City of Berlin, NH - Chapter 16

* Cross References: Administration, Ch. 2; finance department created, § 2-291 et seq.; public works department, § 2-347 et seq.; buildings and building regulations, Ch. 4; national plumbing code adopted, § 4-2; fire prevention and protection, Ch. 6; health, Ch. 7; housing, Ch. 8; mobile homes and manufactured housing and mobile home parks, Ch. 10; solid waste, Ch. 12; streets, sidewalks and other public places, Ch. 13; subdivisions, Ch. 14; zoning and land use, § 17-1 et seq.

Pursuant to enabling authority in New Hampshire Revised Statutes Annotated 149-I:6, or revisions thereto, the following is an Ordinance regulating the use of public and private sewers, private wastewater disposal, the installation and connection of sewer laterals, and the discharge of waters and wastes into the public sewer system(s), and providing penalties for violations thereof, in the City of Berlin, County of Coos, State of New Hampshire.

To comply with New Hampshire Code of Administrative Rules, Part WS 314, Cross Connections, the Berlin Water Works shall publish an established set of rules and administer a cross connection control program to protect the City-owned municipal water supply system. No cross connection within the water supply system shall be allowed unless protected by an approved backflow preventor device commensurate with the degree of potential hazard. All such devices shall be located at the water service entrance to the premise and all water consumption within the premise shall pass through the backflow preventor device. The Berlin Water Works is empowered to establish and collect certain fees and charges associated with inspection and testing of premises and devices. The fees and charges shall be set and adjusted by the Berlin Water Works Board of Water Commissioners.

This Ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) of the City and enables the City to comply with all applicable State and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). Recognizing that significant opportunities exist to reduce or prevent pollution at its source through cost effective practices, and that such practices can offer savings through reduced purchases of materials and resources, a decreased need for pollution control technologies, and lower liability costs, as well as assisting to protect the environment, the City establishes the following objectives of this Ordinance:

This Ordinance shall apply to all users of the POTW. The Ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Except as otherwise provided herein, the Public Works Director shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Public Works Director may be delegated by the Public Works Director to other qualified City personnel.

ii.The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

d. The individuals described in paragraphs (a) through (c), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

2. BOD (biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty (20) degrees Centigrade, expressed in pounds per day or milligrams per liter under standard laboratory procedures as prescribed in "Standard Methods for the Examination of Waste and Wastewater" latest edition American Public Health Association, Inc., New York, New York.

3. Building sewer outlet shall mean that part of the lowest horizontal piping of a sewer system which receives the discharge from soil, waste, and other sewer pipes inside the walls of the building and conveys it to the sewer lateral, .

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

15. Grease. The material removed from a grease interceptor (trap) serving a restaurant or other facility requiring such grease interceptors. Also means volatile and non-volatile residual fats, fatty acids, soaps, waxes and other similar materials.

16. Hauler. Those persons, firms, or corporations, who pump, haul, transport, or dispose of septage and who are licensed by the New Hampshire Department of Environmental Services pursuant to RSA 485-A:4,XVI-a and rules adopted to implement said section.

19. Instantaneous Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

20. Interceptor shall mean a device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal wastes and permit normal sewage or liquid wastes to discharge into building sewer lateral.

21. Interference shall mean a discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal and which is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in accordance with groundwater protection rules, Ws 410, solid waste rules, Env-Wm 1000 and Appendix III, the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

27. National Categorical Pretreatment Standard or categorical pretreatment standard shall mean any regulations containing pollutant discharge limits promulgated by USEPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 USC 1347) which applies to a specific category of industrial users.

29. Normal strength waste shall mean wastewater with a concentration of two hundred fifty (250) mg liter BOD and three hundred (300) mg liter SS, such being the upper limits for domestic sanitary waste as stipulated in this article.

a. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced subsequent to the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

iii. The production or wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, will be considered.

ib. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or

ii. Entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

c. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (a)(ii) or (a)(iii) above but otherwise alters, replaces, or adds to existing process or production equipment.

34. Operation and maintenance costs shall mean all costs, direct and indirect, including replacement costs, necessary to insure adequate wastewater treatment on a continuing basis, conforming with state, federal and local requirements and insuring optimal long-term facility management

36. Pass through shall mean the discharge of pollutants through the POTW into navigable waters in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of applicable water quality criteria.

39. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

40. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

43. Process waste shall mean water and liquid waste discharged from any trade or process carried on in that establishment, including pretreated wastes and polluted cooling water, but excluding segregated domestic wastewater or discharges from sanitary conveniences.

44. Properly shredded garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have 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 (1.27 centimeters) in any dimension.

46. Public Works Director shall mean the Public Works Director or his authorized deputy, agent or representative of the City. If there is no person employed as Public Works Director, or in the absence of the Public Works Director, the City Manager shall be the Public Works Director for the purpose of this division.

47. Publicly Owned Treatment Works or POTW. A “treatment works,” as defined by Section 212 of the Act (33 U.S.C. §1292) that is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if these structures convey wastewater to a POTW wastewater treatment facility. The term also means the municipality that has jurisdiction over discharges to and from such a treatment plant, and any sewer that conveys wastewater to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW.

50. Replacement cost shall be expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the service life of the treatment facility to maintain the capacity and performance for which such works were designed. Service life shall mean industrial cost recovery period for the treatment facility.

51. Reserved capacity shall mean that portion of the treatment works capacity in terms of volume or loading or both, reserved by written agreement between the City and an industry or municipality for that industry or municipality.

55. Screening Level. That concentration of a pollutant that under baseline conditions would cause a threat to personnel exposed to the pollutant, or would adversely impact structures of the POTW. To be administered as local limits applicable to a particular discharge, the screening levels must be adjusted to account for conditions at the point of discharge that differ from baseline conditions.

c. Upon determining that a user meeting the criteria in Subsection b.i. or b.ii. has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the [City/Town] may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

66. Slug shall mean any discharge of water, sewage, or industrial waste in which 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-hour concentration of flows during normal operation or which shall adversely affect the collection system and/or performance of the wastewater treatment works.

68. Structural failure shall mean blockages resulting from the collapse of a sewer lateral pipe, a broken coupling, root intrusion or City-related construction that impacts the lateral. Disputes in occurrence of a structural failure will be resolved by the Public Works Director, whose decision shall be final.

70. SS (Suspended Solids) shall mean the total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquid and that is removable by laboratory filtering as prescribed in the standard methods publication referred to above.

71. Unpolluted Water. Water of quality equal to or better than the State Water Quality Standards (Part Env-Ws 430 through Evv-Ws 440) or water that would not cause a violation of receiving water quality standards and would not be benefited by discharge to the POTW.

72. Wastewater. Liquid and water-carried industrial wastes and/or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

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 the City, any human or animal excrement, garbage, or other objectionable waste.

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.

All newly constructed 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 located a public sanitary sewer of the City, shall be connected, at the expense of the property owner, with the public sewer in accordance with the provisions of this article within ninety (90) days after the date of official notice to do so; provided that such public sewer is within two hundred (200) feet of the building measured on a straight line from the sewer to the building.

Where a public sanitary sewer is not available under the provisions of section 16-50, the sewer lateral shall be connected to a private wastewater disposal system which shall be in full compliance with New Hampshire Department of Environmental Services (NHDES) Subdivision and Individual Sewage Disposal System Rules Env-Ws 1000.

A resident shall be required to connect an existing plumbing system to the sanitary sewer system when such system meets the measurement requirements of Section 16-50 and, in the City's opinion, the resident's septic system constitutes a health hazard. When such existing system doesn’t meet the measurement requirement under Section 16-50, the existing system must be brought into compliance as provided in Section 16-51. However, in no event shall a resident be permitted more than fifteen (15) years to connect his plumbing system to the sanitary sewer system from the date that the sanitary sewer was available to his residence, or such other lesser period as may be established by state or federal laws or regulations. In no case shall a resident with an existing septic system be authorized to improve, extend or expand a septic system on his property; however, he shall be permitted to clean and repair the existing system with appropriate state approval.

Whenever sanitary sewers or portions thereof are laid at the expense of the City without cost of such line or lines being paid for by, or assessed against, all the property owners abutting such lines and benefited thereby, the owners of any of the abutting property to be serviced by such line or lines shall pay their pro rata share of such line or lines before tapping therein, based on street front footage or else the City shall record a lien against said properties, to be recorded at the registry of deeds, for the purpose of recovering the cost of such extensions.

There shall be two (2) classes of sewer permits: (a) for residential and commercial service producing only domestic wastewater, and (b) for service to establishments producing industrial wastes. For residential and commercial services, the owner(s) or his agent shall make application on a special form furnished by the City at least thirty (30) days prior to said service connection. For an establishment discharging industrial wastes, the application shall be made at least sixty (60) days prior to said service connection. The permit application shall be supplemented by any plans, specifications, or other information (including pollution prevention studies) considered pertinent in the judgment of the Public Works Director. A permit fee of $10.00 shall be paid to the City at the time the application is filed. Installation by the City will be charged to the applicant based on time and materials.

(a) Any person found to be violating any provision of this article, 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 notice shall be served upon said persons in a manner as provided for the service of summons in civil actions. The time allotted for compliance shall not be less than thirty (30) days. The offender shall, within the period of time stated in such notices, permanently cease all violations.

(c) The Public Works Director may require any user that has violated or continues to violate any provision of this Ordinance, an Industrial Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, to develop a pollution prevention plan in accordance with Section 16-99(d) of this Ordinance. The pollution prevention plan must specifically address violation(s) for which this action was undertaken. The pollution prevention plan shall be developed using good engineering judgment and shall be submitted to the Public Works Director no later than sixty (60) days after the user was notified of this requirement.

(d) The Public Works Director may publish annually, in the largest daily newspaper circulated in the City where the POTW is located, a list of the users that, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements.

(e) The Public Works Director may immediately suspend a user's discharge, subsequent to informal notice to the user, whenever such suspension is necessary to terminate an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of POTW personnel or the public. The Public Works Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or that presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately terminate or eliminate its wastewater discharge. In the event of a user's failure to immediately comply with the suspension order, the Public Works Director may implement such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures implemented to prevent any future occurrence, to the Public Works Director prior to the date of any show cause or termination hearing. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(f) When the Public Works Director determines that a user has violated, or continues to violate, any provision of this Ordinance, an Industrial Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

B. Implement such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(g) Injunctive Relief: When the City determines that a user has violated, or continues to violate, any provision of this Ordinance, an Industrial Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the Coos County Superior Court through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, that restrains or compels the specific performance of the Industrial Discharge Permit, order, or other requirement imposed by this Ordinance on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, implementing any other action against a user.

(i) Criminal Prosecution: Any person or industrial user who willfully or negligently violates any provision of this Ordinance or any orders or permits issued hereunder shall, upon conviction, be guilty of a violation, punishable by a fine not to exceed $10,000 for each violation. Every separate provision violated shall constitute a separate violation. Every day that a violation occurs shall be deemed a separate violation. Ref. RSA 47:17, I, RSA 149-I:6, RSA 31:39, III.

(j) Nonexclusive Remedies: The remedies provided for in this Ordinance are not exclusive. The City may take any, all, or any combination of these actions against a non_compliant user. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the City may pursue other action against any user without limitation, including ex parte temporary judicial relief to prevent a violation of this Ordinance. Further, the City is empowered to pursue more than one enforcement action against any non_compliant user.

(a) The extension of public sanitary sewers to any single parcel or parcels of property, within City limits, not currently serviced by public sewers shall be the responsibility of the person or persons who shall benefit from such extension. However, this shall in no way be construed to prevent the City from providing that the whole or a part of the expense of constructing public sewer shall be paid by the City. The connection between a sanitary sewer system within a subdivision and the public sewer system shall be required in accordance with section 3.6 of the City of Berlin Subdivision regulations.

(b) In general, all sewer mains shall be public and shall meet City Utility Standards. These shall be located either in City streets or public rights of way or public easements. Sewer laterals which run from a City sewer main to an individual building or an individual parcel or lot shall remain private and shall be maintained by the owner except as provided in 16-71.

(c) For non-residential development such as shopping center or industrial complexes, the private sewer lateral shall normally be considered to be all of the facilities lines and branch lines that leave the City main to serve various buildings in the development.

(a) No building permits shall be issued for a parcel of property which is to be served by public sewers until a plan showing the proposed extension of public sewers to such property has been submitted to, and approved by, the Public Works Director.

(b) The design of all sewer extensions shall be prepared under the direct supervision of a registered professional engineer qualified to practice sanitary engineering in the state. All plans and specifications shall be submitted to the Public Works Director for approval.

(c) The design of all sewer extensions shall be in accordance with the standards of the State Department of Environmental Services and the Public Works Director. Any design for sewer connection for a major subdivision shall be approved by the New Hampshire Department of Environmental Services.

(d) The Public Works Director shall be allowed up to thirty (30) days to review all plans submitted. Plans submitted to the engineer shall be reviewed and approved as submitted, approved with comments, or not approved. Plans approved with comments may be eligible for issuance of a building permit without resubmission at the discretion of the Public Works Director, assuming all other criteria for the issuance of a building permit have been satisfied. Plans not approved shall be resubmitted after revision, prior to issuance of a building permit.

(d) The Public Works Director, or a designee, shall inspect the construction of all sewer extensions. Any defects found during this inspection shall be corrected prior to the issuance of any occupancy permits for any buildings serviced by the sewer extension.

Upon completion of any sewer extension and contingent upon the correction of any defects found during construction of the extension, the Public Works Director shall petition the City Council to accept responsibility for the maintenance and operation of the extension.

All costs and expenses incidental to the installation and connection of the sewer lateral shall be borne by the owner, except for buildings which existed prior to the date of the dedication of the wastewater treatment plant and which also are determined by the Public Works Director to be within the area serviced by the public sanitary sewer system as it exists as of July 15, 1991. For these exceptions only, the following shall apply:

(3) Approved costs shall include only those costs which are actually incurred in the installation of the lateral, including excavation, pipe, ledge removal and pavement, within the boundaries of the paved City street, including sidewalks; and

(7) The property owner must document all actual costs in writing to the Public Works Director who shall then determine the amount to be reimbursed to the property owner. Documented costs must include only those costs outlined in item (2) above; and

The City shall be responsible for all costs associated with the repair of structural failures caused by traffic or movement due to frost to a sewer lateral which is under paved City streets or sidewalks. In all other cases the sewer lateral is the responsibility of the property owner. Furthermore, in no event shall the City be responsible for costs associated with damages resulting from the operation of the building lateral or repairs completed.

The owner shall be responsible for all costs incurred by the City for work completed under a sewer maintenance request if the work was required for the removal of user related obstructions. This includes costs associated with damage from root obstructions. Payment due the City will be determined as detailed in the sewer maintenance request.

The City will provide a video inspection of a sewer lateral at the request of the building owner provided the owner agrees to reimburse the City the full cost of the video for a maximum pipe length of 100 feet. The cost will be waived if the video documents that the problem with the sewer lateral is a structural failure within the right of way.

The size, slope, alignment, materials of construction of a sewer lateral, 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, DES Rules Env-Ws 700 or other applicable rules or regulations of the City and shall be approved by the Public Works Director.

Proposed new discharges from residential or commercial sources involving loadings exceeding 50 population equivalents (5,000 gpd), any new sewage, or any alteration in either flow or waste characteristics of existing industrial wastes that are being discharged into the POTW must be approved by DES. A sewer connection permit request form for any proposed sewerage, whether public or private; any proposed wastewater connection or other discharge in excess of 5000 gallons per day; any proposed wastewater connection or other discharge to a wastewater treatment facility operating in excess of 80% design flow capacity; any proposed connection or other discharge of industrial wastewater, regardless of quality or quantity. An industrial wastewater discharge request application for new or increased loadings of industrial waste in accordance with Env-Ws 904.10.

Whenever possible, the sewer lateral shall be brought to the building at an elevation below the basement floor. In all buildings in which any building sewer lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer lateral shall be lifted by an approved means and discharged to the sewer lateral.

The connection of the sewer lateral, building sewer outlet and connections into the public sewer lateral shall conform to the requirements of the building and the plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual 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 Public Works Director before installation.

The applicant for the sewer lateral permit shall notify the Public Works Director when the sewer lateral is ready for inspection. The connection between the building and the sewer lateral and the connection to the public sewer or existing lateral, as well as the entire sewer lateral, shall remain uncovered until approved by the Public Works Director, or his designee.

All excavations for sewer lateral 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.

Any property owner aggrieved by any portion of this article shall first attempt to resolve the grievance through the Public Works Director. If the concerns cannot be satisfactorily resolved through the Public Works Director, the property owner may submit a written appeal to the City Manager. If the concerns cannot be resolved through the City Manager, the property owner may submit a further written appeal to the City Council, which shall make a determination in the matter. The City Manager and City Council reserve the right to take no action on any appeal which is not submitted in writing or which has not first been discussed with the Public Works Director.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. No person shall make connection of roof downspouts, exterior or interior foundation drains, areaway drains, or other sources of surface run-off, or groundwater to a sewer lateral or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Storm water and all other surface or groundwater drainage shall be discharged to storm drains or to a natural outlet approved by the Public Works Director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Public Works Director, to a storm drain, or natural outlet.

(2) Any water or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. All discharges containing toxic materials shall be regulated as provided in section 16-94.

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference 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) Solid or viscous substances including water or wastes containing fats, wax, grease, or oils, whether emulsified or not, or containing substances that may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees (0-65 degrees C), in amounts that will cause obstruction of the flow in the POTW resulting in interference.

(6) Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), or chlorine demand requirements released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW.

(7) Wastewater having a temperature greater than 150°F (65°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that causes the temperature at the introduction into the POTW treatment plant to exceed 104°F (40°C).