28 - Article III Chapter 34 Wastewater Discharge and Disposal Revisions

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Sec. 34-88. - Civil penalties. Any user who is found to have violated an order of the city council or who willfully or negligently failed to comply with any provision of this article, the orders issued in accordance with authority granted in this article and permits issued hereunder, may be enjoined from doing the prohibited act(s) and may be mandated to do required acts. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued hereunder. Sec. 34-89. - Falsifying information. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these provisions, shall be subject to the laws of the state prohibiting the same. Secs. 34-90-34-100. - Reserved. DIVISION 3. DISCHARGE RESTRICTIONS Sec. 34-101. - Private collection system restrictions. No person owning property within two hundred (200) feet of a public sewer shall construct, use or maintain or allow to be constructed, used or maintained, on or about such property, any apparatus for the purpose of receiving or removing sewage matter or slop of any kind, unless the same is connected with the sanitary sewer system of the city, nor shall lack of private or public sewers be a lawful reason for any person to make a direct or indirect discharge of wastewater or polluted water to a storm sewer or any ditch, gutter, manhole or other conveyance. Sec. 34-102. - Connection to sewers required. (a) Every building containing plumbing, any portion of which is within two hundred (200) feet of an available sewer, shall be connected with the public sewer within six (6) months after the owner, lessee, or occupant thereof receives written notice from the city engineer or his designee to do so. For the purposes of this provision, notice shall begin upon mailing of such notice by certified or registered mail directed to the owner, lessee or occupant. (b) Upon failure of the owner, lessee or occupant to connect the premises to a public sewer, the city engineer or his designee shall have the right to make the connection of such premises to the public sewer and charge the cost thereof, including labor and materials necessarily used, as well as any other expenses connected therewith, against such owner, lessee or occupant, Page 29 of 45