TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 2 UTILITIES – SANITARY SYSTEM

6-2-1 – Definitions
6-2-2 – Use of Public Sewers Required
6-2-3 – Private Sewage Disposal
6-2-4 – Building Sewers and Connections
6-2-5 – Use of the Public Sewers
6-2-6 – Protection from Damage
6-2-7 – Powers and Authority to Inspectors
6-2-8 – Penalties

6-2-1 – DEFINITIONS.

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

1. “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized
   in the biochemical oxidation of organic matter under standard laboratory procedure
   in five (5) days at 20 C, expressed in milligrams per liter or parts per million.
2. “Building Drain” shall mean that part of the lowest horizontal piping of a drainage
   system which receives the discharge from soil, waste, and other drainage pipes inside
   the walls of the building and conveys it to the building sewer, beginning five (5)
   feet (1.5 meters) outside the inner face of the building wall. (IAC 567-69.3(1))
3. “Building Sewer” shall mean the extension from the building drain to the public
   sewer or other place of disposal. (IAC 567-69.3(1))
4. “Combined Sewer” shall mean a sewer receiving both surface runoff and sewage
5. “Garbage” shall mean solid wastes from the domestic and commercial preparation,
   cooking, and dispensing of food, and from the handling, storage, and sales of produce.
6. “Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes,
   trade, or business as distinct from sanitary sewage.
7. “Natural Outlet” shall mean any outlet into watercourse, pond, ditch, or other body
   of surface or groundwater.
8. “Person” shall mean any individual, firm, company, association, society, corporation,
   partnership, limited liability company, or group.
9. “pH” shall mean the logarithm ofthe reciprocal of the weight of hydrogen ions in
   grams per liter of solution.
10. “Properly Shredded Garbage” shall mean the waste from the preparation, cooking,
    dispensing of food that has 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.
11. “Public Sewer” shall mean a sewer in which all owners of abutting properties have
    equal rights, and is controlled by public authority.
12. “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface,
    and groundwaters are not intentionally admitted.
13. “Sewage” shall mean 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.
14. “Sewage Treatment Plant” shall mean any arrangement of devices and structures used
    for treating sewage.
15. “Sewage Works” shall mean all facilities for collecting, pumping, treating, and
    disposing of sewage.
16. “Sewer” shall mean a pipe or conduit for carrying sewage.
17. “Slug” shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.
18. “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.
19. “Superintendent” shall mean the Superintendent of Public Utilities of the City of
    Fertile or the Superintendent’s authorized deputy, agent, or representative.
20. “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.
21. “Watercourse” shall mean a channel in which a flow of water occurs, either continuously
    or intermittently.

6-2-2 – USE OF PUBLIC SEWERS REQUIRED.

1. 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 the jurisdiction of said City, any human or animal excrement, garbage,
   or other objectionable waste.
2. It shall be unlawful to discharge to any natural outlet within the City, or in any
   area under the jurisdiction of said City, any sewage or other polluted waters, except
   where suitable treatment has been provided in accordance with subsequent provisions
   of this Ordinance. (Code of Iowa, Sec. 364.12(3)(f))
3. 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.
4. The owner of any house, building, or property 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 such owner’s
   expense to install suitable toilet facilities therein, and to connect such facilities
   directly with the proper public sewer in accordance with the provisions of this
   Ordinance, provided that said public sewer is within one hundred fifty (150) feet
   of the property line. Billing for sanitary sewer service shall begin the date of
   official notice to connect to the public sewer. (Code of Iowa, Sec. 364.12(3)(f))(IAC
   567-69.3(3))

6-2-3 – PRIVATE SEWAGE DISPOSAL.

1. Where a public sanitary or combined sewer is not available under the provision of
   Section 6-2-2(4), the building sewer shall be connected to a private sewage disposal
   system complying with the provisions of this section.
2. Before commencement of construction of a private sewage disposal system the owner
   shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specification, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $25.00 dollars shall be paid to the City at the time the application is filed.
3. A permit for a private sewage disposal system shall not become effective until the
   installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.
4. The type, capacities, location, and layout of a private sewage disposal system shall
   comply with all recommendations of the Department of Natural Resources of the State
   of Iowa and the County Health Department. No permit shall be issued for any private
   sewage disposal system employing subsurface soil absorption facilities where the
   area of the lot is less than 15,000 square feet. No septic tank or cesspool shall
   be permitted to discharge to any natural outlet.
5. At such times as a public sewer becomes available to a property served by a private
   sewage disposal system, as provided in 6-2-2(4), a direct connection shall be made
   to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools,
   and similar private sewage disposal facilities shall be abandoned and filled with
   suitable material. (Code of Iowa, Sec. 364.12(3)(f))
6. The owner shall operate and maintain the private sewage disposal facilities in a
   sanitary manner at all times, at no expense to the City.
7. No statement contained in this article shall be construed to interfere with any
   additional requirements that may be imposed by the County Health Officer.
8. When a public sewer becomes available, the building sewer shall be connected at
   the building owner’s expense, to said sewer within sixty (60) days and the private
   sewage disposal system shall be cleaned of sludge and filled with clean bank-run
   gravel or dirt. (Code of Iowa, Sec. 364.12(3)(f))

6-2-4 – BUILDING SEWERS AND CONNECTIONS.

1. 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 Superintendent.
2. There shall be two (2) classes of building sewer permits: (a) for residential and
   commercial service, and (b) for service to establishments producing industrial wastes.
   In either case, the owner or the owner’s agent shall make application on a special
   form furnished by the City. The permit application shall be supplemented by any
   plans, specifications, or other information considered pertinent in the judgment
   of the Superintendent. A permit and inspection fee of $25.00 dollars for a residential
   or commercial building sewer permit and $25.00 dollars for an industrial building
   sewer permit shall be paid to the City at the time the application is filed.Before a permit may be issued for excavating for plumbing in any public street,
   way or alley, the person applying for such permit shall have executed unto the City
   of Fertile and deposited with the City Clerk a corporate surety in the sum of five
   thousand dollars ($5,000.00) conditioned that the applicant will perform faithfully
   all work with due care and skill, and in accordance with the laws, rules and regulations
   established under the authority of any Ordinances of the City of Fertile pertaining
   to plumbing. This bond shall state that the person will indemnify and save harmless
   the City of Fertile and the owner ofthe premises against all damages, costs, expenses,
   outlay and claims of every nature and kind arising out of unskillfulness or negligence
   on the applicant’s part in connection with plumbing or excavating for plumbing as
   prescribed in this Ordinance. Such bond shall remain in force and must be executed
   for a period of two (2) years except that on such expiration it shall remain in
   force as to all penalties, claims and demands that may have accrued thereunder prior
   to such expiration
3. All cost and expense 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.
4. 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, courtyard, or driveway, the building sewer from the front building
   may be extended to the rear building and the whole considered as one building sewer.
5. Old building sewers may be used in connection with new building sewers only when
   they are found, upon examination and testing by the Superintendent, to meet all
   requirements of this Ordinance. The Superintendent may require that the old sewer
   be excavated for the purpose of facilitating inspection. No old cesspool or septic
   tank shall be connected to any portion of a building sewer that is also connected
   to the public sewer. Cesspools and septic tanks shall be located, and drained in
   a manner approved by the Superintendent and removed or filled with sand, crushed
   rock 0t: any other solid material approved by the Superintendent, except as exempted
   by the Superintendent.
6. The building sewer shall be constructed in accordance with applicable portions of
   the last published (State Plumbing Code of Iowa), applicable specifications of the
   American Society for Testing and Materials (ASTM) and applicable portions of the
   Water Pollution Control Federation (WPCF) Manual of Practice No.9.”
   1. Each connection to the public sewer shall be made to the fittings designated for
      that property. If a fitting in the public sewer is not available for the designated
      property, the connection shall then be made under the direct supervision of the
      Superintendent. Connections to the public sewer not made to an existing wye or tee shall be made by a hole cutter or careful chisel cutting. The connection shall be rendered water and gas tight, by use of rubber gaskets. The building sewer shall
      not protrude into the public sewer.
   2. All building sewers shall be constructed of the following materials conforming to
      the indicated standards:

      Vitrified Clay Pipe VCP

      1. Pipe and Fittings – ASTM C-700 “Standard Specification
         or Vitrified Clay Pipe, Extra Strength, Standard Strength and Perforated.”
      2. Coupling and Joints – ASTM C-425 “Standard
         Specification for Compression Joints for Vitrified Clay Pipe and Fittings”.

      Extra Heavy Cast Iron Soil Pipe

      1. Pipe and Fittings – ASTM A-74 “Standard Specification
         for Cast Iron Soil Pipe and Fittings.”
      2. Joints – ASTM C-564 “Standard Specification
         for Rubber Gaskets for Cast Iron Soil Pipe and Fittings.”

      Polyvinyl Chloride (PVC)

      Polyvinyl Chloride (PVC) and joints shall be installed according to the manufacturers’
      recommendations and shall conform to:

      1. Pipe – A.S.T.M. D-3034, “Type P.S.M. Poly (PYC) and Fittings.
      2. “Minimum wall thickness:
         • 4″ – 0.125″
         • 6″ – 0.180″
         • 8″ – 0.240″
         • 10″ – 0.300″
      3. Joints – A.S.T.M. D-1869, A.S.T.M. D-1312, “Flexible Elastomeric Seals.”
   3. No building sewer for residential or commercial buildings shall be less than four
      inches in diameter. No building sewer for industries or multiple dwellings shall
      be less than six inches in diameter.
   4. Unless otherwise authorized, all building sewers shall have a grade of not less
      than one – eighth (1/8) inch per foot. A grade of one-fourth (1/4) inch per foot
      shall be used wherever practical.
   5. All excavation shall be open trench work unless authorized by the Superintendent.
      The foundation in the trench shall be formed to prevent any subsequent settlement
      of the pipes. If the foundation is good firm earth, the earth shall be pared or
      molded to give a full support to the lower quadrant of each pipe. Bell holes shall
      be dug. Where the floor of the trench is of hard or rocky material, the trench shall
      be excavated to four inches below the pipe and brought back to the proper grade
      with gravel, course sand or similar material so as to provide a firm foundation
      and uniform support for the building sewer line. Backfilling shall be placed in
      layers and solidly tamped or packed up to two feet above the pipe. Back-filling
      shall not be done until final inspection is made by the Superintendent. Building
      sewers shall be laid straight at uniform grade between connections or fittings.
   6. Cleanouts shall be provided for each change in direction or grade if the change
      exceeds 45 degrees and at least every 100 feet.
7. Whenever possible, the building sewer shall be brought to the building at an elevation
   below the basement floor. The depth shall be sufficient to afford protection from
   frost. All excavations required for the installation of a building sewer shall be
   open trench work unless otherwise approved by the said Superintendent. Pipe laying
   and backfill shall be performed in accordance with A.S.T.M. Specification (Designation
   CI2). No backfill shall be placed until the work has been inspected by the Superintendent
   or the Superintendent’s representative. In all buildings in which any building drain
   is too low to permit gravity flow to the public sewer, sanitary sewage carried by
   such building drain shall be lifted by an approved means and discharged to the building
   sewer.
8. 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.
9. The connection of the building sewer into the public sewer shall conform to the
   requirements of the Plumbing Code or other applicable rules and regulations of the
   City, or the procedures set forth in appropriate specifications of the A.S.T.M.
   and the W.P.C.F. Manual of Practice No.9. All such connections shall be made gastight
   and watertight. Any deviation from the prescribed procedures and materials must
   be approved by the Superintendent before installation.
10. Each and every part of the building sewer shall be inspected and approved by the
    Superintendent before being concealed or back-filled. The applicant for the building
    sewer permit shall notify the Superintendent when the building sewer is ready for
    inspection and connection to the public sewer. The connection shall be made under
    the supervision of the Superintendent or the Superintendent’s representative.
11. All excavations for building sewer installation shall be adequately guarded with
    barricades at all times, with warning lights placed from one-half hour before sunset
    to one-half hour after sunrise 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.
12. The City shall, in no event, be held responsible for claims made against it by reason
    of the breaking of any mains or service pipes, or by reason of any other interruption
    of the service caused by the breaking of machinery or stoppage for necessary repairs;
    and no person shall be entitled to damages nor have any portion of a payment refunded
    for any interruption.
13. The premises receiving sanitary sewer service, shall at all reasonable hours, be
    subject to inspection by duly authorized personnel of the City.
14. The Owner of the property served by a building sewer shall be responsible for the
    operation, maintenance, repair, blockage, surface replacement, and any damage resulting from operation, maintenance repair and blockage of said building sewer, from the point of connection with the building drain to the Public Sewer.

6-2-5 – USE OF THE PUBLIC SEWERS.

1. No person shall discharge or cause to be discharged any storm water, surface water,
   groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Applications may be cancelled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:
   1. Misrepresented in the application as to the property or fixtures to be serviced
      by the sanitary sewer system.
   2. Non-payment of bills.
   3. Improper or imperfect service pipes and fixtures, or failure to keep same in suitable
      state of repair.
2. Storm water 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 Superintendent. Industrial cooling water or unpolluted process
   waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.
3. No person shall discharge or cause to be discharged any of the following described
   waters or wastes to any public sewers:
   1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
      solid, or gas.
   2. 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 sewage treatment 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.
   3. 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 sewage works.
   4. Solid or viscous substances in quantities of such size capable of causing obstruction
      to the flow of sewers, or other interference with the proper operation of the sewage works 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.
   5. Any water or wastes having (1)a 5-day bio-chemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight, or suspended solids, or (3) having an average daily flow greater than 2
      percent of the average sewage flow of the City, shall be subject to the review of
      the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide at the owner’s expense, such preliminary treatment as may be necessary to (1)reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
4. 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 Superintendent
   that such wastes can harm either the sewers, sewage treatment process, or equipment,
   have an adverse effect on the receiving stream, or can otherwise endanger life,
   limb, public property, or constitute a nuisance. In forming an opinion as to the
   acceptability of these wastes, the Superintendent 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 sewage treatment plant, degree of treatability of wastes
   in the sewage treatment plant, and other pertinent factors. The substances prohibited
   are:
   1. Any liquid or vapor having a temperature higher than one hundred fifty (150) F (65
      C).
   2. Any water or wastes containing fats, wax, grease or oils, whether emulsified or
      not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150 F) (0 and 65 C).
   3. Any garbage that has not been properly shredded. The installation and operation
      of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
   4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated
      plating solutions whether neutralized or not.
   5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
   6. Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary after treatment of the composite sewage, to meet with requirements of the State, Federal, or other public agencies with jurisdiction for such discharge to the receiving waters.
   7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed
      limits established by the Superintendent in compliance with applicable State or
      Federal regulations.
   8. Any waters or wastes having a pH in excess of 9.5.
   9. Materials which exert or cause:
      1. Unusual concentrations of inert suspended solids
         (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or
         of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
      2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
      3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage
         treatment works.
      4. Unusual volume of flow or concentration of waters constituting “slugs” as defined herein.
   10. 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 sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
5. 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 6-2-5(4), and which in the judgment of the Superintendent, may have
   a deleterious effect upon the sewage works, processes, equipment, or receiving waters,
   or which otherwise create a hazard to life or constitute a public nuisance, the
   Superintendent may:
   1. Reject the wastes,
   2. Require pretreatment to an acceptable condition for discharge to the public sewers.
   3. Require control over the quantities and rates of discharge, and/or
   4. Require payment to cover the added cost of handling and treating the wastes not
      covered by existing taxes or sewer charges under the provision of 6-2-5(1 0) of this
      article. If the Superintendent 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 Superintendent, and subject to the requirements
      of all applicable codes, Ordinances, and laws.
6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the
   Superintendent, 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 Superintendent, and shall be located as to be readily and easily accessible
   for cleaning and inspection.
7. 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 the owner’s expense.
8. When required by the Superintendent, 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 Superintendent. The manhole shall be installed by the owner
   at the owner’s expense, and shall be maintained by the owner so as to be safe and
   accessible at all times.
9. All measurements, tests, and analyses of the characteristics of waters and wastes
   to which reference is made in this Ordinance shall be determined in accordance with
   the latest edition of “Standard Methods for the Examination of Water and Wastewater,”
   published by the American Public Health Association, 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. (The particular
   analyses involved will determine whether a twenty-four (24) hour composite of all
   outfalls of a premise is appropriate or whether a grab sample or samples should
   be taken. Normally, but not always, BOD and suspended solids analyses are obtained
   from 24 hour composite of all outfalls where pH’s are determined from periodic grab
   samples).
10. 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, therefore, by the industrial concern.

6-2-6 – PROTECTION FROM DAMAGE.

1. 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 works. Any person violating this provision shall be
   subject to immediate arrest under charge of disorderly conduct.(Code of Iowa, Sec. 716.1)

6-2-7 – POWERS AND AUTORITY TO INSPECTORS.

1. The Superintendent and other duly authorized employees of the City bearing proper
   credentials and identification shall be permitted to enter all properties for the
   purpose of inspection, observation, measurement, sampling, and testing in accordance
   with the provisions of this Ordinance. The Superintendent or the Superintendent’s
   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.
2. While performing the necessary work on private properties referred to in 6-2-7(1),
   the Superintendent 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 the 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 Section 6-2-5(8).
3. The Superintendent 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.

6-2-8 – PENALTIES.

1. Any person found to be violating any provision of this Ordinance except Section
   6-2-6 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.
2. Any person violating any of the provisions of this Ordinance is liable to the City
   for any expense, loss, or damage occasioned the City by reason of such violations.

Footnote: See 384.38(3) concerning establishing district’s and connection fees(H.F. 2343, 1994 legislative session).

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