Athens City Code

1. (1) This chapter sets forth uniform requirements for users of the Athens Utilities Board (AUB) wastewater treatment system and enables the AUB to comply with the Federal Clean Water Act and the Tennessee Water Quality Control Act and rules adopted pursuant to these acts. The objectives of this chapter are:
   1. (a) To protect public health;
   2. (b) To prevent the introduction of pollutants into the AUB's wastewater treatment facility which will interfere with the system's operation;
   3. (c) To prevent the introduction of pollutants into the AUB's wastewater treatment facility that will pass through the facility, inadequately treated, into the receiving waters, or otherwise be incompatible with the treatment facility;
   4. (d) To protect facility personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
   5. (e) To promote reuse and recycling of industrial wastewater and sludge from the facility;
   6. (f) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the facility; and
   7. (g) To enable the AUB to comply with National Pollution Discharge Elimination System (NPDES) permit conditions, sludge and biosolids use and disposal requirements, and any other federal or state industrial pretreatment rules to which the facility is subject.
2. (2) This chapter shall apply to all users inside or outside the city who are, by implied contract or written agreement with the AUB, dischargers of applicable wastewater to the wastewater treatment facility. This chapter provides for the regulation of the wastewater system by the Athens Utilities Board. ACC chapter 18-III provides for the issuance of permits to system users and for monitoring, compliance, and enforcement activities and establishes administrative review procedures for industrial users or other users whose discharge can interfere with or cause violations to occur at the wastewater treatment facility.

(Code 1995, § 18-201; Ord. No. 972, 11-18-2008)

Through the ordinance from which this chapter is derived, the city delegates the implementation and enforcement of this chapter and ACC chapter 18-III to the Athens Utilities Board.

(Code 1995, § 18-202; Ord. No. 972, 11-18-2008)

1. (1) Application for service. The owner or his agent shall make application for connection on a special form furnished by the Athens Utilities Board. Applicants for service to commercial and industrial establishments shall be required to furnish information about all waste-producing activities, wastewater characteristics and constituents. The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. Details regarding commercial and industrial permits include, but are not limited to, those required by this chapter. Service connection fees for establishing new sewer service are paid to the Athens Utilities Board, and service connections shall conform to the Athens Utilities Board's established policies and procedures. Users shall notify the Athens Utilities Board of any proposed new introduction of wastewater constituents or any proposed change in the volume or character of the wastewater being discharged to the system a minimum of 60 days prior to the change. The Athens Utilities Board may deny or limit this new introduction or change based upon the information submitted in the notification.
2. (2) Prohibited connections. No person shall make connections of roof downspouts, sump pumps, basement wall seepage or floor seepage, 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. Any such connections which already exist on the effective date of the ordinance from which this chapter is derived shall be completely and permanently disconnected within 60 days of the effective date of the ordinance from which this chapter is derived. The owners of any building sewer having such connections, leaks or defects shall bear all of the costs incidental to removal of such sources. Pipes, sumps and pumps for such sources of groundwater shall be separate from the sanitary sewer.
3. (3) Physical connection to public sewer. No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without approval from the Athens Utilities Board. Connections will be made in accordance with the Athens Utilities Board's established policies and procedures.
4. (4) Sewer extensions. All expansion or extension of the public sewer constructed by property owners or developers must follow the established policies and procedures developed by the Athens Utilities Board.

(Code 1995, § 18-203; Ord. No. 972, 11-18-2008)

Where necessary, due to elevations, proximity of the existing gravity sewer, etc., grinder pump installation will follow the Athens Utilities Board's established policies and procedures.

(Code 1995, § 18-204; Ord. No. 972, 11-18-2008)

No person, firm, association or corporation shall haul in or truck in to the WWF any type of domestic, commercial or industrial waste unless such person, firm, association, or corporation obtains written approval from the Athens Utilities Board to perform such acts or services. Approval and acceptance of holding tank or hauled waste will be done in accordance with the Athens Utilities Board's established policies and procedures.

(Code 1995, § 18-205; Ord. No. 972, 11-18-2008)

1. (1) General prohibitions. No person or user shall introduce or cause to be introduced into the WWF any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all persons and users of the WWF, whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. Violations of these general and specific prohibitions or the provisions of this section may result in the issuance of an industrial pretreatment permit, surcharges, discontinuance of water and/or sewer service and other fines and provisions of ACC 18-37. No person or user shall introduce or cause to be introduced into the WWF the following pollutants, substances, or wastewater:
   1. (a) Pollutants which create, or could create, a fire or explosive hazard in the WWF, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;
   2. (b) Wastewater having a pH less than 5.0 or more than 10.5 or otherwise causing corrosive structural damage to the WWF or equipment. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react to form acidic products;
   3. (c) Solid or viscous substances in amounts which will or may cause obstruction of the flow in the WWF or other interference. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, weeds, plastic, tar, asphalt residues, residues from refining or processing fuel or lubricating oil, and similar substances;
   4. (d) Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF;
   5. (e) Wastewater having a temperature greater than 150 degrees Fahrenheit (65.5 degrees Celsius) or which will inhibit biological activity in the treatment plant, resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius);
   6. (f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
   7. (g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in a quantity that may cause acute worker health and safety problems;
   8. (h) Trucked or hauled pollutants, except at discharge points designated by the control authority in accordance with ACC 18-35;
   9. (i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
   10. (j) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent;
   11. (k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system;
   12. (l) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent;
   13. (m) Wastewater at a flow rate which is excessive relative to the capacity of the treatment works and which could cause a treatment process upset and subsequent loss of treatment efficiency; or wastewater containing such concentrations of pollutants that their introduction into the treatment works over a relatively short time period (i.e., slug discharges) would cause a treatment process upset and subsequent loss of treatment efficiency;
   14. (n) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
   15. (o) Detergents, surface active agents, or other substances which that might cause excessive foaming in the WWF;
   16. (p) Wastewater causing two successive readings on an explosion hazard meter at the point of discharge into the WWF, or at any point in the WWF, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter. Liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient to cause fire or explosion or be injurious in any other way to the sewage facilities or operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
   17. (q) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the WWF, or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Act;
   18. (r) Any waste containing microbiological organisms, including filamentous bacteria, in such quantity that will interfere with the normal operation of the WWF;
   19. (s) Any waste that, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF;
   20. (t) Any substances which will cause the WWF to violate its NPDES permit or the receiving water quality standards, or cause any other product of the WWF such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the WWF cause the WWF to be in noncompliance with sludge use or disposal criteria, 40 CFR 503, guidelines, or regulations developed under section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.
2. (2) Local limits. In addition to the general and specific prohibitions listed in this section, users permitted according to this chapter and ACC chapter 18-III may be subject to numeric and best management practices as additional restrictions to their wastewater discharge in order to protect the WWF from interference or protect the receiving waters from pass-through contamination.
3. (3) Restrictions on wastewater strength. No person or user shall discharge wastewater containing pollutant levels that exceed the plant protection criteria listed in the Athens Utilities Board's established policies and procedures, unless specifically allowed by their discharge permit according to this chapter and ACC chapter 18-III. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered in violation of this chapter.
4. (4) Fats, oils and grease traps and interceptors.
   1. (a) Grease, oil, and sand interceptors or grease traps shall be provided within 90 days of notification when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units or traps shall be of a type and capacity approved by the AUB, shall comply with the AUB's fats, oil, and grease (FOG) control policy, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the AUB's FOG control policy by the user at expense. Failure to maintain any grease control device in accordance with the AUB's FOG control policy shall constitute a violation of this chapter. If the AUB is required to clean out, repair, or replace a sewer line as a result of a stoppage due to, in part or in whole, a user's failure to install or properly maintain a grease control device, then the user shall be required to pay the costs of labor and materials required to clean out, replace, or repair the sewer line.
   2. (b) Solvents prohibited. The use of degreasing or line cleaning products containing petroleum-based solvents is prohibited. The use of other products for the purpose of keeping FOG dissolved or suspended until it has traveled into the WWF is prohibited.
   3. (c) The superintendent may use industrial wastewater discharge permits under ACC 18-66 to regulate the discharge of fat, oil and grease.

(Code 1995, § 18-206; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

Violators of these wastewater regulations may be cited to city court, general sessions court, chancery court, or other court of competent jurisdiction, face fines, have sewer service terminated or the AUB may seek further remedies as needed to protect the collection system, treatment plant, receiving stream and public health, including the issuance of discharge permits according to ACC chapter 18-III. Repeated or continuous violation of this chapter is declared to be a public nuisance and may result in legal action against the property owner and/or occupant and the service line disconnected from sewer main. Upon notice by the superintendent that a violation has or is occurring, the user shall immediately take steps to stop or correct the violation. The AUB may take any or all the following remedies:

1. (1) Cite the user to city or general sessions court, where each day of violation shall constitute a separate offense.
2. (2) In an emergency situation where the superintendent has determined that immediate action is needed to protect the public health, safety or welfare, a public water supply or the facilities of the sewerage system, the superintendent may discontinue water service or disconnect sewer service.
3. (3) File a lawsuit in chancery court or any other court of competent jurisdiction seeking damages against the user, and further seeking an injunction prohibiting further violations by the user.
4. (4) Seek further remedies as needed to protect the public health, safety or welfare, the public water supply or the facilities of the sewerage system.

(Code 1995, § 18-207; Ord. No. 972, 11-18-2008)

1. (1) Purpose. It is the purpose of this chapter to provide for the equitable recovery of costs from users of the AUB's wastewater treatment system, including costs of operation, maintenance, administration, bond service costs, capital improvements, depreciation, and equitable cost recovery of EPA-administered federal wastewater grants.
2. (2) Types of charges and fees. The charges and fees as established in the AUB's schedule of rates and fees may include, but are not limited to:
   1. (a) Inspection fee and tapping fee;
   2. (b) Fees for applications for discharge;
   3. (c) Sewer use charges;
   4. (d) Surcharge fees;
   5. (e) Waste hauler permit fees;
   6. (f) Wastewater discharge permit fees;
   7. (g) Fees for discharge monitoring; and
   8. (h) Other fees as the AUB may deem necessary.
3. (3) Fees for application for discharge. A fee may be charged when a user or prospective user makes application for discharge as required by ACC 18-66.
4. (4) Inspection fee and tapping fee. An inspection fee and tapping fee for a sewer installation shall be paid to the AUB's wastewater division at the time the application is filed.
5. (5) Sewer user charges. The five-member board of the AUB shall establish monthly rates and charges for the use of the wastewater system and for the services supplied by the wastewater system.
6. (6) Wastewater discharge permit fees. A fee may be charged for the issuance of a wastewater discharge permit in accordance with ACC 18-66.
7. (7) Fees for discharge monitoring. Fees may be collected from users having pretreatment or other discharge requirements to compensate the AUB for the necessary compliance monitoring and other administrative duties of the pretreatment program.
8. (8) Administrative civil penalties. Administrative civil penalties shall be issued in an amount up to $10,000.00. The local administrative officer may assess a civil penalty within the appropriate range. Civil penalty assessments are to be assessed per violation per day unless otherwise noted.

(Code 1995, § 18-208; Ord. No. 972, 11-18-2008)