HomeMy WebLinkAbout05569 ORDINANCE NO. 5569
AN ORDINANCE AMENDING TITLE IX AND AMENDING
TITLE XVI OF THE 1971 CODE OF ORDINANCES
RELATING TO SEPTIC WASTE BUSINESSES AND
PROVIDING PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate material being deleted; underscoring indicates
new material being added. )
SECTION 1 .
The Council hereby finds and declares : that septic and
conventional liquid wastes are generated within Pueblo County,
Colorado through the cleaning of septic tanks, cesspools , privy
vaults, portable toilets and grease traps; that such sewage and
conventional liquid wastes must be disposed of in a sanitary
manner in order to protect and preserve the health and safety of
the public and to preserve and protect the environment; that the
City of Pueblo operates publicly owned treatment works (POTW) for
collection and treatment of wastewater; that with proper regula-
tion the City is capable of effectively treating certain septic
and conventional wastes generated within Pueblo County; that the
discharge into the City 's POTW of septic and conventional liquid
wastes can cause Interference with treatment works unless
regulated; that septic tank users should be required to bear the
fair and proportionate cost of treatment of such septic wastes ;
and that to encourage compliance with City ordinances regulating
septic waste businesses, it is necessary to provide for imposition
of penalties for violations.
SECTION 2.
Section 9-10-21 of Title IX of the 1971 Code of Ordinances,
as amended, is hereby repealed in its entirety.
[9-10-21: CLEANING OF PRIVATE SEWAGE DISPOSAL FACILITIES ;
LICENSE REQUIRED
(a) It shall be unlawful for any person to engage in
the business of cleaning out privy vaults or cesspools and
removing the contents of the same through the streets or
alleys of the city without a license so to do. Such license
shall be issued upon payment of a license fee of twenty-five
dollars ( $25. 00 ) for each year, for each vehicle to be used.
(b) No license shall be issued hereunder until the
applicant shall have executed and filed a bond with good and
sufficient surety in the sum of five hundred dollars
($500.00 ) , conditioned that the licensee shall faithfully
comply with all ordinances then or thereafter in force
relating in any manner to the business of licensee , that
licensee shall pay all fines and penalties levied against him
for the violation of any such ordinances, and will surrender
up his license, if revoked by order of the Council for the
violation of any of the provisions of such ordinances . ]
SECTION 3.
Title XVI of the 1971 Code of Ordinances is hereby amended by
the addition of a new Chapter 10 to read as follows :
TITLE XVI
WATER AND SEWER
CHAPTER 10
SEPTIC WASTE BUSINESSES
SECTION SUBJECT
16-10-1 Definitions
16-10-2 Permits
16-10-3 Operating Requirements
16-10-4 Revocation Procedures
16-10-5 Unlawful Conduct
16-10-1: DEFINITIONS
(a) As used in this Chapter, the term
( 1 ) "sewer system" shall mean both sanitary sewer
collection and wastewater treatment systems operated by the
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City of Pueblo.
(2 ) "urban drainage system" shall mean the systems
of detention basins, drain pans, culverts and inlets, and
pipes and conduits connected thereto, or transmitting flow
therefrom, which are owned and operated by the City of Pueblo
for the purpose of collection of storm water and conveyance
thereof to natural drainage channels. The term shall also be
taken to include all private culverts, conduits , drain pans
and pipes which are capable of conveying liquids toward or
into the City 's storm water collection system, regardless of
whether the private facilities are directly connected or not.
( 3 ) "septic waste business" shall mean any person,
partnership, corporation or association which engages in any
of the following operations or operates a business engaged in
or which perform such services :
( i ) the cleaning out or drainage of septic
tanks , cesspools , privy vaults , portable toilets or
grease traps within the City; or
( ii ) the haulage by truck or other conveyance
anywhere within or through the City of any sewage ,
septic waste, cesspool waste, grease trap cleanings or
other liquid waste of conventional nature; or
( iii ) the discharge of any waste or wastewater
into the sewer system except that by a sewer user
discharging wastewater produced or generated on building
premises through the authorized and permanent pipe
connection and building sewer for such premises .
(4) "septic wastes" shall mean all forms of
domestic wastewater including waste and wastewater from
cesspools , septic tanks , privy vaults , portable toilets ,
grease traps, and other conventional liquid wastes.
(b) all other words used in this Chapter shall have the
special meaning ascribed to them by use or definition in
Chapters 3 , 4, 5, 6, 7 and 9 of this Title and Chapter 1 of
Title I , but if no special meaning has been given , words
shall have their commonly understood meaning.
16-10-2: PERMITS
(a) Any person conducting a septic waste business shall
be required to obtain a permit therefor. Applications for
such permit shall be submitted to the City Director of
Utilities and contain or be accompanied by all of the
following items :
(1 ) a nonrefundable annual permit fee in the
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amount of $100. 00 which shall be deposited to the credit of
the Sewer User Fund.
(2 ) a statement of the applicant's name, address
and telephone number. If the applicant is a partnership, the
application shall state the names and addresses of at least
three general partners, unless there are fewer than three
general partners, in which case the names and addresses of
all of the general partners shall be identified and the names
and addresses of additional limited partners stated. If the
applicant is a corporation, the names and addresses of the
President, Secretary, Treasurer and any local manager shall
be stated.
(3 ) identification of all vehicles, and the
holding capacity thereof, to be used in connection with the
septic waste business within the City or in transporting any
septic wastes within the City, such identification to include
vehicle make, model, model year, vehicle identification
number (VIN number) , motor vehicle title number and motor
vehicle registration (license plate) number.
(4 ) a certificate of inspection by Pueblo City-
County Health Department for all vehicles identified pursuant
to subsection (a) (3 ) of this section indicating that at the
time of inspection:
( i ) the vehicle had a tank or body for the
holding of septic wastes so constructed and maintained
as to be completely spill and leak proof ; and
( ii ) the vehicle is equipped with a double
drain valve in series or similar redundant design
feature to prevent spill or leakage of septic wastes in
the event of drain valve failure.
The Pueblo City-County Health Department is authorized
and empowered to charge a reasonable fee to defray the cost
of performing such vehicle inspections.
(5 ) the address where the vehicles used in connec-
tion with the business or in transporting any septic wastes
within the City will be stored or parked when not in use.
(6 ) adequate proof that the applicant has in
effect General Public Liability and Property Damage Insurance
issued to and covering the liability of the applicant with
respect to all operations and conduct of the applicant in
connection with the septic waste business , to be written on a
comprehensive policy form and written in amounts not less
than $400, 000. 00 per occurrence and aggregate for both
personal injury , including death and bodily injury , and
property damage.
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(7 ) adequate proof that the applicant maintains
and has in effect Workmen' s Compensation Insurance in
accordance with requirements of state law.
(8 ) a license and performance bond in the penal
sum of $5,000. 00 executed by applicant and a corporate surety
authorized to issue bonds in the State of Colorado condi-
tioned that the applicant will conduct the septic waste
business in accordance with all laws and ordinances, and that
he will fully comply with the provisions of this Title XVI ,
and that he will pay for all costs of cleanup of any spill
resulting from his operations and further that he will
promptly pay all sewer user and high strength surcharge fees
as same become due.
(b) All permits shall expire at 11: 59 p.m. on December.
31st of each year unless renewed for the following year by
submission of all required items and the annual fee.
(c) Each permittee shall be provided by the Director of
Utilities with an identifying sticker or placard to be
conspicuously displayed upon the driver's door of each
vehicle identified in the application and for which the
permittee obtained and filed a certificate of inspection.
16-10-3: OPERATING REQUIREMENTS
(a) Manifest System. All permittees shall keep and
maintain a manitest record for all septic wastes removed or
transported by the permittee. The manifest record shall be
designed so as to produce an original and at least two copies
upon the same impression.
(1 ) Permittees shall prepare a manifest record
each time they pump or receive septic wastes into a vehicle
for transport and disposal . The manifest record shall
contain identification of the source of the septic wastes,
the type of septic wastes , the name and address of the
customer or person for whom septic service is being provided,
the address where the septic waste was received, the
gallonage of septic wastes removed and placed in the vehicle,
the date and time the septic waste was received into the
vehicle, identification of the permittee and the particular
vehicle used and the mileage on the vehicle odometer prior to
leaving the location where the septic waste was received.
Prior to transporting the septic waste , an employee of
permittee with knowledge of the accuracy of the information
contained in the manifest shall sign the manifest certifying
the information to be true to the best of his knowledge.
(2 ) Permittees shall supplement the manifest
record at the time of disposal or discharge of the septic
wastes to the designated receiving point of the sewer system
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or another facility duly authorized to accept such wastes .
The permittee shall place on the manifest record identifica-
tion of the disposal facility and its address, the gallonage
of septic wastes discharged, the vehicle odometer mileage and
the date and time of such discharge . An employee with
knowledge of the accuracy of this supplemental information
shall sign the manifest certifying the supplemental
information to be true to the best of his knowledge.
( 3) A copy of the manifest records bearing all
required information and signatures shall be retained by the
permittee for a period of not less than three (3 ) years and
shall be available for inspection during reasonable business
hours by the Director of Utilities and his designees .
(4 ) The original copy of the manifest records for
all septic wastes received or transported during any month
and bearing all required information and signatures shall be
submitted to the Director of Utilities by not later than the
10th day of the following month.
(5 ) Every vehicle used by a permittee for the
receiving or transportation of septic wastes shall carry a
copy of the manifest record for all septic wastes received or
transported at any time during the preceding 24 hours .
( 6 ) Upon demand of any police officer, employee of
the Pueblo City-County Health Department, or employee of the
Department of Utilities , the driver of any vehicle shall
produce for immediate inspection the manifest records for any
septic waste presently on the vehicle and a copy of such
records for all septic wastes received or transported by the
vehicle during the preceding 24 hours .
(b) Vehicles and Equipment. Only vehicles for which a
current cer i ica e o inspec ion has been issued in accord-
ance with Section 16-10-2 (a) ( 4 ) shall be employed in trans-
port of septic wastes . All permittees shall maintain
vehicles in a safe and sanitary condition. Permittees shall
receive, transport and discharge wastes in a manner so as to
avoid leaks, spills and accidental discharge. Permittees
shall immediately contain and clean up any spill or leakage
which may occur.
(c ) Discharge Only To Authorized Facilities . No person
engaged in the septic waste business, including ail employees
thereof, shall discharge septic wastes other than to either
the designated receiving point of the sewer system or another
facility duly authorized to accept such wastes . It is
specifically prohibited for any person engaged in the septic
waste business, including all employees thereof , to discharge
or overflow any septic wastes to the urban drainage system.
(d) Authorization and Use of Designated Receiving Point .
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( 1 ) Any permittee desiring to discharge to sewer
system shall obtain authorization from the Director of
Utilities to do so. If authorization is given, permittee may
be issued magnetic or other access cards or devices , which
may only be used by permittee for the vehicles for which
issued, in order to gain access to the designated receiving
point of sewer system.
(2) The Director of Utilities is authorized to
adopt reasonable rules and regulations governing use of and
safety at the designated receiving point. Such rules and
regulations shall be observed by all permittees .
(3 ) Discharge by septic waste businesses into the
sewer system is subject to all requirements of Chapter 6, 7
and 9 of this Title and subject to payment of all sewer user
and high strength surcharges at the rates therein established
and as may be modified by ordinance or resolution.
( 4 ) Authorization to use the designated receiving
point may be suspended or revoked by the Director of
Utilities for any of the following reasons : revocation ,
suspension or expiration of septic waste business permit,
disregard or violation of rules and regulations governing use
of the designated receiving point, disregard or violation of
any ordinance of the City or of any provision of Chapters 6,
7 or 9 of this Title, operating in an unsafe or unsanitary
manner, misuse of access cards , failure to timely pay all
fees and charges including sewer user and high strength sur-
charges, and discharge at other than the designated receiving
point. Upon suspension or revokation of authorization, the
septic waste business shall immediately return all access
cards or devices issued to it.
(e) Sampling. Employees of the Department of Utilities
and of the Pueblo City-County Health Department are
authorized and shall be permitted, without prior notice, to
take samples of the contents of any vehicle used in
connection with any septic waste business . Permittees and
their employees shall cooperate with and assist such
authorized personnel in obtaining samples.
(f ) Prohibited Wastes . No hazardous waste, as the term
is presently or hereatter defined by regulations promulgated
by the Administrator of the Environmental Protection Agency
and published as Part 260 of Title 40 , Code of Federal
Regulations shall be transported in vehicles used to
transport septic wastes, nor shall any such hazardous wastes
be discharged into sewer system or the designated access
point of same.
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16-10-4: REVOCATION PROCEDURES
(a) Septic Waste business permits may be revoked or
suspended by the Director of Utilities for any of the
following reasons:
(1 ) cancellation, termination or expiration of
required insurance or bonds;
(2 ) misrepresentation of material fact or conceal-
ment of material fact;
(3 ) disregard or violation of any provision of
Chapters 6, 7 or 9 of this Title;
(4 ) discharge to other than a designated receiving
point of sewer system or another authorized facility;
( 5 ) violation of state or federal clean water laws
or regulations;
(6 ) conducting operations in an unsafe or unsani-
tary manner;
(7 ) failure to timely pay all sewer user charges
and fees including high strength surcharges.
(b) If the Director of Utilities has received informa-
tion causing him to have reason to believe that suspension or
revocation of the permit may be appropriate, he shall provide
notice and conduct a hearing as follows:
( 1 ) written notice of the basis for suspension
shall be provided to the permittee. It shall be given by
either personal service or by mail via first class United
States mail, postage prepaid, to the permittee 's last known
address as shown in the Department of Utilities permit files.
(2 ) The notice shall generally state the grounds
for suspension or revocation and state the proposed action
being considered. The notice shall advise the permittee that
he may request a hearing on the matter at which he may submit
information and evidence relevant to the matter provided he
file his request for hearing with the Director of Utilities
not later than a date specified in the notice, which shall be
not less than 10 days from the date the notice is personally
served or mailed. The notice shall also advise the permittee
that if a request for hearing is not timely submitted, the
suspension or revocation may be imposed without further
notice.
(3 ) If a hearing is timely requested, the hearing
shall be conducted before the Director of Utilities and a
record kept. At the hearing the permittee may be represented
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by counsel and may offer relevant testimony and evidence
bearing on the grounds for suspension or revocation as well
as any mitigating factors which may bear upon the duration of
any suspension.
( 4 ) Except to the extent in conflict herewith, the
hearing shall be conducted as nearly as practicable in
accordance with the procedures specified in Title I of this
Code; provided, however, that no procedural infirmity in the
hearing process shall invalidate the Director ' s decision
unless substantially prejudicial to permittee.
(5) The decision of the Director to suspend or
revoke shall be made in writing and contain findings of fact.
The decision shall become final and conclusive unless
judicial review is sought pursuant to Rule 106 of the
Colorado Rules of Civil Procedure.
16-10-5: UNLAWFUL CONDUCT
(a) It shall be unlawful and a Class 1 municipal
offense for any person:
(1 ) to operate or engage in the septic waste
business without a valid permit; or
(2 ) to operate a septic waste business during a
period when its business ' permit is under suspension or has
been revoked; or
( 3 ) to receive, transport or discharge septic
waste in an unsanitary manner; or
(4 ) to leak, spill or discharge septic waste other
than to an authorized treatment facility or to the designated
access point; or
(5 ) to introduce or cause to be introduced any
hazardous wastes or wastes prohibited by Section 16-9-3 of
Chapter 9 of this Title into sewer system; or
(6 ) in conducting a septic waste business to fail
to immediately take all reasonable and appropriate measures
to contain and clean up any leakage or spill which may occur;
or
(7 ) to knowingly obstruct , hinder or interfere
with any employee of the Department of Utilities acting under
color of his official authority, in the discharge or apparent
discharge of his duties , by means of physical force or
violence or by threats of imminent physical force or
violence; or
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(8 ) to fail to make, maintain or submit manifest
records to the City as required.
(b) Any person convicted of any offense defined in this
section or elsewhere in this Chapter shall be punished as
provided in Section 11-1-103 of this Code.
SECTION 4.
This Ordinance shall become effective at 12 : 01 a .m. on
January 1, 1990.
INTRODUCED: November 13 , 1989
By DR. GILBERT GARBISO
Councilman
ATTEST: APPROVED:
/tot/
CiY Clerk re ident of to City Council
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