CHAPTER 25.

WATER AND SEWER SYSTEM.

Article I. In General

25-1. Water Wells and Water Conservation.

25-2 to 25-5. Reserved for future legislation.

 

Article II. Connections.

25-6.  Criteria for Estimating Capacity.

25-7.  Definitions.

25.7A. Water and Sewer Service Areas.

25-8.  Applications-Required; content, order of review.

25-9.  Applications--Administrative review generally.

25-10. Procedure for permit approval.

25-11. Exemptions.

 

Article III. Use of Sewer System.

25-12. Definitions.

25-13. Use of Public Sewers.

25-14. Protection from Damage.

25-15. Powers and Authority of Inspectors.

25-16. Enforcement.

 

Article I. In General.

Sec. 25-1. Water Wells and Water Conservation.

The provisions of this Chapter shall apply to all persons using water in the City.

(a) The City Manager, shall develop regulations that will conserve and, if necessary, prohibit or restrict certain uses of water in the City including, but not limited to, the prohibition or restricted use of  water for watering yards, washing of automobiles, trucks or campers, washing of sidewalks, operation of ornamental fountains and the filling of swimming pools which regulations within the City may apply to the use of all water emanating from City and private wells which affect the amount of water available for public use.

(b) The City Manager, after consultation with appropriate health officials, shall have the authority to permit a reasonable exemption from the regulations in any case necessary to the health of the residents of the City.

(c) The regulations developed by the City Manager shall be publicly posted and advertised at least ten (10) days prior to their effective date and shall remain publicly posted for the duration of any conservation or periods of limitations.

(d) Violations of regulations developed by the City Manager under this section, or of any provisions of this Chapter, are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Section 6 of this Code. (Sec. 25-1(d) amended by O-17-94, adopted 10/3/94).

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Sec. 25-2 to 25-5. Reserved for future legislation.

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Article II. Connections.

Sec. 25-6. Criteria for Estimating Capacity.

In estimating the quantity of water use or sewer discharge the criteria shall be a publication entitled "Design Guidelines for Sewerage Facilities" Technical Bulletin M-DHMH-EHA-S-001 prepared by the Environmental Health Administration Department of Health and Mental Hygiene State of Maryland-1978 Edition.

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Sec. 25-7. Definitions.

As used in this Article, the following definitions shall apply unless a contrary meaning is clearly intended from the context in which the term appears.

"City's engineer."  A licensed engineer retained by the City.

"Standards."  Descriptions which establish engineering or technical limitations or applications for materials, processes, methods, designs and other engineering practices.

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Sec. 25-7A. Water and sewer service areas.

(A) Defined.

(1)  Service area:  Indicates availability of extending water and sewerage service to properties.

(2)  Water and sewer category 1:  Areas that abut a public right of way in which a sanitary sewer or water main is located and which may be adequately serviced without improvements or upgrades to the existing system or for which fully approved and funded plans exist for any off-site improvements determined necessary by the City Engineer.

(3)  Water and sewer category 2:  Areas which require extensions of a sanitary sewer or water main or off-site improvements in order to be adequately served.

(4)  Water and sewer category 3:

(a)  Areas where there is no planned service; and

(b)  Areas which have been reclassified to Water and Sewer Category 3 status pursuant to Section 25-10(d)(4) of this Chapter.

(B)  Requirements applicable to each water and sewer service area.

1. Water and sewer category 1:  No request for category 1 designation shall be considered or approved unless the property proposed for service is located within the corporate limits of the City and applicant has submitted the following items or information with the application:

a) Approved Preliminary Subdivision Plan or Comprehensive Design Plan.

b) Approved Conceptual Site Plan (where Preliminary Subdivision Plans are not mandatory).

c) Approved Stormwater Management Concept Plan for the project.

d) Identification of builder.

e) Architectural renderings.

f) Detailed Staging Plan for implementation of the project.

g) Water and sewer category 2 conditional approval.

2. Water and Sewer Category 2:  No request for category 2 designation shall be considered approved unless the applicant has submitted the following items or information with the application.

a) Verification that the applicant has filed a Preliminary Subdivision Plan or Comprehensive Design Plan which has been accepted by the M-NCPPC.

b) Identification of the potential builders.

c) Verification that the applicant has filed a Conceptual Site Plan (where Preliminary Subdivision Plans are not mandatory) which has been accepted by the M-NCPPC.

d) A description of the proposed Staging Plan for the development.

e) Verification that the proper zoning exists for the use proposed.

f) Verification of conceptual approval of any off-site improvements to the City Water and Sewer System determined by the City Engineer to be necessary to accommodate the requested connection.

3. Water and sewer category 3:  Water and sewer category 3 consists of all areas not included in water and sewer categories 1 and 2. (Sec. 25-7A(B)1. amended by O-10-95, adopted 6/26/95).

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Sec. 25-8. Applications-Required; contents; order of review.

(a) Every property owner desiring to connect to the Bowie Water and Sewer System shall apply to the City of Bowie for permission to connect.  The application shall be dated and signed by the owner, and contract purchaser if applicable, and shall include:

(1) The estimated gallonage of sewer discharge per day.

(2) The estimated gallonage of water consumed per day.

(3) The statement of the quantities and characteristics of expected wastes.

(4) An accurate description of the location and size including an approved subdivision record plat of the property to be served; and

(5) Project name and description of project including:

(a) If residential property:

i) Acreage

ii) Types of units proposed

iii) Number of each type of unit

iv) Minimum floor area for each type of unit

v) Minimum sale/rent value per unit

vi) Tree conservation plan in accordance with the County Woodland Conservation/Tree Preservation law or other applicable City ordinances.

(b) If commercial, office or industrial property:

i) Acreage

ii) Type of buildings proposed

iii)    Number of each type of building

iv)  Number of floors in each building

v)  Total floor area

vi)  Minimum sale/rent value per square foot

vii)  Tree Conservation Plan in accordance with the County Woodland Conservation/Tree Preservation Law or other applicable City ordinances.

viii)  Specific proposed uses.

(6)  Current and/or proposed zoning of the property to be served.

(7)  An 8-1/2" x 11" copy of the tax map on which the property appears with the property lines clearly delineated.

(8)  Architectural renderings.

(9)  Identification of the builders.

(10) A designation of the water and sewer category requested in the application.

(11) Engineering plans showing alignment of proposed facilities and points of connection to existing water and/or sewer system.

(b) The applicant shall furnish such additional information as may be required in writing by the City Manager or City's engineer.

(c) The application will be numbered sequentially immediately upon a determination by the City Manager that the submission is complete.  Unless assigned a priority status by the City Council as hereinafter provided, applications will be reviewed by staff and scheduled for public hearing in chronological order based upon the numerical assignment issued by the City Manager. 

Applications in the categories set forth below may be assigned a priority status after public hearing and onlyupon an affirmative finding by the City Council that the public health, welfare or safety will be served by according priority status and expedited processing to a particular application:

(i)  An application filed by a public agency.

(ii)  An application for property with a failing septic system or well water which is not potable.

(iii) An application for a property which is the subject of an executed agreement whereby the applicant agrees to fund an expansion of the water and sewer system.

(iv) An application for a property whose development will confer a significant benefit to the citizens of Bowie and to the economic, educational, or cultural development of the City of Bowie and its environs. The assignment of a priority status will result in an expedited review and scheduling for public hearing for designation of water and sewer categories 2 and 1.

(d) The applicant shall advise the City of any changes in the information submitted with the application including changes in the proposed use(s) for the property by submitting a supplemental statement or revised application to the City.  The City Manager may require the supplemental statement or revised application to undergo additional review.  If the City Manager determines, upon the City Engineer's recommendation, that the proposed amendment to an application for water and sewer category 2 designation constitutes a substantial and material change from an original application, the amended application will be given a new numerical assignment.  A substantial and material amendment to an application for water and sewer category 1 designation may also result in a new review number but shall not affect the capacity allocated pursuant to a conditional approval.

(e) The City Council may establish a non-refundable application review fee.

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Sec. 25-9. Same--Administrative review.

(a) The application shall be reviewed by the City Manager, who shall refer the application to the City's engineer for a recommendation.  The recommendation shall include sufficient justification, based on the engineer's expertise, to enable the City Manager to determine the specific reasons for a positive or negative recommendation.  The City Engineer shall submit his report and recommendations to the City Manager within sixty (60) days of filing. Any amendments, changes, or revisions to the application submitted by the applicant will be reviewed by the City Engineer in a timely manner.

(b) The City's engineer shall review the application and any amendments, changes or revisions thereto to assure its compatibility with the system and shall make the following determination:

(1) The amount of charges which would be incurred on the property subsequent to its connection with the system.

(2) The amount of additional load requested by the application.

(3) The total load which the system would service if the application were approved.

(4) The percentage of system capacity which would be utilized if the application were approved.

(5) The effect of approving this connection in terms of possible future overloads of the system.  The City's engineer shall evaluate and report to the City Manager on the system's capacity to service future requests for connections as computed by generally accepted standards.

(6) Whether the proposed alignment for service connections is the most effective means of preserving trees, and other environmentally sensitive or historically significant land characteristics, taking into consideration the engineering requirements of the proposed connection and the disruption, if any, to existing public or private facilities.

(7) Whether the proposed connection requires an extension or upgrade to the existing City of Bowie Water and Sewer System.

(8) Whether the total load which the System would service if the application were approved leaves sufficient remaining capacity to accommodate public safety emergencies.

(c) The City Manager shall also refer the application to the City Planning Director who shall review the application and any amendments, changes, or revisions thereto to evaluate the development's compatibility with adopted and approved master plans, the zoning of the affected property and adopted City policies.  The City Planning  Director shall submit his report and recommendations on the original application to the City Manager within thirty (30) days of filing and shall submit recommendations on any amendments, changes, or revisions in a timely manner.  The recommendations shall include sufficient justification to enable the City Manager to make a positive or negative recommendation to the City Council.

(d) The City Manager shall refer the application to such other agencies as may be required by law, or whose review will assist the City Manager in formulating a recommendation, for review and comment prior to the public hearing held pursuant to Section 25-10 of the Code of the City of Bowie.

(e) After the receipt of all required reports, the City Manager shall prepare his report for submission to the City Council and shall include a recommendation for approval or denial of the requested category designation, based upon the facts and recommendations of the City Engineer, City Planning Director and any other applicable reviewing agencies.

(f) The applicant shall pay the following costs:

(1) On-site plumbing inspection fees levied by the Washington Suburban Sanitary Commission.

(2) Any engineering services performed by the City's engineer to evaluate the feasibility of a proposed connection.

(3) All other costs imposed by other law or ordinance of the City.

(4) All other costs imposed by any other public body having jurisdiction.

(g) The applicant shall be responsible for any needed extension of the system to his property according to specifications acceptable to the City, subject to inspection during construction by the City and approval of construction when completed in conformity with said specifications and any building codes or other applicable laws, all at the sole cost and expense of the applicant.

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Sec. 25-10. Procedure for approval.

(a) Public hearing.  The Council shall hold a public hearing within sixty (60) days of receipt of the report from the City Manager giving not less than ten (10) days prior notice, published in one or more newspapers, as may be necessary to assure general circulation throughout the City.

(b) Consideration for decision.  In arriving at a decision after hearing to approve or reject an application the Council may consider the following:

(1) Whether or not the system can handle the quality and quantity of the proposed  added load.

(2) Whether or not the added service will give rise to or eliminate a public health hazard.

(3) Whether or not the added service will give rise to a nuisance due to odor or unsightly appearance.

(4) Whether or not the applicant meets the requirements of such other agencies that may be empowered to pass on the application.

(5) The City Manager's report.

(c) Notice of decision.  All applicants shall be notified, in writing, of approval or denial, with stated reasons for denial of the application.

(d)   Approval.

1.  Amendment.

A conditional or final approval is subject to review and reevaluation if there is a material amendment, change or revision to any of the information, facts or circumstances contained in the original application.

2. Conditional Approval.

A property which has received a water and sewer category 2 designation will receive an allocation of reserved capacity and will be given priority consideration for final approval to connect to the City Water and Sewer System when the criteria for a water and sewer category 1 designation have been met and the applicant has made arrangements which are satisfactory to the City for the required extensions or improvements, if any, to the existing system.  Prior to conditional approval, the City Manager or his designee shall confirm that the applicant has met all of the requirements set forth in the law.

3.  Final Approval.

Final approval of an application to connect to the City Water and Sewer System may only be given for properties having a water and sewer category 1 designation.  Prior to final approval, the City Manager or his designee shall confirm that the applicant has met all of the requirements set forth in the law.

4.  Expiration of Approval.

(a)  Conditional approval will expire and thereafter become null and void if applicant has not received or applied for final approval within two (2) years from the date conditional approval was received, unless the failure is caused by a governmentally imposed service moratorium, in which case the two (2) year conditional approval period will be automatically extended for a period equal to the length of the delay caused by the moratorium.  Upon expiration of a conditional approval, an applicant will be required to reapply for conditional approval in the manner provided herein for an original application.  An applicant's failure to apply for final approval prior to the expiration of the original conditional approval period will result in automatic reclassification of the property to a water and sewer category 3 status and capacity reserved for the property shall be released and available for allocation to other applicants.  Applicant is responsible for making a timely application for final approval.

(b)  A final approval given pursuant to this chapter shall expire and thereafter become null and void if connection to the City Water and Sewer System has not occurred within two (2) years from the date of original final approval unless:

(i)  The applicant has reapplied for an extension of the original final approval prior to its expiration; or

(ii)  The failure to connect is caused by a governmentally imposed service moratorium in which case the final approval period will be automatically extended for a period equal to the length of the delay caused by the moratorium.  An original final approval will be automatically extended one time only for a one (1) year period if the applicant applies for the extension prior to the expiration of the original approval period.  An applicant's failure to apply for an extension of the original final approval prior to its expiration will result in an automatic reclassification of the property to a water and sewer category 3 status and the capacity reserved for the property shall be released and available for allocation to other applicants.  It is the applicant's responsibility to make a timely application for an extension of an original final approval.

(e)  No building permit shall be issued by the City without a final approval issued pursuant to this chapter and payment of all connection fees and other charges imposed pursuant to this chapter.

(f)  No subdivision plans, maps or plats which provide for connection to City facilities shall be recommended for approval by the City Council unless the applicant has obtained conditional approval pursuant to this chapter.

(g) Applicability of common law and rules of evidence.  The Council, in hearings conducted under this section, shall not be bound by common law or statutory rules of evidence.

(h) Judicial review.  All final determinations of the council shall be reviewable by the Circuit Court for Prince George's County in accordance with Chapter 1100, Subtitle B, "Administrative Agencies-Appeal From" of the Maryland Rules, provided that not withstanding the provisions of Subtitle B, Chapter 1100 the decision of the circuit court for the county shall be final and no further appeal will be filed with the State Court of Appeals or any other state appellate court, either by way of mandamus, injunction, certiorari or otherwise.

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Sec. 25-11. Exemptions.

(a) Where the Council finds that compliance with all requirements of this Chapter would result in undue hardship or be contrary to the public interest, an exception from one or more such requirements may be granted by the Council to ameliorate such undue hardship or detriment to the public interest to the extent such exemption can be granted without impairing the intent and purpose of this chapter.

(b) The Council maintains the right to reserve sufficient utility connections required for public use.

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Article III. Use of Sewer System.

Sec. 25-12. Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

1. "BOD" (denoting Biochemical Oxygen Demand).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 C, expressed in milligrams per liter.

2. "Industrial Wastes."  The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

3. "pH."  The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

4.  "Slug."  Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour Concentration or flows during normal operation.

5. "Suspended Solids."  Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

6. "Building Drain."  The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.

7. "Building Sewer."  The extension from the building drain to the public sewer or other place of disposal.

8. "Garbage."  Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, or sale of produce.

9. "Wastewater Works."  All facilities for collecting, pumping, treating and disposing of wastewater.

10. "Wastewater."  A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

11. "Properly Shredded Garbage."  The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.

12. "C.O.D." (denoting Chemical Oxygen Demand).  The quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedure expressed in mg./1 of wastewater.

13. "Public Sewer."  A sewer in which all owners of abutting properties have equal rights, and is controlled by the City.

14. "Sanitary Sewer."  A sewer which carries sewage and to which storm, surface, and  groundwaters are not intentionally admitted.

15. "Sewage."  A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.

16. "Sewage Treatment Plant."  Any arrangement of devices and structures used for treating sewage.

17. "Sewage Works."  All facilities and pipe lines for collecting, pumping, treating, and disposing of sewage.

18. "Sewer."  A pipe or conduit for carrying sewage.

19. "Shall" is mandatory; "May" is permissive.

20. "Storm Drain" (sometimes termed "Storm Sewer").  A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

21. "Natural Outlet."  Any outlet into a water-course, pond, ditch, lake, or other body of surface or groundwater.

22. "Person."  Any individual, firm, company, association, society, corporation, or group.

23. "Owner" shall mean the City.

24. All terms not defined in this article shall have the same meaning as that defined in "Glossary Water and Wastewater Control Engineering", prepared by a joint editorial board representing the American Public Health Association, the American Society of Civil Engineers, the American Water Works Association, and the Water Pollution Control Federation, copyright 1969.

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Sec. 25-13. Use of Public Sewers.

(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Manager. 

(b) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.  No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer:

(c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas.

2.  Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.

3.  Any waters or wastes having a pH lower than six (6.0), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

4.  Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags feathers, tar, plastics, wood, ringround garbage, whole blood, paunch, manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

(d) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the City Manager that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming his opinion as to the acceptability of these wastes, the City Manager will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.  The substances prohibited are:

1.  Any liquid or vapor having a temperature higher than one hundred (100) F (38 C).

2.  Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of fifty (50) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred (100) F (0 and 38 C).

3.  Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the City Manager.  "Properly shredded" means that no solids shall have a maximum dimension of more than two (2) inches.

4.  Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

5.  Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Manager for such materials.

6.  Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the City Manager as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

7.  Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Manager in compliance with applicable State or Federal regulations.

8.  Any waters or wastes having a pH in excess of eight and one half (8.5).

9.  Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids such as, but not limited to, Fullers earth, lime slurries, and lime residues or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.

(2) Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions.

(3) BOD or chemical oxygen demand in excess of 300 mg/1, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

10.  Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

11.  Suspended solids in excess of 300 mg/1 or dissolved solids in excess of 700 mg/1.

(e) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in paragraph (f) of this Section, and which in the judgment of the City Manager, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Manager may:

1.  Reject the wastes.

2.  Require pretreatment to an acceptable condition for discharge to the public sewers.

3.  Require control over the quantities and rates of discharge, and/or

4.  Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of paragraph (j) of this Section.

If the City Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Manager, and subject to the requirements of all applicable codes, resolutions and laws.

(f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the Administrator, and shall be located as to be readily and easily accessible for cleaning and inspection.

(g) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(h) When required by the City Manager, the owner of any property serviced  by a building sewer carrying industrial wastes shall install a suitable manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.  Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Manager.  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.

(i) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this resolution shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.  The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples.

(j) No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City of Bowie and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.

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Sec. 25-14. Protection from Damage.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works.

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Sec. 25-15. Powers and Authority of Inspectors.

(a) The City Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter. The City Manager or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b) While performing the necessary work on private properties referred to in paragraph (a) above, the City Manager or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company.  The company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in paragraph (a).

(c) The City Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

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Sec. 25-16. Enforcement.

(a) Any person found to be violating any provisions of this Chapter except Section 25-14 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b) Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.

(c) Water and sewer service may be denied any person refusing to allow admission or testing by a City Inspector as provided by this Chapter, subject to thirty (30) days advance notice before discontinuance of service and to the opportunity for a hearing before the City Manager within said thirty (30) days to show that such admission and testing has been allowed.

(Chapter 25 amended by O-4-91, adopted 3/18/91, effective 4/17/91)

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