Ordinance 2010-003 Wastewater System

City Code :: Elwood Town Ordinance :: Ordinance 2010-003 Wastewater System

ORDINANCE #___2010-003______



WHEREAS, the City Council of Elwood City (herein “City”), is a municipal corporation duly organized and existing under the laws of the State of Utah and located entirely within Box Elder County; and


WHEREAS, the City has determined that construction of a sewer and wastewater system is necessary in order to protect, preserve, and enhance the environment within the City, and


WHEREAS, the City finds that it is necessary to enact a wastewater system policy to govern the operation of such a sewer and wastewater system; and


WHEREAS, Utah State Code provides among other things, that the governing body of a public entity may, among other things:

  1. Supervise and regulate the collection, transportation and disposition of all

wastewater within its jurisdiction;

  1. Levy and collect taxes, fees, and charges as may be appropriate to discharge its responsibilities for the acquisition, construction, operation, maintenance, and improvement of sewer and wastewater facilities or any portion of them.


WHEREAS, the City finds that the public convenience and necessity, public safety, health and welfare is at issue in this matter and requires the adoption of actions proposed herein by the City; and


NOW, THEREFORE, BE IT ORDAINED by the City Council of Elwood City enacts the following:




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

BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20oC) expressed in milligrams per liter.

BUILDING DRAIN: 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 (5') (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal, also called "house connection".

CESSPOOL: An underground reservoir for liquid waste (as household sewage).

CITY: Elwood City, Box Elder County, Utah.

EASEMENT: An acquired legal right for the specific use of land owned by others.

FLOATABLE OIL: Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE: All waste resulting from residences, commercial trades or businesses and institutions. Commercial and industrial waste shall be distinct from domestic or household sanitary systems.

GOVERNING BODY: The mayor and council members of Elwood City.

INDUSTRIAL WASTE: The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

MAY: Permissive. See definition of Shall.

NATURAL OUTLET: Any outlet, including storm sewers and combined sewer overflows, into a watercourse pond, ditch, lake or other body of surface or ground water.

PERSON: Any individual, firm, company, association, society, corporation or group.

pH: The logarithm of the reciprocal of the hydrogen ions concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven (7) and a hydrogen ion concentration of 107.

PRIVY: A small building having a bench with holes through which the user may defecate or urinate.

PROPERLY SHREDDED GARBAGE: 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 (1/2") (1.27 centimeters) in any dimension.

PUBLIC SEWER: A common sewer controlled by a governmental agency or public utility.

RESIDENTIAL EQUIVALENT: A structure, building or unit discharging effluent into the system placing no more burden or discharging no more effluent than "residential flows", as defined hereinafter.

RESIDENTIAL FLOWS: The assumed average and/or standard flow expected from a single-family dwelling based on wintertime culinary water usage. A residential flow volume strength is 250 mg/l TSS (total suspended solids, see definition of Suspended Solids) and 200 mg/l BOD (biochemical oxygen demand, see definition of Biochemical Oxygen Demand (BOD)). Rates for volume and strength of residential flow shall be set out in an amendment to this ordinance or in a resolution.

SANITARY SEWER: A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

SEPTIC TANK: A tank in which the solid matter of continuous flowing sewage is disintegrated by bacteria.

SEWAGE: The spent water of a community. The preferred term is "wastewater", as defined herein.

SEWER: A pipe or conduit that carries wastewater or drainage water.

SHALL: Mandatory. See definition of May.

SLUDGE: Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

STORM DRAIN (Sometimes Termed STORM SEWER): A drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.

SUPERINTENDENT: The superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of Elwood City, or his authorized deputy, agent or representative.

SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "standard methods for the examination of water and wastewater" and referred to as nonfilterable residue.

SYSTEM: The sewer or wastewater facilities of the city.

UNPOLLUTED WATER: Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

WASTEWATER: The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present.

WASTEWATER FACILITIES: The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant".

WATERCOURSE: A natural or artificial channel for the passage of water, either continuously or intermittently.




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

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

C. Private Systems: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.

D. Connection Required; The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the sewer service area and abutting on any street, alley, easement or right of way in which there is located a public sanitary sewer of the city, or within three hundred feet (300') of the system, is hereby required, at the owner's expense, to install suitable sewer facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this ordinance, within one hundred eighty (180) days after date of official notice to do so; provided, that said sewer is within three hundred feet (300') of the owner's property line. An exception to this policy may be granted by the city council in extraordinary cases only.

E. Proposed Subdivisions: The owner of any proposed subdivision plat shall be required, at the owner’s expense, to install suitable sewer facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this ordinance, within one hundred eighty (180) days after date of official notice to do so, if the property, from the nearest property line of any kind, falls within the required hookup distance. The formula to be used for this specific requirement is to multiply the number of lots by three hundred feet (300’). That total number (in feet) is defined as the required hookup distance. The city requires that the owner of any proposed subdivision plat of lots within the required hookup distance of any lateral, interceptor or collection portion of the system shall connect to the system, the failure of which shall constitute a public offense and punishable by law as a class B misdemeanor. If after having calculated the required hookup distance and the owner’s nearest property line of any kind is outside of that required hookup distance from any lateral, interceptor or collection portion of the system, then the city shall waive this requirement.

  1. Extraterritorial Jurisdiction: To evidence compliance with the requirements of this section, the city adopts this penalty and compensatory sanctions, the violation of which shall constitute a class B misdemeanor. Under the authority of Utah Code Annotated section 10-8-15, as amended, the city hereby exercises a municipality's extraterritorial jurisdiction to protect its culinary water system and its source from exposure to underground percolation from any ecological injury, pollution or contamination of the watershed or exposure of the system and water polluting underground percolations influencing the culinary waterworks source. The city, under the authority of Utah Code Annotated section 10-8-38, as amended, declares that all lands (whether inside or outside an incorporated municipality) within three hundred feet (300') on either side of the transmission or interceptor lines and the inlet facilities of each and all of the collection, interception and inlet facilities or one or any combination of the same (the "system") are a part of the wastewater facilities of the city and the system, and the city hereby requires that the owner or occupant of any land upon which any structure is located and on the nearest property line of any kind within three hundred feet (300') of any lateral, interceptor or collection portion of the system shall connect to the system, the failure of which shall constitute a public offense and punishable by law as a class B misdemeanor.




A. Permitted: Where a public sanitary or combined sewer is not available under the                                provisions of Section 2(D) of this ordinance, the building’s sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.

B. Permit; Fee: Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the governmental entity with jurisdiction. The application for such permit shall be made on a form furnished by the appropriate governmental entity, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary. A permit and inspection fee shall be paid as required at the time the application is filed.

C. Compliance; Inspection: Permission to use the system for a private wastewater disposal system shall not become authorized until the installation is completed in compliance with the approved plans applicable with all state and local codes, and this ordinance. Authorized city employees shall be allowed to inspect the work at any stage of construction. The applicant for the permit shall notify the city when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of notice by the city.

D. State Compliance; Minimum Lot Area: The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the department of environmental quality of the state of Utah. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than one-half (1/2) acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. Connection To Public System; Time Limit: At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 2(D) of this ordinance, a direct connection shall be made to the public sewer within one hundred eighty (180) days, in compliance with this policy, and the private disposal system shall be disconnected, safely abandoned and made inoperable in compliance with applicable laws and regulations.

F. Maintenance: When a public sewer is not available, the owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, and at no expense to the city.

G. Additional Requirements: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Utah state department of environmental quality.

H. Sewer Lateral Lines: Unless provision is expressly made for the ownership of sewer lines by means of a written agreement, all sewer mains shall be deemed to be the property of the city of Elwood and subject to its absolute control and supervision even though actual installation may have been performed by a developer or other property owner. Maintenance of all connecting lines or laterals running from the main line to the point of connection at the facility served by such connecting line or lateral shall be as follows:

1. Elwood City shall be responsible for the physical integrity of the line between the main line and the property line of the facility being served, any breaks in the piping or similar failures shall be the responsibility of the city.

2. The property owner shall be responsible for the physical integrity of the line and any physical or piping failures that occur on the property being served.

3. The property owner shall be responsible for all blockages or similar impediments of the wastewater flows for the entire length of the lateral line from the main line to the facility being served. The city of Elwood accepts no liability nor responsibility for any blockage in the lateral line whether it is under public property or private property.


A. Permit Required: No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. Exceptions may be allowed for a property owner to clean out their own line on their property if there is an issue with the physical integrity of the line or there is a blockage, as discussed in Section 3, Subsection H(2) and (3).

B. Classifications; Equivalent Residential Units; Application; Fee:

1. There shall be two (2) classes of sewer connections to be known as "residential" and "commercial". Each connection type shall be measured by ERUs (equivalent residential units). Each residence served by the wastewater system will be considered to be a "residential" connection and will be considered to be equal to one ERU. In cases where there is more than one dwelling unit in a residence, each will be counted as a separate ERU. Each establishment served by the city's wastewater system that is not residential in nature will be considered a "commercial" connection charged equal to the average number of ERUs of flow contributed to the system. In the city, an ERU is equal to ten thousand (10,000) gallons per month.

2. Prior to connecting to the wastewater system, a preliminary study shall be conducted to determine the ERU value for each "commercial" connection. One year from the date the connection occurs, actual flows shall be used to confirm the ERU value for the connection. The flow data will be updated annually.

3. In every case, the owner or agent shall make application on a form obtained from the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent.

4. A fee for sewer connection permits and inspections shall be set by resolution of the city council.

C. Mandatory Connection; Penalty:

1. Each person owning, occupying or having an interest in any structure in the city, the property line of which is within three hundred feet (300') of the sewer line shall connect to the sewer system upon an application in the form hereinafter set out.

2. It shall be a class B misdemeanor or a misdemeanor as declared by state law or county ordinance for any person to fail to connect to the sewer system who is the occupant, owner or user of any structure whose outermost property line is within three hundred feet (300') of the sewer system by a fine of not less than fifty dollars ($50.00) for each day of violation, and each day of failure to connect shall be deemed a separate offense. In cases where connection would create an inordinate burden, the city council may waive this requirement.

3. Each individual connection to the sewer system shall execute an application on a form provided by the city.

D. Rates, Fees and Charges for Sewer Services:

1. The governing body will, in order to promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based entirely upon metered winter usage, effluent strength, or solely upon the basis as defined hereinabove or upon an equitable combination or any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among those based upon their usage of and benefit received from the system.

2. The rates for connecting to and use on monthly or any other basis will be fixed and amended by resolution or amending this ordinance.

E. Installation Of Building Sewer: 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.

F. Separate And Independent Building Sewer Required; Exception: 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 system will be considered as one building sewer. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection as described herein.

H. Construction Code Compliance: The size, slope, alignment, materials or construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city and the state. In the absence of these code provisions or in amplification thereof, the materials of the ASTM and WPCF manual of practice no. 9 shall apply.

I. Elevation: Whenever possible, the building sewer shall be brought from 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. Where such means are necessary, the owner shall be responsible for all installations, maintenance and operating costs for their operation.

J. Surface Runoff Or Ground Water: No person shall make connection of roof downspouts, foundation drains, field drains, or other sources of surface runoff or ground water, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the city and the Utah state department of environmental quality for purposes of disposal of polluted surface drainage.

K. Connection Code Requirements: The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, and the state, or the procedures set forth in appropriate specifications of nationally recognized publications of what are known as the ASTM and the WPCF 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 before installation.

L. Excavations; Protection: All excavation for building sewer installation shall be adequately guarded with barricades and lights, and meet all OSHA standards inside the trench, 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.

M. Responsibility For Payment:

1. Irrespective of the occupant, user, tenant, cotenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises according to the records of the Box Elder County recorder shall be legally responsible for the payment of all charges, fees, assessments and any other payment or obligation or liability of a user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by the city as an obligation of the owner of the real property on which any use is made from a sewer connection. Water services to delinquent property shall be turned off by the city for failure to pay any and all sewage and wastewater fees, assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the city for sewer service are paid in full, or a payment plan is developed and approved at the discretion of the City Council.

2. All payments for utilities, whether "water" or "sewer" shall be credited first to sewer assessments, fees or charges.

N. Interest Charge On Delinquent Or Past Due Connection Fees: The mayor and city council may, at their discretion and in circumstances that are equitable, impose interest at the rate of ten percent (10%) on all past due accounts either for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this ordinance.

O. Notification Of Rate: Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services operation and maintenance (O&M) vs. debt service.



A. Required: The city shall review the total annual cost of operation and maintenance, long-term debt service relating to the wastewater treatment works, as well as each user's wastewater contribution percentage not less often than every year, and will review the user charge system as necessary to assure equity of the system established herein and to assure that sufficient funds are obtained from the city's user charge system to: 1) adequately operate and maintain the wastewater treatment works; and 2) cover said debt service. The city will apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year, and adjust this rate accordingly.

B. Rates, Fees, and Charges for Sewer Services: The City shall pass a resolution or amendment to this ordinance to establish rates, fees and charges for sewer services and shall be on file in the city office.



A. No person shall discharge or cause the discharge of any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sewer; except storm water runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewer by permission of the city and Utah state department of environmental quality.

B. Storm water, other than that exempted under subsection A of this section, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers, or to natural outlets approved by the city and the Utah state department of environmental quality. Unpolluted industrial cooling water or process waters shall also be discharged to a storm sewer, combined sewer or natural outlet.

C. If any water or wastes are discharged, or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated in any of Utah state laws or Elwood City's sanitary sewer ordinances or policies, and which are determined by Elwood City to have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, Elwood City 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 wastes not covered by existing taxes or sewer charges under the provisions of this ordinance. If Elwood City permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of Elwood City and the Utah state department of environmental quality;

4. Require a plot plan of sewers of the user's property showing sewer and pretreatment facility location.

5. Require details of wastewater pretreatment facilities.

6. Require details of systems to prevent and control the losses of materials through spills to the municipal sewer.

D. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of standard methods for the examination of water and wastewater, published by the American public health association. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the city.

E. No statement contained in this ordinance 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 Elwood City for treatment.



A. Entrance Upon Premises: Duly authorized employees of the city of Elwood or Box Elder County or the Bear River Health Department, as permitted by the city, bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.

B. Obtain Information: Duly authorized inspectors are authorized to obtain information concerning industrial processes that have a direct bearing on the kind and source of discharge to the wastewater collection system. Industrial users may withhold information when they have established that the revelation of said information to the public might result in an advantage to competitors.

C. Information To Determine Compliance: The city may require any user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:

1. Wastewater's discharge peak rate and volume over a specified time period.

2. Chemical analysis of wastewaters.

3. Information on raw materials, processes and products affecting wastewater volume and quality.

4. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer control.

D. Safety Rules Observed: While performing the necessary work on private properties referred to herein, duly authorized inspectors shall observe all safety rules applicable to the premises established by the company.

E. Premises With Easement: Duly authorized inspectors bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.



A. Notice Of Violation: Any person found to be violating any provision of this ordinance shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Misdemeanor Penalty: Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a class B misdemeanor and upon conviction thereof, shall be subject to a fine up to $1,000 for a Class B Misdemeanor as set forth by the Utah State Code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Liability For Damages: Any person violating any of the provisions of this ordinance shall become liable to the city for the expense, loss or damage occasioned the city by reason of such violation.



      All orders and resolutions with respect to the changes herein enacted and adopted

which have heretofore been adopted by the City, or parts thereof, which are in conflict

with any of the provisions of this Ordinance, are, to the extent of such conflict, hereby

repealed, except that this repeal shall not be construed to revive any act, order or

resolution, or part thereof, heretofore repealed.





      The body and substance of any and all prior Ordinances, together with their specific

provisions, where not otherwise in conflict with this Ordinance, are hereby reaffirmed

and readopted.





            If any provision of this Ordinance shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable for any reason, such reason shall not have the effect of rendering any other provision or provisions hereof invalid, inoperative or unenforceable to any extent whatever, this Ordinance and the provisions of this Ordinance being deemed to be the separate independent and severable act of the City Council of Elwood City.




            This Ordinance ratifying the vote taken on the __9th__ day of __March__, 2010, shall be effective immediately, and after publication or posting as required by law.














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