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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 Section 9-10-21 of Title IX of the 1971 Code of Ordinances, as amended, is hereby repealed in its entirety.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 -2- 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 -3- 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. -4- (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 -5- 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 . -6- ( 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. -7- 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 -8- 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 -9- (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 TJF 32. 12 -10-