MUNICIPAL SEWER

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H-3 MUNICIPAL SEWER

H-3-1 PURPOSE

The purpose of this chapter is to establish rules and regulations regarding the proper use of the municipal sewer system, connection requirements thereto, and penalty provisions for non-compliance.

Authority: SDCL 9-48-2

H-3-2 DEFINITIONS

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

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

B. “Building” shall mean any vehicle utilized for human occupancy for more than ten (10) days within a thirty (30) day period unless otherwise authorized by ordinance.

C. “Building drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet or one and 5/10 (1.5) meters outside the inner face of the building wall.

D. “Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

E. “Combined sewer” shall mean a sewer intended to receive both wastewater and storm or surface water.

F. “Easement” shall mean an acquired legal right for the specific use of land owned by others.

G. “Floatable oil” shall mean fat, oil, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

H. “Garbage” shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

I. “Hearing board” shall mean that board appointed according to provision of H-3-29.

J. “Industrial wastes” shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

J. “May” is permissive (see “shall”).

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

M. “Person” shall mean any individual, firm, company, association, society, corporation, or group.

N. “pH” shall mean the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter, of solution. Neutral water, for example, has a pH value of seven (7) and a hydrogen ion concentration of ten-7 (10-7).

O. “Properly shredded garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch or one and 27/100 (1.27) centimeters in any dimension.

P. “Public sewer” shall mean a common sewer controlled by a governmental agency or public utility.

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

R. “Sewage” is the spent water of a community. The preferred term is “wastewater.”

S. “Sewer” shall mean a pipe or conduit that carries wastewater or drainage water.

T. “Sewer main” shall mean a sewer pipe designed to carry discharge of more than one (1) sewer.

U. “Shall” is mandatory (see “may”).

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

W. “Storm drain” (sometimes termed “storm sewer”) shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

X. “Superintendent” shall mean the superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the City of Fort Pierre, his authorized deputy, agent, or representative.

Y. “Total suspended solids (TSS)” shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.

Z. “Unpolluted water” shall mean water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

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

bb. “Wastewater facilities” shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

cc. “Wastewater treatment works” shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant.”

dd. “Watercourse” shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

Source:

Authority: SDCL 9-48-2

H-3-3 USE OF PUBLIC SEWERS REQUIRED

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

B. It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater within two hundred (200) feet of an existing municipal system.

C. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes in which plumbing facilities are installed, situated within the City, fronting or abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required, at such owner’s expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within sixty (60) days after date of official notice to do so.

Authority: SDCL 9-48-53

D. Notwithstanding the subdivision requirements set forth in chapter Q, any proposed installation of sewer main shall be accomplished in accordance with provisions of this chapter at the expense of the private party.

E. The person requesting the installation of sewer main (hereinafter “private party”) shall be responsible for all material costs associated with the installation of the sewer main, including but not limited to, sewer main pipe, saddles, number of manholes, required lift stations, clean outs and “Y” connections, and other pertinent apparatus necessary to extend or connect to the existing municipal sewer system. The materials shall be purchased by the City and the cost shall be reimbursed to the City by the private party prior to installation. The City shall be responsible for installing and maintaining the sewer main. The private party shall be responsible for the materials and labor associated with the installation and maintenance of all sewer service lines.

F. Prior to commencement of the sewer main or lift station installation a license for the use of public right-of-way for construction purposes must be secured from the City together with a contract for such installation. The contract shall incorporate the plans and specifications approved by the South Dakota Department of Environment and Natural Resources, including but not limited to the location of the proposed sewer main, size of sewer main, number of manholes, required lift stations, clean outs, and “Y” connections, allow for other parties to tap into or extend the sewer main, provide for the collection of an installation fee, establish the amount of the installation fee to be charged by the private party to potential users of such installation on a per linear foot or per square foot basis and provide for the transfer of ownership of the main to the City as required by H-3-3.

G. The private party may collect an installation fee from all potential users, except the City of Fort Pierre, seeking to tap the sewer main by assessing the lot or parcel fronting or abutting the sewer main at a rate not to exceed eighty percent (80%) of the original installation cost on a per linear foot or per square foot basis.

H. Except for the City of Fort Pierre and the private party, all potential users connecting to the sewer main or lift station for the purpose of extending the sewer main or for tapping the sewer main for a service line shall pay to the City any current municipal tapping fee in addition to the installation fee required in by H-3-3.

I. Except for the City of Fort Pierre and the private party, all potential users connecting to the manhole or lift stations for the purpose of extending the sewer main and who are not subject to the installation fee shall pay the private party an amount equal to the City’s current tapping fee in addition to the tapping fee to the City.

J. All installation fees and tapping fees payable to the private party or to the City of Fort Pierre must be paid in full prior to the issuance of a building permit.

K. On the fifth anniversary of the sewer main contract, or earlier if the private party has already recouped his costs or if the owner has selected a lesser period of time, whichever is sooner, for sanitary sewer improvements less than 2,000 lineal feet or less than $50,000 in total construction cost, the private party shall deliver a bill of sale transferring ownership of the sewer main, manholes, and lift station to the City for the sum of One Dollar ($1).

L. On the tenth anniversary of the sewer main contract, or earlier if the private party has already recouped his costs or if the owner has selected a lesser period of time, whichever is sooner, for sanitary sewer improvements greater than 2,000 lineal feet or greater than $50,000 in total construction cost, the private party shall deliver a bill of sale transferring ownership of the sewer main, manholes, and lift station to the City for the sum of One Dollar ($1).

Source: Ord. 814

Authority: SDCL 9-29-1, 9-48-2

H-3-4 PRIVATE WASTEWATER DISPOSAL

Where a public sanitary or combined sewer is not available under the provisions of H‑3-3, the building sewer shall be connected to a private wastewater disposal system complying with H-3-4.

Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the City Superintendent or his designee. The application of such a permit shall be made on a form furnished by the City, which the applicant shall supplement with any plans, specifications, and other information as are deemed necessary by the City Superintendent or his designee. A permit and inspection fee, as provided and established by resolution, shall be paid to the City at the time the application is filed.

A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the City Superintendent or his designee. The City Superintendent or his designee shall be allowed to inspect the work at any stage of construction and, in any event, the application for the permit shall notify the City Superintendent or his designee when the work is ready for final inspections and before any underground portions are covered.

The type, capacities, location, and layout of a private wastewater disposal system shall comply will all recommendations of the South Dakota Department of Public Health. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in H-3-4, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

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

No statement contained in H-3-4 shall be construed to interfere with any additional requirements that may be imposed by the South Dakota Department of Health.

Source:

Authority: SDCL 9-29-1, ch. 9-48, 9-48-2

H-3-5 PERMIT NECESSARY TO UNCOVER, OPEN, USE, ALTER, OR DISTURB ANY PUBLIC SEWER

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 Director of Public Works or his designee.

H-3-6 CLASSES OF SEWER PERMITS

There shall be two (2) classes of building sewer permits: Residential, and Non-Residential. In either case, 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 Director of Public Works or his designee. A connection fee shall be paid to the City at the time the application is filed.

Source:

Authority: SDCL 9-48-2

H-3-7 OUT-OF-CITY CONNECTIONS

Each residential or non-residential sewer line outside the corporate limits of the City connected to the municipal sewer system for the purpose of treating or disposing of private sewage or industrial waste, whether originating within the municipality, within one (1) mile of the corporate limits, or from sewer districts established in accordance with state statute, shall be covered by an agreement/permit between the City of Fort Pierre and the owner. The agreement/permit must stipulate rates, billing procedures, and other provisions as the City may determine appropriate for the privilege of using the municipal sewer service.

Source:

Authority: SDCL 9-48-32, 9-48-33

H-3-8 SEPARATE AND INDEPENDENT SEWER FOR EACH BUILDING

A separate and independent building sewer shall be provided for every building. Exceptions may be allowed only by written permission of the Director of Public Works or his designee upon written finding that no adverse effect upon human health or operation of the sewer system will be experienced and that it is economically unfeasible to create a separate sewer system. If written permission is granted, it shall be so indicated on the permit application filed in accordance with H-3-6.

Source:

Authority: SDCL 9-29-1, 9-48-2

H-3-9 USE OF OLD BUILDING SEWER LINES

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

H-3-10 CONSTRUCTION STANDARDS

Installation shall meet or exceed minimum standards set forth in the National Standards Plumbing Code as currently adopted and amended by the South Dakota Plumbing Commission.

Whenever any of the following conditions exist, then a sewer backflow preventer shall be installed:

a. New construction where the sewer is proposed to be connected to the municipal sewer system,

b. When substantial (greater than 50% value) remodeling occurs, or

c. When an existing sewer service line is replaced.

D. Any garbage that has not been properly shredded (see H‑3‑2). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

E. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Director of Public Works or his designee for such materials.

F. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Director of Public Works or his designee.

G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director of Public Works or his designee in compliance with applicable state or federal regulations.

H. Quantities of flow, concentrations, or both which constitute a “slug” as defined herein.

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

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

Source: ORD530; ORD538, 2/7/83

Authority: SDCL 9-29-1, 9-32-9

H-3-19 ALTERNATIVES FOR CONTROL

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 H‑5‑16, and which, in the judgment of the Director of Public Works or his designee, may have a harmful effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works or his designee 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. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

E. A plot plan of sewers of the user’s property showing sewer and pretreatment facility location.

F. Details of wastewater pretreatment facilities.

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

Source:

Authority: SDCL 9-29-1, 9-32-9

H-3-25 SAMPLING METHODS

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

Source:

Authority: SDCL 9-29-1, 9-32-9

H-3-26 SPECIAL ARRANGEMENTS ALLOWED

No statement contained in H-3-14 shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment.

Source:

Authority: SDCL 9-29-1, 9-32-9

Any person found to be violating any provision of this ordinance, except H-3-27, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

H-3-31 SEPARABILITY

A. 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 penalized according to the provisions of Chapter T for each violation. Each day in which any such violation shall continue shall be penalized according to the provisions of chapter T.

B. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. If compliance is not made as required in notice, the City may rectify the condition and impose a lien upon property where violation occurred.

Source:

Authority: SDCL 9-19-3, 9-32-9

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