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

(a)   Board of Health shall mean the City of Newton board composed of the mayor, the city manager and a licensed medical doctor to be appointed by the city manager. The duties of the board of health are described in Chapter XI, Article I of this code.

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

(c)   Building Drain shall mean that portion of the lowest horizontal piping of a drainage system which received the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

(d)   Building Inspector shall be or caused to be appointed by the city manager and shall be charged with administration of the city ordinances related to the construction of buildings, the installation and maintenance of plumbing, electrical wiring and gas piping on private premises and shall issue permits and make inspections as required by ordinance.

(e)   Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

(f)   City Engineer shall mean the city engineer of the city or his or her authorized deputy, agent or representative.

(g)   Combined Sewer shall mean a sewer receiving both surface runoff and sewage.

(h)   Garbage shall mean solid waste from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

(i)    Health Officer shall be the public health sanitarian who shall enforce all ordinances of the city affecting the heath of the inhabitants of the city. The health officer shall have such other duties as may be required by the laws of the State of Kansas and the ordinances of the city.

(j)    Industrial Wastes shall mean the liquid wastes from Industrial manufacturing processes, trade or business as distinct from sanitary sewage.

(k)   Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

(l)    Person shall mean any individual, firm, company, association, society, corporation or group.

(m)  pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(n)   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 1/2 inch (1.27 centimeters) in any dimension.

(o)   Public Sewer shall mean a sewer in which all owners of abutting· properties have equal rights, and is controlled by public authority.

(p)   Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

(q)   Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.

(r)    Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.

(s)   Sewage Works or Sewage Disposal System shall mean all facilities for collecting, pumping, treating and disposing of sewage.

(t)    Sewer shall mean a pipe or conduit for carrying sewage,

(u)   Shall is mandatory; May is permissive.

(v)   Slug shall mean 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 five times the average 24 hour concentration or flows during normal operation.

(w)  Storm Drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(x)   Suspended Solids shall mean 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.

(y)   Watercourse shall means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 3244, Art. 1, Secs. 1:25; Ord. 5094-22)

(a)   It shall be unlawful for any person to place, deposit or discharge, or to permit the placement, deposit or discharge, of any domestic or industrial waste, discharge, garbage, human or animal excrement or other unsanitary substances in or upon any public or private party within the city, or in any area under the jurisdiction of the city, except in such manner as may be specifically authorized.

(b)   It shall be unlawful for any person to deposit or discharge into any accommodation for domestic sewage, such as public restrooms or recreational vehicle sewage hook-ups or drops, any waste or substances other than the type and manner of domestic sewage discharge for which such accommodations are provided and designed.

(c)   No person may discharge or otherwise introduce any liquid industrial or manufacturing waste into the city sanitary sewer system in any manner than through an authorized connection or at a location specifically identified and approved for such discharge, and only by payment of the applicable fees or charged therefor. Discharge of such liquid waste may be approved under the following conditions and requirements:

(1)   Permitted hauled liquid waste must be transported to the wastewater treatment facility in a known volume closed tank of metal, fiberglass, or plastic of watertight construction used for the containment and transportation of liquid wastes. All openings of the tank must be kept closed except when waste is being unloaded.

(2)   Liquid wasted authorized to be discharged shall be limited to domestic septic tank waste and portable toilet waste unless advanced arrangements have been made with the wastewater supervisor / Chief Operator.

(3)   The discharge of non-permitted hauled liquid wastes, including but not limited to the following, are prohibited.

(A)  Industrial wastes and sludges;

(B)  Chemical wastes;

(C)  Sand or mud traps;

(D)  Grease traps, either food service, nonpetroleum or petroleum;

(E)   Oils and lubricants, either new, used, or waste;

(F)   Hazardous or toxic wastes;

(G)  Storm drain sludges; or

(H) Any waste which may cause interference or pass-through at the wastewater treatment facility or may pose a health threat to workers at the facility;

(4)   Prior to discharge of each load and any required analysis of hauled waste, the hauler shall provide the wastewater facility personnel with information pertaining to the origin of the hauled waste and the volume of waste discharged. The hauler will then sign a haul ticket generated by the wastewater facility personnel. A copy of the ticket will be given to the hauler.

(5)   Discharge of permitted wastes may be performed at the designated site at the wastewater treatment facility between the hours of 8:00 a.m. and 2:00 p.m. Monday through Friday, excluding holidays.

(d)   Fees for the discharge of liquid waste pursuant to subsection (c) above shall be as follows:

(1)   A base charge of $100.00 per day of hauling if the origin of the waste where collected is outside the City of Newton.

(2)   A gate charge of $10.00 for each load hauled during a one-day period.

(3)   A minimum volume charge of equivalent to the current charges including the BNR percentage for the first 300 cubic feet of waste.

(4)   A charge of equivalent to the current charges including the BNR percentage per 100 cubic feet discharged in excess of the minimum volume charge.

(5)   A charge for pH analysis performed on the discharge, as deemed necessary by the wastewater supervisor / Chief Operator

(e)   Prior to being permitted under subsection (c) to discharge any wastes into the city sanitary sewer system, the party seeking such permission must have on file with the wastewater supervisor / Chief Operator the following information, and must continuously update such information as there are changes therein, doing so within seven days of any such change, to wit:

(1)   Name of the party, mailing address, phone number, and principal contact person at such address;

(2)   The principal owners of any such business entity;

(3)   The nature of the business operations as such may affect the hauled waste characteristics;

(4)   Average tank capacity of the devices or vehicles by which such waste will be hauled for disposal; and

(5)   Any other information deemed significant by the wastewater supervisor / Chief Operator.

(f)   All vehicles discharging liquid wastes pursuant to permission granted under subsection (c) shall be subject to sampling by wastewater personnel at any time.

(Ord. 3244, Art. II, Sec. 1; Ord. 4742-10; Ord. 5094-22)

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

(Ord. 3244, Art. II, Sec. 2; Ord. 5094-22)

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 sewage.

(Code 1977, 19-104; Ord. 5094-22)

All persons and property owners owning dwelling houses or buildings within the city which building or buildings are, or shall be located near a sewer, or in a block within any sewer district in the city through which a sewer extends, are hereby required and ordered to make such connections with the sewer system of the city, as may be necessary in the judgment of the board of health for the protection of the health of the public, for the purpose of disposing of all substances from such building or buildings affecting the public health which may be lawfully and regularly disposed of by means of such sewer.

(Code 1977, 19-105; Ord. 5094-22)

Should any person or persons fail, neglect or refuse to so connect any building or buildings with the sewer system of the city as provided in section 19-105 of this article, for more than 10 days after being notified in writing by the board of health to do so, then the city may cause such premises and buildings to be connected with the sewer system and shall advertise for bids for the construction and making such sewer connections and contract therefor with the lowest responsible bidder or bidders and cause such premises to be connected with the sewer system, and the costs and expenses thereof shall be assessed against the property and premises so connected, such assessment to be made in the same manner as other special assessments are made.

(Code 1977, 19-106; Ord. 5094-22)

Except as the governing body of the City may otherwise specifically authorize and direct, no extension of or connection to the sanitary sewer system of the city shall be authorized except within the corporate limits and under the following circumstances:

(a)   An extension of the system to serve property which is platted or within a platted area may be approved by the governing body upon the filing and acceptance of a sufficient petition for such extension of the system, and upon the establishment of a sewer benefit district to pay all or such portion of the cost of such extension as the governing body shall approve; or

(b)   A connection to an existing sanitary sewer main line is authorized upon the submission to the public works department of a sufficient application for the connection of a property which is platted or within a platted area,  upon a determination by the Director of Public Works that the property can be directly served by connection to such existing sanitary sewer main line and that the system can handle the additional volumes from such connection, and upon the payment of an out-of-district sewer fee in an amount determined as follows:

(1)   Subject to the provisions of subsection (3) below, if the connection is to a sanitary sewer main line the construction of which was part of a project for which a sewer district was formed for the purpose of the assessment of such project costs, the out-of-district sewer fee shall be an amount equal to what the parcel’s assessment would have been if the parcel had been a part of the original sewer district, including interest on such assessment over the term of the bonds financing the project.  The proceeds of the out-of-district sewer fee shall be applied as follows:

(A)  If any bonds were issued for the financing of such sewer district costs and are still within their original term, the fee proceeds shall be deposited to the bond and interest fund for such bond issue and used to reduce pro rata the amount of the remaining assessments against properties included in the original sewer district, including any applicable city at-large share.

(B)  If bonds were issued for the financing of such sewer district costs but such bonds have been retired or redeemed, the fee proceeds shall be applied to the city’s general bond and interest fund.

(C)  In all other situations under this subsection (1), the fee proceeds shall be deposited into the sewer utility operating fund.

(2)   Subject to the provisions of subsection (3) below, if the connection is to a sanitary sewer main line the construction of which was not part of a project for which a sewer district was formed for the purpose of the assessment of such project costs, the governing body shall determine the amount of the out-of-district water fee which shall be paid, and the fee proceeds shall be deposited into the sewer utility operating fund.

(3)   As an exception to subsections (1) and (2) above, no out-of-district fee shall be required if the sanitary sewer main line to which connection is to be made was constructed more than 15 years prior to the time connection is requested by the applicant.

(4)   Out-of-district fees may be paid, with interest at an annual percentage rate equal to one and one-half times the rate on the most recent general obligation bonds issued by the city, over a term of up to three years, with the applicant’s execution of a payment agreement which provides adequate security for that payment obligation.

(c)   In addition to the foregoing, those making connections to the sewer system will also be responsible for the payment of such other tap or connection fees as shall also be applicable.

(Ord. 3316; Ord. 4835-13; Ord. 5094-22)

No sanitary sewer shall be extended beyond the corporate limits and no connections to serve areas beyond the corporate limits shall be permitted; provided, that the governing body may by contract provide such service for industrial, public or eleemosynary purposes.

(Code 1977, 19-108; Ord. 5094-22)

Where a public sanitary sewer is not available under the provisions of section 19-105 of this article, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Code 1977, 19-109; Ord. 5094-22)

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Kansas State Board of Health, the Harvey County Health Officer and City of Newton Board of Health. The application for such permit shall be made on a form furnished by the county health department, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the city building official.

(Code 1977, 19-110; Ord. 5094-22)

Approval of a private sewage disposal system shall not become effective until the installation is completed according to plans and specifications. The health officer and the city building inspector shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the health department and the building inspector 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 building inspector.

(Code 1977, 19-111; Ord. 5094-22)

The type, capacities, location and layout of a private sewage disposal system shall comply with all requirements of the Kansas State Board of Health and the Harvey County Health Department.

(Code 1977, 19-112; Ord. 5094-22)

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 19-112 of this article, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Ord. 3244, Art. III, Sec. 5; Ord. 5094-22)

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

(Ord. 3244, Art. III, Sec. 6; Ord. 5094-22)

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

(Ord. 3244, Art. III, Sec. 7; Ord. 5094-22)

No 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 city engineering department.

(Ord. 3244, Art. IV, Sec. 1; Ord. 5094-22)

There shall be two classes of building sewer permits:

(a)   Residential and commercial service;

(b)   Service to establishments producing industrial wastes.

In either case, the owner or his or her agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city engineering department. A permit and inspection fee for a residential, commercial building or industrial sewer shall be paid to the city at the time the application is field.

(Ord. 3244, Art. IV, Sec. 2; Ord. 5094-22)

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner.

(Ord. 3244, Art. IV, Sec. 3; Ord. 5094-22)

A separate and independent building sewer shall be provided for every building; except where one building standards 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, courtyard, or driveway, the building sewer form the from the building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 3244, Art. IV, Sec.4; Ord. 5094-22)

Old building sewers may be used in. connection with new buildings only when they are found, on examination, to meet all requirements of this article.

(Ord. 3244, Art. IV, Sec. 5; Ord. 5094-22)

The size, slope, alignment, materials of construction of a building sewer, 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.

(Ord. 3244, Art. IV, Sec. 6; Ord. 5094-22)

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.

(Ord. 3244, Art. IV, Sec. 7; Ord. 5094-22)

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.

(Ord. 3244, Art. IV, Sec. 8; Ord. 5094-22)

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. All such connections shall be made gastight and watertight.

(Ord. 3244, Art. IV, Sec. 9; Ord. 5094-22)

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

(Ord. 3244, Art. IV, Sec. 10; Ord. 5094-22)

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.

(Ord. 3244, Art. IV, Sec. 11; Ord. 5094-22)

Grease, oil and sand interceptors shall be provided when, in the opinion of the building inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the building inspector, and shall be located as to be readily and easily accessible for cleaning and inspection.

(Ord. 3244, Art. IV, Sec. 12; Ord. 5094-22)

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer, unless specifically authorized to do so through the terms of a permit issued under the provisions of this chapter.

(Ord. 3244, Art. V, Sec. 1; Ord. 4875-15; Ord. 5094-22)

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city engineering department. Industrial cooling water or unpolluted process waters may be discharged on approval of the city engineering department, to a storm sewer or natural outlet.  To the extent that any such activities would also require the issuance of an applicable federal, state or local permit, then any such approval by the city engineering department will be contingent upon the issuance and ongoing maintenance of any such permit.

(Ord. 3244, Art. V, Sec. 2; Ord. 4875-15; Ord. 5094-22)

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, solid, or gas;

(b)   Any waters or wastes 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 sewage treatment plant, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewers;

(c)   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 sewage works;

(d)   Solid or viscous substances in quantities or of such 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, bones, egg shells, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;

(e)   Any waters or wastes having:

(1)   A five-day BOD greater than 300 parts per million by weight;

(2)   Containing more than 350 parts per million by weight of suspended solids;

(3)   Having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the city engineer. Where necessary in the opinion of the city engineer the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:

(4)   Reduce the biochemical oxygen demand to 300 parts per million by weight;

(5)   Reduce the suspended solids to 350 parts per million by weight; or

(6)   Control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city engineering department and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Ord. 3244, Art. V, Sec. 3; Ord. 5094-22)

With the exception of discharges which are governed by the provisions of article 3 of this chapter, no person shall discharge or cause to be discharged the following described substances material, waters or wastes if it appears likely in the opinion of the city engineer, that such 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 city engineer will give consideration to such factors as the 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. The substances prohibited are:

(a)   Any liquid vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade);

(b)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit (1 and 65 degrees Centigrade);

(c)   Any garbage that has not been properly shredded. The 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 city engineer;

(d)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

(e)   Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city engineer for such materials;

(f)   Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the city engineer as necessary, after treatment of the composite sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;

(g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city engineer in compliance with applicable state and federal regulations;

(h)   Any waters or wastes having a pH in excess of 9.5;

(i)    Materials which exert or cause:

(1)   Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

(2)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4)   Unusual volume of flow or concentration of wastes constituting slugs as defined herein.

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

(Ord.3244, Art. V, Sec.4; Ord. 4875-15; Ord. 5094-22)

(Code 1977, Sec. 19-132; Ord. 4875-15; Ord. 5094-22)

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

(Code 1977, Sec 19-1330; Ord. 5094-22)

When required by the city engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the city engineer. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(Code 1977, Sec. 19-134; Ord. 5094-22)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids and analyses are obtained from 24 hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)

(Code 1977, Sec. 19-135; Ord. 5094-22)

No statement contained in this article 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, subject to payment therefor, by the industrial concern.

(Code 1977, Sec. 19-136; Ord. 5094-22)

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Code 1977, Sec. 19-137; Ord. 5094-22)

The city engineer and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all premises, including commercial, industrial, institutional or residential properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The city engineer, his or her representatives or other duly authorized employees of the city shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(Ord. 3587; Ord. 5094-22)

While performing the necessary work on private properties referred to in section 19-138 of this article, the city engineer 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, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in 19-134 of this article.

(Code 1977, Sec. 19-139; Ord. 5094-22)

(Repealed by Ord. 3301)

(a)   Provisions relating to the violation of sections 19-129, 19-130 and 19-131 shall be as follows:

(1)   Where wastes are found being discharged into the public sewers in violation of sections 19-129, 19-130 and 19-131, the city reserves the right, in addition to the penalties provided by this code, to-discontinue water service to the premises from which such discharge originates.

(2)   The expense of unplugging a blockage in the public sewer shall be chargeable and billed as a part of the sewage disposal service charge to the premises and customer causing such blockage and collected in the manner provided for the sewage disposal service charge.

(b)   Provisions relating to the violation of any of the provisions of this article shall be as follows:

(1)   Any person found to be violating any provision of this article except section 19-137 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;

(2)   Any person who shall continue any violation beyond the time limit provided for in subsection (b) (1) shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding $100 for each violation. Each 24 hour period in which any such violation shall continue shall be deemed a separate offense.

(3)   Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(Code 1977, Sec. 19-145; Ord. 5094-22)