Ordinance Number 187

An ordinance regulating the use of public and private sewers and drains, private wastewater disposal. The installation and connection of building sewers and the discharge of waters and wastes into the public sewers; and providing penalties for violations thereof: in the Town of Deer Trail, Arapahoe County, Colorado.

Be it ordained and enacted by the Board of Trustees of the Town of Deer Trail; Colorado as follows: 

Article I Definitions

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

1. "Biochemical oxygen demand" (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter. 
2. "Board of Trustees" shall mean the duly elected representatives of the Town of Deer Trail. 
3. "Building drain" shall mean that 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.
4. "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.
5. "Combined sewer" shall mean a sewer intended to receive both wastewater and storm or surface water.
6. "Easement" shall mean an acquired legal right for the specific use of land owned by others.
7. "Floatable oil" is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
8. "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
9. "Industrial wastes" shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
10. "Mayor" shall mean the duly elected mayor of the Town of Deer Trail, or his authorized deputy, agent or representative.
11. "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water. 
12. "May" is permissive (see "shall," Sec. 18).
13. "Person" shall mean any individual, firm, company, association, society, corporation or group.
14. "pH" shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grains, per liter of solution. Neutral water, for example, has a p1-1
    value of 7 and a hydrogen-ion concentration of 10-7. 
15. Properly shredded garbage" shall mean the wastes from the preparation, booking 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 1/2 inch in any dimension.
16. "Public sewer" shall mean a common sewer controlled by a governmental agency or public utility.
17. "Sanitary sewer" shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally. 
18. "Sewage" is the spent water of a community. The preferred term is "wastewater," Sec. 24.
19. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water.
20. "Shall" is mandatory (see "may", Sec. 10).
21. "Slug" shall mean any discharge of water or wastewater 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 and shall adversely affect the collection system and/or performance of the wastewater treatment works.
22. "Storm drain" (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source. 
23. Suspended solids" shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. 
24. Unpolluted water" is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
25. 'Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commeccial buildings, industrial plants and institutions, together with any extraneous ground water, surface water and storm water that may be present.
26. "Wastewater facilities" shall mean the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
27. "Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "wastewater treatment facility" or "wastewater treatment plant" or "water pollution control plant".
28. "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

Article II Use of Public Sewers Required

29. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town of Deer Trail, or in any area under the jurisdiction of said town, any human or animal excrement, garbage, or other objectionable waste.
30. It shall be unlawful to discharge to any natural outlet within the Town of Deer Trail, or in any area under the jurisdiction of said town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. 
31. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
32. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the town, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance,
    within 90 days after date of office notice to do so, provided that said public sewer is within 400 feet of the property line. Existing private wastewater disposal systems are exempt from this requirement if the private wastewater disposal system is in good working order. This section becomes applicable; however, for private wastewater disposal systems that are shown to be failing. Inspection and testing of suspected failing private wastewater disposal systems shall be ordered by the board of trustees under the recommendation of a State or County health official. All costs for inspection and testing shall be borne by the owner.

Article III Private Wastewater Disposal

33. Where a public sanitary sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.
34.  Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit issued by the town clerk. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the town clerk or mayor. A combined permit and inspection fee of Fifteen Dollars ($15.00) must be paid prior to commencement of work. 
35. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the board of trustees. The mayor shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the mayor when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the mayor. The installing contractor shall provide the town within one week after installation completion, data relative to the location and depths of the facilities installed including references to permanent markers. This may be accomplished with a sketch. 
36. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Colorado Department of Public Health and Environment and the Tri-County Health Department. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 21,780 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
37. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Article III, section 4, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this ordinance. The owner shall comply with all state and county regulations for abandonment of any septic tank, cesspool and similar private wastewater disposal facility. 
38. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the town. 
39. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by state and county health officials.

Article IV Sanitary, Sewers, Building sewers and Connections.

40. No unauthorized person(s) 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 town clerk. Application for sanitary sewer service to any premises shall be made in a manner prescribed by the board of trustees. 
41. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application in a form prescribed by the town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the mayor. For new construction the permit and inspection fee are included within the tap fee assessed by the Town. For construction associated with existing structures (i.e. replacement of service lire, etc.) a permit and inspection fee of Fifteen Dollars ($15.00) shall be paid to the Town at the time the application is filed. All sanitary sewer work including sanitary sewer service lines are subject to inspection by the Town. 
42. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 
43. A separate and independent building sewer shall be provided for every inhabitable building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the town shall not assume any obligation or responsibility for damage caused by or resulting from any such connection aforementioned. Junction pieces or "Y" branches built into a sewer during construction must be used for connection of a private sewer service unless special permission is granted by the permit to do otherwise.
44. Old buildings sewers may be used in connection with new buildings only when they are found, upon examination and test by the mayor, to meet all requirements of this ordinance. 
45. The size, slope, alignment, materials of construction of all sanitary sewers including building sewers and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirement of the building and plumbing code or other applicable rules and regulations of the town. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A. S.T.M. and W.E.F. (formerly W.P.C.F.) Manual of Practice No. 9 shall apply. Minimum horizontal water and sewer service line separation shall be ten (10) feet except for perpendicular crossings which shall have a minimum eighteen (18) inches separation.
46. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means arid discharged to the building sewer at the owner's expense. 
47. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the board of trustees for purposes of disposal of polluted surface drainage. 
48. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the A. S.T.M. and W.E.F. (formerly W.P.C.F.) Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the mayor. 
49. No person(s) other than a licensed plumber, approved contractor or approved individual will be permitted to do any work in connection with the public sewer or with any sewer, soil or waste pipe in the Town of Deer Trail, except the digging and back filling of ditches or trenches, which may be permitted by the mayor. 
50. The applicant for the building sewer permit shall notify the town clerk when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the mayor or authorized representative. Immediately after making a connection with the public sewer and the testing, examination and approval of the work by the mayor, the mayor shall make a certificate in duplicate of the fact. One certificate shall be delivered to the owner or agent and the other filed in the office of the town clerk. The public sewer shall not be used until such certificate has been issued. The installing contractor shall provide the town within one week after installation completion, data relative to location and depth of the facilities installed including references to permanent markers. This may be accomplished with a sketch.
51. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the board of trustees and guaranteed for a one-year period. 
52. The cost of extending public sewers which will benefit land or property under one ownership or subdivision, shall be borne entirely by the owner. The owner shall pay all engineering and construction costs of all sewer mains and appurtenances in and through his subdivision and shall also provide at no cost to the town such easements as the town deems necessary, in such locations as the town specifies and approves. The installer shall guarantee the resulting sewage system f6r a period of one year following its completion, and shall be responsible for any costs for repairs required during the guarantee period. Upon satisfactory completion of the sewage system, it shall become the property of the town, provided however, that such acceptance shall not take place until the board or its duly authorized representative has given the facility final approval.

Article V Use of Public Sewers

53. No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage or cooling water to any sewer, except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the board of trustees. 
54. Storm water other than that exempted under Section 1, Article V and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the board of trustees and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the board of trustees, to a storm sewer or natural outlet.
55. No Person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
    • Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
    • Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, 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 or have an adverse effect on the waters receiving any discharge from the treatment works.
    • Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
    • 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 wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, diapers, fleshing, entrails, paper products, et cetera, either whole or ground by garbage grinders. 
56. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute a nuisance. The board of trustees may set limitations lower than the limitation& established in the regulations below if in the board's opinion such limitations are necessary to meet the above objectives. In forming an opinion as to the acceptability, the board will give consideration to such factors as the quantity of subject, waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment facility, degree of treatability of the waste in the wastewater treatment facility and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the board of trustees are as follows:
    • Wastewater having a temperature higher than 150° Fahrenheit.
    • Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.
    • Wastewater from industrial plants containing floatable oils, fat or grease.
    • Any garbage that has not been properly shredded (see Article I, Section 15). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
    • Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the state regulations for such materials.
    • Any waters or wastes containing odor-producing substances exceeding limits which may be established by the board of trustees.
    • Any radioactive wastes or isotopes of such half-life or concentration not in compliance with applicable state and federal regulations.
    • Quantities of flow, concentrations or both which constitute a "slug" as defined herein.
    • Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the discharge requirements of the facility's discharge permit.
    • Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes. 

57. 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 Section 4 of this Article, and which in the judgement of the mayor may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the mayor may:

    • Reject the wastes.
    • Require pretreatment to an acceptable condition for discharge to the public sewers.
    • Require control over the quantities and rates of discharge, and/or
    • Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer user charges under the provisions of Section 10 of this Article.

    When considering the above alternative, the mayor shall give consideration to the economic impact of each alternative on the discharger. If the mayor 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 board of trustees.

58. Grease, oil and sand interceptors shall be provided when, in the opinion of the mayor, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Section 4(c), 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 mayor and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the mayor. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms. 
59. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. 
60. When required by the mayor, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structures, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the mayor. The structure shall be installed by the owner at his expense and shall be maintained by the owner(s) so as to be safe and accessible at all times. 
61. The mayor may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:
    • Wastewater discharge peak rate and volume over a specified time period.
    • Chemical analyses of wastewaters.
    • Information on raw materials, processes and products affecting waste water volume and quality.
    • Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to
      sewer use control.
    • A plot plan of sewers of the user's property showing sewer and pretreatment facility locations.
    • Details of wastewater pretreatment facilities.
    • Details of systems to prevent and control the losses of materials through spills to the municipal sewer. 
62. All measurements, tests and analyses of the characteristics of the waters and wastes to which reference is made in this ordinance 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. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the mayor. 
63. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment.

Article VI

64. No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

Article VII Powers and Authority of Inspectors

65. The mayor and other duly authorized employees or agents of the town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance. 
66. The mayor or other duly authorized employees or agents are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. 
67. While performing the necessary work on private properties referred to in Article VII, Section 1, above, the mayor or duly authorized employees or agents of the town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the town employees, and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except ,as such may be caused by negligence or failure of the company to maintain safe conditions as required in
    Article V, Section 8. 
68. The mayor and other duly authorized employees or agents of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities 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 easement pertaining to the private property involved.

Article VIII Penalties

69. Any person found to be violating any provision of this ordinance except Article VI shall be served by the town 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. 
70. Any person who shall continue any violation beyond the time limit provided for in Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined at the discretion of the board of trustees up to the maximum amount allowable by law for each violation including costs of prosecution and shall stand committed until such fine be paid. Each day in which any such violation shall continue shall be deemed a separate offense. 
71. Any person violating any of the provisions of this ordinance shall become liable to the town for any expense, loss or damage occasioned by the town by reason for such violation.

Article IX Validity

72. All ordinances or parts of ordinances in conflict herewith are hereby repealed where they pertain to wastewater service. Reference ordinances include but are not limited to the Town of Deer Trail ordinance No.'s 41, 106, 125, 134, 148, 161, 165, 175, 179, 185, and 186. Certain elements of said ordinances have been carried forward to this ordinance. 
73. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

Article X Ordinance in Force

Introduced, read, approved, and passed on 6 February 1996.

Sec. 2 This ordinance shall be in full force and effect from and after its approval, passage, recording, and publication as provided by law.

Publication: 15 February 1996
Adopted this February Sixth day of 1996.

Timothy J. Lewis, Mayor

Attest: Kerry L Michelle, Town Clerk