![]() ![]() ![]() ![]() ![]() |
|
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). Sec. 25-2 to 25-5. Reserved for future legislation.
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. 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. Sec. 25-7A. Water and sewer service areas. (A) Defined.
(B) Requirements applicable to each water and sewer service area.
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:
(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:
(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. 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:
(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:
(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. 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:
(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.
(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. (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.
Article III. Use of Sewer System. 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. 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:
(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:
(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:
(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. 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. 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. (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) |
Bowie City Hall |
||