Title 9 - WATER AND SEWER
It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the city, and for the purpose of controlling the use and connection to, and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire municipal water system which includes the water supply, water storage and water distribution facilities of the city, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the municipal water system of the city, which system and facilities consist generally of all wells, storage reservoirs, transmission mains, structures, buildings, chlorination facilities, valves, service connections, service meters, fittings, mechanical equipment and all other facilities as required for the furnishing and distribution of water as a public system to the citizens of the city; and to provide for the control, use and administration of the installation of private domestic water systems where a public water system is not available.
(Ord. 04-1106, 10-5-2004)
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
Authorized water user. Any person making authorized and proper use of the municipal water system and/or the water delivered thereby and who has made application for water service and such application has been granted and has paid for such service, water, and all fees required. An authorized water user may be an owner, his tenant by lease or rental, a developer, etc.
City. Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative or deputy thereto.
City water service line. That portion of any individual water service line that runs from its connection with the public water main to, and including, the corporation stop, valve box and meter that is installed in the service line. It will usually be installed within the limits of the public right-of-way or utility easement and, after approved installation, it is to be owned and maintained by the city.
Equivalent connection. The service to a typical residential house on an individual lot that is occupied by an average single-family dwelling is designated as one (1) equivalent connection. All other connections are prorated in relation to equivalent connections based on the estimated usage of or benefit derived from the service.
Master water plan. Any document which the City of Meridian has accepted by official action of the City Council which describes or otherwise indicates an overall view of proposed future water system needs, minimum water main sizing, and/or minimum water main spacing and routing.
Month. The period between scheduled water meter readings. The city will, as nearly as possible, schedule the water meter readings thirty (30) days apart.
Multiple building development. Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, professional offices, etc.
Municipal water system. Includes all components and facilities of the public water system that are owned, operated, or maintained by the City of Meridian, Idaho, for domestic and other uses.
Oversized main. Any water main which is required to have a larger inside diameter than is necessary based on the estimated flow of the service area for which the main is being installed.
Owner. Refers to the property owner that is served by the municipal water system or desires to be served by the municipal water system.
Person. Any individual, firm, company, association, society, corporation or group.
Private fire service connection. A separate and independent connection from the municipal water main that connects directly to a sprinkler system or fire control device that has been, or is to be, installed in any building for the purpose of fire control within the specific building and said connection is to be for no other purpose.
Private water service line. The portion of the water service line that runs from the building being served to the point of connection with the water meter.
Private water system. Any water system for domestic use that is not owned, operated and maintained by the City of Meridian, Idaho.
Property. Refers to all property, whether privately or publicly owned, within the service limits of the municipal water system excluding therefrom lands that have been dedicated for public street or highway rights-of-way.
Public water service line. See definition of City Water Service Line.
Shall/may. "Shall" is mandatory; "may" is permissive.
Sprinkler irrigation. Refers to any system for the purpose of watering lawns, gardens, shrubs, trees, etc., as they are normally grown in the out of doors or open spaces.
Superintendent. The Superintendent of the City Waterworks is the individual appointed by the City Council to be in charge of, and oversee, the water system; he shall, under the direction of the City Engineer and City Council, have charge of the municipal water supply system. The Superintendent's duties shall include, but not be limited to: maintenance, operation, supervision and/or inspection of all additions or modifications. The Superintendent shall report, on a regular basis, to the City Engineer the condition of the municipal water system.
Unauthorized water user. Any person who makes any use of the municipal water system or the water delivered thereby who is not an authorized water user or who improperly or illegally uses the water system, or who causes damage or injury to the system in any fashion.
Uniform plumbing code. The most currently adopted edition of the uniform plumbing code.
Water main. Any pipeline owned by the city for the purpose of transportation and/or distribution of water to serve more than one (1) water service line or user.
(Ord. 04-1106, 10-5-2004)
A.
Application. The provisions of this chapter shall apply to all property within the corporate limits of the city, and any special users outside of the corporate limits of the city, including all property owned or occupied by the United States of America, the State of Idaho, and Ada County.
B.
City authority. The water system for the supply of the city shall be under the sole and exclusive control of the Mayor and Council, who may, from time to time, direct the construction of such works, placing of mains, service pipes and fire hydrants, as the necessities of the city may require.
(Ord. 04-1106, 10-5-2004)
A.
Connection to city system. The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or any other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is located a city water line is hereby required to cease using any other water system and at his expense to connect such building directly with the city water in accordance with the provisions of this chapter, within sixty (60) calendar days after the date of official notice from the city to do so; provided, however, that said city water is within three hundred (300) feet of any property line where said building to be served is located.
B.
Disconnection of private system required. At such time as the municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to municipal service as required, it is mandatory that the private water supply is not connected or cross connected in any way to the water lines served by the city water system. The disconnection of the private water supply line shall be inspected and approved by the Waterworks Superintendent or his designated representative.
(Ord. 04-1106, 10-5-2004)
A.
Application required. Whenever any person desires to obtain a supply of water from the city waterworks, he shall apply to the Public Works Department for service and agree to be governed by such rules and regulations not inconsistent with this chapter, as may be prescribed by the Mayor and City Council for the control of the water supply.
B.
Contents of application; grant of application.
1.
New construction. The applicant must state the location, type of building, and uses therein, and fully and truly state the purpose for which the water is to be used, and shall furnish a set of floor plans showing all water uses and a site plan if the water is to be used for irrigation. If the application is granted, the Public Works Department may authorize the extension, at the expense of the applicant, and at no expense to the city, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any other fittings that are necessary to install service to the inside line of the curb at the point most convenient for supplying the applicant.
2.
Existing water service. In the case of an existing water service connection, if the real property or improvement is sold or otherwise transferred, the person entitled to possession shall make application to the Municipal Billing Department to transfer the account, and shall supply the Department with all information requested by the Department.
3.
Third party billing. After establishing an account for water service, a property owner may direct that a third-party, such as a property management company, or a tenant, receive the billing for water, sewer, and solid waste collection services. The third-party to whom the billings are sent shall also execute such documentation as is necessary to confirm the billing information. In the event such an account becomes delinquent, the municipal billing department shall send a delinquency notice to the billing recipient, and the owner, at the addresses contained in the agreements. The city will charge a third-party billing account setup fee which must be paid at the time of the application. The fee will be set by resolution of the City Council. The third-party billing agreement shall also provide that the property owner remains primarily responsible for charges assessed to the account, and further, that all unpaid charges constitute a lien against the real property. An owner may appoint an agent, to act for the owner, to establish an account, receive billings, or do anything else an owner may do, or be required to do, pursuant to this Code.
C.
Street paving. In cases where street paving is contemplated, the abutting property owners must either connect their premises with the water mains before the trench is backfilled or pay the cost of service from the main to curb if made thereafter.
(Ord. 04-1106, 10-5-2004)
A.
User responsibility. All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own water service line(s) extending from the property improvement to a point of connection to the water meter yoke. This point of connection may be inside or outside of the meter tile depending on the length of the meter yoke tail. The city's responsibility for maintenance of the individual user service line(s) extends from the point of connection at the water main to the point of connection of the yoke to the property improvement service line.
B.
Damage to water system. Responsibility for damage to the city water system is as outlined in subsection 9-1-34B of this chapter.
C.
Nonconflicting provisions. This section shall not be construed to be in conflict with section 9-1-33 of this chapter.
(Ord. 04-1106, 10-5-2004)
All materials and workmanship in the installation of private water service lines and connections to the city water service line shall conform to the following regulations:
A.
Permit required. No person other than one authorized by the city shall uncover, make any connections with or opening into, use, alter, or disturb any municipal water main, city water service line or appurtenance thereof without first obtaining a written permit from the city. The permit is not to be used until all water installation charges and fees have been paid in full.
B.
Application for permit; fees. To obtain municipal water service, the owner or his agent shall make application on a special 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 and requested by the city. A permit and inspection fee as established by resolution of the City Council shall be paid to the city at the time the application is filed. The owner or his agent shall pay assessment fees to the city at the time the application is filed. The amount of the assessment fees will vary depending on the equivalent residential unit (ERU) rating, or other rating established by the City Engineer for the user in question. The assessment fees shall be as established by resolution of the City Council.
C.
Service line installation. The owner may request permission from the city to install the water service line, including tap to the city water main, city stop valve, service line, valve, meter vault and cover under private contract. Such installation shall be in conformance with the plumbing code as adopted by the city. When installation of a water service line and appurtenances causes damage to any property, public or private, other than the owner's property, the owner shall be responsible for all repair costs including, but not limited to, repair to streets, sidewalks, curbs, gutters, sewer lines, irrigation facilities, storm drains, lawns, fences, gas lines, other water mains, telephone lines and electrical lines.
D.
Old private service lines. Old private water service lines may be used in connection with new buildings only when they are found, on examination and being tested as required by the city, to meet all requirements of this chapter.
E.
Conformance with building and plumbing codes; inspection.
1.
The materials of construction of the private water service line 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 codes as have been or may be adopted by the city.
2.
The private water service connection to the city water service line shall conform to the requirements of the building and plumbing codes as adopted by the city.
3.
All connections to or extensions of the service line, as previously installed by the city, or under its authorization, shall be made in accordance with the requirements of the uniform plumbing code for such an installation. The connection of the service line shall be inspected by the city plumbing inspector before the installation is backfilled and before the water is turned on for use at the premises.
F.
Service line size and location.
1.
The private water service line from the building to the connection with the city water service line shall not be smaller than a three-fourths (¾) inch inside diameter pipe and shall be laid in a trench of such depth so that the minimum cover over the pipe from the finished grade shall be three (3) feet.
2.
The alignment of the private water service line from the outlet of the building to the city water service line shall be reasonably straight and shall be located such that the distance between the water service line and the sewer service line shall be a minimum of ten (10) feet.
G.
Cross connection prohibited. No person shall make or permit the cross connection of any private water supply to a water line that is served by the municipal water system.
H.
Notify city for inspection. The applicant for the city water service line permit shall notify the city when the connection of the private water service line to the city water service line is ready for inspection.
I.
Excavations guarded; restoration. All excavations for all water service installations 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 or the entity having jurisdiction over the disturbed property.
J.
Private fire service connection. The installation of a private fire service connection shall comply in all respects to the requirements for a city water service line and the owner, or his agent, will be required to pay all costs for connection and extension of the facility from the municipal water main. The connection of a private fire service connection shall be made in accordance with international fire code.
K.
Connections made by plumber. The connection of the private water service line to the public water service line to the municipal water main shall be made by a plumber holding a valid state plumber's license.
L.
Meter, stop valve and stopcock.
1.
A separate and independent city water service meter and stop valve shall be provided for every authorized water user.
2.
To each service pipe there shall be attached at the inside line of the curb a stopcock and key box which shall be paid for by the water user and be under the exclusive control of the Superintendent of the waterworks.
(Ord. 04-1106, 10-5-2004)
Cross reference— See title 10, chapters 1 and 2 of this Code; see also chapter 3 of this title.
The city may reject any materials or workmanship for cause and upon such, the rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances such as excavations, backfilling and other work items.
(Ord. 04-1106, 10-5-2004)
A.
Owner responsibility; costs. All backfilling and surface repair required by a water service installation shall be the owner's responsibility.
B.
Work under private contract. When the owner has the water service installation done under private contract, the costs for surface repair shall be the owner's responsibility and shall not be included in any fee, charge or rate imposed by the city.
C.
Conformance with special specifications; inspection and approval. All surface repair and backfilling shall conform to special specifications promulgated by the city for water line installation and shall be subject to inspection by and approval of the city, and Ada County Highway District.
(Ord. 04-1106, 10-5-2004)
A.
Free access to all places supplied with water, at all reasonable hours, shall be allowed the Public Works Director, Water Superintendent, Assistant Water Superintendent, City Engineer, or their designee to examine the apparatus, the amount used, and the manner of use of the same, and any water user violating any of the rules and regulations controlling the water supply shall be subject to penalty as provided for in section 9-1-36 of this chapter.
B.
The city through its authorized representative bearing proper credentials and identification shall be permitted, during proper and reasonable hours of the day, to enter all properties, premises or buildings to which water is furnished from the municipal water system for testing or for any other purpose necessary for the proper administration of the water system in accordance with the provisions of this chapter. Also, the city through its authorized representative bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, repair, and maintenance of any portion of the municipal water system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 04-1106, 10-5-2004)
A.
Permit required. No extensions of service pipes shall be made without first obtaining a permit therefor from the public works department, and each building shall have separate service pipes.
B.
Compliance with city policies; responsibility for costs. All proposed extensions of the municipal water system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with existing water system extension policies and with the overall master plan for the city's municipal water supply system. Costs for all extensions to any property shall be the responsibility of that property owner or his agent. Cost for water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. When it is necessary to install oversized mains as part of an extension, the cost of all oversized lines may be the responsibility of the owner or his agent. Such water line extensions, public or private, shall be extended to the farthest boundary of the development project or property to be served by the extension.
C.
Fire hydrants and service lines. It shall also be the property owner's or his agent's responsibility to install all necessary fire hydrants and city water service lines for all extensions of the municipal water system at no expense to the city. Unless a special permit is granted by the city, all municipal water system extensions, including the city water service lines, to newly developing areas shall be installed prior to the construction of any new streets.
D.
Approval of plans. All design and construction of any extensions to the municipal water system shall comply with the official specifications as adopted by the city for the water distribution system. The plans for all extensions to the municipal water system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code and said plans shall be filed with the city. In approving a plan for extension to the municipal water system, the city reserves the right to stipulate other requirements such as a special permit fee, rights-of-way limits, sequence of construction, time limits for having existing service disrupted, the provision of surety guaranteeing completion and other similar measures as may be required to protect the public. No work shall commence on any such extension of the municipal water system until the extension project has been approved by the city and the State of Idaho Department of Environmental Quality.
E.
Certification by Engineer. After the construction of the municipal water system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer verify to the city that the said system extensions were installed in accordance with the approved plans and specifications on file in the office of the City Engineer. Following certification by the registered professional engineer and acceptance by the city, the entire extension of the municipal water system, including the city water service lines, shall become the property of the city and it shall be the city's responsibility to maintain and operate the system thereafter.
F.
Work done by contractor. The installation of all public water systems shall be performed and completed by a contractor possessing a valid State of Idaho Public Works License with the proper endorsement for the work.
(Ord. 04-1106, 10-5-2004)
A.
Assessment fees. Notwithstanding any of the provisions of this chapter, any person or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a water line, whether that construction has been performed by the city, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the city water system, shall be required to pay, in addition to the monthly user charges of section 9-1-19 of this chapter, an additional connection charge which shall be known and referred to as the "water assessment fee". The water assessment fee shall be computed on an "equivalent residential unit", or "ERU", basis.
B.
Fee set by City Council. The water assessment fee for each parcel of ground connected to a water main shall be established and set by the City Council. The water assessment fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations referenced above but shall be as consistent as possible under similar factual circumstances. The water assessment fee shall be assessed in terms of single-family equivalent connections.
C.
Meter fee. The city shall establish and charge a meter fee from all users initiating new water service or changing water meter size to cover the costs of the city providing, installing and maintaining a water meter into the meter box provided by the water user.
D.
Adaptor fee. The city shall establish and charge a fee for providing the fittings necessary to install a size of meter not equivalent to the size of the meter setter (i.e., "yoke") previously installed by the developer, owner or user. A different sized meter will be installed only at the request of the user.
E.
Other fees. The city shall establish and charge a fee to any user's water account for repair of damages to the water meter and its appurtenances including, but not limited to, the lid, padlocks, valves, and transmitters.
(Ord. 04-1106, 10-5-2004)
Editor's note— Sec. 9-1-13, cooperative or reimbursement agreements, was repealed on May 5, 2009, by Ord. 09-1404.
A.
System established. There is hereby established a system of periodic service charges and fees for the authorized use of, and for service rendered by the municipal water system of the city, and which charges and fees shall be as near as possible, uniform as to the different users served by said municipal water system. The rates, charges and fees provided by this chapter are hereby levied and assessed against the authorized water user or owner, and his property, having any water service connection with the municipal water system of the city.
B.
Property subject to charges. It is specifically enacted that all improved property in the city to which the municipal water system is available, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this chapter to cover the cost of standby fire protection facilities and other benefits.
(Ord. 04-1106, 10-5-2004)
Each user and parcel being subject to water user charges as provided for hereinabove shall be appraised and assessed for the purpose of establishing the equivalent connection rating and the monthly service charge or fee, to be charged or assessed to and against the property. In making such appraisement and assessment, there shall be taken into consideration the estimated volume of water to be used, the uniformity of the use of the water, the standby benefits of the water system for fire protection and for other factors so as to as nearly as possible fix the rate, charge or fee upon the same relative basis as is imposed upon other like property within the city that has the municipal water service available.
(Ord. 04-1106, 10-5-2004)
The city shall not grant a request to provide city water service to a property which is outside of the corporate city limits unless the requestor demonstrates a compelling health or safety reason to do so, in which case, the following process shall apply:
A.
The owner of such property shall submit to the Public Works Department a written request to connect to the city water system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances justifying the requested service.
B.
The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council.
C.
City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of city water service outside the city limits, in which the owner shall agree.
1.
To comply with the city's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its water system;
2.
To pay all hookup, assessment, and service fees as apply to the connection to and use of the city water system;
3.
To annexation into the city of the parcel(s) connected to the city water system, either immediately or when contiguous to city limits;
4.
There shall be no change of use or intensification of use of the property prior to annexation; and
5.
Other reasonable conditions of granting the request to connect to the city water system.
(Ord. 16-1707, 9-20-2016; Ord. 19-1842, 8-20-2019; Ord. No. 22-1989, § 1, 8-9-2022)
The Board of Adjustment, as established in title 2, chapter 8 of this Code, shall be delegated the duty of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, nonpayment and shutoff of water service (pretermination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by this title regarding water and sewer use and service. The Board of Adjustment shall conduct hearings according to the procedures set forth in title 2, chapter 8 of this Code.
(Ord. 10-1469, 12-21-2010, eff. 12-27-2010)
The monthly water user charge is established to cover operation and maintenance costs of the system, and to provide a fund to pay for repairs and replacements of the system, increase efficiencies, meet State of Idaho or federal requirements, or redemption of bonds that have been used to finance system improvements, all as a part of the city's responsibility to provide adequate domestic water service and facilities for the city. The monthly water user charge as described herein, or as amended, shall be effective immediately upon acceptance and passage of this chapter, or an amending ordinance, and monthly user charge billing under the rates described herein shall begin at the end of the first calendar month following acceptance of this chapter. For new connections, the water user charge is to begin when the connection to the city service line has been inspected and approved or within sixty (60) days after the city service line has been installed, whichever is the earliest.
(Ord. 04-1106, 10-5-2004)
A.
User fees.
1.
All owners who receive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the City Council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system.
2.
Monthly fixed cost fees and user fees shall be established by resolution of the City Council.
3.
Each owner will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the fees as established by resolution of the City Council. Should an owner request a city water service line to be disconnected, for any reason, there shall be no fee paid to the city. However, the owner must request the city to place the line back in service. There will be a charge as established by resolution of the City Council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the city.
B.
Fees for water use.
1.
The fees for water use shall be as established by resolution of the City Council.
2.
In case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation fees shall be as follows.
a.
For all meters installed, the fee shall be set by resolution of the City Council. All installed meters shall be property of the city.
b.
Meter adapter and radio read transmitter units fees as established by resolution of the City Council.
C.
Private fire service.
1.
Available only on flat rate when used for fire protection only; owner to install all lines to the city mains at their expense. All connections to be supervised by the city and to conform to city requirements and the uniform plumbing code. The flat rate fees shall be as established by resolution of the City Council.
2.
All private fire service lines shall be equipped with sealed gate valve or thermal automatic openings.
3.
Private fire service lines shall be used for fire control only. Any other use is unlawful.
D.
Number of equivalent residential units per use. Assessment fees for new water users, other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 3 of this section, unless other acceptable means of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the City of Meridian.
TABLE 3: EQUIVALENT RESIDENTIAL UNITS
(Ord. 10-1469, 12-21-2010, eff. 12-27-2010; Ord. No. 22-2003, § 23, 11-1-2022)
All water charges shall be due and payable to the municipal billing department fifteen (15) days after the date of the billing statement. Upon failure to pay the same, within the time allowed, the water user shall pay, in addition to the amount due, a late payment penalty as set by resolution of the City Council.
(Ord. 04-1106, 10-5-2004)
A.
Termination of service; notice. Each month the Municipal Utility Billing Department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests a pretermination hearing before the Board of Adjustment. Should the water user not request a pretermination hearing, or if an adverse decision is rendered against the owner after a pretermination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a turn on charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one (1) month. All corrections as to the charge and all abatements shall be made under the direction of the Board of Adjustment and shall be certified by the Chief Financial Officer/City Treasurer.
B.
Right to hearing.
1.
The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to a pretermination hearing before the Board of Adjustment in accordance with title 2, chapter 8 of this Code. If a pretermination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing before the Board of Adjustment.
2.
Provided, however, the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be a lien against the property as provided below. The city may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the Board of Adjustment on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pretermination hearings before the Board of Adjustment.
C.
Lien imposed. Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the City Clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this section shall be paid over to the Chief Financial Officer/City Treasurer in the same manner as is required for the payment of other city monies.
D.
Security deposit. Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the city may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the City Council.
(Ord. 10-1469, 12-21-2010, eff. 12-27-2010; Ord. 16-1680, 4-5-2016)
If any person, after the water has been turned off from the premises on account of nonpayment of fees, or for failure to pay other charges assessed to the owner, or for other violation of the rules and regulations pertaining to the water supply, shall turn on or permit to be turned on, or use or permit the water to be used without authority, he shall be subject to the penalties provided for in section 9-1-36 of this chapter.
(Ord. 04-1106, 10-5-2004)
Editor's note— Sec. 24 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 9-1-23, which pertained to authority to amend regulations, and derived from Ord. No. 04-1106, adopted October 5, 2004.
All fees and charges received and collected under the authority of this chapter shall be deposited and credited to a fund to be designated as the water fund within the utility enterprise fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the domestic water system and any payments into a sinking fund established for the purpose of paying principal of and interest on the water indebtedness of the city which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the water fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the domestic water system of the city, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the city which shall from time to time be outstanding.
(Ord. 04-1106, 10-5-2004)
Where the municipal water system is not available under the provisions of this chapter, a private water system may be installed; provided, that the system complies with all the provisions of this chapter.
A.
Permit required; fee. Before commencement of construction of a private water system, the owner shall first obtain written permit from the city. The application for said permit shall be made on a form furnished by the city, which the applicant shall supplement by plans, specifications and other information as may be deemed necessary by the city. Review and inspection fees shall be established by resolution of the City Council.
B.
Inspection of system. A permit for a private water system shall not permit the use of the system until the installation is completed to the satisfaction of the city. The city shall be allowed to inspect the work at any stage of construction and the applicant for the permit shall notify the city when the work is ready for various inspections and before any underground works are covered. The applicant shall be responsible for payment of all applicable inspection fees prior to issuance of a building permit.
C.
Compliance with state regulations. The type, capacities, location and layout of a private water system shall comply with all of the rules and regulations and recommendations of the State of Idaho Department of Environmental Quality.
D.
Mandatory connection with city water when available. The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is located a city water line is hereby required to cease using any other water system and at his expense to connect such building directly with the city water in accordance with the provisions of this chapter, within sixty (60) days after the date of official notice from the city to do so; provided, however, that the city water is within three hundred (300) feet of any property line where said building to be served is located. At such time as the municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to municipal service as required, it is mandatory that the private water supply is not connected or cross connected in any way to the water lines served by the municipal water system.
E.
Conduct of private system; health and safety. The owners shall operate and maintain the private water facility in a manner conducive to public health and safety at all times, and at no expense to the city.
F.
Provisions additional to state regulations. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the State of Idaho Department of Environmental Quality or Department of Health and Welfare.
(Ord. 04-1106, 10-5-2004)
The primary cost and responsibility for water line development shall be that of the owner, subdivider or developer. It shall be the owner's, subdivider's or the developer's responsibility to purchase and lay water lines from the present water supply to the proposed project and to the boundary of the project farthest from the original water supply line, including frontage roads.
(Ord. 04-1106, 10-5-2004)
The city shall, from time to time and as necessary, update the water system master plan in order to provide adequate water supply to the City of Meridian.
(Ord. 04-1106, 10-5-2004)
A.
System required; waiver.
1.
In addition to the requirements of this chapter pertaining to the domestic water system and its use, every residentially zoned lot, parcel or piece of land upon which a residential unit will be constructed, after the effective date hereof, shall construct, install, or connect to a pressurized irrigation system. In the case of residential subdivision developments, a pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but not in the same trenches. There shall be no cross connections between the domestic water lines and the irrigation water lines that do not comply with Chapter 3 of this Title.
2.
Provided, however, the requirements of this section may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district.
B.
Standards. The City Engineer is hereby authorized and directed to establish standards for pressurized irrigation systems and all pressurized irrigation systems shall comply with those standards. However, those pressurized irrigation systems under the ownership and operation and maintenance responsibility of an irrigation district shall comply with the standards of that irrigation district.
C.
Joint use connection of irrigation and city systems.
1.
Restrictions. No subdivision, or building, lot, or parcel of land located within that subdivision, which subdivision, building, lot, or parcel of land, has a common landscape sprinkler irrigation system being supplied landscape irrigation water from a source other than the city's domestic water system, shall be allowed to also connect its landscape sprinkler irrigation system to the city's domestic water system as a secondary source for "shoulder season" use. Provided however, all buildings, lots, or parcels of land, within the subdivision connected to the common landscape sprinkler irrigation system may be allowed one (1) joint use point of connection to the city's domestic water system which connection shall have an approved backflow prevention device. This joint use connection shall only be to provide irrigation water during the time when the common landscape irrigation system has no supply of water. However, a joint use connection shall not be allowed if the subdivision, building, lot or parcel is supplied irrigation water from a ground water well. The off-on control valve of this joint use connection shall be under the control of the Water Superintendent.
2.
Fees. For water assessments on irrigable common areas included in a subdivision, the applicant must pay the portion of the water assessment fee designated for city water supply and storage.
(Ord. 04-1106, 10-5-2004)
Note— See also section 11-3A-15 of this Code.
The city shall not be held liable for damage to any person or property by reason of stoppage or other interruption of the water supply, caused by scarcity of water, lack of pressure, accident to works or mains, alterations, additions, or repairs or from other unavoidable causes.
(Ord. 04-1106, 10-5-2004)
A.
Lawn and garden sprinkling.
1.
Sprinkling to cease during fire. The city may curtail nondomestic use of water during a state of emergency, as determined by the Public Works Director. No fountain attachment shall be of greater than three-fourths (¾) inch in diameter unless otherwise approved by the City Engineer, and there shall be a stopcock to each fountain attachment and the same shall be under the control of the Superintendent of Waterworks. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to penalty as provided in section 9-1-36 of this chapter.
2.
Sprinkling hose size. In any time of scarcity of water, whenever it shall, in the judgment of the Mayor and Council, be necessary and they shall so direct, the mayor shall, by proclamation, limit the use of water for other than domestic purposes; and in his/her discretion provide that lawn sprinklers and hydrants shall be used only on alternate days in certain designated localities and any person violating the provisions of this section or of any proclamation made by the Mayor of the city shall, upon conviction thereof, be subject to penalty as provided in section 9-1-36 of this chapter.
B.
Water use restricted. Watering troughs for animals shall not be allowed a constant flow of water but shall be allowed to use such quantity as shall supply the actual needs of the stock having access thereto, nor shall continuous streams of water be permitted to flow from hydrants, faucets, or stops over wash basins, water closets, or urinals.
(Ord. 04-1106, 10-5-2004)
No utility poles, or other posts shall be located within four (4) feet of any water service pipe, nor within six (6) feet of any main pipe.
(Ord. 04-1106, 10-5-2004)
A.
Authority to operate. It shall be unlawful for any person, except one duly authorized by the city, to open, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary valve belonging to the city.
B.
Damaging hydrants. It shall be unlawful for any person to injure any fire hydrant by any means, including, but not limited to, willfully or carelessly running any vehicle against a fire hydrant, or drawing or attempting to draw water therefrom.
C.
Penalty. A violation of this section shall be a misdemeanor, and shall, upon conviction thereof, be punishable by a fine and/or imprisonment, as well as any other available civil, administrative, and/or criminal remedies and penalties, including restitution for all damages done to said hydrant.
(Ord. 08-1377, 8-26-2008)
All water users shall keep their pipes, connections and other apparatus in good repair and protected from frost at their own expense. All water users shall provide and maintain a four-foot by four-foot clear access, centered on the water meter lid, to the water meter serving their lot. However, no person, except under the direction of the Superintendent of Waterworks, shall be allowed to dig into the street or sidewalk for the purpose of laying, removing or repairing any service pipe.
(Ord. 04-1106, 10-5-2004)
A.
Waste prohibited. It shall be unlawful for any water user to waste water or allow it to be wasted by imperfect water stops, valves or leaky pipes that are not under the jurisdiction of the city, or to permit the malicious or willful consumption of water, having no beneficial use. The city, based on meter readings, will make a determination of where water has been wasted and shall notify the user of that determination. It shall then be the user's responsibility to make the necessary repairs, or to institute actions that will correct the situation within ten (10) days of the city's notification to the user. All costs incurred, including the cost of wasted water and any repairs, shall be the responsibility of the user and if it is necessary that the city correct the situation or make repairs, the cost and charges therefor may be assessed and added to the owner's water bill.
B.
Damage or injury to system. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, pipeline, fire hydrant, fitting connection appurtenance or equipment which is a part of the municipal water system.
(Ord. 04-1106, 10-5-2004)
If any owner shall permit any person from any other premises, or any unauthorized user to use or obtain water from his premises or water fixtures, whether inside or outside of his buildings, the water supply of such owner may be cut off; and such unauthorized person shall, for taking said water, be liable to a fine, plus costs. Any user or owner suspected of having violated the provisions of this chapter, other than nonpayment of user fees, assessments, or charges for repairs, shall be notified of the violation and be notified that if the violation is not corrected within ten (10) days, the Water Superintendent shall shut off his water; provided, however, in the event of an emergency, the Water Superintendent may shut off the water without notification.
(Ord. 04-1106, 10-5-2004)
A.
Notice of violation; responsibility for remedy. Any person found to be violating any provisions of this chapter, other than for nonpayment of a water bill, shall be served by the city with a written notice stating the nature of the violation and providing ten (10) days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the city has to make the correction or repair.
B.
Penalty imposed; discontinue service. Any person who shall continue any violation beyond the time limit provided for in this section, shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1-2-1 of this Code, and shall have his water service terminated. Each day in which such violation shall continue shall be deemed a separate offense.
C.
Liability to city for loss or damage. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation and, for other than nonpayment of water bill violations, may have their water supply terminated after the above ten (10) day notice period has expired.
D.
Cumulative penalties. These penalties shall not be construed to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for in this code or the criminal code of the State of Idaho. As an example, a person stealing water could be criminally charged with theft or a person injuring the water system could be criminally charged with malicious injury to property. For all criminal violations relating or pertaining to the water system, the notice provisions provided for in this chapter shall not apply.
(Ord. 04-1106, 10-5-2004; Ord. 14-1620, 8-19-2014)
9-2-1-1.
Purpose and policy. This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the City of Meridian and enables the city to comply with all applicable state and federal laws, including the clean water act (33 United States Code section 1251 et seq.) and the general pretreatment regulations (40 CFR, part 403). The objectives of this chapter are:
A.
To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;
B.
To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;
C.
To protect POTW personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public;
D.
To ensure that the quality of the wastewater treatment plant biosolids is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;
E.
To provide equitable fees for administrative cost recovery, permitting, inspection, compliance enforcement, damages and technical assistance resulting from the program described herein; and
F.
To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW.
This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits, authorizes monitoring, compliance, and enforcement activities; establishes administrative review processes, requires user reports and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
9-2-1-2.
Administration. Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other City of Meridian personnel.
9-2-1-3.
Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
ASPP. Accidental spill prevention plan.
BOD. Biochemical oxygen demand.
CFR. Code of Federal Regulations.
COD. Chemical oxygen demand.
EPA. U.S. Environmental Protection Agency.
gpd. Gallons per day.
IDP. Indirect discharge permit.
l. Liter.
LEL. Lower explosive limit.
mg. Milligrams.
mg/l. Milligrams per liter.
MIU. Minor industrial user.
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 classification.
SIU. Significant industrial user.
SWDA. Solid Waste Disposal Act (42 USC 6901 et seq.).
TSS. Total suspended solids.
USC. United States Code.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-1-4.
Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
Act or the act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Applicable pretreatment standards. For any specified pollutant, City of Meridian prohibitive standards, City of Meridian specific pretreatment standards (local limits), or EPA's categorical pretreatment standards (when effective), whichever standard is appropriate or most stringent.
Approval authority. The regional administrator of the EPA, region 10, Seattle, Washington.
Authorized representative of the user.
A.
If the user is a corporation.
1.
The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
2.
The manager of one (1) or more manufacturing, production, or operation facilities, provided, the managers if authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure.
B.
If the user is a partnership or sole proprietorship. a general partner or proprietor, respectively.
C.
If the user is a federal, state, or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
D.
The individuals described in subsections A through C of this definition, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Superintendent or designee.
Best management practices or BMPs. Schedules of activities, prohibitions of practices to implement the prohibitions listed in 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), usually expressed as a concentration (milligrams per liter [mg/l]).
Board of Adjustment. The board constituted pursuant to section 9-1-17 of this title and as established in title 2, chapter 8 of this Code.
Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the act (33 USC section 1317) which applies to a specific category of users and which appears in 40 CFR chapter I, subchapter N, parts 405 - 471.
Categorical user. A user regulated by one (1) of EPA's categorical pretreatment standards.
City. The City of Meridian, Ada County, Idaho.
Collection system. Any devices, pipes, conduits, ditches, sewers or other systems used to collect or convey sewage.
Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero (0.0) optical density.
Compensation point. To make up for, counterbalance.
Composite sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based upon an increment of either flow or time.
Control authority.
A.
The POTW if the POTW's pretreatment program submission has been approved in accordance with the requirements of 403.11; or
B.
The approval authority if the submission has not been approved.
Cooling water/noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.
Domestic user (residential user). Any person who contributes, causes, or allows the contribution of wastewater into the City of Meridian POTW that is of a similar volume and/or chemical make up to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day.
Environmental Protection Agency (EPA). The U.S. environmental protection agency or, where appropriate, the Director of Region 10 Office of Water and Watersheds, other duly authorized official of said agency.
Existing source. A categorical industrial user, 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 and when the standard is thereafter promulgated in accordance with section 307 of the Act.
Existing user. Any noncategorical user which was discharging wastewater prior to the effective date hereof.
Grab sample. A sample which is taken from a waste stream on a onetime basis without regard to the flow in the waste stream and without consideration of time.
Indirect discharge or discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the POTW, its treatment processes or operations; b) inhibits or disrupts its biosolids processes, use or disposal; or c) is a cause of a violation of the City of Meridian's NPDES permit or of the prevention of biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA; the Clean Air Act; and the Toxic Substances Control Act; and the Marine Protection Research, and Sanctuaries Act.
Maximum allowable discharge limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Minor industrial user (MIU). A nondomestic user with an indirect discharge to the POTW which does not meet the criteria of a significant industrial user, but whose operation and discharge may warrant inspection to ensure compliance with discharge prohibitions, pretreatment facility operation, spill prevention measures, and pollution prevention assistance.
NPDES. National pollutant discharge elimination system permit program as administered by the U.S. EPA or state.
New source.
A.
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 of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
B.
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 subsection A2 or A3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
C.
Construction of a new source as defined under this definition has commenced if the owner or operator has.
1.
Begun, or caused to begin, as part of a continuous on-site construction program.
a.
Any placement, assembly, or installation of facilities or equipment; or
b.
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 subsection.
New user. A user that is not regulated under federal categorical pretreatment standards but that applies to the City of Meridian for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the City of Meridian collection system after the effective date hereof. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.
Other waste. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
Pass-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 the City of Meridian NPDES permit (including an increase in the magnitude or duration of a violation).
Permittee. A person or user issued a wastewater discharge permit.
Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor).
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).
Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards. Prohibited discharge standards, categorical pretreatment standards, and local limits established by the City of Meridian POTW.
Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances, which appear in subsections 9-2-2-1A and B of this chapter.
Publicly owned treatment works (POTW). A "treatment works", as defined by section 212 of the act (33 USC section 1292) which is owned by the City of Meridian. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).
Sewer. Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source.
Shall, may. "Shall" is mandatory, "may" is permissive.
Significant industrial user.
A.
A user subject to categorical pretreatment standards; or
B.
A user that.
1.
Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
2.
Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3.
Is designated as such by the City of Meridian on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
C.
Upon a finding that a user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City of Meridian may at any time, on their own initiative or in response to a petition received from a user (and in accordance with procedures in 40 CFR 403.8(f)(6)) determine that such user should not be considered a significant industrial user.
Slug load. Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in sections 9-2-2-2 through 9-2-2-4 of this chapter or any discharges of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
Standard Industrial Classification (SIC) Code. A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States Office of Management and Budget.
Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Superintendent. The person designated by the City of Meridian, to supervise the operation of the POTW, who is charged with certain duties and responsibilities by this chapter, or duly authorized representative.
Total suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and is removable by laboratory filtering.
Toxic pollutants. Pollutants or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under section 307 (33 USC 1317) of the Act.
Treatment plant effluent. The discharge from the POTW into waters of the United States.
Upset. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation thereof.
User or industrial user. A source of indirect discharge. The source shall not include "domestic user" as defined herein.
Wastewater. Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater discharge permit (industrial wastewater discharge permit, discharge permit). An authorization or equivalent control document issued by the City of Meridian to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.
Wastewater treatment plant or treatment plant. That portion of the POTW which is designated to provide treatment of municipal sewage and industrial wastewater.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008; Ord. 10-1469, 12-21-2010, eff. 12-27-2010)
9-2-2-1.
Prohibited discharge standards.
A.
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
B.
Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
1.
Fire or explosive hazard pollutants. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (60°C) using the test methods specified in 40 CFR 261.21.
2.
Wastewater causing corrosion. Wastewater having a pH less than 6.0 or greater than 9.0 or otherwise causing corrosive damage to the POTW or equipment.
3.
Substances that obstruct flow. Solid or viscous substances in amounts which cause obstruction of the flow in the POTW resulting in interference (but in no case solids greater than one-half inch (½) inch or 1.27 centimeters in any dimension).
4.
Interfering pollutants. Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.
5.
Excessive temperature. Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104°F) (40°C) unless the approval authority, upon the request of the POTW, approves alternate temperature limits.
6.
Oils. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.
7.
Toxic gases, vapors or fumes. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
8.
Trucked or hauled pollutants. Trucked or hauled pollutants, except at discharge points designated by the Superintendent or designee.
9.
Noxious or malodorous wastes. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewer or collection system for maintenance or repair.
10.
Dyed or discolored wastewater. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the city's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten (10) percent from the seasonably established norm for aquatic life.
11.
Radioactive wastes. Wastewater containing any radioactive wastes or isotope except as specifically approved by the Superintendent or designee in compliance with applicable state or federal regulations.
12.
Nonwastewater discharges. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted water, unless specifically permitted by the Superintendent or designee.
13.
Pretreatment residue. Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes.
14.
Medical wastes. Medical wastes, except as specifically authorized by the Superintendent or designee.
15.
Toxic wastes. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
16.
Detergents. Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW.
17.
Explosion hazards. Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) consecutive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter.
18.
Miscellaneous wastes. Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
19.
Other substances that violate disposal system permits. Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits.
20.
Any wastewater causing harm. Any wastewater, which in the opinion of the Superintendent or designee can cause harm either to 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, unless allowed under special agreement by the Superintendent or designee (except that no special waiver shall be given from categorical pretreatment standards).
21.
Sewage tank or vessel. The contents of any tank or vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank waste, or other wastewater unless said person has first obtained testing and approval as may be generally required by the City of Meridian and paid all fees assessed for the privilege of said discharge.
22.
Hazardous wastes. Any hazardous waste as defined in rules published by the State of Idaho or in 40 CFR part 261.
23.
Pesticides. Persistent pesticides and/or pesticides regulated by the federal insecticide fungicide rodenticide act (FIFRA).
24.
Sewage sludge. Sewage sludge, except in accordance with the city's NPDES permit, providing that it specifically allows the discharge to surface waters of sewage sludge pollutants.
25.
Process and storage. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
26.
Limitation discharge point. No person shall discharge any substance directly into a manhole or other opening into the POTW without a current permit issued by the Superintendent or designee.
27.
Water generated from cleanups. Groundwater/wastewater generated from the cleanup of spills, leaking underground storage tanks, monitoring wells or other similar sources shall not be discharged to the sewer or collection system without a temporary discharge permit issued by the Superintendent or designee.
28.
Substances unsuitable for reclamation. Any substance which may cause the POTW's biosolid effluent or treatment processes to be unsuitable for reclamation and reuse.
29.
Prohibitions on unpolluted water. Unpolluted water, including, but not limited to, swimming pools, ponds, noncontact cooling water, process water or blowdown from cooling towers and evaporative coolers shall not be discharged through direct or indirect connection to the POTW unless authorized through a temporary discharge permit.
C.
Prevention practices. Best management practices or BMPs; schedules of activities, prohibitions of practices, maintenance procedures, treatment requirements as specified by the City of Meridian to meet acceptable discharge of influent wastewater to the collection system and POTW.
D.
Grease interceptor required. Each user for which a grease interceptor is required shall, in the discretion of the Superintendent or designee.
1.
Install and/or use a grease interceptor which shall serve only that user, or
2.
Enter into a written agreement or permit with the City of Meridian establishing comparable best management practices.
9-2-2-2.
Federal Categorical Pretreatment Standards. The national categorical pretreatment standards as amended and promulgated by EPA pursuant to the act and as found at 40 CFR chapter I, subchapter N, parts 405-471 are hereby incorporated and shall be enforceable under this chapter.
9-2-2-3.
State requirements. State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable ordinances.
9-2-2-4.
Local limits. The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing pollutants in excess of the following specified discharge limits:
Note:
1. Metal finishing subcategory of 40 CFR part 433.11(e) provides a definition for the term TTO as to mean the total toxic organics, which is the summation of all quantifiable values greater than 0.01 milligrams per liter for the listed toxic organics identified in 40 CFR part 433.11(e). See list of organic chemicals included in total toxic organics (TTO) regulated under electroplating and metal finishing categories maintained at the Meridian POTW.
The above limits apply at the point where the wastewater is discharged to the POTW (end of pipe). All concentrations for metallic substances are for "total" metal unless indicated otherwise. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.
The following pollutants are regulated to ensure compliance with the City of Meridian NPDES permit. Higher concentration levels of wastewater discharge for the following are subject to subsection 9-4-9C1 of this title.
Biochemical oxygen demand (BOD).
Chemical oxygen demand (COD).
Phosphorus.
Total suspended solids (TSS).
9-2-2-5.
City right of revision. The City of Meridian reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
9-2-2-6.
Special agreement. The City of Meridian reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, users may request a net/gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13.
9-2-2-7.
Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.
9-2-2-8.
Pretreatment facilities. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state, or the Superintendent, whichever is more stringent. Any facilities required to treat wastewater to a level acceptable to the City of Meridian shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City of Meridian for review and shall be acceptable to the City of Meridian before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City of Meridian under the provisions of this chapter.
9-2-2-9.
Deadline for compliance with applicable pretreatment requirements. Compliance by existing sources covered by categorical pretreatment standards shall be within three (3) years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The City of Meridian shall also establish a final compliance deadline for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for said user are more restrictive than the federal categorical pretreatment standards.
New source and new users are required to comply with applicable pretreatment standards within the shortest feasible time, not to exceed ninety (90) days from the beginning of discharge. New sources and new users shall install, have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.
Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline established in EPA's categorical pretreatment standards. Any other existing user or a categorical user that must comply with a more stringent local limit which is in noncompliance with any local limits shall be provided with a compliance schedule placed in an industrial wastewater permit to ensure compliance within the shortest time feasible.
9-2-2-10.
Additional pretreatment measures.
A.
Whenever deemed necessary, the Superintendent or designee may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only to specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and other such conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.
B.
Each user discharging into the POTW greater than ten thousand (10,000) gallons per day, shall install and maintain, on its property and its expense, a suitable storage and flow control facility to ensure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least twenty-five (25) percent of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent or designee. A wastewater discharge permit may be issued solely for flow equalization.
C.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent or designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, and sand, except that such interceptors shall not be required for residential users. All interceptor units shall be of type and capacity approved by the Superintendent or designee and shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense.
D.
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
E.
All new commercial car wash facilities shall install and maintain a water recycling system. The applicant shall provide plans and other information as deemed necessary by the City, to be reviewed and approved by the City Engineer or their designee.
9-2-2-11.
Accidental spill prevention control plans. The Superintendent or designee may require any user to develop and implement an accidental spill prevention plan (ASPP) or slug control plan. Where deemed necessary by the city, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An accidental spill prevention plan or slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The City of Meridian shall determine which user is required to develop a plan and require said plan to be submitted sixty (60) days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the City of Meridian. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
A.
Any user required to develop and implement an accidental spill prevention plan shall submit a plan which addresses, at a minimum, the following.
1.
Description of discharge practices, including nonroutine batch discharges;
2.
Description of stored chemicals;
3.
Procedures for immediately notifying the POTW of any accidental or slug discharge;
4.
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response.
B.
The user shall immediately telephone and notify the wastewater treatment plant of the incident regulated by this chapter. The notification shall include the location of the discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.
C.
Within five (5) days following an accidental discharge, the user shall submit to the Superintendent or designee, a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
D.
Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees, who may cause or discover such a discharge, with respect to emergency notification procedures.
9-2-2-12.
Septic tank wastes.
A.
Septic tank waste may be introduced into the POTW only at a designated receiving structure at such times as designated by the Superintendent or designee. Wastewater discharge permits are required; waste will not be accepted without an approved permit application by the hauler company.
B.
The designated process requires the hauler to sign a disposal information sheet. This sheet requires name of hauler, address, driver, and truck identification, sources of waste, volume and characteristics of the waste or additional information as determined by the Superintendent or designee.
C.
Fees for dumping hauled waste will be established as part of the user fee system as authorized in section 9-2-14-1 of this chapter.
D.
Recreational vehicles (RV) waste tank effluent is allowed to be disposed of by the general public at the POTW in the designated RV dump site. No permit is required at this time. Commercial haulers are not allowed to discharge at this site location.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008; Ord. No. 12-1526, 9-4-2012; Ord. No. 22-1990, § 1, 9-6-2022)
Cross reference— See also subsection 9-4-9B of this title.
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent or designee. Any violation of the terms and conditions of the discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set forth in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligations to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
The Superintendent or designee may require other users, including liquid waste haulers, to obtain wastewater discharge permits to carry out the purposes of this chapter.
9-2-3-1.
Wastewater discharge permitting; existing SIU. Any SIU that was discharging wastewater into the POTW prior to the effective date hereof and that wishes to continue such discharges in the future, shall, within sixty (60) days after notification by the Superintendent or designee submit a permit application to the City of Meridian in accordance with section 9-2-3-3 of this chapter and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date hereof except in accordance with a wastewater discharge permit issued by the Superintendent or designee.
9-2-3-2.
Wastewater discharge permitting; new source and new user. At least ninety (90) days prior to the anticipated startup, any new source, which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the City of Meridian to fit the definition of SIU shall apply for a wastewater discharge permit and will be required to submit to the city at least the information listed in subsections 9-2-3-3A through E of this chapter. A new source or new user cannot discharge without first receiving a wastewater discharge permit from the City of Meridian. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in subsections 9-2-3-3D and E of this chapter.
9-2-3-3.
Permit application contents. All users required to obtain a wastewater discharge permit must submit, at a minimum, the following information. The Superintendent or designee shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b):
A.
Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners.
B.
Permits. The user shall submit a list of all environmental control permits held by or for the facility.
C.
Description of operations. The user shall submit a city DDF (data disclosure form) that describes the operational processes.
D.
Flow measurement.
1.
Categorical user. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following.
a.
Regulated or manufacturing process streams; and
b.
Other streams as necessary to allow use of the combined waste stream formula (40 CFR 403.6(e)).
2.
Noncategorical user. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
a.
Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the Superintendent or designee.
The City of Meridian may allow for verifiable estimates of these flows where consideration is justified by cost or feasibility.
E.
Measurements of pollutants.
1.
Categorical user.
a.
The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.
b.
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the categorical pretreatment standard or as required by the city) of regulated pollutants (including standards contained in subsections 9-2-2-1 through 9-2-2-4 of this chapter, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 9-2-5 of this chapter.
c.
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph E.
d.
Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user, this adjusted limit along with supporting data shall be submitted as part of the application.
2.
Noncategorical user.
a.
The user shall identify the applicable pretreatment standards for its wastewater discharge.
b.
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration in the discharge (or mass where required by the City of Meridian) of regulated pollutants contained in subsections 9-2-2-1 through 9-2-2-4 of this chapter, as appropriate. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 9-2-5 of this chapter.
c.
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection E.
d.
Where the Superintendent or designee developed alternate concentration or mass limits because of dilution, this adjusted limit along with supporting data shall be submitted as part of the application.
F.
Certification. The user shall submit a statement, worded as specified in section 9-2-3-4 of this chapter, which has been reviewed by an authorized representative of the user, and certified by a qualified professional, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.
G.
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the user shall submit the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The user's schedule shall conform with the requirements of section 9-2-4-3 of this chapter. The completion date in this schedule shall not be later than the completion date established pursuant to section 9-2-2-9 of this chapter.
1.
Where the user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this subsection, the information required by subsection F of this subsection and this subsection G shall pertain to the modified limits.
2.
If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by paragraph F of this subsection and this paragraph G, then a report containing modified information shall be submitted by the user within sixty (60) days after the new limit is approved.
H.
Other information. The user shall submit any other information as may be determined necessary by the Superintendent or designee to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
9-2-3-4.
Signatory and certification requirement. All wastewater discharge permit applications and user reports must be signed by a responsible officer or manager, sole proprietor or general partner as applicable or duly authorized representative.
A.
For the purpose of this section, a "responsible officer or manager" means.
1.
A president, vice president, secretary, or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or
2.
The manager of one (1) or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. This authorization must be made in writing by the principal executive officer or ranking elected official and submitted to the approval authority prior to or together with the report being submitted of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B.
A duly authorized representative is an individual designated by the responsible officer, manager, sole proprietor or general partner in writing. The written authorization must be submitted to the City of Meridian and also specifies either an individual or position having the responsibility of the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or Well Field Superintendent, or a position of equal responsibility, or having overall responsibility for environmental matters for the company. If an authorization in this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the City of Meridian prior to or together with any reports to be signed by an authorized representative.
9-2-3-5.
Decisions. The Superintendent or designee will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent or designee will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished. The Superintendent or designee may deny any application for a wastewater discharge permit.
9-2-3-6.
Contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent or designee to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and disposal, and protect against damage to the POTW.
A.
Wastewater discharge permits must contain the following conditions:
1.
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
2.
A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the City of Meridian and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3.
Applicable pretreatment standards and requirements, including any special state requirements;
4.
Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
5.
Requirements for immediate notification to the City of Meridian where self-monitoring results indicate noncompliance;
6.
Requirement to report a bypass or upset of a pretreatment facility;
7.
Requirement to report immediately to the City of Meridian all discharges, including slug loadings, that could cause problems to the POTW;
8.
Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the City of Meridian within thirty (30) days after becoming aware of the violation;
9.
A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;
10.
Requirements to control slug discharges, if determined by the POTW to be necessary.
B.
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
1.
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2.
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
3.
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent any or all unwanted discharges;
4.
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5.
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
6.
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
7.
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;
8.
Any special agreements the Superintendent or designee chooses to continue or develop between the City of Meridian and user;
9.
Other conditions as deemed appropriate by the Superintendent or designee to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
9-2-3-7.
Appeals. Any person, including the user, may request a hearing before the Board of Adjustment to appeal a decision by the Superintendent or designee relating to wastewater discharge permit applications within thirty (30) days of the denial or issuance of the permit and by complying in all respects with the procedures set forth in title 2, chapter 8 of this Code pertaining to the Board of Adjustment.
A.
Failure to submit a timely request for hearing before the Board of Adjustment shall be deemed to be a waiver of the right to appeal.
B.
In the request for hearing, the appealing party (hearant) must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D.
A limited right of appeal to the City Council shall be available to a hearant who receives an adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in section 2-8-7 of this Code.
E.
The decision of the City Council shall be final.
9-2-3-8.
Duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent or designee. Each wastewater discharge permit will indicate a specific date upon which it will expire.
9-2-3-9.
Modification. The Superintendent or designee may modify the wastewater discharge permit for good cause including, but not limited to, the following:
A.
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
B.
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
C.
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D.
Information indicating that the permitted discharge poses a threat to the City of Meridian POTW, city personnel, or the receiving waters;
E.
Violation of any terms or conditions of the wastewater discharge permit;
F.
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report;
G.
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the wastewater discharge permit;
I.
To reflect a transfer of the facility ownership or operation to a new owner or operator;
J.
To incorporate special conditions resulting from the issuance of a special order or an enforcement action by the City of Meridian.
9-2-3-10.
Transfer. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days' advance notice to the Superintendent or designee and the Superintendent or designee approves the wastewater discharge permit transfer.
The notice to the Superintendent or designee must include a written certification by the new owner or operator which.
A.
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
B.
Identifies the specific date on which the transfer is to occur; and
C.
Assumes full responsibility for complying with the existing wastewater discharge permit beginning on the date of the transfer.
Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer. Provided that the notice required above occurred and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and will be covered by the existing limits and requirements in the previous owner's permit.
9-2-3-11.
Revocation. Wastewater discharge permits may be revoked for, but not limited to, the following reasons:
A.
Failure to notify the Superintendent or designee of significant changes prior to the changed discharge;
B.
Failure to provide prior notification to the Superintendent or designee of changed conditions;
C.
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D.
Falsifying self-monitoring reports;
E.
Tampering with monitoring equipment;
F.
Refusing to allow the Superintendent or designee immediate access to the facility premises and records upon request;
G.
Failure to meet effluent limitations;
H.
Failure to pay fines or fees;
I.
Failure to pay sewer charges;
J.
Failure to meet compliance schedules;
K.
Failure to complete a wastewater survey or the wastewater discharge permit application;
L.
Failure to provide advance notice of the transfer of a permitted facility; or
M.
If the Superintendent or designee has to invoke its emergency provision as cited in subsection 9-2-9-7 of this chapter; or
N.
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership unless specified in subsection 9-2-3-10 of this chapter. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
9-2-3-12.
Reissuance. A user who is required to have a wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a completed wastewater discharge permit application, in accordance with this subsection 9-2-3, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit. A user whose existing discharge permit has expired and has submitted its reapplication in the time period specified herein shall be deemed to have an effective discharge permit until the Superintendent or designee issues or denies a new discharge permit. A user whose existing discharge permit has expired and who failed to submit a reapplication in the time period specified herein will be deemed to be discharging without a discharge permit in violation of this chapter.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008; Ord. 10-1469, 12-21-2010, eff. 12-27-2010)
9-2-4-1.
Compliance report.
A.
Within ninety (90) days following the date for final compliance of an existing significant industrial user with applicable pretreatment standards and requirements set forth in this chapter, in federal categorical standards, or in a wastewater discharge permit, or, in the case of a new source or a new user considered by the City of Meridian to fit the definition of SIU, within ninety (90) days following commencement of the introduction of wastewater into the POTW, the affected user shall submit to the City of Meridian an initial compliance report containing the information outlined in subsections 9-2-3-3.D through F of this chapter.
B.
For users subject to equivalent mass of concentration limits established by the City of Meridian in accordance with procedures established in 40 CFR 403.6(e), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
9-2-4-2.
Periodic compliance report.
A.
Any user that is required to have an industrial waste discharge permit and performs self-monitoring shall comply with all applicable requirements under CFR 403.12 and submit to the City of Meridian during the months of June and December, unless required on other dates or more frequently by the City of Meridian, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year.
B.
The report shall include a record of the concentrations (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a record of all flow measurements (average and maximum) taken at the designated sample locations and shall also include any additional information required by this chapter or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentrations (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than was required by the City of Meridian or by this chapter, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.
C.
Any user subject to equivalent mass or concentration limits established by the City of Meridian or by unit production limits specified in the applicable categorical standards shall report production data as outlined in paragraph B of this subsection.
D.
If the City of Meridian calculated limits to factor out dilution or nonregulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.
E.
Flows shall be reported on the basis of actual measurement, provided, however, that the City of Meridian may accept reports of average and maximum flows estimated by verifiable techniques if the City of Meridian determines that an actual measurement is not feasible.
F.
Discharges sampled shall be representative of the user's daily operations and samples shall be taken in accordance with the requirements specified in subsection 9-2-5 of this chapter.
G.
The City of Meridian may require reporting by users that are not required to have an industrial wastewater discharge permit, in accordance to 40 CFR 403.12(h), if information or data is needed to establish a sewer charge, determine the treatability of the effluent, or determine any other factor which is related to the operation and maintenance of the sewer system.
H.
The City of Meridian may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the City of Meridian agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the City of Meridian for the sampling and analysis. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The City of Meridian is under no obligation to perform periodic compliance monitoring for a user.
9-2-4-3.
Compliance schedules for meeting applicable pretreatment standards.
A.
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
B.
No increment referred to in paragraph A of this subsection shall exceed nine (9) months.
C.
Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the City of Meridian including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports.
9-2-4-4.
Notification of significant production changes. Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the City of Meridian within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit.
9-2-4-5.
Hazardous waste notification. Any user that is discharging more than fifteen (15) kilograms of hazardous waste as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a onetime notification in writing to the City of Meridian, to the EPA Region 10 Office of Air, Waste and Toxics Director, and to the State of Idaho Department of Environmental Quality Hazardous Waste Division. Any existing user exempt from this notification shall comply with the requirements contained within thirty (30) days of becoming aware of a discharge of fifteen (15) kilograms of hazardous wastes in a calendar month or any discharge of acutely hazardous wastes to the City of Meridian sewer system. Such notification shall include:
A.
The name of the hazardous waste as set forth in 40 CFR part 261;
B.
The EPA hazardous waste number; and
C.
The type of discharge (continuous, batch, or other).
D.
If an industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:
1.
An identification of the hazardous constituents contained in the wastes,
2.
An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month, and
3.
An estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve (12) months.
These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.
Whenever the EPA publishes the final rules identifying additional hazardous waste or new characteristics of hazardous waste, a user shall notify the City of Meridian of the discharge of such a substance within ninety (90) days of the effective date of such regulations.
In the case of any notification made under this section, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
9-2-4-6.
Notice of potential problems including accidental spills, slug loads. Any user shall notify the Superintendent or designee immediately of all discharges that could cause problems to the POTW, including any slug loads, as defined in subsection 9-2-1-4 of this chapter. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a slug load of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the City of Meridian under state or federal law.
9-2-4-7.
Noncompliance reporting. If sampling performed by a user indicates a violation, the user shall notify the Superintendent or designee within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling within five (5) days and submit the results of the repeat analysis to the POTW within thirty (30) days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis.
Resampling is not required if:
A.
The POTW performs sampling at the industrial user at a frequency of at least once per month, or
B.
The POTW performs sampling at the user between the time the initial sampling was conducted and the time when the user or POTW receives the results of this sampling.
9-2-4-8.
Notification of changed discharge. All users shall promptly notify the Superintendent or designee in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p).
9-2-4-9.
Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City of Meridian as the Superintendent or designee may require.
9-2-4-10.
Record keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the Superintendent or designee.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-5-1.
Sampling requirements for users.
A.
Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24) hour composite samples must be obtained through flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the control authority. The samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the sample may be composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the Superintendent or designee, as appropriate.
B.
For sampling required in support of baseline monitoring and ninety-day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Superintendent or designee may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and (h), the Superintendent or designee shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
C.
Samples shall be taken immediately downstream from pretreatment facilities if such exist, immediately downstream from the regulated or manufacturing process if no pretreatment exists, or at a location determined by the City of Meridian and specified in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastewater formula of 40 CFR 403.6(e) in order to evaluate compliance with the categorical pretreatment standards. For other SIUs, for which the City of Meridian has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).
D.
All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that the waste stream sampled is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than was required in its wastewater discharge permit, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.
9-2-5-2.
Analytical requirements. All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
9-2-5-3.
City monitoring of user's wastewater. The City of Meridian will follow the same procedures as outlined in subsections 9-2-5-1 and 9-2-5-2 of this chapter.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-6-1.
Inspection and sampling. The City of Meridian shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter and any wastewater discharge permit or order issued hereunder is being met and whether the user is complying with all requirements thereof. Users shall allow the Superintendent or designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
A.
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification the Superintendent, or designee, will be permitted to enter without delay for the purposes of performing specific responsibilities.
B.
The Superintendent or designee shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
C.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent or designee and shall not be replaced. The costs of clearing such access shall be borne by the user.
D.
Unreasonable delays in allowing the Superintendent or designee access to the user's premises shall be a violation of this chapter.
9-2-6-2.
Monitoring facilities. Each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City of Meridian. Each monitoring facility shall be situated on the user's premises, except, where such a location would be impractical or cause undue hardship on the user, the City of Meridian may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The Superintendent or designee, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line or a wastewater treatment system).
There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
The Superintendent or designee may require the user to install monitoring equipment as necessary. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.
9-2-6-3.
Search warrants. If the Superintendent or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the City of Meridian designed to verify compliance with this chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent or designee shall seek issuance of a search and/or seizure warrant from the court of proper jurisdiction located in Ada County, Idaho. Such warrant shall be served at reasonable hours by the Superintendent or designee in the company of a uniformed police officer of the City of Meridian.
9-2-6-4.
Vandalism. No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, City of Meridian inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent or designee, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
The City of Meridian shall publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one (1) or more of the following criteria:
A.
"Chronic violations of wastewater discharge limits", defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
B.
"Technical review criteria (TRC) violations", defined here as those in which thirty three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and one-half (½) for all other pollutants except pH);
C.
Any other discharge violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, longer term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with any discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
D.
Any discharge of pollutant that has caused imminent endangerment to the public or to the environment, or has caused the Superintendent or designee to exercise its emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F.
Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-9-1.
Notification of violation. When the Superintendent or designee finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may serve upon that user a written notice of violation (via certified letter). Within twenty (20) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent or designee. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Superintendent or designee to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
9-2-9-2.
Consent orders. The Superintendent or designee may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 9-2-9-4 and 9-2-9-5 of this chapter and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any action against the user.
9-2-9-3.
Show cause hearing. The Superintendent or designee may order via a certified letter a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent or designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
9-2-9-4.
Compliance orders. When the Superintendent or designee finds that a user has violated or continues to violate any provisions of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in that order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
9-2-9-5.
Cease and desist orders. When the Superintendent or designee finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent or designee may issue an order to the user directing it to cease and desist all such violations and directing the user to:
A.
Immediately comply with all requirements; and
B.
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
9-2-9-6.
Administrative fines.
A.
When the Superintendent or designee finds that a user has violated, or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may fine such user in an amount not to exceed one thousand dollars ($1,000.00) per violation. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other term average discharge limits, fines shall be assessed for each day during the period of violation.
B.
Unpaid charges, fines, and penalties shall after thirty (30) calendar days, be assessed an additional penalty of one (1) percent of the unpaid balance, and interest shall accrue thereafter at a rate of one (1) percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
C.
Users desiring to dispute such fines must file a written request for the Superintendent or designee to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Superintendent or designee shall convene a hearing on the matter within ten (10) days of receiving the request from the user. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City of Meridian may add costs of preparing administrative actions, such as notices and orders, to the fine.
D.
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
9-2-9-7.
Emergency suspension of service and revocation of permit. The Superintendent or designee may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent or designee may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment. The city shall have the authority to physically cap, block or seal the user's sewer line (whether on public or private property) in order to terminate service under this section. The city shall have the right to enter upon the user's property to accomplish the capping, blocking or sealing of the user's sewer line. The city may reinstate the wastewater treatment service upon clear and convincing proof by the user of the elimination of the noncomplying discharge or condition creating the threat as set forth above.
A.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent or designee shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize danger to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent or designee shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City of Meridian that the period of endangerment has passed, unless the termination proceedings in section 9-2-9-8 of this chapter are initiated against the user.
B.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent or designee prior to the date of any show cause or termination hearing in subsections 9-2-9-3 and 9-2-9-8 of this chapter.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
9-2-9-8.
Termination of discharge (nonemergency). In addition to the provisions contained in section 9-2-12 of this chapter, any user who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions;
B.
Failure to accurately report the wastewater constituents and characteristics of its discharge;
C.
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D.
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
E.
Violation of the pretreatment standards in section 9-2-2 of this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 9-2-3 of this chapter why the proposed action should not be taken. Exercise of this option by the City of Meridian shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-10-1.
Injunctive relief. When the Superintendent or designee finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may petition the Fourth Judicial District Court of Ada County, Idaho, through the City of Meridian's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Superintendent or designee may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
9-2-10-2.
Civil penalties.
A.
A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Meridian for a maximum civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
B.
The Superintendent or designee may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of Meridian.
C.
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
9-2-10-3.
Criminal prosecution. A user which has willfully or recklessly violated any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, and shall be prosecuted and punished accordingly. In addition, a user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be guilty of a misdemeanor and shall be prosecuted and punished accordingly.
9-2-10-4.
Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The City of Meridian may take any, all, or any combination of these actions against a noncompliant user. Further, the City of Meridian is empowered to take more than one (1) enforcement action against any noncompliant user. These actions may be taken concurrently.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-11-1.
Performance bonds. The Superintendent or designee may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City of Meridian, in a sum not to exceed a value determined by the Superintendent or designee to be necessary to achieve consistent compliance.
9-2-11-2.
Water supply severance. Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-12-1.
Upset.
A.
For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph C of this subsection are met.
C.
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
1.
An upset occurred and the user can identify the cause(s) of the upset;
2.
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
3.
The user has submitted the following information to the Superintendent or designee within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) working days):
a.
A description of the discharge and cause of noncompliance;
b.
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
c.
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
D.
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
E.
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.
F.
Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
9-2-12-2.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in subsections 9-2-2-1.A and B and subsections 9-2-2-2 through 9-2-2-4 of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either: a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable biosolids use or disposal requirements.
9-2-12-3.
Bypass.
A.
Definitions. For the purposes of this section:
Bypass. The intentional or unintentional diversion of waste streams from any portion of a user's treatment facility.
Severe property damage. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
B.
Bypass without violation. A user may allow a bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only for essential maintenance to ensure efficient operation. These bypasses are not subject to the provision of paragraphs C and D of this subsection.
C.
Notice of bypass.
1.
If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent or designee, at least ten (10) days before the date of the bypass, if possible.
2.
A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case by case basis if the oral report has been received within twenty-four (24) hours.
D.
Bypass conditions.
1.
Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:
a.
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b.
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c.
The user submitted notices as required under paragraph C of this subsection.
2.
The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three (3) conditions listed in paragraph D.1. of this subsection.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
Wastewater treatment rates and charges shall be set by resolution of the Meridian City Council.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
9-2-14-1.
Pretreatment charges and fees. The City of Meridian may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:
A.
Fees for wastewater discharge permit applications including the cost of processing such applications;
B.
Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
C.
Fees for reviewing and responding to accidental discharge procedures and construction;
D.
Fees for filing appeals; and
E.
Other fees as the City of Meridian may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.
9-2-14-2.
Severability. If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.
9-2-14-3.
Conflict. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict.
(Ord. 08-1353, 3-18-2008, eff. 3-18-2008)
This chapter is adopted for the benefit of consumers receiving their water supply from the city by protecting the water supply system of the city from actual or potential pollution or contamination through cross-connections.
(Ord. 385, 3-2-1981)
Backflow. The flow, in the opposite direction from that intended, of any foreign substance which may enter the water supply system or of any contaminated or polluted water.
Backflow prevention device. An approved device which counteracts back pressure and/or prevents back siphonage. A reduced pressure principle backflow prevention device, a double check valve assembly, a pressure or atmospheric vacuum breaker shall be considered approved if it has successfully passed the performance tests of the University of Southern California engineering center or other testing laboratories acceptable to the city and the State of Idaho Department of Environmental Quality.
City. The City of Meridian or any authorized agent thereof.
Contamination. The infiltration of either solids, liquids or gases into the water supply system which does constitute public health hazard.
Cross-connection. Any physical arrangement whereby the water supply system is connected either directly or indirectly with any unapproved water supply, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain any substance capable of pollution or contamination.
Customer. Any persons and/or premises receiving water from the city water supply system.
Pollution. The infiltration of either solids, liquids or gases into the water supply system which, although not constituting a public health hazard, does impair the water quality with respect to taste, odor, color or turbidity.
Water supply system. The potable water supply system provided by the City of Meridian.
(Ord. 01-905, 1-23-2001)
No water service or fire sprinkler system connection shall remain or be installed to any customer unless the water supply system is adequately protected against cross-connection by backflow prevention devices commensurate with the degree of hazard that either does or potentially may exist. The installation or maintenance of a cross-connection which may endanger the water supply system quality shall be unlawful and is prohibited. Any such cross-connections now existing or hereafter installed shall be abated. The control or elimination of cross-connections shall be in accordance with this chapter, the most current Pacific Northwest Section -American Water Works Association Cross Connection Control Manual for accepted procedures and practices, and the Idaho regulations for public drinking water systems, section 01-8601.04, dated July 1985, or subsequent revisions, together with any other publications pertaining to cross-connection control approved by the Director of the State Department of Environmental Quality.
(Ord. 01-905, 1-23-2001)
A.
Installation requirements; certain circumstances. Backflow prevention devices shall be installed, if possible, within the confines of the affected building in a readily accessible location with adequate clearances for maintenance and testing. If the preceding installation is not possible, the device shall be installed in an accessible, aboveground, locked, heated, enclosure adjacent to the structure. The structure shall be situated above seasonal high ground water, shall contain a floor drain, shall provide adequate room for testing and maintenance and shall protect the device against freezing. Backflow prevention devices shall be installed under any circumstances included in, but not limited to, the following:
1.
Premises housing an auxiliary water supply that has not been approved by the city for its quality and protection.
2.
Premises having intricate plumbing arrangements which make it difficult to ascertain whether or not cross-connections exist.
3.
Premises where entry is restricted so that inspections for cross-connections could not be made during reasonable hours, at sufficiently short notice to assure that cross-connections do not exist.
4.
Premises where any substance handled under pressure could enter into the water supply system. This shall include the handling of process and cooling waters.
5.
Premises having a repeated history of cross-connections being created or recreated.
B.
Types of facilities requiring devices.
1.
The following types of facilities shall fall into one (1) of the above categories where a backflow prevention device is required to protect the water supply system unless the city and the state Department of Environmental Quality determine that no hazard exists:
a.
Sewage treatment plants.
b.
Laboratories.
c.
Food processing plants.
d.
Chemical or other industrial plants.
e.
Hospitals, mortuaries, clinics.
f.
Agricultural chemical storage, formulation and distribution facilities.
g.
Petroleum processing or storage plants.
h.
Car washes.
i.
Other facilities specified by the city and the state Department of Environmental Quality.
2.
Certain public facilities present potential sources of cross-connections. All of the following facilities and any others the city specify shall be required to install backflow prevention devices as required by the city:
a.
Schools.
b.
Movie theaters.
c.
Recreation and sports grounds.
d.
Restaurants.
e.
Stores (wholesale or retail).
C.
Types of devices for use. The type of backflow prevention device required for a particular situation shall be commensurate with the degree of hazard presented. The following guides shall be used:
1.
Where the water supply system could be contaminated as a result of cross-connection, an air-gap separation or a reduced pressure backflow prevention device shall be installed.
2.
Where cross-connection could result in pollution of the water supply system, either of the above devices or a double check valve assembly shall be used.
3.
Back siphonage, such as from irrigation sprinkler systems, may be prevented by the use of either atmospheric vacuum breakers or pressure vacuum breakers, as directed by the city and the state Department of Environmental Quality.
D.
Stagnant water; double check valve assembly. Facilities having plumbing arrangements connected to the water supply system, where the water remains stagnant for prolonged periods of time, shall be required to install a double check valve assembly.
(Ord. 385, 3-2-1981; Ord. 01-905, 1-23-2001)
A.
Supervision; expense. Backflow prevention devices required by this chapter shall be installed under the supervision of and with the approval of the city. Such installations shall be completely at the customer's expense.
B.
Inspection and testing.
1.
Inspecting firm; customer's expense. Backflow prevention devices installed prior to the effective date hereof, shall be inspected and tested by a testing firm of the customer's choice that is qualified and approved by the city to inspect and test said devices. This work shall be at the customer's expense and the results forwarded to the city. Any protection device installed prior to the effective date hereof that is not approved by the city shall be replaced by an approved device, at the customer's expense.
2.
Replacement of faulty parts. Annual inspection and testing of all installed backflow prevention devices shall be carried out by a qualified and approved testing firm of the customer's choice. Any parts found faulty shall be replaced. All inspection, testing and parts replacement data shall be forwarded to the city. All of this work shall be carried out at the customer's expense.
3.
Frequency of testing. When the city considers it necessary, because of the degree of hazard involved should any cross-connection occur, inspection and testing may be more frequent than annually.
4.
Right of entry allowed. During reasonable hours, all customers shall permit entry of the city to inspect for cross-connections.
5.
Newly constructed premises; compliance required. No water service shall be supplied to any newly constructed premises until the said premises has successfully passed the city inspection for cross-connections and complies with this chapter.
C.
Verify need for cross-connection. Inspection shall be made by the city waterworks department to verify requirement of a cross-connection control device. Inspection shall be made by the city waterworks department after the device has been installed and prior to its certification. Request for inspection shall be the responsibility of the customer.
D.
Final determination. The Meridian Water Department shall make the final determination regarding cross connections.
(Ord. 385, 3-2-1981; 1999 Code; Ord. 01-905, 1-23-2001)
A.
Grounds for termination of water service.
1.
The following shall be grounds for termination of water service to a customer.
a.
Failure to install, maintain, inspect and test any backflow prevention device required by this chapter.
b.
Refusal of access, during reasonable hours, to any property for the purpose of determining whether or not cross connections exist.
c.
Any owner who refuses to comply with current procedures and practices required by this chapter.
2.
Only upon the customer's complete compliance with this chapter shall the service be resumed.
B.
Penalty imposed. Any customer who violates or refuses to comply with this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be subject to penalty as provided in section 1-2-1 of this Code.
(Ord. 385, 3-2-1981; Ord. 01-905, 1-23-2001; Ord. 14-1620, 8-19-2014)
A.
Declaration of policy.
1.
It is hereby declared that the city owns and operates both a municipal water system and a municipal wastewater system. It is the policy of the city to operate the sewer system and the water system in conjunction, one with the other, for the mutual benefit of the residents of the city.
2.
Additionally, due to the integral nature of the requirement of water to operate the sewer system, violation of the sewer provisions may require termination of water service and to efficiently enforce these sewer provisions, such water termination is specifically authorized and is the policy of the city.
B.
Purpose. It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the city, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire sewer system which includes the sewer collection system and sewage disposal facilities of the city.
1.
To charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the sewer system of the city, which system and facilities consist generally of all pipelines, conduits, catch basins, manholes, cleanouts, sewer mains, intercepting sewers, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewage or sewage byproducts;
2.
To provide for industrial cost recovery from all industrial users; and
3.
To provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available.
(Ord. 04-1105, 10-5-2004)
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
Act. The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972, as administered by the United States Environmental Protection Agency (EPA).
Bod. Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter (mg/L).
Building drain. That part of the lowest horizontal piping of a drainage system which receives the discharge of sanitary waste inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.
Building sewer. The extension from the building drain to the point of connection with the public sewer.
City. The City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto.
Combined sewer. A sewer receiving both stormwater runoff and sanitary sewage.
Flow. The volume of sewage being discharged into the sewage system from all sources including domestic, commercial and industrial uses and infiltration (WW).
Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Industrial users. Any nondomestic user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, since such entities are subject to federal pretreatment regulations. See chapter 2, "sewer pretreatment", of this title.
Industrial wastes. The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
Multiple building development. Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc.
Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
Owner. A person owning real property which is, or proposes to be connected to the sewage system.
Person. Any individual, firm, company, association, society, corporation or group.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution with a pH value of seven (7) being neutral.
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Private lift station. Privately owned and operated pump station positioned in the sewer system at which wastewater is pumped to a higher level.
Properly shredded garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch in any dimension.
Public sewer. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
Sanitary sewer. A sewer which carries sanitary sewage and to which storm, surface and ground waters are not admitted.
Service connection. The point at which the building sewer connects to the public sewer.
Sewage or waste matter. A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments.
Sewage treatment plant or wastewater treatment facility. Any devices and system used in the storage, treatment, recycling and reclamation of Municipal sanitary sewage or industrial wastes of a liquid nature to implement section 201 of the Act. Also termed a "publicly owned treatment works" (POTW).
Sewer. A pipe or conduit for carrying sewage.
Shall/may. "Shall" is mandatory. "May" is permissive.
Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes for more than five (5) times the average twenty-four-hour concentration or flows during normal operation.
Storm drain (sometimes termed "storm sewer"). A sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted water such as cooling water.
Superintendent. The person designated by the City of Meridian, to supervise the operation of the POTW, who is charged with certain duties and responsibilities by this chapter, or duly authorized representative.
Suspended solids. Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Waste Water" and referred to as nonfilterable residue.
Wastewater system. All facilities for collecting, pumping, treating of sewage and disposal of treated effluent.
Wastewater user. Any individual, firm, company, association, society or corporation or group who has connected to the sewer system.
Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 18-1768, 3-27-2018)
The provisions of this chapter shall apply to all property within the corporate limits of the city, and any special users outside of the corporate limits of the city, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho.
This chapter shall work in conjunction with chapter 2, "sewer pretreatment", of this title. If requirements, limitations or applications conflict, the more stringent shall be enforced or applied.
(Ord. 04-1105, 10-5-2004)
The wastewater system for the city shall be under the sole and exclusive control of the Mayor and City Council, who may from time to time direct the construction, expansion, extension, repair and maintenance of the wastewater system owned and operated by the city as the necessity of the city may require. The cost of maintenance and repair of the city wastewater system may be paid out of the enterprise fund.
(Ord. 04-1105, 10-5-2004)
A.
Office created. There is hereby created the office of a Superintendent of Wastewater, who shall, under the direction of the Public Works Director and the Mayor and Council, have charge of such works, mains, laterals, trunk lines, treatment plant, connection of service pipes and conduits and all other matters pertaining to the city wastewater system. The Superintendent shall report to the Public Works Director monthly, or as often as required, the condition of the wastewater system and make such recommendations as the nature of the service may require.
B.
Duties. The wastewater system shall be kept in repair by the Superintendent of Wastewater and no other person, unless authorized by him, shall work on or operate said system or any part thereof. It shall be the Superintendent's duty at all times to maintain said system in such a working condition that the sewage of the city is efficiently and sanitarily carried from the premises of the users of said system and processed in the wastewater treatment plant owned and operated by the city.
(Ord. 04-1105, 10-5-2004)
A.
Adoption. The city shall have the authority to adopt by resolution such rules and regulations as it shall deem appropriate for the operation, maintenance, repair, replacement, upgrade or extension and charges for said use of the sewer system and wastewater treatment facility as are not inconsistent with the provisions of this chapter.
B.
Amendment. Nothing herein contained shall prohibit the Mayor and Council from amending, altering or adding to the provisions of this chapter in relation to the sewer service supplied by the city in regard to rates, charges, expansion, alteration, repair or any other matter related to the sewer system, as changed conditions may require from time to time.
(Ord. 04-1105, 10-5-2004)
A.
Right of entry. The city, through its authorized representatives, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. 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 public sewers or natural waterways.
B.
Observe safety rules; liability restrictions. While performing the necessary work on private properties referred to in the preceding subsection, the authorized representative of the city shall observe all safety rules applicable to the premises established by the sewer user and the sewer user shall be held harmless for injury or death to any city authorized representative and the city shall indemnify the sewer user against loss or damage to its property by any authorized city representative and against liability claims and demands for personal injury and property damage asserted against the sewer user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the sewer user to maintain safe conditions as required in this chapter or as reasonably required by prudent standards.
C.
Access to easements. The city, through its authorized representatives 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 sewer works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 04-1105, 10-5-2004)
A.
Connection to public sewer. The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is located a public sewer of the city is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this chapter, within sixty (60) days after date of official notice from the city to do so; provided, however, that said sewer is within three hundred (300) feet of any property line of the building to be served or common property line in a multiple building development.
B.
New subdivision or development. The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his subdivision. Additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary in his development which is farthest away from the point at which initial connection is made to the existing city sewer main.
C.
Prohibited wastes. It shall be unlawful for any person to place or deposit in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
D.
Discharge of sewage to natural outlet. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
E.
Privies and septic tanks. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage.
(Ord. 04-1105, 10-5-2004)
The use of the public sewers of the city shall be in accordance with the following regulations:
A.
Discharge of surface waters.
1.
No person shall discharge or cause to be discharged from any connection any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
2.
Stormwater and all other unpolluted drainage shall be discharged to sewers that are specifically designated as storm sewers, or to a natural outlet approved by the city and the entity having jurisdictional authority over the natural outlet. Industrial cooling water or unpolluted process waters may be discharged, complying with the requirements of section 308 of the Act and on approval of the city and the entity having jurisdictional authority over the natural outlet, to a storm sewer or natural outlet.
B.
Prohibited discharges.
1.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: 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, concrete, 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.
2.
No person shall discharge or cause to be discharged substances, materials, waters or wastes if it appears likely, in the opinion of the city, that such wastes can harm either the sewers, wastewater 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 its opinion as to the acceptability of these wastes, the city 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.
C.
City authority.
1.
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 subsection B.2 of this section, and which, in the judgment of the city, 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 city may.
a.
Reject the wastes;
b.
Require pretreatment to an acceptable condition for discharge to the public sewers;
c.
Require control over the quantities and rates of discharge; and/or
d.
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 9-4-21 of this chapter.
2.
If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be at the owner's expense and subject to the review and approval of the city and subject to the requirements of all applicable codes, ordinances and laws.
D.
Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided at the owner's expense when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease 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 city and shall be located as to be readily and easily accessible for cleaning and inspection. Each user for which an interceptor is required shall, in the discretion of the Superintendent or designee:
1.
Install and/or use a grease interceptor which shall serve only that user; or
2.
Enter into a written agreement or permit with the City of Meridian establishing comparable best management practices.
E.
Maintenance of pretreatment facilities. 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. If, in the opinion of the city, maintenance by the owner of the pretreatment facility is inadequate, the owner shall provide a maintenance schedule to the city for review and approval. Upon approval of the maintenance schedule, the owner shall commence with the scheduled maintenance and provide documented proof of the maintenance activity to the city.
F.
Manhole installation. When required by the city, 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. 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.
G.
Measurements, tests and analyses. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter 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, and shall be determined at the control manhole provided or upon suitable samples taken at said 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.
H.
Special agreements. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial entity whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial entity.
I.
Notice of violation; remedial action. Any property owner or sewer user violating the provisions of this section shall, upon notice by the city, immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this chapter.
(Ord. 04-1105, 10-5-2004; Ord. 12-1526, 9-4-2012)
Cross reference— See section 9-2-2 of this title.
A.
Review and approval. The admission into the public sewers of any water or wastes having:
Biochemical oxygen demand (BOD) greater than three hundred milligrams per liter (300 mg/l),
Chemical oxygen demand (COD) greater than nine hundred milligrams per liter (900 mg/l),
Suspended solids in excess of three hundred milligrams per liter (300 mg/l),
shall be subject to the review and approval of the city.
B.
Pretreatment provided by owner. Where necessary, in the opinion of the city, the owner shall provide, at his expense, such pretreatment as may be necessary to reduce the BOD to three hundred milligrams per liter (300 mg/l), the COD to nine hundred milligrams per liter (900 mg/l) and the suspended solids to three hundred milligrams per liter (300 mg/l). Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city and of the Idaho Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(Ord. 04-1105, 10-5-2004)
All materials and workmanship in the installation of building sewers and service connections shall conform to the following regulations:
A.
Permit required. 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 city. The permit shall not be issued until all sewer assessment charges and other applicable fees have been paid in full.
B.
Classes of permits. There shall be two (2) classes of building sewer permits: A general permit for residential and commercial sewer service, and industrial user permits for sewer service to establishments producing industrial wastes.
1.
General permits. The owner or his agent shall make application to the public works department for general permits. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city at the time the application is filed. Also, the owner or his agent shall pay to the city, at the time the permit is issued, an assessment fee, which shall be established by resolution of the City Council; and
2.
Industrial permits. Industrial user permits shall be applied for by the owner or his agent by letter to the City Council accompanied by an executed copy of the industrial user agreement together with any plans, specifications or other information considered pertinent in the judgment of the city. Industrial user permits shall be approved by the City Council based on recommendation by the Public Works Director. Approval shall be contingent upon the availability of excess capacity in the sewage treatment plant, the provisions of this chapter and any other considerations the City Council deems appropriate. The amount of the permit, inspection fee and assessment fee for an industrial wastes sewer service will vary with each permit and shall be established by the city at the time of application. The owner shall pay all fees at the time the permit is issued.
C.
Costs borne by owner; liability. All costs and expense incident to the installation and connection of the building sewer and service connection shall be borne by the owner. The owner shall indemnify and hold harmless the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and the marking of the service connection for same to the public sewer.
D.
Separate connections for each building. A separate and independent building sewer and service connection shall be provided for every building. Any exception to this requirement shall conform with uniform plumbing code.
E.
Old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and being tested as required by the city, to meet all requirements of this chapter.
F.
Conformance with building and plumbing codes. The materials of construction of the building sewer and service 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 codes as have been or may be adopted by the city.
G.
Pipe size; building sewer grade and slope. All building sewers shall meet the requirements of the international building code or uniform plumbing code.
H.
Connecting surface water drainage to building sewer. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
I.
Service connection requirements. The service connection to the public sewer shall conform to the requirements of the international building code and uniform plumbing code as adopted by the city.
J.
Notify city for inspection. The applicant for the building sewer permit shall notify the city when the connection of the building sewer to the public sewer is ready for inspection.
K.
Guarding excavations. 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.
L.
Work done by contractor. The connection of the building sewer service to the public main sewer shall be made by a public works contractor having a valid State of Idaho License for this specialty work.
(Ord. 04-1105, 10-5-2004)
Cross reference— See title 10, chapters 1 and 2 of this Code.
All industrial users of the sewer system shall comply with any applicable requirements of sections 204(b), 307 and 308 of the Federal Water Pollution Control Act. There shall be two (2) classes of industrial users: a) major contributing industry, and b) minor contributing industry.
A.
Contributing industries defined. The contributing industries are defined as follows:
Major contributing industry. One that:
1.
Will contribute greater than ten (10) percent of the design hydraulic flow of the treatment works.
2.
Will contribute greater than ten (10) percent of the design pollutant loading of the treatment works.
3.
Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Act.
4.
Has significant impact, either singly or in combination with other contributing industries, on the sewer system or the quality of its effluent.
Minor contributing industry. All industries not included in the "major contributing industry" classification as defined in this subsection.
B.
Requirements.
1.
Monitoring wastes. All major contributing industries' wastes shall be monitored by the city or industry on a regular basis at intervals not less than monthly, and more frequently as the characteristics of the specific industrial discharge may dictate. Minor contributing industries shall be monitored by the city or industry as the characteristics of the specific industrial discharge may dictate as determined by the city.
2.
Reports to city. All major contributing industries shall submit to the city on the first day of the months of June and December, a statement in writing regarding specific actions taken to achieve full compliance with the requirements of section 307 of the Act.
3.
Report changes in flow or characteristics. Each contributing industry shall report any substantial (exceeding ± ten (10) percent) change in flow or characteristics of wastewater being discharged into the sewer system. The report shall include quantity and quality of effluent and duration and frequency of discharge.
(Ord. 04-1105, 10-5-2004)
No connection of any kind to a public sewer line shall be made and no sewage permitted to flow through such connection except pursuant to inspection of and approval issued by the city. See section 9-4-11 of this chapter for sewer permits, inspection fees, inspection notices, etc.
(Ord. 04-1105, 10-5-2004)
The city may reject any material or workmanship for cause and, upon such order, rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances, excavation, backfilling and other work items.
(Ord. 04-1105, 10-5-2004)
A.
Compliance with master plan. All proposed extensions of the municipal sewer system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the municipal sewer system, unless otherwise authorized by the Public Works Director.
B.
Owner responsible for costs; exception. Costs for all extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsibility of that property owner or his agent. Cost for sewer extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development. When it is necessary to install oversized lines as part of an extension, the owner may request a reimbursement agreement per section 8-6-5 of this Code.
C.
Newly developed areas. Unless a special permit is granted by the city, all municipal sewer system extensions into newly developing areas shall be installed prior to the construction of any new streets.
D.
Compliance with city specifications. All design and construction of any extensions to the municipal sewer system shall comply with the official specifications for sewer system extensions as adopted by the city.
E.
Preparation and filing of plans. The plans for all extensions to the sewer system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code. Construction may not commence until plans have been approved by the Idaho Department of Environmental Quality as required by the Idaho Code. In approving a plan for extension to the municipal sewer system, the city reserves the right to stipulate other requirements such as a special permit fee, rights-of-way limits, sequence of construction, time limits for having existing service disrupted, the provision of surety guaranteeing completion and other similar measures as may be required to protect the public. No work shall commence on any such extension of the municipal sewer system until the extension project has been approved by the city.
F.
Certification by registered engineer. After the construction of any municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer certify to the city and to the Idaho Department of Environmental Quality that the said system extensions were installed in accordance with the approved plans and specifications on file with the respective agencies. Following certification by the registered professional engineer and acceptance by the city, the entire extension of the municipal sewer system shall become the property of the city and it shall be the city's responsibility to maintain and operate the system thereafter.
G.
Connections made after extension accepted. If it is necessary for the city to permit a sewer service connection and/or sewer service line at any time after the extension has been originally accepted by the city, the owner or his agent shall be required to pay the sewer assessment fee as well as the standard permit and inspection fees as may be established by the city for such purposes. The owner or agent is responsible for all costs associated with installation of the sewer service connection to the sewer main and the sewer service line.
H.
Work done by contractor. The installation of all public sewer systems shall be performed and completed by the contractor possessing a valid State of Idaho Public Works License with the proper endorsement for the work.
(Ord. 04-1105, 10-5-2004)
Backfilling of building sewers and service connections within the limits of public rights-of-way or easements shall conform to special specifications promulgated by the Ada County Highway District, for sewer installation, and shall be subject to inspection by and approval of the Ada County Highway District.
(Ord. 04-1105, 10-5-2004)
A.
Adoption of plans. The "2004 City of Meridian wastewater treatment plan facility plan update" is adopted as the official planning document for the City of Meridian Wastewater Treatment System. The "2003 sewer master plan update" is adopted as the official planning document for the City of Meridian Sanitary Sewer Collection System.
B.
Treatment requirements. Wastewater collection, treatment, and disposal will comply with State of Idaho Department of Environmental Quality and United States Environmental Protection Agency Rules and Regulations.
(Ord. 04-1105, 10-5-2004)
A.
Sewer assessment fee. Notwithstanding any of the provisions of this chapter, any person, firm, partnership, corporation or association or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a sewer line, whether that construction has been performed by the city, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the city sewer system, shall be required to pay, in addition to the required connection charges of subsection 9-4-25B of this chapter and the monthly user charges of section 9-4-24 of this chapter, an additional connection charge which shall be known as an "assessment fee". The assessment fee shall be computed on an "equivalent residential unit", or "ERU" basis.
B.
Fee set by City Council. The sewer assessment fee for each parcel of ground connected to a trunk sewer line shall be established and set by the City Council. The sewer assessment fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations of effluent quality but shall be as consistent as possible under similar factual circumstances. The sewer assessment fee shall be assessed in terms of equivalent residential units.
C.
Wastewater treatment assessment fee. A treatment fee shall be required for every sewer user initiating sewer service, changing use of a property already connected to sewer or increasing the discharged wastewater flow.
(Ord. 04-1105, 10-5-2004)
Editor's note— Sec. 9-4-19, cooperative and reimbursement agreements, was repealed on May 5, 2009 by Ord. 09-1404, 5-5-2009.
Editor's note— Sec. 9-4-20, Board of Appraisers, was repealed on December 21, 2010 by Ord. 10-1469, 12-21-2010.
If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request a hearing before the Board of Adjustment pursuant to the procedures set forth in title 2, chapter 8 of this Code pertaining to the Board of Adjustment in order that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in section 9-4-23 of this chapter be appraised and assessed by the Board of Adjustment for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon like property and uses within the city that has or will receive the sewer service. This procedure may also be used to determine the initial charges set forth herein or to change or modify the initial charges.
(Ord. 10-1469, 12-21-2010, eff. 12-27-2010)
The City Council has the power to approve, confirm, modify or amend any charge, rate or fee provided by this chapter and the decision of the City Council shall be final. Upon final approval of the City Council, the same shall then and there be in effect and a copy thereof shall be filed in the office of the City Clerk.
(Ord. 04-1105, 10-5-2004)
A.
System of charges established. There is hereby established a system of assessment fees, user charges, permit, review and inspection fees, periodic service charges and other fees for the use of, and for service rendered by the sewer works of the city. The rates, charges and fees provided by this chapter are hereby levied and assessed against each lot, parcel of land, building or property having any connection with the sanitary sewer works of the city or otherwise discharging sanitary sewage, industrial wastewater or other liquids directly into the sanitary sewer works of the city. The rates, charges and fees shall be billed to and paid by the owner of each lot, parcel of land, building or property served by the sewer system.
B.
Properties subject to charges. It is specifically enacted that all property in the city to which a public sewer is available and is required to connect to the sewer as required in section 9-4-8 of this chapter, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this chapter.
(Ord. 04-1105, 10-5-2004)
Wastewater user charges are comprised of base fees, use fees, and assessment fees.
A.
Wastewater base fees.
1.
To cover the fixed costs of the wastewater system, each account is charged a monthly flat base fee.
a.
The wastewater base fee shall be established by resolution of the City Council.
B.
Wastewater use fees. Monthly use fees for wastewater collection (sewer) and treatment in the city are based on gallons of water collected and treated as determined by water meter readings for the water used (delivered to the same building/account). The fee per gallon of use shall be established by resolution of the City Council. Wastewater use is determined according to the following:
1.
Residential accounts. There are two (2) time periods during which wastewater use is determined during the year.
a.
Winter period. During four (4) winter months between November and March, wastewater use is based on monthly gallons of water delivered as determined by water meter readings. Example. If five thousand (5,000) gallons of water were delivered then five thousand (5,000) gallons of wastewater use will be billed for that month. Depending on the account billing cycle, the four (4) months that comprise the winter period will either be November through February, or December through March.
b.
Summer period. During the months outside an account's winter period, wastewater use is also based on monthly gallons of water delivered until the amount of water delivered reaches the account's wastewater use cap (see subsection B.1.b.(1) of this section). If monthly water delivered is higher than the account's wastewater use cap, then the wastewater use cap serves as the month's wastewater use for billing. Example. If nine thousand (9,000) gallons of water were delivered, but the wastewater use cap for the account is six thousand (6,000) gallons, then six thousand (6,000) gallons of wastewater use will be billed. The wastewater use cap is calculated/applied as follows:
(1)
Wastewater use cap. The wastewater use cap is the average monthly number of gallons of water that were delivered to the account during the winter period.
(2)
Default wastewater use cap. In any instance where the customer's wastewater use cap calculates to less than one thousand (1,000) gallons per month or there is no customer data to calculate a wastewater use cap, a default wastewater use cap shall be applied. The default wastewater use cap shall be established by resolution of City Council and is intended to represent the monthly wastewater use of a typical residential account.
(3)
Adjusted wastewater use cap. Upon request, the wastewater use cap may be reviewed and evaluated. Determination of applicability will be made by the City Public Works Director or designee and include an evaluation of current and potential water and sewer uses at the property and to determine if the application of an adjusted wastewater use cap will result in fair wastewater billing.
2.
Commercial accounts. Wastewater use fees for all other users such as commercial and industrial are based on actual monthly water delivered as determined by water meter readings.
a.
Commercial accounts that show a residential pattern of water and wastewater use may be eligible for an applied wastewater use cap during the summer period as set forth in the section for residential accounts. Determination of applicability will be made by the City Public Works Director or designee and include an evaluation of current and potential water and sewer uses at the property to determine if the application of a wastewater use cap will result in fair wastewater billing.
b.
Commercial accounts with water uses that are not collected in the sewer may be eligible for periodic adjustment to the wastewater portion of their bill if the amount of water used but not collected can be demonstrated.
C.
Wastewater assessment fees.
1.
Wastewater assessment fees for all newly established or upgraded sewer services shall be established by resolution of City Council. The assessment fees for all uses other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 2 of this subsection, unless other acceptable means of determining ERUs are used. Other acceptable means may include the plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the City of Meridian. Single-family residential assessment fees shall be based on one ERU.
TABLE 2: EQUIVALENT RESIDENTIAL UNITS
(Ord. 18-1768, 3-27-2018)
A.
Permit required; fees.
1.
Application for permit. To obtain municipal sewer service, the owner or his agent shall make application to the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city.
2.
Permit and inspection fee. A permit and inspection fee shall be paid to the city at the time the permit is issued. Also, the owner or his agent shall pay to the city, at the time the permit is issued, an assessment charge in the amount as provided for in section 9-4-24 of this chapter. The amount of the permit and inspection fee shall be as established by resolution of the City Council.
B.
Assessment charges. The owner, or his agent, of all properties connecting to the public sewer of the city under the terms of this chapter shall pay an assessment charge as established by resolution of the City Council for each equivalent connection or fraction thereof as may be assigned to the property by the city in accordance with section 9-4-18 of this chapter.
C.
Materials and construction methods. The materials of construction of the sewer service line and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench and surface replacement shall all conform to the requirements of specifications and codes as have been or may be adopted by the city.
D.
Separate connection for each building. A separate and independent city sewer service connection shall be provided for each building.
E.
Notify city for inspection. The applicant for the city sewer service connection shall notify the City Plumbing Inspector when the connection of the sewer service connection and line to the public sewer main is ready for inspection.
(Ord. 04-1105, 10-5-2004)
A.
Connection to city sewer system outside city limits. The city shall not grant a request to provide city sewer service to a property which is outside of the corporate city limits unless the requestor demonstrates a compelling health or safety reason to do so, in which case, the following process shall apply:
1.
The owner of such property shall submit to the public works department a written request to connect to the city sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances justifying the requested service.
2.
The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the department's written recommendation, to City Council.
3.
City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of city sewer service outside the city limits, in which the owner shall agree.
a.
To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its sewer system;
b.
To pay all hookup, assessment, and service fees as apply to the connection to and use of the city sewer system;
c.
To annexation into the city of the parcel(s) connected to the city sewer system, either immediately or when contiguous to city limits;
d.
There shall be no change of use or intensification of use of the property prior to annexation; and
e.
To comply with other reasonable conditions of granting the request to connect to the city sewer system.
B.
Sewer line and facility inspection fee. A fee shall be established and charged for inspection of sanitary sewer lines and facilities installed by any entity other than the City of Meridian. The fee shall be approved by the City Council.
C.
Septic tank waste dumping fee. A fee shall be established and charged for dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City Council.
(Ord. 04-1105, 10-5-2004; Ord. 16-1707, 9-20-2016; Ord. 19-1842, 8-20-2019; Ord. No. 22-1989, § 2, 8-9-2022)
Cross reference— See also subsection 9-4-32.F of this chapter.
All monthly sewer charges shall be due and payable from the owner to the Finance Department between the first and tenth day of each month for billing from the previous cycle. For new construction, the monthly user charge shall be computed from the date the service connection has been inspected and approved or when the building being served is substantially completed, whichever is the latest date. For new residential construction completed during the eight (8) lawn sprinkling months, the monthly sewer user charges shall be based on the use of six thousand five hundred (6,500) gallons per month or actual use, whichever is less.
(Ord. 04-1105, 10-5-2004)
A.
Termination of water service for nonpayment. If a sewer user has not paid the billing within fifteen (15) days from the date of the statement, it shall be deemed delinquent. The city shall follow the procedure set forth in section 9-1-21 of this title for termination of water services, and shall cause the water supplied to said sewer user to be turned off from the premises, the city taking notice that, without water, the sewer system of the user cannot be used and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within ten (10) days after the delinquency notice, and if no penalty is due for nonpayment of water charges, an additional penalty as set by resolution of the City Council will be added to the account and must be paid to restore service.
B.
Lien against property. Where allowed by law, all delinquent charges or fees, as provided by this chapter, not paid after the final determination of the sewer user's account shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, Idaho, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this section shall be paid over to the Chief Financial Officer/City Treasurer in the same manner as is required for the payment of other city monies.
C.
Use at new location. The owner of any property leaving a delinquency in sewer fees at any location shall not be entitled to the use of the sewer system at any new location until all fee delinquencies are paid.
D.
Sewer fund. All fees and charges received and collected under the authority of this chapter shall be deposited and credited to a fund to be designated as the sewer fund within the Utility Enterprise Fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sanitary sewer system and any payments into a sinking fund established for the purpose of paying principal of and interest on the sewer indebtedness of the city which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the sewer fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sanitary sewer system of the city, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any sewer bond indebtedness of the city which shall from time to time be outstanding.
(Ord. 04-1105, 10-5-2004; Ord. 16-1680, 4-5-2016)
A.
Discontinue sewer and water service. The provisions of this chapter shall apply to all property served with sanitary sewer within and outside the corporate limits of the city, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho, and in case of nonpayment or delinquency, the wastewater Superintendent is, after the city has complied with the provisions of section 9-4-28 of this chapter, hereby authorized and directed to disconnect and/or plug the sewer connection with the sewer system of Meridian and direct the Water Superintendent to terminate the water supply to the property.
B.
Penalty for turning on water. If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this chapter or the rules and regulations pertaining to the sewer service, shall turn on or permit to be turned on or use or permit the water to be used, without authority, he shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in section 1-2-1 of this Code for each offense.
(Ord. 04-1105, 10-5-2004) (Ord. 14-1620, 8-19-2014)
A.
Fund established; purpose. All fees and charges received and collected under authority of this chapter shall be deposited and credited to a special fund to be designated as the sewer system fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sewer works and any payments into sinking funds as may be established for the purpose of:
1.
Paying principal of and interest on the general obligation or revenue sewer bonds of the city which shall from time to time be outstanding;
2.
Other special funds as may be established by the City Council.
B.
Disposition of funds and credits. As provided by law, when budgeted and appropriated, the funds and credits to the account of the sewer system fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sewer works of the city and, to the extent legally available, for payment into a sinking fund established for the payment of the principal of and interest on the general obligation sewer bonds of the city which shall from time to time be outstanding.
(Ord. 04-1105, 10-5-2004)
All monies collected by the Finance Department under the provisions of this chapter shall be paid, received, disbursed and accounted for as directed by the City Council.
(Ord. 04-1105, 10-5-2004)
Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this chapter and in accordance with the following special provisions. Private home association lift station(s) BMP requirements are included under this section.
A.
Permit required; permit and inspection fee. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the city. The applicant shall provide plans, specifications and other information as may be deemed necessary by the city. Review and inspection fees shall be established by resolution of the City Council.
B.
Inspection and approval by city. Building permits for any structure to be served by an approved private sewage disposal system shall not be issued until the installation is completed to the satisfaction of the City Engineer. The city shall be allowed to inspect the work at any stage of construction and the owner shall notify the city when the work is ready for final inspection and before any underground works are covered. The applicant shall be responsible for payment of all applicable inspection fees prior to issue of a building permit.
C.
Compliance with state regulations. The type, capacities, location and layout of a private sewage disposal system shall comply with all of the rules and regulations and recommendations of the Idaho Department of Environmental Quality, Idaho Department of Health and Welfare and/or the Central District Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
D.
Connection to public sewer when available. At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter and any septic tank, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material and all appropriate fees paid.
E.
Operation in sanitary manner. The owners shall operate and maintain the private sewage disposal facility in a sanitary manner at all times and at no expense to the city.
F.
Septic tank pumpings; disposal and fee. Septic tank pumpings shall not be deposited in any manhole, cleanout or sewer opening. The pumpings may be dumped at the sewage treatment plant at a point designated by the city. The number of gallons dumped and the nature of the wastes shall be provided to the plant operator prior to dumping. A fee for the septic tank dumping shall be determined by the City Council.
G.
Additional state requirements. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Department of Environmental Quality or Department of Health and Welfare of the State of Idaho.
H.
Private lift station best management practices (BMP) requirements. The owner shall operate and maintain the private lift station equipment, and building structure(s), to the City of Meridian requirements as defined by this section. Federal, state and local laws may also apply.
1.
Maintenance and repairs. Maintenance and repairs are to be conducted in a timely manner on all pumps, building structures, and electrical equipment; records are to be retained for a minimum of three (3) years. The Superintendent can request records at any time.
2.
Operational procedures. Operational procedures are to be submitted in writing to the Superintendent or designee for approval to operate lift station. The lift station is to be operated in accordance with the approved procedures. No changes are permitted without prior approval from the Superintendent or designee.
3.
Emergency notification requirements. Significant equipment failures, sewer line backups or any sewer overflows are to be reported immediately to the City of Meridian wastewater treatment plant (POTW) twenty-four-hour telephone number, (208) 888-2191.
4.
Insurance. Insurance is to be carried by the lift station owner at the owner's expense. Coverage will cover hazards of fire, lightning, flood, explosion, or unavoidable casualty.
5.
Right of entry. The City of Meridian retains the rights of entry to any private lift station site and/or access any associated equipment during any time; for inspection purposes and/or to take the appropriate action to prevent a permit violation; as defined by POTW NPDES permit requirements and/or prevent public health/safety issues.
(Ord. 08-1389, 10-28-2008, eff. 10-28-2008)
Cross reference— See subsection 9-4-26C of this chapter.
A.
Maintenance of lines; digging in streets. All users of the sewer system shall keep their pipe connections and other apparatus in good repair and protected from freezing at their own expense, but no person, except under the direction of the public works department, shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or to tap into any such lateral or trunk line in any manner.
B.
Work by contractor, license required. Any contractor excavating within the limits of the public right-of-way shall possess a valid public works contractor's license for that specialty.
(Ord. 04-1105, 10-5-2004)
A.
User responsibility. All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own sewer lines extending from their property improvement (i.e., house or building) until such sewer lines pass the vertical plane of the public right-of-way. This maintenance liability of the user includes ensuring that the entire sewer service line from the public right-of-way is clear and free from obstructions. The City shall be responsible for the structural repair of the portion of the sewer service line located in the public right-of-way. If a sewer easement specifies maintenance liability other than as set forth in this provision, the provisions of the sewer easement shall prevail.
B.
Nonconflicting provisions. This section shall not be construed to be in conflict with Section 9-4-33 of this Chapter, which states that no person shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or tap into any such lateral or trunk line in any manner without the public works department's authorization. Any such person must also obtain permission from other entities holding jurisdiction over the public right-of-way or the easement grantor to perform work within the street, alley, sidewalk or easement for which the user is liable.
(Ord. 04-1105, 10-5-2004; Ord. No. 22-1991, § 1, 9-6-2022)
No user of the city sewer service shall permit or allow any person from any other premises or any unauthorized person to discharge sewage into said system and the permit to connect with the sewer system shall be limited to the person and the premises designated in the permit. Any violation of this section by either the permit holder or an unauthorized person shall be deemed a misdemeanor. Any such violations shall be grounds for the Superintendent to withhold sewer service, without notice of termination of service, and the Superintendent may require the Water Superintendent to terminate water service. In appropriate circumstances the Superintendent may require that a separate service connection is put in for each user.
(Ord. 04-1105, 10-5-2004)
The city shall not be held liable for damages to any sewer user or his property by reason of a stoppage or other interruption of his water supply or sewer disposal service caused by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer or water system or from other unavoidable causes beyond the control of the city.
(Ord. 04-1105, 10-5-2004)
A.
Damaging property. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer works.
B.
Depositing garbage. It shall be unlawful for any person to deposit any garbage, rubbish, sod, lawn clippings and yard debris, construction materials, dead animals or any substance, liquid or solid, having a tendency to obstruct the flow of the sewer in any manhole, cleanout or sewer opening, or which is prohibited by any other portion of this chapter, the pretreatment regulations in chapter 2 of this title, or any state or federal regulation.
(Ord. 04-1105, 10-5-2004)
A.
Notice of violation; responsibility for remedy. Any person found to be violating any provisions of this chapter, other than for nonpayment of a sewer bill, shall be served by the city with a written notice stating the nature of the violation and providing three (3) working days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the city has to make the correction(s) or repair(s).
B.
Penalty imposed. Any person who shall continue any violation, beyond the time limit provided for in this section shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment, for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
C.
Liability to city for loss or damage. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation and, for other than nonpayment of sewer bill violations, may have their sewer and water supply terminated after the above three (3) working day notice period has expired.
D.
Cumulative penalties. These penalties shall not be construed to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for in this Code or the criminal code of the state; as an example, a person injuring the sewer system could be criminally charged with malicious injury to property. For all violations initially charged as a criminal violation, the notice provisions provided for in this chapter shall not apply.
(Ord. 04-1105, 10-5-2004)