Published by Municipal Code Corporation

ORDINANCE NO. 1536

AN ORDINANCE REPEALING AND REENACTING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND JUNCTION FOR REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; PROVIDING CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, IN THE CITY OF GRAND JUNCTION, COLORADO.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

ARTICLE I

Definitions

Sec. 25-14. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

a. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20° C, expressed in milligrams per liter.

b. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

c. "Building Sewer" shall mean the extension from the building drain to the building property line.

d. "City" shall mean the City of Grand Junction, Colorado.

e. "Color" shall mean the true color due to the substances in solution expressed in milligrams per liter.

f. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

g. "Director" shall mean the Utilities Director of the City of Grand Junction, Colorado, or his authorized deputy or representative.

h. "Garbage" shall mean purtrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

i. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

j. "Natural Outlet" shall mean any outlet into a water-course, pond, ditch, lake or other body of surface or groundwater.

k. "Normal Sewage" shall mean that waste having a Biochemical Oxygen Demand of two hundred fifty (250) milligrams per liter or less, and having suspended solids of three hundred (300) milligrams per liter or less.

l. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

m. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

n. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one half (1/2) inch (1.27 centimeters) in any dimension.

o. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

p. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

q. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

r. "Water Pollution Control Plant" shall mean any arrangement of devices and structures used for treating sewage.

s. "Sewerage System" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

t. "Sewer" shall mean a pipe or conduit for carrying sewage.

u. "Shall" is mandatory; "May" is permissive.

v. "Storm Drain" (Sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

w. "Suspended Solids" shall mean solids that either float on the surface of,or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

x. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously, or intermittently.

ARTICLE II

Use of Public Sewers Required

Sec. 25-15. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

Sec. 25-16. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

Sec. 25-17. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

Sec. 25-18. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within one hundred twenty (120) days after date of official notice to do so, provided that said public sewer is within four hundred (400) feet (122 meters) of the property line.

ARTICLE III

Private Sewage Disposal

Sec. 25-19. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 25-18, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

Sec. 25-20. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Colorado.

Sec. 25-21. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article III, Section 25-20, a direct connection shall be made to the public sewer in compliance with this ordinance within one hundred twenty (120) days after date of official notice to do so, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

Sec. 25-22. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

Sec. 25-23. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Mesa County Health Officer.

ARTICLE IV

Building Sewers and Connections

Sec. 25-24. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the plumbing inspector.

Sec. 25-25. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Sec. 25-26. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

Sec. 25-27. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director to meet all requirements of this ordinance.

Sec. 25-28. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations by the City.

Sec. 25-29. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

Sec. 25-30. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Sec. 25-31. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.

Sec. 25-32. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

ARTICLE V

Use of the Public Sewers

Sec. 25-33. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooking water, or unpolluted industrial process waters to any sanitary sewer, unless special permission is granted in writing by the Director.

Sec. 25-34. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Director, to a storm sewer, combined sewer, or natural outlet.

Sec. 25-35. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

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

b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the water pollution control plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

c. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage system.

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

Sec. 25-36. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse affect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the water pollution control plant, degree of treatability of wastes in the water pollution control plant and other pertinent factors. The substances prohibited are:

a. Any liquid or vapor having a temperature higher than one hundred fifty (150)° F (65° C).

b. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l.

c. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

d. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Director as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

e. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director incompliance with applicable State or Federal regulations.

f. Any waters or wastes having a pH in excess of 9.5.

g. Any waters or wastes having an objectional color which is not removable in the existing water pollution control plant processes.

h. Any wastes or wastes having unusual B.O.D., chemical oxygen demand, or chlorine requirements, as determined by the Director to constitute a significant load on the sewage treatment system.

i. Any waters or wastes discharged in such volume as to exceed the hydraulic capacity of the sewerage system.

j. Any waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the water pollution control plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

Sec. 25-37. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 25-36 of this Article, and which in the judgment of the Director, may have a deleterious effect upon the sewerage system,processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:

a. Reject the wastes,

b. Require pretreatment to an acceptable condition for discharge to the public sewers,

c.Require control over the quantities and rates of discharge, and/or

d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 25-42 of this Article.

If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director, and subject to the requirements of all applicable codes, ordinances and laws.

Sec. 25-38. Grease,oil, and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director, and shall be located as to be readily and easily accessible for cleaning and inspection.

Sec. 25-39. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Sec. 25-40. When required by the Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

Sec. 25-41. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.

Sec. 25-42. No statement contained in this article 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.

ARTICLE VI

Protection from Damage

Sec. 25-43. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

ARTICLE VII

Powers and Authority of Inspectors

Sec. 25-44. The director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Director or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

Sec. 25-45. While performing the necessary work on private properties referred to in Article VII, Section 25-44 above, the Director or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Sec. 25-40.

Sec. 25-46. The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

ARTICLE VIII

Service charges; permits and collection practices

Sec. 25-47. a. Commencing December 1, 1974, there shall be levied and assessed upon each lot, parcel of land, building or premises having any connection, or eligible for connection under Sec. 25-18 of the Code with the sewer system of said City, sewer service charges or rentals as follows:

b. No connection shall be made to the city's sewerage system until a permit therefor has been obtained from the building department of the city and a fee of five dollars ($5.00) paid for such permit.

c. The cost of connection to the city's sewerage system shall be as provided in Section 18-19 of this Code. The cost therein provided for contemplates that the city will perform the installation of the required laterals. The city engineer may determine that the laterals are to be installed by the proposed connector, in which event, the connection charge may be adjusted by the engineer to effect a fairness of charge for the connection.

Sec. 25-48. All sewer rental charges shall be added to and made a part of the water bill and shall be paid in the same manner and shall be subject to the same rules and regulations as provided for payment of other water bills.

Sec. 25-49. All sewer rental charges shall constitute a lien upon any lot, land, building or premises served and in the event said charges shall not be paid when due, the said service may be disconnected by the city without further notice, by shutting off the water supply therefrom, or the city clerk may certify the charge to the county treasurer to be by him placed upon the tax list for the current year to be collected in the manner other taxes are collected, with ten per cent added thereto to defray the cost of collection; and all laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same shall apply.

Sec. 25-50. If the sewer service is disconnected by shutting off the water supply, reconnection shall be made only upon the payment of all delinquencies plus a reconnecting charge as provided in Section 31-6.

Sec. 25-51. The funds received from the collection of the charges or rentals authorized by this chapter shall be deposited with the city treasurer and shall be by him deposited in a fund to be known as the "Water and Sewer Fund" and, when appropriated by the city council, shall be used for the maintenance, operation, extension and improvement of either the sewer or water system, or both such systems, and for interest on and discharging of principal of bonds and other obligation incurred in the acquisition, construction, improvement and extension of either or both such systems.

Sec. 25-52. It shall be unlawful, after sewer service has been disconnected by shutting off the water supply or in any other manner, for any person to reconnect the same without the consent of the city, and any person violating this provision shall be deemed guilty of a misdemeanor.

Sec. 25-53. When the course of the private sewer is not the same as the junction piece it must be connected therewith by a curve of not less than eight (8) feet radius, and in all changes of direction, either horizontal or vertical, curved pipe must be used.

Sec. 25-54. The inside of every private sewer connecting with a public or district sewer must be smooth and perfectly clean throughout its entire length, and the ends of all pipes not to be immediately used must be securely guarded against the introduction of sand or earth, by brick and cement or other watertight and impervious metal.

Sec. 25-55. (a) It is the policy of the city to permit connection to the city's sewerage system for property lying outside of the city limits, where it is not in any way possible for such property to annex to the city to obtain such service, and where such connection is feasible. Such connection shall be made through agreement between the city and the property owner or owners with the charge therefor being determined as a part of such agreement.

b. Service charges for users of the system outside of the city shall be double the rate charged the users inside the city on the basis as set out in Section 25-47 of this chapter.

Sec. 25-56. No property outside the city shall be connected to the sewer system of the city until and unless the owner thereof shall submit an application, together with a signed and sworn statement showing the plan, size and type of connection desired and the number of persons who will use the property so connected. Such plans and statement shall be referred to and examined by the city engineer and the plumbing inspector of the city and they shall respectively endorse their approval or disapproval of the same as complying or failing to comply with all of the ordinances, regulations and rules concerning connections with the sewer system of the city.

ARTICLE IX

Penalties

Sec. 25-57. Any person found to be violating any provision of this ordinance except Article VI shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

Sec. 25-58. Any person who shall continue any violation beyond the time limit provided for in Article VIII, Sec. 25-47, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding three hundred dollars ($300), or ninety days imprisonment, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

Sec. 25-59. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

ARTICLE X

Validity

Sec. 25-60. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Sec. 25-61. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

PASSED and ADOPTED this 4th day of December, 1974.

Elvin G. Tufly

____________________

President Pro Tem of the Council

ATTEST:

Neva B. Lockhart

____________________

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 1536, was introduced, read and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 20th day of November, 1974, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 5th day of December, 1974.

Neva B. Lockhart

____________________

City Clerk

Pub 11-23-74

Final pub 12-6-74

Effective 1-6-75