Loading...
HomeMy WebLinkAbout83-3-2364558 ORDINANCE NO. 83-3-2364 AN ORDINANCE AMENDING CHAPTER 32, WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY: BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That section 32-1 of Chapter 32 be amended and reordained so that section as amended and reordained shall hereafter read as follows: "SECTION 32-1. Contract Required for Taking or Using City Water; Permitting Unauthorized Use of Water. No person shall take or use any water furnished or supplied through the waterworks system {ef} for the City for domestic or other purposes without contracting for the same pursuant -to the rules and regulations of the waterworks as approved by the Board -of Commissioners of -Waterworks, nor shall any person permit water to be taken from his.premises by any person not having a permit or license to take or use such water. Any person who violates any provision of this section shall, upon conviction, be (fined-4not1-ems---I&n-give =do4-1&Ts--(-$-5-.r14}=xe-4no-r-0- tr1A4-a-Re-4vmx1r-eco-dollars {$i8A:99}-few-eask-stiEk-vieiaiea) guilty of a violation". SECTION 2. That section 32-2 be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "SECTION 32-2. Unauthorized Turning On Or Off Of Water; Injuring Or Inter- fering With Waterworks Property. (a) No person not an officer or an employee (of--t4ie-G}try-er) of the waterworks distribution system, or not having a permit from one duly authorized to execute the same shall turn on or off any water from any main, distributing pipe, shutoff box or other device, or open, injure or otherwise interfere with any shutoff box or water meter, nor shall any person injure, tamper with or unscrew any nut or other fastening device on or about any fire- plug. Any person who shall violate any of the provisions of this subsection shall be deemed guilty of a Class "B" misdemeanor. axd shall 4*ot -nor-acre-tkaa exe-kxnd�ed.-deiia�s-{$499:99}-fey-eaEl�-st�Eh-�ieia�iea-�ie�eef. b. Any person committing any act of trespass or injury to any of the property connected with and belonging to the waterworks system of the City not specifically defined in subsection (a) hereof shall be deemed guilty of a Class 'B" misdemeanor. an4—Aia-14--he-fixed. not-iess--t4ia�r -f4-*e--4e1-1-&r-&-{$5:99}- aova- 4ian--ane-haxdred deiia�s-{$499:99}. SECTION 3. That section 32-3 be amended and reordained so that said section shall hereafter read as follows: 559 "SECTION 32-3. Duty of Police to Report Damage to Fireplugs and Water System. It shall be the.duty of all policemen ( ex -ail -beats) to report any injury, breakage or damage to any fireplug or to -the water system in any way, which report shall be made to the chief of police (premptly} as soon as discovered". SECTION 4. That section 32-4 be amended and reordained so that said section shall hereafter read as follows: "SECTION 32-4. Mandatory Sewer Connections. The owners of"'mproved real estate. located in. any sewer zone in the City or in any other area of the City, shall, within twelve (12) months from the time of completion of any sanitary or combined storm and sanitary sewers, connect the im- provements thereon to such sewer, and each'improvement upon real-estate shall, before being occupied, be connected with the sanitary sewer or combined storm and sanitary sewer in the zone -'or area where such improvement is located and -where such sewer service is available. Any person violating this section shall, upon conviction, be guilty of a violation, €iced-net-less-l�aa-sex-�elas-�$lA:AB}-nem mese-kaa-weay-fine-dellas {$29v@@}, and each day that such violation continues shall constitute a separate offense". SECTION S. That a new section 32-6.5 Prohibited Sewer Deposits, is here- by created to read as follows: "SECTION 32-6.5. Prohibited Sewer Deposits. a. No person shall contribute or cause to,be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such persons discharging wastewater to a POTW whether or not the person is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements. A person may not contribute the following substances into or through any portion of the sewer system of the City: 1. Any liquid or_ vapor having a temperature higher than 600, in- cluding, but not limited to, any wastewater having a temperature which will inhibit the biological activity in the treatment plant or would cause the temperature at the treatment plant influent to exceed 400C. 2. Any water or waste which may contain more than 50 parts per million, by weight, of fat, oil,or grease, exclusive of soap. 3. Any flammable or explosive liquid, solid or gas, including, but not limited.to gasoline, benzene, naptha, and fuel oil. 4. Any garbage that has not been properly,shredded. 5.. Any ashes, cinders,, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, offal, unground fruit or vegetables, or other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. 6. Any waters or wastes having a stablized pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and person- nel of the sewer works. 560 7. Any waters or wastes having a Biochemical Oxygen Demand in excess of 300 parts per million (mg./1). 8. Any waters or wastes containing more than 350 parts per million by weight of suspended solids or containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. 9. Any concentration of Chloride higher than 10,000 parts per million. 10. Any wastes or waters having an objectional color which is not removable in the existing sewage treatment plant process. 11., Any.waters.or wastes_.containing..a toxic or poisonous substance or any other materials in sufficient quantity to injure or interfere with any sewage ,treatment process, or constitute -a hazard to humans or animals, or create any hazard in the receiving stream at -the sewage treatment plant, 12. Any noxious or malodorous gas or substance capable of creating a. public nuisance. 13. Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards. b. When the City determines that a person is contributing to the POTW, any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the City shall: Cl) advise the person of the impact of the contribution on the POTW; and (2) develop ef- fluent limitations(s) for such person to correct the interference with the POTW. C. Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance. d. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal pretreatment standards, the City may apply to the Approval Authority for modifications of specific limits in the Federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of. the samples taken when measured according to the procedures set forth in 40 CFR, part 403, Section 403.7(c)(2). The City may modify pollutant discharge limits in the Federal pretreatment standards if these requirements are fulfilled and prior approval from the Approval Authority is obtained. e. Any person violating any of the provisions of this section shall be fined not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues". 561 SECTION 6. That section 32-8 be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "SECTION 32-8. Connection before Permit Prohibited. Any plumber, contractor, or_,person, firm or corporation who shall connect any sanitary facility to a City sanitary or combination sewer for which a permit is required before. said permit is obtained, shall be .guilty of a violation". misdemeanor in- tile -i -t ,--a go-r�-eexvis lea--sha4.41-4e-ine4-not--less-tkaR-twenty-fire-deliars {$fig:AA}-Rem-mese-�kaR-twe-l�ttRd.�ed-�.elia�s-�$�AA:AA}. SECTION 7. That a new section to be known as section 32-9, Inflow Con- nections.Prohibited, is:hereby created to read as follows: "SECTION 32-9. Inflow Connections Prohibited. Connections from inflow sources such as roof leaders, foundation drains, or storm sewers into the sanitary sewer portions of the sewer system shallbeprohibited. Any person violating this section shall be guilty of a violation, and.each day's violation shall be a separate and distinct offense. SECTION.8. That.a new section to be known as section 32-10, Structures Required is hereby created to read as follows: "SECTION 32-10. Structures Required. a. Storage_Tanks: In order to equalize flows over a 24-hour period, each person discharging a waste into the City sanitary sewers having a volume which exceeds the allowable reserve capacity of the sewer system.at any point below his point of discharge shall construct and maintain at his own expense a suitable storage tank with a flow metering device at the outlet to the sewer system. b. When deemed necessary by the City, any person discharging industrial wastes into the City sanitary sewer shall construct and maintain a suitable control manhole, down stream from any treatment, storage, or other approved work, to facilitate observation, measurements, and sampling.of all wastes including.domestic"sewage, from the industry.. The control manhole shall be constructed at a suitable and satisfactory location and built in a manner approved by the City. Where a storage tank is not required, the control manhole shall be equipped with a permanent type volume measuring device such as a nozzle, or other suitable devices as may be approved -by the City. The manhole shall,be maintained so.as to be safe, accessible and in proper operating condition at all times. C. Plans for the construction of said storage tank, control manhole, and controlling devices shall be approved by the City prior to the beginning of .construction07. SECTION 9. That a new section to be known as section 32-11, Industrial Discharge Permits, be created to read as follows: S62 "SECTION 32-I1. Industrial Discharge Permits. Any person desiring ,to deposit or discharge, or who is now depositing or discharging any industrial waste into the sanitary sewers shall make application for the disposal of industrial waste to the City sewer system if required -by the National Categorical Pretreatment Standards or Section of this ordinance. An application for an Industrial Discharge Permit shall contain but not be limited to, the following information: 1. Name, address and location (if different from address)'; 2. SIC number; 3. Wasterwater constituents and characteristics including but not limited to those mentioned in Section 32-6.of this ordinance. 4. Average daily_and peak flow rates, including daily, monthly and seasonal variations if any; S. A site plan, detailed to show all on site sewers; 6. Description of plant processes including all materials which are or could be discharged; 7. A statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional 0 & M and/or additional pretreatment is.required to meet these standards. If additional pretreatment and/or 0 F M will be required, the shortest schedule by which such additional pretreatment will be.provided: a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events; b. Not later than 14 days following each date in the schedule and the final date for compliance, a progress report shall be submitted to the City. 8. Each product produced by type, amount, process and rate of production, including type and amount of raw materials used; 9. Number and type of employees; 10. Any other -information as may be deemed by the City to be necessary to evaluate the permit application; The City will evaluate the data furnished by the person and may require additional 'information. After evaluation and acceptance of the data furnished, the City may issue an Industrial Discharge Permit subject to terms and conditions provided herein. If the application is rejected, the person will be notified and the reasons for the rejection will be stated. SECTION 10. That a new section to be known as Section 32-12, Permit Conditions, is hereby created to read as follows: "SECTION 32-12. Permit Conditions. Industrial Discharge Permits may contain.the following: 1. Limits on the average and maximum wastewater constituents and characteristics; 2. Requirements for flow regulation and/or equalization; 3. Requirements.for installation and maintenance of inspection and sampling facilities; 4. Requirements for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedules; 5. Compliance schedules; 6. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and accessible to authorized city, state, and federal personnel; S63 7. Requirements for notification of the City on any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; 8. Requirements for notification of slug discharges; 9. Other conditions as deemed appropriate by the City to insure compliance with this ordinance. 10. Pay to the City, -a fee to reimburse the City its cost of authorizing and reviewing the permit application. 11. Pay an annual fee to the City to reimburse the City the cost of annual authority and testing". SECTION 11. That a new section to be -known as Section 32-13, is hereby created to read as follows: "SECTION 32-13. Term of Permit. Any permit issued to -an industrial discharger will have a duration of five years from the date of issuance. The permit may be revoked at any time prior to that time if the City determines that the flow characteristics of the discharge are no longer in compliance with the regulations of this ordinance. An existing permit can be renewed for additional five-year periods by -making a written request to the City, 180 days prior to the expiration of the existing permit, and supplying the supporting data that the City may request for a determination of compliance. SECTION 12. That a new section to be known as Section 32-14, is hereby created to read as follows: "SECTION 32-14. 'Power and Authority for Inspection. Authorized 'personnel of city, state or federal agencies "bearing proper credentials and identifications, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this ordinance. SECTION 13. That a new section to be known as Section. 32-15 be adopted, said section to read.as follows: "A. grease trap (a device designed and installed so as to separate and retain deleterious,: hazardous" or undesirable matter from 'normal wastes while permitting normal sewage or- liquid wastes to discharge into drainage system by gravity) shall be placed as near as possible to the fixture it serves and shall be approved by the City. All grease traps used inside a building shall have a sealed cover and shall be properly vented. Grease traps shall be installed to serve restaurants and food handling establishments. Grease traps shall have sufficient capacity to handle the load of the establishment's. SECTION 14. That a new section to be known as Section 32-20, Penalty for violation, is hereby "created to read as follows: "SECTION 32-20. Penalty for Violations. Any person violating any provisions of this ordinance will be subject to civil and criminal penalties and fines in accordance with judicial procedures and as set out elsewhere within this ordinance. Any violation may also result" in termination of the disposal authorization by the City. The'City shall annually 564 publish in a local newspaper of the largest circulation, a list of the users which had significant discharge violations as defined by this ordinance, at least once during the 12 previous months. This notification shall summarize any enforcement actions taken against the user(s) during the same 12 months. A "violation" shall be punishable by.a-fine_of not more than Two Hundred Fifty Dollars '($25.0.00); a Class "B"'misdemeanor shall be punishable by a fine of not more than Two hundred Fifty Dollars ($250.00), or confinement in jail for not more than ninety (90) days or both". SECTION 15. That a new section to be known :as Section 32-21,.is hereby. created to read as follows: "SECTION 32-21. Definitions. 1. ACT.= Federal Water: Pollution _Control_ Act. (Public Law 92-500) as amended by the Clean Water Act of 1977 (Public Law 95-217). 2. Approval Authority. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program. - 3. -B.O.D. (Denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure:in 5 days at 20.0 expressed in parts per million by weight. 4. CITY is the City of Paducah. 5. Color is the "true color" due to the substances in solution expressed- in xpressedin wave lengths of light. 6. Commercial and Industrial Wastes means wastes carried away from commercial and industrial establishments, as distinguished from ordinary sewage, and has particular reference, without limiting the generality of the foregoing, to wastes containing chemical or other substances which present unusual problems and -hazards necessitating supervision of special treatment before introduction into the sewers. 7. Dry Industries are those industries that discharge wastewater from sanitary conveniences only: 8. Interference. The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the City's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SEDA), the Clean "Air Act-, the Toxic Substances Control. Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. 9. Major Industries are those industries having: 1. A flow of 50,000 gallons or more per average work day, or 2. Contributing more than 5% of the pollutant loading of the sewage treatment plant, or . 3. Has in its waste toxic pollutants as defined pursuant to Section 307 of the Act, or 4. Is found by the city, state of federal agencies to have a significant impact, either: -.singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality.or air emissions generated by the system. 10. Minor Industries are those industries having a flow of less than 50;000 gallons per-average.work day and contributing less than 5% of the pollutant loading of plant that discharges wastewater other than "from sanitary conveniences: 11.National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by 565 the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users. 12. 0 and M "Operation and Maintenance". 13. Ordinary Sewage or Ordinary Sewage Wastes means those flowable wastes which are comparable to wastes which ordinarily originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing, and other household facilities. Such term also includes solid food wastes from the preparation, cooking and disposing of -food, and from the handling, storage and sale of produce, but only if such solid wastes have been ground or shredded to such degree that all particles may be carried freely under the flow con- ditions normally prevailing in the City sewers, with no particle greater than one-half inch (%") in any dimension, and only if such solid food wastes are introduced into the sewers accompanied by water sufficient to cause the same to flow freely and without congesting the sewers. 14. Person is any individual, firm, company, association or corporation. 15. pH shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. A stabilized pH will be considered as a pH which does not change beyond the specified limits when the waste is subjected to aeration. A pH value indicates the degree of acidity of alkalinity. 16. Premises means and includes all places and,properties where people Jive or -congregate, or where. flowable,sewage wastes are otherwise generated, which should be drained away and disposed of in the interests of the public.. health, safety and general.'welfare, and specifically includes but not by way of limiting the generality of the foregoing, all homes,* apartments, hotels, motels, trailer camps, establishments for manufacturing, business, commercial, or industrial purposes, and other structures of any and every nature whatsoever. 17. Properly Shredded Garbage shall mean the wastes from the preparation, cooling, and dispensing of food that have been shredded to such 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. 18. Publicly -Owned Treatment Works (POTW). A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This definition_ includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this ordinances, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the (city) who are, by contract or agreement with the (city), users of the (city' -s) POTW. 19. Receiving Stream is that body of water, stream or water course receiving the discharge waters from the sewage treatment plant or formed"by the waters discharge from the sewage treatment plant. 20. Sewers or Sanitary Sewers means those properties, works and facilities by and through which the City provides service in draining and treat- ing.flowable polluted sewage wastes, and includes not only such facilities as presently exist but also all future extensions, ad- ditions,. -enlargements, and improvements thereof and thereto. 21. Shall is -mandatory; -May-is permissive. 22. SIC is s tandard-industrial:code. 22. Suspended Solids shall-mean.solids'that either float on,,the-surface of, or are in suspension in water, sewage, or other liquids; and which are -removable by laboratory filtering. SECTION 16. That a new section to be known as Section 32=80, Free Use of Sewers Prohibited, is hereby created to read as -.follows: "Section 32-80. Free Use of Sewers Prohibited. No free use of the services and facilities of.: the sewers shall be -granted or permitted to any user thereof". SECTION 17. That a new section to be known as Section 32-81, Findings of Fact, Basis of Charge., is hereby -created to read -as follows: 566 "Section 32-81. Findings of Fact; Basis of Charge. a. The volume of flow used in ascertaining and measuring use of the facilities and services of the City sewers, and of exacting compensation for such use, shall be based upon the quantity 'of water.- supplied to the premi-ses of the respective sewer users,. -as shown by the periodic meter readings -of the parties supplying water service, provided a minimum monthly sewer service charge has been exceeded. Municipal rates and charges for such use and service are herein established on such basis, subject to the - exceptions particularly referred to and provided form this article. b. Where the person discharging industrial wastes into the sanitary sewers of the City, all or part of which is discharged into the sanitary sewer, the person discharging said waste may be required -to install and maintain,at his expense, water meters of a type -approved by -the City for the purpose of determining the proper volume of flow being charged. The City has a right to read such private meter". SECTION 18. That:a new section to be known. as Section 32-82, Rates Estab- lished for Premises inside City Limits, is hereby created to"read as -follows: "Section -32=82. Rates Established for Premises inside City Limits. Rates and charges for use of the service and facilities of the municipal sewer system -for premises- inside -the corporate limits of the City, as such limits presently -exist and as the same may be extended from time to time in the future, shall be at the rate of per 1,000 gallons of water used, provided the minimum sewer -bill -shall be $1.35 per month for the first 5,000 gallons or less of water consumption -per _month".' SECTION 19. That a new section to be known as Section 32-83; Determination of Rates for Premises Outside City -Limits, is hereby created to read as follows: "Section 32-83. Determination of Rates for Premises Outside'City Limits. The City recognizes no obligation to provide for the drainage or treatment of sanitary sewage flowing from any source outside the corporate limits of the City, but in the interests of the public health, safety and general welfare of the citizens and inhabitants of the City, applications for.permission:to connect any such premises to the City sewers may be made, and if the Board of Commissioners shall,' it its sole discretion, determine that permitting any -such connection -is desirable in such interests of the citizens and inhabitants of the City, such application may, be approved and such connection may be permitted uponcompliance'with the requirements of this ordinance and by paying a reasonable connection fee and -sanitary sewer service rates, as determined by the Board of Commissioners". SECTION 20. That a new section-to°be known as Section 32-84, Purpose in Establishing Rates, is hereby created to -read as -,follows: "Section 32-84. Purpose in Establishing Rates. It is the purpose of the City in establishing the rates and charges for sanitary sewer service, as set -forth - in section 32-82, to establish such rates and charges as are shown to be sufficient to produce aggregate sewer -service revenues 567 sufficient to provide for the payment from time to time of all costs of operating the municipal sewers. (including treatment facilities) and maintaining the same in a good state of repair,• to, provide for the setting aside of adequate moneys for improvements, extensions- -and betterments as -the same be required; to provide for the payment.of,the principal :of and intere.st_.on such revenue bonds as the City may issue and have outstanding which, by their terms, are payable from sewer service revenues; and to provide sound and adequate -,reserves for all of such.purpose,s as recommended -by the City's consulting._engineers_and fiscal -agents". SECTION 21. That a new section to be known as Section 32-85, Changing Rates, is hereby created to read as follows: "Section 32-85. Changing Rates. It is recognized that the aggregate of the City'.s.sewer service revenues must be at all times_. sufficient to.accomplish the purposes. enumerated in Section 32-82, and if at any, time it shall„be determined that the -sewer service rates established in this article are insufficient to accomplish such purposes, then the Board of Commissioners will make such adjustments as may be necessary". SECTION 22. That.a new section to be known as Section 32-86, Adjustment When More Than 35% of Water Does Not Flow Into Sewers, is hereby created to read as follows: "Section 32-86. Adjustment When More Than 35% of Water Does Not Flow Into Sewers.._ Where more than thirty-five percent -C35%) of the water used by.the owner or occupant of -any premises during the month does not flow into the .municipal sewers, the percentage in excess of thirty-five per cent (35%) may be excluded from the calculation of the sanitary sewer service rates. and charges provided for in this article. It shall be the burden of the, owner or occupant of any such premises to prove to the City that more. than thirty-five percent- (35%) of the water used on such premises during the month does not flow into the municipal, sewer, and such burden shall be deemed to be. met only upon a showing by the sanitary sewer user, to the satisfaction of the City, that the quantity thereof is.accurately measured by means of a standard water meter. In the event the .sanitary sewer user has no such evidence, a standard water meter, for such purpose may be provided by the sewer user for such purpose, if provided and installed without cost to the City,.and to the City's satisfaction. .In_no case,,however, shall the sanitary sewer rates and charges provided for in this article be calculated upon less than.thirty-five percent (35%) of the water used by the owner or occupant of -any -premises during the year". SECTION 23. That a new section to be known as Section 32-87, Special Rates for Unusual Users or.Occupancies, is hereby created:.to read as follows: "Section 32-87. Special Rates for Unusual Users or Occupancies. Whenever it is determined by the City to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which water is used or the character of the commercial and industrial wastes which are 568 discharged therefrom or whenever the established schedule of sanitary sewer service rates and charges for any reason is not applicable, special sewer service rates, rentals, or other charges may be established by -'the Board of Commissioners, and any person being dissatisfied with the established schedule of sanitary sewer service rates, rentals, or other charges by reason of peculiar or unusual use of occupancy of any premises, and consequently alleging`peculiar or unusual uses of water, may file application with the City for special sanitary sewer service classification rates, rentals and charges. The Board of Commissioners -may take such action thereon as it sees fit". SECTION 24. That a new section to be known as Section 32-88,'Billing Generally, is hereby created to read as follows:- "Section ollows:' "Section 32=88: Billing Generally. In all cases of premises where water service is supplied by the City, the charges for sewer'service shall be billed together with the charges for water service, and on the'same bill form". SECTION 25. That a new section to be 'known as Section 32-89, Billing Period; Special Rates When Water Meter Not Read Monthly, is hereby created to read as follows:' "Section 32-89. Billing Period; Special Rates When Water Meter Not Read Monthly. The rates and charges established by this article are for a monthly period corresponding, as to the respective premises, with the water meter reading period of the party supplying water service to -the same premises. If it -shall at any time be made to appear that water meter readings of the supplier of water to any premises are otherwise than upon 'a monthly basis, the City reserves"the right to prescribe special rates and charges conforming to the factual situation and calculated, as nearly as may be, to produce income and revenues for sewer usage comparable to the rates and charges prescribed by'this article on a monthly basis". SECTION '26. That a new section to be known as Section'32-90, When Due And Payable, is hereby created to read as follows:- "Section ollows: "Section 32-90. When Due and Payable. Bills' for sanitary sewer service, according to the rates and charges established in this article, shall be due 'and payable at the office of the waterworks commissioners within ten (10) days after the bill is issued, except that, if the tenth day shall be a Sunday, legal holiday, or other occasion when the office of the waterworks commissioners is not open for business, payment shall be made not later than the next business day thereafter". SECTION 27. That a new section to -be known as Section 32=91, Discon- tinuance of Water Service for Failure to Pay, is hereby created to read as follows: "Section 32-91. Discontinuance of Water Service for Failure to Pay. If any monthly bill -for sanitary sewer service shall remain unpaid on the tenth day after issuance of the next ensuing monthly bill for the same premises, notice shall be given to the delinquent sewer user that water service to the premises 569 will be discontinued unless all unpaid bills for sewer service shall be paid im- mediately, and if such payment is not made in full within seven (7) days after such notice is given, the party supplying water service to the premises involved (whether the waterworks commissioners or.any other supplier of water service) shall be order- ed and directed to discontinue water _service to the premises. Thereafter, the water supplier so discontinuing water service -to such premises shall not restore water service to such premises until -,advised by the City Treasurer that all delinquent sewer bills have been paid in, full, and then only.in the event the delinquent sewer user shall pay, additionally, such reasonable charge as may be prescribed by the water supplier to cover the estimated cost of sending someone to the premises to restore the water connection. If it shall be made to appear that the delinquent sewer user has moved out of the City, or to other premises in the City where a. sewer connection does not exist or is not available, the supplier of water service may restore the water service connections to any new occupant. of the same premises, if such new occupant is not .also similarly _delinquent in the payment of a bill for sanitary sewer service otherwise owed to the City". SECTION 28. That a new section to be known as Section 32-92, Permit Re- quired For Private Collectors, is hereby created to read as follows: "Section 32-92. Permit Required for Private Collectors. No waste collected from septic tanks or similar, disposal containers shall be disposed of by the City for any private collector of such waste unless and until such person has obtained a written permit from the City". SECTION 29. That a new section to be known as Section 32-93, Permit Appli- cation is hereby created to read as follows:. "Section 32-93. Permit Application. An application for a permit required of private septic tank collectors shall be presented to the City Manager in writing, and shall specify the frequency that said collector expects to dispose of said refuse, and the names of all persons working in his employment". SECTION 30. That a new section to be known as Section 32-94, Fee, is here- by created to read as follows: "Section 32-94. Fee. No permit required of private septic tank collectors for disposing of waste by the City shall be issued until the applicant has paid a fee therefor in the amount of Five Hundred Dollars ($500.00) per tank truck for each year, or fraction thereof, for which the permit is to be issued. No such fee shall be refundable". SECTION 31. That a new section to be known as Section 32-95, Term, Trans- ferability of Permit, is hereby created to read as follows: "Section 32-95. Term, Transferability of Permit. The permit required of private septic tank collectors for having the City dispose of such waste may be issued to cover periods not exceeding twelve (12) months, and no such permit issued shall be transferable". 570 SECTION 32. That a new section to be known as Section 32-96, Revocation of Permit, is hereby created to read as follows: "Section 32-96. Revocation of Permit. The permit issued to private septic tank collectors for having the City dispose of such waste may be"revoked at any time, when in the opinion of the Board of Commissioners, the person granted such permit has failed to operate in a clean, sanitary, and responsible manner, or has failed to abide by the rules and ordinances of the City of Paducah, Kentucky, pertaining to the operation of city sewage treat- ment plant or when in the opinion of the Board of Commissioners, the City sewage treatment plant can no longer adequately process such waste". SECTION 33. That a new section to be known as Section 32-97, Penalty, is hereby created to read as follows: "Section 32=97. Penalty. - Any person or corporation violating the provisions of this article shall be guilty of a Class "B" misdemeanor, and each separate act in violation of this article shall be considered a separate offense". SECTION 34. That Section 32-6 and Sections 32-43 through Section 32-75 be repealed in their entirety. SECTION 35. This ordinance shall be read on two separate days and will be effective upon publication according to law. JOHN K.. PENROD Mayor Introduced by the Board of Commissioners February 22, 1983 Passed by the Board of Commissioners March 8, 1983 Recorded by Louise McKinney, City Clerk, March 8, 1983 Published by The Paducah Sun March 15, 1983.