Section 24-523. Industrial waste; sewer surcharges

a. Definitions. As used
  in this section, the following terms shall mean:
    1. Commissioner. Commissioner of environmental protection.
    2. Sewer system. The sewers,  manholes,  intercepting  sewers,  sewage
  pumping,  treatment  and  disposal works, and any other plants, works or
  equipment and accessories within the city, which are used or  useful  in
  connection  with  the  collection,  treatment  or disposal of sewage and
  waste, and which are owned, operated or maintained by the city  as  part
  of the public sewer system.
    3.  Sewage.  The water-carried human or animal wastes from residences,
  buildings, industrial establishments, or  other  places,  together  with
  such  ground water infiltration and surface water as may be present. The
  admixture with sewage as above defined  by  industrial  waste  or  other
  wastes  as  hereafter  defined, also shall be considered "sewage" within
  the meaning of this section.
    4. Industrial waste. Any liquid,  gaseous  or  solid  substance  or  a
  combination   thereof   resulting   from   any   process   of  industry,
  manufacturing, trade or business or from the development or recovery  of
  any natural resources.
    5.  Other  wastes.  Garbage,  refuse, decayed wood, sawdust, shavings,
  bark, sand, lime, cinders, ashes, and all  other  discarded  matter  not
  sewage or industrial waste.
    6.   B.O.D.  (Denoting  biochemical  oxygen  demand).  The  laboratory
  determination of the quantity of  oxygen  utilized  in  the  biochemical
  oxidation  of  organic  matter  in  a  given  time  and  at  a specified
  temperature. It is expressed in parts per million (p.p.m) or  (mg/liter)
  of oxygen used in a period of five days at twenty degrees C.
    7.  S.S.  (Denoting suspended solids). The laboratory determination of
  the dry weight expressed in parts per million (p.p.m) or  (mg/liter)  of
  solids  that  either float on the surface or are in suspension in sewage
  and can be removed from sewage by filtration.
    8.  pH.  The  logarithm  of  the  reciprocal  of  the   hydrogen   ion
  concentration.   It   indicates  the  intensity  scale  of  acidity  and
  alkalinity expressed in terms of pH scale running from 0. to  14.  A  pH
  value  of  7.0  the  midpoint of the scale, represents exact neutrality.
  Values above 7.0 indicate alkalinity and those below 7.0 acidity.
    9. Chlorine demand. The amount of chlorine expressed in milligrams per
  liter which will complete the normal reactions with  all  chemicals  and
  materials  in  the  waste  leaving an excess of 0.1 milligrams per liter
  after thirty minutes contact time at room temperature.
    10. Normal Sewage. Sewage, industrial waste or other wastes having all
  of the following characteristics:
       B.O.D.                    1,667 lbs. per million gallons
                                (200 parts per million) or less.
       Chlorine Demand          208 lbs. per million gallons
                                (25 parts per million) or less
       S.S.                     1,667 lbs. per millions gallons
                                (200 parts per million) or less
       Ether soluble materials  417 lbs. per million gallons
                                (50 parts per million) or less
       pH                        not less than 5.0 and not more than 9.5
    11. Receivable Industrial Waste. Sewage,  industrial  waste  or  other
  wastes having all of the following characteristics:
       B.O.D.                    2,500 lbs. per million gallons
                                (300 parts per million) or less
       Chlorine Demand          208 lbs. per million gallons
                                (25 parts per million) or less
       S.S.                     2,916 lbs. per million gallons

                                (350 parts per million) or less
       Ether soluble materials  417 lbs. per million gallons
                                (50 parts per million) or less
       pH                        not less than 5.0 and not more than 9.5;
  and  such  other characteristics as may be specified by the commissioner
  by rules and regulations  promulgated  pursuant  to  the  provisions  of
  subdivision e of this section.
    12.  Pollutants. Substances which may be present in sewage, industrial
  waste or other waste, whether gaseous, liquid or solid, the  amounts  of
  which,  for the purposes of this section, shall be determined by the sum
  of the B.O.D. and the S.S. present therein.
    13. Toxic substances. Any substance on the list of toxic pollutants or
  combination of pollutants published by the administrator of the  federal
  environmental  protection  agency  pursuant  to section 307(a)(1) of the
  federal water pollution control act, commonly referred to as  the  clean
  water  act,  as  amended,  or  any  substance whether gaseous, liquid or
  solid, which when discharged  to  the  sewer  system  may  tend  to  (i)
  interfere with or inhibit any sewage treatment plant process or disposal
  operations,  or  (ii)  be  detrimental  to the health of human beings or
  animals or to aquatic life.
    14. Cost per pound of removing pollutants from sewage discharged  into
  the sewer system. An amount certified annually by the commissioner which
  shall  be  determined by dividing the total costs of removing pollutants
  from the sewage discharged into the sewer  system  during  the  calendar
  year  immediately  preceding  the  date  of certification (including the
  interest and amortization  paid  in  such  year  upon  indebtedness  for
  capital  improvements  in connection therewith other than original plant
  construction or expansion) as computed by the commissioner, by the total
  number of pounds of pollutants removed in such year as computed  by  the
  commissioner.  The  amount so certified shall be filed in the department
  of public works on July  first  of  each  year  and  shall  be  used  in
  computing  the  surcharges  hereunder  for  the  use of the sewer system
  during the one year period commencing on such July first.
    15. Laboratory determination. The measurements, tests and analyses  of
  the  characteristics of waters and wastes in accordance with the methods
  contained in the latest edition at the time of any such measurement test
  or analysis, of "Standard Methods for Examination of Water and Sewage" a
  joint  publication  of  the  American  public  health  association,  the
  American   waterworks   association  and  the  water  pollution  control
  federation or in accordance with any  other  method  prescribed  by  the
  commissioner  by  rules  and  regulations  promulgated  pursuant to this
  section.
    b. Imposition and computation of sewer surcharge.
    1. In addition to any other fees, charges or sewer rents  provided  by
  section  24-514 of the code or any other law, the owner of any parcel of
  real property connected with the sewer system, including but not limited
  to real property connected with the sewer system by means of  a  private
  sewer or drain emptying into the sewer system, shall pay a surcharge for
  the use of the sewer system for discharging any sewage, industrial waste
  or   other   waste,   accepted   for  admission  thereto  in  which  the
  characteristics resulting from pollutants contained therein  exceed  the
  maximum values of such characteristics in receivable industrial waste as
  defined  in  subdivision a of this section and the rules and regulations
  of the commissioner adopted pursuant to this section.
    2.  i. Such charge shall be computed by the commissioner in accordance
  with the following formula: The amount of the surcharge shall equal  the
  product of:

    (A)  the  cost per pound of removing pollutants from the sewage in the
  sewer system,
    (B) a conversion factor and
    (C)  the volume of sewage, industrial waste or other wastes discharged
  into the sewer  system,  multiplied  by  the  sum  of  (A)  the  average
  concentration  in  parts  per  million by weight of suspended solids for
  sewage, industrial waste or  other  wastes  discharged  into  the  sewer
  system,  in excess of three hundred fifty parts per million, and (B) the
  average concentration in parts per million by weight of the  biochemical
  oxygen  demand  for sewage, industrial waste, or other wastes discharged
  into the sewer system in excess of three hundred parts per million. Such
  formula expressed in symbols shall be as follows:
 
           Ds = C x F x V x [(S.S. -- 350) + (B.O.D. - 300)]
  where
           Ds = amount of surcharge, in dollars;
            C = cost per pound (in dollars) of removing pollutants
                from the sewage discharged into the sewer system
                expressed to the nearest tenth of a cent;
            F = 62.4
                1,000,000, i.e., the factor for converting parts per
                million by weight to pounds per million cubic feet;
            V = volume, in cubic feet of sewage, industrial
                waste or other wastes discharged from such
                premises into the sewer system;
         S.S. = parts per million by weight of suspended solids
                in sewage, industrial waste or other wastes discharged
                from such premises into the sewer system;
          350 = maximum parts per million by weight of S.S.
                allowable in receivable industrial waste;
       B.O.D. = parts per million by weight of B.O.D. in the
                sewage, industrial waste or other wastes discharged
                from such premises into the sewer system;
          300 = maximum parts per million by weight of B.O.D. allowable
                in receivable industrial waste.
 
    ii. In applying such formula the commissioner may use, as  the  figure
  representing  the  number  of  cubic  feet of sewage discharged into the
  sewer system,
    (A) the amount of water supplied to the premises  by  the  city  or  a
  private  water company as shown upon the water meter if the premises are
  metered, or
    (B) if the premises are  supplied  with  river  water  or  water  from
  private  wells,  the  amount  of  water  supplied  from  such sources as
  estimated by the commissioner, pursuant to paragraph four of subdivision
  b of section 24-514 of this chapter, or
    (C) if such premises are used for an industrial or commercial  purpose
  of  such  a  nature  that  the  water supplied to the premises cannot be
  entirely discharged into the sewer system, the estimate of the amount of
  sewage discharged into  the  sewer  system  made  by  the  commissioner,
  pursuant to the provisions of paragraph five of subdivision b of section
  24-514 of the code, or
    (D)  the  number  of  cubic  feet  of sewage discharged into the sewer
  system as determined by measurements and  samples  taken  at  a  manhole
  installed by the owner of the property served by the sewer system at his
  or  her  own  expense in accordance with the terms and conditions of the
  permit issued by the commissioner pursuant to this method, or

    (E) a figure determined by the commissioner by any combination of  the
  foregoing or by any other equitable method.
    c.  1.  The commissioner may require that a permit be obtained for the
  discharge whether direct or indirect into the sewer system or  into  any
  private  sewer  or  drain  emptying  into  the  sewer system, of sewage,
  industrial wastes or other wastes, the characteristics of which  do  not
  conform   to   the  characteristics  prescribed  for  normal  sewage  in
  accordance with the provisions of paragraph ten of subdivision a of this
  section or for the  discharge  of  any  toxic  substance  or  any  other
  objectionable   material   or  substance  specified  by  the  rules  and
  regulations promulgated pursuant to subdivision e of this  section.  The
  commissioner,  in  his  or  her discretion, may require a permit for all
  such discharges or for any class or category  of  such  discharges.  Any
  discharge  pursuant  to  such  permit  shall  be  upon  such  terms  and
  conditions as may be established by the commissioner in the issuance  of
  such  permit.  Such  terms  and conditions may include requirements of a
  limitation upon the volume of sewage and the rate of flow permitted from
  the premises which are the subject of the permit, the  installation  and
  maintenance  by the permittee at his or her own expense of facilities or
  equipment  for  intermittent  or  continuous  measurement   of   sewage,
  industrial  waste  or other wastes discharged into the sewer system from
  such premises, the installation and maintenance by the permittee, at his
  or her own expense, of detention tanks or other facilities or  equipment
  for reducing the maximum rates of discharge of sewage to such percentage
  of the twenty-four hour rate as may be required by the commissioner, the
  installation and maintenance by the permittee, at his or her own expense
  of  such  preliminary  treatment  facilities  as  may be required by the
  commissioner, the installation and maintenance by the permittee, at  his
  or her own expense, of a suitable control manhole in the house sewer, if
  any,  carrying  such  sewage;  the  submission  to  and  approval by the
  commissioner of the  plans  for  any  of  the  facilities  or  equipment
  required  to  be  installed  and maintained by the permittee pursuant to
  such terms and conditions; and such other terms and conditions as may be
  necessary to protect the sewer system and carry out  the  provisions  of
  this section. Such terms and conditions may also provide that subsequent
  to the commencement of operation of any preliminary treatment facilities
  required  by  the  commissioner,  periodic  reports shall be made by the
  permittee to the commissioner, setting forth adequate  data  upon  which
  the acceptability of the sewage, industrial waste or other wastes, after
  treatment,  may  be determined. A violation by the permittee of any term
  or condition of the permit shall  constitute  cause  for  revocation  or
  suspension of the permit.
    2.  Whenever  required to carry out the provisions of this section and
  the regulations promulgated pursuant to this section,  the  commissioner
  may require any person discharging directly or indirectly into the sewer
  system or into any private sewer or drain emptying into the sewer system
  to  (i)  establish  and  maintain  such records, (ii) make such reports,
  (iii) install, use and maintain such  monitoring  equipment  or  methods
  (including  where appropriate biological monitoring methods) (iv) sample
  such effluents (in accordance with such methods, at such  locations,  at
  such  intervals  and in such manner as the commissioner shall prescribe)
  and (v) provide such other information  as  he  or  she  may  reasonably
  require.
    3. Any person discharging directly or indirectly into the sewer system
  or into any private sewer or drain emptying into the sewer system, shall
  be  deemed  to have consented and agreed that the commissioner or his or
  her deputies or such other officers or employees as  are  authorized  by
  the  commissioner may enter on the premises from which such discharge is

  emitted or  in  which  any  records  required  to  be  maintained  under
  paragraph two are located and may at reasonable times have access to and
  copy  any  records,  inspect any monitoring equipment or method required
  under  paragraph  two  and  sample  any  effluents  discharged  from the
  premises to the sewer system.
    4. It shall be unlawful to make any false statement, representation or
  certification  in  any  application,  record,  report,  plan,  or  other
  document  filed with or required to be maintained by the commissioner or
  to falsify, tamper with or knowingly render  inaccurate  any  monitoring
  device or method required to be maintained by the commissioner.
    d. Sampling of industrial wastes. Whenever sewage, industrial waste or
  other  waste  which  has  characteristics  which  do  not conform to the
  characteristics prescribed for normal sewage  or  receivable  industrial
  waste  pursuant  to  paragraphs  ten and eleven of subdivision a of this
  section, or  which  contains  toxic  substances  or  other  material  or
  substance excluded from the sewer system by the commissioner pursuant to
  this  section is discharged into the sewer system from any premises, the
  commissioner shall have the power to take such samples and tests as  may
  be  necessary  to determine the nature and concentration of such wastes,
  and shall have the power to reassess his or her findings by taking  such
  additional  samples or tests at any time or by periodic rechecks without
  notice to the owner or person discharging such wastes. Samples shall  be
  taken and flow measurements made, whenever possible, at a common manhole
  into  which  all  flows  of sewage, industrial waste or other waste from
  such premises are combined. Such manhole shall  be  constructed  by  the
  owner  of  such  premises,  at  his or her own expense, when directed by
  order of the commissioner. Whenever the installation of such  a  manhole
  is  impossible  or  impracticable,  the  owner  of  such  premises shall
  construct and maintain  at  his  or  her  own  expense,  any  additional
  manholes required by order of the commissioner, for accurate measurement
  of  all flow of sewage, industrial waste or other wastes discharged from
  such premises into the sewer system. Failure to comply with an order  of
  the  commissioner  issued  pursuant  to this subdivision may subject the
  premises to temporary termination of water supply in accordance with the
  provisions of section 11-314 of the code.
    e. Rules and regulations. 1. The commissioner shall have the power  to
  promulgate rules and regulations:
    (a)  identifying  toxic  substances  and  regulating,  restricting  or
  prohibiting the discharge of such substances into the  sewer  system  in
  amounts  or  concentrations  which  may cause any of the adverse effects
  described in paragraph thirteen of subdivision a of this section;
    (b) regulating, restricting or  prohibiting  the  discharge  into  the
  sewer system of any material or substance which is or may be detrimental
  or destructive to the sewer system or the treatment processes thereof or
  to the public health or welfare;
    (c) specifying the characteristics and the minimum and maximum amounts
  thereof,   in  addition  to  those  specified  in  paragraph  eleven  of
  subdivision a hereof, for receivable industrial waste;
    (d) such additional rules and  regulations  as  may  be  necessary  to
  protect  personnel,  the  sewer system and the treatment process thereof
  and the receiving waters; and
    (e) regulating the amount and concentration of substances contained in
  industrial waste discharged directly or indirectly into the sewer system
  to achieve  compliance  with  effluent  limitations  imposed  upon  city
  discharges  to receiving waters by federal or state law or regulation or
  a discharge permit issued pursuant thereto.
    2. The commissioner shall by rule or regulation adopt  the  standards,
  prohibitions  and  requirements  promulgated  under  the  federal  water

  pollution control act, commonly referred to as the clean water  act,  as
  amended,  except where such standards, prohibitions and requirements are
  less stringent than those which  are  established  by  the  commissioner
  pursuant to paragraph one or three of this subdivision.
    3.  Notwithstanding  any  inconsistent provision of paragraphs one and
  two  of  this  subdivision,  the  commissioner  may  order  any   person
  discharging  a  toxic  substance  directly  or indirectly into the sewer
  system or into any private sewer or drain emptying into the sewer system
  to reduce the amount or concentration of such toxic substance to a level
  which the commissioner determines to be economically achievable  by  the
  discharger  notwithstanding  that such level is lower than that which is
  prescribed in the regulations adopted pursuant to paragraph one  or  two
  or  that  the  discharge  is  not regulated under such provision. Within
  twenty days after the issuance of an  order  by  the  commissioner,  any
  person  affected  by  such  order  may  request  a  hearing  before  the
  commissioner. The commissioner may suspend, revoke or modify the order.
    f.  Cooperation  by  private  persons,  water  companies  and   public
  agencies.    The  commissioner  may  require  every  person  who owns or
  occupies real property within the city and every private  water  company
  supplying  water to property within the city, to furnish him or her with
  such information as may be necessary to carry out the provisions of this
  section. The commissioner shall have the power to hold hearings  and  to
  subpoena  any such persons or company, or any officer, employee or agent
  of any such company, and direct the production of books  and  papers  in
  order  to  carry  out the provisions of this section. Every such person,
  water company  or  public  official  or  municipal  agency,  officer  or
  employee  shall  cooperate  with  the  commissioner  in carrying out the
  provisions  of  this  section  and  shall  comply  with  all  rules  and
  regulations promulgated pursuant to this section.
    g. Payment and enforcement of sewer surcharges. All surcharges imposed
  hereunder  shall  be  due  and  payable  at  the times and in the manner
  provided in chapters three and four of title eleven  of  the  code  with
  respect  to  the payment of sewer rents based upon the metered supply of
  water. Such sewer surcharges shall  constitute  a  lien  upon  the  real
  property  served  by  the sewage system and such lien shall be prior and
  superior to every other lien or claim except the  lien  of  an  existing
  tax,  water  rent, sewer rent or local assessment. Such sewer surcharges
  shall be collected and the liens thereof may be foreclosed in the manner
  provided in chapters three and four of title eleven  of  the  code.  The
  revenues  derived from the sewer surcharges imposed hereunder, including
  penalties and interest  thereon  shall  be  paid  into  the  sewer  fund
  established  pursuant to section 24-514 of the code and shall be used in
  the manner and for the purposes provided therein.