install, inspect, operate, maintain, repair, and replace that portion of the Public Sewer designed to be located on the owner's property and to which the Service Connection is designed to be made. B. Town's Responsibility for Repairs, Operation, and Maintenance. e cost of all repairs, installation, operation, maintenance, inspection and replacement of the Public Sewer, including any portion of the Public Sewer lying on private property for which the Owner has granted an easement to the Town, shall be borne by the Town as part of the Town's budgeted annual expense of the System. C. Contractor Requirements. Any Person desiring to construct or install, repair, maintain, or replace a Building Sewer or a Service Line, or uncover, make any connection with or opening into, use, alter or disturb any Public Sewer or appurtenances thereof, must register with the Town. e registration shall be made on a calendar year basis. D. Demolition of Existing Buildings. e owner of an existing building to which a Service Connection has been made, shall obtain a permit from the Town to disconnect the Building Sewer from the Service Connection or the Service Connection from the Public Sewer and cap the same before demolition or removal of the building and shall permit and cause the disconnection and related construction to be inspected by the Town in accordance with this regulation. E. Provision of Electrical Service. Unless determined by the Board that an alternative configuration is more financially viable, the owner of a building to which a Service Connection is made or required as provided herein shall provide and maintain an electrical service as specified by the Town for the operation of a grinder or other pump or other appurtenances requiring electricity incorporated as a part of the Sewage Works for purposes of providing sewage disposal to that owner's premises. e owner shall also be responsible for all billings in connection with said electrical service. USE OF PUBLIC SEWERS; PROHIBITED ACTS; DISCHARGES Section 15. PRoHiBiteD DiScHARGeS to 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 16. StoRM SeWeRS. 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 Superintendent or other appropriate authority, i.e. the Department of Natural Resources (DNR), County Engineer, Army Corp of Engineers. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent or other appropriate authority, to a Storm Sewer, or Natural Outlet. Section 17. PRoHiBiteD DiScHARGeS to AnY SeWeR. A. No Person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes, if it appears likely in the opinion of the Superintendent that the wastes can harm either the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the Sewage Treatment Plant, degree of treatability of wastes in the Sewage Treatment Plant, and other pertinent factors. B. e substances prohibited are: 1. Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Sewage Works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground Garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, and the like, either whole or ground by Garbage grinders. 2. Any Garbage that has not been properly shredded. e installation and operation of any Garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent; 3. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; 4. Any liquid or vapor having a temperature higher than 150°C (65°C); 5. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not; 6. Any waters or wastes containing phenols or other taste-or odor-producing substances, in concentrations exceeding limits which may be established by the Superintendent as necessary, aer treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for discharge to the receiving waters; 7. Any radioactive waste or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations; 8. Any waters or wastes having a pH lower than 5.5 or in excess of 9 or having any other corrosive properly capable of causing damage or hazard to structures, equipment, and personnel of the Sewage Works; 9. Materials which exert or cause: a. Unusual concentrations of inert Suspended Solids in excess of 500 mg/l (such as but not limited to fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate); b. Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions); c. Unusual BOD5 in excess of 400 mg/l, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; or d. Unusual volume of low or concentration of wastes constituting Slugs, as defined herein. 10. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process or to constitute a hazard to humans or animals, or to create any hazard in the receiving waters of the treatment plant. Section 18. PRoHiBition oF ceRtAin WASteWAteR concentRAtionS. A. A Person shall not discharge any wastewater containing waste concentration in excess of those allowed under the applicable national pretreatment standards. B. If no pretreatment standard exists, the following concentration prohibitions shall apply, unless modified by the Board: 1. 0.20 mg/l; cadmium; 2. 0.25 mg/l hexavalent chromium (Cr, VI) for 1 day, or 0.09 mg/l hexavalent chromium for any 30-consecutive day average; 3. 2 mg/l copper; 4. 0.20 mg/l cyanide amenable to chlorination (CN, A) for 1 day, or 0.08 mg/l cyanide amenable to chlorination for any 30-consecutive day average; 5. 0.64 mg/l cyanide, total (CN, T) for 1 day, or 0.24 mg/l cyanide total for any 30-consecutive day average; 6. 1.00 mg/l lead; 7. 0.20 mg/l mercury; 8. 0.80 mg/l nickel; 9. 0.10 mg/l silver; 10. 1 mg/l zinc; 11. 200 mg/l oil and grease of animal or vegetable origin; 12. 100 mg/l oil and grease of mineral or petroleum origin; 13. 1 mg/l phenolic compounds which cannot be removed by the Town's wastewater treatment process; 14. Other concentrations than stated above are prohibited if applicable state or federal regulations or regulations of the Board set different maximum concentrations; and/or 15. Any other substance or concentration thereof prohibited to all users or classes of users by state or federal law, or regulation now or hereaer adopted by the Board. Section 19. notiFicAtion oF AcciDentAL DiScHARGeS. A. A user shall notify the Superintendent immediately upon discharging, accidentally or otherwise, chemicals, corrosive substances, or any other matter that is or may be deleterious to the sewerage system or treatment process, or wastewaters in violation of this chapter, to enable countermeasures to be taken by the Town to minimize damage to the sewerage system, treatment processes and the receiving stream. B. is notification shall be followed within seven days of the date of occurrence by a detailed written report, signed by the user, describing the causes of the discharge and the measures being taken to prevent future similar occurrences. C. e notification will not relieve users of liability for any expense, loss or damage to the sewerage system, wastewater treatment plant or treatment process, or any fines or penalties imposed by the Town, which expense, loss or damage shall be paid for by the user. Section 20. VioLAtion oF LiMiteD DiScHARGe. A. 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 18, and which in the judgment of the Superintendent may have a deleterious effect upon the Sewage Works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: 1. Reject the waste; 2. Require pretreatment to an acceptable condition for discharge to the Public Sewers; 3. Require control over the quantities and rates of discharge; and/or 4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 34. B. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances, and laws. Section 21. GReASe, oiL, SAnD inteRcePtoRS. 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 grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that the 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. Section 22. PRetReAtMent FAciLitieS. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they Continued on page 7