Isle of Wight County. Sewer Ordinance. Page 1 of 30

Transcription

1 Isle of Wight County Sewer Ordinance Page 1 of 30

2 Chapter 14 SEWERS AND SEWAGE DISPOSAL ARTICLE I. IN GENERAL Sec Effective date... Page 6 of 29 Sec Sanitary facilities - Required... Page 6 of 29 Sec Definitions... Page 6 of 29 Sec Liability of county for furnishing services...page 10 of 29 Sec Unlawful to discharge, etc., wastes into system after water service discontinued...page 10 of 29 Sec Right of access of County...Page 10 of 29 Sec Additional rules and regulations...page 10 of 29 Sec Effect of chapter on existing agreements...page 11 of 29 Sec Authority of Director of Public Utilities to enter agreements....page 11 of 29 Sec Penalty....Page 11 of 29 Sec Alternative Sewage Disposal Options...Page 11 of 29 ARTICLE II. ANNUAL, SEWER RENTALS Sec Imposed, when effective....page 11 of 29 Sec Amounts generally...page 11 of 29 Sec Nonresidential improved property to have measuring device....page 12 of 29 Sec Separate meters for certain nonresidential customers...page 12 of 29 Sec Calculation of charges where meter device not used...page 13 of 29 Sec Billings Generally...Page 13 of 29 Page 2 of 30

3 Sec Installation of meters or unmetered improved property...page 13 of 29 Sec Charges for less than one billing period....page 13 of 29 Sec Establishment of different classifications and charges....page 13 of 29 Sec Other Charges...Page 13 of 29 Sec Authority of county to enter into separate agreements...page 13 of 29 ARTICLE III. CONNECTION CHARGES Page 14 of 29 Sec Charges generally....page 14 of 29 Sec Installment payments....page 15 of 29 Sec Reserved...Page 16 of 29 ARTICLE IV. REQUIRED USE OF SEWERS AND RESPONSIBILITY OF PROPERTY OWNERS. Sec Mandatory connection--generally...page 16 of 29 Sec Reserved...Page 16 of 29 Sec Responsibility of owner or tenant...page 16 of 29 Sec Placing, etc., certain wastes in county prohibited...page 16 of 29 Sec Certain discharge prohibited...page 17 of 29 Sec Reserved...Page 17 of 29 ARTICLE V. APPLICATIONS FOR SERVICE Sec Who shall apply....page 17 of 29 Sec Plan to accompany application...page 17 of 29 Page 3 of 30

4 ARTICLE VI. BUILDING SERVICE CONNECTIONS Sec Permits--Required...Page 17 of 29 Sec Same--Applications...Page 17 of 29 Sec Conditions to be fulfilled...page 17 of 29 Sec Building or dwelling unit to be connected separately....page 19 of 29 Sec Costs to be borne by owner....page 19 of 29 Sec Construction standards-generally....page 19 of 29 Sec Same--Property served by own system...page 19 of 29 Sec Inspections required...page 19 of 29 Sec Maintenance of building sewer...page 19 of 29 Sec Excavations to be barricaded; repair of streets, etc...page 20 of 29 ARTICLE VII. RESERVED* Sec Reserved...Page 20 of 29 ARTICLE VIII. DEPOSITS Sec Authority of county to require....page 20 of 29 Sec To whom article applicable....page 20 of 29 Sec Refunds....Page 20 of 29 ARTICLE IX. COLLECTION OF FEES, CHARGES, ETC. Sec Payment of connection charge...page 21 of 29 Sec Collection of unpaid sums...page 21 of 29 Page 4 of 30

5 Sec Billing procedure-generally....page 21 of 29 Sec Same--Billing of sewer charges, etc., with water bill...page 21 of 29 Sec Same--Bills to be mailed to owner's address...page 22 of 29 Sec Same--Second billing notice...page 22 of 29 Sec Unpaid charges, etc., to constitute lien...page 22 of 29 ARTICLE X. VACANT PREMISES, CHANGES IN OCCUPANCY, ETC. Sec Credit, refunds, etc., prior to notice to discontinue service....page 22 of 29 Sec Right of county to discontinue service until new application for service made...page 22 of 29 Sec Consumers vacating premises to notify county.page 22 of 29 Sec Credit not allowed for service resumed within ninety days Page 22 of 29 Sec Connection to demolished building to be sealed Page 23 of 29 ARTICLE XI. SEWER LINE EXTENSIONS AND SYSTEM IMPROVEMENTS. Sec Extensions-Residential areas....page 23 of 29 Sec Same--Commercial and industrial property...page 23 of 29 Sec Same--When required....page 23 of 29 Sec Same--Collection main...page 24 of 29 Sec Same--Determinations by Director of Public Utilities....Page 24 of 29 Sec Reserved...Page 24 of 29 Sec Reserved...Page 24 of 29 Sec Standards for construction; costs of improvements to be borne by developer...page 24 of 29 Page 5 of 30

6 Sec Reserved...Page 24 of 29 ARTICLE XII. PROHIBITED WASTES, TREATMENT AND USE OF PUBLIC SEWERS. Sec Wastes to be discharged into system....page 24 of 29 Sec Stormwater, etc., not to be discharged into sanitary sewer....page 24 of 29 Sec Prohibited wastes enumerated...page 25 of 29 Sec Pretreatment facilities....page 27 of 29 Sec Reserved...Page 27 of 29 Sec Special agreements with county....page 28 of 29 ARTICLE XIII. ADMISSION OF INDUSTRIAL WASTES INTO SYSTEM AND SURCHARGE DETERMINATIONS. Sec Permits for certain industrial wastes -- Required...Page 28 of 29 Sec Same -- Applications -- Generally....Page 28 of 29 Sec Same -- Same -- Form....Page 28 of 29 Sec Survey analysis may be required...page 28 of 29 Sec Certain facilities may be required for pretreatment...page 28 of 29 Sec Plans, etc., for pretreatment facilities...page 29 of 29 Page 6 of 30

7 ARTICLE I. IN GENERAL Sec Effective date. This chapter is effective as of July 1, 1997, and upon its adoption supersedes all previous chapters of like title and subject matter. Sec Sanitary facilities - Required. (a) No person shall construct or allow to be constructed or maintain or use or permit on any premises owned by him, an arrangement for the disposal of human excrement which may possibly endanger any source of drinking water, or which allows flies to have access to human excrement or which is unsafe, unhealthy or unsanitary; (b) Every house used as human habitation and every establishment where human beings are employed,or may possibly congregate, shall be connected to the county sewer system or provided by the owner or owners thereof with approved sanitary facilities for the catchment and receiving of human excrement; (c) If an outside privy or septic tank be used it shall be built in accordance with the specifications of the state and County health department. Sec Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: BOD (biochemical oxygen demand): The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty (20) degrees centigrade. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association. Building or dwelling unit: (1) Any single family residential structure or (2) Any combination of structures owned by one person, or jointly by a number of persons as co-tenants, joint tenants or tenants-by-theentireties and occupied as a residence or farm by a single family; or (3) Each separately owned, leased or occupied part of structures physically connected in a series, whether the series be vertical or horizontal, such as row houses, townhouses, duplex houses, twin houses, condominiums, row or stores or physically connected commercial or industrial structures, etc., or Page 7 of 30

8 (4) Each apartment in, or each separately leased or occupied part of or to be separately leased or occupied part of any multiple occupancy structure; or (5) Any single and separate structure owned by one person, or jointly by a number of persons as co-tenants, joint tenants or tenants-by-theentireties and used by the owner or single lessee or occupant thereof, only for agricultural, commercial, governmental, or industrial purposes; or (6) Any other land or separate structure not classified herein is a building. The County reserves the right to determine the classification and use of any structure. Building Drain: Building Service or Building Sewer: Chlorine demand: Color of an industrial waste: Consumer or customer: Development: Dissolved solids: Domestic waste: That part of the lowest horizontal piping of a drainage system which receives sewer waste inside the walls of the building and conveys it to the building sewer at a point five (5) feet outside the inner face of the building wall. The pipe for conveying waste from the building drain to the public sewer system or other place of disposal The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of one tenth (0.1) ppm, after fifteen (15) minutes of contact. The color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles. The person legally or equitably responsible for the payment of charges for sewer services rendered by the County. The improvement of zoned residential, commercial, industrial or public property in accordance with county land use, comprehensive and facilities planning. The anhydrous residues of the dissolved constituents in water or wastewater. The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. Page 8 of 30

9 Equivalent dwelling unit (EDU): Ground garbage: HRSD Improved property: Industrial establishment: Industrial wastes: New premise, building or dwelling unit: Manhole: Official connection notice: The conversion, with respect to water consumption of multiresidential, commercial, industrial and institutional connectors into their residential equivalents on the basis of water use established for a living unit consisting of three and five-tenths (3.5) persons. Garbage that has been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particle greater than one-half inch in any dimension. H.R.S.D.: Acronym for Hampton Roads Sanitation District which is the regional agency that provides regional transmission and treatment facilities for wastewater. Any property within the county upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals, and from which structure sanitary sewage or industrial wastes shall be or may be discharged. Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article, or from which any process waste, as distinct from domestic waste, shall be discharged. Any liquid or gaseous substance, whether or not solids are contained therein, discharge from any industrial establishment during the course of any industrial, manufacturing, trade, or business process, or in the course of the development, recovery, or processing of natural resources, as distinct from domestic waste. Any premise, building or dwelling unit constructed on property abutting a county sewer line; provided, however, that such construction occurs after the installation of such sewer line. A shaft or chamber leading from the surface of the ground to a sewer; large enough to enable a man to gain access to the latter. A notice in letter form sent by certified mail, return receipt requested, from the County to the owner of premises, buildings or dwelling units Page 9 of 30

10 abutting a county sewer line giving notice to the owner that the sewer line is available for connection thereto. Owner: ph: Plumbing Code: Premise: Sanitary sewer or main: Service connection or lateral: Sewage: Sewer System: Any person vested with ownership, legal or equitable, sole or partial, of any property located in the county. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance. A stabilized "ph" will be considered as a "ph" which does not change beyond the specific limits when the waste is subjected to aeration. It shall be determined by one of the accepted methods described in the latest edition of "Standard Methods for Examination of Water and Sewage" published by the American Public Health Association. The most current edition of the Building Officials and Code Administrators International Inc., Plumbing Code, which constitutes part of the Virginia Uniform Statewide Building Code. A building under one roof owned by one or more parties and occupied as one residence or business, or combination of buildings owned by one or more parties in one common enclosure and occupied by one family or business, or each division of a double or tenant house having a vertical partition or wall, or a building of more than one apartment and having one or more entrances, or a building having a number of apartments or offices or both and having one or more entrances. Any pipe or conduit extending within public right-of-way parallel or nearly parallel to the line of property abutting thereon and usable for sewage collection purposes, and to which storm, surface and ground waters are not admitted. That portion of the individual property service line wholly contained within public right-of-way. The water-carried wastes from residences, business buildings, institutions and industrial establishments. All facilities, as of any particular time, for collecting, pumping, treating or disposing of domestic waste or industrial wastes on public owned property or right-of-way. Page 10 of 30

11 Suspended solids: Toxic substance: Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtration. Any noxious or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in any sewer system. Sec Liability of county for furnishing services In applying for services, each owner and each customer expressly stipulates and agrees to the following, in consideration of the service furnished by the County: (a) (b) The County shall not be liable to either the owner or the customer, and no claims shall be made by either against the County on account of damages from clogged or stopped mains, pipe or attachment to the County's facilities; The County shall not be liable for any deficiency or failure in supplying sewer service occasioned by cessation of service to make repairs, any temporary restrictions in the use of sewer services during emergency periods, any restrictions or orders imposed by any government or governmental agency, or failure from any other cause. Sec Unlawful to discharge, etc., wastes into system after water service discontinued It shall be unlawful for any person whose water or sewer service has been discontinued, to discharge, empty or dump, or cause to be discharged, emptied or dumped, any domestic waste or industrial waste into the sewer system or sewage disposal works. Any violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00). Each day's continuance of such violation shall constitute a separate offense. Such conviction shall not relieve any such owner, lessee, or tenant from payment of the sewage disposal service charges imposed by the provisions of this chapter. Sec Right of access of County. The County shall have the right of access at all times to any part of any improved property served by the sewerage system as shall be required for purposes of, but not limited to, inspection, observation, measurement, sampling and testing, and for performance of other functions relating to service rendered by the County through the sewerage system. Sec Additional rules and regulations The County reserves the right to adopt, from time to time, such additional rules and Page 11 of 30

12 regulations as it shall deem necessary and proper in connection with use and operation of the sewerage system, which rules and regulations shall become effective as though set forth herein. Sec Effect of chapter on existing agreements No provision herein contained shall be construed so as to provide either automatic extension of any existing agreements of the County, or the alteration or impairment of such existing agreements prior to their termination date. Sec Authority of Director of Public Utilities to enter agreements The Director of Public Utilities is hereby authorized to enter into agreements on behalf of the County where unusual or complex situations exist that are not covered in this chapter. Sec Penalty. Any person found to be in violation of any provision of this chapter for which no other penalty is provided shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00). Each day of failure to comply with a requirement of this chapter shall constitute a separate offense. Sec Alternative Sewage Disposal Options When the extension of the conventional sewer system is not currently planned and septic tank technology is not an economically viable option, the County may authorize the installation of temporary alternative sewage disposal options, provided that such options are deemed effective and are approved by all applicable regulatory agencies such as the Virginia Department of Health and the Isle of Wight County Health Department. Connection to county sewer facilities shall be required, should such facilities become available at any point in the future. ARTICLE II. ANNUAL, SEWER RENTALS Sec Imposed, when effective Sewer rentals or charges are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner of each improved property which shall be connected to the sewerage system for use of the sewerage system whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as of the date of application of each such improved property to the sewerage system. Page 12 of 30

13 Sec Amounts generally Sewer use or rental charge shall be determined on the following basis: (a) Except as other-wise provided in this chapter, sewer rentals for domestic, public, commercial, industrial and other disposal wastes discharged into the sewerage system from any improved property shall be based upon the following rate schedule: I) Single and Multi-Family Residences - The bi-monthly user fee shall be $24.00 per unit; II) Hotels and Motels - The bi-monthly user fee shall be a minimum of $24 per unit or $2.50 per thousand gallons or fraction thereof, whichever is greater; III) Restaurants - The bi-monthly user fee shall be a minimum of $50 or $2.50 per thousand gallons or fraction thereof, whichever is greater; IV) Shopping Centers - The bi-monthly user fee shall be a minimum of $50 per unit or $2.50 per thousand gallons or fraction thereof, whichever is greater; V) Industrial Facility - The bi-monthly user fee shall be a minimum of $50 or $2.50 per thousand gallons or fraction thereof, whichever is greater; VI) Unusual Cases - For any sewer connection that is considered an unusual case by the County, (i.e. not included in I-V) the bi-monthly charge shall be determined by the County after considering the circumstances of said application; (b) Any premise, building or dwelling unit connected directly to the HRSD system shall pay to the County a sewer use or rental charge equal to ½ that provided for in the preceding paragraph (a). Sec Nonresidential improved property to have measuring device. All nonresidential improved property which is connected to the sewerage system may be required to install, maintain and operate water use measuring devices, approved by the County, on public and private water supply services. Sec Separate meters for certain nonresidential customers Nonresidential customers may, if they so desire, meter that portion of their water usage that enters the sewerage system separately from that which is discharged or used in such a manner that it does not enter the sewerage system. Both meters shall be provided, maintained and operated y the water customer in a manner satisfactory to the County. There shall be no sewer use charge for water usage which is metered separately and does not enter the sewerage system. Page 13 of 30

14 Sec Calculation of charges where meter device not used. When in the judgement of the County it is impractical to utilize measuring devices as required by this chapter, sewer use charges shall be determined by such other method as consistent with current state or federal standards and approved by the County. Sec Billings Generally. No owner of improved properties shall be billed, as to each property, for less than one EDU. The minimum rental shall be applied to each billing period. Sec Installation of meters or unmetered improved property Any owner of unmetered improved property may, with the written approval of the County, install an approved sealed meter or meters under the County's supervision, for the purpose of determining water usage or the amount of sewage discharged into the sewerage system. Upon the basis of readings from such meter or meters for a period of at least twelve (12) months, the County may redetermine the number of EDU's for which such improved property shall be billed. Sec Charges for less than one billing period For service periods of less or more than one billing period, the sewer rental and the computation of the volume of water consumed or the volume of discharge to the sewerage system as applicable shall be proportionately adjusted. No credit refund or allowance shall be made for nonusers of service, once a sewer connection has been made to improvements upon all property. Sec Establishment of different classifications and charges Additional classifications and sewer rentals may be established by the County from time to time as deemed necessary. Sec Other Charges Any premise, building or dwelling unit connected to the county sewer system shall also pay the applicable HRSD treatment fees, which may from time to time be adjusted by the provider of the treatment service. Sec Authority of county to enter into separate agreements. Nothing herein contained shall be deemed to prohibit the County from entering into separate agreements with owners where, due to seasonable fluctuations or other unusual circumstances, the sewer rental set forth herein shall be deemed by the County to be unfair or inequitable. ARTICLE III. CONNECTION CHARGES Page 14 of 30

15 Sec Charges generally (a) Prior to the connection of any premises, building or dwelling unit to a county sewer system, the applicant shall pay a connection fee based on the size of water meter service. Except as provided herein, the following connection fees shall apply: Water Meter Size Connection Fee 5/8 inch $ 4, /4 inch $ 4, inch $ 6, ½ inch $ 9, inch $16, (b) (c) (d) When the meter size of the connection exceeds the sizes set forth above, the applicant shall be required to pay a connection fee as determined by the County; When application for service, including payment of fees, for existing single family residential, commercial or industrial services is made within ninety (90) days after receipt of official connection notice, the connection fees due will be reduced to one-third (1/3) of the amounts in (a); Amended , (Amended June 15, 2000) (Amended July 20, 2000) When application for service, including payment of fees, for single family residential services is made for a system installed totally by a developer and conveyed to the County at no cost, the connection fees due will be reduced to 60% of the amounts in (a); (Amended June 15, 2000) For a meter serving one unit or serving more than one unit, the connection fee shall be: Type Fee Single-family, duplexes, houses, Connection fee (a) for apartments, condominiums, first dwelling unit plus $3, mobile home parks, etc. for each additional dwelling unit. Hotel, motel, travel trailer complex, hospital, nursing home, etc. Commercial, businesses, office, industrial, public buildings and all others Connection fee (a) plus number of units as defined by the department of public utilities divided by 5 x $3, Connection fee (a) plus $0.33 per square foot per gross floor area Page 15 of 30

16 (e) (f) (g) (h) (i) (j) Any premise, building or dwelling unit to be connected directly to the HRSD system, prior to sewer service becoming available, shall pay on-half of the applicable County connection fee prior to connection to the HRSD system. Any premises, building or dwelling unit to be connected to the county sewer system shall pay in addition to the county connection fee, the applicable Hampton Roads Sanitation District or Smithfield or Franklin fee which may from time to time be adjusted by these entities; It is the intent of this section that a connection fee be paid on a per unit basis whether each unit is individually metered or a master meter is installed for more than one unit; In those situations in which the premises, building or dwelling unit is served by either an unmetered water service provided by the County or by a privately owned water system, the sewer connection fee shall be based on the equivalent water meter size that would be required to serve such premises, building or dwelling unit. Such determination of equivalent meter size shall be made by the Department of Public Utilities; If the payment of a connection fee is required by the provisions of this article, then no building permit or other similar permit shall be issued by the County until the required connection fee is paid in full. No connection fee shall be required when connection is to be made to an existing lateral previously used by another building when no work is required by the County to ready said lateral for connection. Sec Installment payments. When the application for residential connection is made within ninety (90) days of receipt of the official notice, the applicant may pay the connection charge at a rate of twenty (20%) percent (minimum) down, paid at the time of making application and the remainder to be due and payable in equal bi-monthly payments over a two year period, together with interest thereon at the rate of eight (8) percent per annum. Application for installment payments shall only apply to residential connections and must be made during the initial ninety-day period. Installment payments due shall constitute a lien against the property. Surety shall be in a form acceptable to the County attorney. A contract for payment of the connection fee on an installment basis must be signed by both the property owner and the County. Failure of the property owner to pay the installment when due shall cause the imposition of a penalty of one and one-half (1 ½) percent per month and the County may, at its option, upon such failure declare the entire outstanding balance to be due and payable along with any expenses incurred by the County in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the property owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the County and the property owner, the County shall cause the property owner to be billed on a periodic basis and provide for the collection thereof. Payment by the property owner must be no less than the amount billed but may be for the full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any Page 16 of 30

17 outstanding balance be accepted. Sec Reserved. ARTICLE IV. REQUIRED USE OF SEWERS AND RESPONSIBILITY OF PROPERTY OWNERS. Sec Mandatory connection--generally. All new premises, building or dwelling units where sewer service is available shall connect to such main. All other existing premises, buildings or dwelling units where sewer service is available shall connect to such main within one (1) year of receipt of official connection notice, unless specifically otherwise provided for in this ordinance. Where service becomes available by virtue of extending the county system to serve other subdivisions or neighborhoods, connection to such main shall not be mandatory. All premises, buildings or dwelling units connected directly to the HRSD system may elect not to connect to the sewer system, however payment of all remaining balances of applicable fees and charges shall be required. Sewer is deemed to be available to the property to be connected if service can be provided without unreasonable cost or unusual construction techniques. As an example, a sewer is not available to a property when it is within the right-of-way but in order for said property to be served, the extension will involve unusual construction techniques such as boring and casing, unusual traffic problems, etc. Availability of sewer may be declared by the Director of Public Utilities based on costs to provide service, construction techniques or other unusual conditions. Sec Reserved Sec Responsibility of owner or tenant. The owner or tenants of each improved property connected to the sewerage system shall be responsible for all acts insofar as such acts shall be governed by this chapter. Sec Placing, etc., certain wastes in county prohibited It shall be unlawful for any person with access to public sewerage collection facilities to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the county, any human excrement or other objectionable sewerage wastes. Sec Certain discharge prohibited It shall be unlawful to discharge to any natural outlet within the county any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. Page 17 of 30

18 Sec Reserved ARTICLE V. APPLICATIONS FOR SERVICE Sec Who shall apply Any property owner desiring the introduction of a service connection from the main to the curb or property line shall first make written application on a form furnished by the County. Sec Plan to accompany application Each application shall be accompanied by a plan of the proposed service and payment of the required fee to the County. No work shall commence or service permitted until an approved application has been returned to the applicant by the County. ARTICLE VI. BUILDING SERVICE CONNECTIONS Sec Permits--Required. No person shall uncover, connect with, make any opening into, or use, alter, or disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing from the County. Sec Same--Applications Application for a permit shall be made by the owner of the improved property served or to be served, or his duly authorized agent who shall have proof of his authority satisfactory to the County. Sec Conditions to be fulfilled No person shall make or cause to be made a connection of any improved property with the sewer system until such person shall have fulfilled each of the following conditions: (a) (b) (c) (d) (e) Such person shall have notified the plumbing inspector of the County of the desire and intention to connect to the sewer system, and shall have otherwise satisfied any county requirements respecting such connection; Such person shall have applied for, and obtained, a permit; Such person shall have given the County and the plumbing inspector of the County at least twenty-four (24) hours prior notice of the time when such connection will be made so that the County may supervise and inspect the work of connection and necessary testing; Such person shall have furnished satisfactory evidence to the County that any connection charge or special fee, charged and imposed by the County and others against the owner of each improved property who connects such improved property to a sewer, has been paid. The person desiring sewer service shall sign a contract prepared for that Page 18 of 30

19 (f) (g) (h) (i) (j) purpose prior to receiving sewer service. A separate contract shall be required for each premises; When a sewer customer executes a contract for initial sewer service, or moves sewer service account from one location to another, a fee of twenty dollars ($20.00) shall be charged for establishing the new account and turning on the sewer at the new location, except as exempted herein; All sewer service customers shall pay a deposit prior to the initiation of sewer service, except those as exempted herein. The person desiring sewer service shall deposit with the County an amount equal to the average bill for that category of sewer customer for which sewer service, and any other additional fees charged on the sewer bill, is being requested for four (4) months. The amount of said deposit shall be determined administratively, and adjusted from time to time, as necessary; The contract and deposit may be transferred by the County from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the County; A customer may be exempted from the payment of deposit or new account fee if: (1) The customer was on a private sewer system acquired by the County, and the acquisition included a deposit previously paid by the customer, which is transferred to the County with the acquisition of the sewer system; (2) The customer was on a private sewer system acquired by the County, and the former owner of said system certifies to the satisfaction of the County as to the customer's satisfactory payment record; or (3) A customer has established a satisfactory credit rating with the County via an existing or previous sewer account. Any deposits paid by a sewer service customer and held by the County shall be returned, upon request, without interest, after said deposit has been held by the County for six (6) consecutive billing cycles provided said account has not been delinquent during this period. Should the account become delinquent at any time during said six (6) consecutive billing cycles the deposit shall be retained by the County until six (6) consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six (6) consecutive billing cycles said deposits may be credited to the next bill, or returned in cash, provided all outstanding charges and fees, if any, have been paid. (Amended July 20, 2000) Sec Building or dwelling unit to be connected separately Except as otherwise provided herein each structure containing four (4) or less buildings or dwelling units shall have each such building or dwelling unit connected separately and independently with the sewer system through a building sewer connection. Grouping of more than one building or dwelling unit on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of the County, in writing, shall have been secured and subject to such rules, regulations, and conditions as may be prescribed by the County. Cost shall not be considered good Page 19 of 30

20 reason for grouping. Sec Costs to be borne by owner. All costs and expenses of construction of a building sewer, and all costs and expenses of connection of a building sewer to the sewer system shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless the County from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to the sewer system. Sec Construction standards-generally A building sewer shall be connected to the sewer system in accordance with the Plumbing Code at the place designated by the County and where the lateral is provided. The invert of a building sewer at the point of connection shall be at a higher elevation than the invert of the lateral to which connection is to be made. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight. Sec Same--Property served by own system Where an improved property, at the time connection to the sewer system is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made; with proper fittings, to continue such house sewer line, as a building sewer. Sec Inspections required No building sewer shall be covered until it has been inspected and approved by the County's plumbing inspector. If any part of a building sewer is covered before being so inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the sewer system. Sec Maintenance of building sewer Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. Sec Excavations to be barricaded; repair of streets, etc. Every excavation for a building shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner or his duly authorized agent of the improved property being connected, in a manner satisfactory to the county. ARTICLE VII. RESERVED* Page 20 of 30

21 Sec Reserved. ARTICLE VIII. DEPOSITS Sec Authority of county to require All sewer service customers shall pay a deposit prior to the initiation of sewer service, except those as exempted herein. The person desiring sewer service shall deposit with the County an amount equal to the average bill for that category of sewer customer for which sewer service is being requested, including utility taxes based thereon, for four (4) months. The amount of said deposit shall be determined administratively, and adjusted from time to time, as necessary; Sec To whom article applicable. Consumers whose credit has not been established" shall include any consumer who does not own in fee the premises to which sewerage service is supplied, any consumer whose credit standing has been impaired by reason of previous non payment of bills and such other classes of consumers as the County may from time to time determine. Sec Refunds. (a) Any deposits paid by a sewer service customer and held by the County shall be returned, upon request, without interest, after said deposit has been held by the County for six (6) consecutive billing cycles provided said account has not been delinquent during this period. Should the account become delinquent at any time during said six (6) consecutive billing cycles the deposit shall be retained by the County until six (6) consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six (6) consecutive billing cycles said deposits may be credited to the next bill, or returned in cash, provided all outstanding charges and fees, if any, have been paid. Page 21 of 30

22 (b) An undisputed bill within the meaning of the foregoing paragraph shall be any bill which the consumer, within fifteen (15) days after mailing or delivery, shall not have protested in writing to the County. Where a bill shall have been protested, the payment of the proper amount due within ten (10) days after notice to the consumer of the County's determination of such an amount shall be considered the payment of an undisputed bill within the meaning hereof. ARTICLE IX. COLLECTION OF FEES, CHARGES, ETC. Sec Payment of connection charge. The connection charge imposed by Article III shall be payable upon application for permit to make the connection. Sewer rental charges applicable to the property shall begin to accrue as of the date of the application. The charge shall apply and shall be payable the same as if connection had been made as of that date. Sec Collection of unpaid sums. Any sum or sums due to the County under this chapter which are unpaid shall be collected in the manner provided by law for the collection of claims. Sec Billing procedure-generally. The county shall cause the wastewater meter, where the sewer rent is based upon metered wastewater discharge, to be read on a regular basis and shall cause sewer rent bills to be mailed forthwith following each reading. In the event a meter reading cannot be obtained for a particular billing period, the sewer bill may be based upon estimated water usage or wastewater discharge, with an appropriate adjustment made upon subsequent meter readings. Sewer rent bills shall similarly be mailed on a periodic basis with respect to each property subject to the flat-rate sewer rent. The first sewer bill following connection to the sewer system may cover a period longer or shorter than the regular billing period (but not for a period longer than six (6) months),and shall be prorated accordingly, if the County finds the same desirable in the administration of the billing procedure. Sec Same--Billing of sewer charges, etc., with water bill. The amount of any and all sewer charges imposed by the County shall be shown as separate items from water charges on water use billing statements and shall be applicable to all such statement of charges for water service rendered on or after the effective date of these regulations. Sewer payments required by this article shall be due and payable at the same time as the water bill. The County shall not accept payment for one service without payment for the other. Unmetered sewer connections shall be billed without water usage indicated. Page 22 of 30

23 Sec Same--Bills to be mailed to owner's address. Bills for sewer rent and other services as provided herein shall be mailed to the owner's address specified in the application for permit to make the connection. Failure to receive a bill as a result of incorrect address or otherwise, shall not excuse nonpayment of the bill or extend the time of payment. Sec Same--Second billing notice A second billing notice shall be mailed if payment for all charges is not received within fifteen (15) days from date of original mailing with a note added that water service will be shut off if payment is not received in ten (10) days. Sec Unpaid charges, etc., to constitute lien. Any unpaid sewer rent fees or other charges, together with penalties and interest thereon, may be collected in the manner provided by state law. In addition, the County may require that the water supply be shut off to any property with respect to which any sewer charges imposed hereby are delinquent until all such charges, together with interest, are paid. ARTICLE X. VACANT PREMISES, CHANGES IN OCCUPANCY, ETC. Sec Credit, refunds, etc., prior to notice to discontinue service No credit, refund or allowance shall be made for a nonuser of service prior to the date when notice is given to the County to discontinue service. The consumer or owner of record of the particular premises shall be liable to the county for minimum and excess charges until such notice is given. Sec Right of county to discontinue service until new application for service made. Upon receiving the completed county form for a change in occupancy of any premises, the County shall have the right to discontinue service until a new application has been made and approved and all charges paid to date. Sec Consumers vacating premises to notify county. Consumers intending to leave the premises vacant for a substantial period of time should notify the County in writing, otherwise no credit shall be allowed. Sec Credit not allowed for service resumed within ninety days. No credit shall be allowed a consumer on the minimum charges where the same consumer requests the service to be again continued within a period of less than ninety (90) days. Page 23 of 30

24 Sec Connection to demolished building to be sealed. When any structure presently connected to the sewer is demolished, the connection from such building to the sewer shall be removed and plugged with an approved seal to prevent the entry of water into the sewer. Such watertight seal shall be inspected by the County prior to backfill. The County reserves the right to charge and command a fee for this inspection. ARTICLE XI. SEWER LINE EXTENSIONS AND SYSTEM IMPROVEMENTS. Sec Extensions-Residential areas. Where existing residential areas, within Development Service Districts and other designated areas, desire public sanitary sewage service but are not included as part of the county's current sewer construction program, requests for extensions shall be made in writing upon a petition form which may be obtained from the County. Sec Same--Commercial and industrial property. Extensions of sewer service to existing commercial and industrial property, within Development Service Districts and other designated areas, if not proposed as part of the county's current sewer construction program, may be requested of the County by a letter from the president, board chairman or principal of the corporation desiring such service. Sec Same--When required. New commercial and/or industrial construction or development, manufactured home parks, multiple dwellings and all subdivisions of five (5) lots or more, within Development Service Districts and other specifically designated areas, shall be required to install sewer systems in the development, and to dedicate the systems to the County. The developer will be required, at the discretion of the County, to extend the County system, in accordance with the Master Plan to the proposed development, or to provide dry sewers and local onsite facilities (i.e. septic tanks, etc.), in compliance with all applicable regulations, for the development. An agreement between the County and the developer shall state the improvements required. Requirements of developers for development, not within Development Service Districts and other specifically designated areas, regarding the provision of sewer facilities, will be established by, and at the discretion of, the County. (Amended June 15, 2000) Sec Same--Collection main. Property owners requesting or required to extend sewer service shall extend the collection main longitudinal to the front property line and to within five (5) feet of the furthest extremity of such property. Page 24 of 30

25 Sec Same--Determinations by Director of Public Utilities. Petitions and corporate letters may be referred by the Board of Supervisors to the Director of Public Utilities for determination of affected property owners or area and for feasibility review. The Director of Public Utilities shall recommend a course of action to the board of supervisors based on review findings and recommendations. Sec Reserved Sec Reserved. Sec Standards for construction; costs of improvements to be borne by developer. Extensions of interceptors, trunk lines, collector mains and laterals, and construction of pumping stations necessary to provide gravity sewer service for a new development shall be installed by and at the total expense of the developer unless otherwise agreed to in advance by the County. Materials and methods of construction shall be in strict accordance with the County's construction specifications for sewer facilities; engineering submittals and design shall be reviewed and approved by the County. All charges for service rendered by the County, including full-time inspection and engineering review, shall be paid in full by the developer with no expense to the County, as provided in an agreement to be executed between the developer and the County. The completed system shall be conveyed to the County in proper legal form for ownership and, in the County's discretion, operation. Sec Reserved ARTICLE XII. PROHIBITED WASTES, TREATMENT AND USE OF PUBLIC SEWERS Sec Wastes to be discharged into system. All domestic wastes and authorized industrial wastes shall be discharged into the sewer system except those which are deemed harmful to the system and which are specifically prohibited or not required by this chapter, or are otherwise disallowed under state law. Page 25 of 30

26 Sec Stormwater, etc., not to be discharged into sanitary sewer. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters into any sanitary sewer. Where existing surface water or roof drains are connected to the sewer system, they shall be removed within ninety (90) days of receipt of a notice from the County to remove such connection. In the event such connection is not removed, the County shall cause such connection to be removed at the owner's expense. Sec Prohibited wastes enumerated. No person shall discharge or cause to be discharged into any portion of the sewerage system, directly or indirectly, any wastes which may violate any law or governmental regulation or have an adverse or harmful effect on the sewerage system, maintenance personnel, wastewater treatment plant personnel, processes, or equipment, treatment plant effluent quality, sludge quality, public or private property, or which may otherwise endanger the public, the local environment or create a nuisance. Discharges of the following are prohibited: (a) Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid, or gas that may cause flammable or explosive conditions, including but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using test methods specified in 40 CFR ; (b) Any toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other wastewater constituents, may interfere with the sewage treatment process or sludge disposal, cause acute worker health and safety problems, materially increase the cost of treatment, or constitute a hazard to any beneficial stream use, including recreation, ascribed to the receiving waters of the effluent from the sewage treatment plant; (c) Any waste having a ph lower than 5.0 or having any detrimental characteristics that may cause injury or damage to persons or property; (d) Any solids or viscous substances that may cause obstruction to flow or be detrimental to sewerage system operations. these objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metals, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshing, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground; (e) Any significant quantities of unpolluted water such as rainwater, stormwater, groundwater, street drainage, yard drainage, water from yard fountains pond or lawns sprays; Page 26 of 30