CityofThomasville Council Meeting, May 28, 2024  The Council of the City of Thomasville met in regular session on the; above date. Mayor Todd Mobley presided, and the following Councilmembers were present: Mayor Pro Tem Terry Scott and Councilmembers Scott Chastain, and Royal Baker. Also present were thel Interim City Manager, Chris White; Assistant City Manager, Sheryl Sealy; City Attorney, Timothy C. Sanders; other city staff; citizens andi members ofther media. Itist recorded that Councilmember Lucina Brown was absent. The meeting was held in Council Chambers at City Hall, located at 144 East Jackson Street, Thomasville, Georgia. Simultaneous access tot the meeting was provided to those members of the media and citizens unable to attend the meeting via the City of Thomasville's online live stream feed located at  www.homasylleorg CALLTOORDER INVOCATION  Mayor Todd Mobley called the meeting to order at 6:00 PM. Councilmember Lucinda Brown gave the Invocation. Mayor Pro Tem Terry Scott ledt the Pledge of Allegiance.  PLEDGE OF ALLEGIANCE APPROVALOFI MINUTES  Mayor Pro Tem Scott moved to approve the Regular Meeting Minutes of May 13,2024, as presented. Councilmember Chastain seconded the motion. There was no discussion. The motion passed 4-0, with the following votes recorded:  AYES: Mobley, Scott, Chastain, and Baker. CITIZENS TOBEHEARD  Mayor Mobley acknowledgedi the following citizen as listed on the Citizens to be Heard Sign-In Form: 1. Carroll Cooper, resident of! Nottingham Drive, Thomasville, Georgia, voiced concerns about water intrusion on his property due to stormwater drainage. He noted it seemed as though most of the water was coming from Cherokee Lake when there were large rains; however, there seems to: also be water standing in the ditch a. Mayor Mobley asked Interim City Manager White if he was aware of the issue. Interim City Manager White acknowledged that Mr. Cooper has çontacted the city numerous times regarding his conçerns. However, this issue rélates to a drainage ditch located on private property and the City's Engineering Department has been working on options that willi resolve thei issue, toi include potential  all the time and the city should dos something to resolve thisi issue for him.  easements. It was noted that the process will take several weeks to finalize.  ADOPTAGENDA and Baker. OLD BUSINESS  Councilmember Chastain moved to approve the agenda as presented. Councilmember Baker seconded the motion. There was no discussion. The motion passed 4-0, with the following votes recorded: AYES: Mobley, Scott, Chastain,  Second reading of an ordinance to enact a new Chapter 23, captioned "Parks".  City Attomey, Timothy C. Sanders reported there have been no changes to the ordinance since its passage on first reading. Itwas noted that City! has maintained an internal, administrative process for addressing certain uses ofparks, ranging from reserving picnic pavilions and athletic fields to permitting large scale organized activities in parks.  City of1 Thomasville  City Council Mceting Minutes, May 28, 2024  Page Lof9    Unfortunately, aj pattem ofmisuse of the parks and) park facilities has developed, ranging from instances of vandalism of bathroom façilities to the theft of ornamental plants planted by the city, The ordinance will provide both a framework for the already established administrative procèsses and promote the proper use and presérvation oft the Mayor Pro Tem Scott moved to order the ordinance to enact à new Chapter 23, captioned "Parks", as read for the second time, passed and adopted as presented. Councilmember Chastain seconded the motion. There was no discussion. The motion passed 4-0, with the following votes recorded: AYES: Mobley, Scott, Chastain, and Baker.  City's parks.  The: adopted ordinance follows.  ORDINANCE NO.: ORD-10-05282024  AN ORDINANCE TO AMEND THE CODE OF THOMASVILLE, GEORGIA, BY (1) ENACTING A NEW CHAPTER 23, CAPTIONED "PARKS"; (2) REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND (3) PROVIDING FOR THE EFFECTIVE  DATE OF THIS ORDINANCE. ANDI FOR OTHER PURPOSES.  SECTIONI  BE IT ORDAINED by the Council for the City ofThomasville, Georgia, and it is hereby ordained by the authority of the same, that a new Chapter 23, captioned "Parks" is hereby enacted "Sec.23-1.-1 Purpose. Thej purpose ofthis Chapter ist to promote proper use and protect and preserve the recreational, cultural and natural featurés of the City parks and park property for the enjoyment "Motor Vehicle" means any vehicle that is self-propelled by any means whatsoever, including all devices in, upon, or by which any person or property may be transported or drawn, including but not limited to golf carts, PTVS, ATVs, excluding however, wheelchairs or other ambulatory "Park, Public Park, Park. Property or City Park Properb" means any property owned, managed, controlled, or operated by the City and delineated or dedicated as a park in the City. Hereinafter, all "Parking or Parked" means permitting ar motor vehicle to1 remain standing, whether occupied or not, "Parking Area or Parking Lot" means any off-street area, whether paved or not, which is designed "Person" any individual, firm, partnership, association, corporation, limited liability company, "Rules and Regulations" written policies, procedures, rules and regulations, and amendments thereto, concerning the use and maintenance of Township parks and park property, dèveloped and adopted by the City Manager or his/her designee, at the direction of the City Manager, copies of  to provide as follows: andi use of all citizens. Sec, 23-2.- - Definitions.  assistance devices or deyices moved exclusively by human power. such areas are referred to as a "Park" or "Parks" in this Chapter.  when not loading or unloading, for parking of motor vehicles.  company, organization, trust, or any group or gathering ofindividuals.  which are available to the public upon request.  Sec. 23-3. Reservation of Park Facilities; Park Use Permits; Fees; Revocation. (a) The City, may permit Parks and Park facilities to be reserved fori use at a particular time, subject to the procedures, rules and regulations, conditions and requirements for reservation of facilities that may be established and approved: from time tot time by the city manager.  City of' Thomasville  City Council Meeting Minutes, May: 28,2024  Page2 2of9    (b) In the absence of reservations, the use of any Park or Park facilities shall be on a (c) Athletic fields within any Parks shalll be reserved for organized competition and/or practice in accordance with the rules and regulations established and maintained by the City or the City's designee and shall only be used for organized competition and/or practice pursuant to a reservation made in accordance with the rules and regulations established by the City or the City's (d) Park facilities are intended for the use of the general public for recreational purposes, such as picnicking, exèrcise, use of playground equipment, nature study, and similar activities on an informal basis. A Park Use Permit shall be required for organized group activities, included but not limited to concerts and performances, and for uses that otherwise would not be allowed by this Chapter or any rules or regulations promulgated hereunder, The City may maintain a list of activities that require a Park Use Permit, which list may be updated from time-to-time by the City Manager or the designee oft the City Manager at the direction of the City Manager, (e) Al Park Use Permit may bei issued by the City Manager or the designee ofthe City (I) the façilities requested haye not been reserved for other use on the date and time period requested in the application and that the proposed activity will not otherwise conflict that appropriate safety precautions willl be taken and as may be required in connection (4) that the activity will not unreasonably interfere with the use of the Park and neighboring property by others and willi not unreasonably interfere with or detract from (5) that there willl be adequate security against damages to the City or the property oft the City, including but not limited to the requirement that the: applicant agree toj indemnify and hold harmless the City and/or provide liability insurance naming the City as an additional insured, as may be reasonably required in consideration of the facts and (6) that the proposed activity will not entail extraordinary or burdensome expense or 7) that the proposed activity or use oft the park or recreation facility is not reasonably anticipated to incite violence, crime, or disorderly conduct; and 8) that thej proposed activity will comply with ther requirements oft this Chapter, the Code ofOrdinances oft the City, and all applicable rules andi regulations adoptedi thereto, and () An application for al Park Use Permit shall be made on the forms and according toi the guidelines provided by the City. The application shall be accompanied by the necessary fees andi information specified in this Chapter and by rules andi regulations made pursuant to this Chapter. (g) The City may charge a fee for use ofa a Park or Park facility, or for a Park Use Permit. Such fees shall be set by the City Council and maintained in the office oft the Clerk oft the (h) The City Manager or the City Manager's designee shall have the authority to revoke any Park Usel Permit upon finding ofany material misrepresentation: madei in any application foral Park Use Permit, any violations of conditions placed upon the issuance ofa any Park Usel Permit, any violation oft this Chapter, any rules andi regulations made pursuant to this Chapter, the Code of Ordinances ofthe City, any State or local laws, or upon any other good cause shown. () The City Manager, or the City Manager's designee shall have the authority to cancel an activity for which a Park Use Permit has been issued due to special circumstances, order any person or persons acting in violation of this Chapter, any rules and regulations made pursuant to this Chapter, any conditions placed upon the issuance ofa any Park Use Permit, the Code of Ordinances oft the City, any State or local laws, or upon any other good cause shown.  first come-first served basis.  designee.  Manager, taking into consideration the following:  with existing Park activities and services; that adequate sanitary facilities willl be provided; with issuance oft the permit;  the promotion of public health, welfare, safety and recreation;  circumstances surrounding the proposed activity; police operations or protection by the City;  all other State and loçal laws,  City.  including but not limited toi inclement weather,  G)  The City Manager, or the City Manager's designee, shall have the authority to  City of Thomasville  City Council Meeting Minutes, May: 28, 2024  Page3of9    Sec. 23-4. - Hours of Use. This section establishes hours during which Parks are open for public use and closed during set hours to discourage the misuse of Parks, including but not limited to loitering, littering, vandalism, illegal activities, such as illegal drug use and sales of illegal drugs, and other nuisances and illegal activities Parks shall be open for use by the public only between sunrise and sundown, unless otherwisè posted; provided, however, that for programs or events sponsored or approved by the City, or for which a City permit has been issued, such hours of operation may be extended during any such program or event for the hours approved andj permitted, including for aj period of one (1)hour following the conclusion of suchi program or event as approved and permitted. Signs stating park hours shall be posted prominently in each park.  Sec. 23-5,-I Destruction of Park Property.  (a) It shall be unlawful for any person to damage, deface, destroy, disfigure, injure, tamper with, or displace any Park, Park facilities, or Park features, including but not limited to: buildings, bridges, tables, benches, fences, pavement, utilities or utility lines, or any parts or appurtenances thereto; signs, notices, or placards; monuments, stakes, posts or other boundary markers; historic, or cultural resources or artifacts; or playground equipment, other structures or (b) It shall be unlawful for aj person to deposit or cause to be deposited in any drain, pond or other body ofwater within or adjoining al Park any foreign material or chemicals that would (c) Its shall be unlawful for any person to misuse, damage, cut, carve, transplant or remove any trees, shrubs, flowers, or other plant; or attach any rope, wire, chain, or other object to any tree or shrub; provided however, hammocks or recreational devices such as slacklines may be temporarily attached to trees while they are in use provided they do not damage the tree to which Sec. 23-6.- - Refuse, Trash and) Litter, It shalll be unlawful for any person to dump, deposit, or leave any bottles, glass, ashes, paper, boxes, cans, cartons, dirt, rubbish, waste, garbage, or other trash, except that which is incidental to the intended use of the Park. Refuse, trash and litter generated Sec. 23-7.-Motor Vehicle use and Parking. No person shall operate or park motor vehicles of any kind in or through Parks except on designated roads and within parking areas designated for motor vehicle use andj parking, This provision shall not preyent City motor vehicles from entering off-road  equipment.  pollute the water or potentially cause harm to marine life or public health.  they are attached and) must be removed immediately upon such use ceasing.  during proper use ofthe Park shall be deposited in trash receptacles.  areas toj perform maintenance, police, or other City work. Sec. 23-8. - Dogs, Cats and Other Pets. fields located in any Parks..  (a) Dogs, cats, and other domestic animal pets may. be brought upon Park property, provided however, dogs, cats, and other doméstic animals shall notl be permittedi in or on any athletic (b) Any dog, cat or other pet shall be kept under control in the manner proscribed by (C) All feces deposited by a dog or other pet on any public footpath, athletic field, or othera area frequented byt thep public, shalll be disposed ofinas sanitary manner by the person in control  Chapter 4, Article II, Animal Control, of the Code of Ordinances of the City.  oft the dog or other pet. Sec: 23-9.-Fires.  (a) No person shall intentionally and willfully set, or cause tol be set on fire, any tree, woodland, brush land, or grass within any Park, except with respect to City personnel or contractors (b) No person shall intentionally and willfully drop, throw, or otherwise scatter lighted matches, burning cigars, cigarettes, tobacco paper or other materials that could reasonably (c) No person shall build, light, or kindle any fire within Park property except in grills. Grills must be continuously supervised and maintained by a competent adult at all times  ofthe City in connection with authorized work in any Park.  be expected to cause a fire in a Park. and thoroughly extinguished after use.  City of Thomasville  City Çouncil Meeting Minutes, May: 28, 2024  Page 4of9    Sec. 23-10.  Swimming. Noj person shall swim, bathe, ore enter into any drain, pond, or other body Sec. 23-11, - City Personnel. Nothing in this Chapter shall be construed as prohibiting City employees or contractors of the City from performing work or activities in any Park at at time and Sec. 23-12. - Emergency Powers. The city manager may establish emergency rules and procedures necessary to protect the health, welfare and safety of Park visitors and to protect Park property, including, but not limited to, ordering all persons off] Park property. and closing all or any portion of Sec, 23-13. - Penalties. A person who violates this Chapter shall be guilty ofa misdemeanor and upon conviction thereofs shall be punished in accordance with section 1-70 oft this Code."  ofwater located within Park property,  ina an manner directed or otherwise authorized by the City.  aPark.  SECTIONII SECTION II  This ordinance shall be effective on the date of its final reading and passage.  BE IT FURTHER ORDAINED all ordinances or parts of ordinances in conflict herewith.  are hereby expressly repealed.  SECTIONIV  BE ITI FURTHER ORDAINED and it is hereby declared tot the bei intention of the Mayor and Council oft the City ofThomasville that all sections, paragraphs, sentencès, clauses, and phrase oft this Ordinance are: and were, upon their enactment, believed by the Mayor and the Council tob be  fully valid, enforceable, and constitutional.  SECTIONV  BEI IT FURTHER ORDAINED and iti is hereby declared by the Mayor and the Council of the City of Thomasville that () to the greatest extent allowed by law, each and every section paragraph sentence, clause or phrase of this Ordinance is severable from every other section paragraph sentence, clause or phrase oft this Ordinance and (ii) that to the greatest extent allowed) by law, no: section paragraph, sentence, clause or phrase ofl his ordinance is mutually dependent upon  any other section paragraph, sentence, clause or phrase ofl his ordinance.  SECTIONY VI  BE ITFURTHER ORDAINED and it isl hereby declared that in the event that any phrase, clause, sentence, paragraph or section ofthis ordinance! shall, fora any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid, judgement or decree of any court of competent jurisdiction, it is the express intent of the Mayor and the Council of the City of Thomasville that such inyalidity, unconstitutionality or unenforceability, shall, to the greatest extent allowed by law, not renderi invalid) unconstitutional. or otherwise unenforceable any oft thet remaining phrases, clauses, sentences, paragraphs or section of the Ordinance and that to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs or sections of this ordinance  shall remain valid, constitutional, enforceable, and of full force and effect..  City of Thomasville  City Council Mecting Minutes. May 28, 2024  Page 50f9    SECTIONVII  This ordinance was introduced and read ata a lawful meeting oft the City council for the City of'Thomasville, Georgia, held May 13, 2024; and read the second time, passed and adopted in like  meeting held on May 28, 2024.  Second reading of an ordinance to amend Section 4-29, captioned "Prohibited Acts" of Article II, Animal City Attorey, Timothy C. Sanders reported there have been no changes to the ordinançe since its passage on first reading. It was noted that this ordinance addresses concerns about animals being present in parks and under what Councilmember Chastain moved to order the ordinance to amend Section 4-29, of Chapter 4 captioned "Animals", as read for the second time passed and adopted as presented. Councilmember Baker seconded the motion. There was no discussion. The motion passed 4-0, with the following votes recorded: AYES: Mobley, Scott, Chastain, and Baker.  Control, Chapter 4 Animals.  conditions.  The: adopted ordinance follows.  ORDINANCE NO.: ORD-II-05282024  AN ORDINANCE TO AMEND THE CODE OF THOMASVILLE, GEORGIA, BY (1) AMENDING SEÇTION 4-29, CAPTIONED "PROHIBITED, ACTS,"OF ARTICLEIL,ANIMAL CONTROL, CHAPTER 4, ANIMALS; (2) REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND (3) PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE  ANDI FOR OTHER PURPOSES,  SECTIONI  BE IT ORDAINED by the Council for the City ofThomasville, Georgia, and it is hereby ordained by the authority oft the same, that Section 4-29(a) of Chapter 14, captioned "Animais" is "(a)) I: shall be unlawful for the owner ofany dog or cat to allow, cause or permit such dog or cat to enter any public hall, restaurant, ice cream parlor, soft drink parlor, or any office or store during such time that such office or store is open for public business, unless thec dogs or cats are on: a secure leash not more than ten feet in length. Owners of dogs or cats may allow, cause, or permit such dog or cat to enter city parks as long as the dogs or cats are on; as secure leash not more than ten feet in length:provided however, dogs. cats or other domestic animals shall not be permitted in or onany athletic fields located in any Parks, as that term is defined in Ordinance Sec. 23-2 of the Code of Ordinances of the City-with the MePIPeFNeemnE. Park Spa-Cempihware - imited-te, depksandhmesaihepmahbisiaa times. FurtherPovidedhoweve: and notwithstanding any provision in this chapter to the contrary, dogs shall be allowed to be offal leash inside the fenced aréas of the city dog park, located at 415  hereby amended provide as follows:  South Pinetree Boulevard."  SECTIONI SECTIONIII  This ordinance shall be effective on the date ofi its final reading and passage.  BE IT FURTHER ORDAINED all ordinances or parts of ordinances in conflict herewith  are hereby expressly repealed.  City ofThomasville  City Council Meeting Minutes, May 28, 2024  Page 6of9    SECTIONIV  BE ITFURTHER ORDAINED andi it is hereby declared to the be intention of the Mayor and Council oft the City of Thomasville that all sections, paragraphs, sentences, clauses, and phrase of this Ordinance are and were, upon their enactment, believed by thel Mayor and the  Council to bei fully valid, enforceable, and constitutional.  SECTIONV  BE ITI FURTHER ORDAINED andi it is hereby declared by thel Mayor and the Council of the City of Thomasville that () to the greatest extent allowed by law, each and every section paragraph sentence, clause or phrase of this Ordinance is severable from every other section paragraph sentence, clause or phrase of this Ordinance and (ii) that to the greatest extent allowed by law, no section paragraph, sentence, clause or phrase of his ordinance is mutually dependent upon  any other section paragraph, sentence, clause or phrase of his ordinance.  SECTIONVI  BE IT FURTHER ORDAINED and iti is hereby declared that in the event that any phrase, clause, sentence, paragraph or section ofthis ordinance shall, for any reason whatsoever, bec declared invalid, unconstitutional or otherwise unenforceable by the valid judgement or decree of any court of competent jurisdiction, it is the express intent of the Mayor and the Council of the City of Thomasville that suchi invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid unconstitutional or otherwise unenforceable any of the remaining phrases, clausés, sentences, paragraphs or section of the Ordinance and that to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs or sections of this ordinance  shall remain valid, constitutional, enforceable, and oft full force and effect.  SECTION VII  This ordinançe was introduced and read ata al lawful meeting ofthe City council fort the City ofThomasville, Georgia, held May 13,2024, and read the second time, passed and adopted in like  meeting held on May 28, 2024.  Second reading of an ordinance to amend Chapter 14, captioned "Sewerage",  Assistant Utilities Superintendent, Eric Gossett reported there had been no changes to the ordinance since its passage on first reading. It was noted that the ordinance provides Chapter 14, captioned "Sewerage", to be better aligned with the City of Thomasville's business practices; State and Federal Regulations; and the Environmental Protection Agency's policies and regulations. It was further noted that due to the number of amendments toi the ordinance, this ordinance provides for a deletion of the current Chapter 14, and replacement with this new Chapter 14, captioned Mayor Pro Tem Scott moved to order the ordinance to amend Chapter 14, captioned "Sewerage" as presented. Councilmember Chastain seconded thes motion. There was no discussion. The motion passed 4-0, with the following The adopted ordinance title follows, and the ordinançe in its entirety will be made a part of the permanent record of  'Sewerage".  votes recorded: AYES: Mobley, Scott, Chastain, and Baker.  this meeting'sn minutes.  ORDINANCE NO.: ORD-12-05282024  AN ORDINANCE TO AMEND THE CODE OF THOMASVILLE, GEORGIA, BY (1) DELETING CHAPTER 14, CAPTIONED "SEWERAGE," IN ITS ENTIRETY. AND REPLACING ITWITHAT NEW CHAPTER 14, CAPTONED'SEWERAOEPOREPEALING  City ofThomasville  City Council Mecting Minutes, May 28 2024  Page7 7of9    ALL ORDINANCES IN CONFLICT HEREWITH; AND (3) PROVIDING FOR THB EFFECTIVE DATE OF THIS ORDINANCE, AND FOR OTHERI PURPOSES.  NEW BUSINESS  Resolution to appoint alternate voting delegates for Municipal Gas Authority of Georgia (MGAG). Assistant Utilities Superintendent, Eric Gossett reported the alternate voting delegate for thel Municipal Gas Authority of Georgia (MGAG) is currentiy Sheryl Sealy, Assistant City Manager. The alternate voting delegate needs to be updated due to changes inj personnel, The primary voting delegate will remain Mayor Todd Mobley, It has been recommended that the individuals as appointed to the following City of Thomasville titled positions be appointed as the replacement alternate voting delegates: City manager, Assistant City Manager, Utilities Superintendent and the Councilmember Chaston moved to approve the resolution as presented. Mayor Pro Tem Scott seconded the motion. There was no discussion. The motion) passed 4-0, with the following votes recorded: AYES: Mobley, Scott, Chastain,  Assistant Utilities Superintendent.  and Baker.  The adopted résolution follows.  RESOLUTION  BE IT RESOLVED, by the Mayor and City Council oft the City of Thomasville, Georgia that the individuals as appointed to the following City of Thomasville titled positions are hereby appointed to serve as this City's alternate voting delegates on the Municipal Gas Authority of Georgia's Election Committee, with authority to cast votes to which this City is entitled:  City Manager Assistant City Manager Utilities Superintendent Assistant Utilities Superintendent This 28h day of May, 2024.  Motion to confirm and award grant to Thomasville Community Development Corporation (TCDC) in the amount of $50,000 for TCDC's Neighborhood Improvement Grant Program and to authorize the Mayor to Interim City Manager, Chris White reported the Thomasville Community Development Corporation had submitteda letter of request for the TCDC's Neighborhood Improvement Grant Fund. The Neighborhood Grant Fund is administèred by the TCDC and all city funding will be used as direct assistance for neighborhood improvement projects. Itwast noted that all grants funded will continue tol be within the boundaries ofthe Traditional Neighborhoods URA, with a focus on Stevens Street Historic District and Fletcherville with the guidance ofa a neighborhood grant committee and be used for Home Improvement Grants, Neighborhood Activities Grants and Commercial Façade Councilmember Chastain moved to confirm and award the grant to the TCDC int the: amount of $50,000 for TCDC's Neighborhood Improvement Grant Program and to authorize the Mayor or Maor Pro Tem to execute the grant agreement as presented. Councilmember Baker seconded the motion. It was noted that TCDC would be required to provide a follow-up on how the money was spent. There was no further discussion. The motion passed 4-0, with the  execute a Grant, Agreement between the City ofThomasville: and the' TCDC.  Grants,  following votes) recorded: AYES: Mobley, Scott, Chastain, and Baker.  REPORTS  City ofThomasvile  City Council Meeting Minutes, May 28, 2024  Page 8of9    There were no reports provided at this meeting.  ADJOURNMENT  Having no additional business for consideration at this meeting, the City Council Meeting was adjourned at 6:11 PM.  CITYC OF THOMASVILLE, GEORGIA ALMLeL - Mayor, Todd Mobley  Mliia Bancn  ATTEST: City Clerk  [seal)  City of Thomasville  City Council Mecting Minutes, May: 28, 2024  Page9of9    ORDINANCE TO AMEND CHAPTER 14, "SEWERAGE"  Second Reading May 28, 2024  Page 1of35  ORDINANCE NO.: ORD-12-05282024  AN ORDINANCE TO AMEND THE CODE OF THOMASVILLE, GEORGIA, BY (1) DELETING CHAPTER 14, CAPTIONED "SEWERAGE," INI ITS ENTIRETY AND REPLACING IT WITH: A NEW CHAPTER 14, CAPTIONED "SEWERAGE," (2)) REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND (3) PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE ANDI FOR OTHER PURPOSES.  SECTIONI  BEI IT ORDAINED by the Council for the City of Thomasville, Georgia, and it is hereby ordained by the authority oft thes same, that Chapter 14, captioned "Sewerage" is hereby deleted ini its entirety andr replaçed with anew.  Chapter 14, also captioned "Sewerage" toj provide as follows:  "Chapter 145 SEWERAGE ARTICLELI IN GENERAL  Sec. 14-1. Purpose andj policy.  (a) This chapter sets forth uniform requirements for use of sewers in the city and for both direct and indirect (b) This chapter provides for the regulation of direct andi indirect contributors tot the municipal wastewater system, authorizes monitoring and enforcement activities, and provides for the setting ofi rates for the equitable distribution ofo costs resulting from they program established byt this chapter. This chapter shall apply to the city and toj persons outside the city who, by contract or agreement with the city, are users oft the waste collection  contributors into the wastewater collection andt treatment system.  and treatment system. Sec. 14-2. Definitions.  The following words, terms and phrases, when used in this chapter, shall have the) meanings ascribed to them Act or the Acti means the Federal Water Pollution Control. Act, Public Law 92-500, as now orl hereafter Approval authorily means thes state department of natural resources, environmental protection division (EPD).  int this section, except where the context clearly indicates a different meaning; amended, alsol known as the Clean' Water Act, 33 USC 1251 et seq- Authorized representative afthe user means: (1) Ifthe user isa a corporation:  a. The president, secretary, treasurer, or a vice-president of the corporation in charge ofay principal business function, or any other person whoj performs similar policy or decision- making functions The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons orl having gross annual sales or expenditures exceeding $25,000,000,00 (in second-quarter 1980 dollars), if authority tos sign documents has been assigned or delegated to the  for the corporation; or  manager in accordance with corporate procedures;    ORDINANCE: TO AMEND CHAPTER 14, "SEWERAGE',  Second Reading May, 28, 2024  Page2of35  (2) Iftheu user is aj partnership or sole proprietorship: a general partner orj proprietor, respectively; (3) Iftheu user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation andj performance of the activities oft the government facility, ort their (4) The individuals described in subsections (1) through (3) ofthis definition may designate another authorized: representative ift the authorization isi in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having responsibility for environmental matters for the company, and the authorization is submitted to Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in thel biochemical oxidation of organic matter unders standard laboratory procedure in five days at 20 degrees centigrade, expressed as milligrams Building drain means that] part of thel lowest horizontal piping ofa drainage system which receives the discharge from waste pipes inside the walls of the building and conveys it to1 the building sewer, beginning ten feet Building. sewer means the extension from a building drain tot the public sewer or other place of disposal. Chemical oxygen demand (COD) means the oxygen-consuming capacity of organic andi inorganic matter using Commercial user means any premises or person, other than a domestic user, who discharges compatible wastewaters to the public sewers which are domestic strength waste and similar ini nature to domestic sewage (see Compatible, pollutant means the constituents oft biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus any additional pollutants identified in the applicable NPDES permit where the POTWis Commection, fee means a fee charged to developments or landowners that are increasing existing sewer usage, Construction cost means any costs associated with thei installation of sewers system components that are outside oft the scope ofat tap fee, which includes buti is not limited to additional materials, labor, or equipment. Cooling water means they water discharged from any use such as air conditioning, cooling or refrigeration, to Customer means ay water service customer, but may also include at user oft the wastewater treatment system Domestic strength waste means any compatible wastes which have ar maximum daily concentration three hundred (300) milligrams/liter five (5) day BOD or fourl hundred (400) milligrams/liter of suspended solids. Domestic user means premises or aj person who discharges wastewaters tot the public sewers consisting of fecal matter, urine, wash andi rinse water which closely match normal sewerage as tos strength, and with a volume  designee;  the city.  perl liter.  outside the inner face oft the building wall,  astrong oxidizing agent, expressed as milligrams per liter.  Domestic user), but which do not exceed 600,000 gallons per month. designed to treats such pollutants to the degree required by thel NPDES permit.  asac condition of connecting tot the City's sewer system.  which the only pollutant added is heat. where appropriate.  Daily maximum: means thei maximum value of any sample collected.  that does not exceed: 25,000 gallons per month.  Effluent means the discharged flow ofat treatment façility.  Environmental. Protection, Agency (EPA) means the Environmental Protection Agency oft the United States. EPA user charge means that portion oft thet total sewer bill which is attributable to thei implementation ofthe EPA user charge system as set forthi in this chapter. Such rates include collection, operation, maintenance, and  replacement expenses as set forth ini this chapter.    ORDINANCE TO AMEND CHAPTER 14, "SEWERAGE"  Second Reading May 28, 2024  Page3 of35  Existing source is any source of discharge, the construction or operation of which commenced priort toi the publication by the EPA of proposed categorical pretreatment: standards, which will be applicable tos such sourcei if Garbage means solid wastes from the domestic and commercial preparation, cooking or serving off food or the Grab sample means as sample, which is1 taken from a waste stream without regard to the flow ini the wasté Impact fee means a ai fee charged to the developer or landowner when upgrades to thes sewer system are required to support the expansion or upgrade of an existing structure's sewer requirements or the construction of Incompatible, pollutants means all pollutants pther than compatible pollutants, as definedi in this section. Industrial user means ani industry which discharges wastewaters having the characteristics ofi industrial wastes, as distinguished from commercial wastes or domestic wastes, or having at total discharge volume in excess Influent means the wastewaters arriving at the POTW: for treatment and those structures associated with its Interference: means a discharge, which alone or in conjunction with à discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations ori its sludge processes, use or disposal, and therefore, isa a cause ofa violation oft the city's-NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any ofthe following statutory/regulatory provisions or permits issued thereunder, or any more stringent state orl local regulations: section 405 of the Act; the Solid Waste Disposal Act, including titlel II commonly referred to as thel Resource Conservation and Recovery. Act (RCRA); any states regulations contained in any state sludge management; plan prepared pursuant to subtitle D ofthe Solid Waste Disposal Act, and the Marine  the standard is thereafter) promulgated in accordance with section 307 ofthe Act.  handling, storage ands sale of produce.  stream and over ap period oft time not to exceed 15 minutes.  new sources.  of25,000 gallons per day. initial treatment.  Protection, Research, and Sanctuaries, Act. May means permissive, not mandatory,  Monthly average means the mathematical mean ofvalues for samples collected in a period of 30 consecutive National categorical, pretreatment. standards or pretreatment. standards mean any, regulation containing pollutant discharge limits promulgated by thel EPAI in accordance with section 307(b) and (c) ofthe Act (33 USC National pollutant discharge elimination: syslem (NPDES) permit means aj permit issued pursuant to section Natural oulet means any outlet, including storm: sewers, which flows into a watercourse, pond, ditch, lake, or (1) The term' "new source": means any building, structure, facility, ori installation from which there is (or may be) a discharge of pollutants, the construction ofwhich commenced after thej publication of proposed pretreatment standards under section 307(c) ofthe Act, which will be applicable to suchs source ifsuch standards are thereafter promulgated in accordance with that section, provided that: Thel building, structure, facility, or installation is constructed at a site at which no other source is 0. The building, structure, facility, or installation totally replaçes thej process or production equipment that causes the discharge of pollutants at an existing source; or  days.  1317(b), (c)) which applies to a specific category ofi industrial users. 402 of the Clean Water Act (33 USC: 1342) as amended. other body ofs surface or ground water. New source.  located;    ORDINANCE TOAMEND CHAPTER 14, "SEWERAGE",  Second Reading May 28, 2024  Page4of35  The) production or wastewater generating processes of thel building, structure, facility,or installation is substantially independent of an existing source at thes 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 (2) Construction on as site at which an existing source isl located results in a modification rather than a new source ift the construction does not create ai new building, structure, facility, or installation meeting the criteria of subsection (1)b or C oft this definition but otherwise alters, replaces, or adds tot the existing Construction ofai new source as defined under this definition has commenced. ift the owner or operator a. Begun, or caused tol begin as part ofa continuous on-site construction program: any placement, Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is neçessary for the plaçement, assembly, or installation ofnew  general type ofa activity as the existing source, should be considered.  process or production equipment.  has:  assembly, or installation oft facilities or equipment; or  source facilities or equipment.  Operation, maintenance and replacement costs means the costs of operations andi maintenance, to keep the treatment works in good repair and at design specifications. Thisi includes labor, supplies, utilities, chemicals, contractual services and general expenses, including installation andi repair ofe equipment, accessories or  appurtenances: necessary during the service life oft the treatment works.  Pass through means a discharge which exits the POTW into waters oft the United States in quantities or concentrations which, alone ori in conjunction with a discharge or discharges from other sources, is a cause ofa violation of any requirement oft the city's NPDES permit, including ani increase in the magnitude or duration ofa Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or pHI means the logarithm oft the reciprocal oft thel hydrogen-ion concentration. The concentration ist the weight Pretreatment or treatment. means the reduction oft the amount ofpollutants, the elimination of pollutants, or the alteration oft the nature of pollutant properties in wastewater to al less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewerage system. The reduction or alteration willl be obtained by physical, chemical or biological treatment processes, plant process changes, or by other means, except Properly shredded garbage means the wastes from the preparation, cooking and dispensing of foodt that have been: shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in Public, sewer means as seweri in which all owners of abutting properties have equal rights andi is controlled by Publicly owned treatment works (POTW): means a treatment works as defined by section 212 of the Act, 33 USC 1292. The term "publicly owned treatment works" includes any sewers that convey wastewater tot the POTW treatment plant, but does noti include) pipes, sewers or other conveyances not connected to a facility providing treatment. Thet term "POTW" shall alsoi include any sewers that convey wastewater to thel POTW from persons outside the city, who are, by contract or agreement with the city, users of the city's POTW.  violation.  assigns. This definition includes all federal, state, and local governmental entities.  ofhydrogen ions, in grams, per liter ofs solution.  as prohibited by 40 CFR part 403.  public sewers, with noj particle greater than one-halfinch: in any dimension.  public authority.    ORDINANCETO, AMEND CHAPTER. 14, "SEWERAGE"  Second Reading May 28, 2024  Page5of35  Sanitary sewer means as sewer which carries sewage and to which storm, surface and ground waters are not Septic tank means a sewerage holding tank fort thei individual treatment ofsewage utilizing perforated drain Service line means as sewer line extending from a sewer main to thel building or) premises served thereby. Sewage means a combination oft the water-carried wastes from residences, business buildings, institutions and Sewerage system means the: arrangement of deviçes ands structures used for collecting, pumping, treatment and  intentionally admitted. lines and porous drain fields.  industrial establishments, together withs such groundwaters as may be present.  disposing ofsewerage, or wastewater. Shall means mandatory. Significant industrial user means: (2) A user that:  (1) A user subject to categoriçal pretreatment standards; or  Discharges an average of25,000 gallons per day or more of process wastewater to the! POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); Contributes aj process waste stream which makes up five percent or more oft the ayerage dry weather hydraulic or organic capacity oft thel POTW treatment plant; or Isd designated as such by the city ont thel basis that ith has reasonable potential for adversely affecting thel POTW's operation or for violating any pretreatment standard or requirement.  Upon finding that a user meeting the criteria in subsection (2) oft this definition has no reasonable potential for adversely affecting thel POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative ori ini response to aj petition from al user, and in accordance with procedures in 40 CFR 403.8()(6), determine that such user: should not be considered a significant industrial Significant noncompliance. An industrial user isi in signifiçant noncompliançe ifits violation meets one or (1) Chronic violations ofwastewater discharge limits, defined as those in which 66 percent or more ofall thet measurements taken during as six-month period exceed (by any magnitude) the daily, maximum limit Technical review criteria (TRC) violations, defined as those in which 33j percent of all the measurements for each pollutant parameter taken during a six-month period equal or exceed thej product oft the daily maximum limit or the average limit multiplied by thez applicable TRC (TRC equals 1.4 for biochemica! oxygen demand, total suspended solids, fats, oila and grease, and 1.21 for all other pollutants except pH); (3) Any other violation ofaj pretreatment effluent limit (daily maximum or long-term average) that the control authority determines has caused, alone or in combination with other discharges, POTW interference or pass through (including endangering the health of POTW personnel or the géneral (4) Any discharge ofaj pollutant that) has caused imminent danger tol human health, welfare or to the environment or has resulted in al POTW's exercise ofits emergency authority to halt or prevent sucha (5) Failure to meet, within 90 days after the schedule date, compliance schedule milestone contained ina local mechanism or enforcement order (i.e., starting construction, completing construction, or attaining  user.  more of the following criteria:  or the average limit fori the same pollutant parameter;  public); discharge; final compliance);    ORDIMANCETOAMENDA CHAPTER 14, "SEWERAGE",  Second Reading May 28, 2024  Page 6of35  (6) Failure toj provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring: reports, and reports on compliance with (8) Any other violation or group of violations, which the control authority determines will adversely affect Slug means any discharge ofwater or wastewater which in concentration of any given constituent or in quantity of flow exceeds fora aj period of duration longer than 151 minutes more than five times the average 24-hour concentration of flows during normal operation and shall adversely affect the collection system and) performance of Standardi industrial classification (SIC) code means a classification pursuant to the Standard Industrial Standardi methods mean the examination and analytical procedures set forth in the most recent edition oft the Standard Methods for the Examination of Water and Sewerage, published jointly by the American Public Health Association, the American Waterworks Association, andt the Water Pollution Control Federation, or any analytical Storm sewer or storm drain means as sewer which carries storm and surface waters and drainage but excludes Suspendedsolids (SS) mean total suspended matter that either floats on thes surface of, or is in suspension in, water, wastewater, or other) liquids, andt that is removable by laboratory filtering as prescribed in Standard Methods Tapj feer means any costs associated with as service) line connecting from the main to the edge oft the right of way where the clean out connects tot the customer's servicel line. These costs will include but not be limited to all required connections for thes service line to the main, the service line piping from thes maint to upt to 50 feet within the right, clean out installation within the right of way, labor, equipment necessary to do the average service line, and Total: solids mean the sum of suspended matter, settleable matter and dissolved matter, both volatile and Toxic pollutant means any pollutant or concentration of pollutants listed as toxic in regulations promulgated by the EPA under the provisions ofsection 307(a) of the Clean Water Act, as now or hereafter amended, or other law, or any discharge into the treatment system which interferes with ther normal biological process of the treatment system or in some way reduces the efficiency oft the: system or causes special procedures to be necessary toj properly treat such discharge prior tol beingr received by the system sot that the cost ofs such disposal is increased. Unpolluted wateri means water of quality equal to, or better than the effluent criteria in effect, or water that would not cause violation ofreceiving water quality standards andy would notl bel benefited by discharge to the User means any person, business, corporation, or other entity which discharges wastes into the wastewater Wastewater means thes spent water, or sewage ofa community. From the: standpoint of source, it may be a combination of the liquid and water-carried waste from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, and stormwater that may be present. Wastewater treatment system means the structures, devices, equipment andj processes required to collect, carry away and treat domestic, commercial andi industrial wastewaters and dispose oft the effluent and sludge, and as used  compliance schedules.  Failure to accurately report noncompliance; or  the operation ori implementation oft the local pretreatment; program.  the wastewater treatment plant.  Classification Manual issued by the United States Office ofl Management and Budget.  procedure approved by U.S. EPA or contained in 40 ofCFR) part 136.  sewage andj polluted industrial wastes.  fort the Examination of Water: and Wastewater and referred to as nonfilterable: residue.  repair to the required excavation site.  nonvolatile.  sanitary sewers and wastewater treatment facilities provided. treatment system whether continuously or occasionally.  Utilities. superintendent means the utilities superintendent oft the city.    ORDINANCE! TOAMEND CHAPTER. 14, "SEWERAGE',  Second Reading May 28, 2024  Page 70f35  in this chapter shall include thej public sewers, pumping station, and all other facilities, equipment and appurtenances  now or hereafter owned, operated or used byt the city in connection therewith.  Sec. 14-3.) Limitation of agent's authority.  No officer, agent, or employee oft the city shalll have authority to bind the city by: any promise, agreement or representation in violation of this chapter and ther rules andi regulations promulgated. in accordance with this chapter.  Sec. 14-4. Amendment.  The city reserves the right at any time to alter, amend, or add to this chapter and to substitute other ordinances, rules and regulations therefore. Rates, fees and charges provided fori in this chapter shalll be subject to revision or increase ata any time, in the middle ofany billing period, retrospectively, tot the beginning of such billing period.  Secs. 14-5-14-26. Reserved.  ARTICLE. I. USE OF PUBLIC, SEWERS REQUIRED  Sec. 14-27. Deposit of unsanitary material prohibited. excrement, garbage or other objectionable waste.  It shalll be unlawful for any person to) place, deposit or permit tol be deposited in an unsanitary manner upon public or private property within the city, or in any area under thej jurisdiction ofthe city, any human or animal  Sec. 14-28. Discharge of untreated polluted water prohibited. provided in accordance with subsequent provisions oft this chapter. Sec. 14-29. Privies, septic tanks prohibited; exceptions.  Its shall be unlawful to discharge to any natural outlet within the city, or in any area under thej jurisdiction of the city, anys sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been  Except as otherwise provided: in this chapter, it shall be unlawful to construct or maintain any privy, privy vault, septict tank, cesspool, or other facility intended or used for disposal of sewage within the city limits; except where sewer service is not available. This provision shall not be construed tol prohibit the use ofportable facilities at construction sites and other temporary locations under exigent circumstances where the waste from such facilities is disposed ofi in a sanitary manner consistent with this chapter. The Georgia Department of Public Health permits all  septic tank systems where public sewer is unavailable.  Sec. 14-30. Occupied structures in proximity to sewer required to connect.  The owner ofa all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes within the corporate limits of the city and located within 2501 feet ofal line of public sanitary sewer to which such house, building or property may be connected so thats sewage will flow therefrom andi into such sewer line by gravity, is hereby required, at the owner's own expense, toi instali suitablet toilet facilities within such structures andt to connect such facilities directly with thej public sanitary sewer in accordance with the provisions of    ORDINANCE TO. AMEND CHAPTER. 14, "SEWERAGE",  Second Reading May 28, 2024  Page8af35  this chapter within 60 days after date ofo official notice to do so. An existing septict tank may remain in service so long: as iti is operating in an: acceptable manner. Failure of the septic tank system will result in mandatory connection  to thej public sewer system ifv within 2501 feet of public sanitary sewer.  Secs. 14-31-14-48. Reserved.  ARTICLE. II. PRIVATESEWAGEI DISPOSAL  Sec. 14-49. Required where public sewer not available.  Where aj public sanitary sewer: is not available under the provisions ofs section 14-30, the building sewer shall  be connected to aj private sewage disposal system complying with the provisions of this chapter.  Sec. 14-50. Permit.  Before commencement of construction ofaj private sewage disposal system, the owner shall obtain written confirmation from the City ofl Thomasville Engineering Department that public seweri is not within 2001 feet andi not available. The owner shall then secure a written permit forj private sewage disposal from the Georgia Department of Public) Health. The application for such permit shalll be made on: ai form furnished by the Georgia Department of Public Health, which the applicant shall supplement by any) plans, specifications and other information deemed  neçessary by the Georgia Department of Public Health.  Sec. 14-51. Inspection.  Aj permit for aj private sewage disposal system shall not become effective until the installation is completed to the satisfaction oft the Georgia Department of] Publicl Health. Confirmation ofi inspection andj permit compliance from the Georgia Department of] Public Health shall bej provided to the chief building official when the work is completed andi ready for use and such private sewage disposal system shall not be used or activated in manner whatsoever until the chiefl building official as received confirmation ofi inspection andj permit compliance from the Georgia  Department ofl Public Health.  Sec. 14-52. Compliance and Regulations.  (a) Henceforth, all septic tanks installed in the city shall meet the requirements oft the state department ofp public health's rules and regulations for individual sewage systems, Ga. Comp. Rules and) Regs. ch. 511-3-1.The percolation test prescribed andi required in the above rules and regulations must be madej priort to construction by the county health department and written certification of percolation furnished to the city. (b) Nos septic tank or cesspool shall bej permitted to discharge to any public sewer or natural outlet.  Sec. 14-53. Discontinuance of use.  At such time as aj public sewer becomes availablei toj property served by aj private sewage disposal system and such private sewage disposal system ceases toi function in as satisfactory manner, a direct connection shalll bes madet to thej public sewer in compliance with this chapter, and any septict tanks, cesspools ands similar private sewage disposal  facilities shall be abandoned: and removed or filled with suitable material.    ORDINANCE! TO AMEND CHAPTER 14,. "SEWERAGE'  Second Reading May 28, 2024  Page9of35  Sec. 14-54. Operation in sanitary manner. times, at no expense to the city.  Owners shall operate and maintain authorized private sewage disposal facilities in a sanitary manner at all  Sec, 14-55. Compliance with state regulations required. be imposed by the health or pollution control agencies oft the state.  No statement contained in this article shall be construed toi interfere with any additional requirements thati may  Sec, 14-56. Permit to discharge scavenger wastes; definition; discharge of chemical and industrial wastes (a). The city council may require a formal permit for the discharge of scayenger waste after submission of an application on forms supplied byt the city. The term' "scavenger wastes" means putrid or offensive matter, the contents ofa all privies, septic tanks and cesspools. All other materials and substances, chemicals or chemical compounds andi industrial wastes willy not be permitted to be discharged into the public sewerage system (b) The discharge oft the waste described in this section shall be made only at al loçation in the: sewage treatment plant as shall be designated by the city manager or the city manager's designee. (c) Scavenger waste will be admitted into thes sewage system only by permit and subject to payment ofat fee as set. by the city council and kept on file andi maintained in the office of the clerk of the city. (d) The applicant shall bet the owner oft thes vehicle discharging the waste., Any false, misleading or untruthful statements ast to thei nature oft the) material shalll be cause for rejection of any further discharge from the e) Discharge of scavenger wastes may also be suspended or terminated at any time by the city manager or the city manager'sd designee for willful, continued orj persistent violations oft these rules and regulations. Alle equipment, such as trucks, tanks, pumps, and hoses usedi in the collection and transportation ofs scavenger waste shall be modern equipment in good repair. When more than one vehicle is) used by an applicant, each  prohibited; fee,  except as otherwise provided int this chapter.  applicant.  vehicle shall bear an identifying number. (1) Name and address of applicant;  (g) All applicants for a permit shall furnish the following inforation with each application:  (2) Volume ofs scavenger waste for each numbered vehicle; and (3) Number of scavenger vehicles in collection service.  (h) The city manager or the city manager's designee shall require haulers ofindustrial waste to obtain wastewater discharge permits. The city manager or the city manager's designee may require generators ofl hauled industrial waste to obtain wastewater discharge permits. The city manager or the city manager's designee also may prohibit the disposal ofhauled industrial waste. The discharge ofhauled industrial waste is subject to all Industrial wastel haulers may discharge loads only at locations designated by the city manager or the city manager's designee. Nol loadi may be discharged without prior consent oft the city manager or the city manager's designee. The city manager ort the city manager's designee may collect samples of each hauled load to ensure compliance with applicable standards. The city manager or the city manager's designee may require the industrial waste hauler to] provide a waste analysis of any load prior to discharge.  other requirements oft this chapter.    ORDINANCE TOAMEND CHAPTER 14, "SEWERAGE",  Second Reading May. 28, 2024  Page. 100f35  (k) Industrial wastel haulers must! provide a waste-tracking form for every load. This form shall include, ata minimum, ther name and address oft thei industrial wastel hauler, permit number, truck identification, names and addresses of sources ofwaste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes arel RCRAI hazardous wastes.  Secs. 14-57--14-85. Reserved. Sec. 14-86. Permit required.  ARTICLEIV. BUILDING, SEWERSAND CONNECTIONS  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 chiefbuilding official.  Sec. 14-87. Permit classes; application.  (a) Classes established. There shall be two classes oft building sewer permits: (1): For residential and commercial service; and (2) Fors service to establishments producing industrial waste.  Ine either case, the owner shall make an application on a special form furnished by the city. Thej permit application shalll be supplemented by any plans, specifications or otheri information considered pertinent in the (b) Wastewater analysis. When requested by the city manager or the city manager's designee, al user must submit information on the nature and characteristics ofi its wastewater within 30 days oft the request. The city manager ort the city manager's designee is authorized toj prepare a form for this purpose andi may periodically require (1) Nos significant industrial user shall discharge wastewater into the POTW without first obtaininga a wastewater discharge permit from the city manager or the city manager's designee, except that a significant industrial user that has filed a timely application pursuant to subsection (d) of this section The city manager or the city manager's designee may) require other users to obtain wastewater discharge (3) Any violation of the terms and conditions ofa wastewater discharge permit shalll be deemed a violation oft this chapter and subjects the wastewater discharge permittee tot the sanctions set out in section 14-168. Obtaining a wastewater discharge permit does not relieve aj permittee ofi its obligation to comply with all federal and: state pretreatment: standards or requirements or with any other requirements of federal, state, (d) Wastewater discharge permitting, existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into thel POTW: prior tot the effective date oft the ordinance from which this chapter is derived and who wished to continue such discharges in the future, shall, within 30 days after said date, apply tot the city manager ort the city manager's designee for a wastewater discharge permit in accordance with subsection (f) oft this section, and shall not cause or allow discharges to thel POTWI to continue after 60 days oft the effective date of the ordinance from which this chapter is derived except in accordance with a wastewater discharge permit issued by the city manager or the city manager's designee.  judgment oft the chief building official. users to update this information. (c). Wastewater discharge permit requirement.  may continue to discharge fort the time period specified therein. permits as necessary to carry out the purposes oft this chapter.  and local law.    ORDINANCE TOAMEND CHAPTER 14, "SEWERAGE"  Second Reading May 28, 2024  Page 11 of35  (e) Wastewater discharge permitting, new comections. Any user required to obtain a wastewater discharge permit who proposes tol begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing ofs such discharge. An application for this wastéwater discharge permit, in accordance with subsection (f) oft this section, must be: filed atl least 30 days prior to the date upon which any Wastewater discharge permit application contents. All users required to obtain ay wastewater discharge permit must submit ap permit application. The city manager or the city manager's designee may require all users to (2) Description of activities, facilities, and plant processes on the premises, including al list ofa all raw materials and chemicals used or stored att the facility which are, or could accidentally or intentionally be, (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Eachj product produced byt type, amount, process or processes, andi rate ofp production; (5) Type and amount of raw material processed (average and maximum per day); appurtenances by size, location, and elevation, and all points of discharge;  discharge will begin or recommence.  submit as) part ofa an application the foliowing information: (1) All information required by section 14-163;  discharged to the POTW;  (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and (8) Any other information as may be deemed necessary by the city manager or the city manager's designee Incomplete ori inaccurate applications will not be processed and will be) returmed to the user: for revision. ) Application signatories and certification. All wastewater discharge permit applications andi user reports must be signed by an authorized representative ofther user and contain the following certification statement: "Id certify under penalty of1 law that this document and all attachments werej prepared under my direction or supervision in accordance with as system designed to assure that qualified personnel properly gather and évaluate the information, submitted. Based on my inquiry of thej persons who manage the system, or those persons directly responsible for gathering the information, thei information submitted is, to the best ofmy) knowledge and belief, true, accurate, and complete. Iam aware that there are significant penalties fors submitting false information, including thej possibility off fine andi imprisonment for knowing (h) Wastewater discharge permit decisions. The city manager or the city manager's designee will evaluate the data furnished by the user: andi may require additional information. Within 30 days ofreceipt ofa complete wastewater discharge permit application, the city manager or the city manager's designee will determine whether toi issue a wastewater discharge permit. The city manager or the city manager's designee may deny Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date oft the permit. A wastewater discharge permit may be issued for aj period less than five years, at the discretion ofthe city manager or the city manager's designee. Each wastewater discharge permit willi indicate as specific date upon which it) will expire. Wastewater discharge permit protections. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city manager or the city manager's designee toj prevent pass through or interference, protect the quality oft the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludgei management and disposal, and protect against damage to thel POTW.  (7) Time and duration of discharges; and  to evaluate the wastewater discharge permit appliçation.  violations."  any application for: a wastewater discharge permit.  (k) Wastewater discharge permit contents. Wastewater discharge permits must contain:    ORDINANCE TO. AMEND CHAPTER. 14, "SEWERAGE";  Second Reading May. 28, 2024  Page 12 of35  (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five 2) A statement that the wastewater discharge permit is nontransferable without prior notification to the city ina accordance with subsection (m) ofthis section, andj provisions for furnishing the new owner or  years;  operator with a copy oft the existing wastewater discharge permit; (3) Effluent limits based on applicable pretreatment standards; sample type based on federal, state and] local law;  (4) Self-monitoring, sampling, reporting, notification, andi record-keeping requirements. These requirements shalli include ani identification of pollutants tol be monitored, sampling location, sampling, frequency, and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and applicable compliance schedule. Such schedule: may not extend thet time for compliance beyond that required by applicable federal, state, or local law. Conditions on wastewater discharge permits. Wastewater discharge permits may contain, buti need notl be (I) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, orj prevent the introduction ofpollutants (3) Requirements for the development and implementation ofs spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine (4) Development and implementation of waste minimization plans to reduce the amount ofj pollutants (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged (6) Requirements for installation andi maintenance ofi inspection and sampling facilities and equipment; (7) A statement that compliance with the wastewater discharge permit does not relieve thej permittee of responsibility for compliance with all applicable federal and: state pretreatment standards, including those which become effective during thet term oft the wastewater discharge permit; and (8) Other conditions as deemed appropriate byt the city manager ort the city manager's designee to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (m) Wastewater discharge permit modification. The city manager or the city manager's designee may modifya wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) Toi incorporate any new or revised federal, state, or local pretreatment standards or requirements; (2) To address significant alterations or additions tot the user's operation, processes, or wastewater volume or (3) A change in thel POTW that requires either a temporary or permanent reduction or elimination oft the (4) Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or  limited to, the following conditions: flow regulation and equalization; into the treatment works; discharges; discharged tot the POTW; tot the POTW;  character since the time of wastewater discharge permit issuance;  authorized discharge; the receiving waters;  Violation of any terms or conditions oft the wastewater discharge permit;    ORDINANCE! TO AMEND CHAPTER. 14, "SEWERAGE"  Second Reading May 28, 2024  Page 13 of35.  (6) Misrepresentations or failure to fully disclose ail relevant facts in the wastewater discharge permit (7) Revision of or ag grant of variançe from categorical pretreatment standards pursuant to 40CFR403.13; (8) To correct typographical or other errors int the wastewater discharge permit; or (9) To reflect at transfer oft the facility ownership or operation to a new owner or operator. (n) Wastewater. discharge permit transfer. Wastewater discharge permits may bet transferred to a new owner or operator only ift the permittee gives at least 30 days' advance notice to the city manager or the city manager's designee and the city manager or the city manager's designee approved the wastewater discharge permit transfer. The notice to the city, manager or the city manager's designee must include, a written certification' by (1) States that thes new owner and/or operator has noi immediate intent to change the façility's operations and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure toj provide advance notice ofat transfer renders the wastewater discharge permit void as ofu the date of (o) Wastewater discharge permit revocation. The city manager or the city manager's designee may revokea wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) Failure to notify the city manager or the city manager's designee of significant changes to the 2) Failure toj provide prior notification to the city manager or the city manager's designee of changed (3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater. discharge permit  application ori in any required reporting;  thei new owner or operator which: processes;  (2) Identifies the specific date on which the transfer is to occur; and  facility transfer.  wastewater prior to the changed discharge; conditions pursuant to section 14-165(e);  appliçation;  (4) Falsifying self-monitoring reports; (5) Tampering with monitoring equipment; and records; (7) Failure to meet effluent limitations; (8) Failure to pay fines; (9). Failure to meet compliance schedules;  (6) Refusing to allow the city manager or the city manager's designee timely access tot the: facility premises  (10) Failure to complete a wastewater survey or thes wastewater discharge permit appliçation; (11) Failure toj provide advance notice of the transfer ofbusiness ownership ofap permitted facility; or (12) Violation ofany pretreatment standard or requirement, or any terms oft the wastewater discharge permit p) Wastewater discharge permit voidance. Wastewater discharge permits shall be voidable upon cessation of operations or transfer ofbusiness ownership. All wastewater discharge permits issued to a particular user are (@) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit must: apply for reissuance by submitting a complete permit application, in accordance with subsection () ofthis section,a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.  ort this chapter.  void upon the issuance ofar new wastewater discharge permit to1 that user,    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE",  Second Reading May. 28, 2024  Page 140f35  (r) Reconsideration of wastewater discharge permit decision andj judicial review off final administrative (1) The city manager or the city manager's designee shall provide public notice of the issuance ofa wastewater discharge permit.. Any person, including the user, may petition the city manager ort the city manager's designee to reconsider the terms ofay wastewater discharge permit within 30 days' notice of (2) Failure to submit at timely petition for review shall be deemed tol be a waiver of the administrative (3) Ini its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, ifa any, its seeks toj place in the wastewater (4) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. (5) Ifthe city manager or the city manager's designee fails to act within 30 days, ar request for reconsideration shall be deemed tol be denied. Decisions not tor reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify ay wastewater discharge permit shalll be (6). Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must dos sol by filing a complaint with the superior court of the county within: 30 days after entry ofs said final decision. Except fort the requirement that the action be filed in the superior court oft the county, thej judicial review shall be without aj jury as set forthi in O.C.G.A. $ 50-13-19.  wastewater discharge permit decision.  its issuance. appeal. discharge permit.  considered final administrative actions for) purposes ofj judicial review.  Sec. 14-88. Payment of connection cost and fees; indemnification of city.  All costs and expenses incident to1 the connection of thel building sewer from the owner's building tot the city property line shall bel bome by the owner. The owner shall indemnify the city from any loss or damage that may be directly ori indirectly occasioned by the connection oft the building sewer. Any connection from the city property line into the public sewer shall be madel by the city and the owner shall pay the city the current prescribed connection fee, as set by city council and) kept on file andi maintained in the office oft the clerk of the city.. All costs, expenses, andi impact and applicable other fees in connection with developments requiring sewer main extensions shall be borne by the owner/developer, The City Engineering Department will review all building and deyelopment plans andj process tap fees, connection fees and or impact fees in accordance with the fees schedule.  Sec. 14-89. Separate and joint building sewers.  A separate and independent building sewer shalll be provided for every building. Where one building stands at the rear of another and no private sewer is available, thel building sewer from thei front building may be extended to  ther rear building. A. joint sewer for planned developments may be approved.  Sec. 14-90. Connection of old building sewers.  Old building sewers may be usedi in connection" witht the buildings when they are found, on examination and test by the chiefbuilding official, toi meet all requirements oft this chapter, provided: noi further work needs tol be done  by the city.    ORDINANCE! TO. AMEND CHAPTER 14, "SEWERAGE',  Second Reading May 28, 2024  Page. 150 of35  Sec. 14-91, Pipe specifications.  Thel building sewer pipe shall be ofa type and shall meet the ASTM standards defined within tables 702.labd 702.2, ofthe edition oft thel International Plumbing Code as required as a mandatory code as recorded by the Georgia Department of FCommunity, Affairs andi in force at thet time of application for the project. Alls sewer pipe installations are subject to connection andj pipe installation inspections by the City of Thomasville Building and) Engineering Departments. Sewer extension and sewer accessories shall be designed and constructed in accordance with the City ofThomasville specifications which are on file with City ofThomasville Engineering Department,  Sec. 14-92. Size and slope ofbuilding sewers,  The size and slope of thel building sewer shall be subject to the approval of the chiefb building official, but in no event shall the diameter be less than four inches. Thes slope ofs such: four-inch pipe shall not be less than one-eighth  inch per foot.  Sec. 14-93. Location of building sewer at building.  Whenever possible, thel building sewers shall bel brought to thel building at an elevation below the footing or basement floor. Nol building sewer: shall bel laid parallel to or within three feet of any bearing wall, which might thereby be weakened. Thel building sewer shalll be laid at uniform grade and in alignment insofar as possible. Changes in direction shalll be made only, with proper fittings. No connections to inflow: sources including surface. water drains, roof drains or any other inflow sources identified by the City Engineering Department arej permitted.  Sec. 14-94. Artificial lifting ofs sanitary sewage tol building sewer.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shalll bel lifted by approved artificial means and discharged to the building sewer.  Sec. 14-95. Excavation, pipel laying and backfill specifications.  All excavations required for thei installation ofal building sewer shall be open trench work unless otherwise approved by the chiefbuilding official. Nol backfill shalll bej placed until thel line work has been inspected., All work shall be in compliançe with applicable OSHA requirements and ASTM Specifications, and specifications and other requirements of the City ofThomasville on filey with the City ofThomasville) Engineering Department.  Sec. 14-96. Joints and connections.  (a) Allj joints and connections shall be made gastight and watertight. Installations shall meet with the manufacturer's: specifications and the outlinedi requirements fori installation and ASTM standards within the edition oft the International Plumbing Code as required as a mandatory code as recorded by the Georgia Department of Community Affairs att the time of application for the project. ands specifications and other requirements oft the City of Thomasville, on files with City ofThomasville Engineering Department. (b) Other jointing materials andi methods may be used only by approval oft the chiefbuilding official.    ORDINANCE TOAMEND CHAPTER 14, "SEWERAGE",  Second. Reading May 28, 2024  Page 160f35  Sec. 14-97. Connection of building sewer into public sewer.  The connection of the building seweri into thej public sewer shall be made at the point of the city stub out. The invert ofthel building sewer at the point of connection shalll be: at thes same or ata al higher elevation than invert oft the public sewer.. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement: in concrete. Special fittings may be used for connection only when approved by the chiefbuilding official.  Sec. 14-98. Notice of readiness fori inspection and connection. ready fori inspection and connection to thej public sewer.  The applicant for the building sewer permit shall notify the chief building official when the building sewer is  Sec. 14-99.) Barricades and lights at excavations; restoration of street surface.  Alle excavations for building sewer installations shalll be adequately guarded with barricades and lights so ast to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course ofthe  work shall be restored in ai manner satisfactory to the city.  Secs. 14-100--14-126. Reserved. Sec. 14-127. Prohibited discharges.  ARTICLEV. USE OF THE PUBLICSEWERS RESTRICTED  Noj person shall discharge or cause tol be discharged any stormwater, surface water, groundwater, roofrunoff, subsurface drainage, or cooling water to any sanitary sewer. No person shall discharge or cause tol be discharged any garbage that has not been properly shredded. Thei installation of any garbage grinder equipped with ar motor oft three- quarters horsepower or greater shalll be subject to the review and approval of the city manager ort the city manager's  designee.  Sec. 14-128. Discharges intos storm sewer or natural outlet.  Stormwater and all other unpolluted drainage shall be discharged tos sewers designated as storm sewers, ort toa natural outlet approved by the city manager or the city manager's designee. Industrial cooling water or unpolluted process waters may be discharged upon approval oft the city manager or the city manager's designee to a storm sewer or1 natural outlet, provided the discharger has obtained: a discharge permit and required approvals from the state environmental protection division. The discharge of sanitary wastewater intos storm sewer systems is prohibited  without exception.  Sec. 14-129. Prohibited discharges specifically.  Not user shall contribute or cause tol 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 users of ay wastewater system whether the user is subject tol National Categorical Pretreatment Standards or any other national, state orl local pretreatment: standards or requirements.. A user shall not contribute the: following substances  tot the wastewater treatment system:    ORDIMANCETOAMEND: CHAPTER 14, "SEWERAGE",  Second Reading May 28, 2024  Page 170f35  (1) Any liquids, solids ors gases which by reason oft their nature or quantity area or may be sufficient either alone or by interaction with other substances to cause ai fire or explosion orl be injurious in any other way to thes wastewater system or the operation of the) POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into thes system (or at any point in the system) be more than five percent nor anys single reading overt ten percent oft the lower explosive limit (LEL) oft thes meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the city, thes state orl EPA has notified the user isa (2) Solid or viscous substances which may cause obstruction to the flow ina a sewer or other interference with the operation ofthey wastewater treatment facilities, such as, buti not limited to, grease, garbage with partiçles greater than one-halfi inch in any dimension, animal guts or tissue, paunch manure, bones, hair, hides or fleshings, entrails, whole1 blood, feathers, ashes, cinders, sand, spent lime, stones or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastej paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass (3) Any wastewater, having a pH less than 5.0 or more than 10.01 unless the wastewater system is specifically designed to accommodate such wastewater, or wastewater having any other corrosive) property capable ofc causing damage or hazard to structures, equipment and personnel ofthel POTW. A change of no more (4). Any wastewater containing toxic) pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process; constitute al hazard to humans or animals, create at toxic effect in thei receiving waters of thel POTW, or to exceed the limitations set forthi in a categorical pretreatment standard.. At toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) oft the Act; Any noxious or malodorous liquids, gases, or solids which either singly orb by interaction with other wastes are suffiçient to create a public nuisance or hazard tol life or are sufficient toj prevent entry into (6) Any substance which may çause the POTW's effluent or any other product of the] POTW, such as residues, sludges, or scums, tol be unsuitable for reclamation and reuse or toi interfere with the reclamation; process. Ini no case shall as substance discharged to the POTW cause the POTW tol be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act, and criteria, guidelines ori regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state 7) Any substances which will cause the POTW to violate its NPDES permit or the receiving water quality: (8) Any wastewater with objectionable color noti removed int the treatment process, such as, but not limited. (9) Any wastewater) haying a temperature which willi inhibit biological activity in the POTW resulting in interference, buti ini no case wastewater with at temperature att the introduction into the) POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the POTW is designed to accommodate (10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at ai flow rate andj pollutant concentration which at user knows or has reason to know will cause interference to the POTW. Ini no case shall the slugl loadl have a flow rate or contain concentration or qualities of pollutants that exceed for any time periodi longer than 151 minutes more than fivet times the average 24-hour concentration,  fire hazard to the system;  grinding or polishing wastes;  than three pH units shall be allowed in any 24-hour period;  thes sewers for maintenance and repair;  criteria applicablet to thes sludge management method being used;  standards;  to, dye wastes and vegetable tanning solutions;  such temperature;  quantities, or flow during normal operation;    ORDINANCE TOAMEND CHAPTER. 14, "SEWERAGE",  Second. Reading May 28, 2024  Page 180f35  (11) Any wastewater containing any radioactive wastes ori isotopes of such half-life or concentration as may exceed limits established' by the director in compliançe with applicable state or federal regulations; (12) Any wastewater which causes al hazard tol human life or creates aj public nuisance; (13) Any waters or wastes containing concentrated acid, iron, pickling wastes or concentrated plating (14) Materials which exert or cause unusual concentration ofi inert suspended solids, such as, buti not limited to,] Fuller's earth, lime slurries, and lime residues or of dissolved solids, such as, but notl limited to, (15) Pollutants which create a fire or explosivel hazard in thel POTW, including, but not limited to, wastestreams with a closed cup flashpoint of] less than 140 degrees Fahrenheit (60 degrees Celsius) using (16) Petroleum oil, nonbiodegradable cutting oil, or products ofr mineral origin, in amounts that will cause (17) Pollutants that result in toxic gases, vapors, or fumes that cause worker health or safety problems; (18) Trucked or hauled pollutants, except at discharge points designated by the city manager or the city (19) Any substance, which ifreleased in large enough quantities, is classified asl hazardous waste under 40  solutions whether neutralized or not; sodium chloride and sodium sulfate; the test methods specified in 40 CFR 261.21; interference or pass through;  manager's designee in accordance with section 14-56(i);  CFR part 261.  Sec. 14-130. Effluent limitations. into the city's collection system: Daily Maximum 1.A Arsenic 2.Cadmium 3.C Chromium +3 4.C Chromium +6 5.Copper 6.C Cyanide 7.Lead 8.Mercury 9.Nickel 10. Selenium 11. Silver 12. Zinc 13.BOD 14.COD 15. Suspended Solids 16. Oil and Grease 17.Totall Kjedahl Nitrogen  (a) No user shall discharge wastewater which exceeds the following concentration limits att thej point of discharge  mg/L 0.052 0.026 3.51 2.98 0.14 0.082 0.43 0.00025 0.23 0.033 0.33 0.31 300 Monitor Only* 400 100 40  *The City may issue industry-specific concentration limits ifi monitoring shows COD needs tol be incorporated  into an industrial pretreatment permit.    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE"  Second Reading May 28, 2024  Page 190f35  (b) The above concentration' limits are set by the city council as maximums. The limits may be reduced by order oft the city manager or the city manager's designee at any time when itis found that the wastewater plant does not meet its proper limits oft treatment, and the city manager or the city manager's designee may establish concentration limits for other substances as may be appropriate. All users on the: system must comply with  such revised standard limits.  Sec. 14-131. Violations of prohibited discharges.  When the city manager or the city manager's designee determines in accordance with sound engineering standards that at user is contributing tot the POTW any ofthes substançes identified in section 14-129 in such amount ast toi interfere with the operation oft thel POTW, or as listedi in section 14-130, the city manager or the city manager's  designee shall:  (1) Advise the user oft the impact oft the contribution on1 the POTW; and pollutants discharged to city sewer tol levels specified in section 14-130.  (2) Develop effluent limitations for such user to correct thei interference with thel POTW andi restrict  Secs. 14-132--14-160. Reserved.  ARTICLE VI. INDUSTRIAL, DISCHARGE REQVIREMENTS  Sec. 14-161. Grease, oil, and sand interceptors.  (a) Grease, oil, and sandi interceptors shalll be provided when, in the opinion oft the city manager or the city manager's designee, based on sound engineering standards, they are neçessary for thep proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other] harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shalll be ofat type and capacity approved by the city manager or the city manager's designee and shall be located so ast to ber readily and easily accessible for cleaning andi inspection. Alli interceptors shall be supplied andj properly maintained continuously in satisfactory and effective operation by the owner at the (b) All eating and quick food establishments not now existing shall provide a grease interceptor of1 1,000 gallons capacity orl larger between thel kitchen and sewer tap. The sewer line from restrooms shall not be tiedi tot the grease interceptor. Grease interceptors shall bei installed with an access manhole brought up to or slightly above grade for easy cleaning. Where unusual conditions which make the provisions oft this subsection prohibitive or not required, an alterative system approved by the city manager or the city manager's designee can be utilized, provided itr remoyes grease tol levels below those fixed in this chapter, () All existing eating and quick food establishments presently operating without a grease interceptor shalll be required to install one whenever iti is deemed necessary by the city manager or the city manager's designee, upon recommendation by the city manager or the city manager's designee of the sewer department, toj prevent (d) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes int temperature. They shall be ofs substantial construction, watertight and equipped with easily removable covers which, bolted inj place, shalll be gastight and watertight, wherever desirable. (e) When installed, all grease, oil and sand interceptors shall be maintained at the owner's expense, in continuously efficient operation at all times. All interceptors shall be pumped and cleaned at least every six months or more often if deemed) necessary by the city, manager or the city manager's designee. Ani inspection ofexisting conditions may be made by authorized city personnel at any time it appears that there may bea  owner's expense.  grease from entering public sewers.  problem.    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE",  Second Reading May 28, 2024  Page 20of35  Sec. 14-162.1 Pretreatment facilities required.  (a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards and local limits andj prohibitions as outlined ins section 14-129 within the time limitations as specified by thet federal, state or local pretreatment regulations. Any facilities required toj pretreat wastewater to al level acceptable to the city shall bey provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted tot the city ands shall be prepared by ai registered engineer before construction of the facility. Thei review of such plans and operating procedures will ini no way relieve the user from the responsibility of modifying the facility as necessary toj produce an effluent acceptable to the city under the provisions oft this chapter. Any subsequent changes in the pretreatment facilities or1 method of operation shall be reported tot the city. The city ini no way shall be responsible for the design and operation oft the facilities. The review contemplated hereunder is intended only to ensure compatibility oft thep pretreatment system with (b). No industry wille exceed thej pretreatment limits as established' by the EPA in accordance with section 307(b) and (c) of the. Act (33 USC 1317(b), (c)) which applies to as specific category ofi industrial users. (c) No user shall ever increase thet use of process water, or in any way attempt to dilute a discharge, as aj partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city manager or the city manager's designce may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, ori in other cases when thei imposition ofr mass limitations is appropriate.  the city'ss system.  Sec. 14-163. Federal categorical standards.  The categorical pretreatment standards found at 40 CFR chapter I, subchapter N,] parts 405-471 are hereby (1) Upon thej promulgation oft the federal categorical pretreatment standards for aj particular industrial subcategory, the federal standard, ifmore stringent than limitations imposed pursuant to this chapter for sources in that subcategory, shalli immediately supersede the limitations locally imposed. The state environmental protection division shall notify all affected users of the new; standard and appliçable Where the city's wastewater treatment system achieves consistent: removal of pollutants limited by federal pretreatment standards, the city may apply tot the state for modification ofs specific limitsi ini the federal pretreatnent standards. The term' "consistent removal" means reduction in the amount ofa pollutant or alteration of the nature of the pollutant by the wastewater treatment system to al lesst toxic or harmless statei in the effluent which is achieved1 by the system for 95 percent oft the samples taken when measured according to the procedures set forth in 40 CFR.403.7(X2), inj part 403, General) Pretreatment Regulations for) Existing and New Sources ofPollution, promulgated pursuant tot the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards ift ther requirements contained! in 40 CFR403.7 are: fulfilled andj prior approval from the: approval authority is obtained. (3) Within either 180 days after the effective date ofa categorical pretreatment standard ort the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whicheveri isl later, existing categorical users currently discharging to ors scheduled to discharge to thel POTW shall submit tot the city manager or the city manager's designee a report which contains the information listed below. Atl least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the city manager or the city manager's designee a report which contains the information listed in  incorporated.  reporting requirements.    ORDIMANCETOAMENP: CHAPTER 14, "SEWERAGE"  Second. Reading May 28, 2024  Page 21 of35  subsection (4) oft this section. A new source: shall report the method ofp pretreatment it intends to use to meet appliçable categorical standards, A new: source also shall give estimates ofits anticipated flow and a. Identifying information. The name and address oft the facility, including the name of the operator Envirommental) permits. Al list of any environmental controlj permits heldi bys or for the façility; Description of operations. A brief description oft ther nature, average rate of production, and standard industrial classifications oft the operations carried out by such user. This description should include a schematic process diagram which indicates points of discharge tot the POTW Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, tot the POTW from regulated proçess streams and others streams, as) neçessary, to allow use oft thes combined wastestream formula set outi in 40 CFR 403.6(e); 1. The categorical pretreatment standards applicable to each regulated proçess; 2. Thei results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the city manager or the city manager's designee, of regulated pollutants in the discharge from eachi regulated process. Instantaneous, daily maximum, and1 long-term average concentrations, or mass, where required, shall be reported. Thes sample shall be representative of daily operations ands shall be analyzed in accordance 3, Sampling must bej performed in accordance with) procedures set outi in section 14-166(c), Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, ifnot, whether additional operation andi maintenance (0&M) and/or additional pretreatment is required toi meet the pretreatment standards andi requirements; Compliance. schedule. Ifadditional pretreatment and/or O&M willl be required to meet the pretreatment standards, thes shortest schedule by which the user will provide such additional pretreatment and/or 0&M. The completion datei in this schedule shall not bel later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set outi in subsection (5)ofthis section; h, Signature and centification. All baseline monitoring reports must be signed and certifiedi in ) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule a. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required: for thet user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, çompleting preliminary and finalj plans, executing contracts for major components, commencing and completing construction, and beginning and conducting The user shall submit aj progress report to the city manager or the cityr manager's designee no later. than 14 days following each datei in the schedule and the final date of compliance including, asa  quantity ofpollutants tol be discharged.  (4) Users described above shall submit the information set forth below:  and owner;  from the regulated processes;  Measurement of pollutants.  with procedures set out in section 14-166(b);  accordance with section 14-87. required by this chapter:  routine operation);  b. Noi increment: referred to above shall exceed nine months;    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE",  Second Reading May 28, 2024  Page 22 of35  minimum, whether ori not it complied with thei increment of progress, ther reason for any delay, and, if appropriate, the: steps being taken byt thet user to retum to the established schedule; and d. Inr no event shall moret than nine months elapse between such progress reports to the city manager (6) Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case ofar new source following commencement oft the introduction of wastewater: intot the POTW, any user subjectt to such pretreatment standards andi requirements shall submit to the city manager ort the city manager's designee al report containing the information described in subsection (7) oft this section. Fori users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain aj reasonable measure ofthet user's long-term production rate. For all other users subject to categorical pretreatment: standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and a. All significant industrial users shall, at ai frequency determined by the city, manager or the city manager's designeel buti in no case lesst than twice per year (in June and December), submita report indicating the nature and concentration ofp pollutants in the discharge which arel limited by pretreatment standards andt the measured or estimated average andi maximum daily flows for the reporting period. All periodic compliance: reports must be signed and çertifiedi in accordance with b. All wastewater samples must be representative of thet user's discharge. Wastewater. monitoring and flow measurement facilities shalll be properly operated, kept clean, and maintained in good working order at all times. The failure ofai user tol keepi its monitoring facility in good working order shall not be grounds for the user to claim thats sample results are unrepresentative ofi its Ifal user subject to1 the reporting requirement in this section monitors any pollutant more frequently than required by the city manager or the city manager's designee, usingt the procedures prescribed ins section 14-166, the results oft this monitoring shall bei included int the report.  ort the city manager's designee.  certified in accordance withs section 14-87. 7) Periodic compliance reports.  section 14-87.  discharge.  Sec. 14-164. Maintenance of facilities.  Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained  continuously in satisfactory and effective operation, at the owner's expense. Sec. 14-165. Information and notification ofindustrial discharge requirements.  (a) Annual list ofs significant noncompliance. The city shall annually publish ini the local newspaper al list oft the users who were in significant noncompliance with any pretreatment: requirements or standards once duringt the 12 previous months. The notification shall also summarize any enforcement actions taken against the user (b) Information and data on a user. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, andi monitoring programs, and from the city manager's or the city manager's designee's inspection and sampling activities, shalll be available to thep public without restriction, unless the user specifically requests, andi is ablet to demonstrate to the satisfaction ofthe city manager or the city manager's designee, that the release ofs such information would divulge information,  during thes same 12 months.    ORDINANCE TO. AMEND: CHAPTER 14, "SEWERAGE"  Second Reading May 28, 2024  Page 23 of35  processes, or methods of! production entitled toj protection as1 trade secrets under appliçable state law. Any such request must be asserted at the time of submission of thei information or data. When requested and demonstrated by the user furnishing a report that suchi information should be held confidential, thej portions of ar report which might disclose trade secrets or secret) processes shall not be made available for inspection by thej public but shall be made available immediately upon request to governmental agencies for uses related to thel NPDES program or pretreatment; program, andi in enforcement; proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and willl be available to the public without restriction. (C) Reports ofchanged conditions. Each user must notify the city) manager or the city manager's designee of any planned signifiçant changes tot the user's operations or system which might alter the nature, quality, or volume (1) The city manager or the city manager's designee may require the user to: submit information as may be deemed necessary to evaluate the changed condition, including the submission ofa wastewater discharge (2) The city manager or the city manager's designee may issue a1 wastewater discharge permit under section 14-87() or modify an existing wastewater discharge permit under section 14-87() in response to (3) Forj purposes of this requirement, significant changes include, but are not limited to, flow increases of20 (d) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports tot the city manager ort the city manager's designee as the city manager or the city (e) Notice ofviolationirepeat: sampling and reporting. Ifsampling performed by ai user indicates a violation, the user must notify the city manager or the city manager's designee within 24 hours oft becoming aware oft the violation. Thei user shall: also repeat the sampling and analysis and submit the results of ther repeat analysis to the city manager or the city manager's designee within 30 days after becoming aware of the violation. The user is not required to resample ift the city manager ort the city manager's designee monitors at the user's facility at least once ar month, or ifthe city manager or the city manager's designee samples between the user's  ofits wastewater at least 60 days before the change. permit application under section 14-87(f).  changed conditions or anticipated changed conditions.  percent or greater, andt the discharge of any previously unreported pollutants.  manager's designee may require.  initial sampling and when thet user receives the results oft this sampling.  Sec. 14-166. Monitoring facilities.  (a) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part ofa wastewater discharge permit application or report shalll be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in àn applicable categorical pretreatment standard. If4 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must! bej performed in accordance with procedures approved by thel EPA. (1) Except as indicated in subsection (b)(2) oft this section, the user must collect wastewater samples using flow) proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city manager or the city manager's designee may authorize the use of time proportional sampling or aminimum of four grab samples where the user demonstrates that this) will provide a representative sample oft the effluent being discharged. In addition, grab samples may be required to show compliance (2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds  (b) Sample collection.  with instantaneous discharge limits. must be obtained using grab collection techniques.    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE",  Second Reading. May 28, 2024  Page 24 of35  (c) Timing. Written reports willl be deemed to) have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced byt the United States Postal Service, the date of (d) Recordkeeping. Users subject tot the reporting requirements oft this chapter shall retain, and make available for inspection and copying, all records ofi information obtained pursuant to any monitoring activities required by this chapter and any additional records ofi information obtained pursuant to1 monitoring activities undertaken by the user independent ofs such requirements. Records shalli includei the date, exact place, method, and time of sampling, and the name of thep person taking the samples; the dates analyses were performed; who] performed the analyses; the analytical techniques or methods used; andt thei results ofs such analyses. These records shall remain available for aj period ofa at least three years. This period shalll be automatically extended for the duration ofa any litigation concerning the user or the city, or where the user has been specifically notified ofa (e) Right of entry; inspection and sampling. The city manager or the city manager's designee shalll have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the city manager or the city manager's designee ready access to allj parts oft the premises for thej purposes ofi inspection, sampling, (1) Where al user. has security measures in force which require proper identification and clearance before entry intoi its] premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city manager or the city manager's designee or other designated person, willl be permitted to enter without delay for the purposes of performing specific The city manager or the city manager's designee shalll have the right tos set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the users (3) The city manager or the city manager's designee may require the user toi install monitoring equipment as necessary. Thei facility's sampling andi monitoring equipment shall be maintained at all times in as safe and proper operating condition by the user at its own expense. All devices used to measure wastewater (4) Any temporary or permanent obstruction to safe and easy access to the facility tol be inspected and/or sampled shalll bej promptly removed by the user att the written or verbal request oft the city manager or the city manager's designee and shall not be replaced. The costs of clearing such access shalll bel bome by (5) Unreasonable delays in allowing the city manager or the city manager's designee access to the user's (f) Access refusal. Ift the city manager ort the city manager' 's designee has been refused access to al building, structure, orj property, or any part thereof, andi is able to demonstrate probable cause tol believe that there may bea a violation of this chapter, or that therei is ar need to inspect and/or sample as part ofar routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or toj protect the overall public health, safety and welfare of the community, then the city manager or the city manager's designee may seek issuance ofas search warrant from the municipal çourt oft the city.  reçeipt oft the report shall govern.  longer retention period by the city manager or the city manager's designee.  records examination and copying, and the performance ofa any additional duties.  responsibilities. operations.  flow and quality shall be calibrated as often as need to ensure their accuracy.  the user.  premises shall bes a violation oft this chapter.  Sec. 14-167.. Accidental spills.  (a) Each user shall provide protection from accidental discharge of prohibited: materials or other substances regulated by this chapter. Facilities toj prevent accidental discharge ofp prohibited materials shalll bej provided and maintained at the owner or user's own expense. Detailed plans showing facilities and operating procedures toj provide this protection shall be submitted to thes state environmental protection division for review before    ORDINANCE TO. AMEND CHAPTER: 14, "SEWERAGE"  Second Reading. May 28, 2024  Page 250f35  construction of the facility. All existing users shall complete such aj plan by. January 1, 1983, No industrial user who commences contribution to the POTW after the effective date of the ordinance from which this chapter is derived shall bej permitted to introduce pollutants into thes system until accidental discharge procedures have been approved by the state environmental protection division. Réview ofs such plans and operating procedures shall not relieve thei industrial user from thet responsibility to modify the user's facility as necessary to meet the requirements oft this chapter. Int the case of an accidental discharge, iti is the responsibility oft the user to immediately telephone andi notify thes state environmental protection division and the city oft thei incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective (b) Within 241 hours following an accidental discharge, the user: shall submit to the: state environmental protection division and1 the city a detailed written report describing the cause of the discharge and the measures taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may bei incurred as aj result of damage to thel POTW, fish kills or any other damage toj person or property, nor shall such notification relieve the user ofa any fines, civil penalties, or other (C) A notice shall bej permanently; posted on thet user's bulletin board or other prominent place advising employees whom to call in the event ofa dangerous discharge. Employers shall ensure that all employees who may cause ors suffer such a dangerous discharge to oçcur are advised of the emergency notification procedure.  actions.  liability which may be imposed byt this chapter or other applicable law.  Sec. 14-168. Pretreatment requirements and enforcement.  (a) The) pretreatment, program of the city is developed and enforced by the city: The city shall have fully power to  do any and: all oft the following:  () Deny or condition any increased or new discharges; (2) Require compliance with pretreatment standards;  (3) Control industrial discharges toi the treatment works to ensure compliance;  (4) Require the development of an industrial compliance schedule: for installation ofrequired technologies; (5). Require submission of appropriate notices andi industrial self-monitoring reports neçessary to assess and (6) Conduct, as necessary, inspections, surveillance and monitoring procedures toi independently determine Have access toi industrial records and entry to any industrial user's premises, where an eflluent source or (b) Notification ofviolation. When the city manager or the city manager's designee finds that al user, has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or orderi issued hereunder, or any other pretreatment standard or requirement, the city manager or the city manager's designee may serve upon that user a written notice of violation. Within five days oft the receipt oft this notice, an explanation oft the violation and aj plan fort the satisfactory correction andj prevention thereof, toi include specific required actions, shall be submitted by the user to the city manager or the city manager's designee. Submission of this] plani in no way relieves thet user ofl liability for any violations occurring before or after receipt of this notice of violation. Nothing in this section shall limit the authority of the city manager or the city manager's designee to take any action, including emergency actions or any other enforcement action, without firsti issuing ai notice of (c) Consent orders. The city manager ort the city manager's designee may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action tol be taken by the user to correct the  assure compliançe; compliance or noncompliance; treatment system is located.  violation.    ORDINANCETO AMEND CHAPTER. 14, "SEWERAGE",  Second Reading. May 28, 2024  Page 26 of35  noncompliance within at time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant tos subsections (e) and () of this section and shall be (d) Show cause hearing. The city manager or the city manager's designee may order at user which) has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager or the city manager's designee and show cause why the proposed enforcement action should: not! be taken. Notice shall be served on the user specifying thet time andj place for the meeting, they proposed enforcement action, the reasons fors such action, and ai request that the user show cause why the proposed enforcement action should notl bet taken. The notice oft the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior tot the hearing. Such notice may bes served on any authorized representative of the user. A show cause hearing shall notl be: al bar against, or prerequisite for, taking any other action against the user. Compliance orders. When the city manager or the city manager's designee finds that a user violated, or continues to violate, any provision oft this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standardi requirement, the city manager or the city manager's designee may issue an order tot the user responsible for the discharge directing that the user come into compliance within as specified time. Ifthe user does not come into compliance within thet time provided, sewer: service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established fora a pretreatment standard or requirement, nor does a compliance order relieve thet user ofl liability for any violation, including any continuing violation. Issuance ofa compliance order shall not be al bar against, ora Cease and desist orders. When the cityr manager or the city manager's designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard requirement, or that the user's past violations are likely to recur, the city manager or the city manager's designee may issue an order to the user directing it to cease and desist alls such (2) Take such appropriate remedial or preventative action as may be needed toj properly addressa a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance ofa cease-and-desist order shall not be a bar against, or aj prerequisite for, taking any other action against  judicially enforceable.  prerequisite for, taking any other action against the user.  violations and directing the user to: (1) Immediately comply with all requirements; and  thei user. (g) Administrative) fines.  (1) When the city manager or the city manager's designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager or the city manager's designee may fine such user in an: amount not to exceed $1,000.00. Such fines shall be assessed on aj per violation, per day basis. In the case ofmonthly or other long term average discharge limits, fines shall be assessed for each (2) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of ten perçent of the unpaid balance, andi interest shall accruet thereafter at ai rate of one percent peri month. Al lien against the user's property willl be sought for unpaid charges, fines, andj penalties. 3) Users desiring to dispute such fines must file a written request for the city manager or the city manager's designee to reconsider the fine along with full payment oft the fine amount within 30 days of being notified oft the fine. Where a request has merit, the city manager or the city manager's designee may convene al hearing on1 the matter. Ini the event the user's appeal is successful, the payment, together with  day during thej period of violation.    ORDINANCE TOAMEND CHAPTER 14, "SEWERAGE"  Second Reading May 28, 2024  Page 270f35  any interest accruing thereto, shall) be retumed to the) user. The city manager or1 the city, manager's designee may add the costs ofj preparing administrative enforcement actions, such as notices and orders, (4) Issuance ofa an administrative fine shall notl be al bar against, or aj prerequisite for, taking any other action (h) Emergency suspension. The city manager ort the city manager's designee mayi immediately suspend a user's discharge, after informal notice toi the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause ani imminent or substantial endangerment to thel health or welfare of persons. The city manager or the city manager's designee may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens toi interfere with the operation oft the) POTW, or which presents, or may present, an endangerment to the environment, Any user notified ofas suspension ofi is discharge shall immediately, stop or eliminate its contribution. In the event ofal user's failure toi immediately comply voluntarily with thes suspension order, the city manager or the city manager's designee may take such steps as deemed necessary, including immediate severance of the sewer connection, toj prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city manager or the city manager's designee may allow thet user to recommence its discharge when thet user hast thet termination, proceedings in subsection (k) oft this section are initiated against the user. Discharge representing imminent danger statement. A user thati is responsible, in whole ori inj part, fora any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes oft thel harmful contribution and the measures taken to) prevent any future occurrence; tot the city manager or the city manager's designee prior tot the date ofa any show cause or termination hearing under subsection (d) ofthis section. Nothing in thiss section shall be interpreted as requiring a hearing prior tos any emergency suspension (k) Termination of discharge. In addition to thej provisions in section 14-87(n), any user who violates the  to the fine. against the user.  under this section.  following conditions is subject to discharge termination: (1) Violation of wastewater discharge permit condition;  (2) Failure to accurately report the wastewater constituents and characteristics ofi its discharge; (3) Failure to report significant changes in operations or wastewater volume, constituents, and (4) Refusal of reasonable access tot the user's premises for thej purpose of inspection, monitoring, or  characteristics prior to discharge; sampling; or  (5). Violation ofther pretreatment standards in section 14-163.  Such user willl be notified oft thej proposed termination ofits discharge and be offered an opporhnity tos show cause under subsection (d) ofthiss section why the proposed action should not be taken. Exercise oft this option by the city manager or the city manager's designee shall not be: a bar to, or aj prerequisite for, taking any other action against the  user.,  () Judicial enforcement remedies.  (1) Injnctive relief When the city manager or the city manager's designee finds that a user has violated, or continues to violate, any provision ofthis chapter, as wastewater discharge permit, or order issued hereunder, or any other treatment standard or requirement, the city manager or the city manager's designee may petition the superior or state court oft the county through the city's attorney for the: issuance ofa temporary or permanent injunction, as appropriate, which restrains or compels the specific performance oft the wastewater discharge permit, order, or other requirement imposed by this chapter on activities oft the user. The city manager or the city manager's designee may also seek such other action as is appropriate for legal and/or equitable relief, including arequirement: for the user to conduct    ORDINANCE TOAMEND CHAPTER 14, "SEWERAGE',  Second Reading. May 28, 2024  Page. 28 of35  environmental remediation. Aj petition fori injunctive relief shall not be: al bar against, or aj prerequisite (2) The city manager or the city manager's designee may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling andi monitoring expenses, and In determining the amount of liability, the court shallt take into account all relevant circumstances, including, but not limited to, the extent ofl harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user,  for, taking any other action against a user. the cost ofany actual damages incurred by the city.  the compliance history oft the user, and any other factor asj justice requires.  (4). Criminal prosecution.  A user who violates any provision oft this chapter, wastewater discharge permit, or orderi issued hereunder, or any other pretreatment standard or requirement! hereunder shall, upon conviction, be guilty ofar misdemeanor and shall be punished as set forth in subsection (1)(3)d ofthis section. b. A user who introduces any substance into the POTW which causes personal injury or property damage shall upon conviction, be guilty ofal misdemeanor and shall bej punished as set forthi in A user whol knowingly makes any falses statements, representations, certifications in any application, record, report, plan, or other documentation filed, or required tol be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty ofa ar misdemeanor. and shalll be punished as set forth d. Each violation of any portion oft the foregoing subsections shall constitute as separate offense. Any user convicted of any such offense shall be subject to such punishment as the municipal court of the City ofThomasville shalli impose, subject to alll limitations contained in the Charter oft the city. (5) Remedies nonexclusive. Thei remedies provided for in this chapter are not exclusive. The city manager or the city manager's designee may take any, all, or any combination oft these actions againsta noncompliant user. Enforcement ofp pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city manager ort the city manager's designee may take other action against any user when the circumstances warrant. Further, the city manager or the city manager's designee is empowered to take more than one enforcement action against any noncompliant  subsection (1)(3)d ofthiss section.  ins subsection (D(3)d of this section.  user. or local requirements.  State requirements and limitations on discharges shall apply in any case where they are more: stringent than federal  Sec. 14-169. Affirmative defenses to discharge violation.  (a) Upset.  (1) For thej purposes. oft this section, thet term "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control oft the user. An upset does noti include: noncompliance tot the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of (2) An upset shall constitute an affirmative defense to an action brought forr noncompliance with categorical pretreatment standards ifthe requirements of subsection (a)(3) of this section are met.  preventive maintenance, or careless or improper operation.    ORDINANCE TO4 AMEND CHAPTER, 14, "SEWERAGE",  Second Reading May 28, 2024  Page. 29 af35  (3) A user who wished to establish the affirmative defense oft upsets shall demonstrate, through properly  signed, contemporancous. operating logs, or other relevant evidence that: An upset occurred, and thei user can identify the cause of the upset; The facility was at the time being operated in aj prudent and workman-like manner andi in compliance with applicable operation andi maintenance procedures; and Thei user submitted the following information to the city manager or the city manager's designce within 24 hours ofbecoming aware oft thet upset. Ifthis information is provided orally,a written 1. A description oft the indirect discharge and cause of noncompliance; 2. The period ofr noncompliance, including exact dates andt times or, ifr not corrected, the anticipated time the noncompliance: is expected to continue; and 3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence ofthe  submission must be) provided within five days:  noncompliance.  (b) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shalll have the burden (c) Users will have the opportunity forj judicial determination on any claim oft upset only in an enforçement action (d) Users shall control production ofall discharges to1 the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure ofi its treatment facility until the facility is restored ora an alternative method oftreatment is provided. This requirement applies in thes situation where, among other things, the primary source of power oft the treatment: facility is reduced, lost, or fails. (e) Prohibited discharge standards.. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 14-127 or the specific prohibitions in section 14-129: ifit can prove that it did not know, or have reason tol know, thati its discharge, alone ori in conjunction with discharges from other sources, would cause) pass through or interferençe and that either: (1) A locall limit exists for each pollutant discharged and the user was in compliance with each limit directly (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its) NPDES permit, and in the case ofinterference, was in compliance with applicable sludge use or disposal requirements. (1): Definitions. The following words, terms and phrases, when usedi in this subsection (P, shall have the meanings ascribed to them in this subsection ((1), except where the context clearly indicates à different Bypass means the intentional diversion ofwastestreams from any portion ofat user's treatment Severe property damage means substantial physical damage toj property, damage to the treatment façilities which causes them to become inoperable, or substantial andj permanent loss of natural resourçes which can reasonably be expected to occur in the absence ofal bypass. Severe property A user may: allow any bypass to occur which does not çause) pretreatment standards or requirements to be violated, but only ifita also is fore essential maintenance to assure efficient operation, These bypasses  ofproof.  brought fori noncompliance with categorical pretreatment standards.  prior to, and during, the pass through or interference; or  () Bypass.  meaning: facility.  damage does not mean economic loss caused by delays in production. are not subject tot the provision of subsections (f)(3) and (4) oft this section.    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE",  Second Reading May 28, 2024  Page 300 of35  (3) Ifat user knows in advance oft the need for al bypass, its shall submit prior notice to the city manager or the city manager's designee, at least ten days before the date oft thel bypass, ifpossible. A user shall submit oral notice to the city manager or the city manager's designee of an unanticipated bypass that exceeds applicable pretreatment: standards' within 241 hours from the time itl becomes aware of the bypass. A written submission shall alsol bej provided within five days oft thet time the user becomes aware oft the bypass. The written submission shall contain a description of the bypass and its cause; the duration of thel bypass, including exact dates and times, and, ifthel bypass has not been corrected, the anticipated timei itise expected to continue; and steps taken or] planned to reduce, eliminate, andj prevent reoccurrence of thel bypass. The city manager or the city manager's designee may waive the written report on a case- (4) Bypass is] prohibited, and the city, manager or the city manager's designee may take an enforcement a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to thel bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or1 maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should havel been installed in the exercise ofreasonable engineering judgment to] prevent ab bypass which occurred during normal periods of C. The user submitted notices as required under subsection (f)(3) of this section. The city manager or the city manager's designee may approve an anticipated bypass, after considering its adverse effects, ift the city manager or the city manager's designee determines that it will meett the  by-case basis ift the oral report has been received within 24 hours.  action against at user for a bypass, unless:  equipment downtime or preventive maintenance; and  three conditions listed in subsection (f)(4)a of this section.  Secs. 14-170--14-191. Reserved. Sec. 14-192. Basis.  ARTICLE VI. CHARGES  Charges for sewerage service shalll be made and billed in compliance with the EPA user charge system approved by the city council by resolution prior to the effective date oft the ordinance from which this section (1) An administrative charge tol be calculated based on the administration costs and the number of wastewater customers tol be assessed on each connection for which as separate billi isi issued; (2) An operation, maintenance, and replacement feel based on the volume ofv water used by wastewater customers and thet total operation, maintenance, andi replacement costs incurred by the city tol be A surcharge rate may be applied to all over-strength wastes to bel based on thes strength and volume of such wastes and the costs of treatment. However, thet utility reserves the right to1 reject over-: strength waste, require pretreatment, orl limit quantities. Ifther utility agrees to accept over-strength waste, the surcharge rate shall be calculated based on strength above over-strength. limit divided! by the over-  derives. The user charge system shall result int the calculation of three unit charges:  assessed on the basis of water used per 1,000 gallons; and  strength limit, times thej prevailing volume rate.    ORDINANCE: TOAMENDI CHAPTER. 14, "SEWERAGE"  Second Reading. May 28, 2024  Page31of35  Sec, 14-193. Tapping pollutants.  Any user who discharges any toxic pollutants or other constituents which cause an increase in the cost of managing the effluent or the sludge of the aforementioned treatment works shall bei required toj pay fors such  increased costs.  Sec. 14-194. Review of rates.  The city shall review not less often than every two years the wastewater contribution ofu users, the total costs of operation and maintenance oft the treatment works, and the approved user charge system. The city shall revise the (1) Maintain the proportionate distribution of operation and maintenance costs among users; (2) Generate sufficient revenue to pay the total operation and maintenance costs necessary forj proper operation andi maintenance, including minor replacement, oft the treatment works; and  charges for users to accomplish the following:  (3) Apply excess revenues collected to adjust future rates accordingly.  Sec. 14-195. Notification. attributable to1 the user charge. Sec. 14-196. Precedence. 35, dated September 27, 1978. Sec. 14-197. Sewer user charges.  The city willi notify each user at least annually, in conjunction with a regular bill or other mailing, oft the rate  The user charge system shall take precedence over any terms or conditions of agreements or contracts between the city and users which are inconsistent with the requirements ofs section 204(b)(1)(A) ofthe. Act and 40 CFR part  (a) The EPA user charge, which includes charges for operations, maintenance, and replacement expenses, willl be asséssed for all contributions to the publicly owned treatment works. The current rates are on filei in the office (b) Thes volume applicable will note exceed 12,000 gallons ofwater used by residential customers only.  of the city clerk and in the office oft the city utilities administrative offices.  Sec. 14-198. Private systems. section 14-197.  Sewer service charges to any customer who operates aj private water system, all or any part ofwhich enters the city sanitary system, shall be by contract. Such contract charges shall bei in addition to metered charges listedi in  Sec. 14-199. Sewer fees and costs.    ORDINANCE TO. AMEND CHAPTER 14, "SEWERAGE",  Second Reading May. 28, 2024  Page. 32 of35  (a) All work onj private property beyond the street right-of-way or property line where sewer service is available shalll be performed at the expense oft the owner andi in conformity with this Code. The city shall make all connections toi the city sanitary sewers, including all excavation and laying all piper necessary to construct the sewer lines from the laterals, outfalls, or main linest to the margin oft the city's, state's, or county'sright-of- way or they perimeter of the private property tol be served. A tap fee will be charged to any commercial unit or residential unit that willi requirear new. tap tol be constructed: for ap physical connection. (b) Thet typical sewer tap fee fora as six (6)i inch connection directly into a city sanitary sewer: main is set by city council and kept on file and maintained in the office oft the clerk oft the city. (c) In addition tot thes sewer tap fee, additional charges and fees that shall bej paid byt the owner may include but  not be limited to the following:  a. b.  Construction Costs: Any materials, labor or equipment that is outside the normal scope and costs covered in at tap fee. For example, a sewer main thati is required to be extended to servet thei new: site, the developer or landowner willl be required toj pay all construction costs associated with it. Connection Fees: Any developer or landowner who receives al building permit or other construction permit for any development activity or who undertakes any development activity within the City's corporatel limits for which a building permit is required, or other construction permit ifal building permit is not required, shall pay the sewer connection fees. The connection fee is set by the city council and Impact Fees: Costs associated with any upgrades ori improvements to the sewer system to serve  kept on file at the city clerk's office.  C.  any new sources or expansion of sewer requirements ofe existing sources.  (d) Development construction: including but not limited to multiple users such as apartments, townhomes, residentiall lots, units, subdivisions, and assisted living facilities by way ofi illustration and not] limitation. The developer and orl land owner shallj pay for all sewer extensions, construction costs, connection fees, tap fees, impact fees, engineering fees and all other costs associated with the sewers system. All sewer extensions and sewer accessories shalll be installed by developer's or land owner's licensed utility contractor and inspected by City Engineering Department and or City Utility Department. The developer and or land owner shallj pay connection fees per unit. Connection fees, tap: fees and engineering fees are set by city council and kept on file (e) Where sewer connections are tol be made tos sanitary sewer main lines in excess of eight (8) inches in diameter, such connections will only by at manholes. The cost ofs such manholes, ifnot existing willl be included in the  and maintained in the office of the clerk oft the city. cost of sewer fees as listed above. Sec. 14-200. Adjustments in billing.  The city manager or the city manager's designee shall be authorized to make equitable adjustments inl billings for water ands sewerage services in cases where leaks inj pipes and plumbing facilities resulti ini increased billings without fault on the part of the customer. Such adjustments shall be madel based on an average ofprior billings only after repairs have been made as certified by al licensed plumber, and shall be limited to three months' billings.  Sec. 14-201. Time of payment; delinquency penalty.  (a) The sewer service charges provided for in this chapter shall be due andj payable in the same manner as water service charges and subject tot the same delinquency penalties as water service charges. (b) No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenançe or equipment whichi is a part of ther municipal sewerage works. Any person violating this provision shalll be subject toi immediate arrest under an appropriate charge.    ORDINANCE TOA AMEND CHAPTER 14, "SEWERAGE'  Second Reading May 28, 2024  Page 33 af35  (C) The city manager ort the city manager's designee and other duly authorized employees oft the city bearing proper credentials andi identification shalll be permitted to enter upon all properties fort the purpose of inspection, observation, measurement, sampling andt testing, in accordance with the provisions of this chapter.  Sec. 14-202. Cutting off water for delinquency.  Where the sewerage customer is also a water customer, thei failure ofs such customer toj pay such fees and charges shall authorize the city to cut offt they water supply of such customer ini thes same manner that water is cut off  for failure toj pay water bills.  Sec. 14-203. Deposits apply to sewer charges also.  All deposits made as security fort they payment of water bills shall, in the same manner, secure and be liable for.  the payment ofthes sewer fees and charges as provided in this article.  Secs, 14-204--14-229, Reserved. Sec. 14-230. Discontinuance ofs service.  ARTICLE VIL ENFORCEMENT  (a) The service under any application or contract may be discontinued for any oft the following reasons: (1) Forn misrepresentation in application ast toj property or fixtures tol be supplied, or the use to be made oft the waters supply or character of waste discharged into the sanitary sewerages system; (2) For thet use of water for any other property or purpose than that described in the application; (3). For willful or negligent waste of water through improper or imperfect service pipes, fixtures, meters, (4) For failure toj protect the connections, serviçe lines and fixtures, or to maintain them in good order; (5) Fori nonpayment of any account for water or sewer service furnished or ofa any scheduled fee or charge as required by the provisions oft this chapter, rules and regulations promulgated pursuant to thet terms (6) Forr molesting any service pipe, meter, curb-stop-cock, seal, or any other appliance ofthes water and  private firej protection systems or otherwise;  hereof, or any amendments hereto; (7) In case of vacancy ofpremises;  sewerage department controlling or regulating the water supply; (8) For violation of any provision oft this chapter or amendments thereto; provisions oft this chapter or amendments thereto;  (9) For violation of any rules or regulations promulgated byt the director, and under authority oft the (10) Fort turning off or on) water at the water main or water connection or curb stop, by a plumber, owner or other unauthorized person, or for disconnecting or removing the meter, without the prior written consent oft the city manager ort the city manager's designee. Emergency cut-offo ofs such water without damage to (b) The city, manager or the city manager's designee shall have authority to order thet temporary discontinuance of water or sewer: service in any emergency, under exigent circumstances, or whenever such discontinuance) is necessary to protect. life, health or property or toj prevent immediate interference with the city systems.  any city property shall not be considered a cause of discontinuance of service.    ORDIMINCETOAMEND CHAPTER 14, "SEWERAGE"  Second Reading May. 28, 2024  Page. 340f35  (c) In all other circumstances, service: shalll be discontinued only after five days' written notice delivered to an adult person occupying the premises served, or) posted in a conspicuous place thereon, statingt the reason for discontinuance andi informing the user oft the user's right to al hearing before the city manager or the city manager's designee upon such user's appearance before the city manager or the city manager's designee  within such five working days during regular business hours.  Sec. 14-231. Liens.  (a) Any charges made by the city for furnishing water and sewer services and serviçes related thereto, including connection fees, meter installation fees, tapping fees, and charges for every kind of service necessary or incidental tot the furnishing ofwater and sewer services, shall constitute al lien against the real property to which such services are furnished, whether such realj property is located within or without the corporate limits (b) Should the customer fail toj pay any of the foregoing charges and such charges bei in default for a period oft ten days after the due date, the city manager ort the city manager's designee shall be authorized tol have an execution issued by the city clerk, which execution shall issue against thej property as described on thel latest ad valorem tax digest andi inj personam against the owner oft thej property, fort the principal amount due, plus interest at the rate of1 12 percent per annum from the due date and the sum of $2.50 cost fori issuance oft the execution. Subsequent costs shall be thes same as those allowed by law relative toi tax executions. The execution shall constitute al lien against the property from thet time ofi its filing, which lien shall rank on a  oft the city, upon the issuance and recording of an.  parity with and be of equal dignity to other liens for special tax assessments.  Sec. 14-232. Existing contractors.  Any and all contracts, franchises and regulations now in force and effect between the city and any person for the operation ofbuses arei recognized and: accepted according to thet terms andj provisions therein stipulated and until  amended by proper ordinance or resolution. "  SECTIONII SECTIONIII  This ordinance shall be effective on the date ofi its final reading andj passage.  BEITFURTHER ORDAINED: all ordinances or] parts ofordinancesi in conflict herewith arel hereby expressly  repealed.  SECTIONIV  BE ITI FURTHER ORDAINED andi iti is hereby declared to the be intention of the Mayor and Council of the City of Thomasville that all: sections, paragraphs, sentences, clauses, andj phrase oft this Ordinance are and were, upon their enactment, believed by the Mayor and1 the Council to be fully valid, enforceable, and constitutional.    ORDINANCE TO: AMENDCHAPTER. 14, "SEWERAGE",  Second Reading May 28, 2024  Page. 35 of35  SECTIONV  BE IT FURTHER ORDAINED and it is hereby declared by the Mayor and the Council of the City of Thomasville that ()t to the greatest extent allowedb by law, each and every section paragraph sentence, clause or phrase ofthis Ordinance is severable from every other section paragraph sentence, clause or phrase oft this Ordinance and (ii) that to the greatest extent allowed by law, nos section paragraph, sentence, clause or phrase ofhis ordinance ist mutually  dependent upon any other section paragraph, sentence, clause or phrase ofhis ordinançe.  SECTIONVI  BEI ITI FURTHER ORDAINED and iti is hereby declared that in the event that any phrase, clause, sentence, paragraph or section of this ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgement or decree of any court of competent jurisdiction, it is the express intent of the Mayor. and the Council of the City of Thomasville that such invalidity, unconstinutionality, or unenforceability shall, to the greatest extent allowed by law, not render invalid unconstitutional or otherwise unenforceable any oft ther remaining phrases, clauses, sentences, paragraphs or section of the Ordinance and that tot the greatest extent allowed byl law, allremaining phrases, clauses, sentences, paragraphs ors sections ofthis ordinance shall  remain valid, constitutional, enforceable, and offullf force and effect.  SECTION VII  This ordinance was introduçed and read at al lawful meeting oft the City council for the City ofThomasville, Georgia, held) May 13,2024, and readt the second time, passed and adopted in like meeting held on May 28, 2024.  CITY OF THOMASVILLE, GEORGIA CA SMRBANAL Felicia Brannen, City. Clerk  By: Todd Attest  [seal]