Page 1 REGULATION OF SEWER USE ORDINANCE NO.# 1685 AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM AND PROVIDING PENALTIES FOR VIOLATION THEREOF: IN THE CITY OF PRICHARD, COUNTY OF MOBILE, STATE OF ALABAMA. BE IT RESOLVED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, STATE OF ALABAMA AS FOLLOWS: ARTICLE I ~- DEFINITIONS Unless the context specifically indicates otherwise, the meaning of terms used in this resolution shall be as follows: Sec. 1. BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C. expressed in milligrams per liter. Sec. 2. Building 5 1 6 6 1 4 562 1016 96 21 96.453598 Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building ana conveys it to the building sewer, beginning five feet outside the outer face of the building wall. Sec. 3. Building 5 1 6 7 1 4 562 1269 96 19 92.611977 Sewer shall mean the extension from the building drain to the public sewer or other place of disposal. Sec. 4. “Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. Sec. 5. Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. Sec. 6. Industrial 5 1 6 10 1 4 595 1618 113 18 94.020363 Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. Sec. 7. Natural 5 1 6 11 1 4 546 1768 112 19 94.395401 Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or ~ther body of surface of groundwater. Sec. 8. Persons shall mean any individual, firm, company, association, society, corporation, or group. Page 2 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Properly 5 1 22 3 1 2 568 288 131 20 96.840393 Shredded 5 1 22 3 1 3 717 287 129 24 96.100533 Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (%) inch in any dimension. Public 5 1 22 6 1 2 534 536 96 18 82.852577 Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. Sanitary 5 1 22 6 3 2 567 635 96 19 95.600838 Sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Sewage shall mean a combination of the Water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage 5 1 22 10 1 2 533 985 148 18 95.998558 Treatment 5 1 22 10 1 3 700 984 96 19 95.842171 Plant shall mean any arrangement of devices and structures used for treating sewage. Sewage 5 1 22 12 1 2 532 1084 97 20 79.325287 Works or Sewerage 5 1 22 12 1 5 866 1085 113 24 96.378967 System shall mean all facilities for collecting, pumping, treating, and disposing sewage. Sewer shall mean a pipe or conduit for carrying sewage. Shall is mandatory, May is permissive. Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation. Storm 5 1 22 17 1 2 516 1538 96 20 92.681686 Drain (sometimes termed “storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Superintendent shall mean the Manager for the Water Works and Sewer Board of the City of Prichard, or his authorized deputy, agent, or representative, and/or the Board's Engineer. (While Superintendent as used herein, can also be the Board's Engineer, the Board's Engineer, used hereinafter, does not mean Superintendent. ) Page 3 Sec. Sec. Sec. Sec. 21. 22. 23. 24. Supended 5 1 8 1 1 2 568 203 113 20 96.075256 Solids shall mean solids that are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. CFR is an abbreviation for Code 5 1 8 4 1 7 982 453 31 19 96.242004 of 5 1 8 4 1 8 1032 453 113 19 96.398041 Federal 5 1 8 4 1 9 1164 453 213 24 96.051369 Regulations. “OSHA" is an abbreviation for Occupational 5 1 8 5 1 7 1131 504 99 23 94.885117 Safety 5 1 8 5 1 8 1248 504 48 19 96.087158 and 5 1 8 5 1 9 1314 505 98 19 96.087158 Health 2 1 9 0 0 0 400 551 263 20 -1 3 1 9 1 0 0 400 551 263 20 -1 4 1 9 1 1 0 400 551 263 20 -1 5 1 9 1 1 1 400 551 263 20 92.144470 Administration. ARTICLE II - USE OF PUBLIC SEWERS REQUIRED. Sec. Sec. Sec. Sec. Sec. 1. 2. 5. It shall be unlawful for any person to place, deposit, or permit to be deposited in any wnsanitary manner on public or private property within the City of Prichard or in any area under the jurisdiction of said city, any human or animal excrement, garbage, er other objectional waste. It shall be unlawful to discharge to any natural outlet within the City of Prichard, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Except as’ hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety days after date of written notice to do so, provided that said public sewer is within one hundred feet of the property line. No building permit for construction or a new building nor modification of existing building shall be issued unless the plans for the new building include provisions for use of public sewers as required in Articles II and Iv. Page 4 -4- ARTICLE III - PRIVATE SEWAGE DISPOSAL Sec. Sec. 1. 2. The disposal of sewage by means other than the use of available sanitary sewage system shall be in accordance with local county and state law. The disposal of sewage by private disposal systems shall be permissible only in those instances where service from the public sanitary sewerage system is not available. fhe Board shall have authority to approve or reject private sewage disposal facilities in accordance with a standard set of plans and specifications for installation of such facilities. Permits for these facilities should be issued when approved and periodic inspections should be made by the plumbing inspector or the local health department depending on who issues the permits. ARTICLE IV - BUILDING SEWERS AND CONNECTIONS Sec. Sec. Sec. Sec. 1. 2. 3. 4. No 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 Works and Sewer Board of the City of Prichard, in addition to any (and all) permits required by the city. There shall be two classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application in a special form furnished by the Board. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the Judgement of the Board. A current published permit and inspection fee shall be charged for residential, commercial building or industrial building and shall be paid to the Board at the time the application is filed. All cost and expense incident to the installation and connection of the building sewer shall be borne by the owner of the building sewer. The owner shall indemnify the Board from any loss or damage they may directly or indirectly be occasioned by the installation of the building sewer. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Page 5 Sec. Sec. Sec. Sec. Sec. Sec. 5. 6. 7. 9. 10. -5- Old building sewers may be used in connection with new building only when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Any existing such connection found shall be disconnected and the building sewer repaired to the satisfaction of the superintendent. The connection of the building sewer into the public sewer shail conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications Of the A.S.T.M. and the W.P.C.F. Manual Practice No. 9. Ali such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. Except in cases where the superintendent shall otherwise approve, in writing as a permit condition, all connections to existing sewers shall be made by employees of the Board. The connecting building sewers installed by the Board shall include tap (or wye) and sufficient building service line to extend the building sewer to at least 3 feet beyond the street's traveled way, pavement, Page 6 Sec. Sec. Sec. ARTICLE V Sec. 11. 12. 13. 1. -6- curb and/or sidewalk, on the side of those facilities nearest the proposed building to be served. At that point the Board will install a plug, pending extension of the building sewer by the permittee. The Board shall charge a current published fee for its costs in making the sewer connection, and building sewer extension, as described above. That fee shall be payable when the permit is obtained. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connections shall be made under the supervision of the superintendent or his representative The building sewer shall not be covered until approval for backfill has been given by the superintendent. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner that is satisfactory to the Board and the city. Building sewers shall be of P.V.C. (SDR 35 or stiffer), extra strength V.C., cast/Ductile iron, or C.I.S.P., and shall have a minimum diameter of 4 inches. Building sewers with less than 2 feet of cover shall be iron. Larger diameter pipe may be required by the superintendent if estimated flows so indicate. Minimum building sewer slope shall be 1/8 inch per foot, with % inch per foot the normal slope. Fittings shall be designed for use with the pipe so grout joints are not necessary. O ring or gasket joints of P.V.C. or rubber shall be used. Clean outs shall be subject to approval by the superintendent. Building sewers shall not be covered until approved in place, by the superintendent. Building sewers shall be laid on a crushed stone base. Backfill shall be completed, in layers and graded to prevent entrance of surface water to the trench. The superintendent may order concrete protection of shallow building sewers. - USE OF THE PUBLIC SEWERS No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer, nor shall a person discharge sanitary or industrial wastewater to any storm sewer or natural waterway. Page 7 Sec. Sec. Sec. 2. 3. 4. ~J- Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Alabama Department of Environmental Management. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Alabama Department of Environmental Management, to a storm sewer, or natural outlet. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (Pretreatment shall be provided, if necessary to meet these standards. ) (a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. (c) Any waters or wastes having PH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to piping structures, equipment, and personnel of the sewage works. (ad) Solid or viscous substances in quantities or of such size capable of causing obstruction of the flowing sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. No persons shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. Page 8 In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration of such factors as to the acceptability of these wastes, the superintendent will give consideration of such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substance prohibited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty degrees F. (65 degrees C.). (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees F. (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the superintendent. (d) Any waters or wastes containing strong acid iron prickling wastes, or concentrated plating solutions, whether neutralized or not. (e) Any waters or wastes containing iron, chromium, copper, zinc, cranide, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent and/or the Alabama Department of Environmental Management of Such materials. (£) Any water or wastes containing phenols or other taste--or odor producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies or jurisdictions for such discharge to the receiving waters. Page 9 Sec. 5. (g) (h) (i) (j) (k) -9- Any radioactive wastes or isotopes of such half-life concentration as may exceed limits established by the superintendent in compliance with applicable State and Federal regulations. Any waters or wastes having a PH in excess of 9.5. Materials which exert or cause: (1) Unusaual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate.) {2) Excessive discolorations (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD (above 300 mg/l}, chemical oxygen demand, or chlorine requirement in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume or flow or concentration of waste constituting “slugs" and defined herein. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. Waters or wastes containing suspended solids in excess of 300 mg/l. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgement of the superintendent, and/or the Alabama Department of Environmental Management, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may: (a) (b) (c) Reject the Wastes. Require pretreatment to an acceptable condition for discharge to the public sewers. Require control over the quantities and rates of discharge, and/or Page 10 ~10- (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this article. If the superintendent permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Board's engineer and the Alabama Department of Environmental Management and subject to the requirements of all applicable codes, ordinances, and laws. Sec. Sec. Sec. Sec. 6. 7. 8. 9. Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Tests as necessary to confirm the adequacy of retreatment, shall be at the owner's expense. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the property owner, at his expense and shall be maintained by him so as to be safe and accessible at all times. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of Standard 4 1 18 19 2 0 382 1930 1052 26 -1 5 1 18 19 2 1 382 1933 115 20 96.481239 Methods 5 1 18 19 2 2 517 1934 48 19 96.769684 for 5 1 18 19 2 3 583 1934 48 19 96.592712 the 5 1 18 19 2 4 650 1932 185 21 96.257416 Examination 5 1 18 19 2 5 851 1933 31 20 96.453697 of 5 1 18 19 2 6 900 1933 83 19 96.765778 Water 5 1 18 19 2 7 1002 1932 48 19 96.388885 and 5 1 18 19 2 8 1067 1932 197 22 96.433075 Wastewater, published by the American Public Health Association and shall be determined Page 11 Sec. 10. -1i- at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards of life, limb, and property. (The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composite of all outfalls whereas PH's are determined from periodic grab samples.) No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Board and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Board for treatment, subject to payment therefore, by the industrial concern. ARTICLE VI - SEWER EXTENSIONS Sec. 1. Any person: desiring to extend a public sanitary sewer (that is, any sanitary sewer other than a building sewer) shall submit to the Board for review by the Board's engineer, plans and specifications for the proposed extensions in two copies. Those plans and specifications shall have been prepared and sealed by an engineer registered as a Professional Engineer in the State of Alabama and shall conform to all requirements of the ADEM and the Water Works and Sewer Board of the City of Prichard with regard to materials, slopes, alignment, pipe diameters, manhole diameters, compaction and backfill of trenches, pavement replacement, and other construction details. The Board shall not issue a permit for extension of a public sanitary sewer until the Board's Engineer has examined the plans and specifications and certified to the Board by a stamp on the plans and specifications noting that the documents are released for construction. The Board's Engineer shall contact the engineer (whose seal appears on the plans and specifications) if any discrepancies and/or revisions or corrections are found necessary to the submitted plans and specifications. Copies of the Board's Standard Specifications Page 12 Sec. Sec. Sec. Sec. 2. 3. 4. 5. -12- for Sanitary Sewer may be obtained from the office of the Board's engineer, or at the office of the Board, at a current published price, or may be inspected at either office, at no charge. During construction of sewer extensions, the person desiring that construction shall, during construction of the sewer, furnish inspection by a qualified representative of the engineer whose seal appears on the plans and specifications prior to discharge of sewage to the sewer. The cost to the Board of the Board's engineer in providing the review of the plans and specifications shall be charged to the person desiring to construct that public sewer extension with the amount of the billing to be determined based on the Board's engineer's normal billing rate to the Board. The Board must accept flows from any community or area so designated in the approved facilities plan to be served by the system, given such flows will not overload system facilities or cause permit violations. All such sewerage and flows shall be in compliance with the Articles of this Ordinance. Such flows must be accepted, generally without regard to any condition other than user charges developed on an equitable cost basis and other standard fees and the terms of the intermunicipal agreements required by 40 CFR 35.2107. All pertinent and applicable OSHA requirements shall be met in relation to the construction or operation of the sewer facilities er system. ARTICLE VII- USER CHARGE SYSTEM Sec. 1. The Board shall devise and periodically adopt a User Charge System based on actual use of the sewer system by the customers of the Board's sewer system, which usercharge system shall reflect a proportional distribution of operation and maintenance costs and minor replacement costs to all customers, with that proportional distribution to be based on the proportionate share of the customer's sanitary flow contribution to the overall flow of the sewer system. Those flows shall be determined based on water records, unless the customer can demonstrate that his water usage is not returned to the sanitary sewer system. Minor loses, as represented by washing of vehicles, lawn watering and other use, shall not be considered as a decrease in the total water usage of a water customer. Page 13 Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. -13- The Board shall cause the Board's engineer to annually prepare an itemized Operation and Maintenance Budget based on actual and projected operating costs, including minor replacement costs. The Board shall require the Board's engineer to annually prepare and update a User Charge System, based on the proportional distribution of the O & M costs, plus minor replacement which shall produce enough revenue to cover those costs. In addition to the proportionate distribution of O & M costs plus minor replacement costs, based on flow, the User Charge System shall also include surcharges for strength waste in excess of strengths allowed by this Ordinance. The proposed Sewer User Charges as developed by the Board's engineer annually shall be published in a newspaper of local distribution at least thirty days prior to its consideration and/or adoption by the Prichard City Council of the City of Prichard. The Council shall receive comments from the public at least one regular meeting prior to adoption of the User Charge System. comments and discussion at that regular meeting shall be considered in any appropriate modifications to the User Charge System. Adoption shall be by the Council's Ordinance, majority vote required, and shall be in effect until amended by later Ordinance. Attached to, and made a part of this ordinance, is a format developed by the Board's engineer, in compliance with EPA regulations for the general form of the User Charge System, which will be the basis for future User Charge calculations by the Board's engineer. ARTICLE VIII - PROTECTION FROM DAMAGE Sec. 1. The superintendent and other duly authorized employees of the Board bearing proper credentials and identifications shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The superintendent, or his representatives, shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond the point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Page 14 Sec. Sec. 2. 3. +14- While performing the necessary work on private properties referred te in Article VII, Section 1 above, the superintendent or duly authorized employees of the Board shall observe all safety rules applicabale to the premises established by the company and the company shall be held harmless for injury or death to the Board's employees and the Board shall indemnify the company and growning out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Section 8. The superintendent and other duly authorized employees of the Board bearing proper credentials and identifications shall be permitted to enter all private properties through which the Board holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. ARTICLE rx - PENALTIES Sec. Sec. Sec. Sec. 1. 2. 3. 4. Any person found to be violating any provision of this ordinance except Artdcle VIII shall be served by the Board with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Nothing in this section shall preclude an initial, informal, verbal notice of the violation. Any person violating any of the provisions of this ordinance shall become liable to the Board for any expense, loss, or damage occasioned the Board by reason of such violation. Any person who shall continue any violation beyond the time limit provided for in Article IX, Section 1, shall, in the sole option of the superintendent, have his sewer service disconnected from the Board's sewer system and/or also at the sole option of the superintendent have his water service disconnected. The Board shall have the right to impose punitive action and penalties due to malicious damage caused *o sewage works or treatment works er any such facilities and all appurtenances. Such penalties and action shall be in accordance with such regulations adopted by the Prichard City Council and published, or, to the extent Page 15 -15- required to replace or repair such damage (to include all labor, materials, fines, expenses and incidentals plus penalty fees, and such action required to prevent malacious damage in the future.) ARTICLE X - VALIDITY Sec. 1. All ordinances or parts of ordinances in conflict herewith are hereby superseded by this ordinance, with respect to the conflict. Sec. 2. The invalidity of any section, clause, sentence, or provisions of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part of parts. ARTICLE XI - ORDINANCE IN FORCE Sec. 1. This ordinance shall be in full force and effect from and after its passage, approval, recording, the public welfare requiring it. Adopted this the 23rd day of June, 1988. APPROVED: MAYOR JOHN H. SMITH ATTEST: EVA C. GREENE, CITY CLERK-TREASURER CLERK'S CERTIFICATE: This Ordinance having been passed by the City Council on June 23, 1988, and not having been returned to me, as City Clerk, by the Mayor with his approval or veto within the ten days after its passage by the Council, in compliance with Title II, Section 45-4, Code of Alabama, 1940, recompiled in 1975, the same has been published as herein provided. 2 , EVA C. GREENE, CITY CLERK-TREASURER PLEASE PUBLISH PRESS: JULY 19, 1988