Last Modified on 05/07/2009 09:05:58Chapter 28 SEWERS*
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Cross references: Water Services Department, § 2-29; Development Advisory Board, § 2-164 et seq.; building regulations, ch. 9; sewer residential development occupational fee, ch. 19A; sewer commercial and industrial development occupational fee, ch. 19B; excavations in streets, § 23-26; offenses against public health, § 23-44 et seq.; solid waste, ch. 27; streets and sidewalks, ch. 31; discharging water into streets or sidewalks, § 31-8; subdivisions, ch. 32; stormwater quality protection, ch. 32C; water, ch. 37; environmental protection, ch. 40; Development Services Department fee schedule, app. A.2.
State law references: General authority relative to sewers, A.R.S. §§ 9-499.01, 9-240(B)(5), 9-276(A)(8), 49-391.
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Article I. General
Sec. 28-1. Definitions.
Sec. 28-2. Water and Wastewater Department– Administration.
Sec. 28-3. Water and Wastewater Department– Duties– Water and Wastewater Director.
Sec. 28-4. Interference with the Water and Wastewater Department; digging up streets without a permit; tampering with equipment prohibited.
Sec. 28-5. Property owner responsible for cleaning, repair and replacement of building sewers and connections.
Sec. 28-5.1. Sewer service line repair and replacement in the public right-of-way.
Article II. Use of Public Sewers and Limitations
Sec. 28-6. Unsanitary disposal of excrement prohibited.
Sec. 28-7. Treatment of polluted wastes required.
Sec. 28-8. General user requirements.
Sec. 28-9. Authority of Director to establish prohibitions and effluent limitations.
Sec. 28-9.1. Authority of Director to require best management practices.
Sec. 28-10. Preliminary treatment– Required approval.
Sec. 28-11. Preliminary treatment– Maintenance of facilities.
Sec. 28-12. Interceptors– Required.
Sec. 28-13. Interceptors– Type; capacity; location.
Sec. 28-14. Interceptors– Construction of grease and oil interceptors.
Sec. 28-15. Interceptors– Maintenance.
Sec. 28-16. Control manholes.
Sec. 28-17. Right of entry for inspection.
Sec. 28-18. Discharges to be reported.
Sec. 28-19. Tests and analyses.
Sec. 28-20. Reserved.
Article III. Sewer Extensions
Sec. 28-21. Approval by City Engineer and Director required.
Sec. 28-22. Construction and ownership of public sewer lines and other equipment maintained by Water and Wastewater Department.
Sec. 28-23. Sewer main extension policy for areas beyond present City trunk lines; establishment of a repayment program.
Sec. 28-24. Sewer extensions in advance of a sewer assessment district.
Sec. 28-25. Private sewerage systems– Construction and maintenance within City prohibited generally.
Sec. 28-26. Private sewerage systems– When permitted; to be constructed and maintained in sanitary manner.
Article IV. Connections to Public Sewers and Charges
Sec. 28-27. Permit required.
Sec. 28-28. Application for sewer tap; sewer dye test.
Sec. 28-29. Development Services Director to approve design, quantity, location, size and construction of sewer services.
Sec. 28-30. Special provisions for installing sewer taps in new subdivisions and developments.
Sec. 28-31. Records to be kept by Water and Wastewater Department.
Sec. 28-32. Installation of sewer taps.
Sec. 28-33. Reserved.
Article V. Sewer Service Charges
Sec. 28-34. Method of developing sewer service charges.
Sec. 28-35. Determination of sewage quantity.
Sec. 28-36. Determination of wastewater quality.
Sec. 28-37. Other user charge provisions.
Sec. 28-38. Other sewer service charges.
Sec. 28-39. Sewer service charges within and without the City.
Sec. 28-40. Reserved.
Sec. 28-41. Payment of bills and charges.
Sec. 28-41.1. Application for service.
Sec. 28-41.2. Financial responsibility deposits.
Sec. 28-41.3. Reserved.
Sec. 28-42. Reserved.
Sec. 28-43. Distribution of sewerage system revenues and utilization of funds.
Article VI. Industrial User and Pretreatment Requirements
Sec. 28-44. General industrial user requirements.
Sec. 28-45. Significant industrial user requirements.
Sec. 28-45.1. Special discharges.
Sec. 28-46. Authority of the Director.
Sec. 28-46.1. Permit appeals process.
Sec. 28-47. Confidential information.
Secs. 28-48– 28-52. Reserved.
Article VII. Accidental Discharge
Sec. 28-53. Permittee provides protection.
Sec. 28-54. Permittee shall notify City of accidental discharge.
Sec. 28-55. Permittee will notify employees.
Sec. 28-56. Permittee shall label potential accidental discharge points.
Article VIII. Citizens' Wastewater Rate Advisory Committee
Sec. 28-57. Citizens' Wastewater Rate Advisory Committee– Composition; appointment.
Sec. 28-58. Citizens' Wastewater Rate Advisory Committee– Functions and purposes.
Secs. 28-59– 28-70. Reserved.
Article IX. Reserved
Secs. 28-71.– 28-80.1 Reserved.
Article X. Enforcement
Sec. 28-81. Enforcement of chapter.
Sec. 28-82. Criminal penalty.
Sec. 28-83. Civil penalty.
Sec. 28-84. Remedies.
Secs. 28-85– 28-89. Reserved.
Article XI. Sewer Environmental Charge
Sec. 28-90. Definitions for article XI.
Sec. 28-91. Purpose of sewer environmental charge.
Sec. 28-92. Sewer environmental rate.
Sec. 28-93. Payment of bills and charges.
Sec. 28-94. Utilization of environmental charge revenues.
ARTICLE I.
GENERALSec. 28-1. Definitions.
For the purpose of this chapter, the following words and terms shall have the following meanings, unless the context indicates otherwise:
Approval authority: The Director in an NPDES state with an approved state pretreatment program and the appropriate U.S. Environmental Protection Agency (EPA) regional administrator in a non-NPDES state or NPDES state without an approved state pretreatment program.
Approved laboratory procedures: The measurements, tests and analyses of the characteristics of water and wastes in accordance with analytical procedures as established in title 40, Code of Federal Regulations, part 136, as revised, that are performed by an environmental laboratory licensed by the State pursuant to A.R.S. tit. 36, ch. 43 (A.R.S. § 36-495 et seq.). Alternative procedures may be approved by the Director in accordance with applicable federal regulations.
Average quality: The arithmetic average (weighted by flow value) of all the "daily determinations of concentrations," as that term is defined herein, made during a calendar month.
Best management practices (BMPS) shall mean schedules of activities, pollution treatment practices or devices, prohibition of practices, general good housekeeping practices, pollution prevention, waste minimization, educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the amount of pollutants entering the sanitary sewer system, surface water, air, land or groundwater. Best management practices may include a physical, chemical, structural or managerial practice or device that can help to achieve compliance with this chapter.
BOD (biochemical oxygen demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of twenty degrees centigrade, expressed in milligrams per liter.
Branch sewer: An arbitrary term for a sewer which receives sewage from more than one public sewer from a relatively small area.
Building connection: The extension from a sewer tap to the property line, or to the easement line of the property to be served.
Building Official: The Director of the Development Services Department, or his authorized representative.
Building sewer: The extension from the building drain to the building connection or other place of disposal.
Bypass: The intentional diversion of wastes from any portion of a treatment facility.
Categorical standards (national/federal categorical pretreatment standards): Those standards promulgated by the U.S. Environmental Protection Agency (EPA) under the authority of section 307 (b) and (c) of the Clean Water Act (33 United States Code section 1317) which apply to a specific category of industrial user and which are published in 40 Code of Federal Regulations chapter I, subchapter N (parts 405– 471) and are incorporated in this chapter by reference.
CFR: Code of Federal Regulations.
City: City of Phoenix.
COD (chemical oxygen demand): The quantity of oxygen consumed from a chemical oxidation of inorganic and organic matter present in the water or wastewater, expressed in milligrams per liter.
Commercial user: Any nonresidential user which provides a service or one connected with commerce and which is not classified as an industrial user. The Director maintains a list of the types of businesses that are commercial users and has the authority to classify specific users.
Composite sample: A combination of individual samples obtained at regular intervals over a specified time period. The volume of each individual sample shall be either proportional to the flow rate during the sample period (flow composite) or constant and collected at equal time intervals during the composite period (time composite) as defined in the permit.
Composite sample quality: The concentration of some parameter tested in a "composite sample," as that term is defined herein.
Cooling water: The clean wastewater discharged from any heat transfer system such as condensation, air conditioning, cooling or refrigeration.
Daily average effluent limitation: The maximum allowable concentration in the discharge as measured in a representative sample during a sampling day. In determining compliance with the daily average effluent limitation, City samples shall not be combined with non-City samples.
Department: The Water and Wastewater Department of the City of Phoenix.
Developer: Any person engaged in the organizing and financing of a wastewater collection system within an area contributing to a branch, main, or a trunk sewer of the City sewer system. Such may be either a subdivider or a legal constituted improvement district.
Director: The Water Services Director of the Water Services Department, or his authorized deputy, agent, or representative.
Discharge: The disposal of any sewage, pollutant(s), water or any liquid from any sewer user into the sewerage system.
Domestic user: Any user who discharges only domestic wastewater.
Domestic waste: A typical, residential-type waste which requires no pretreatment under the provisions of this chapter before discharging into the sanitary sewer system, excluding all commercial, manufacturing and industrial wastes.
Domestic wastewater: Any waterborne wastes, derived from the ordinary living processes in a residential dwelling unit, of such character as to permit satisfactory disposal, without special treatment, by conventional POTW processes.
EPA: The United States Environmental Protection Agency.
Establishment, plant: Any establishment or plant producing liquid waste, with or without suspended solids, required to be discharged into the City sewer system.
Free access: The ability of City personnel to enter user facilities under safe and non-hazardous conditions with a minimum of delay to inspect any and all parts of the user's facility.
Garbage: Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
Generator: A person who generates septage.
Grab sample: An individual sample of effluent collected in less than fifteen minutes without regard for flow or time of day.
Grab sample quality: The concentration of some parameter tested in a grab sample, as that term is defined herein.
Industrial discharge: Any introduction into the POTW of a nondomestic pollutant which:
(a) Is produced by a source which would be subject to any categorical standards or pretreatment requirements if such source were to be discharged to the POTW; or
(b) Contains any substance or pollutant for which a discharge limitation or prohibition has been established by any categorical standard or pretreatment requirement.
Industrial user:
(a) A source of industrial discharge; or
(b) Any nonresidential user of the sewer system which discharges more than the equivalent strength of twenty-five thousand gallons per day of domestic wastes;
(c) Any significant industrial user;
(d) Has control over the disposal of a waste as described in (a), (b) or (c) above; or
(e) Has the right of possession and control over any property which produces a waste as described in (a), (b), (c) or (d) above.
Industrial waste: Any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without suspended solids excluding uncontaminated water.
Inflow: Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catchbasins, cooling towers, stormwaters, surface runoff, street wash waters or drainage.
Instantaneous effluent limitation: The maximum allowable concentration in the discharge at any time as measured in a grab sample. In determining compliance with the instantaneous effluent limitation, City samples shall not be combined with non-City samples.
Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources both:
(a) Inhibits or disrupts the POTW, its treatment processes, or operations, or its sludge processes, use or disposal; and
(b) Therefore is a cause of a violation of any requirement of any environmentally related permit issued by a governmental entity (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCDA), and including State regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
Lateral sewer: A sewer that discharges into a branch or other sewer and has no other common tributary to it.
Main sewer: A sewer which receives sewage from two or more branch sewers as tributaries.
Maintenance: Keeping the sewerage works in a state of repair, including expenditures necessary to maintain the capacity (capability) for which said works were designed and constructed.
National pretreatment standard: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the Clean Water Act (33 United States Code section 1317 et seq.) which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 Code of Federal Regulations section 403.5.
Natural outlet: Any outlet into a watercourse, ditch, or other body of surface or ground water.
New source: 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 Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, and as stated in detail in 40 Code of Federal Regulations section 403.3(k).
NPDES permit: A national pollutant discharge elimination system permit, issued to the City by the EPA, or an Arizona Pollutant Discharge Elimination System Permit (AZPDES), issued to the City by the State of Arizona, which imposes standards governing the quality of the treated effluent discharged from the POTW into a navigable water of the United States.
Oil and grease: The measure of oil and grease content of a sample as determined by EPA Method 413.1, or other equivalent test method approved by the Director.
Oil and grease (TPH): For purposes of determining compliance with the oil and grease limitation contained in section 28-45(b), oil and grease is defined as the measure of the petroleum and mineral oil (total petroleum hydrocarbons (TPH)) content of a sample as determined by EPA Method 418.1, or other equivalent test method approved by the Director.
Pass-through: 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 POTW NPDES permit (including an increase in the magnitude or duration of a violation) or which causes or contributes to a violation of an applicable numeric or narrative water quality standard.
Permit: A written control mechanism that the Director issues to particular users or classes of users under the authority of chapter 28 of the City Code.
Permittee, permit holder: Any person, firm, association, corporation or trust which owns, operates, processes or controls an establishment or plant being operated under a valid permit to discharge wastewater into the City sewer system.
Person: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, state, municipality, Indian tribe, political subdivisions of the State or federal governmental agency or any other legal entity, including their legal representatives, agents or assigns.
pH: The logarithm of reciprocal of the weight of hydrogen ions in grams per liter of solution.
Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural wastes. This includes any substance and effluent limitation identified in of the City Code.
Pollution prevention: Source reduction and other practices that reduce or eliminate the creation of pollutants through:
(a) Increased efficiency in the use of raw materials, energy, water, or other resources; or
(b) Protection of natural resources by conservation.
POTW: Publicly owned treatment works and connecting sewer collection system which are owned and/or operated, in whole or in part, by the City and which provide the City with wastewater collection and disposal services.
POTW residuals: All POTW effluent and/or solids, including sludge, scum, screenings and grit, which are the byproduct of wastewater treatment operations and which must be discharged to the environment for ultimate disposal and/or reuse.
Pretreatment: The physical, chemical, biological or other treatment of any industrial discharge prior to discharge to the POTW, for the purpose of:
(a) Reducing the amount or concentration of any pollutant; or
(b) Eliminating the discharge or any pollutant; or
(c) Altering the nature of any pollutant characteristic to a less harmful state.
Pretreatment requirements: All of the duties or responsibilities imposed upon POTW users by this chapter.
Producer: Any person, firm, association, corporation or trust which owns, operates, possesses or controls an establishment or plant, whether or not a permittee.
Properly shredded garbage: Garbage 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-fourth of an inch in any dimension.
Public sewer: A branch, main or trunk sewer controlled and maintained by the City of Phoenix.
Recycling: A material is recycled if it is used, reused, or reclaimed. A material is used or reused if it is either (a) employed as an ingredient (including its use as an intermediate) to make a product; however a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal containing secondary materials), or (b) employed in a particular function as an effective substitute for a commercial product. A material is reclaimed if it is processed to recover a useful product or if it is regenerated. Examples include the recovery of lead values from spent batteries and the regeneration of spent solvents.
Replacement: Those expenditures made for obtaining and installing equipment, accessories and/or appurtenances during the useful life of the treatment works which are necessary to maintain the capacity and performance of the treatment works for which they were designed and constructed.
Representative sample: A composite sample obtained by flow proportional sampling techniques where feasible. When the Director determines that flow-proportional composite sampling is infeasible, the Director may allow or conduct composite sampling by time-proportional techniques or by the compositing or averaging of one or more grab samples.
Sanitary sewer: A sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
Septage: Aerobic wastewater originating from a domestic source, be it from a residential, commercial, or industrial facility, that is not hazardous waste and is compatible with the biological wastewater treatment plant process.
Sewage: A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present.
Sewage treatment plant: Any arrangement of devices and structures used for treating sewage.
Sewage works: All facilities for collecting, pumping, treating, and disposing of sewage. As used in this chapter the term "sewer system" or "sewerage works" shall have the same meaning and definition as "sewage works."
Sewer: A pipe or conduit for carrying sewage.
Sewer tap: The wye, saddle or other device placed on a public sewer to receive a building connection.
Significant industrial user:
(a) All users subject to categorical pretreatment standards under 40 Code of Federal Regulations section 403.6 and 40 Code of Federal Regulations chapter I, subchapter N (parts 405– 471).
(b) Any other user that:
(1) Discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater);
(2) 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
(3) Is designated as such by the Director on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
Significant noncompliance: An industrial user is in a state of significant noncompliance (SNC) when violations meet one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Director determines 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 a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under this chapter to halt or prevent such a discharge;
(e) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
Slug discharge: Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
Source reduction: Any practice which:
(a) Reduces the amount of any pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and
(b) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants.
Standard Industrial Classification (SIC): A coded classification of industries based upon economic activity developed by the U.S. Department of Commerce as published in the Standard Industrial Classification Manual, 1972, Office of Management and Budget.
Standard Methods: The procedure as described in the most current edition of Standard Methods for the Examination of Water and Wastewater published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes published by the U.S. Environmental Protection Agency.
Storm sewer or storm drain: A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
Suspended solids (SS): Solids measured in milligrams per liter that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtration device, as defined in the "Standard Methods" as defined herein.
System design capacity: The design capacity for normal domestic wastewater as established by accepted engineering standards.
Total organic carbon (TOC): The total of all organic compounds expressed in milligrams per liter as determined by the combustion-infrared method prescribed by approved laboratory procedures.
Treatment parameter: A fundamental characteristic of sewage around which treatment is designed, such as, but not limited to, flow, BOD, and suspended solids.
Trunk sewer: A sewer which receives sewage from many tributary main sewers and serves as an outlet for a large territory.
Upset: An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities, or improper operation and maintenance or lack thereof.
User: Any person, lot, parcel of land, building, premises, municipal corporation or other political subdivision that discharges, causes or permits the discharge of wastewater into the sewage system.
Waste minimization: An activity which eliminates or reduces the amount of any pollutant from entering the waste stream or the environment. This may include a change in raw materials, operational improvement, process improvement, product reformulation, reuse or reclamation.
Wastewater: Any liquid or water-carried pollutant, including an industrial discharge, which is introduced into the POTW from any source.
Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.
Zero process discharge user: This term applies to those users that only discharge domestic wastes or have no discharge, but have significant quantities of hazardous materials or high strength waste which, if discharged, would be regulated by this ordinance. Such facilities may be regulated by requiring them to have zero discharge of process wastes, thus allowing only domestic wastes to be discharged.
(Ord. No. G-1935, § 2; Ord. No. G-2489, § 1; Ord. No. G-2649, § 2; Ord. No. G-2788, § 1; Ord. No. G-3116, § 1; Ord. No. G-3384, § 1; Ord. No. G-3662, § 1; Ord. No. G-4176, § 1, passed 5-19-1999, eff. 6-18-1999; Ord. No. G-4635, § 1a, adopted 8-31-2004, eff. 9-30-2004)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 28-2. Water and Wastewater Department– Administration.
For the proper administration of the Water and Wastewater Department and the operation of the water and sewerage works of the City, there shall be appointed by the City Manager from the proper civil service classified lists a Water and Wastewater Director, an Assistant Water and Wastewater Director, a Water and Wastewater Technical Services Superintendent, a Water and Wastewater Engineering Superintendent, a Water Distribution Superintendent, a Water Production Superintendent, a Wastewater Treatment Superintendent, a Wastewater Collection Superintendent, and such other additional assistants as may be required for the operation of the Water and Wastewater Department.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2)
Sec. 28-3. Water and Wastewater Department– Duties– Water and Wastewater Director.
The Water and Wastewater Director, hereinafter referred to as Director, shall be the general executive officer in charge of all personnel, the entire operation, equipment and facilities of the Water and Wastewater Department. He shall also have general supervision over, subject to the approval of the City Manager, all charges for water and sewer services, departmental policies, agreements, new connections, repairs, etc., and for all charges not expressly provided for in this chapter.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2)
Sec. 28-4. Interference with the Water and Wastewater Department; digging up streets without a permit; tampering with equipment prohibited.
Every person who shall in any way interfere with employees of the Water and Wastewater Department in any discharge of their duties, either in the tapping of any sewer pipe, main, or lateral belonging to the City, or the cleaning, laying, or connection of any such pipe or main or lateral, or who shall dig up or cause to be dug up, any street or alley in the City for the purpose of connecting with the sewer system of the City without first obtaining a permit from the Water and Wastewater Director, or who, having a permit, shall dig up any portion of any street or alley of the City for the purpose of connecting with the sewer system of the City and shall fail or neglect to place the street or alley in its original condition, or who shall maliciously or willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works shall be guilty of a misdemeanor.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2)
State law references: Criminal damage to property, A.R.S. § 13-1602; obstructing government operations, A.R.S. § 13-2402.
Sec. 28-5. Property owner responsible for cleaning, repair and replacement of building sewers and connections.
(a) The property owner shall be responsible for the cleaning, unstopping, maintenance and repair of the building connection piping serving the owner's property from the home or building to the public sewer line, except for repair or replacement of damaged or broken piping in the public right-of-way serving a single-family or duplex property.
(b) Where the correction of a stoppage requires the repair or replacement of a damaged or broken section of the building connection piping serving a single-family or a duplex property and the damaged or broken section is located within the public right-of-way, the City will be responsible for the repair or replacement of the damaged or broken section in the public right-of-way.
(c) Where the correction of a stoppage requires the repair or replacement of a damaged or broken section of the building connection piping serving other than a single-family or a duplex property and the damaged or broken section is located off property in a street or alley, the owner or his contractor shall obtain a permit from the City to do work in a public right-of-way prior to doing the work.
(Ord. No. G-1935, § 2; Ord. No. G-3763, § 1)
Sec. 28-5.1. Sewer service line repair and replacement in the public right-of-way.
(a) The single-family or duplex property owner shall be responsible for first ascertaining the approximate location of damaged or broken section of piping serving the property. If the damaged or broken section is in the public right-of-way, the property owner shall contact the Water Services Department. The Department will verify the damaged or broken location via video inspection. If the damaged or broken section is verified to be in the public right-of-way and is sufficient in nature to require repair, the Department shall initiate appropriate repair or replacement. When the broken section is on the private property, it will be the property owner's responsibility to repair the broken section.
(b) Disputes as to location, extent of damage or the method of repair or replacement of the damaged or broken section shall be resolved at the sole discretion of the Water Services Director.
(c) A special account shall be created to fund such repairs and replacements with an annual allocation as approved by the City Council with the annual budget for each fiscal year. Requests for repairs or replacements shall be handled on a first-in basis. When the total funding in the account has been exhausted, all subsequent requests will be deferred until the City Council approves additional funding to the account.
(Ord. No. G-3763, § 1)
Cross references: Streets and sidewalks, ch. 31.
ARTICLE II.
USE OF PUBLIC SEWERS AND LIMITATIONSSec. 28-6. Unsanitary disposal of excrement prohibited.
It shall be unlawful for any person to deposit, or permit to be deposited, in an unsanitary manner, upon public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement or other objectionable waste.
Substance Limitation Benzene 35 ug/L* Chloroform 2000 ug/L * micrograms per liter
(m) Any of the following prohibited substances:
4,4÷– DDE
4,4÷– DDT
Aldrin
BHC-alpha
BHC-beta
BHC-gamma (Lindane)
Heptachlor
Heptachlor expoxide
Polychlorinated biphenyl compounds (PCB)
(Ord. No. G-1935, § 2; Ord. No. G-2489, § 2; Ord. No. G-3384, § 1; Ord. No. G-3662, § 1; Ord. No. G-4635, § 1b, adopted 8-31-2004, eff. 1-1-2005)
Sec. 28-9. Authority of Director to establish prohibitions and effluent limitations.
(a) In addition to the prohibitions and effluent limitations contained in this chapter, the Director shall have the authority to (1) establish limitations for individual users or class of users for various pollutants, materials, waters, or wastes that can be accepted into the sewer system, (2) specify those pollutants, materials, waters, or wastes that are prohibited from entering the sewer system and (3) identify those pollutants, materials, waters or wastes that shall be controlled with best management practices.
(b) All prohibitions and effluent limitations so established shall be placed on file with the City Clerk and will become effective and enforceable on the thirty-first day after the date of filing.
(c) All affected individual users or class of users shall comply with the prohibitions and effluent limitations established pursuant to this section.
(d) Pollutants, materials, waters or wastes to be controlled with best management practices that have been identified by the Director shall be placed on file with the City Clerk and will become effective and enforceable on the thirty-first day after the date of the filing.
(Ord. No. G-1935, § 2; Ord. No. G-3662, § 1; Ord. No. G-4635, § 1c, adopted 8-31-2004, eff. 9-30-2004)
Sec. 28-9.1 Authority of Director to require best management practices.
(a) The Director has the authority to require individual users or class of users to implement best management practices for any pollutant.
(b) All affected individual users or class of users shall comply with any best management practices required by the Director.
(Ord. No. G-4635, § 1d adopted 8-31-2004, eff. 9-30-2004)
Sec. 28-10. Preliminary treatment– Required approval.
Where necessary in the opinion of the Director, any user of the sewage works shall provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the maximum limits provided for in this chapter. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Director. No construction of such facilities shall be commenced until the Director's approval is obtained in writing. The completed facilities shall not be placed in service until they have been inspected for conformance to the approved plans and the final construction approved by the Director. The approval of the plans and inspection of construction shall not relieve the owner from complying with discharge limitation set forth in this chapter. The City will enforce federal pretreatment requirements as set forth in 40 Code of Federal Regulations part 403.
(Ord. No. G-1935, § 2; Ord. No. G-1981, § 1)
Sec. 28-11. Preliminary treatment– Maintenance of facilities.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. The owner shall keep written records and documentation of all cleaning, repair, calibration and maintenance required to demonstrate compliance with this section. Records shall be kept at the facility for a minimum of three years and be made available to the Director upon request.
(Ord. No. G-1935, § 2; Ord. No. G-3662, § 1)
Sec. 28-12. Interceptors– Required.
Interceptors such as grease, oil or sand shall be provided for laundries, restaurants, service stations, auto repair shops, carwashes and other facilities when, in the opinion of the Director they are necessary for the proper handling of liquid wastes containing grease or oil in excessive amounts or any flammable wastes, sand, and other harmful ingredients.
(Ord. No. G-1935, § 2; Ord. No. G-4635, § 1e, adopted 8-31-2004, eff. 9-30-2004)
Sec. 28-13. Interceptors– Type; capacity; location.
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.
(Ord. No. G-1935, § 2)
Sec. 28-14. Interceptors– Construction of grease and oil interceptors.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers. When bolted covers are required they shall be gastight and watertight.
(Ord. No. G-1935, § 2)
Sec. 28-15. Interceptors– Maintenance.
Where installed, interceptors such as grease, oil or sand shall be maintained by the owner, at his expense, in continuously efficient operation at all times. The owner shall keep written records and documentation of all cleaning, repair, calibration and maintenance required to demonstrate compliance with this section. Records shall be kept at the facility for a minimum of three years and be made available to the Director upon request.
(Ord. No. G-1935, § 2; Ord. No. G-3662, § 1; Ord. No. G-4635, § 1f, adopted 8-31-2004, eff. 9-30-2004)
Sec. 28-16. Control manholes.
When required by the Director, the owner of any property served by a building sewer carrying potentially harmful or industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, measurement and sampling of the wastes. Such manhole, when required, shall be accessible 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.
(Ord. No. G-1935, § 2)
Sec. 28-17. Right of entry for inspection.
(a) Any authorized employee of the Water and Wastewater Department shall, upon presentation of his credentials, have free access as that term in herein defined at all reasonable hours to any commercial or industrial premises connected to the City's service area or connected to the City's sewer system for purposes of assessing applicability and/or compliance with the requirements of this chapter.
(b) Servicemen, water quality inspectors, sanitary engineers, or other employees of the Water and Wastewater Department, whose duty it may be to enter upon commercial or industrial premises to make inspections and collect samples or measure the quantity of wastes discharged to the City sewer, shall be provided with credentials to identify them as authorized representatives for the Water and Wastewater Department.
(c) No person, except an authorized employee of the Water and Wastewater Department, shall have or exhibit any credentials of the Water and Wastewater Department. It shall be the duty of each employee of the Department, upon resignation or dismissal, to deliver and surrender at the office of the Director all credentials of the Department in his possession.
(d) Any user or potential user shall allow all inspection, monitoring, copying of records, etc., reasonably needed by the Director or his agent to perform the duties required or needed under this chapter.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2; Ord. No. G-3384, § 1)
Sec. 28-18. Discharges to be reported.
Every user of the City sewer system shall report to the Director immediately any accident, negligent act, or other occurrence that occasions a discharge to the public sewer of any wastes or process waters that exceed the permissible limits for such wastes established by the Director.
(Ord. No. G-1935, § 2)
Sec. 28-19. Tests and analyses.
All tests and analyses of the characteristics of waters and waste shall be determined in accordance with approved laboratory procedures.
(Ord. No. G-1935, § 2; Ord. No. G-3384, § 1)
Sec. 28-20. Reserved.
ARTICLE III.
SEWER EXTENSIONS*------------
Cross references: Subdivisions, ch. 32.
------------
Sec. 28-21. Approval by City Engineer and Director required.
No public sewer extensions shall be made until the plans and specifications are approved by both the City Engineer and the Director. Public sewer extensions shall be constructed in accordance with standards and specifications on file in the City Engineer's office. With the concurrence of the City Engineer, the Director may authorize variances from the standards and specifications.
(Ord. No. G-1935, § 2)
Sec. 28-22. Construction and ownership of public sewer lines and other equipment maintained by Water and Wastewater Department.
(a) In new subdivisions and developments where public sewers are authorized by the Development Services Director, such public sewers shall be constructed at the developer's expense in accordance with plans approved by the Development Services Director and review fees shall be paid as set forth in appendix A.2 of the City Code. Detailed plans and specifications for public sewer extensions must be approved by the Development Services Director prior to construction. The costs for the preparation of plans and specifications, the staking of the location of the new public sewers, the cost of inspecting the construction, the cost of acquiring rights-of-way and easements, and preparation of as-built plans shall be assumed by the developer. The City will perform the inspection during construction.
(b) The ownership of all public sewer lines, pumping stations, treatment facilities, and equipment and other appurtenances to the sewer system maintained, or accepted for maintenance, by the Water and Wastewater Department shall be vested in such Department, and in no case shall the owner of any premises have the right to claim any part except where otherwise provided in this Code.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2; Ord. No. G-3346, § 2)
Sec. 28-23. Sewer main extension policy for areas beyond present City trunk lines; establishment of a repayment program.
The sewer main extension policy of the City for areas beyond present City trunk sewers is as follows:
(a) The City desires to encourage the development of undeveloped areas by creating a repayment program that allows for the potential recovery of extra construction costs incurred by a developer in construction of "off-site" sewer mains or lift stations that are necessary to serve future development. The location of the off-site development is referred to as the "benefiting area". The repayment program would only apply to projects that are herein defined as being Class 1 or Class 2 projects. Class 1 projects are sewer main projects that are eight inches or greater in diameter that serve multiple properties or developments. Class 2 projects are regional wastewater projects located in a growth area as defined by the General Plan that exceed three million dollars in cost that include sewer mains of eighteen inches or greater in diameter and/or lift stations (including associated force mains) having a constructed minimum capacity of five million gallons per day. After acceptance of the project by the City, the City would collect a predetermined connection fee from any person within the benefiting area connecting to the Class 1 or Class 2 project and remit the appropriate amount to the developer of the Class 1 or Class 2 project or to the person entitled to receive such payment.
(b) The City will not perform field engineering or submit detailed plans and specifications for the developer. This latter work is to be performed by a civil engineer registered in the State of Arizona, employed by the developer. The final detailed plans and specifications for the main sewer extension and any associated off-site major wastewater facilities must be approved by the City before construction begins. The construction shall meet City specifications, requirements, and approval and will be subject to inspection by the City during construction.
(c) The developer will be responsible for furnishing and installing to City specifications all branch and lateral sewers, including manholes, fire hydrants and other associated facilities, within new subdivisions, shopping centers, industrial tracts or similar developments. The costs of designing, staking, and constructing these branch and lateral sewers are not eligible for recovery under the repayment program.
(d) Project costs eligible for potential recovery under the repayment program are those direct costs necessarily incurred by the developer in construction of the Class 1 or Class 2 project, which include engineering plans preparation and design, direct labor costs, subcontract costs, costs of materials and equipment incorporated in the completed construction, staking and materials testing. Eligible project costs do not include costs associated with temporary facilities, permit fees, taxes or attorney's fees. All cost items except those related to design and staking must be included in the bids that are submitted to, and reviewed by, the City. When warranted by the circumstances the developer may submit additional direct costs associated with design and staking to the City for consideration. At its discretion, the City may include additional direct costs in the total project cost, but in no event shall the additional direct costs exceed ten percent of the construction low bid.
(e) The developer shall retain the services of a civil engineer registered in the State of Arizona and is responsible for submitting any information on existing or proposed infrastructure, development plans, local drainage conditions and other factors that is deemed necessary by the City to establish the benefiting area to be serviced by the Class 1 or Class 2 project. The City, using local drainage conditions and other factors it deems appropriate shall make the final determination of the benefiting area to be serviced by the Class 1 or Class 2 project.
(f) The developer is responsible for all costs associated with the engineering, design and construction of the Class 1 or Class 2 project, except in so far as the City permits the inclusion of these costs in the total project cost as specified in paragraph (D). Design and construction of the facilities must be in accordance with the City's design standards, procedures, policies and practices, and final detailed plans and specifications for a Class 1 or Class 2 project must be approved by the City prior to construction.
(g) The construction cost shall be determined and approved by the City prior to permit issuance, using the low bid established by the following process. Bidding contractors shall submit a minimum of three written sealed bids to the City, which shall be opened on a predetermined date in its offices. The City reserves the right to review all bid submissions, to reject any or all bids, and if necessary, to require that the process be repeated using bids submitted from different contractors. It is the responsibility of the developer to ensure that bids adequately represent the full extent of the anticipated contract requirements, including facility locations and sizes, site constraints, material and labor quantities.
(h) Upon completion of the Class 1 or Class 2 project and after final acceptance by the City, the project shall become the property of the City, free and clear of any encumbrances and liens.
(i) The City shall have exclusive control of connections to the Class 1 or Class 2 project, and all provisions of the City Code, as may be amended, applicable to sewer service and charges inside and outside City boundaries shall apply. If the City determines that the Class 1 or Class 2 project qualifies for admission to the repayment program, then the City shall enter into a repayment agreement with the developer. The repayment agreement will include the following, in addition to those terms and conditions deemed appropriate by the City Attorney:
(1) A just, equitable and reasonable charge to be paid by persons or entities within the benefiting area making a connection to the Class 1 or Class 2 project. The connection charge will be determined by dividing the Class 1 or 2 project cost by the maximum service area acreage (the developer's service area plus the benefiting area). Project costs associated with that portion of the maximum service area that falls within the developer's service area are solely the responsibility of the developer.
(2) The connection charge will be paid to the City from any person or entity within the benefiting area connecting to the project. Once collected, the City within 90 days of receipt will remit the appropriate amount to the developer or the person entitled to receive such payment. In no event shall the total repayment amount provided to the developer exceed ninety-seven percent of that portion of the construction cost of the Class 1 or Class 2 project that is allotted to the benefiting area acreage outside of the developer's service area.
(3) Repayment agreement connection charges will not affect the right of the City to assess any building permit, connection fee (sewer tap), sewer service or other charges, fees and taxes against the owners of property located within the maximum service area.
(4) The repayment agreement for Class 1 projects shall terminate in ten years from signing by the developer, or when the total repayment amount is repaid, whichever occurs first.
(5) The repayment agreement for Class 2 projects shall terminate in twenty years from signing by the developer, or when the total repayment amount is repaid, whichever occurs first.
(6) In order for the City to recover costs associated with the administration of a repayment agreement, a charge of five hundred dollars or two dollars per acre times the benefiting area, whichever amount is greater, shall be paid by the developer at the time of his signing of the repayment agreement. In addition, the City is entitled to keep three percent of the monies collected under a repayment agreement, and will deduct this amount from all connection charges it receives prior to remitting the balance to the developer or the person entitled to receive the payment.
(7) If a project is located in an area in which wastewater impact fees are required, credits against impact fees for projects included in repayment agreements will be allocated based on the proportional allocation of costs as specified in the repayment agreement. The developer will only receive that proportion of total credits that is specified in the repayment agreement as the proportion of the developer's area to the total benefited area.
(8) The developer may request the Water Services Department, and within its sole discretion may approve, the use of a dollar amount that is smaller than the total construction cost for purposes of determining the total costs that are included in the repayment agreement. If the total construction costs are not used in a repayment agreement, credits against impact fees attributable to the developer will be based on the proportion of the total actual project cost that is borne by the developer, both inside and outside of the repayment agreement.
(Ord. No. G-1935, § 2; Ord. No. G-2193, § 1; Ord. No. G-2649, § 2; Ord. No. G-4716, § 1, adopted 6-22-2005, eff. 7-22-2005)
Sec. 28-24. Sewer extensions in advance of a sewer assessment district.
The sewer extension policy provisions of the City in regard to sewer installations in advance of sewer assessment districts and the policy to be followed in connection therewith shall be, and the same is hereby, declared to be as follows:
(a) At the option of the developer of an individual parcel of land or of subdivision, he may apply for payment of the sewer line or lines necessary to connect his development to a trunk sewer. He may also apply for payment of the sewer lines within his development.
(b) In order to qualify for payment, the sewer lines to be installed must be usable by a future assessment district, and the developer must sign an agreement whereby the assessable area of any parcel or parcels immediately adjacent to and served by such lines will be included in the assessment district and will receive an assessment for which the developer will be liable, regardless of whether he sells part or all of the property to be assessed.
(c) The developer shall pay all construction costs, including engineering services. The design, location, and construction must be approved by the City, and a permit must be secured from the City Engineer. The contractor shall be duly licensed.
(d) The sewer lines installed by the developer will be held in trust by the City for sale to a special assessment district in the City. The agreed construction cost not exceeding the actual cost for the lines will be written into the construction bid as a lump sum item and will become part of the construction cost for the special assessment district.
(e) The property owners adjacent to lines installed by the developer can connect to these lines by signing an agreement, which will be recorded, to accept an assessment in the assessment district.
(f) If the developer desires to enter into private agreements with adjacent property owners in which they agree to share his cost for the privilege of connecting to the sewer lateral, he may do so, but these property owners will still be required to sign an agreement with the Water and Wastewater Department in which they agree to accept an assessment in the assessment district.
(g) There will be only one purchase agreement for each project. No attempt will be made to negotiate with more than one party, regardless of how many are sharing the cost.
(h) Payment will be made at the completion of the assessment district or at the time that assessments become payable.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2)
Sec. 28-25. Private sewerage systems– Construction and maintenance within City prohibited generally.
Except as provided in this chapter, it shall be unlawful to construct or maintain within the City any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(Ord. No. G-1935, § 2)
Sec. 28-26. Private sewerage systems– When permitted; to be constructed and maintained in sanitary manner.
Where a public sanitary sewer is not available within the City, or in any area under the jurisdiction of the City, the building sewer shall be connected to a private sewage disposal system, complying with the provisions and recommendations of the Arizona Department of Health Services and the Sanitary Code of the County Health Department. Such private sewage disposal system shall be constructed, maintained, and operated at all times in a sanitary manner.
(Ord. No. G-1935, § 2)
ARTICLE IV.
CONNECTIONS TO PUBLIC SEWERS AND CHARGES*------------
Cross references: Building regulations, ch. 9.
------------
Sec. 28-27. Permit required.
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 Water and Wastewater Department.
(Ord. No. G-935, § 2; Ord. No. G-2649, § 2)
Sec. 28-28. Application for sewer tap; sewer dye test.
(a) Each person making application for a sewer tap shall present a valid plumbing permit issued by the City Building Official, or his authorized representative, to the Water and Wastewater Department as a prerequisite for the approval of the requested sewer tap. All applications for sewer taps to be constructed by the Water and Wastewater Department shall include a fee of ninety-five dollars for each sewer tap.
(b) A customer who has been connected to the public sewer and questions whether a sewer tap is in service may apply to the Water and Wastewater Department for a sewer dye test to be performed. The sewer dye test shall be performed by the Water and Wastewater Department when the customer has paid a fee of fifty dollars to cover the costs of the test. If the test shows that the sewer tap is not in service, the fifty dollar fee shall be refunded to the customer.
(Ord. No. G-1935, § 2; Ord. No. G-2649, § 2; Ord. No. G-2788, § 2; Ord. No. G-3242, § 1; Ord. No. G-3340, § 1)
Sec. 28-29. Development Services Director to approve design, quantity, location, size and construction of sewer services.
(a) The design, quantity, location, method of connection and size of all sewer taps shall be subject to the approval of the Director. The Water and Wastewater Department will install all sewer taps less than eight inches in diameter, except as provided elsewhere in this chapter. All sewer taps eight inches in diameter or larger shall be installed by a private contractor in accordance with plans approved by the Development Services Director. Review fees shall be paid as set forth in appendix A.2 of the City Code. Sewer taps shall be connected to public sewers only, unless specifically authorized and approved by the Director.
(b) Where property borders public right-of-way or public easements containing a serviceable City of Phoenix wastewater main, such property, when developed, shall be connected to the City of Phoenix wastewater system. Sewer taps shall extend at right angles from the main to the property line and shall be installed in accordance with the most current edition of the Maricopa Association of Governments uniform standard specifications and details for public works construction and the City of Phoenix supplementals to Maricopa Association of Governments standard specifications and details.
(c) Permits for sewer taps will not be granted, or may be revoked, when the lateral sewer passes through property which at the time is or may become, the property of persons other than the owner of the property to be served from such connection.
(Ord. No. G-1935, § 2; Ord. No. G-1981, § 2; Ord. No. G-2649, § 2; Ord. No. G-2788, § 2; Ord. No. G-2937, § 1; Ord. No. G-3346, § 2)
Sec. 28-30. Special provisions for installing sewer taps in new subdivisions and developments.
In new subdivisions or developments where public sewer extensions are authorized by the City and constructed at the developer's expense, the City may authorize the developer or his agent, if he so desires, to install sewer taps with wyes or tees and connect the lateral sewers to the building connection under the following provisions:
(a) The construction of the public sewer, sewer taps, and connections of the lateral sewer to the sewer tap shall be under the supervision of a registered civil engineer holding registration in the State, who shall submit "as-built plans," bearing the registered civil engineer's registration seal and number, to the Development Services Department. It shall be the duty of the developer to require that all sewer taps serving lots in the development upon which no buildings are constructed, be effectively sealed until such time as buildings will be constructed on the lots left vacant. Such sealed connections shall be inspected and approved by the Development Services Department before being backfilled and shall be designated and located on the "as-built plans." The effective seal shall consist of a vitrified clay stopper inserted in the bell of the sewer extending to the property line from the public sewer; such stopper shall be jointed according to City Engineer's standard detail specification of such work. The stopper shall be permanently flagged by attaching one end of a length of copper wire to the stopper and the other end to a broken piece of clay pipe, which shall be placed under the solid surface directly over the end of a sewer pipe.
(b) Before any building sewer construction is commenced, plumbing permits must be obtained by the developer or his agent from the Building Official.
(c) When the "as-built plans" are submitted, the Water and Wastewater Director will make a record of the sewer taps.
(d) The Development Services Director will collect a fee as set forth in appendix A.2 of the City Code.
(Ord. No. G-1935, § 2; Ord. No. G-2359, § 1; Ord. No. G-2649, § 2; Ord. No. G-2788, § 2; Ord. No. G-3018, § 1; Ord. No. G-3346, § 2)
Sec. 28-31. Records to be kept by Water and Wastewater Department.
The Water and Wastewater Department shall keep a record of all sewer taps made, [and] the purpose for which they are to be used, together with the name of the owner of the property, his agent or representative.
Flow Rate = Total Flow Costs Total Gallons of Flow Treated BOD Rate = Total BOD Costs Pounds of BOD Treated Suspended Solids Rate = Total SS Costs Total Pounds of SS Treated
T = User's Gallons × Flow Rate + User's BOD × BOD Rate + User's SS × SS Rate (2) A sewer maintenance charge (S) will be made to all customers using the City's sewer system and will be calculated as follows:
S = User's Gallons × Total Cost of Sewer Maintenance Total Gallons of Flow (b) The elements of charge developed in section 28-35(a) shall be applied to the various customer classifications as follows:
(1) Customers connected to City of Phoenix collection system:
User Charge = T + S
(2) Other cities using the treatment facilities but not connected to City of Phoenix collection system:
User Charge = T
SFSF = Billed water consumption per account other than industrial customers used for sewer rates Current billed sewer flow per account from water consumption other than industrial customers (b) Other cities will be billed on the basis of their sewer meter reading, with changes in rates effective July 1 each year.
(c) All users for which the water supply is from other suppliers of water may furnish to the Director either a certified meter reading of water delivered, or a copy of the billings from the water supplier. The Director shall have the exclusive authority to determine the adequacy of this information and request additional documentation or tests if he finds the information supplied inadequate. If the Director finds the information adequate, the user's charges will be calculated and the same conditions will apply as if the City were the supplier of water to the user.
(d) Upon approval of the Director, any individual user may, at his own expense and subject to the regulations of the Department, install a separate meter in order to determine the quantity of water actually entering the sewer system and future sewer charges shall be limited to that water actually entering the sewer system as so determined by the Director.
(e) If within sixty days of a new sewer charge being established, a customer files a written complaint with the Director alleging that a significant portion of his water use does not enter the sewer system, the Director, in accordance with written appeals procedure, will provide an opportunity for the customer to present his supporting documentation to an employee designated by the Director to hear complaints.
(f) The Director shall have the authority to investigate and evaluate customer complaints and appeals from billing decisions of his subordinates and may correct such billing to reflect what in his opinion the correct billing should be, where he finds that a meter has been misread or some other obvious billing error has occurred. If the Director determines that a significant amount of water was used during the winter months for lawns, shrubbery or other non-sewer purposes, he shall have the authority to make a corresponding reduction in the sewer billing on subsequent billings only.
(Ord. No. G-2213, § 4; Ord. No. G-2649, § 1; Ord. No. G-2766, § 1; Ord. No. G-2947, § 1; Ord. No. G-3662, § 1; Ord. No. G-3979, § 1, passed 1-8-1997, eff. 3-1-1997)
Sec. 28-36. Determination of wastewater quality.
(a) The Director or his designee shall have the authority to make whatever tests are necessary to carry out a planned sampling program and to make whatever analyses are needed for all commercial and industrial users. The BOD test shall be considered the standard test; however, COD or TOC tests may be substituted in cases where it has been determined by the Director that the BOD test is not representative of actual wastewater loading. Wastewater characteristics shall be determined by the Department on the basis of monitored wastewater discharged, a certified statement from the user, or on the best available data as to the characteristics of such discharges.
(b) Any change in the ongoing process(es) employed by a user contributing commercial or industrial waste which results in a variation of more than twenty-five percent in one or more of the effluent loading concentrations shall be reported to the Department within thirty days of said change.
(c) If it is determined through testing that a significant variation exists between the user's certified data and the discharge characteristics monitored by the Department, the City may adjust the sewer use charge based on the monitored data from the original date of certification, unless written communication has occurred notifying the Department of changes in loading and giving specific dates of changes.
(d) Designated discharge. Where sampling and gauging of specific user is not practical for physical, economic, safety or other reasons, the Director may designate values for concentrations of the wastes discharged into the sewerage system for all users in the same Standard Industrial Classification or subclassification.
(Ord. No. G-1935, § 2; Ord. No. G-2213, § 3)
Sec. 28-37. Other user charge provisions.
(a) Biennial review. The Director will review, not less often than every two years, the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment works, and its approved user charge system. The Director shall at such time recommend a revision in the sewer service charge and user classes to accomplish the following:
(1) Maintain a reasonable proportionate distribution of operation and maintenance costs among users and user classes;
(2) Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works; and
(3) Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
(b) Notification of users. Each user will be notified, at least annually, in conjunction with a regular bill, of the user charge rate and that portion of the total charges which are attributable to user charges.
(c) Inconsistent agreements. The user charge system set forth in this chapter is applicable to all agreements or contracts between the City and users including industrial users, other municipalities or federal agencies or installations, and the terms of this ordinance shall take precedence over any such agreements or contracts which are inconsistent with the requirements of this ordinance.
(d) Wastewater treatment byproducts. All revenue from the sale of treatment-related byproducts shall be used to offset the cost of operation and maintenance. User charges shall be proportionally reduced for all users. Total annual revenues received from the sale of a byproduct shall be credited to the treatment works O&M cost no later than the fiscal year immediately following their receipt.
(Ord. No. G-2213, § 4; Ord. No. G-2935, § 1)
Sec. 28-38. Other sewer service charges.
In addition to the user charges described herein, the rate schedules shall be sufficient to cover the following costs:
(a) A portion of the annual debt service costs for retirement of sanitary sewer bonds will be charged to all customers served directly by the City's wastewater collection system. The Director of Water and Wastewater Department shall make recommendations to the City Council at least once every two years as to how these costs shall be proportioned among the users. Charges to recover these costs will be called "other charges."
(b) Adequate reserve funds to allow for reasonably expected increases in the cost of providing services will be charged to all customers served directly by the City's wastewater collection system. The Director of the Water and Wastewater Department shall make recommendations to the City Council as to the amount of reserve funds necessary and as to how these funds shall be proportioned among the users.
(c) The costs of billing and collection and performing industrial waste services shall be charged to customers on an equitable basis. The Director of the Water and Wastewater Department shall make recommendations to the City Council as to how these costs shall be proportioned among the users. Charges to recover these costs will be called "billing and collection charges" and "industrial waste charges" respectively.
(Ord. No. G-2213, § 4; Ord. No. G-2649, § 1)
Sec. 28-39. Sewer service charges within and without the City.
(a) There shall be charged the following monthly service rate for customers receiving City of Phoenix sewer service inside the limits of the City of Phoenix:
1. Residential Users: Rate per hundred cubic feet of sewage discharged.
USER CATEGORY Sewer Use Rate Sewer Other Rate Total Sewer Service Rate Single Family Residence $0.6935 $1.4744 $2.1679 Multi-Family Residence and Trailer Courts 0.6935 1.4744 2.1679 2. Commercial and Public Users: Rate per hundred cubic feet of sewage discharged.
USER CATEGORY Sewer Use Rate Sewer Other Rate Total Sewer Service Rate Commercial Domestic Strength Without Dining Facilities $0.5741 $1.2587 $1.8328 With Dining Facilities 0.7390 1.5234 2.2624 Laundries/Commercial 1.3354 2.3736 3.7090 Mortuaries 1.2237 2.0035 3.2272 Restaurants and Bakeries Without Dining Facilities $1.5556 $2.7312 $4.2868 With Dining Facilities 1.6818 2.8249 4.5067 Public Federal Buildings Without Dining Facilities 0.5678 1.2464 1.8142 With Dining Facilities 0.6970 1.4648 2.1618 All Other Public Without Dining Facilities 0.5678 1.2464 1.8142 With Dining Facilities 0.6970 1.4648 2.1618 3. Industrial Users: Rates.
USER CATEGORY Sewer Use Rate Sewer Other Rate Total Sewer Service Rate Charge Per Hundred Cubic Feet of Sewage Discharged $0.3071 $0.8768 $1.1839 Charge per pound of B.O.D. 0.1683 0.1940 0.3623 Charge per pound of suspended solids 0.1230 0.2526 0.3756 4. Multi-City Subregional Operating Group (SROG) Agreement Members.
Member Sewer User Billing Rate Per Thousand Gallons City of Glendale $1.40640 City of Mesa $1.11514 City of Scottsdale $1.57601 City of Tempe $0.92257 (b) In addition to user rates and other charges, all residential, commercial and industrial users shall pay a billing and collection charge of $ 1.22 per billing per month effective March 2, 2006.
(c) In addition to user rates and other charges, car washes, laundries, restaurants, bakeries, service stations and auto repair shops and other commercial and public users with dining facilities shall pay a commercial inspection charge of nineteen dollars and fifty-three cents ($19.53) per month.
(d) In addition to user rates SROG member cities shall pay all sample collection and analytical costs associated with sampling activities at SROG facilities. These costs are established every December for the upcoming year by the Water Services Director and are determined by using the same unit cost rate used by the City of Phoenix for sample collection and analytical activities within the City limits.
(e) In addition, all industrial users, including platers shall pay an industrial waste pretreatment monitoring charge of $0.2918 per hundred cubic feet of sewage discharged.
(f) All customers served directly by the City and located outside the City limits shall pay at a rate of one and a half (1 1/2) times the rate for the same classification of service inside the City. In determining the amount the Finance Director shall charge these customers, the same user rates as customers inside the City and will add to this amount, as an "other charge", an amount sufficient to make the total charge payable by such customers equal to one and a half (1 1/2) times the amount paid for the same classification in the City.
(g) There shall be a minimum monthly charge for all customers receiving City of Phoenix sewer service in the amount of four dollars and fifty cents ($4.50) per billing.
(h) All significant industrial users who are required to obtain a permit pursuant to Section 28-45 of the City Code will be assessed an annual pretreatment monitoring fee of one thousand nine dollars ($1,009.00).
(Ord. No. G-2213, § 4; Ord. No. G-2369, § 1; Ord. No. G-2442, § 1; Ord. No. G-2527, § 1; Ord. No. G-2649, § 1; Ord. No. G-2766, § 1; Ord. No. G-2900, § 1; Ord. No. G-2947, § 1; Ord. No. G-3002, § 1; Ord. No. G-3018, § 1; Ord. No. G-3137, § 1; Ord. No. G-3146, § 1; Ord. No. G-3176, § 1; Ord. No. G-3239, § 1; Ord. No. G-3242, § 1; Ord. No. G-3253, § 1; Ord. No. G-3322, § 1; Ord. No. G-3349, § 1; Ord. No. G-3419, § 1; Ord. No. G-3432, § 1; Ord. No. G-3546, § 1; Ord. No. G-3584, § 1; Ord. No. G-3762, § 1; Ord. No. G-3764, § 1; Ord. No. G-3854, § 1; Ord. No. G-3899, § 1; Ord. No. G-3923, § 1, passed 5-15-1996, eff. 7-1-1996; Ord. No. G-3979, § 1, passed 1-8-1997, eff. 3-1-1997; Ord. No. G-4002, § 1, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4071, § 1, passed 1-21-1998, eff. 3-3-1998; Ord. No. G-4084, § 1, passed 4-8-1998, eff. 7-1-1998; Ord. No. G-4152, § 1, passed 1-20-1999, eff. 3-4-1999; Ord. No. G-4177, § 1, passed 5-5-1999, eff. 7-1-1999; Ord. No. G-4247, § 1, passed 3-1-2000, eff. 4-1-2000; Ord. No. G-4272, § 1, passed 5-31-2000, eff. 7-1-2000; Ord. No. G-4331, § 1, passed 2-14-2001, eff. 4-1-2001; Ord. No. G-4354, § 1, passed 6-6-2001, eff. 7-1-2001; Ord. No. G-4407, § 1a, passed 1-30-2002, eff. 3-4-2002; Ord. No. G-4430, § 1, passed 5-1-2002, eff. 7-1-2002; Ord. No. G-4490, § 1a, passed 1-29-2003, eff. 3-3-2003; Ord. No. G-4510, § 1, passed 5-14-2003, eff. 7-1-2003; Ord. No. G-4567, § 1, passed 12-17-2003, eff. 2-1-04; Ord. No. G-4573, § 1a., passed 1-21-2004, eff, 3-3-2004; Ord. No. G-4600, § 1, passed 5-5-2004, eff. 7-1-2004; Ord. No. G-4635, §§ 1g, h, adopted 8-31-2004, eff. 9-30-2004; Ord. No. G-4672, § 1, adopted 1-19-2005, eff. 2-18-2005; Ord. No. G-4684, § 1, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-4768, § 1a, adopted 12-21-2005, eff. 3-2-2006; Ord. No. G-4782, § 1, adopted 3-8-2006, eff. 7-1-2006; Ord. No. G-4852, § 1, 12-20-2006, eff. 3-2-2007; Ord. No. G-4880, § 1, adopted 3-21-07, eff. 7-1-2007; Ord. No. G-5081, § 1a, adopted 1-30-2008, eff. 3-3-2008; Ord. No. G-5106, § 1, adopted 3-19-2008, eff. 7-1-2008; Ord. No. G-5302, § 1a, adopted 1-21-2009, eff. 3-3-2009; Ord. No. G-5334, § 1, adopted 4-1-2009, eff. 5-1-2009)
Editor's note: It should be noted that Section 2 of Ord. No. G-5334 states that the rates amended in this Section shall be effective and enforceable July 1, 2009.
Sec. 28-40. Reserved.
Sec. 28-41. Payment of bills and charges.
(a) All sewer user accounts shall be carried on the books of the Water Services Department by the house and street numbers. All notices sent out by the City regarding sewer user accounts, and all notices regarding any other matter pertaining to the use of the City sewerage system shall be sent to the house and street number of such property. Should the customer desire notices from the City to be sent to another address, the customer must submit this mailing address to the Water Services Department. To insure proper delivery of notices, all errors in house and street numbers should be promptly reported to the Water Services Department.
(b) The sewer account shall distinguish the amount of the sewer user charge from any industrial cost recovery charge, if applicable.
(c) All rates and service charges are due and payable when rendered. Payment must be made no later than the due date printed on the bill. If payment is not received by the due date the account is considered delinquent and subject to a late fee of three percent per month assessed on the delinquent amount. The next monthly billing invoice will indicate the past due amount, all late fees, and the current amount due. In addition to late fees a delinquent account is subject to having the water services discontinued if the account remains delinquent. A final billing notice of non-payment will be mailed giving the date that the water service will be discontinued. If the total amount identified in the final billing notice is not paid prior to the scheduled disconnection date, the water service will be turned off to the premises. No further notice will be given to the customer. A turnoff fee will be assessed to the customer's account for discontinuance of service. The turnoff fee, in addition to all amounts due and owing must be paid before restoring service. An account may also become delinquent and subject to disconnection for nonpayment of return check amounts and service charges. If a customer disputes the amount of the bill or protests a proposed termination of service as unjustified, the customer may present objections by following the procedures set forth in Phoenix City Code Section 37-95.
(d) A consumer's water service may be disconnected for nonpayment of a bill for City sewer service rendered at a previous location.
(e) Any expense caused by the City for the repair or replacement of damaged, stolen, tampered with or misused sewer facilities shall be charged against and collected from the person or persons who caused the expense.
(f) All requests for discontinuing service can be made by the customer or authorized agent of the customer of the property or by the named applicant on a service account or his authorized agent. All charges for services supplied to such premises shall be calculated and due on the specified due date printed on the bill. A customer requesting discontinuance of service must also furnish the Water Services Department with a change of address.
(g) Until a request to discontinue service is received by the Water Services Department, the customer is still responsible for all billing invoices.
(Ord. No. G-1935, § 2; Ord. No. G-2473, § 1; Ord. No. G-2649, § 2; Ord. No. G-5158, § 1a, adopted 5-14-2008, eff. 5-1-2009)
Editor's note: Section 2 of Ord. No. G-5158, provides for an effective date of May 1, 2009 for this section.
Sec. 28-41.1. Application for service.
An applicant for sewer service shall submit the information referenced in 37-84(a)1 or 2. If the information has been submitted for a water application, the applicant for sewer service shall provide the information relevant to sewer service on the existing application, if for sewer service at the same address as water service application.
(Ord. No. G-2473, § 1)
Sec. 28-41.2. Financial responsibility deposits.
(a) Customers must post a deposit with the City if a good payment record is not established or maintained. For purposes of this Section criteria defining what constitues a good payment record is identified in the Water Services Deposit Policy. A copy of this policy is on file with the Water Services Department. In such event the deposit will be an amount equal to the average billing invoices for the previous twelve months. In the event the customer fails to post the required deposit, sewer service will not be initiated or water services will be discontinued.
(b) Customer accounts that do not have a billing record sufficient to calculate a deposit as provided in Paragraph A shall be determined by using an average twelve month billing for similar residential or commercial accounts.
(c) All deposits shall be non-interest-bearing. The deposit shall be applied to the account within the next billing cycle, after a customer has maintained a good payment record for 12 consecutive months.
(d) If an account is closed at the customer's request, within 60 days thereafter, the deposit, less any amounts due and owing, will be returned to the customer.
(Ord. No. G-2473, § 1; Ord. No. G-5158, § 1b, adopted 5-14-2008, eff. 12-1-2008)
Editor's note: Section 2 of Ord. No. G-5158 provides for an effective date of December 1, 2008 for this section.
Sec. 28-41.3. Reserved.
Editor's note: Ord. No. G-5158, § 1c, adopted May 14, 2008, repealed § 28-41.3 in its entirety. Formerly said section pertained to risk deposits and derived from Ord. No. G-2473, § 1.
Sec. 28-42. Reserved.
Editor's note: Section 28-42 was repealed; see Ord. No. G-2473, § 1.
Sec. 28-43. Distribution of sewerage system revenues and utilization of funds.
(a) Funds shall be established for the proper distribution of sewer revenues. They shall include but not be limited to the following:
(1) Sewerage revenue fund.
(2) Sewerage operation and maintenance fund– User charge.
(3) Sewerage operation and maintenance fund– Other charges.
(4) Sewerage replacement fund– 91st Avenue Plant.
(5) Sewerage replacement fund– 23rd Avenue Plant.
(6) Sewerage replacement fund– Lines.
(b) The distribution of sewer charges to the above funds shall be as follows:
(1) The operation and maintenance portion of the sewer user charge revenues shall be allocated to the sewerage operations and maintenance fund– user charge.
(2) The applicable portion of the sewer service charge revenues shall be allocated to the sewerage operation and maintenance fund– other charges.
(3) The replacement fund portion of the sewer user charge revenues shall be allocated to the sewerage replacement funds.
(c) The utilization of the above funds shall be as follows:
(1) Sewerage operations and maintenance fund– user charge shall be utilized for the user charge portion of the personal services and operational expenses associated with the operation and maintenance of wastewater treatment facilities and sewage collection facilities.
(2) Sewerage operation and maintenance fund– other charges shall be utilized for personal services and operational expenses associated with the provision of sewerage system services that are not included in the user charge fund.
(3) Sewerage replacement funds shall be utilized for obtaining and installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance of the system.
(Ord. No. G-1935, § 2; Ord. No. G-2213, § 5; Ord. No. G-2766, § 1)
Substance Limitation Arsenic 0.13 mg/l* Cadmium 0.047 mg/l Copper 1.5 mg/l Cyanide 2.0 mg/l Lead 0.41 mg/l Mercury 0.0023 mg/l Selenium 0.10 mg/l Silver 1.2 mg/l Zinc 3.5 mg/l * mg/l = milligrams per liter
*Editor's note– It should be noted that Section 2 of Ord. No. G-4635, adopted August 31, 2004, states that 28-45(b) shall become effective January 1, 2005.
____
(c) Maintain a continuous discharge record which clearly identifies the:
(1) Dates and times of all industrial discharges; and
(2) Nature, concentration(s), and volume(s) of all such discharges.
(d) Provide the Director with all reports and notices which the SIU is required to submit in accordance with the provisions of 40 Code of Federal Regulations part 403.12. In particular, each SIU shall meet the requirements of:
(1) Notices which must be filled within one hundred eighty days of the adoption of any categorical standard, including a compliance schedule;
(2) Notices which must be filed within ninety days of any final compliance date, or in the case of a new source, following the commencement of the introduction of wastewater into the POTW;
(3) Reports which must be filed by the SIU in June and December of each year unless required more frequently by the Director;
(4) Notices which must be immediately given after a slug load release of any industrial discharge;
(5) Sampling and analyses of pollutants discharged to the POTW, including any more frequent sampling and analyses performed beyond what is required by the Director;
(6) The maintenance of records by the SIU.
(e) Comply with all reporting requirements and maintain records of all information resulting from any monitoring activities as required by chapter 28 of the Phoenix City Code.
(f) Records required by paragraphs (d) and (e) above shall be required to be retained for a minimum of three years from the date of monitoring activity and shall be made available for inspection and copying. This period of retention shall be extended during the course of any unresolved litigation between the SIU and the City. Such records shall include for all samples:
(1) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(2) The dates analyses were performed;
(3) Who performed the analyses;
(4) The analytical techniques/methods used; and
(5) The results of such analyses.
(Ord. No. G-2489, § 4; Ord. No. G-3384, § 1; Ord. No. G-3662, § 1; Ord. No. G-4635, § 1i, adopted 8-31-2004, eff. 1-1-2005)
Sec. 28-45.1. Special discharges.
(a) In addition to all other requirements imposed by this chapter upon industrial users, the following types of industrial users who are not significant industrial users may be required to obtain a Class B wastewater discharge permit if the Director determines the industrial discharge causes or has the reasonable potential to cause harm or damage to the POTW, worker safety, public safety or the environment:
(1) Zero process discharge user.
(2) Users which discharge the equivalent strength of twenty-five thousand gallons per day of domestic waste as measured by BOD and SS.
(3) Discharges of polluted groundwater.
(4) Users discharging any of the substances identified in sections 28-9 and 28-45(b).
(b) The industrial user shall comply with all requirements and conditions of a Class B wastewater discharge permit issued by the Director under section 28-46.
(Ord. No. G-3662, § 1)
Sec. 28-46. Authority of the Director.
The Director is authorized to enforce POTW user compliance with the requirements of this chapter. In carrying out this responsibility, the Director has authority to:
(a) Issue or amend (as applicable) Class A and Class B wastewater discharge permits within sixty days of receiving the application for such permit or amended permit. Once issued, a permit:
(1) Will be for a period of time not to exceed five years. A permit may be terminated by revocation by the Director or upon voluntary surrender of the permit by the permittee at an earlier date;
(2) Is nontransferable by the permittee;
(3) Will specifically identify all applicable discharge prohibitions and limitations which the Director will enforce;
(4) May be amended as deemed appropriate by the Director;
(5) May contain monitoring requirements;
(6) May contain reporting requirements;
(7) May contain requirements for installation and maintenance of inspection and sampling facilities;
(8) May contain required notifications;
(9) May contain requirements for a plan to control slug discharges and spills. The plan shall contain at a minimum:
(i) A description of discharge practices, including non-routine batch discharges; and
(ii) A description of stored chemicals; and
(iii) Procedures to prevent adverse impact from accidental spills, including 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;
(10) May require implementation of best management practices to reduce or eliminate the amount of pollutants discharged to the POTW;
(11) May contain standard permit conditions;
(12) May contain other conditions and requirements as deemed reasonably necessary by the Director to prevent pass-through or interference, to protect the quality of the water body receiving the treatment plant's effluent, to protect worker health and safety, to facilitate sludge management and disposal, to protect against damage to the POTW and to ensure user compliance with this chapter, and state and federal laws, rules and regulations;
(13) Reserved.
(b) A permit may be revoked by the Director for good cause, including, but not limited to:
(i) Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(ii) Failure to provide prior notification to the Director of changed conditions pursuant to section 28-44(f);
(iii) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(iv) Falsifying self-monitoring reports;
(v) Tampering with monitoring equipment;
(vi) Refusing to allow the Director timely access to the facility premises and records;
(vii) Failure to meet effluent limitations;
(viii) Failure to pay fines and penalties;
(ix) Failure to pay sewer charges;
(x) Failure to meet compliance schedules;
(xi) Failure to complete a wastewater survey or the permit application;
(xii) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(xiii) Violation of any pretreatment standard or requirement, or any terms of the permit or requirement of this chapter.
(c) Incorporate the pertinent requirements of this chapter into every City contract with any POTW user located outside of the municipal jurisdiction of the City. Such contracts may also provide for liquidated damages and, if applicable, specific performance as remedies for breach of contract.
(d) Receive and analyze all self-monitoring reports and notices submitted by industrial users.
(e) Randomly sample and analyze effluent from POTW users and conduct those surveillance and inspection activities needed to identify, independently of any information supplied by such users, occasional or continuing noncompliance with any categorical standard or pretreatment requirement.
(f) Investigate instances of noncompliance with any categorical standard or pretreatment requirement when notice of any actual or probable noncompliance has been received by the Director.
(g) Notify POTW users of noncompliance with categorical standards or pretreatment requirements discovered by the Director. Such notice shall also contain a demand for any appropriate corrective action, which is necessary to meet the applicable requirements of this chapter. Any POTW user will be allowed opportunity to respond to an order of the Director before any enforcement action against such user is initiated, unless the discharge is a threat to the public health, safety and welfare, in which case the Director may initiate enforcement action without giving notice.
(h) Comply with the public participation requirements of 40 Code of Federal Regulations part 25 and A.R.S. § 49-391 in connection with the City's enforcement of any pretreatment standards and requirements.
(i) Impose appropriate penalties for noncompliance with any or all of the following:
(1) Suspension or revocation of any industrial user permit for the failure of an industrial user to comply with the pertinent requirements of such permit;
(2) Termination of POTW services;
(3) Restricting or otherwise limiting allowable discharges;
(4) Requesting that the City Attorney commence criminal and/or civil action against any user violating any requirement of this chapter.
(j) The Director shall:
(1) Determine which actual or threatened discharge to the POTW will cause interference with the POTW or will present (or may present) an imminent or substantial endangerment to the health or welfare of any person and/or to the environment;
(2) Abate any actual or threatened discharge which would violate any categorical standard or pretreatment requirement imposed by this chapter. This may include plugging or disconnecting any sewer service connection to the POTW;
(3) Correct or mitigate any injury to the environment, the POTW or to any other property as a result of any discharge in violation of a categorical standard or pretreatment requirement imposed by this chapter.
(k) Annually publish, in the largest daily newspaper published in the City, public notice of all industrial users who at least once during the prior calendar year were in significant noncompliance (SNC). SNC is determined at any time during the year, except that for chronic and TRC violations, SNC is determined at the beginning of each quarter using the prior six months. Thus, chronic and TRC SNC is determined four times during the year and the total evaluation period covers fifteen months (i.e., beginning with the last quarter of the previous year through the end of the current year). The notification shall also summarize any enforcement actions taken against such users during the same twelve-month period.
(l) Notify industrial users of applicable pretreatment standards and any applicable requirements under section 204(b) and 405 of the Clean Water Act and subtitles C and D of the Resource Conservation and Recovery Act.
(m) The Director shall maintain one copy of all federal statutes, rules and regulations cited by this chapter in order to allow regulated users adequate opportunity to review the applicable federal requirements that are herein incorporated by reference.
(n) The Director has the authority to adopt, implement and enforce a policy on waivers from the ph low and high limits.*
(Ord. No. G-2489, § 4; Ord. No. G-3384, § 1; Ord. No. G-3662, § 1; Ord. No. G-4635, §§ 1j– m, adopted 8-31-2004, eff. 9-30-2004)
*Editor's note– It should be noted that Section 2 of Ord. No. G-4635, adopted August 31, 2004, states that 28-46(n) shall become effective January 1, 2005.
Sec. 28-46.1. Permit appeals process.
(a) Any permit applicant or permittee (aggrieved party) may petition the Director to reconsider the conditions and limitations of a permit issued or amended under the authority of section 28-46(a) by filing a petition for review with the Director within twenty days of receipt of the permit.
(b) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(c) In its petition, the aggrieved party must identify the permit provisions objected to, specify in detail the reasons for objection, and present the alternative condition, if any, it seeks to place in the permit.
(d) The provisions of the permit that are not objected to shall not be stayed pending the appeal.
(e) If the Director fails to act within thirty days from receipt of the petition, it shall be deemed to be denied. Decisions not to reconsider the issued or amended permit, not to issue a permit, or not to amend a permit shall be considered final administrative actions for purposes of judicial review.
(f) The aggrieved party seeking judicial review of the final permit decision may file a complaint with the Superior Court for Maricopa County, Arizona.
(Ord. No. G-3662, § 1)
Sec. 28-47. Confidential information.
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. To claim this trade secret protection, the user must specify at the time of submitting his reports or information, that part he desires to protect. When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, [or] State disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the City, the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(Ord. No. G-2489, § 4)
Secs. 28-48– 28-52. Reserved.
ARTICLE VII.
ACCIDENTAL DISCHARGESec. 28-53. Permittee provides protection.
Each permittee shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter.
(Ord. No. G-1935, § 2)
Sec. 28-54. Permittee shall notify City of accidental discharge.
For countermeasures to be taken by the City to minimize damage to the sanitary sewer system and/or degradation of the receiving waters, the permittee shall notify the City immediately upon accidentally discharging wastes in violation of this chapter. This notification shall be followed within five days of the date of occurrence by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent a future occurrence. Such notification will not relieve permittee of liability for any expense, loss or damage to the sanitary sewer system, or for any fines imposed on the City on account thereof and/or for any enforcement action pursuant to this occurrence.
(Ord. No. G-1935, § 2; Ord. No. G-3384, § 1)
Sec. 28-55. Permittee will notify employees.
In order that officers, agents and employees of permittees will be informed of the City's requirements, permittees shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the City from time to time for the purpose of improving and making more effective water pollution control. A notice shall be furnished and permanently posted on the permittee's bulletin board advising officers, agents and employees who to call in case of an accidental discharge in excess of the limits authorized by the permit.
(Ord. No. G-1935, § 2)
Sec. 28-56. Permittee shall label potential accidental discharge points.
Any possible connection or entry point for a hazardous and/or prohibited substance to the permittee's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of such substance in violation of this chapter.
(Ord. No. G-1935, § 2)
ARTICLE VIII.
CITIZENS' WASTEWATER RATE ADVISORY COMMITTEE*------------
Cross references: Administration, ch. 2; Citizens' Water Rate Advisory Committee, § 37-102 et seq.
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Sec. 28-57. Citizens' Wastewater Rate Advisory Committee– Composition; appointment.
There is hereby created, constituted and established a Citizens' Wastewater Rate Advisory Committee hereinafter referred to as Committee. The members of the Committee shall be the same nine members of the Citizens' Water Rate Advisory Committee established by section 37-102.
The Water Rate Advisory Committee shall have the power to set and act as the Committee subject to the provisions governing their creation, appointment and rules as set forth in sections 37-102, 37-104, 37-105, 37-106 and 37-107 with the additional functions, purposes and duties set forth in 28-58.
(Ord. No. G-3369, § 1)
Sec. 28-58. Citizens' Wastewater Rate Advisory Committee– Functions and purposes.
The functions, purposes, and duties of the Committee shall be:
(a) Act as an advisory body to the City Manager and City Council on wastewater rate and fee structure formulation within limits established by EPA regulations;
(b) Annually review the wastewater revenue requirements of the wastewater system and recommend through the City Manager to the City Council rate and fee adjustments;
(c) Annually review the wastewater SROG fund revenue requirements and recommend through the City Manager to the City Council and to the Multicity Subregional Operating Group Committee, wastewater charges to support these revenue requirements;
(d) Consult with the City Manager and the City Council from time to time as may be required by the City Manager and the City Council relative to wastewater system financial needs.
(Ord. No. G-3369, § 1)
Secs. 28-59– 28-70. Reserved.
ARTICLE IX.
RESERVED*------------
Editor's note: Ord. No. G-4635, § 1o, adopted August 31, 2004, effective September 30, 2004, repealed Ch. 28, Art. IX, §§ 28-71– 28-80.1 in its entirety. Formerly said article pertained to haulage of non-hazardous liquid wastes and derived from Ord. No. G-3116, § 2,; Ord. No. G-3217, § 1; Ord. No. G-3520, § 1; Ord. No. G-3662, § 1; Ord. No. G-4043, § 5.
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Secs. 28-71– 28-80.1. Reserved.
ARTICLE X.
ENFORCEMENTSec. 28-81. Enforcement of chapter.
The rules and regulations of this chapter are made for the benefit of the users of the City sewage works, for the protection of the sewage works, and to protect the quality of the effluent of the sewage treatment plants. Their enforcement shall in no case be willfully ignored by any City official or employee. With the exception of applicable State and federal requirements such as the pretreatment regulations, the Director may, at his discretion, order a suspension of a requirement that would cause a gross injustice to a particular user of the system.
(Ord. No. G-3376, § 1)
Sec. 28-82. Criminal penalty.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and any such violation shall constitute a separate offense on each successive day the violation continues.
(Ord. No. G-3376, § 1)
Sec. 28-83. Civil penalty.
(a) Any person who violates any provision of Article II, entitled "Use of Public Sewers and Limitations," Article VI, entitled "Industrial User and Pretreatment Requirements," and/or Article VII, entitled "Accidental Discharge," shall be civilly liable to the City for a sum not to exceed twenty-five thousand dollars per day for each violation. For continuing violations, each day may constitute a separate offense. In seeking the assessment of a civil penalty, the following criteria contained in A.R.S. § 49-391c shall be considered:
1. The seriousness of the violation.
2. The economic benefit, if any, resulting from the violation.
3. Any history of such violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. Such other factors as justice may require.
(b) In addition to the civil penalty imposed herein, the person shall be liable for any civil penalty imposed on the City as a result of the violation.
(Ord. No. G-3376, § 1; Ord. No. G-4635, § 1p, adopted 8-31-2004, eff. 9-30-2004)
State law references: Penalties for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28); local enforcement of water pretreatment requirements, A.R.S. § 49-391.
Sec. 28-84. Remedies.
(a) In addition to any civil and criminal penalty which may be imposed for violations of this chapter, a user shall be liable for all actual costs which may be assessed by the Director on a user of the City's sewage works who discharges wastes containing nonpermissible quantities of prohibited substances into the public sewer system. The Director is authorized to assess charges based on the extra costs incurred by the City in surveillance, sampling and testing of the discharges, for additional operating and maintenance expenses, including overhead charges, and for any other action required to identify, handle, process or supplement normal activities due to the unauthorized discharge of wastes.
(b) The Director shall have the authority to discontinue water and/or sewer service to a user for any of the following reasons:
(1) Failure to pay a charge assessed by the Director for unauthorized discharges.
(2) Failure to correct an unauthorized discharge as required by the Director.
(3) Discharging any unauthorized substances, materials, water or waste as prohibited by this chapter or by the Director.
(4) For violation of any provision of this chapter.
(c) Before discontinuing water or sewer service as provided herein the Director shall give written notice to the user of the discontinuance and an opportunity to appear before the Director on any disputed matter relative to the discontinuance of sewer service, except that if a discharge is a threat to the public health, safety and welfare, the discontinuance of water and or sewer service may be immediate and without notice. The discontinuance of sewer service shall be accomplished by physically cutting and blocking the building connection. The actual cost for disconnecting and or reconnecting the sewer service shall be paid by the affected user to the Water Services Department.
(d) Upon notice of the final determination by the Director of an assessment owing, the user shall tender the fee allowed within ten days of the date ordered by the Director.
(e) Any unauthorized discharge not corrected or assessment not tendered is hereby declared to be, and is, a public nuisance which may be abated by order of a court of competent jurisdiction and its continued operation is unlawful. The remedy provided herein shall be in addition to any other remedy authorized by this chapter.
(Ord. No. G-3662, § 1)
Secs. 28-85– 28-89. Reserved.
ARTICLE XI.
SEWER ENVIRONMENTAL CHARGE*------------
Cross references: Environmental protection, ch. 40; water environmental charge, § 37-131 et seq.
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Sec. 28-90. Definitions for article XI.
For the purposes of this article only, the following words and phrases, shall have the meanings specified in this section, unless from the content, a different meaning is clearly intended.
Advanced sewage treatment means additional treatment needed to remove suspended and dissolved substances not normally removed during secondary treatment including organic matter; suspended solids; inorganic ions such as calcium, phosphate, nitrate, and potassium; as well as synthetic organic compounds.
Air contaminant/odor control means a process which neutralizes air contaminants and odors emanating from sewage caused by the decomposition of organic matter in raw sewage and reduces such air contaminants or odors to the appropriate air discharge limitations.
Air stripping means a process utilized for the removal of ammonia which may be toxic to aquatic life, or for the removal of volatile organic compounds (VOCs), some of which are carcinogenic.
Biological nutrient removal (nitrification-denitrification) means a process by which the nitrogen content of sewage treatment plant effluent is decreased in order to reduce the growth of algae and aquatic plants in receiving waters. This process also lowers the content of ammonia, which is toxic to aquatic life, in treated sewage effluent.
Dechlorination means the process by which chlorine, which may be toxic to aquatic life, is removed from the treated sewage treatment plant effluent following disinfection.
Granular activated carbon treatment means a process in which non-volatile and semi-volatile organic compounds are removed through adsorption on the surface of carbon particles.
Secondary sewage treatment means treatment by which dissolved or suspended materials are converted through biological action and sedimentation to a form which allows more ready separation and results in a sewage treatment plant effluent which can be characterized by the following average constituent concentrations: (a) BOD: thirty milligrams per liter, (b) suspended solids: thirty milligrams per liter, and (c) ph: 6.0 to 9.0
Water quality programs means programs required by the National Pollutant Discharge Elimination System (NPDES) permit for industrial pretreatment enforcement and monitoring, customer education, and plant laboratory analysis and monitoring.
Water reclamation means a process or series of processes by which suspended and dissolved solids remaining following secondary or advanced treatment are removed to a level which allows the sewage treatment plant effluent to be used beneficially. This may include flocculation, coagulation and filtration.
(Ord. No. G-3585, § 1; Ord. No. G-4635, § 1q, adopted 8-31-2004, eff. 9-30-2004)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 28-91. Purpose of sewer environmental charge.
The purpose of the charge imposed by this article is to communicate costs for enhancing and maintaining the environment to customers by separating these costs from the costs reimbursed by sewer service charges and to reimburse the City for costs of meeting environmental standards at sewage treatment plants and environmental regulations related to water quality.
Environmental Rate per 100 Cubic Feet Residential user $0.5236 Commercial and public 0.5236 Industrial user 0.5236 (b) All customers served directly by the City of Phoenix and located outside the City of Phoenix's limits shall be charged monthly a sewer environmental rate in the amount of one and a half (1 1/2) times the sewer environmental rate for the same classification of service inside the City of Phoenix.
(Ord. No. G-3585, § 1; Ord. No. G-3762, § 1; Ord. No. G-3899, § 1; Ord. No. G-4247, § 1, passed 3-1-2000, eff. 4-1-2000; Ord. No. G-4407, § 1b, passed 1-30-2002, eff. 3-4-2002; Ord. No. G-4768, § 1b, adopted 12-21-2005, eff. 3-2-2006; Ord. No. G-5302, § 1b, adopted 1-21-2009, eff. 3-3-2009)
Note: Pursuant to § 2 of Ord. No. G-5302, the fees set forth in section (a) above shall be effective and enforceable March 3, 2009.
Sec. 28-93. Payment of bills and charges.
(a) All sewer user accounts shall be charged the monthly sewer environmental rate on the monthly utility bill which sewer environmental rate shall be stated separately on the utility bill.