n.a.
CHAPTER 32
SEWER AND SEWAGE ORDINANCE
SANITATION AND MAINTENANCE SERVICE
SECTION 1.
Sewer Permit Required. No person shall make any connection with
any public sewer, either directly or indirectly, without first having
obtained the proper permit and paid the required fee.
Application for Permit. An application for a permit to connect to
any sewer, inside the corporate limits of the Reservation, must be made
in writing by the owner, who must state the location of the property to
be served, the lot and block numbers, also for what purposes the
premises to be served will be used. After application has been
approved by the Sanitation Maintenance Service, a permit will be
issued upon payment for each connection to be made either directly or
indirectly with the Sanitation Maintenance Service Sewer System.
No person except a Master Plumber or a Pipelayer shall be permitted to
make the connection or do any work in the streets or alleys.
If it is found necessary to tap a sewer at any other place that where a
"Y" has been placed, the Sanitation and Maintenance Manager must be
notified and the break into or tap must be made under the supervision
of the authorized Sanitation Maintenance Service Representative. No
sewer work shall be covered until it has been inspected and approved by
the authorized Sanitation Maintenance Service Representative.
Returns. All Master Plumbers and Pipelayers shall, within
forty-eight (48) hours after making a connection with a sewer, make a
return to the Sanitation Maintenance Service Office, certifying thereon
that the connection covered by the permit was made according to
Sanitation Maintenance Service ordinances, and show the exact location
(as-built drawing) of the connection, also the size, length and
location of the service. The Sanitation Maintenance Service may refuse
to approve any more connection permits for any person who has failed to
make a return within forty-eight (48) hours for any previous water tap
or sewer connectioin.
Sewer Connections at Owner's Expense. All sewer connections from
the public sewer to the user's property shall be laid and constructed
by a Master Plumber or Pipelayer, and the Sanitation and Maintenance
Service shall not be responsible for any expense in connection
therewith.
Owner's Duty To Maintain Private Sewer Lines and House Connections If
any person shall fail to properly maintain a private sewer line or any
house service sewer line, the supply of water may be shut off from the
premises served as provided for in the Water Code.
Sewer Tampering. No person shall open any manhole or catch basin along
any sewer without prior authorization from the Sanitation Maintenance
Service.
Separability. Except as may be otherwise expressly provided in this
title, all pwers and authorities conferred by this Chapter shall be
cumulative and additional to, and not in derogation of, any pwers and
authorities otherwise existing. Notwithstanding any other evident
intent, it is hereby declared to be the controlling intent of the
governing body of the Tribal Council that if any provisions of this
Chapter or the application thereof to any persons or circumstances,
shall be adjudged by an Court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder of
this Ordinance, title or chapter or its application to other persons
and circumstances but shall be confined in its operation to the
particular ordinance section or subsection thereof; or the application
therof to persons and circumstances directly involved in the
controversy in which such judgment shall have been rendered.
CHAPTER II
SECTION B. DISCHARGE OF INDUSTRIAL WASTES INTO PUBLIC SEWER SYSTEM
Definitions. For the purpose of this Chapter, the following words
and phrases shall have the meaning respectively ascribed to them by
this Section:
Bod - such terms denoting biochemical oxygen demand, shall mean
the quantity of oxygen, expressed in parts per million by weight,
utilized in the biochemical oxidation of organic matter under
standard laboratory procedures for fice days at twenty degrees
centigrade. The standard laboratory procedure shall be that found
in the latest edition of "Standard Methods for Examination of
Water and Sewage", published by the American Public Health
Association.
Garbage - shall mean solid wastess from the preparation, cooking
and dispensing of food, and from the handling, storage and sale of
produce.
Ground Garbage - shall mean the wast from the preparatioin,
cooking, and dispensing of foods that has been comminuted to such
degree that all particles will be carried freely in suspension
under conditions normally prevailing in public sewers, with no
particle greater than one-half inch in any dimension.
IDOD - such terms, denoting immediate dissolved oxygen demand shall
mean the immediate oxygen demand of a polluted liquid or the
apparent BOD for fifteen minutes at twenty degrees centigrade. The
standard laboratory procedure shall be that found in the latest
edition of "Standard Methods for Examination of Water and Sewage",
published by the American Public Health Association.
Industrial Waste - shall mean any solid, liquid or gaseous
substance or form of energy rejected or escaping from an
industrial, manufacturing trade, or business process or from the
development, recovery, or processing of natural resources.
Natural Outlet - shall mean any outlet into a watercourse, pond,
ditch, lake or other body of surface water or ground water.
pH - shall mean the logarithm (base 10) of the reciprocal of the
hydrogen ion concentration expressin in moles per liter and
indicates the degree of acidity or alkalinity of a substance.
Public Sewer - shall mean a common sewer controlled by public
authority.
Receiving Stream - shall mean that body of water, stream or water
course receiving the waters discharged from the sewage treatment
pond or the watercourse formed by the effluent from the sewage
treatment pond.
Sanitary Sewer - shall mean a sewer that carried sewage or
industrial wastes and to which storm, surface or ground waters or
unpolluted wastes are not intentionally admitted.
Sewage - shall mean the water-carried human, animal and household
waste in a community or private drain. Such term may include
ground water infiltration, surface draining and industrial wastes.
Sewage Treatment Works - shall mean the arrangement of devices and
structures for treating sewage, industrial waste and sludge.
Sewage Works - shall mean all facilities for collecting, pumping,
treating, and disposing of sewage; namely the sewage system and
the sewage treatment works.
Sewer - shall mean a pipe or conduit for carrying sewage or other
waste liquids.
Sewage System - shall mean the network of sewers and appurtenances
for the collection, transportation, and pumping of sewage and
industrial wastes.
Sludge - shall mean any discharge of water, sewage or waste
exceeding a concentration or flow greater than five times that of
the average twenty-four hour discharge from the person, which is
discharged continuously for a period longer than fifteen minutes.
Suspended Solids - shall mean solids that either float on the
surface of, or are in suspension in water, sewage, or other liquids
and which are removable by laboratory filtration.
Unpolluted - such terms shall mean unaffected by sewage or
industrial wastes.
Pretreatment of Industrial Wastes - where required, in the opinion
of the Sanitation Maintenance Service, the owner shall provide, at
his own expense such preliminary treatment or handling as may be
necessary to:
(a) Reduce BOD to 300 ppm, IDOD to 100 ppm and suspended
solids to 350 ppm.
(b) Modify the objectionable characteristics or constituents
to come within the maximum limits provided for in the preceding
paragraph.
(c) Control the quantities and rates of discharge of such
waters or wastes over a twenty-four hour day and a seven day week.
Plans, specifications and any other pertinent information relating to
proposed preliminary treatment or handling facilities shall be submitted
for the approval of the Sanitation Maintenance Service. No construction
of such facilities shall be commenced until approval is obtained.
Discharge of Wastes - Generally. Except as provided in this Chapter,
no person shall discharge or cause to be discharged any of the
following described wastes or waters into any public sewer.
(a) Any liquid or vapor having a temperature high than one hundred
and forty (140) degrees fahrenheit.
(b) Any water or waste containing more than 100 ppm by weight of
fats, oils or greases.
(c) Any liquids, solids, or gasses which by reason of their
nature or quality may cause fire or explosion or be in any other way
injurious to persons, to the sewage work structures or to the operation
of these works.
(d) Any noxious or malodorous gas or other substances, which,
either singly or by interaction with other wastes, is capable of
creating a public nuisance or hazard to life or preventing entry into
sewers for their maintenance and repairs.
(e) Any garbage that has not been comminuted or shredded.
(f) Any ashes, cinders, sand, mud, straw, shavings, metal, glass,
bones, feathers, tires, plastic, wood, paunch, manure, butchers offal
or any other solids or viscous substance capable of causing
interference with the proper operation of the sewage system or the
sewage treatment works.
(g) Any water or waste having a pH lower than 6.5 or higher than
9.5 or having any corrosive property capable of causing damage or
hazards to structures, equipment of personnel of the sewage works.
(h) Any water or waste containing any toxic substances in
quantities sufficient to interfere with the biochemical processes of
the sewage treatment works or that will pass through the sewage
treatment works and exceed the state or interstate requirements for the
receiving stream.
(i) Any water or waste that contains flouride in excess of a
concentration determined by multiplying 9.2ppm by the reaction of the
average flow in the receiving stream to the design flow of the sewage
treatment works.
(k) Any toxic radioactive isotopes, without special permit.
(l) Any water or waste that contains flouride in excess of a
concentration determined by multiplying 1.2 ppm by the ration of the
average flow in the receiving stream to the design flow of the sewage
treatment works.
Regulations - Generally. The following regulations shall govern
admission of industrial wastes to the sewage works:
(a) Interceptors - Required. Grease, oil, and sand interceptors
and dilution tanks shall be provided when, in the opinion of the
Sanitation Maintenance Service they are necessary for the proper
handling of liquid wastes containing a grease in excessive amounts or
any flammable wastes, sand and other harmful ingredients, except that
such interceptors or tanks shall not be required for private living
quarters or dwelling units.
(b) Same - Type, capacity, and location. All interceptors shall
be of a type and capacity approved by the Sanitation Maintenance
Service and shall be located under cover and so as to be readily and
easily accessible for cleaning and inspection. Interceptors shall not
be located so as to receive rainwater or unpolluted runoff.
(c) Same - Construction of grease and oil interceptors. Grease
and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped with
easily removable covers which, when bolted in place shall be gastight
and watertight.
(d) Same - Maintenance. Where installed, all grease, oil and
sand interceptors shall be maintained by the owner, at his expense, in
continuously efficient operation at all times. Interceptors shall be
cleaned at least once a week.
(e) Maintenance of preliminary treatment facilities. Where
preliminary treatment facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective
operation by the owner at his expense
(f) Manholes. When required by the Sanitation Maintenance
Service, the owner of any property served by a building sewer carrying
industrial wastes shall install a suitable control manhole on the
building sewer to facilitate observation and sampling of the wastes.
Such manhole, when required, shall be accessible and safely located and
shall be constructed in accordance with plans approved by the
Sanitation Maintenance Service. The manhole shall be installed by the
owner at his expense and shall be maintained by him so as to be safe
and accessible at all times.
(g) Tests and analyses. All tests and analyses of the
characteristics of waters and wastes shall be determined in accordance
with "Standard Methods for the Examination of Water and Sewage" (line
not legible). . . . . . . . . . . . and at the control provided for in
the preceding subsection or upon suitable samples taken at such control
manhole.
Separability. Except as may otherwise expressly be provided in this
Title, all powers and authorities conferred by the Chapter shall be
cumulative and additional to, and not in derogation of, any powers and
authorities otherwise existing. Notwithstanding any other evidences of
intent, it is hereby declared to be the controlling intent, it is
hereby declared to be the controlling intent of the governing body of
the Tribal Council that if any provisions of this Chapter of the
application thereof to any persons or circumstances, shall be adjudged
by any Court of competent jurisdiction to be invalid, such judgment
shall not effect, impair, or invalidate the remainder of this
Ordinance, Title, or Chapter, but shall be confined in its operation to
the provisions of the particular Ordinance Section or subsection
thereof; or the application thereof to the persons and circumstances
directly involved in the controversy in which such judgment shall have
been rendered.
Penalty. Any person, firm, or corporation violating any provision of
this Chapter shall be punished by a fine not less than one dollar
($1.00) nor more than one hundred dollars ($100.00), or by imprisonment
in jail for not more than thirty (30) days, or by both such fine and
imprisonment; and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
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