1. Availability. Anywhere on the existing city system, both inside and outside the corporate limits from November 1, 1996, through March 31, 1997, where sufficient capacity is available and upon not less than ninety (90) days' prior notice of need from the customer to the city.
2. Applicability. The customer shall have the right to consume up to five hundred sixty (560) MMBtu per day on a "firm" basis and shall be interrupted only in the case of force majeure; gas requirements beyond five hundred sixty (560) MMBtu per day shall be delivered on a best efforts, or "interruptible" basis.
3. Rate.
a. Demand Charges. The customer shall pay twelve dollars ($12.00) per MMBtu per month demand charge to reserve a firm gas supply and capacity to meet its peak-day needs.
b. Commodity Charges. The customer shall pay the following charges per MMBtu for all consumption:
The SMP (spot market price) shall be determined monthly as the first of the month index price for the pipeline (weighted forty (40) percent Telescoped and sixty (60) percent Zone 4) as published in Inside F.E.R.C. Gas Market Report.
J. Commercial Firm Service, Schedule CF-1.
1. Availability. Anywhere on the existing city system, both inside and outside the corporate limits so long as firm gas is available at a fixed wholesale price from MGAG through the Transcontinental Pipeline (Transco) independent of any hedge placed by the city.
2. Applicability. Applicable to small to medium sized industrial customers using a minimum monthly consumption of at least 100 MCF, a minimum of 50% of which is used as part of an industrial process other than building heat.
3. Rate.
Base charge per month . . . . . $27.50
City distribution fee, per MCF . . . . . 3.45
Gas Commodity Price, per MCF . . . . . MGAG
Firm Wholesale
Cost as Delivered to
City's Gas System
K. Extension When Costs Prohibitive. The city expressly reserves the right to refuse to extend gas service when:
1. The cost of such extension is determined by the mayor and council to be excessive, or
2. When the city does not have funds available for such extension; and in either of such events, the applicant for such extension and the city may negotiate the financing of such extension on such terms and conditions as the mayor and council may approve.
(Ord. dated 2/6/06 § 1; Ord. dated 2/3/04 § 1; Ord. dated 12/2/02 § 1; Ord. dated 5/1/00 § 2; prior code § 22-94)
(Ord. dated 12/8/08, §§ 1--4; Ord. dated 5/18/09, §§ 1--6; Ord. dated 4/19/10, § 1; Ord. dated 4/19/10, §§ 1--4)
13.20.060 Product cost adjustment.
A. The customer rates for natural gas imposed upon the various classifications of natural gas customers under subsections B through F of Section 13.20.050 of this chapter are based upon the city's paying a commodity charge to its natural gas supplier (currently Transcontinental Gas Pipeline Corporation) of three dollars and fifteen cents per dekatherm (hereinafter called the "base product cost"), a dekatherm being approximately one thousand (1,000) cubic feet of natural gas as supplied by the city to its customers. Under applicable federal statutes and regulations (namely Federal Energy Regulatory Commission's Regulation section 154.38(d)(4) regulations under the Natural Gas Act and Section 282.601 of the regulations under the Natural Gas Policy Act of 1978), the commodity charges imposed upon the city by its supplier have been rapidly increasing and otherwise fluctuating. Such rapid product cost fluctuations make it practically impossible for the city to establish natural gas customer rates at realistic levels to ensure normal revenues that will cover the city's products costs, operating expenses and return on invested capital without monthly rate adjustments.
B. To provide for fluctuations in the city's cost of natural gas purchased to prices over or under the three dollars and fifteen cents per dekatherm base product cost, from and after the effective date of this section, the customer rates for natural gas imposed upon the various classifications of natural gas customers under Section 13.20.050 of this chapter shall be subject to a product cost adjustment (hereinafter called "PCA") that will be calculated in accordance with subsection C of this section. The PCA shall be reflected separately on the utility customer's monthly billing as credit or an additional charge, as the case may be. If the PCA results in an additional charge, such charge shall be due and payable as part of the basic natural gas charge and under the same terms and conditions.
C. The PCA shall be calculated monthly for each utility customer and shall be equal to the product of the amount of gas metered to the customer during the applicable consumption period (expressed in cubic feet) multiplied by a price variable per MCF one thousand (1,000) cubic feet equal to the difference between the city's base product cost per dekatherm and the city's applicable product cost per dekatherm. The city's "applicable product cost" per dekatherm as used herein shall mean the charge to the city per dekatherm by its largest supplier of natural gas in effect as of the first day of the calendar month in which the first day of the billing period occurs. In establishing the applicable product cost, all fractions of cents shall be disregarded. The city shall cause to be posted in a conspicuous manner at City Hall its applicable product cost for the current and three preceding calendar months so that interested parties may determine fluctuations in the city's base product cost.
D. Anything contained herein to the contrary notwithstanding, the city shall not consider any price fluctuations in its cost for propane, butane or liquefied natural gas used in the operation of its peak shaving facilities in determining product cost adjustments under this section.
E. The provisions of this section shall be effective for all billings for natural gas service to the city's customers for consumption after November 17, 1980.
(Prior code § 22-95)
13.24.010 General provisions.
A. Purpose and Policy. This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403).
B. The objectives of this chapter are:
1. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
2. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
3. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
4. To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
5. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
6. To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
C. Application. This chapter shall apply to all users of the publicly owned treatment works and authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
D. Administration. Except as otherwise provided herein, the superintendent shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to other city personnel.
E. Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
1. "BOD" means biochemical oxygen demand.
2. "CFR" means Code of Federal Regulations.
3. "COD" means chemical oxygen demand.
4. "EPA" means U.S. Environmental Protection Agency.
5. "gpd" means gallons per day.
6. "mg/l" means milligrams per liter.
7. "NPDES" means National Pollutant Discharge Elimination System.
8. "POTW" means publicly owned treatment works.
9. "RCRA" means Resource Conservation and Recovery Act.
10. "SIC" means standard industrial classification.
11. "TSS" means total suspended solids.
12. "U.S.C." means United States Code.
F. Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 125 1 et seq.
"Approval" means the Director of the Environmental Protection Division of the Georgia Department of Natural Resources.
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or his designee.
4. The individuals described in paragraphs 1 through 3 of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
"Biochemical oxygen demand" or "BOD," means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).
"Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
"City" means the city of Covington or the city council of Covington or any other political subdivision of the state of Georgia subject to the provisions of this chapter by interjurisdictional agreement with the city of Covington.
"Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
"Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the act.
"Grab sample" means a sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
"Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
"Instantaneous maximum allowable discharge limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
"Inference" means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
"Medical waste" means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
"New source" means: 1. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program:
ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
"Noncontact cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
"Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
"Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.
"pH" means the logarithm of the reciprocal of the weight of the hydrogen ions in grams per liter of solution.
"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH. temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration wan be obtained by physical, chemical, or biological processes; by prowess changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
"Pretreatment coordinator" means the person designated by the city to supervise the operation of the pretreatment program.
"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
"Pretreatment standards" or "standards" means prohibited discharge standards, categorical pretreatment standards, and local limits.
"Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.24.020 of this chapter.
"Publicly owned treatment works" or "POTW" means a "treatment works," as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in whole or in part by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
"Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
"Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement.
3. Upon a finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
"Slug load" or "slug" means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards set forth in Section 13.24.020(A)of this chapter.
"Standard Industrial Classification (SIC) Code," means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
"Storm water" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
"Superintendent" means the superintendent or manager of the sewerage works of the city or his authorized deputy, agent or representative.
"Total suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
"Total toxic organics" means the summation of all quantifiable toxic organics with values greater than 0.01 milligrams per liter as listed at 40 CFR 413.02(i).
"User" or "industrial user," means source of indirect discharge.
"Wastewater" means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
"Wastewater treatment plant" or "treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Prior code § 22-126)
13.24.020 General sewer use requirements.
A. Prohibited Discharge Standards.
1. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
2. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
a. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty (140) degrees F (sixty (60) degrees C) using the test methods specified in 40 CFR 261.21;
b. Wastewater having a pH less than 5.0 or more than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment;
c. Solid or viscous substances in amounts which will cause obstruction of the flow in the sewer system or POTW resulting in interference;
d. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
e. Wastewater having a temperature greater than one hundred fifty (150) degrees F (sixty-five (65) degrees C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees F (forty (40) degrees C);
f. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
h. Trucked or hauled pollutants, except at discharge points designated by the superintendent in accordance with Section 13.24.030 (D) of this chapter;
i. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
j. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit;
k. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
l. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, no contact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent;
m. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
n. Medical wastes, except as specifically authorized by the superintendent in a wastewater discharge permit;
o. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
p. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;
q. Fats, oils, or greases of animal or vegetable origin in concentrations greater 100 mg/l;
r. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent or any single reading over ten (10) percent of the lower explosive limit of the meter.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
B. National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are incorporated by reference.
1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the superintendent shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
3. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
4. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
C. Local Concentration Limits. The following pollutant limits are established to protect against interference, ground water contamination, or sludge contamination. Discharges by users of the collection and treatment system are limited such that the concentrations of specific pollutants measured at the point of discharge into the collection system do not exceed concentrations specified below.
All concentrations for metallic substances are for total metal unless indicated otherwise.
D. Local Mass Limits The following pollutant limits are established to protect against interference. Discharges by users of the collection and treatment system are limited such that the mass of any specific pollutant measured at the point of discharge into the collection system does not exceed the limits shown in the table below unless the user possesses a valid pretreatment permit from the city.
F. City's Right of Revision. The city reserves the right to establish, by code or in wastewater discharge permits, either more stringent standards and requirements or more lenient standards and requirements on discharges to the POTW.
G. Special Agreements and Arrangements Authorized. No statement contained in Sections 13.24.010 through 13.24.030 of this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern.
(Prior code § 22-127)
13.24.030 Pretreatment of Wastewater.
A. Pretreatment Facilities Users shall provide wastewater treatment as necessary to comply with this code and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 13.24.020(A) of this chapter within the time limitations specified by EPA, the state, or the superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the superintendent for review, and shall be acceptable to the superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.
B. Additional Pretreatment Measures.
1. Whenever deemed necessary, the superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this code.
2. The superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
3. When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement. The manhole shall be safely located, and shall be constructed in accordance with plans approved by the superintendent. Permanently installed flow meters and flow recording devices may be required by the superintendent. The manhole shall be installed by the owner at his expense, and the owner at his expense shall maintain the same so as to be safe and accessible at all times.
4. Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
5. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
6. All measurements, test and analyses of the characteristics of waters and wastes to which reference is to 40 CFR 136 shall be determined at the control manhole required by subsection (B)(3) of this section or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
C. Accidental Discharge/Slug Control Plans. At least once every two years, the superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
3. Procedures for immediately notifying the superintendent of any accidental or slug discharge, as required by Section 13.24.060(F) of this chapter;
4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
D. Hauled Wastewater.
1. Septic tank waste may be introduced into the POTW only at locations designated by the superintendent, and at such times as are established by the superintendent. Such waste shall not violate Section 13.24.020 or any other requirements established by the city. The superintendent may require septic tank waste haulers to obtain wastewater discharge permits.
2. The superintendent shall require haulers of industrial waste to obtain wastewater discharge permits. The superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits. The superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.
3. Industrial waste haulers may discharge loads only at locations designated by the superintendent. No load may be discharged without prior consent of the superintendent. The superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
4. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Prior code § 22-128)
13.24.040 Wastewater discharge permit application.
A. Wastewater Analysis. When requested by the superintendent, a user must submit information on the nature and characteristics of its wastewater within forty-five (45) days of the request. The superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.
B. Wastewater Discharge Permit Requirement.
1. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the superintendent.
2. The superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this code.
3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this code and subjects the wastewater discharge permittee to the sanctions set out in Sections 13.24.100 through 13.24.120 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
C. Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with subsection D of this section must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.
D. Wastewater Discharge Permitting: Expiring Permit. Any user who holds a wastewater discharge permit shall provide a new permit application to the city one hundred and eighty (180) days before the permit expiration date. The application shall be on forms provided by the city. In the event of expiration of an industrial user's permit, the terms and conditions of the permit shall remain in force and effect until a new permit is issued.
E. Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit a permit application. The superintendent may require all users to submit as part of an application the following information:
2. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
3. Number and type of employees, hours of operation, and proposed or actual hours of operation;
4. Each product produced by type, amount, process or processes, and rate of production;
6. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
8. Any other information as may be deemed necessary by the superintendent to evaluate the Wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
F. Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
G. Wastewater Discharge Permit Decisions. The superintendent will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the superintendent will determine whether or not to issue a wastewater discharge permit. The superintendent may deny any application for a wastewater discharge permit which fails to meet the requirements of this article. Failure of the superintendent to render a decision upon an application for a wastewater discharge permit within sixty (60) days of receipt of same shall be deemed a denial of such permit for all purposes under this chapter.
(Prior code § 22-129)
13.24.050 Wastewater discharge permit issuance process.
A. Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
B. Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
b. A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection E of this section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
d. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
e. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
2. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
c. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
e. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
f. Requirements for installation and maintenance of inspection and sampling facilities and equipment;
g. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
h. Other conditions as deemed appropriate by the superintendent to ensure compliance with this code, and state and federal laws, rules, and regulations.
C. Wastewater Discharge Permit Appeals. The superintendent shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the superintendent to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.
1. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
2. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
4. If the superintendent fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Newton County Superior Court.
D. Wastewater Discharge Permit Modification. The superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
8. To correct typographical or other errors in the wastewater discharge permit; or
9. To reflect a transfer of the facility ownership or operation to a new owner or operator.
E. Wastewater Discharge Permit Transfer Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a written certification by the new owner or operator which:
1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
3. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. Failure of the superintendent to respond to a permittee's request for approval of a transfer within sixty (60) days of receipt of proper notice thereof shall be deemed a denial of such request for all purposes under this section.
F. Wastewater Discharge Permit Revocation. The superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. Failure to notify the superintendent of significant changes to the wastewater prior to the changed discharge;
2. Failure to provide prior notification to the superintendent of changed conditions pursuant to Section 13.24.060(E) of this chapter;
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
6. Refusing to allow the superintendent timely access to the facility premises and records;
11. Failure to complete a wastewater survey or the wastewater discharge permit application;
12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this code.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
G. Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.24.040(D) of this chapter, a minimum of one hundred eighty (180) days prior to the expiration of the user's existing wastewater discharge permit.
H. Regulation of Waste Received From Other Jurisdictions.
1. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the city may enter into an intermunicipal agreement with the contributing municipality.
2. Prior to entering into an agreement required by subsection (H)(1) of this section, the superintendent shall request the following information from the contributing municipality:
a. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
b. An inventory of all users located within the contributing municipality that are discharging to the POTW; and
c. Such other information as the superintendent may deem necessary.
3. An intermunicipal agreement, as required by subsection (H)(1) of this section, shall contain the following conditions:
a. A requirement for the contributing municipality to adopt a sewer use code which is at least as stringent as this article and local limits which are at least as stringent as those set out in Section 13.24.020(C) of this chapter. The requirements shall specify that such code and limits must be revised as necessary to reflect changes made to the city's code or local limits;
b. A provision ensuring the superintendent access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the superintendent;
c. A provision specifying remedies available for breach of the terms of the intermunicipal agreement; and
d. Such other provisions as the superintendent may deem appropriate.
(Prior code § 22-130)
13.24.060 Reporting requirements.
A. Baseline Monitoring Reports.
1. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsection (A)(2) of this section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the superintendent a report which contains the information listed in subsection (A)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
2. Users described above shall submit the information set forth below.
a. Identifying Information. The name and address of the facility, including the name of the operator and owner.
b. Environmental Permits. A list of any environmental control permits held by or for the facility.
c. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
e. Measurement of Pollutants.
i. The categorical treatment standards applicable to each regulated process.
ii. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection J of this section.
iii. Sampling must be performed in accordance with procedures set out in subsection K of this section.
f. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
g. Compliance Schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection B of this section.
h. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 13.24.040(E) of this chapter.
B. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection (A)(2) of this section:
1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
2. No increment referred to above shall exceed nine months;
3. The user shall submit a progress report to the superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
4. In no event shall more than nine months elapse between such progress reports to the superintendent.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline.
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in subsection (A)(2)(d) through (f) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 13.24.040(E) of this chapter.
D. Periodic Compliance Reports.
1. All significant industrial users shall, at a frequency determined by the superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 13.24.040(E) of this chapter.
2. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
3. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the superintendent, using the procedures prescribed in subsection K of this section, the results of this monitoring shall be included in the report.
E. Reports of Changed Conditions. Each user must notify the superintendent of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least sixty (60) days before the change.
1. The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.24.040(F) of this chapter.
2. The superintendent may issue a wastewater discharge permit under Section 13.24.050(E) of this chapter or modify an existing wastewater discharge permit under Section 13.24.050(D) of this chapter in response to changed conditions or anticipated changed conditions.
3. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent or greater, and the discharge of any previously unreported pollutants.
F. Reports of Potential Problems.
1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
2. Within five days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this code.
3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (F)(1) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
G. Reports From Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the superintendent as the superintendent may require.
H. Notice of Violation-Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the superintendent within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the superintendent within thirty (30) days after becoming aware of the violation.
I. Notification of the Discharge of Hazardous Waste.
1. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). lf the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection E of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this section.
2. Dischargers are exempt from the requirements of subsection (I)(1) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
3. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste of listing any additional substance as a hazardous waste, the user must notify the superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
4. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
5. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this code, a permit issued thereunder, or any applicable federal or state law.
J. Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
K. Sample Collection.
1. Except as indicated in subsection (K)(2) of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
2. Samples for oil and grease, temperature, pH, cyanide, phenols, hexavalent chromium, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
L. Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
M. Record Keeping. Users subject to the reporting requirements of this code shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this code and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the superintendent.
(Prior code § 22-131)
13.24.070 Compliance monitoring.
A. Right of Entry: Inspection and Sampling. The superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
2. The superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
3. The superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated according to the manufacturer's recommendations to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.
5. Unreasonable delays in allowing the superintendent access to the user's premises shall be a violation of this chapter.
B. Search Warrants. If the superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the superintendent may seek issuance of a search warrant from the Newton County Superior Court.
(Prior code § 22-132)
13.24.080 Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state or federal law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Prior code § 22-133)
13.24.090 Publication of users in significant noncompliance.
The superintendent shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
B. Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the superintendent's exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(Prior code § 22-134)
13.24.100 Administrative enforcement remedies.
A. Notification of Violation. When the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the pretreatment coordinator may serve upon that user a written notice of violation. Within ten (10) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the pretreatment coordinator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the superintendent to take any action, including emergency actions or any other enforcement action, without a notice of violation first being issued.
B. Consent Orders. The superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document.
C. Show Cause Hearing. The superintendent may order a user which has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served on the user personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
D. Compliance Orders. When the superintendent finds that a user has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. Cease and Desist Orders. When the superintendent finds that a user has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
1. Immediately comply with all requirements; and
2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
F. Administrative Fines.
1. When the superintendent finds that a user has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
2. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. The city shall have a lien against the user's property for unpaid charges, fines, and penalties levied hereunder.
3. Any user aggrieved by the superintendent's imposition of such fine shall have the right to appeal said imposition to the city manager of the city. Such appeals shall be in writing and served on the city manager along with written notice thereof served on the superintendent within thirty (30) days of receipt by the user of notification of the fine. On appeal the city manager shall review de novo all records or other information pertaining to the imposition of such fine and, upon the request of the superintendent or the aggrieved user or upon his own motion, shall convene a hearing for the purpose of taking testimony relating to the facts and circumstances pertinent to the imposition of such fine. The city manager shall be empowered to modify or rescind such fine, and shall provide written notice of his decision to all parties to such appeal within forty-five (45) days from his receipt thereof.
4. Any user aggrieved by the city manager's decision upon such appeal shall have the right to appeal the same to the Superior Court of Newton County, Georgia. Any such appeal shall be filed within thirty (30) days of the city manager's decision, and upon failure to timely file the same the city manager's decision shall be final. The procedure for such appeals shall be as provided for other administrative appeals as set forth in Section 50-13-19, Official Code of Georgia Annotated.
5. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
G. Emergency Suspensions The city manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
1. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city manager that the period of endangerment has passed, unless the termination proceedings in subsection H of this section are initiated against the user.
2. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent prior to the date of any show cause or termination hearing under subsections C or G of this section.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
H. Termination of Discharge. In addition to the provisions in Section 13.24.050(F) of this chapter, any user who violates the following conditions is subject to discharge termination:
1. Violation of wastewater discharge permit conditions;
2. Failure to accurately report the wastewater constituents and characteristics of its discharge;
3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
4. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
5. Violation of the pretreatment standards in Section 13.24.020 of this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection C of this section why the proposed action should not be taken. Exercise of this option by the city manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Prior code § 22-135)
13.24.110 Judicial enforcement remedies.
Injunctive Relief. When the city manager finds that a user has violated, or continues to violate, any provision of this code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager may petition the Newton County Superior Court, through the city's attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this code on activities of the user. The city manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
B. Civil Penalties.
1. A user who has violated, or continues to violate, any provision of this code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000.00 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
2. The superintendent may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
3. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
C. Criminal Prosecution.
1. A user who willfully or negligently violates any provision of this code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be subject to punishment as provided in Section 1.12.010 of this code.
2. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be subject to punishment as provided in Section 1.12.010 of this code. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state or federal law.
3. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this code, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this code shall, upon conviction, be subject to punishment as provided in Section 1.12.010 of this code.
D. Remedies Nonexclusive. The remedies provided for in this code are not exclusive. The superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the superintendent may take other action against any user when the circumstances warrant. Further, the superintendent is empowered to take more than one enforcement action against any noncompliant user.
(Prior code § 22-136)
13.24.120 Supplemental enforcement action.
A. Water Supply Severance. Whenever a user has violated or continues to violate any provision of this code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
B. Public Nuisances. A violation of any provision of this code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the superintendent. Any person creating a public nuisance shall be subject to the provisions of Chapter 8.12 of this code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.
(Prior code § 22-137)
13.24.130 Bypass.
A. For the purposes of this section:
1. "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.
2. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections C and D of this section.
C. 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the superintendent, at least ten (10) days before the date of the bypass, if possible.
2. A user shall submit oral notice to the superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
D. 1. Bypass is prohibited, and the superintendent may take an enforcement action against a user for a bypass, unless
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c. The user submitted notices as required under subsection C of this section.
2. The superintendent may approve an anticipated bypass, after considering its adverse effects, if the superintendent determines that it will meet the three conditions listed in subsection (D)(1) of this section.
(Prior code § 22-138)
13.24.140 Miscellaneous provisions.
A. Pretreatment Charges and Fees. The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:
1. Fees for wastewater discharge permit applications including the cost of processing such applications;
2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
3. Fees for reviewing and responding to accidental discharge procedures and construction;
4. Fees for filing appeals; and
5. Other fees as the city may deem necessary to carry out the requirements contained in this section. These fees relate solely to the matters covered by this code and are separate from all other fees, fines, and penalties chargeable by the city.
B. Conflict and Precedence. This chapter industrial wastewater discharge permits, and federal pretreatment standards are complementary, and what is called for by one is as binding as if called for by all. In the event there are conflicts in the three documents, the documents shall take precedence in the following order:
1. Industrial wastewater discharge permit;
2. Federal pretreatment standards;
3. This chapter.
C. Severability. If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.
D. The superintendent shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of this chapter.
(Prior code § 22-139)
Chapter 13.28
CROSS-CONNECTION CONTROL PROGRAM
Sections:
13.28.010 General provisions.
13.28.020 Definitions.
13.28.030 Application.
13.28.040 Further statement of policy.
13.28.050 Prohibited acts and penalties.
13.28.060 Implementation of cross-connection control program.
13.28.070 Implementation of rules and regulations.
13.28.080 Appeals.
13.28.090 Cross-connection control board.
13.28.010 General provisions.
A. Purpose and Policy. This chapter sets forth the manner in which the city of Covington (hereafter called "city") will establish in accordance with state and federal law requirements to help prevent the entry of contaminants or pollutants into any area of the city's water distribution system through cross-connections as defined in this chapter.
B. Applicability. The provisions of this chapter are applicable to any system or mechanism supplied by the city's water distribution system including sprinkler and fire protection systems, residential systems, and, in particular, piped water for human consumption or incorporated into products or processes for human consumption.
(Prior code § 22-201)
13.28.020 Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meaning hereinafter designated:
"Consulting engineer" means the person or firm of civil and/or professional engineers designated from time to time by the city as the city's consulting engineers for its utility systems including its water system. As of the adoption of this article, the consulting engineers are the firm of Welker & Associates, Inc., P.O. Box 937, Marietta, Georgia 30061.
"Contaminant" means any physical, chemical, biological or radiological substance or matter in water that if introduced into the potable water supply would create a health hazard.
"Cross-connection" means any physical arrangement whereby the city water supply and public water system is or may be connected directly or indirectly with a nonpotable water supply or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, liquid, gases, sewerage or other wastes of unknown or unsafe quality, which may be capable of imparting contamination to the public water supply as the result of backflow, bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary, permanent or potential connections through which or because of which backflow or back siphonage could or would occur.
"EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources.
"Federal Act" means the Safe Drinking Act, P.L. 93-523.
"Federal regulations" means any and all regulations adopted pursuant to the Federal Act.
"Georgia Act" means the Georgia Safe Drinking Water Act of 1977 (Part 5 of Article 3, Chapter 5, Title 12 O.C.G.A.) and all amendments thereto.
"Georgia regulations" mean regulations duly promulgated by EPD pursuant to the Georgia Act.
"Person" or "persons" means any individual, corporation, company, association, partnership, county, municipality, state agency or other entity.
"Pollutant" means a nontoxic substance that if introduced into the public water system would be objectionable, but would not create a health hazard.
"Public water system" means the water distribution system owned and operated by the city of Covington and all interconnections therewith, whether within or outside the municipal limits of the city of Covington.
(Prior code § 22-202)
13.28.030 Application.
The provisions of this chapter shall apply to all persons and facilities that are connected directly or indirectly to the public water system, whether the same are physically located within the municipal limits of the city or otherwise.
(Prior code § 22-203)
13.28.040 Further statement of policy.
It shall be the policy of the governing authority of the city to operate its public water system in compliance with the Federal Act, federal regulations, the Georgia Act and the Georgia regulations so as to comply with all provisions thereof and to otherwise ensure the integrity of the public water system and protection from pollution and contamination by cross-connections owned, maintained or operated by any person connected to the public water system. This policy shall be carried out by isolating potential sources of contaminants or pollutants at various points in the public water system and customer connections thereto including on customers' premises and/or protecting the public water system at the point of delivery to the customers' premises.
(Prior code § 22-204)
13.28.050 Prohibited acts and penalties.
A. It is illegal for any person to introduce any substance into the public water system or to have a cross-connection with the public water system that has the potential for introducing a contaminant into same, except for those substances or connections required by the city for treatment of water. As used in this chapter, "cross-connections with a potential for introducing a contaminant to the public water system" shall be those cross-connections that have been determined in accordance with the provisions of this chapter to create a potential hazard to the public water system or that do, in fact, result in the introduction of a contaminant to the public water system.
B. Any person who violates the provisions of this article shall, upon conviction thereof by the recorder, be punished as provided in Section 1.12.010 of this code. Further, without limiting the foregoing, after such notice as may be appropriate under the circumstances (considering the opportunity for reasonable notice to the customer owning or using a water supply in violation of this chapter versus the danger of the health and welfare of all other persons connected to the public water system), any cross-connection maintained in violation of this article shall be disconnected from the public water system at the direction of the public works superintendent, mayor of the city, city manager or authorized representative of EPD. Once a disconnection is made in accordance with this chapter, same shall not be reconnected to the public water system until the offending person's water systems and all interconnections or potential interconnections thereto have been fully inspected and found to be in compliance with this chapter and the rules and regulations promulgated hereunder.
(Prior code § 22-205)
13.28.060 Implementation of cross-connection control program.
The mayor and council adopt, as though fully set out herein, as its rules and regulations for the implementation of this chapter the "City of Covington, Georgia, Cross-Connection Control Program, June, 1985," prepared by Welker & Associates, Inc., Engineers, Marietta, Georgia, a copy of which is on file with the city clerk of the city of Covington, Georgia, has been identified to the mayor and council, and copies of which will be available for public inspection. The consulting engineers, the city utility department and the city building inspection department shall take such steps as may be necessary and appropriate to implement such program in substantial conformity with the implementation schedule contained therein. They shall also take reasonable steps to implement the public awareness programs so that all persons who are customers or otherwise connected to the public water system shall become aware of the potential hazard of cross-connections and resulting contamination to the public water system.
The governing authority recognizes that manpower and resources will not permit an immediate implementation of the cross-connection control program and thereby recognizes the priority given to all public water system customers who have the potential for high-risk contamination of the system and thus directs that substantial efforts be made to locate and eliminate high-risk and high-hazard cross-connections.
(Prior code § 22-206)
13.28.070 Implementation of rules and regulations.
The consulting engineer, the superintendent of the city utility department, and the city building official under the supervision of the consulting engineer shall have the authority to promulgate reasonable rules and regulations to carry out and enforce this chapter and the cross-connection control program implemented hereby. All rules and regulations so adopted shall be in writing, shall be filed in the office of the city clerk, posted on the bulletin board at City Hall, and a copy thereof provided to the mayor and council for its review prior to final implementation thereof. Proposed rules and regulations shall be approved and implemented upon the mayor and council's adoption of a resolution identifying such rules and regulations and expressly authorizing their implementation pursuant to this chapter.
(Prior code § 22-207)
13.28.080 Appeals.
Any person who is aggrieved by a determination of any person including, but not limited to, the consulting engineer's determination that they are not maintaining or have maintained a cross-connection in violation of this chapter and the cross-connection control program and/or the regulations promulgated thereunder shall have the following rights of appeal:
A. On an emergency appeal basis on written application to the city manager where the determination of the person from whom the appeal is taken requires the disconnection of the appellant from the public water system prior to the time that a normal appeal under subsection B of this section may be heard;
B. Before the cross-connection control board by filing a written appeal with the city building official not later than one day prior to the next regularly scheduled meeting of the board, at which meeting such appeal will be heard;
C. All appeals under this section shall be for the purpose of deciding the propriety of decisions of the persons whose act required the appellant to install a cross-connection prevention device under this chapter and regulations promulgated thereunder, or a disconnection of the appellant from the public water system. Appeals of citations for violations of this chapter and the regulations shall be heard by the municipal recorder and the recorder's decision shall be appealable only as otherwise provided by this code, the city charter and state law concerning appeals of recorder's court decisions as to municipal code violations.
(Ord. dated 3/17/05 § 1; prior code § 22-208)
13.28.090 Cross-connection control board.
A. There is created a cross-connection control board, whose duties are to hear and resolve appeals taken pursuant to Section 13.28.080 of this chapter, to advise and assist city officials in the promulgation of rules and regulations pursuant to Section 13.28.070 of this chapter, and to devise and implement a public awareness program for backflow prevention.
B. The board shall consist of five members, appointed by the mayor and council of the city, and shall include:
1. A representative of the city water treatment facility;
2. A representative of the city inspection department;
3. A representative of the water and sewer department;
4. A representative from local industry; and
5. An adult citizen residing in the city.
C. The board shall elect a chairman from among its members annually and shall hold regular quarterly meetings and such additional meetings at the call of the chairman as may be necessary or desirable in the discharge of its duties.
(Ord. dated 3/17/05 § 2)
Chapter 13.32
WATER CONSERVATION AND USE REGULATIONS
Sections:
13.32.010 General provisions.
13.32.020 Establishment of use priorities.
13.32.030 States of water system operational status.
13.32.040 Determination of states of operational status.
13.32.050 Minor water emergency status.
13.32.060 Moderate water emergency status.
13.32.070 Severe water emergency status.
13.32.080 Critical water emergency status.
13.32.090 Subsequent offenders of water conservation ordinance and regulations.
13.32.100 Creation of water conservation board and powers.
13.32.110 Water reconnection fees.
13.32.120 Violations of this chapter.
13.32.130 Application to wholesale customers.
13.32.010 General provisions.
A. Purpose and Policy. This chapter sets forth the manner in which the city of Covington (hereinafter called "city") has established a general water conservation plan and water usage emergency regulations to assist in the proper and orderly distribution of the available potable water supplies to the city's water customers including its wholesale customers who purchase such water for distribution. The mayor and council recognize that both raw and treated water resources are limited valuable natural resources that should be conserved at all times so as to better ensure adequate water supplies for all citizens and residents of the city of Covington and Newton County, Georgia, and the state of Georgia. Conditions and situations may arise whereby it is possible, probable or certain that the city does not or will not have sufficient water resources to meet the demands of consumers connected to the city's water system, and accordingly this article is intended to provide a means by which consumption of the water resources may be reduced, curtailed or completely eliminated if appropriate due to such conditions.
B. Applicability. The provisions of this chapter are applicable to all persons or other legal entities who are connected to and receive treated water from the city's water distribution system, whether same is for human consumption, providing sprinkling and fire protection, used or useful in commercial or manufacturing processes, and whether at the retail or wholesale rate structure. These provisions apply to such consumers either inside or outside the municipal limits of the city and expressly include the city's wholesale purchasers who purchase water for redistribution, namely the town of Oxford and the Newton County Water and Sewerage Authority.
(Prior code § 22-220)
13.32.020 Establishment of use priorities.
A. Any condition which causes the normal supply of water and pressure to be reduced excessively within the city's water distribution system requires that priority use of water be implemented. These conditions include any one or more of the following, as well as any other condition which actually causes a reduction in the available water supply and/or water pressure:
1. High water demand;
2. Drought and excessive heat conditions;
3. Supply interruptions;
4. Power failure;
5. Water main breakage or failures; and
6. State-imposed emergency conditions.
B. A general ranking of water uses in decreasing order of importance in the event of an emergency condition will be as follows:
1. Household use;
2. Public necessity as may be established from time to time by written declaration of:
a. The mayor and council; or
b. The city's water conservation board;
3. The watering and maintenance of livestock;
4. Industrial and commercial use;
5. Construction;
6. Irrigation including watering of lawns, shrubs and gardens;
7. Nonessential firefighting;
8. Filling and usage in swimming pools;
9. Carwashing;
10. Street cleaning, line flushing, hydrant testing and similar uses.
C. The city, by the adoption of this article, does hereby establish an emergency conservation plan as outlined in this chapter which will place restrictions on lower priority water usage during periods when water use reduction is necessary.
(Prior code § 22-221)
13.32.030 States of water system operational status.
A. For the purposes of this chapter and implementation of the city's water conservation plan and emergency use regulations, there shall be five states of operational status identified as:
1. Normal operational status;
2. Minor water emergency;
3. Moderate water emergency;
4. Severe water emergency; and
5. Critical water emergency.
B. The actual state of operational status of the city's water system shall always be deemed to be the normal operational status until it is determined by either the water conservation board or the mayor and council of the city that such conditions exist that dictate a reduction in water consumption and they declare one of the four emergency stages of operational status of the system in accordance with the provisions of the next section of the code.
(Prior code § 22-222)
13.32.040 Determination of states of operational status.
As provided in Section 13.32.030, the city's water system shall be deemed to be in normal operational status unless and until a majority of the city's water conservation board or the city council at an official meeting thereof declares by written declaration a different operational status. The city's water conservation council may at any time declare one of the four water emergency states for implementation of the other provisions of this chapter and any rules and regulations promulgated pursuant to this chapter when a majority of the three members of the water conservation board determines that such conditions exist that warrant the declaration of a water emergency status. Upon such written declaration by the water conservation board, same shall remain in full force and effect until rescinded by it or until revoked by the city council in a duly called and held meeting of the mayor and council.
(Prior code § 22-223)
13.32.050 Minor water emergency status.
When a minor water emergency status has been declared within the city, the city shall implement the following priority conservation methods in an effort to achieve a minimum ten (10) percent reduction in water consumption. Public service announcements will be made on local radio stations, the cable television information channel, and in local newspapers requesting that customers curtail the use of any unnecessary water. The primary efforts of a minor water emergency condition will be aimed at limiting the practice of watering lawns, gardens, washing of cars and other practices that are not essential during emergency conditions. All fire departments and other governmental agencies will be asked to curtail water main flushing, dust control and other nonessential use of water. Such requests will be made by the city manager, the mayor, the members of the city council, the public works superintendent, the water works superintendent, and other municipal employees. Compliance with water consumption reduction under minor water emergency conditions shall be voluntary.
(Prior code § 22-224)
13.32.060 Moderate water emergency status.
A moderate water emergency status exists when there is a need to achieve an eleven (11) to twenty (20) percent reduction in water consumption. When a moderate emergency status is declared, in addition to the steps normally taken in a minor water emergency status, the following additional steps shall be taken: The immediate intensity or degree of announcements on local radio stations, cable television information channel and the newspaper media will be increased along with news releases by the city manager and mayor explaining the degree of severity of the problem; representatives of the governing body including the city manager and the mayor will make a stronger appeal for voluntary reduction of water usage; and city crews and public safety officials will be asked to actually field monitor water usage. If customers are observed using water for nonessential purposes, they will be contacted on-sight and asked to curtail water usage. After two requests are made, if the customer fails to comply, the customer's water service will be cut off at the meter and a reconnection fee will be charged to return the customer to service.
(Prior code § 22-225)
13.32.070 Severe water emergency status.
A severe water emergency status shall be declared when there is a need to reduce water consumption from twenty-one (21) to thirty (30) percent. Upon the declaration of a severe water emergency status, the mayor and the city manager will continue water conservation measures followed in the minor and moderate water emergency states. In addition, water system customers using more than one thousand (1,000) gallons per day will be directly notified of the water shortage and asked to provide assistance in alleviating the problem. As may be stated in the declaration, a more severe ban on water usage will be required and prohibition of all public water usage not required for health and safety will be enacted. No outside water usage will be permitted except that absolutely essential for public health and safety. No water-cooled air conditioners will be allowed to run without recirculation and businesses such as car washes and laundromats will be asked to curtail operations for limited periods. High water using industries will be asked to curtail operations if they operate more than one shift. Any person or entity ignoring water use warnings during a severe water emergency shall have their water service immediately disconnected after failure to heed the first warning for water conservation. Any service so disconnected shall not be reconnected until a reconnection fee of one and one-half percent of the normal reconnection fee is paid by the customer.
(Prior code § 22-226)
13.32.080 Critical water emergency status.
A critical water emergency status shall be declared whenever there is a need to curtail water consumption by more than thirty (30) percent. When a critical water emergency status has been declared, the measures implemented for a severe water emergency status will be continued along with additional measures concerning information and curtailment as may be appropriate. Prohibitions shall be declared by the mayor and council or the water conservation council on the use of any water for outside activities not essential or required for health and safety. Any business that uses in excess of one thousand (1,000) gallons per day may be required to curtail operations for limited periods until the critical water emergency has subsided. Residential water customers may be asked to wash clothes and use water for bathing every other day based on an alphabetical system as may be determined by the water conservation council. Personnel of the city including the city police department will be asked to monitor unnecessary use of water. Anyone found violating the curtailments implemented under the critical water emergency status shall have their water service terminated at the meter and same shall not be reconnected until a reconnection fee of two hundred (200) percent of the standard water service reconnection fee has been paid. Persons accused of violating critical water emergency curtailments shall be issued a citation to recorder's court for violation of municipal ordinance, namely violation of the city's water conservation ordinance and regulations. Upon the city recorder's finding of a knowing violation of this chapter by a person so cited, he or she shall be fined by the recorder for municipal ordinance violation in accordance with the provisions of Section 1.12.010 of this code.
(Prior code § 22-227)
13.32.090 Subsequent offenders of water conservation ordinance and regulations.
Any person or other legal entity whose water service is disconnected for violation of the provisions of this chapter and who either reconnects their water service without paying the appropriate reconnection fee or again violates the water curtailments in effect within thirty (30) days from reconnection shall be deemed to be a repeat offender and shall have their water meter removed and same shall not be reinstalled until the customer in question pays both a water tap fee and water service reconnection fee. Where appropriate, criminal charges shall be instituted against the person or entity responsible for the illegal reconnection for theft of services.
(Prior code § 22-228)
13.32.100 Creation of water conservation board and powers.
A. There is created and established the city of Covington water conservation board consisting of three members who shall be mayor, the city manager, and the public works superintendent. In the event of a vacancy in the mayor's office, the mayor pro tem shall serve as a member of said board and in the event of any other vacancy on said board, the mayor (or mayor pro tem) shall appoint a member of the city council to serve until a city manager or public works superintendent is duly appointed. It shall be the responsibility of the water conservation board to monitor from time to time the status of the city's water supply and water distribution system. They shall report from time to time to the mayor and council their findings and recommendations concerning water conservation policies and the prospects of water emergencies.
B. Action by the water conservation board may be conducted from time to time with or without official meeting of all the board members as long as the action taken pursuant to this chapter is done by a majority of members of the board. All action in the way of declarations of emergency status and implementation of curtailments, procedures and regulations shall be in writing and shall promptly be filed with the city clerk and a copy posted on the bulletin board at City Hall. The board shall consult with the state environmental protection division water resources section concerning possible water emergencies as well as the city's consulting engineers concerning same and the making of recommendations to the mayor and council and the declaration of possible emergency situations.
C. The water conservation board is expressly authorized to adopt reasonable rules and regulations to carry out the effect and intent of this chapter so as to ensure that the city's available water resources are fairly allocated to its customers and used in accordance with the priorities established under Section 13.32.020 of this chapter. Any action by the water conservation board including rules and regulations promulgated by it shall be effective immediately upon their implementation in writing signed by two members of the board, filed with the city clerk and posted on the bulletin board at City Hall. The board and/or the city clerk shall ensure public dissemination of emergency declarations and the promulgation of rules and regulations adopted by the board.
D. Anything contained herein to the contrary notwithstanding, upon the adoption of any declaration, rules or regulations by the water conservation board, same shall remain in full force and effect until revoked, repealed or amended by the board or until revoked, repealed or amended by the mayor and council of the city in action at a duly called council meeting.
(Prior code § 22-229)
13.32.110 Water reconnection fees.
Any customer of the city's water distribution system whose water service is disconnected at the meter due to a violation of the provisions of this article shall be assessed a water reconnection fee equal to not less than one hundred ten (110) percent of the projected administrative expense incurred by the city in disconnecting and reconnecting such water service. The actual amount of the fee shall be set by declaration of the mayor and council or by the water conservation board from time to time and until changed by written declaration by the mayor and council or the water conservation board, the basic water reconnection fee shall be two hundred fifty dollars ($250.00).
(Prior code § 22-230)
13.32.120 Violations of this chapter.
In addition to any and all other rights that the city may exercise due to water system customer violations of the provisions of this chapter and the regulations and rules promulgated pursuant hereto, any person violating the provisions of this chapter and the rules and regulations promulgated hereunder shall be guilty of the violation of a municipal ordinance and may be cited for such violation and tried and fined in recorder's court in accordance with the provisions of Section 1.12.010 of this code.
(Prior code § 22-231)
13.32.130 Application to wholesale customers.
The Newton County water and sewage authority. the town of Oxford and any subsequent wholesale customer purchasing water from the city shall be provided with a copy of this chapter and rules and regulations promulgated pursuant hereto. Each such customer shall be required to implement similar ordinances, rules and regulations to ensure that its respective customers exercise water conservation measures and adhere to the policies and procedures specified herein during various states of water emergency. Each such wholesale customer is expected to curtail its use of water purchased from the city by the same percentage sought to be curtailed by the city for its own retail customers. Upon the failure of any wholesale customer to so effectuate a curtailment via reduction of distribution of water to its retail customers, the city shall, to the degree necessary, discontinue on such temporary basis during each day at the various meter points connecting such wholesale customers' systems and lines to the city's distribution system as will result in percentage curtailment desired to be achieved by the city. Such unilateral action by the city shall be done as a last resort after determination by the mayor and council or the water conservation board that a wholesale customer is failing to take such action as is necessary to curtail water consumption by its customers. It is the intention of the mayor and council that the city's wholesale customers shall share prorating in the reduction of water consumption with the city's retail customers. The city manager and other city employees are authorized to take such action as is necessary to ensure such curtailments in the event of the declaration of a water emergency.
(Prior code § 22-232)
Chapter 13.36
BLASTING AND EXCAVATIONS
Sections:
13.36.010 Purpose.
13.36.020 Definitions.
13.36.030 One-call notification centers.
13.36.040 Prerequisites to blasting or excavating.
13.36.050 Duty of utility notified of proposed blasting or excavating.
13.36.060 Treatment of gas pipes and other underground utility facilities by blasters and excavators.
13.36.070 Degree of accuracy required in pipe or under ground utility facility location-Inaccurate information, liability of blaster or excavator-Liability of gas company for lack of accurate information, etc.
13.36.080 Effect of chapter upon rights, powers, etc., of utilities.
13.36.090 Effect of chapter upon rights, powers, etc., governing entities concerning facilities located on public rights-of-way.
13.36.100 Applicability of chapter in emergencies.
13.36.110 Penalties for violation of chapter.
13.36.010 Purpose.
The purpose of this chapter is to prevent injury to persons and property and interruptions of utility and cable television service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavation operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavation operations so that such persons may observe proper precautions with respect to such under ground gas and other utility facilities.
(Prior code § 22-209)
13.36.020 Definitions.
As used in this chapter the term:
"Blasting" means any operation by which the level of grade of land is changed or by which earth, rock, buildings, structures, or other masses or material are rent, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.
"Business day" means Monday through Friday, excluding the following holidays: New Year's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
"Business hours" means the time from seven a.m. to four-thirty p.m. local time on business days.
"Corporation" means any corporation, municipal corporation, county, joint-stock company, partnership, association, business trust, cooperative, organized group of persons, whether incorporated or not, or receiver(s) or trustee(s) of any of the foregoing.
"Distribution of gas" means the distribution or furnishing of gas to the ultimate consumer through the use of underground pipes or other facilities and includes, but is not limited to, the distribution of gas pursuant to a certificate of public convenience and necessity issued by the public service commission.
"Excavating" means any operation by which the level or grade of land is changed and includes, without limitation, grading, trenching, digging, ditching, augering, scraping and pile driving. Such term, however, does not include public road maintenance activities within the rights-of-way of a public road on the state highway system, the county road system, or the city street system.
"Gas" means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, pro-pane, propylene, butane, or butylene. The term "gas" shall also include liquid petroleum products.
"Mechanized excavating equipment" means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating, including, without limitation, bulldozers, backhoes, power shovels, scrapers, draglines, damshells, augers, drills and pile drivers.
"Person" means an individual, partnership, association or corporation. Such term, however, does not include and no provision of this article shall apply to any excavating done by a railroad when excavating is made entirely on the land which the railroad owns or on which the railroad operates or, in the event of an emergency, on adjacent land. Nor does such term include or apply to the Georgia Department of Transportation or its officers or employees when excavating, blasting, or operating mechanized excavating equipment anywhere within public road rights-of-way.
"Railroad" means all corporations, companies, or individuals owning or operating any railroad line or railroad company in this state.
"Service area" means a contiguous area or territory which encompasses the underground distribution system or network of gas pipes or other underground utility facilities by means of which a utility provides utility service.
"Transmission of gas" means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transportation or transmission of gas in interstate commerce pursuant to a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission and the transmission or transportation of gas in interstate commerce pursuant to a certificate of public convenience and necessity issued by the public service commission.
"Utilities protection center" or "center" means the corporation or other organization formed by utilities to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected utility members.
"Utility" means any person operating or maintaining gas pipes or other underground utility facilities.
"Utility facility" means underground mains, pipes, conduits, cables, ducts, wires, fiber optic or photonic lines, or other structures operated or maintained by utilities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, telephone or telegraphic signals, or cable television or video communications.
(Prior code § 22-210)
13.36.030 One-call notification centers.
A. All utilities operating or maintaining underground utility facilities within the city shall participate as members in and cooperate with the utilities protection center. No duplicate center shall be established. The activities of the center shall be funded by the participating utilities.
B. The utilities protection center shall maintain a list showing the counties within which its participating utilities maintain gas pipes and other underground utility facilities. The center shall also maintain a list of the name, address and telephone number of the office, department, or other source from or through which information respecting the location of gas pipes and other underground utility facilities of its participating utilities may be obtained during business hours on business days.
(Prior code § 22-211)
13.36.040 Prerequisites to blasting or excavating.
A. No person shall commence, perform or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in the city unless and until the person planning the blasting or excavating, at least seventy-two (72) hours prior to commencement of the work, excluding hours during days other than business days, has given actual notice to the utilities protection center, which notice shall:
1. Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity to enable the utility to ascertain the precise tract or parcel of land involved;
2. State the name, address, and telephone number of the person who will engage in the blasting or excavating and state whether such person desires to be notified in the event there are no utility facilities present on the tract or parcel specified;
3. Describe the type of blasting or excavating to be engaged in by the person; and
4. Designate the date upon which the blasting or excavating will commence.
B. Whenever any blasting or excavating with mechanized excavating equipment is undertaken on a project on the public road system under contract with the department of transportation, the notice required under subsection A of this section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and notice of preconstruction conference have been mailed to the utility by the Georgia Department of Transportation. Nothing contained in this subsection shall be construed to relieve any person under contract with the Georgia Department of Transportation of the duties set forth in Section 13.36.060 of this chapter as to all underground utility facilities.
C. In the event the blasting or excavation work which is the subject of the notice given pursuant to subsection A will not be completed within seventeen (17) days following the date of such notice, then no later than fourteen (14) days following such date of notice an additional notice must be given in accordance with subsection A.
D. If, subsequent to giving the notice required by subsection A, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center.
(Prior code § 22-212)
13.36.050 Duty of utility notified of proposed blasting or excavating.
A. Within seventy-two (72) hours, excluding hours during days other than business days, following receipt by the utilities protection center of actual notice filed in accordance with Section 13.36.040 of this chapter, each utility shall stake or otherwise mark the surface of the tract or parcel of land to indicate the location of gas pipes or other underground utility facilities. Such markings shall be in accordance with the following color code:
1. Safety red shall be used to mark electric power distribution and transmission facilities;
2. High visibility safety yellow shall be used to mark gas and oil distribution and transmission facilities;
3. Safety alert orange shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities;
4. Safety precaution blue shall be used to mark water systems facilities; and
5. Safety green shall be used to mark sewer systems facilities.
B. If the person planning or excavating has stated pursuant to Section 13.36.040(A)(2) of this chapter that he desires to be notified in the event there are no utility facilities present on the tract or parcel specified, then each utility shall attempt to so notify such person by telephoning such person at the number pursuant to such code section.
(Prior code § 22-213)
13.36.060 Treatment of gas pipes and other underground utility facilities by blasters and excavators.
No person engaged in blasting or excavating with mechanized excavating equipment shall strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accordance with this chapter, provided, however that nothing in this chapter shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespective of whether the same have been staked or marked as provided in this chapter.
(Prior code § 22-214)
13.36.070 Degree of accuracy required in pipe or under ground utility facility location-Inaccurate information, liability of blaster or excavator-Liability of gas company for lack of accurate information, etc.
A. For the purposes of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within twenty-four (24) inches measured horizontally from the outer edge of either side of such facilities. If any gas pipe or other underground utility facility becomes damaged due to the furnishing of inaccurate information as to its location by the utility, the liabilities imposed by this chapter shall not apply.
B. Upon documented evidence that the person seeking information as to the location of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in sup-plying information by the utility, the utility shall be liable to that person for his losses.
(Prior code § 22-215)
13.36.080 Effect of chapter upon rights, powers, etc., of utilities.
This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility may have with relation to any facility or any easement, right-of-way, license, permit, or other interest in or with respect to the land on which the facility is located.
(Prior code § 22-216)
13.36.090 Effect of chapter upon rights, powers, etc., governing entities concerning facilities located on public rights-of-way.
This chapter does not affect and is not intended to affect any rights, powers, interest or liability of the state of Georgia or the Georgia Department of Transportation with respect to the state highway system, county road system or any municipal street system, or of a county with respect to the county road system or a municipality with respect to a city street system, with relation to any gas pipe or other underground utility facility which is or may be installed within the limits of any public road or street right-of-way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.
(Prior code § 22-217)
13.36.100 Applicability of chapter in emergencies.
If any emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail or other essential public services, it shall be lawful for the person who undertakes to prevent such damage to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or excavating with mechanized excavating equipment for such purpose without complying with Section 13.36.040 of this chapter; provided that, before commencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, believes may have gas pipes or other underground utility facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment.
(Prior code § 22-218)
13.36.110 Penalties for violation of chapter.
A. Any person who violates the requirements of section 13.36.040 of this chapter shall, upon conviction of such violation, be punished as provided in Section 1.12.010 of this code.
B. Any person who violates the requirements of Section 13.36.040 of this chapter and whose subsequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for:
1. Any cost incurred by the utility in repairing or replacing its damaged facilities; and
2. Any injury or damage to persons or property resulting from such damage to the underground gas pipe or other utility facilities.
C. Any such person shall also indemnify the affected utility against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipes or other utility facilities.
D. Subsections A and C of this section shall not apply to any person who shall commence, perform or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in the city if the utility to which the notice was given respecting such blasting or excavating with mechanized equipment, as prescribed in Section 13.36.040 of this chapter has failed to comply with Section 13.36.050 of this chapter or has failed to become a member of the utilities protection center as required by Section 13.36.030 of this chapter.
(Prior code § 22-219)
Chapter 13.40
STORMWATER SYSTEM
Sections:
13.40.010 Findings of fact.
13.40.020 Definitions.
13.40.030 Establishment of stormwater utility.
13.40.040 Establishment of enterprise fund.
13.40.050 Establishment of stormwater utility fee.
13.40.060 Exemptions.
13.40.070 Reserved.
13.40.080 Credits.
13.40.090 Appeals.
13.40.100 Stormwater utility bills, payment, delinquency and collection.
13.40.110 Stormwater utility inspections; enforcement.
13.40.010 Findings of fact.
The mayor and council of the city find that it is in the best interest of the health, safety and welfare of the citizens of the city to fund improvements for maintaining and improving water quality and to mitigate and prevent flooding from stormwater runoff and that allocation of the cost of stormwater management among properties and entities in proportion to the long-term demands they impose on the city's stormwater management system is the most practical and equitable approach to such funding. Accordingly, a utility for stormwater management accounted for in the city budget as a separate enterprise dedicated solely to stormwater management provides the most appropriate means of funding stormwater management services in the city.
(Ord. dated 10/5/04 (part))
13.40.020 Definitions.
As used in this chapter, the following words and phrases shall have the meanings set forth in this section unless the context specifically indicates otherwise.
"Channel protection" shall have the same meaning as the term is defined in the Georgia Stormwater Management Manual.
"Credit" means a conditional reduction in the amount of stormwater utility fee to an individual property based upon the terms and conditions of this chapter.
"Customer" means all persons, properties, and entities served by the city's acquisition, management, maintenance, extension, and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities, and activities related thereto, and persons, properties, and entities which will ultimately be served or benefited as a result of the stormwater management program.
"Developed land" means all property not deemed as undisturbed land.
"Disturbed pervious land" means all property that has been cleared of its natural vegetation. Disturbed pervious land includes but is not limited to grassed lawns, landscaped areas, pastures, crop fields, golf courses, and bare soil.
"Equivalent residential unit (ERU)" means the unit of measure which provides the basis for comparing the runoff generated by one parcel with that generated by another. An ERU shall be the median impervious coverage of a statistical sampling of single detached dwelling lots in the city, which has been determined to be two thousand six hundred (2,600) square feet of impervious area.
"Extreme flood protection" shall have the same meaning as the term is defined in the Georgia Stormwater Management Manual.
"Impervious surfaces" means those areas which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings.
"Infiltration" means capture and temporary storage of stormwater runoff before allowing it to infiltrate into the soil over a period of time less than or equal to seventy-two (72) hours.
"Multiple dwelling lot" means a developed lot whereon more than one attached or detached residential dwelling units are located.
"Other developed land" means, but shall not be limited to, commercial and office buildings, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, and agricultural uses covered by impervious surfaces.
"Overbank flood protection" shall have the same meaning as the term is defined in the Georgia Stormwater Management Manual.
"Retention" means procedures and schemes whereby stormwater is held for considerable periods causing water to continue in the hydrological cycle via infiltration, percolation, evapotranspiration, and not via direct discharge to watercourses.
"Single dwelling lot" means a developed lot containing one dwelling structure with its principal use being a residential dwelling.
"Stormwater management system" means the entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site.
"Stormwater utility fees" means the fees applicable to a parcel of developed land, which charge shall be used to fund the city's cost of providing stormwater management services.
"Undisturbed land" means land in its unaltered natural state and which has no pavement, asphalt, or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate, or flow in a manner materially different than that which would occur if the land was in an unaltered natural state.
"Water quality volume" shall have the same meaning as the term is defined in the Georgia Stormwater Management Manual.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(Ord. dated 10/5/04 (part))
13.40.030 Establishment of stormwater utility.
There is hereby established a stormwater utility within the public works department of the city for the purpose of operation, maintenance and improvement of public stormwater systems and facilities.
(Ord. dated 10/5/04 (part))
13.40.040 Establishment of enterprise fund.
A. A stormwater enterprise fund shall be established in the city's budget and accounting system for the purpose of dedicating and protecting all funding applicable to the stormwater utility, including without limitation such rates, fees, charges and licenses as may be established by the city council.
B. Except as provided in subsection C of this section, all revenues and receipts of the stormwater utility shall be credited to the stormwater enterprise fund and all expenses of said utility shall be paid from the stormwater enterprise fund, except that revenues from other sources may be applied to stormwater operations, maintenance and capital improvements as deemed appropriate by the city council.
C. All or any portion of revenue from operation of the stormwater utility may be pledged to the payment of principal or premium, if any, and interest on any revenue bonds or other obligations duly authorized by resolution of the city council.
(Ord. dated 10/5/04 (part))
13.40.050 Establishment of stormwater utility fee.
A stormwater utility fee in the amount of three dollars per ERU per month is hereby established in order to recover the city's cost of providing stormwater services and to fairly and reasonably apportion such costs among properties within the corporate limits of the city.
(Ord. dated 10/5/04 (part))
(Ord. dated 2/16/09, § 1)
13.40.060 Exemptions.
The following are exempt from imposition of stormwater utility fees:
A. Rights-of-way of public streets, alleys, highways, roads and utilities;
B. Railroad rights-of-way (tracks). However, railroad stations, maintenance buildings, or other developed land used for railroad purposes shall not be exempt from stormwater utility fees.
(Ord. dated 10/5/04 (part))
13.40.070 Reserved.
Editors Note: Ord. dated February 16, 2009, repealed § 13.40.070, which pertained to adjustments to the stormwater utility fee and derived from Ord. dated Oct. 5, 2004 (part).
13.40.080 Credits.
Property owners of developed land may receive a stormwater utility fee credit for on-site systems or facilities, based on the technical requirements, design and performance standards contained in the Georgia Stormwater Management Manual and the city of Covington Stormwater Utility Credit and Adjustment Policy Manual. Stormwater utility fee credits may total up to eighty-five (85) percent of the utility fee applicable to a property, and shall be granted in the following increments:
A. Ten (10) percent credit for on-site systems or facilities sized and functioning to meet water quality volume in accordance with the Georgia Stormwater Management Manual;
B. Ten (10) percent credit for on-site systems or facilities properly sized and functioning to meet the channel protection in accordance with the Georgia Stormwater Management Manual;
C. Ten (10) percent credit for on-site systems or facilities sized and functioning to meet the overbank flood protection in accordance with the Georgia Stormwater Management Manual;
D. Ten (10) percent credit for on-site systems or facilities sized and functioning to meet the extreme flood protection in accordance with the Georgia Stormwater Management Manual;
E. Five percent credit for compliance with an existing NPDES permit for industrial activity; or
F. Low Impact Parcel Credit of twenty-five (25) percent for parcels larger than 0.58 acre with an impervious area of less than 14.4 percent of the total area of the parcel.
G. Fifteen (15) percent credit for stormwater runoff in the form of sheet flow or other non-channelized flow from public property onto private property.
H. One hundred (100) percent credit for one hundred (100) percent retention of the one hundred (100) year storm.
Public and private school systems with two hundred (200) or more students are eligible for an additional ten (10) percent credit for teaching an approved environmental science curriculum in grades Kindergarten (K) through twelve (12).
(Ord. dated 6/2/08 § 5; Ord. dated 10/5/04 (part))
(Ord. dated 2/16/09, §§ 3--5)
13.40.090 Appeals.
Any property owner aggrieved by a decision of the public works department upon an application for an adjustment or credit against a stormwater utility fee as provided in Sections 13.40.070 or 13.40.080 of this chapter may appeal such decision to the board of appeals and adjustments of the city in the manner provided in Sections 16.12.040 and 16.12.050 of this code.
(Ord. dated 4/7/08 § 4 (part); Ord. dated 10/5/04 (part))
13.40.100 Stormwater utility bills, payment, delinquency and collection.
Bills for stormwater utility services shall be mailed to owners of property of record as of January 1st of each year at such intervals as deemed most practicable by the public works department, shall be due and payable within thirty (30) days after such mailing and shall be delinquent if unpaid after said thirty (30) day period. The city shall have a lien, effective as of January 1st of each year, against the property for which stormwater utility services are provided in the amount billed for such services. Said liens may be perfected by filing a notice of same in the General Execution Docket of Newton County, Georgia, and may be collected, along with penalties and interest, in the same manner a provided for the collection of ad valorem taxes in Title 48, O.C.G.A.
(Ord. dated 8/6/07)
13.40.110 Stormwater utility inspections; enforcement.
A. Every owner of property, any part of which lies within the corporate limits of the city, shall provide, maintain and operate on-site systems and facilities sufficient to collect, detain, control, convey and discharge stormwater in a manner consistent with the ordinances and regulations of the city and applicable state and federal laws and regulations. Failure to meet this obligation shall constitute a nuisance which may be abated under the procedure provided in Section 8.12.030, et seq. of this code.
B. The city, through its designated officers and employees, shall have the right to enter upon private property, upon reasonable notice to the owner thereof, for the purpose of inspecting the property and conducting surveys and engineering tests thereon in order to ensure compliance with this chapter.
(Ord. dated 10/5/04 (part))
Chapter 13.44
CABLE FRANCHISES AND REGULATIONS
Sections:
13.44.010 Definitions and word usage.
13.44.020 Grant of franchise.
13.44.030 Construction provisions.
13.44.040 System facilities, equipment, and services.
13.44.050 Customer service.
13.44.060 Rate regulation.
13.44.070 Franchise fee.
13.44.080 Insurance--Indemnification.
13.44.090 Transfers and assignments.
13.44.100 Discrimination prohibited.
13.44.110 Miscellaneous provisions.
13.44.010 Definitions and word usage.
For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated or unless defined within a franchise agreement. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their meaning according to common usage within the cable television business. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, 47 U.S.C. Sections 521 et seq., as amended, and, if not defined therein, their meaning according to common usage within the cable television business. Words not defined that have no meaning within the cable television business shall be given their common and ordinary meaning.
"Access channel" means any channel on a cable system set aside by a franchise for noncommercial public, educational, or governmental ("PEG") use.
"Basic service" means any service tier that includes the retransmission of local television broadcast signals as well as the public, educational and government channels required under a franchise.
"Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. Sections 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No 102-385 (1992); by the Telecommunications Act of 1996, Pub. L. No. 104 - 104 (1996); and as further amended from time to time.
"Cable service" means: (1) the one-way transmission to subscribers of video programming or other programming services; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
"Cable system or system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and/or producing, receiving, amplifying, storing, processing, switching, or distributing audio, video, digital or other forms of electronic signals sold or distributed to subscribers, but such term does not include: (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves subscribers, without using any public rights-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with Section 653 of the Cable Act, the rules and regulations of the FCC, and local law; or (5) any facilities of any electric utility used solely for operating its electric utility systems.
"City" means the city of Covington, Georgia, and the area within its corporate limits, as the same may from time to time be delineated.
"Council" means the governing body of the city of Covington, Georgia, or any successor to the legislative powers of the present council.
"Emergency" means a sudden, unforeseen event potentially causing significant property damage, destruction, or loss of life.
"Existing franchisee" means a person who is operating a cable system pursuant to a valid franchise granted by the city as of the effective date of this chapter.
"FCC" means the Federal Communications Commission, its designee, or any successor governmental entity thereto.
"Franchise" means a nonexclusive authorization granted in accordance with this chapter to construct, operate, and maintain a cable system along the public rights-of-way and provide cable service within all or a specified area of the city.
"Franchise agreement" means a contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth the terms and conditions under which a franchise will be exercised.
"Franchise area" means the area of the city that a franchisee is authorized to serve by its franchise agreement.
"Franchisee" means a natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a cable franchise by the city.
"Gross revenues" means any and all revenues, as determined in accordance with generally accepted accounting principles ("GAAP"), of any kind arising from, attributable, or in any way, directly or indirectly, derived by the franchisee or its affiliates, or by any other entity that is a cable operator of the system from the operation of the franchisee's cable system to provide cable services to subscribers within the corporate limits of the city. Gross revenues includes, as illustrations and not limited to, monthly fees charged to subscribers for any basic, optional, premium, per-channel, per-program service, on-demand service, service provided over the cable system, or other cable service, including without limitation, installation, disconnection, reconnection, and change-in-service fees, leased access channel fees, late fees, administrative fees and advertising revenue, the fair market value of consideration received by the franchisee for use of the cable system to provide cable service and accounted for as revenue under GAAP, revenues from program guides, revenues from the sale or carriage of other related cable services, and revenues from home shopping and other revenue sharing arrangements. Gross revenue shall not include bad debt; provided that any such bad debt written off but subsequently collected shall be included in gross revenues in the period collected, credits, refunds and deposits paid to subscribers, FCC user fees, any taxes on services rendered by the franchisee that are imposed directly on any subscriber by the state of Georgia, the city, or any other governmental entity and which are collected by the franchisee on behalf of such governmental entity; however, a franchise fee is not such a tax.
"Overlapping franchisee" means a person who is awarded a franchise after the effective date of this chapter to operate a cable system in an area of the city that is served by an existing franchisee.
"Person" means an individual, partnership, association, joint stock company, developer, organization, corporation, or any lawful successor thereto or transferee thereof, but such term does not include the city.
"Public rights-of-way" means the public streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, alleys, and all other public rights-of-way and easements, and public grounds within the corporate limits of the city and under its jurisdictional control.
"Section" means any section, subsection or provision of this chapter.
"Service" means any cable service, including any basic service or any other cable service, whether originated by the franchisee or any other person, which is offered to any person in conjunction with, or distributed over, the cable system.
"Subscriber" means any individual, partnership, association, limited liability company, trust, corporation, governmental entity, or any other lawful entity that lawfully receives cable service over the cable system with the franchisee's express authorization.
(Ord. dated 8/20/07 (part))
13.44.020 Grant of franchise.
A. Grant of Franchise. The city may grant one or more cable television franchises, and each such franchise shall be awarded in accordance with and subject to the provisions of this chapter.
B. Franchise Required. No person may construct or operate a cable system in the city without a franchise granted by the city. No person may be granted a franchise without having entered into a franchise agreement with the city pursuant to this chapter.
C. Council Action Required. All franchises, and all renewals thereof shall be granted only by resolution of the council. No such resolution shall be adopted before the application therefor has been filed with the council through the city clerk.
D. Length of Franchise. A franchise shall initially be granted for a period as set forth in a franchise agreement. A franchisee may apply for renewal pursuant to federal law.
E. Franchisee Subject to Other Laws, Police Power. A franchisee's rights are subject to the police powers of the city to adopt and enforce ordinances necessary to ensure the health and safety of the public. A franchisee shall comply with all generally applicable laws and ordinances lawfully enacted by the city pursuant to that power.
F. Operation of a Cable System Without a Franchise. Any person who occupies public rights-of-way for the purpose of operating or constructing a cable system and who does not hold a valid franchise from the city shall be subject to all provisions of this chapter, including, but not limited to, its provisions regarding construction and technical standards, and franchise fees. In its discretion, the city at any time may: (1) require such person to enter into a franchise agreement within thirty (30) days of receipt of a written notice by the city that a franchise agreement is required; (2) require such person to remove its property and restore the area to a condition satisfactory to the city within such time period; (3) remove the property itself and restore the area to a satisfactory condition and charge such person the costs therefor; and/or (4) take any other action it is entitled to take under applicable law. In no event shall a franchise be created unless it is issued by action of the city and subject to a written franchise agreement.
(Ord. dated 8/20/07 (part))
13.44.030 Construction provisions.
A. Construction Schedule for New Systems. The following requirements apply to the initial construction of a cable system. The construction requirements for any upgrade or rebuild of an existing system shall be contained in a franchise agreement.
1. Timetable for Construction. A franchisee shall complete construction of its cable system within twenty-four (24) months of the effective date of a franchise or as otherwise provided in its franchise agreement.
2. Distribution System Location. At least sixty (60) days in advance of the scheduled commencement of construction of a cable system, the franchisee shall submit a detailed distribution system location plan to the city. The system location should be on maps of industry standard scale.
3. Construction Plan.
a. The franchisee shall follow the system location plan, construction schedule, and the construction practices manual submitted except insofar as those plans or practices, if carried out, would not meet the requirements of the franchise agreement, this chapter, or applicable law.
b. The franchisee shall maintain a public file showing its plan and timetable for construction of the cable system, together with information showing its progress on that plan and timetable.
c. The franchisee shall provide updated strand system location maps to the city within ninety (90) days of the completion of construction of any planned phase or construction node. The maps should be developed on the basis of post-construction inspection by the franchisee and construction personnel to assess compliance with system design.
d. Failure on the part of a franchisee to commence and diligently pursue each of the requirements set forth in its franchise agreement, in this chapter, or to comply with the system location and construction plan submitted to and approved by the city, shall be grounds for termination of its franchise; provided, however, that the council in its discretion may extend the time for the completion of construction and installation for such additional periods, as it considers appropriate, in the event a franchisee, acting in good faith, experiences delays in adhering to the construction schedule by reason of circumstances beyond its reasonable control.
4. Performance Bond.
a. Prior to initial construction of a cable system, a franchisee shall provide the city a performance bond in an amount equal to one hundred (100) percent of the total cost of the work.
b. In the event a franchisee subject to such a performance bond fails to complete the cable system construction, upgrade or rebuild in a safe, timely, and competent manner in accord with the provisions of a franchise agreement and this chapter, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered to the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the franchisee, or the cost of completing the cable system construction, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond.
c. Upon completion of the cable system construction and payment of all construction obligations of the cable system to the satisfaction of the city, the city shall eliminate the bond. A renewal franchise agreement may provide that, prior to any rebuild or upgrade of an existing system, a franchisee shall establish in the city's favor a performance bond in an amount equal to ten (10) percent of the cost of work, not to exceed one million dollars ($1,000,000.00).
d. The performance bond shall contain an endorsement that prohibits the cancellation of the bond until sixty (60) days' notice of such cancellation or intent not to renew is sent to the city by certified mail.
B. Construction Procedures.
1. A franchisee shall construct, operate and maintain the cable system subject to the supervision of all of the authorities of the city who have jurisdiction in such matters, and in strict compliance with all laws, ordinances, departmental rules, orders, and regulations affecting the system.
2. The cable system, and all parts thereof, shall be subject to the right of periodic inspection by the city.
3. No construction or other activity on or related to a cable system, including any activity within a public right-of-way, shall be commenced by a franchisee until all required permits and approvals have been obtained from the city and other relevant authorities.
C. Construction Standards.
1. The construction, operation, maintenance, and repair of a cable system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, the National Electrical Safety Code, the National Electric Code, Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; Construction, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules Part 17; all applicable utility construction requirements of the state; and other applicable federal, state, or local laws and regulations that may apply to the operation, construction, maintenance, or repair of a cable system, including, without limitation, local zoning and construction codes, and laws and accepted industry practices.
2. All wires, cable lines, and other transmission lines, equipment, and structures shall be installed and located so as to cause no material interference with the rights and convenience of other property owners.
3. A franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to employees of franchisee.
4. A franchisee shall not place facilities, equipment, or fixtures where they will interfere with any gas, electric, telephone, water, sewer, or other utility facilities, or facilities of another cable system, or obstruct the various utilities or other franchisees serving the residents of the city or their use of any public rights-of-way.
5. Any and all public rights-of-way, public property, or private property that is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, or construction of a cable system shall be promptly repaired by the franchisee, and restored to a condition reasonably comparable to its condition prior to the disturbance or damage.
6. In all areas of the city where all cables, wires or other like facilities of all public utilities are placed underground, a franchisee shall likewise place its cables, wires, or other facilities underground, except as otherwise permitted by the city by prior written order, and shall fully comply with the requirements of the Georgia Utility Facility Protection Act (O.C.G.A. Section 25-91-1, et seq.)
D. Conditions of Access.
1. No person who owns or controls any residential multiple dwelling unit, trailer park, condominium or apartment complex, or subdivision shall interfere with a franchisee's right to use the easements of any subdivision for the construction, installation, maintenance and repair of a cable system, or enter into any arrangement with a third party to do so.
2. A franchisee shall remain the sole owner of all cable and equipment used in providing cable services to any tenant or lawful resident of any residential multiple dwelling unit, trailer park, condominium or apartment complex, or subdivision. Subject to applicable federal regulations at the conclusion of service, a franchisee shall have the right to remove all cable and equipment, and a franchisee shall not be denied access to the premises to effectuate such removal.
E. Area Served. Unless otherwise provided in a franchise agreement, a franchisee shall build its cable system so that it is able to provide cable service to all residential dwellings located within its franchise area in accordance with the line extension requirements in subsection F below.
F. Line Extension Requirements.
1. Density Requirements. Unless otherwise provided in a franchise agreement, a franchisee shall extend its trunk and distribution system to serve subscribers requesting cable service after the date hereof at no charge where the density of potential subscribers to be passed by such extension is equal to or greater than twenty (20) potential subscribers per mile measured from the nearest point of the franchisee's nearest trunk amplifier.
2. Cost Sharing.
a. In the event that the requirements set forth in subsection (F)(1) of this section are not met, a franchisee must, upon the request of a potential subscriber or subscribers, extend its cable system based upon the following cost-sharing formula. The franchisee shall contribute an amount equal to the construction costs per quarter mile multiplied by the length of the extension in quarter miles, multiplied by a fraction where the numerator equals the number of actual potential subscribers per quarter mile at the time of the request and whose denominator equals four. Persons requesting service will be required to bear the remainder of the total construction costs on a pro rata basis.
b. As used in subsection (F)(2) of this section, "construction costs" are defined as the actual turnkey cost to construct the entire extension, including electronics, pole make-ready charges, and labor, but not the cost of the house drop. This provision applies to subdivisions and businesses as well as residences. Any amount contributed by a person requesting extension must be returned on the following basis: At the end of each calendar year, the franchisee must calculate the amount any contributing person would have paid had the extension been made at that time and pay back the difference between the amount actually collected from that person and the amount which would then be owed.
c. Installation of Service Drops. Except as federal regulations may otherwise allow, the franchisee shall not assess any additional cost beyond its standard installation charge for service drops of one hundred twenty-five (125) aerial feet (or seventy-five (75) underground feet) or less, unless the franchisee demonstrates to the city's satisfaction that extraordinary circumstances justify a higher charge. Where a drop exceeds one hundred twenty-five (125) aerial (or seventy-five (75) underground) feet in length, a franchisee may charge the subscriber for the difference between franchisee's actual costs associated with installing a one hundred twenty-five (125) foot aerial (or seventy-five (75) foot underground) drop, and the franchisee's actual cost of installing the longer drop, provided that drop length shall be the shorter of: (1) the actual length of installed drop, or (2) shortest distance to the point where the franchisee would be required to extend its distribution system.
3. Location of Drops. Except as federal regulations may otherwise allow, in any area where a franchisee would be entitled to install a drop above-ground, the franchisee will provide the homeowner the option to have the drop installed underground, but may charge the homeowner the difference between the actual cost of the above-ground installation and the actual cost of the underground installation.
4. Time for Extension. A franchisee must extend service to any person who requests it: (1) within seven working days of the request, where service can be provided by activating or installing a drop; (2) within thirty (30) days of the request in any area otherwise meeting the requirements of subsection (F)(1) of this section, or where an extension of one-half mile or less is required; or (3) within six months where an extension of one-half mile or more is required.
G. Inspections During Construction. The city may conduct inspections of construction areas and subscriber installations. The franchisee shall be notified of any violations found during the course of inspections. The franchisee must bring violations into compliance within thirty (30) days of the date notice of violation is given, and must submit a report to the city describing the steps taken to bring itself into compliance. Inspection does not relieve the franchisee of its obligation to build in compliance with all provisions of the franchise.
H. Use of Public Property.
1. Should the grades or lines of the public rights-of-way that a franchisee is authorized to use and occupy be changed at any time during the term of the franchise, the franchisee shall, if necessary, at its own cost and expense, relocate or change its cable system so as to conform with the new grades or lines. Notwithstanding the foregoing, if public funds are available, franchisee will be reimbursed in the same manner as other utilities.
2. Any alteration to the water mains, sewerage or drainage system or to any city, state or other public structures in the public rights-of-way required on account of the presence of the cable system in the public rights-of-way shall be made at the sole cost and expense of the franchisee. During any work of constructing, operating or maintaining of the cable system, the franchisee shall also, at its own cost and expense, protect any and all existing structures belonging to the city or any other person. All work performed by the franchisee pursuant to this section shall be done in the manner prescribed by the city or other officials having jurisdiction therein.
I. Publicizing Proposed Construction Work. A franchisee shall publicize proposed construction work at least one week prior to commencement of that work by causing written notice of such construction work to be delivered to the city and by notifying those persons most likely to be affected by the work in any manner reasonably calculated to provide adequate notice. In addition, before entering onto any person's property, a franchisee shall use its best efforts to contact the property owner or (in the case of residential property) the resident at least three days in advance.
J. System Maintenance.
1. Interruptions to be Minimized. A franchisee shall schedule maintenance so that activities likely to result in an interruption of cable service are performed during periods of minimum subscriber use of the system.
2. Lines Kept in Good Repair. All lines, equipment and connections in, over, under and upon the streets and public ways and private property in the city, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition, and in good order and repair.
(Ord. dated 8/20/07 (part))
13.44.040 System facilities, equipment, and services.
A. Service to Municipal Buildings. Unless provided otherwise in a franchise agreement, a franchisee shall install, at no charge, one cable service outlet at all city buildings within the franchise area that are located within one hundred twenty-five (125) feet of franchisee's distribution service tap, and shall charge only its time and material costs for any additional service outlets to such facilities as shall be requested by the city. The franchisee shall provide full basic service to all outlets in such buildings free of charge, provided, however, that franchisee shall not be required to provide converters or any other equipment free of charge.
B. Emergency Alert System. A franchisee shall comply with the applicable FCC regulations concerning the emergency alert system (EAS).
C. Public, Educational and Governmental Access Channels. A franchisee shall provide channels, facilities, and/or support for public, educational, and/or governmental use as provided in its franchise agreement.
(Ord. dated 8/20/07 (part))
13.44.050 Customer service.
A franchisee shall at all times satisfy any customer service requirements applied to cable operators by state or federal law or regulation, specifically including 47 C.F.R. Section 76.309, or by this chapter. Similarly, nothing in this section in any way relieves the franchisee of its obligation to comply with applicable consumer protection laws.
(Ord. dated 8/20/07 (part))
13.44.060 Rate regulation.
The city shall have the right to regulate rates as permitted by applicable state and federal law.
(Ord. dated 8/20/07 (part))
13.44.070 Franchise fee.
A. Payment to City. A franchisee shall pay to the city an annual franchise fee in an amount, established in a franchise agreement, not to exceed five (5) percent of its gross revenues. Franchise fees may be passed through to subscribers as a line item on subscriber invoices and otherwise.
B. Payment Period. Payments due the city under this provision shall be submitted quarterly to the city or as otherwise provided in a franchise agreement. The franchisee shall file a complete and accurate verified statement of all gross revenues derived from the provision of cable service during the period for which such payment is made no later than sixty (60) days following the end of each quarter.
C. Audit. The city shall have the right to audit a franchisee's fiscal and financial records, and to recompute any amounts that are payable under this section by the franchisee for a period of three years after receipt thereof, after which payments shall be final. Any additional amounts due to the city as a result of the audit shall be paid within sixty (60) days following written notice to the franchisee by the city of the underpayment, which notice shall include a copy of the audit.
(Ord. dated 8/20/07 (part))
13.44.080 Insurance--Indemnification.
A. Indemnity.
1. Scope of Indemnity. To the extent permitted by law, and except as to matters arising out of the city's negligence, franchisee shall indemnify, hold harmless, and defend the city against any and all claims, causes of action, proceedings, and judgments for damages arising out of the construction, repair, maintenance and operation of the cable system.
2. Duty to Give Notice and Tender Defense. The city must give the franchisee timely written notice within twenty (20) business days of the making of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity of this section. In the event such claim arises, the city or any other indemnified party shall tender the defense thereof to the franchisee and the franchisee shall have the right to defend, settle or compromise any claims arising hereunder and the city shall cooperate fully therein.
B. Insurance.
1. The franchisee shall maintain throughout the duration of the term of the franchise, liability insurance covering the franchisee, and naming the city, its officers, agents and employees, whether elected or appointed, as additional insureds, against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction erection, operation or maintenance of any aspect of the cable system, in amounts not less than the following, and with such deductibles as are ordinary and reasonable in keeping with industry standards, unless otherwise provided in a franchise agreement:
a. Comprehensive General Liability. Combined single limit of not less than one million dollars ($1,000,000.00); and
b. Comprehensive Automobile Liability. Combined single limit of not less than one million dollars ($1,000,000.00).
2. Franchisee shall provide thirty (30) days advance notice to the city in the event of material alteration, or cancellation of any such coverage.
3. Proof of insurance, such as an ACORD certificate or similar proof of the insurance required hereunder, shall be furnished upon request to the city.
(Ord. dated 8/20/07 (part))
13.44.090 Transfers and assignments.
City Approval Required. A franchise may not be assigned, and there may be no transfer of control of the franchisee, without the express prior permission of the city, except as otherwise provided under federal law or as provided in a franchise agreement.
(Ord. dated 8/20/07 (part))
13.44.100 Discrimination prohibited.
A. Discriminatory Practices Prohibited. A franchisee shall not deny access or levy different rates and charges on any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides.
B. Subscriber Privacy. A franchisee shall at all times protect the privacy of all subscribers pursuant to the provisions of Section 631 of the Cable Act, 47 U.S.C. Section 551. A franchisee shall not condition subscriber service on the subscriber's grant of permission to disclose information which, pursuant to federal or state law, cannot be disclosed without the subscriber's explicit consent.
(Ord. dated 8/20/07 (part))
13.44.110 Miscellaneous provisions.
A. Compliance with Laws. Each franchisee shall comply in all material respects with all federal and state laws, as well any generally applicable ordinances, resolutions, rules and regulations adopted or established by the city during the entire term of its franchise.
B. Incorporation by Reference. Any franchise granted pursuant to this chapter shall include a provision that shall incorporate by reference this chapter. To the extent that there is a conflict between this chapter and the specific terms of any franchise agreement, this chapter shall control.
C. Force Majeure. A franchisee shall not be deemed in default with provisions of its franchise where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond the franchisee's reasonable control, and a franchise shall not be revoked or a franchisee penalized for such noncompliance, provided that the franchisee takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its franchise without unduly endangering the health, safety, and integrity of the franchisee's employees or property, or the health, safety, and integrity of the public, public rights-of-way, public property, or private property.
D. Equalization of Civic Contributions. In the event the city grants a franchise to an overlapping franchisee to provide cable service in the franchise area, the overlapping franchisee shall be required to provide all municipal benefits provided by an existing franchisee. For purposes of this section, municipal benefits shall include, but are not limited to, access channels and facilities, institutional networks, maintenance, equipment, personnel, programming, cash supports, and all other costs related to the provision of such benefits. The requirements imposed on any overlapping franchisee shall not be more favorable or less burdensome than those applied to an existing franchisee. If the franchise granted to the overlapping franchisee contains provisions imposing lesser obligations than the obligations imposed on an existing franchisee, the existing franchisee may petition the city for a modification of its franchise agreement. The existing franchisee shall be entitled, with respect to such lesser obligations, to modifications of its franchise so as to insure fair and equal treatment and to provide all parties equal protection under the law.
E. Severability. If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. Except as specifically addressed in this chapter, if any material provision or requirement of this chapter is declared unenforceable with respect to a particular franchisee by any court, agency, commission, or other authority of competent jurisdiction, or not enforced against a particular franchisee, then that provision shall not be enforced against any other franchisee.
F. Notice. Every direction, notice or order to be served upon the franchisee shall be sent to its local office, or as designated in a franchise agreement. Every notice to be served upon the city shall be delivered, with registered letter by registry receipt, to the city clerk. The delivery or mailing of such notice, direction or order shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of delivery.
(Ord. dated 8/20/07 (part))