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.

It shall be protected from backflow of sewage by installation of a backflow prevention device of an approved type and in the manner prescribed by the City Superintendent. Any such backflow device shall be installed by the applicant for sewer service at the sole cost and expense of the applicant. The maintenance of the backflow device shall be the sole obligation of the permit holder or their successor(s) in interest. The City shall be under no obligation to ascertain the operating condition of the backflow device.

Exception: Where a sewer serves plumbing fixtures that are located more than one (1) foot above the rim elevation of the upstream manhole or rod hole in the reach of sewer main into which the sewer service line connects.

Source: 809, 939

H-3-11 CONNECTION PERMIT REQUIRED

No person shall make connection of roof downspouts, 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 unless such connection is approved by the Director of Public Works or his designee for purposes of disposal of surface or groundwater drainage and a permit to discharge has been issued pursuant to H-3-16.

Source:

Authority: SDCL 9-32-9

H-3-12 INSPECTION

The applicant for the building sewer permit shall notify the Director of Public Works or his designee when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Director of Public Works or his designee.

Source:

Authority: SDCL 9-32-9

H-3-13 EXCAVATION AND BARRICADE REQUIREMENTS

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.

Source:

Authority: SDCL 9-32-9

H-3-14 DISCHARGE OF POLLUTED WATERS

No person shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the Director of Public Works or his designee.

Source:

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

H-3-15 DISCHARGE OF UNPOLLUTED WATERS

Storm water other than that exempted under H-3-14 and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director of Public Works or his designee and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Director of Public Works or his designee, to a storm sewer, combined sewer, or natural outlet.

Source:

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

H-3-16 PERMIT TO DISCHARGE

Notwithstanding the provisions of H-3-14 or H-3-15, any person, corporation, partnership, or business may discharge unpolluted subsurface water from basement sump pumps into the sanitary sewer between October 15 and April 1, provided a permit for discharging has been obtained from the Director of Public Works or his designee. Said permit to discharge shall become null and void upon repeal of this chapter.

Source:

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

H-3-17 ITEMS NOT ALLOWED TO BE DISCHARGED

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

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

B. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure, impair the treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

C. Any waters or wastes having a pH lower than five and 5/10 (5.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, ungrounded garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders

Source:

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

H-3-18 CONCENTRATIONS OR QUANTITIES

The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Director of Public Works or his designee may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Director of Public Works or his designee will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Director of Public Works or his designee are as follows:

A. Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit or sixty-five (65) degrees Celsius.

B. Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

C. Wastewater from industrial plants containing floatable oils, fat, or grease.

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. 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 H-3-18.

Source:

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

H-3-20 ECONOMIC IMPACT

When considering the above alternative, the Director of Public Works or his designee shall give consideration to the economic impact of each alternative on the discharger. If the Director of Public Works or his designee permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Council.

Source:

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

H-3-21 INTERCEPTORS REQUIRED

Grease, oil, and sand interceptors shall be provided by the user when, in the opinion of the Director of Public Works or his designee, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in H-3-19, 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 Director of Public Works or his designee, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the Director of Public Works or his designee. Any removal and hauling of the collected materials not performed by the owner or the owner’s personnel must be performed by currently licensed waste disposal firms.

Source:

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

H-3-22 OWNER’S EXPENSE

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

Source:

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

H-3-23 METERS REQUIRED FOR OBSERVATION, SAMPLING, AND MEASUREMENT

When required by the Director of Public Works or his designee, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Public Works or his designee. The structure 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.

Source:

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

H-3-24 INFORMATION TO DETERMINE COMPLIANCE

The Director of Public Works or his designee may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:

A. Wastewaters discharge peak rate and volume over a specified time period.

B. Chemical analysis of wastewaters.

C. Information on raw materials, processes, and products affecting wastewater volume and quality.

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

H-3-27 VIOLATIONS

No 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 wastewater facilities. Violation of this section is punishable according to the provisions of chapter T, and this remedy is in addition to the ability of the City to recover the cost of repair.

Source:

Authority: SDCL 9-19-3, 9-29-1, 9-32-9, 22-34-28

H-3-28 POWERS AND AUTHORITY OF INSPECTORS

The Director of Public Works or his designee and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter, at reasonable times, upon all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharges into the community sewer system, in accordance with the provisions of this ordinance.

The Director of Public Works or his designee or other duly authorized employees are authorized to obtain information concerning industrial processes that have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information that it demonstrates, to the satisfaction of the Director of Public Works or his designee, constitutes a trade secret or would result in advantage to competitors if revealed to the public.

Source:

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

H-3-29 HEARING BOARD

A hearing board shall be appointed as needed for arbitration of differences between the Director of Public Works or his designee and sewer users on matters concerning interpretation and execution of the provisions of this ordinance by the Director of Public Works or his designee. The cost of the arbitration will be divided equally between the City and the sewer user.

The hearing board shall consist of the City Council, Mayor, and any specialist so deemed necessary.

Source:

Authority: SDCL 9-8-5

H-3-30 PENALTIES

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