Chapter 86
UTILITIES*

------------

Cross references: Administration, ch. 2; buildings and building regulations, ch. 22; businesses, ch. 26; environment, ch. 42; floods, ch. 50; fastening notices to poles and trees, § 54-3; planning, ch. 62; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; street excavations, boring, trenching and utility installations, § 74-36 et seq.

State law references: Power of municipality to grant franchises or make contracts with public utilities, O.C.G.A. § 36-34-2(7); authority to acquire, construct, extend, operate, maintain and collect fees for water and sewerage systems, O.C.G.A. § 36-34-5; limitation on action expanding the power of regulation over any business activity regulated by the public service commission, O.C.G.A. § 36-35-6(a)(5); grants of state funds to municipal corporations for public purposes, O.C.G.A. § 36-40-20 et seq.; authority to provide stormwater, sewerage collection and disposal systems, Ga. Const. art. IX, § II, ¶ III(a)(6).

------------

Article I. In General

Sec. 86-1. Interference with property of public utilities.

Secs. 86-2? 86-30. Reserved.

Article II. Water

Sec. 86-31. Definitions.

Sec. 86-32. Application for water service.

Sec. 86-33. Service tap-in fees.

Sec. 86-34. Charges for initial water service; connections to system; capital cost recovery fees for annexed areas.

Sec. 86-35. Compliance with plumbing code.

Sec. 86-36. Tampering.

Sec. 86-37. Water rates.

Sec. 86-38. Service restrictions.

Sec. 86-39. Suspension of service.

Sec. 86-40. Meter reading; billing; collection.

Sec. 86-41. Access to premises; extensions of system.

Sec. 86-42. Consumer's responsibility and liability.

Sec. 86-43. Complaints; adjustments.

Sec. 86-44. Individual water supply systems.

Sec. 86-45. Furnishing service.

Sec. 86-46. Aid-to-construction fee for Rogers Street/Pine Barren Road and Godley Tract.

Sec. 86-47. Aid-to-construction fee for Bridgewater Subdivision.

Secs. 86-48? 86-65. Reserved.

Article III. Wellhead Protection

Sec. 86-66. Purpose.

Sec. 86-67. Definitions.

Sec. 86-68. Establishment of wellhead protection zone.

Sec. 86-69. Permitted uses.

Sec. 86-70. Prohibited uses.

Sec. 86-71. Administration.

Secs. 86-72? 86-80. Reserved.

Article IV. Cross Connection Controls

Sec. 86-81. Definitions.

Sec. 86-82. Compliance with state and federal laws.

Sec. 86-83. Prohibitions.

Sec. 86-84. Statement.

Sec. 86-85. Inspection; backflow preventer.

Sec. 86-86. Right to enter property.

Sec. 86-87. Compliance.

Sec. 86-88. Change of protective measures.

Sec. 86-89. Protection from contamination; labeling.

Sec. 86-90. Violation; penalty.

Secs. 86-91? 86-120. Reserved.

Article V. Sewers and Drains

Division 1. Generally

Sec. 86-121. Tap-in fee.

Sec. 86-122. Definitions.

Sec. 86-123. Deposit of objectionable waste in an unsanitary manner.

Sec. 86-124. Discharge of untreated polluted waters to natural outlet.

Sec. 86-125. Unapproved construction or maintenance of privy, etc.

Sec. 86-126. Toilet facilities; connection to sanitary sewer.

Sec. 86-127. User charge system.

Sec. 86-128. Sewer rates.

Sec. 86-129. Furnishing sewage service to residents.

Secs. 86-130? 86-150. Reserved.

Division 2. Private Sewage Disposal

Sec. 86-151. Where authorized.

Sec. 86-152. Permit to construct? Required; fee.

Sec. 86-153. Same? Effective on completion; inspection.

Sec. 86-154. Compliance with department of health recommendations; minimum subsurface soil absorption facilities; prohibited discharge to natural outlet.

Sec. 86-155. Abandoning and filling when public sewer available? Required.

Sec. 86-156. Same? Maximum time for public sewer connection; cleaning and filling.

Sec. 86-157. Manner of operation and maintenance.

Sec. 86-158. Additional requirements not precluded.

Secs. 86-159? 86-180. Reserved.

Division 3. Building Sewers and Connections

Sec. 86-181. Uncovering, connecting, etc., without permit.

Sec. 86-182. Classes of permits? Fees.

Sec. 86-183. Same? Residential.

Sec. 86-184. Same? Commercial.

Sec. 86-185. Same? Motels, hotels, hospitals and nursing homes.

Sec. 86-186. Same? Industrial sewer service.

Sec. 86-187. Responsibility for costs; indemnification.

Sec. 86-188. Separate building sewers.

Sec. 86-189. Use of old building sewer.

Sec. 86-190. Installation specifications generally.

Sec. 86-191. Elevation.

Sec. 86-192. Connection of downspouts, etc.

Sec. 86-193. Connection specifications.

Sec. 86-194. Inspection and supervision of connection.

Sec. 86-195. Protection at excavations; street restoration.

Sec. 86-196. Extensions of the water and sewage system.

Sec. 86-197. Aid-to-construction fee.

Secs. 86-198? 86-220. Reserved.

Division 4. Use of Public Sewers

Sec. 86-221. Discharge of unpolluted waters? To sanitary sewer.

Sec. 86-222. Same? To combined sewers, etc.

Sec. 86-223. Prohibited discharges to public sewers? Absolutely.

Sec. 86-224. Same? Conditionally.

Sec. 86-225. Same? Rejection; imposing requirements.

Sec. 86-226. Interceptors.

Sec. 86-227. Maintenance of preliminary treatment and flow-equalizing facilities.

Sec. 86-228. Control manholes, etc.

Sec. 86-229. Measurements; tests; analyses.

Sec. 86-230. Special agreements not precluded.

Secs. 86-231? 86-250. Reserved.

Division 5. Enforcement

Sec. 86-251. Right of entry? Granted to city personnel.

Sec. 86-252. Same? Observance of safety rules.

Sec. 86-253. Acts constituting disorderly conduct.

Sec. 86-254. Violation; penalty.

Sec. 86-255. Liability for damage.

ARTICLE I.
IN GENERAL

Sec. 86-1. Interference with property of public utilities.

(a) Unlawful. Any person who intentionally and without authority injures or destroys any meters, pipes, conduits, wire, posts, lamps or other apparatus belonging to a company engaged in the manufacture or sale of public services, light, power, water or communications, or such apparatus belonging to the city, or intentionally and without authority prevents a meter from duly registering the quantity of services supplied, or in any way interferes with the proper action or just registration, or without the consent of such company or city intentionally diverts any services of such company or city, or otherwise intentionally and without authority uses or causes to be used without the consent of such company or city any services manufactured or distributed by such company or city shall be punished as for a misdemeanor.

(b) Responsibility. Where there is no evidence to the contrary, the person receiving the benefit of services without proper charge as a result of tampering with a meter, or such diversion of services, shall be presumed to be responsible for such acts of tampering or diversion.

(c) Penalty. Any person violating any of the provisions of this section shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in section 1-12.

(Code 1976, § 19-1)

State law references: Damaging, injuring or interfering with utilities, O.C.G.A. § 16-7-25.

Secs. 86-2? 86-30. Reserved.

ARTICLE II.
WATER*

------------

State law references: Water resources, O.C.G.A. § 12-5-1 et seq.; waterwell standards, O.C.G.A. § 12-5-120 et seq.; authority to acquire, construct, extend, operate, maintain and collect fees for water and sewerage systems, O.C.G.A. § 36-34-5; adoption of ordinances, rules and regulations relating to payment for street improvements and construction of water, gas and sewer connections, payment of costs of connections, O.C.G.A. § 36-39-7; grants of state funds to municipal corporations for public purposes, O.C.G.A. § 36-40-20 et seq.; authority to provide for the development storage and distribution of water, Ga. Const. art. IX, § II, ¶ III(a)(7).

------------

Sec. 86-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Backfill means material, equipment and labor required to fill a trench properly, including compaction of soil.

Corporation stop means a valve placed in a water line lateral, providing a cut-off point for the city if a lateral requires repair, and provides for control of the water until the remaining piping is installed to the property.

Curb stop means the valve installed in a lateral line at the meter box which is normally the cut-off valve for service to the residence or building.

Meter means a device for measuring the flow of water.

Meter box means a preformed box made to set over a line and provide a place for the meter and curb stop.

Street repair means the compaction of the backfill and the repair of the pavement involved.

Tap means the cut or drill opening made in a water or sewer line to connect a lateral to a property.

Trenching means an excavation made for the purpose of locating or installing pipe.

(Code 1976, § 19-19)

Cross references: Definitions generally, § 1-2.

Sec. 86-32. Application for water service.

The consumer shall make application for water service, in person, at city hall and shall make a cash security deposit in an amount set forth in the schedule of fees and charges for water service. A water deposit will not be required when the user owns the building where service is being requested.

(Code 1976, § 19-20; Ord. of 3-7-1988; Ord. of 12-21-1998)

Sec. 86-33. Service tap-in fees.

The aldermanic board is authorized to require a tap-in fee. The amount of such tap-in fee shall be as set forth in the schedule of fees and charges and shall be paid by the resident, developer or other responsible party, prior to the furnishing of water service to the property. The amount of such tap-in fee shall be within the discretion of the aldermanic board, and the aldermanic board shall fix a definite amount, from time to time, by resolution.

(Code 1976, § 19-32)

Sec. 86-34. Charges for initial water service; connections to system; capital cost recovery fees for annexed areas.

(a) Each consumer (residential, commercial, institutional or industrial) subscribing to use the water service of the city shall pay a tapping or connection fee as established from time to time by the aldermanic board and set forth in the schedule of fees and charges. For the tapping fee, the city will tap the water main up to two inches in diameter, and provide and install the corporation stop and couplings. All other taps three inches in diameter and above shall be the responsibility of the permittee. The materials for the service line up to two inches in diameter, between the distribution main and water meter shall be provided by the city. The permittee shall provide all labor, equipment, materials, excavation, backfilling and street repairs for the installation of the service lines, meters and/or meter boxes. The city shall provide inspection of the installation and the permittee shall be responsible for all workmanship to install the service lines, meters and/or meter boxes.

(b) The permittee will provide a service line from the distribution line to the property line where the distribution line exists or is to be connected, and run immediately adjacent and parallel to the property to be served. Where no distribution line exists, extension of the main shall be provided by the permittee at the permittee's expense, all such extensions being subject to the requirements, inspection and approval of the city. The extended main shall become the property of the city. The materials and workmanship for the extension shall be guaranteed for one year from the date of final acceptance and any defects shall be repaired at no expense to the city. After the warranty period, the city shall provide maintenance for the main extension. For service lines that need to be bored under a roadway and/or roadbed, the bore can be contracted with the city up to three inches in diameter. All bores above four inches in diameter shall be the responsibility of the permittee. The permittee shall provide all labor, equipment, materials, excavation, backfilling and street repairs for the bore. Fees for the bore are as set forth in the schedule of fees and charges.

(c) The permittee shall purchase the meter from the city, provide all materials (piping, valves, couplings, meter box, bypass, etc.), equipment and labor to install the service line from the tap to the property line and install the meter and meter box. Plans and specifications for the service shall be submitted to the city for review. The permittee's contractor for the work shall be subject to inspection and approval by the city. The construction work shall conform to the city's requirements. Work and materials shall be guaranteed for one year from actual final acceptance and any and all defects shall be repaired at no expense to the city. After the warranty period, the city shall provide maintenance of the service line from the main to the meter.

(d) Nothing in this section shall commit the city to install mains, extend mains or provide backfilling and restoration when such installation extension is required.

(e) For initial connections to the city water system in those areas of the city annexed by the city after December 15, 1996, the city is authorized to charge each new user a capital cost recovery fee in an amount as set forth in the schedule of fees and charges for each new equivalent residential unit connected to the city water system. The number of equivalent residential units assigned to any consumer shall be determined by reference to the revenue ordinance of the City of Savannah, Georgia, as amended from time to time.

(Code 1976, § 19-21; Ord. of 10-18-1999, § I)

Sec. 86-35. Compliance with plumbing code.

All plumbing, including pipes, valves, fittings and interior fixtures, shall conform to the Standard Plumbing Code as adopted in section 22-36(a)(5) of this Code and meet the applicable minimum health and sanitation standards of the state and the city.

(Code 1976, § 19-22)

Sec. 86-36. Tampering.

It shall be unlawful for any person to tamper with or change any water meter, or to make any connection to the system or receive service without permission from the public works department, or to reconnect or receive service when it has been disconnected for nonpayment of a bill for service until such bill has been paid in full, including the connection fee.

(Code 1976, § 19-23)

Sec. 86-37. Water rates.

Water rates for the following usage categories shall be in an amount set forth in the schedule of fees and charges:

(1) Residential.

(2) Commercial.

(3) Hotels, motels, hospitals and nursing homes.

(4) Industrial.

(Code 1976, § 19-24; Ord. of 12-17-1990; Ord. of 12-16-1991; Ord. of 12-21-1992; Ord. of 12-20-1993; Ord. of 12-19-1994; Ord. of 12-18-1995; Ord. of 12-16-1996; Ord. of 12-21-1998; Ord. of 12-20-1999)

Sec. 86-38. Service restrictions.

(a) It shall be unlawful for any person to connect and/or obtain water from the water system of the city for any purpose without the approval of the city public works department.

(b) The minimum charge, as provided in the schedule of fees and charges, shall be made for subscribed connections. Water furnished for a given lot or construction site shall be used on that lot or site only, and, except for firefighting, the city shall not, under any conditions, furnish water free of charge to anyone.

(c) Except for firefighting, it shall be unlawful for any person to obtain water for a water tank or truck, or for any other purpose, from a fire hydrant, blowoff and/or any apparatus that will provide water from the city water system without first obtaining a permit and metering device from the city.

(d) The permit set forth in subsection (c) of this section shall be purchased from the city for a fee as set forth in the schedule of fees and charges. The permit shall be displayed for easy inspection.

(e) The metering device shall be obtained from the city. A security deposit for the cost of the meter shall be collected by the city public works department before the metering device shall be issued.

(f) The fees for water usage and the cost for damaged city property (i.e. metering devices, fire hydrants, blowoffs, roads, sidewalks, curbs, etc.) shall be paid and/or corrected before the security deposit is refunded.

(g) It shall be unlawful for any person to obtain water from a water lateral without an approved metering device, meter box and backflow preventer, at any time, during and/or after construction of a commercial, residential or industrial site.

(h) The metering device shall be obtained from the city for a scheduled fee. Any and all labor and/or material cost to install, maintain, repair or replace the water meter and/or meter box shall be the responsibility of the person who applied for and paid for all permit and building fees.

(i) Once a building permit is issued from the city, the water meter, meter box, backflow device and other required equipment, shall be installed prior to the first inspection by the building official and/or his designee.

(j) All water usage fees for construction shall be paid in full before a certificate of occupancy is issued.

(k) All necessary repairs or replacements to any water meter, meter box or lateral shall be completed at the expense of the contractor before the final inspection and before a certificate of occupancy is issued.

(l) The city reserves the right to disconnect at any time any apparatus tied into the water system of the city.

(m) Any person violating any of the provisions of this section shall be punished as provided in section 1-12.

(Code 1976, § 19-25; Ord. of 5-1-2000, § I)

Sec. 86-39. Suspension of service.

(a) When water service is discontinued and all bills paid, the security deposit shall be refunded to the consumer by the city.

(b) Upon discontinuance of service for nonpayment of bills, the security deposit will be applied by the city toward the settlement of the account. Any balance will be refunded to the consumer; however, if the security deposit is insufficient to cover the bill, the city may proceed to collect the balance in the usual way provided by law for collection of debts.

(c) The city reserves the right to discontinue its service without notice for the following additional reasons:

(1) To prevent fraud or abuse;

(2) Consumer's willful disregard of the city's rules;

(3) Emergency repairs;

(4) Insufficiency of water supply due to circumstances beyond the city's control;

(5) Legal processes;

(6) Direction of public authorities;

(7) Strike, riot, fire, flood or unavoidable accident.

(d) Service disconnected for nonpayment of bills will be restored only after bills are paid in full, including the service charge (reconnection fee) in an amount set forth in the schedule of fees and charges to be paid for each meter reconnected.

(Code 1976, § 19-25.1; Ord. of 12-20-1999, § II)

Sec. 86-40. Meter reading; billing; collection.

Bills to consumers for water and sewer service shall be mailed out on such day of each month as may be determined desirable by the city. Bills shall be paid at the city hall and a failure to receive bills or notices shall not prevent such bills from becoming delinquent, nor relieve the consumer from payment of such bills. The failure of water users to pay charges duly imposed shall result in the automatic imposition of the following penalties:

(1) Nonpayment within 15 days from the due date will be subject to a penalty of ten percent of the delinquent account.

(2) Nonpayment within 45 days from the due date will result in the water being shut off from the water user's property.

(3) Nonpayment for 60 days after the original due date will allow the city, in addition to all of the rights and remedies, to terminate agreement, and in such event, the water user shall not be entitled to receive, nor the city obligated to supply, any water under such agreement.

(Code 1976, § 19-26)

Sec. 86-41. Access to premises; extensions of system.

(a) Duly authorized agents of the city shall have access at all hours to the premises of the consumer for the purpose of installing or removing city property, inspecting piping, reading and testing meters or for any other purpose with regard to connection with the water service and its facilities.

(b) Extensions to the water system shall be made only when the consumer shall grant or convey, or shall cause to be granted or conveyed, to the city, a permanent easement of right-of-way across any property by the water lines.

(Code 1976, § 19-27)

Sec. 86-42. Consumer's responsibility and liability.

(a) Water furnished by the city shall be used for consumption by the consumer, members of his household and employees only. The consumer shall not sell water to any other person or permit any other person to use such water. Water shall not be used for irrigation, fire protection or other purposes, except when water is available in sufficient quantity without interfering with the regular domestic consumption in the area served. Disregard for the provision of this subsection shall be sufficient cause for refusal and/or discontinuance of service.

(b) Conditions of service are as follows:

(1) Where a meter or meter box is placed on the premises of the consumer, a suitable place shall be provided by the consumer thereof, unobstructed and accessible at all times to the meter reader.

(2) The consumer shall furnish and maintain a private cut-off valve in the consumer side of the meter.

(3) The consumer's piping and apparatus shall be installed and maintained by the consumer at the consumer's expense, in a safe and efficient manner, and in accordance with the sanitary regulations of the state health department.

(4) In order to be received as a consumer and entitled to receive water from the city's water system, all applicants must offer proof that any private wells located on their property are not physically connected to the lines of the city's water system and all applicants, by becoming consumers of the city covenant, and agree that so long as they continue to be consumers of the city, they will not permit the connection of any private wells on their property to the city's water system.

(5) The city may install its meter at or near the property line or, at the city's option, on the consumer's property within three feet of the property line.

(6) The city reserves the right to refuse service unless the consumer's lines or piping are installed in such a manner as to prevent cross connections or backflow.

(c) Not less than three days' notice must be given, in person or in writing, at the city hall, to discontinue water service or to change occupancy. The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longer. The new occupant shall apply for water service within 48 hours after occupying the premises and failure to do so will make him liable for paying for the water consumed since the last meter reading.

(d) Under normal conditions, the consumer will be notified of any anticipated interruptions of service by the city.

(Code 1976, § 19-28)

Sec. 86-43. Complaints; adjustments.

If the consumer believes his bill to be in error, he shall present his claim, in person, at the city hall before the bill becomes delinquent. Such claim, if made after the bill is delinquent, shall not be effective in preventing discontinuance of service as provided in this article. The consumer may pay such bill under protest and such payment shall not prejudice his claim.

(1) The city will make a special water meter reading at the request of the consumer for a fee as set forth in the schedule of fees and charges; provided, however, that if such special reading discloses that the meter was over-read, no charge will be made.

(2) Water meters will be tested at the request of the consumer upon payment to the city of the actual cost of making the test; provided, however, that if the meter is found to over-register beyond three percent of the correct volume, no charge will be made.

(3) If the seal of the meter is broken by other than the city's representative, or if the meter fails to register correctly or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bill and/or from other proper data.

(Code 1976, § 19-29)

Sec. 86-44. Individual water supply systems.

(a) Generally; permit application; inspection.

(1) No person may construct an individual water supply system without having first applied for and obtained from the building official, a construction permit for such system. Application for such permit shall be made in writing on the form provided by the public works department and shall include the:

a. Name and address of the applicant and owner of the property if different from the applicant;

b. Legal or other description adequate to locate the property and well;

c. Name and address of the licensed water well contractor;

d. Estimated depth, in feet, and method of construction;

e. Purpose for which the well will be used and the desired yield;

f. Proposed diameter of the well, in inches;

g. Type of well casing proposed;

h. Approximate distance and relative elevation to the well of any potential sources of groundwater pollution.

(2) No person may place into use an individual water supply for human consumption until final inspection has been made by the county health department.

(b) Location of well; pollution; property line; flooding.

(1) One hundred feet is the minimum acceptable distance between wells and sources of pollution located on either the same or adjoining lots. Where, in the opinion of the county health department, adverse conditions exist, this distance may be increased or special means of protection shall be provided;

(2) A minimum of 50 feet shall separate a well from a septic tank;

(3) A minimum of ten feet shall separate a well from sewer lines with permanent water tight joints;

(4) A distance of 100 feet shall separate a well from a chemically poisoned soil;

(5) Wells for potable water and human consumption shall be located at least ten feet from the property line and when located near a building, they shall be far enough from the building to be accessible for repairs and maintenance;

(6) A well shall not be located in areas subject to flooding.

(c) Capacity of wells; pump; pressure tank.

(1) The capacity of a well, as demonstrated by test pumping or yield testing, shall be adequate to supply the daily and peak load requirements of the single-family dwelling needs. This should not be less than a sustained flow of five gallons per minute, and where this is not possible, the water supply system design shall be altered in such a manner as to increase the storage tank capacity or other appropriate measures;

(2) Pump capacity shall not exceed the capacity of the well and shall be capable of maintaining a minimum pressure of not less than 20 pounds per square inch (p.s.i.). The pressure tank shall not be less than 42 gallons' capacity.

(d) Well construction.

(1) The well shall be graded to facilitate rapid drainage of surface water to a distance of not less than 50 feet from the well, in all directions, unless prevented by site condition in which case a diversion ditch or trench shall be constructed to effectively exclude surface water from the well site. Pump platform, pump room floors, well slabs and well covers shall be located not less than two feet above the highest known high water level;

(2) A minimum of 50 feet shall separate a well from a septic tank;

(3) A minimum of ten feet shall separate a well from sewer lines with permanent water tight joints;

(4) A distance of 100 feet shall separate a well from a chemically poisoned soil;

(5) Wells for potable water and human consumption shall be located at least ten feet from the property line and when located near a building, they shall be far enough from the building to be accessible for repairs and maintenance;

(6) A well shall not be located in areas subject to flooding.

(e) Disinfection and sampling wells. All newly constructed wells shall be disinfected to neutralize contamination introduced through equipment, materials or surface drainage during construction procedures. If water samples show bacterial contamination and continue to do so after all redemptive measures are carried out, provisions shall be made for continuous treatment of the water by chlorination or for abandonment of the well.

(f) Repairs. At the time the well seal is broken, opened for repairs, inspection or maintenance, the well shall be disinfected.

(g) Violation; penalty. Any person violating any provision of this section shall, upon conviction of such violation, be punished as provided in section 1-12.

(Code 1976, § 19-30)

Sec. 86-45. Furnishing service.

The aldermanic board, by and through its agents and departments, is authorized, but not required, to furnish water service to each and every resident of the city. Each and every resident of the city is authorized and required to accept and pay for such service as provided in this article, in the event it is provided by the city.

(Code 1976, § 19-31)

Sec. 86-46. Aid-to-construction fee for Rogers Street/Pine Barren Road and Godley Tract.

(a) In order to connect to the city's water and/or wastewater utility system to be constructed to serve the Rogers Street/Pine Barren Road area of the city and the Godley Tract recently annexed into the city, all new customers located within such areas shall pay an aid-to-construction fee, in addition to any tap fee or other fees required, prior to connecting to the city's water system or wastewater system.

(b) The aid-to-construction fees for the Godley Tract and the Rogers Street/Pine Barren Road area shall be in an amount per gallon of expected water consumption per day as set forth in the schedule of fees and charges.

(c) The aid-to-construction fee shall be calculated according to the average daily consumption of each type of establishment. The standards in the table in this section shall be used in determination of water consumption. If the table in this section does not provide information for a particular application, the estimated water consumption shall be as calculated by the city manager or the city's consulting engineer.

(Ord. of 1-19-1998, § I; Ord. of 5-3-1999, § I)

State law references: Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1.

Sec. 86-47. Aid-to-construction fee for Bridgewater Subdivision.

(a) In order to connect to the city's water and/or wastewater utility system constructed to serve the Bridgewater Subdivision and adjacent areas, all customers, except those customers within Bridgewater Subdivision, shall pay an aid-to-construction fee, in addition to any tap or other fees required, prior to connecting to the city's water system and/or wastewater system.

(b) The aid-to-construction fee shall be set by the aldermanic board at $325.00 per equivalent residential unit (300 gallons per day) of expected water consumption per day for those customers that connect to the sewer system and/or $200.00 per equivalent residential unit for those customers that connect to the water systems.

(c) The aid-to-construction fee shall be calculated according to the average daily consumption of each type of establishment. The standards in the table below shall be used in determination of water consumption. If the table below does not provide information for a particular application, the estimated water consumption shall be as calculated by the city manager or the city's consulting engineer.

(Ord. of 12-4-2000, § I)

Secs. 86-48? 86-65. Reserved.

ARTICLE III.
WELLHEAD PROTECTION*

------------

State law references: Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq.; water resources, O.C.G.A. § 12-5-1 et seq.; waterwell standards, O.C.G.A. § 12-5-120 et seq.

------------

Sec. 86-66. Purpose.

The purpose of this article is to ensure the provision of a safe and sanitary drinking water supply for the city by the establishment of wellhead protection zones surrounding the wellheads for all wells which are the supply sources for the city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.

(Ord. of 8-7-2000(1), § 19-128)

Sec. 86-67. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hazardous waste or material means any waste or material which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2) Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.

Sanitary landfill means a disposal site where solid wastes, including putrescent wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

Wellhead means the upper terminal of a well, including adapters, ports, seals, valves, and other attachment.

(Ord. of 8-7-2000(1), § 19-129)

Sec. 86-68. Establishment of wellhead protection zone.

There is hereby established a use district to be known as a wellhead protection zone, identified and described as all the area within a circle, the center of which is the center of any city water supply wellhead and the radius of which is 100 feet.

(Ord. of 8-7-2000(1), § 19-130)

Sec. 86-69. Permitted uses.

The following uses shall be permitted within wellhead protection zones:

(1) Any use permitted within existing agricultural or single-family residential districts, except that the minimum residential lot size for a lot, any portion of which lies within the wellhead protection zone, shall not be less than one acre; and

(2) Any other open land use where any building located on the property is incidental and accessory to the primary open land use.

(Ord. of 8-7-2000(1), § 19-131)

Sec. 86-70. Prohibited uses.

The following uses or conditions shall be and are hereby prohibited within wellhead protection zone whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under section 86-69:

(1) Surface use or storage of hazardous material, expressly including commercial use of agricultural pesticides.

(2) Septic tanks or drain fields appurtenant thereto.

(3) Impervious surfaces other than roofs of buildings, and streets, driveways, and walks serving buildings permitted under section 86-69.

(4) Sanitary landfills.

(5) Hazardous waste disposal sites.

(6) Stormwater infiltration basins.

(7) Underground storage tanks.

(8) Sanitary sewer lines within 150 feet of a wellhead.

(Ord. of 8-7-2000(1), § 19-132)

Sec. 86-71. Administration.

The policies and procedures for administration of any wellhead protection zone established under this article, including, without limitation, those applicable to nonconforming uses, exceptions, enforcement, and penalties, shall be the same as provided in the existing zoning ordinance for the city, as the same is presently enacted or may, from time to time, be amended.

(Ord. of 8-7-2000(1), § 19-133)

Secs. 86-72? 86-80. Reserved.

ARTICLE IV.
CROSS CONNECTION CONTROLS*

------------

State law references: Waterwell standards, O.C.G.A. § 12-5-120 et seq.

------------

Sec. 86-81. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Auxiliary intake means any piping connection or other device where water may be secured from a source other than that normally used.

Bypass means any system of piping or other arrangement where the water may be diverted around any part or portion of a water purification plant.

Cross connection means any physical connection where the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building, in such manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of ineffective check or backpressure valves, or because of any other arrangement.

Interconnection means any system of piping or other arrangement where the public water supply is connected directly with a sewer, drain, conduit, pool, storage reservoir or other device which does or may contain sewage or other waste or liquid which would be capable of imparting contamination to the public water supply.

Public water supply means the waterworks system furnishing water to the city for general use, and which supply is recognized as the public water supply by the state department of natural resources/environmental protection division.

(Ord. of 9-15-1997, § I)

Cross references: Definitions generally, § 1-2.

Sec. 86-82. Compliance with state and federal laws.

The city's public water supply is to comply with Chapter 391-3-5-13 of the Georgia Rules for Safe Drinking Water and the Federal Safe Drinking Water Act, PL 93-523, legally adopted in accordance with this Code, which pertain to cross connections, and establish an effective, ongoing program to control these undesirable water uses.

(Ord. of 9-15-1997, § II)

Sec. 86-83. Prohibitions.

It shall be unlawful for any person to cause a cross connection, auxiliary intake, bypass or interconnection to be made, or allow one to exist for any purpose.

(Ord. of 9-15-1997, § III)

Sec. 86-84. Statement.

Any person whose premises are supplied with water from the public water supply, and who also has on the same premises a separate source of water supply, or stores water in an uncovered or unsanitary storage reservoir from which the water stored therein is circulated through a piping system, shall file with the public works superintendent of the city a statement of the existence of unapproved or unauthorized cross connections, auxiliary intakes, bypasses or interconnections. Such statement shall also contain an agreement that no cross connection will be permitted upon the premises.

(Ord. of 9-15-1997, § IV)

Sec. 86-85. Inspection; backflow preventer.

It shall be the duty of the city public works department to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the public works superintendent of the city. The public works superintendent or his designated representative shall require the use of an approved protective device on the service line serving the premises to assure that any contamination that may originate in the customer's premises is contained therein. The protective device shall be a reduced pressure zone type backflow preventer approved by the public works superintendent as to manufacture, model and size. The method of installation of backflow protective devices shall be approved by the public works superintendent of the city prior to installation and shall comply with the criteria set forth by the public works superintendent. The installation shall be at the expense of the owner or occupant of the premises. The public works department shall have the right to inspect and test the device on an annual basis or whenever deemed necessary by the public works superintendent or his designated representative. Water service shall not be disrupted to test the device without the knowledge of the occupant of the premises. Where the use of water is critical to the continuance of normal operations or protection of life, property or equipment, duplicated units shall be provided to avoid the necessity of discontinuing water service to test or repair the protective device. Where only one unit is installed and the continuance of service is critical, the water and sewer superintendent shall notify, in writing, the occupant of the premises of plans to discontinue water service and arrange for a mutually acceptable time to test and/or repair the device. The water system shall require the occupant of the premises to make all repairs promptly, and the expense of such repairs shall be borne by the owner or occupant of the premises. These repairs shall be made by qualified personnel, acceptable to the water and sewer superintendent of the city.

(Ord. of 9-15-1997, § V)

Sec. 86-86. Right to enter property.

The public works superintendent shall have the right to enter at any reasonable time, any property served by a connection to the city public water supply for the purpose of inspecting the piping system thereof for cross connections, auxiliary intakes, bypasses or interconnections. On request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of a cross connection.

(Ord. of 9-15-1997, § VI)

Sec. 86-87. Compliance.

Any person who now has cross connections, auxiliary intakes, bypasses or interconnections in violation of the provisions of this article shall be allowed a reasonable time within which to comply with the provisions of this article. After a thorough investigation of existing conditions and an appraisal of the time required to complete the work, the amount of time shall be designated by the public works superintendent of the city.

(Ord. of 9-15-1997, § VII)

Sec. 86-88. Change of protective measures.

There is a likelihood that protective measures may be subverted, altered or disconnected where the nature of use of the water supplied to a premises by the public works department is such that it is deemed:

(1) Impractical to provide an effective air gap separation.

(2) That the owner and/or occupant of the premises cannot or is not willing to demonstrate to the official in charge of the system or his designated representative that the water use and protective features of the plumbing are such as to pose no threat to the safety or potability of the water supply.

(3) That the nature and mode of operation within a premises are such that frequent alterations are made to the plumbing.

(Ord. of 9-15-1997, § VIII)

Sec. 86-89. Protection from contamination; labeling.

The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:

WATER UNSAFE FOR DRINKING

A minimum acceptable sign shall have black letters one inch high located on a red background.

(Ord. of 9-15-1997, § IX)

Sec. 86-90. Violation; penalty.

Any person who neglects or refuses to comply with any of the provisions of this article shall be deemed in violation of this article and, upon conviction thereof, shall be punished as provided in section 1-12. In addition to the fines and penalties set forth in this section, the public works superintendent of the city shall discontinue the public water supply service at any premises found not to be in compliance with this article and the water supply shall not be restored until such cross connection, auxiliary intake, bypass or interconnection has been discontinued.

(Ord. of 9-15-1997, § X)

Secs. 86-91? 86-120. Reserved.

ARTICLE V.
SEWERS AND DRAINS*

------------

State law references: Dumping certain wastes in storm or sanitary sewers prohibited, O.C.G.A. § 12-8-2; power of municipality to grant franchises or make contracts with public utilities, O.C.G.A. § 36-34-2(7); authority to acquire, construct, extend, operate, maintain and collect fees for water and sewerage systems, O.C.G.A. § 36-34-5; limitation on action expanding the power of regulation over any business activity regulated by the public service commission, O.C.G.A. § 36-35-6(a)(5); adoption of ordinances, rules and regulations relating to payment for street improvements and construction of water, gas and sewer connections, payment of costs of connections, O.C.G.A. § 36-39-7; grants of state funds to municipal corporations for public purposes, O.C.G.A. § 36-40-20 et seq.; authority to provide stormwater, sewerage collection and disposal systems, Ga. Const. art. IX, § II, ¶ III(a)(6).

------------

DIVISION 1.
GENERALLY

Sec. 86-121. Tap-in fee.

The aldermanic board is authorized to charge and collect a tap-in fee in an amount as set forth in the schedule of fees and charges for the furnishing of sewage service to any property. Such tap-in fee shall be paid prior to the furnishing of such service and shall be in a definite amount as shall be fixed by the aldermanic board, as they shall direct by resolution.

(Code 1976, § 19-48)

Sec. 86-122. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius expressed in milligrams per liter.

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal.

Combined sewer means a sewer receiving both surface runoff and sewage.

Domestic strength sewage means sewage which has a BOD concentration no greater than 250 mg/l and a suspended solids concentration no greater than 250 mg/l and no unusual levels of other pollutants.

Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial waste means the liquid waste from industrial manufacturing processes, trades or businesses as distinct from sanitary sewage.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly shredded garbage means 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 sewer means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary sewer means a sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.

Sewage means a combination of the 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 means any arrangement of devices and structures used for treating sewage.

Sewage works means all facilities for collecting, pumping, treating and disposing of sewage.

Sewer means a pipe or conduit for carrying sewage.

Slug means 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 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

Storm drain (sometimes termed "storm sewer") means a sewer which carries stormwaters, surface waters and draining, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Superintendent means the superintendent of waterworks of the city, or his authorized deputy, agent or representative.

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

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.

(Code 1976, § 19-40)

Cross references: Definitions generally, § 1-2.

Sec. 86-123. Deposit of objectionable waste in an unsanitary manner.

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

(Code 1976, § 19-41)

Sec. 86-124. Discharge of untreated polluted waters to natural outlet.

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

(Code 1976, § 19-42)

Sec. 86-125. Unapproved construction or maintenance of privy, etc.

Except as provided in this article, 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.

(Code 1976, § 19-43)

Sec. 86-126. Toilet facilities; connection to sanitary sewer.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is 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 article, within 90 days after the date of official notice to do so, provided that the public sewer is within 100 feet of the property line.

(Code 1976, § 19-44)

Sec. 86-127. User charge system.

(a) Generally.

(1) Established. All persons discharging wastewater into the city public sewer shall be charged a sewer service charge which shall recover the operation and maintenance (O&M) costs of the wastewater treatment facilities and sewer system, the local share of the capital costs of the treatment facility and the costs of other capital improvements of the sewage facilities.

(2) Basis of user charges. The required annual revenue from sewer charges shall include the following:

a. Billing costs.

b. Operation and maintenance costs.

c. Debt service.

1. The sewer user charge for residential users shall be based on water used in each billing month.

2. Industrial users shall be charged on the basis of water used monthly or sewage metered monthly throughout the year. For high strength wastes, a surcharge will be applied as established in subsection (a)(2)c.1.ii. of this section:

i. Billing charge. A billing charge divided equally among the billing periods will be assessed.

ii. Operation and maintenance. The required annual revenue for operation and maintenance will be obtained from user charges and industrial surcharges. Anticipated income from industrial surcharges will be deducted from the required operation and maintenance revenue and the remainder of the required revenue will be collected from users at the calculated operation and maintenance user charge rate as follows:

User charge rate for operation and maintenance = OM -- S/Q

There is no minimum charge for the operation and maintenance user charge.

iii. Debt service. The required annual revenue for debt service will be obtained from service charges as set in a rate ordinance.

(b) Industrial wastewater surcharges.

(1) Established. All industrial contributors whose wastewater discharges exceed 200 mg/l BOD and/or 200 mg/l suspended solids shall be assessed a surcharge in addition to the user charge. The charge shall be based on the proportionally higher BOD and suspended solids concentration the industry contributes to the wastewater treatment facility in excess of 200 mg/l BOD and total suspended solids (TSS).

(2) Basis of surcharge. The annual operation and maintenance costs for each year will be allocated as follows:

The expected average daily load at the plant for the subsequent year will be determined based on previous experience.

(3) Rate of surcharge. The surcharge rate is determined as follows:

(4) Surcharge calculation. The surcharge shall be calculated as follows:

Surcharge = Q × 8.33 [(BODi - 200) × BODR + (TSSi - 200) × TSSR]

(5) Surcharge rate amendment. The surcharge rate will be analyzed annually at the same time as user charges are being reviewed and if adjustment of the rates is justified, new rates will be set by aldermanic board action.

(6) Monitoring. Monitoring of industrial wastewater will be performed by the city at the control manhole, as required by this Code. Monitoring will primarily include measurement of flow and analysis of a composite sample for five-day BOD, and for total suspended solids of industrial discharges with concentrations of nonsanitary/domestic flows.

a. When discharge of unusual concentrations of other pollutants, such as phosphorus and nitrogen compounds, or toxic pollutants is possible, the city will periodically have additional analyses performed to determine the concentrations of those pollutants which it is possible for the industry to discharge.

b. Flow will be metered either as the water used by the industry or the wastewater discharged by the industry. Wastewater discharge will be metered only when the industry has provided an effluent flow meter including recorder and totalizer.

c. The frequency of analysis for biochemical oxygen demand and total suspended solids will be based on daily discharge and will be as follows:

1. Adoption. A rate ordinance based on the user charge system as set forth in this section shall be adopted to recover costs for administration, operation and maintenance, debt service and miscellaneous expenses of the sewage system.

2. Amendments. The rate ordinance shall be reviewed annually and amended, as necessary, to generate adequate revenue to offset all expenses of the sewage system.

3. Notification. All users shall be notified at least annually of the rates in effect for sewer service, including a breakdown of the portion of the rate which is attributable to operation and maintenance costs. Such notice shall be transmitted to the user with a monthly bill.

(Code 1976, § 19-45)

Sec. 86-128. Sewer rates.

Sewer rates for the following usage categories shall be in an amount set forth in the schedule of fees and charges:

(1) Residential.

(2) Commercial.

(3) Hotels, motels, hospitals and nursing homes.

(4) Industrial.

(5) Municipal.

(Code 1976, § 19-46; Ord. of 12-17-1990; Ord. of 12-16-1991; Ord. of 12-21-1992; Ord. of 12-20-1993; Ord. of 12-19-1994; Ord. of 12-18-1995; Ord. of 12-16-1996; Ord. of 12-21-1998; Ord. of 12-20-1999)

Sec. 86-129. Furnishing sewage service to residents.

The aldermanic board, by and through its agents and departments, may provide for the furnishing of a sewage system service to each and every resident of the city, and each and every resident of the city shall be required to accept such service and pay for such service, provided it is furnished by the city, as is otherwise provided in this Code.

(Code 1976, § 19-47)

Secs. 86-130? 86-150. Reserved.

DIVISION 2.
PRIVATE SEWAGE DISPOSAL

Sec. 86-151. Where authorized.

Where a public sanitary or combined sewer is not available under the provisions of section 86-126, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.

(Code 1976, § 19-50)

Sec. 86-152. Permit to construct? Required; fee.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the city clerk. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the city clerk. A permit and inspection fee as set forth in the schedule of fees and charges shall be paid to the city at the time the application is filed.

(Code 1976, § 19-51)

Sec. 86-153. Same? Effective on completion; inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city clerk. The city clerk shall be allowed to inspect the work at any stage of construction, and the applicant for the permit shall notify the city clerk when the work is ready for final inspection, and before any underground portions of such system are covered. The inspection shall be made within 72 hours of the receipt of notice by the city clerk.

(Code 1976, § 19-52)

Sec. 86-154. Compliance with department of health recommendations; minimum subsurface soil absorption facilities; prohibited discharge to natural outlet.

The type, capacity, location and layout of a private sewage disposal system shall comply with all recommendations of the department of public health of the state. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Code 1976, § 19-53)

Sec. 86-155. Abandoning and filling when public sewer available? Required.

At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in section 86-154, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(Code 1976, § 19-54)

Sec. 86-156. Same? Maximum time for public sewer connection; cleaning and filling.

When a public sewer becomes available, the building sewer shall be connected to such sewer within 60 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank run gravel or dirt.

(Code 1976, § 19-55)

Sec. 86-157. Manner of operation and maintenance.

The owner shall operate and maintain the private sewage disposal facility in a sanitary manner at all times, at no expense to the city.

(Code 1976, § 19-56)

Sec. 86-158. Additional requirements not precluded.

No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the state and county health officers.

(Code 1976, § 19-57)

Secs. 86-159? 86-180. Reserved.

DIVISION 3.
BUILDING SEWERS AND CONNECTIONS

Sec. 86-181. Uncovering, connecting, etc., without permit.

No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city clerk.

(Code 1976, § 19-60)

Sec. 86-182. Classes of permits? Fees.

(a) Classes. There shall be four classes of building sewer permits:

(1) Residential.

(2) Commercial services.

(3) Motels, hotels, hospitals and nursing homes.

(4) Service to establishments producing industrial wastes.

In all cases, the owner or his agent shall make application on a special form furnished by the public works superintendent. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the public works superintendent.

(b) Tap fees. Sewer tap fees shall be as set forth in the schedule of fees and charges.

Note. Industries or others having sewage with industrial wastewater characteristics, i.e., high BOD, high suspended solids or other pollutants in quantities not normally found in domestic sewage, shall have a permit, inspection and tap-in fee negotiated with the city, based on the discharger's waste load in comparison with the design capacity of the facility.

(c) Capital cost recovery fee. For initial connections to the city sewer system in those areas of the city annexed by the city after December 15, 1996, the city is authorized to charge each new user a capital cost recovery fee in an amount as set forth in the schedule of fees and charges for each new equivalent residential unit connected to the city sewer system.

(Code 1976, § 19-61; Ord. of 12-17-1990; Ord. of 1-1-1998; Ord. of 7-6-1998, § II)

Sec. 86-183. Same? Residential.

There shall be paid to the city prior to connection to the municipal sewage system, a permit, inspection and sewer tap base fee as established by the aldermanic board, per dwelling unit, as set forth in the schedule of fees and charges. This permit, inspection and sewer tap fee shall be paid for the privilege of using the municipal sewage system. Should a building, dwelling or other structure used for residential purposes contain more than one dwelling unit, then the permit, inspection and tap-in fee shall be computed by multiplying the total number of individual dwelling units within such building, dwelling or other structure by the base permit inspection tap fee. The product of this multiplication shall be the total charge for the permit, inspection and sewer tap fee for the connection of the building, dwelling or other structure to the municipal sewage system. Each individual dwelling unit shall have an individual and separate sewer service line connected directly to the city municipal sewage system. Every dwelling unit so desiring connection to the municipal sewage system shall extend its individual sewer service line to the end of the property line upon which the dwelling is situated. The service line shall extend from the dwelling at a perpendicular angle to the dwelling and extend in a straight line directly as practicable to the municipal sewer system. The sewer service line shall connect to the municipal sewer system. The permittee shall provide all equipment, labor and materials to excavate, tap the sewer, install the pipe and properly backfill, including street repair.

(Code 1976, § 19-61.1)

Sec. 86-184. Same? Commercial.

Commercial permit, inspection and tap fees shall be a base fee plus an established amount per 1,000 gallons of anticipated monthly water use over 8,000 gallons per month. The permittee shall provide the equipment, labor and materials to excavate, tap the sewer, bed and install the pipe and properly backfill the excavation, including adequate compaction.

(Code 1976, § 19-61.2)

Sec. 86-185. Same? Motels, hotels, hospitals and nursing homes.

(a) Permit, inspection and sewer tap fees for hotels, motels, hospitals and nursing homes shall be a base fee plus a fee per room as established by the aldermanic board. The contractor shall provide the equipment, labor and materials to excavate, tap the sewer, bed and install the pipe and properly backfill the excavation, including adequate compaction. The city will provide repair of the street in the tap area.

(b) In the case of motels, hotels, hospitals and nursing homes, each individual unit need not have an individual and separate sewer service line, but may connect to an approved master sewer service line. Every motel, hotel, hospital and nursing home shall extend the master sewer service line to the property line upon which the motel, hotel, hospital or nursing home is situated. The master line shall extend from the facility at a perpendicular angle to the structure and extend in a straight line directly as practicable to the municipal sewer system. The master sewer service line shall connect to the municipal sewer system in a perpendicular angle to the municipal sewer system.

(Code 1976, § 19-61.3)

Sec. 86-186. Same? Industrial sewer service.

(a) Industries discharging domestic strength sewage shall have a permit, inspection and tap fee (base fee) plus a fee per 1,000 gallons of anticipated monthly water use over 8,000 gallons per month. The contractor shall provide all equipment, labor and materials to excavate, tap the sewer, bed and install the pipe and properly backfill the excavation, including adequate compaction and street repair.

(b) Industries having sewage with industrial wastewater characteristics (i.e., high BOD, high suspended solids or other pollutants in quantities not normally found in domestic sewage) shall have a permit, inspection and tap fee negotiated with the city, based on the discharger's waste load in comparison with the design capacity of the facilities. Pretreatment of the industrial wastes may be required if certain pollutants are not considered amenable to treatment in the treatment facility.

(c) All industrial users shall comply with the federal pretreatment requirements of 4 CFR 403.

(Code 1976, § 19-61.4)

Sec. 86-187. Responsibility for costs; indemnification.

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

(Code 1976, § 19-62)

Sec. 86-188. Separate building sewers.

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.

(Code 1976, § 19-63)

Sec. 86-189. Use of old building sewer.

Old building sewers may be used in connection with a new building only when they are found, on examination and test by the public works superintendent, to meet all requirements of this article.

(Code 1976, § 19-64)

Sec. 86-190. Installation specifications generally.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification 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.

(Code 1976, § 19-65)

Sec. 86-191. Elevation.

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.

(Code 1976, § 19-66)

Sec. 86-192. Connection of downspouts, etc.

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.

(Code 1976, § 19-67)

Sec. 86-193. Connection specifications.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city or in amplification thereof the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city clerk before installation.

(Code 1976, § 19-68)

Sec. 86-194. Inspection and supervision of connection.

The applicant for the building sewer permit shall notify the public works superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works superintendent.

(Code 1976, § 19-69)

Sec. 86-195. Protection at excavations; street restoration.

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 satisfactory to the city.

(Code 1976, § 19-70)

Sec. 86-196. Extensions of the water and sewage system.

(a) Approved by city engineer. There shall be no extension of the water and sewage system of the city to a development or subdivision of land until such time as the plans for such extension have been submitted and approved by the city engineer. The city engineer may require the submission of such plans, specifications and other information considered pertinent in his judgment in order to reach a decision that is in the best interest of the citizens of the city.

(b) Approval criteria. In determining whether the plan of extension of the water and sewage system should be approved, the city engineer shall consider, but not be limited to, the following factors:

(1) The cost to the city for the extension of the sewage system;

(2) The benefits which the city would derive by the extension of the sewage system;

(3) An examination of the adequacy of the design plans for the extension of the water and sewage system and possible adverse impact upon the city's present water and sewage system.

(c) Approval or nonapproval; time limit. Any plans submitted to the city engineer for the extension of the water and sewage system shall receive approval or nonapproval within six months of submission of the plan.

(d) Costs to be borne by party desiring extension. All costs for the submission of the extension plan, its approval and cost of final inspection by the city engineer shall be paid by the party desiring the extension of the city's water and sewage system.

(e) Connections to properties not adjacent to line. The city may make connections to serve other properties not adjacent to its line upon payment of a reasonable cost for the extension of its distribution and collection lines as may be required to render such services.

The city shall not extend water mains or sewer lines at the expense of the general public, but such mains and lines shall be extended at the expense of the developer or property owner requesting an extension. Any extension of either water or sewage mains shall be sized and installed in accordance with the requirements and specifications then in use by the public works department as may be amended by resolution of the city.

(f) Payment-in-aid-of-construction. The aldermanic board is authorized to provide for the extension of any water and sewer line to be at the expense of the resident, owner or other party receiving benefit of the service extension. This payment shall be defined as a "payment-in-aid-of-construction." Such payment-in-aid-of-construction shall be paid to the city prior to the extension or prior to the furnishing of such water or sewer services to such resident, developer, owner or other party receiving benefit of the extension of service. The amount of such payment-in-aid-of-construction shall be fixed in a schedule on each extension of service by the aldermanic board, by resolution as they shall direct from time to time.

(Code 1976, § 19-71)

Sec. 86-197. Aid-to-construction fee.

(a) In order to connect to the city's wastewater utility system, all new sewer customers shall pay an aid-to-construction fee, in addition to any tap fee, capital cost recovery fee, existing aid-to-construction fee or other required fee. The aid-to-construction fee shall be paid prior to connecting to the city's wastewater system. A written agreement between the city and each user will be executed upon payment of fees and prior to construction of the facilities.

(b) The initial aid-to-construction fees shall be set by the aldermanic board in an amount as set forth in the schedule of fees and charges per gallon of estimated water consumption per day, as set forth in the table in this section, subject to change as the aldermanic board shall, by resolution, direct from time to time.

(c) The aid-to-construction fee shall be calculated according to the average daily consumption of each type of establishment as outlined in the table in this section. The standards in the table set forth in this section shall be used in determination of estimated water consumption. If the table in this section does not provide information for a particular application, the estimated water consumption shall be as calculated by the city manager or the city's consulting engineer.

(Ord. of 2-7-2000, § I)

State law references: Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1.

Secs. 86-198? 86-220. Reserved.

DIVISION 4.
USE OF PUBLIC SEWERS*

------------

State law references: Dumping certain wastes in storm or sanitary sewers prohibited, O.C.G.A. § 12-8-2.

------------

Sec. 86-221. Discharge of unpolluted waters? To sanitary sewer.

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.

(Code 1976, § 19-75)

Sec. 86-222. Same? To combined sewers, etc.

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

(Code 1976, § 19-76)

Sec. 86-223. Prohibited discharges to public sewers? Absolutely.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantities, 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.

(3) Any waters or wastes having a pH lower than 6.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

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

(5) Any of the following toxic materials in excess of the maximum allowable concentrations listed in milligrams per liter:

(Code 1976, § 19-77; Ord. of 7-6-1998, §§ III, IV)

Sec. 86-224. Same? Conditionally.

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

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit or 65 degrees Celsius, or any liquid or vapor in such quantities that the temperature at the treatment works influent exceeds 104 degrees Fahrenheit or 40 degrees Celsius.

(2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit or zero and 65 degrees Celsius.

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the public works superintendent.

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

(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the public works superintendent for such materials.

(6) Any waters or wastes containing phenols or other taste-producing or odor-producing substances, in such concentrations exceeding limits which may be established by the public works superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the public works superintendent in compliance with applicable state or federal regulations.

(8) Any waters or wastes having a pH in excess of 9.5.

(9) Materials which exert or cause:

a. Unusual concentration 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.

b. Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions.

c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d. Unusual volume of flow or concentration of wastes constituting slugs.

(10) Water or wastes having a five-day biochemical oxygen demand in excess of 250 parts per million by weight on a 24-hour composite basis.

(11) Water or wastes having a suspended solids content in excess of 250 parts per million by weight on a 24-hour composite basis.

(12) 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 a degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(Code 1976, § 19-78)

Sec. 86-225. Same? Rejection; imposing requirements.

(a) 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 86-224, and which in the judgment of the public works superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the public works superintendent may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 86-230.

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

(Code 1976, § 19-79)

Sec. 86-226. Interceptors.

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

(Code 1976, § 19-80)

Sec. 86-227. Maintenance of preliminary treatment and flow-equalizing facilities.

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

(Code 1976, § 19-81)

Sec. 86-228. Control manholes, etc.

When required by the public works 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 public works superintendent. 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.

(Code 1976, § 19-82)

Sec. 86-229. Measurements; tests; analyses.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether grab samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 composites of all outfalls whereas pHs are determined from periodic grab samples.

(Code 1976, § 19-83)

Sec. 86-230. Special agreements not precluded.

No statement contained in this division shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

(Code 1976, § 19-84)

Secs. 86-231? 86-250. Reserved.

DIVISION 5.
ENFORCEMENT

Sec. 86-251. Right of entry? Granted to city personnel.

The public works superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

(Code 1976, § 19-90)

Sec. 86-252. Same? Observance of safety rules.

While performing the necessary work on private properties referred to in section 86-251, the public works superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company.

(Code 1976, § 19-91)

Sec. 86-253. Acts constituting disorderly conduct.

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

(Code 1976, § 19-92)

Sec. 86-254. Violation; penalty.

Any person violating this article, shall upon conviction in the municipal court, be punished as provided in section 1-12.

(Code 1976, § 19-93)

Sec. 86-255. Liability for damage.

Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(Code 1976, § 19-94)