WATER AND SEWERS¹

CHAPTER

WATER AND SEWERS GENERALLY.
ENFORCEMENT RESPONSE PLAN.
SEWER USE.
[DELETED.]
CROSS-CONNECTIONS, AUXILIARY INTAKES, ETC.

CHAPTER 1

WATER AND SEWERS GENERALLY

SECTION

18-101. Office of superintendent of water and wastewater created.
18-102. Deposit required.
18-103. Water rates.

¹Municipal code references
Building, utility and housing codes: title 12.
Refuse disposal: title 17.
Service outside city limits: title 20.

For complete details relating to the water interconnection mutual agreement between Warren County Utilities District, West Warren-Viola Utilities District and the City of McMinnville see Ord. #1312, February 16, 1999, in the office of the city recorder. For complete details relating to water and sewer line extensions see Ord. #1284, March 16, 1998, as amended by Ord. #1333, Oct. 4, 1999, in the office of the city recorder.

18-104. Sewer rates. 18-105. Water tapping fees. 18-106. Sewer tapping fees. 18-107. Fire hydrant rentals. 18-108. Inspection fees. 18-109. Billing; enforcing payment. 18-110. Service charges.

18-101. Office of superintendent of water and wastewater created. There is hereby created the office of superintendent of the water and wastewater department for the City of McMinnville, Tennessee, to be elected, beginning in 1970, by the board of mayor and aldermen at the first regular meeting in June, thenceforth to serve at the will of the board. The superintendent of the water and wastewater department, in addition to serving at the will of the board, shall also be subject to dismissal at any time for dereliction of duty, conflicts of interest, malfeasance, or any other actions giving rise to dismissal for cause. The superintendent of the water and wastewater department shall operate and be controlled by chapters 1 and 2 of this title. (1982 Code, § 13-201)

18-102. Deposit required. Any person, firm, partnership, establishment, or corporation applying for water and sewer services from the water and sewer system of the City of McMinnville, Tennessee, must first place on deposit with the city recorder an amount of money set forth below before the requested services can be furnished. Monies held by the recorder will be returned to the customer upon discontinuance of service, less amount required to satisfy, in full, the final billing at the place where service was discontinued and for which deposit was rendered. The provisions of this section do not apply to customers who are connected to the system prior to the effective date of this section; however, when such person moves to another location within the system, a deposit will be required before services will be connected at the new location. Amount of deposit required will be as follows:

Industrial or commercial. Any amount equal to a 30 day usage as determined by the city recorder and/or the water and sewer superintendent, based upon records of previous usage of the business or industry or a reasonable estimate based upon usage of other comparable industries or businesses. Apartments where utilities are furnished by the owner will be considered commercial.

Residential. An amount equal to a 60 day usage determined by the recorder and/or the water and sewer superintendent based upon records of previous usage or reasonable estimate of other comparable residents. (1982 Code, § 13-202)

18-103. Water rates. The following monthly water rates shall apply to all residential or industrial/commercial establishments:

Residential Water Rates
Number of Gallons	Rates Inside City Limits	Rates Outside City Limits
All eligible customers	2.00 minimum	2.70 minimum
All Gallons 0 and above	.325 per 100 or any fractional part thereof	.390 per 100 or any fractional part thereof

Industrial/Commercial Water Rates

Rates Inside Rates Outside Number of Gallons City Limits City Limits

All eligible customers 2.00 minimum 2.70 minimum

1 to 50,000 Gallons .355 per 100 or any .425 per 100 or any fractional part thereof fractional part thereof

All over 50,000 Gallons .273 per 100 or any .328 per 100 or any fractional part thereof fractional part thereof

(1982 Code, § 13-203, as replaced by Ord. #1337, Dec. 1999; Ord. #1360, July 2000; Ord. #1375, March 2001; and Ord. #1429, Sept. 2002)

18-104. Sewer rates. Sewer rates for residential and commercial establishments inside the city limits shall be 108% of the water bill of all sewer users or those persons who are eligible for sewer service and not using same. Unless special exception being granted after a written application is made for special exception and approved by the mayor and board of aldermen by a duly adopted resolution. Sewer rates for residential and commercial outside the City of McMinnville, Tennessee shall be 120% of the water bill.

Residential Sewer Rates

Rates Inside Rates Outside

Number of Gallons City Limits City Limits

All eligible customers 2.00 minimum 3.30 minimum

All Gallons 0 and above .350 per 100 or any .466 per 100 or any

fractional part thereof fractional part thereof

Industrial/Commercial Sewer Rates Rates Inside Rates Outside

Number of Gallons	City Limits	City Limits
All eligible customers	2.00 minimum	3.30 minimum
1 to 50,000 Gallons	.384 per 100	.511 per 100
All over 50,000 Gallons	.296 per 100 or any	.394 per 100 or any
	fractional part thereof	fractional part thereof

(1982 Code, § 13-204, as replaced by Ord. #1337, Dec. 1999, amended by Ord. #1337A, Jan. 2000, and replaced by Ord. #1360, July 2000; Ord. #1375, March 2001; and Ord. #1429, Sept. 2002)

18-105. Water tapping fees.

Fees Inside Fees Outside City Limits City Limits

5/8" x 3/4" Service

connection $ 750.00 $ 900.00 1" Service connection 1,100.00 1,150.00 1½" Service connection 1,500.00 1,650.00 2" Service connection 1,500.00 1,650.00

Larger taps will be considered on an individual basis. (1982 Code, § 13-205, as replaced by Ord. #1337, Dec. 1999, and Ord. #1360, July 2000)

18-106. Sewer tapping fees. The sewer tapping fee for residential or commercial taps shall be:

(1): Gravity flow lines - $650.00.
(2): Force mains - $750.00.

Larger taps will be considered on an individual basis. (1982 Code, § 13-206, as replaced by Ord. #1337, Dec. 1999, and Ord. #1360, July 2000)

18-107. Fire hydrant rentals. Fire hydrants shall be rented at a rate of $50.00 per hydrant per year. (1982 Code, § 13-207)

18-108. Inspection fees.¹ The following inspection fees shall apply:

For issuing each permit $ 5.00

For each plumbing fixture, floor drain or

trap (incl. water and drainage piping) 1.50 For each house sewer 2.50 For each house sewer having to be replaced or repaired 5.00 For each cesspool 10.00

¹Municipal code reference Plumbing code: title 12, chapter 2.

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For each septic tank and seepage pit or drainfield 10.00

For each water heater and/or vent 1.50 (1982 Code, § 13-208)

18-109. Billing; enforcing payment. The charges for water and sewer services shall be combined in one statement and the water and sewer system shall bill the beneficiaries of such services and require the payment of both charges as a unit, and enforce the payment of such charges by discontinuing the water service if both charges are not paid when due or within such time as the system may require thereafter. (1982 Code, § 13-209)

18-110. Service charges. A service charge of $5.00 will be charged when water service is discontinued due to lack of payment and a $5.00 service charge will be added when service is re-instated. In the event water is re-instated after duty hours the service charge will be $15.00. (1982 Code, § 13-210)

CHAPTER 2

ENFORCEMENT RESPONSE PLAN

SECTION

18-201. Introduction.
18-202. Definitions of terms relevant to enforcement.
18-203. Responsibilities of control authority personnel.
18-204. Determining time frames for enforcement actions and follow-up.
18-205. Applying the enforcement response guide.
18-206. Using the model enforcement response guide.
18-207. Description of terms.
18-208. Model enforcement response guide.
18-209. Administrative enforcement remedies.
18-210. Criminal violations.
18-211. Additional enforcement remedies.
18-212. Affirmative defenses.

18-201. Introduction. One of the most important requirements of pretreatment program implementation for Publicly Owned Treatment Works (POTW) is an effective enforcement program to deal with Industrial User noncompliance. In July, 1990, Environmental Protection Agency amended the General Pretreatment Regulations requiring all POTW's, with approved pretreatment programs to develop enforcement response plans. An enforcement response plan specifies criteria by which POTW personnel can determine the enforcement action most appropriate to the nature of the violation.

The following enforcement response plan will enable the City of McMinnville to clearly establish enforcement responsibilities so that they can react decisively and consistently to specific instances of noncompliance. (1982 Code, § 13-301, as replaced by Ord. #1169, § 1, Sept. 1995)

18-202. Definitions of terms relevant to enforcement.

(1): "Absolve" - To excuse; to free from an obligation or the consequences of guilt or liability.
(2): "Administrative action (a fine or order)" - An enforcement action authorized by the Control Authority's legal authority which is taken without the involvement of a court.
(3): "Administrative fine" - A punitive monetary charge unrelated to actual treatment costs which is assessed by the Control Authority rather than a court.

intentional violations. A court trial-by-jury is generally required and upon conviction, punishment may include a monetary penalty, imprisonment, or both.

(22) "Defendant" - The party against whom relief or recovery is sought.

(23): "Deposition" - A discovery device by which one party addresses verbal questions to the other party or to a witness for the other party. Depositions are conducted under oath outside the courtroom, usually in the office of an attorney. A transcript is made of the deposition which may be used as evidence at trial.
(24): "Deterrent value" - A threat of reprisal which is sufficient to discourage the industrial user from future violations.
(25): "Discovery" - A variety of pretrial devices used by one party to obtain relevant facts and information about the case from the other party.
(26): "Double jeopardy" - The prohibition against a second prosection after a trial for the same offense.
(27): "Enabling legislation" - A state law or charter which creates and empowers a Control Authority.
(28): "Felony" - A crime punishable by imprisonment for greater than one year (depending on State law).
(29): "Fees" - A schedule of charges imposed to recover treatment costs (not punitive in nature).
(30): "Fine" - A punitive monetary charge for a violation of the law. Often used synonymously with "penalty", although the term "fine" generally implies the use of administrative rather than civil (judicial) procedures.
(31): "Good faith effort" or "Progress" - Prompt and vigorous pollution control measures undertaken by the discharger which shows that extraordinary efforts (not a "business-as-usual" approach) have been made to achieve compliance.
(35): "Injunction," "Injunctive relief" - A court order which restrains or compels action by the industrial user.
(36): "Interrogatories" - A discovery device consisting of written questions submitted by one party to the other party or witness.
(37): "Judicial action" or "Case" - An enforcement action that involves a court. (The action may either be civil or criminal in nature).
(38): "Jurisdiction" - The extent of authority of governmental entity's power to make and enforce laws.
(39): "Legal authority" - The source of a Control Authority's jurisdiction and regulatory powers.
(56): "Show cause order" - An administrative order directing a noncompliant user to appear before the Control Authority, explain its noncompliance, and show cause why more severe enforcement actions against the user should not go forward.
(57): "Significant noncompliance" - Criteria used by Control and Approval Authorities to identity important violations and/or patterns of noncompliance. This criteria is used to establish enforcement priorities and comply with special reporting requirements.
(58): "Standard of strict liability" - Liability which attaches without regard to the user's "negligence" or "intent" to violate. Noncompliant industrial users will be found liable for pretreatment violation if the Control Authority proves that a violation occurred.
(59): "Statue of limitations" - A law which prescribes the period within which an enforcement action may be pursued by the Control Authority.
(62): "Termination of service" - A physical blockage of the sewer connection to a noncomplient user or issuance of a formal notice of termination to the industrial user.

18-203. Responsibilities of control authority personnel.

(1): Inspectors/field personnel. Inspectors/field personnel have the authority to conduct compliance sampling and inspections, screen compliance monitoring data, detect noncompliance, inform the pretreatment coordinator of violations and immediately respond to noncompliance with informal warnings. NOV's or other similar citations.
(2): Pretreatment coordinator. The pretreatment coordinator is responsible for ensuring implementation of the Control Authority's pretreatment program requirements. Consequently, the pretreatment coordinator is also responsible for issuing NOV's and administrative orders, assessing fines, and publishing the list of significant violators.
(3): POTW director/superintendent. The wastewater treatment plant Superintendent is responsible for compliance with the terms and conditions of the POTW's NPDES permit and for the overall operation and maintenance of the POTW, including employee safety, protection of the collection system and the treatment plant, effluent quality, and sludge use and disposal. Given these responsibilities, the Superintendent will have authority to issue administrative orders, terminate service, conduct show cause hearings, and initiate judicial proceedings.

(4) Control authority attorney. The Control Authority attorney advises technical and managerial personnel on enforcement matters and orchestrates the judicial responses deemed necessary by the Superintendent. Consequently, the attorney should be consulted on all matters requiring the interpretation of the sewer use resolution and the enforcement response plan. Many Control Authorities have attorneys prepare model NOV's and administrative orders which may (with simple modifications) be easily issued by technical staff. In addition, many Control Authorities also routinely copy the attorney with administrative orders and fine assessments since further responses against the user may involve judicial action. (1982 Code, § 13-302, as replaced by Ord. #1169, § 1, Sept. 1995)

18-204. Determining time frames for enforcement actions and follow-up. In order for an enforcement action to be effective, it must be timely. For an action to be timely, the violation must be detected and responded to promptly after its occurrence. Therefore, review of compliance reports (for both effluent violations and timeliness) shall be a high priority at the time of their submission. The Control Authority staff shall review industrial user reports within five (5) days of receipt. Violations observed by Control Authority field personnel may receive even swifter attention.

No more than thirty (30) days shall be allowed to elapse between the detection of the violation(s) and the initiation of an enforcement response. If the appropriate response is an informal warning or an NOV, the response time may be much shorter. For example, a NOV should be sent to the noncompliant user within a week of the violation's detection.

After its initial enforcement response, the Control Authority shall closely track the industrial user's progress toward compliance. For example, the Control Authority should not wait several weeks to determine whether a compliance schedule milestone has been met or to verify that a report which was to be submitted within ten (10) days of receiving a NOV was in fact submitted. Instead, the Control Authority shall make this determination on or about the milestone date. One method to ensure that user compliance is closely tracked is to increase the frequency of user self-monitoring. For instance, an administrative order may increase self-monitoring from once per quarter to once a month. Similarly, the Control Authority is own inspections of the user's facility may be increased until consistent compliance is demonstrated. These follow-up compliance activities shall begin no later than thirty (30) to forty five (45) days after initial enforcement response is taken. When follow-up activities indicate that the violation persists or that satisfactory progress is not being made, the Control Authority shall escalate its enforcement response.

These follow-up enforcement actions shall be taken within sixty (60) to ninety

(90) days of the initial enforcement action. The model enforcement response guide presents time frames in which enforcement actions shall be taken. (1982 Code, § 13-304, as replaced by Ord. #1169, § 1, Sept. 1995)

18-205. Applying the enforcement response guide. A comprehensive enforcement response guide designates several alternative enforcement options for each type (or pattern) of noncompliance. The Control Authority personnel who detect noncompliance need only select an appropriate response from the short list of enforcement options indicated. There are a number of factors to consider when selecting a response from among these options:

*: Good faith of the user.
*: Compliance history of the user.
*: Previous success of enforcement actions taken against the particular user (e.g., if NOV's have not previously succeeded in returning the user to compliance, an administrative order is the more appropriate response).
*: Violation's effect on the receiving waters.
*: Violation's effect on the POTW

Since the remedies designated are all considered appropriate, the Control Authority must weigh each of the above factors in deciding whether to use a more or less stringent response.

The Control Authority shall consistently follow the response guide. To do otherwise sends a signal to industrial users and the public that the Control Authority is not acting in a predictable manner and may subject the Control Authority to charges of arbitrary enforcement decision making, thereby jeopardizing future enforcement.

The following pages present a model enforcement response guide for the Control Authority. This guide identifies types of violations, indicates initial and follow-up responses and designates personnel and time frames for these responses.

(1982 Code, § 13-305, as replaced by Ord. #1169, § 1, Sept. 1995)

18-206. Using the model enforcement response guide. The enforcement guide is used as follows:

(1): Locate the type of noncompliance in the first column and identify the most accurate description of the violation.
(2): Assess the appropriateness of the recommended response(s) in column two. First offenders or users demonstrating good faith efforts may merit a more lenient response. Similarly, repeat offenders or those demonstrating negligence may require a more stringent response.
(3): Apply the enforcement response to the industrial user. Specify corrective action or other responses required of the industrial user, if any. Column three indicates personnel to take each response and the time frame in which that response shall be taken.
(4): Follow-up with escalated enforcement action if the industrial user's response is not received or violation continues.

The Control Authority should remember to maintain all supporting documentation regarding the violation and its enforcement actions in the industrial user's file. (1982 Code, § 13-306, as replaced by Ord. #1169, § 1, Sept. 1995)

18-207. Description of terms. Terms and abbreviations used in the model

guide are defined below.
"AO"	Administrative order
"Civil litigation"	Civil litigation against the industrial u			ser seeking
	equitable relief, monetary		penalties	and	actual
	damages.
"Criminal prosecution"		Pursuing punitive measures against an individual and/or

organization through a court of law.

"Fine" Monetary penalty assessed by control authority officials. Fines should be assessed by the pretreatment coordinator or the POTW superintendent.

"I" Inspector

"IU" Industrial user

"Meeting" Informal compliance meeting with the IU to resolve recurring non-compliance.

"NOV" Notice of violation "PC" Pretreatment Coordinator

"S" Superintendent

"SV" Significant violation

"Show cause" Formal meeting requiring the IU to appear and demonstrate why the control authority should not take a proposed enforcement action against it. The meeting may also serve as a forum to discuss corrective actions and compliance schedules. (1982 Code, § 13-307, as replaced by Ord. #1169, § 1, Sept. 1995)


18-208. Model enforcement response guide.
Unauthorized Discharges (no permit)
Noncompliance Nature of the Violation	Enforcement Responses	Personnel
1. Unpermitted discharge IU unaware of requirement; no harm to POTW/	Phone call; NOV with application	PC
environment	form
IU unaware of requirement; harm to POTW	- AO with $500.00 fine	PC
	- Civil Action	S
Failure to apply continues after notice by the POTW	- Civil Action	S
	- Criminal Investigation	S
	- Terminate Service	S
2. Nonpermitted discharge IU has not submitted application within ten (10) days	- Phone call; NOV	PC
(failure to renew) of due date
Discharge Limit Violation
1. Exceedance of local or federal standard Isolated, not significant	- Phone call; NOV	I, PC
(permit limited)
Isolated, significant (no harm)	AO to develop spill prevention plan	PC
	and $500.00 fine
Isolated, harm to POTW or environment	AO with $1,000 fine	PC, S
	- Show cause order	PC, S
	- Civil action	S
Recurring, no harm to POTW/environment	AO with $750.00 fine	PC

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3. Improper sampling	Evidence of intent	- Criminal investigation - Terminate service	S S
4. Failure to install monitoring equipment	Delay of less than 30 days	- NOV	PC
	Delay of 30 days or more	AO to install monitoring equipment with $500.00 fine for each additional day	PC
	Recurring, violation of AO	- Civil action - Criminal investigation - Terminate service	PC S S
5. Compliance schedules	Missed milestone by less than 30 days, or will not affect final milestone	NOV or AO with $300.00 fine	PC
	Missed milestone by more than 30 days, or will affect final milestone (good cause for delay)	AO with $500.00 fine	PC
	Missed milestone by more than 30 days, or will affect final milestone (no good cause for delay)	AO with $1,000 fine - Show cause order - Civil action - Terminate service	PC, S PC, S S S
	Recurring violation or violation of schedule in AO	- Civil action - Criminal investigation - Terminate service	S S S
Other permit violations
1. Wastestreams are diluted in lieu of treatment	Initial violation	AO with $1,000 fine	PC
	Recurring	- Show cause order - Terminate service	PC, S S
2. Failure to mitigate noncompliance or	Does not result in harm	- NOV	PC

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halt production
Does result in harm		- AO with $1,000.00 fine - Civil action	PC S
3. Failure to properly operate and maintain pretreatment facility	Does not result in harm	- NOV	PC
	Does result in harm	- AO with $1,000.00 fine - Civil action	PC S
Violations detected during site visits
Noncompliance	Nature of violations	Enforcement Responses	Personnel
1. Entry denial	Entry denied or consent withdrawn; copies of records denied	Obtain warrant and return to IU	I
2. Illegal discharge	No harm to POTW or environment	AO with $500.00 fine	PC
	Discharge causes harm or evidence of intent/negligence	- AO with $1,000.00 fine - Civil action - Criminal investigation	PC, S S S
	Recurring, violation of AO	- Terminate service	S
3. Improper sampling	Unintentional sampling at incorrect location	- NOV	I, PC
	Unintentional using incorrect sample type	- NOV	I, PC
	Unintentional using incorrect sample collection techniques	- NOV	I, PC
4. Inadequate recordkeeping	Inspector finds files incomplete to missing (no evidence of intent)	- NOV	I, PC
	Recurring, or evidence of intent	AO with $1,000.00 fine	PC
5. Failure to report additional monitoring	Inspection finds additional files (no evidence of intent)	NOV	I, PC
	Recurring or evidence of intent	AO with $1,000.00 fine	PC

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Timeframe for responses

A. All violations will be identified and documented within five (5) days of receiving compliance information.

B. Initial enforcement responses, [involving contact with the industrial user and requesting information on corrective or preventative action(s)] will occur within fifteen (15) days of violation detection.

C. Follow up actions for continuing or reoccurring violations will be taken within sixty (60) days of the initial enforcement response. For all continuing violations, the response will include a compliance schedule.

D. Violations which threaten health, property or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or terminating service.

E. All violations meeting the criteria for significant noncompliance will be addressed with an enforceable order within thirty (30) days of the identification of significant noncompliance. (1982 Code, § 13-308, as replaced by Ord. #1169, §, Sept. 1995)

18-209. Administrative enforcement remedies¹.

(1): Notification of violation. Whenever the superintendent finds that any industrial user has violated or is violating City of McMinnville's Sewer Use Ordinance, or a wastewater permit or order issued hereunder, the superintendent or his agent may serve upon said user written notice of the violation. Within ten (10) days from the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
(2): Consent orders. The Superintendent is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as administrative orders.

(3) Show cause hearing. (a) The Superintendent may order any

industrial user which causes or contributes to violation of City of McMinnville's Sewer Use Ordinance or order or wastewater permit issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.

Such notice may be service on any principal executive, general partner or corporate officer. In the event a duly notified industrial user does not appear as noticed, immediate enforcement action may be pursued.

¹See Ord. #1169 (Sept. 1995) of record in the office of the recorder for an

example NOV; Cease and Desist Order; Consent Order; Compliance Order; and

Show Cause Order.

(b) At any hearing held, testimony taken must be under oath and either audio recorded or stenographically. The transcript, so recorded, will be made available to any party of the hearing, and any member of the public upon payment of the usual charges thereof.

(4): Compliance order. When the Superintendent finds that an industrial user has violated or continues to violate City of McMinnville's Sewer Use Ordinance or a permit or order issued thereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(6): Administrative penalties. Any user who is found to have violated any provisions of City of McMinnville's Sewer Use Ordinance, or the orders and permits issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Superintendent shall have such other collection remedies as he has to collect other service charges.
(7): Emergency suspensions. (a) The Superintendent may suspend the wastewater treatment service and/or wastewater permit whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing any of the following conditions:

(i) An imminent or substantial endangerment to the health or welfare of persons, or the environment.

(ii) An interference or pass through.

(iii) A violation of any condition of the POTW's NPDES permit.

(b) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. A hearing will be held within fifteen (15) days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure of the person to comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Superintendent shall reinstate the wastewater permit and/or the wastewater treatment, service upon proof of the elimination of the noncomplying discharge.

(c) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent prior to the date of the hearing described in paragraph (b) above.

(9): Judicial remedies. If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of the City of McMinnville Sewer Use Ordinance or any order or permit issued hereunder, the Superintendent, through the City attorney, may commence an action for appropriate legal and/or equitable relief in the Chancery Court for Warren County.
(10): Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of the City of McMinnville Sewer Use Ordinance or an order or permit issued hereunder, the Superintendent, through the City Attorney, may petition the Court for the issuance of a preliminary or permanent injunction, or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.

In the event the Superintendent chooses to correct the violation himself, the cost of such correction may be added to the next scheduled sewer service charge payable by the person(s) causing the violation. The Superintendent shall have such remedies to collect these fees as it has to collect other sewer service charges.

(11) Civil penalties. (a) Any industrial user who has violated or continues to violate City of McMinnville's Sewer Use ordinance or any order or permit issued hereunder, shall be liable to the Superintendent for a civil penalty of not more than one thousand dollars ($1,000.00) plus actual damages incurred by the POTW per violation per day for as long as the violation(s) continues. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs, and other expenses including his enforcement activities, special sampling and monitoring expenses.

(b): In the event of a second conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,0000.00) per violation, per day, or imprisonment for not more than three (3) years or both.
(b): In the event of a second conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation, per day, or imprisonment for not more than three (3) years, or both.

(1982 Code, § 13-310, as replaced by Ord. #1169, § 1, Sept. 1995)

18-211. Additional enforcement remedies. (1) Additional enforcement remedies. The Superintendent shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant violation, as defined in this plan, with any provisions of the City of McMinnville Sewer Use Ordinance or any order or permit issued hereunder during the period since the previous publication.

(2): Performance bonds. The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of the City of McMinnville Sewer Use ordinance or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the POTW, in the sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
(3): Liability insurance. The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of the City of McMinnville Sewer Use Ordinance or any order or previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
(4): Water supply severance. Whenever an industrial user has violated or continues to violate the provisions of City of McMinnville's Sewer Use Ordinance or

an order or permit issue hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated consistent compliance.

(5) Informant rewards. The Superintendent is authorized to pay up to $500.00 for information leading to the discovery of noncompliance by an industrial user. In the event that the information provided results in an administrative fine or civil penalty, levied against the user, the Superintendent is authorized to disperse up to ten percent (10%) of the collected fine or penalty to the informant. (1982 Code, § 13-311, as replaced by Ord. #1169, § 1, Sept. 1995)

18-212. Affirmative defenses. (1) Operating upsets. (a) Any industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, shall inform the Superintendent thereof immediately upon first awareness of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five (5) days.

The report shall contain:

(i): A description of the upset, its cause(s) and impact on the discharger's compliance status;
(ii): The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored;

(iii) All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.

(b) An industrial user which timely complies with the notification provisions of this section shall have an affirmative defense to any enforcement action brought by the Superintendent for any noncompliance with the City of McMinnville Sewer Use Ordinance, or an order or permit issued hereunder by the user,'which arises out of violations alleged to have occurred during the period of the documented and verified upset. (1982 Code, § 13-312, as replaced by Ord. #1169, § 1, Sept. 1995)

CHAPTER 3

SEWER USE

SECTION

18-301. Purpose and policy.

18-302. Definitions.

18-303. Local hearing authority.

18-304. Requirements for proper wastewater disposal.

18-305. Physical connection to public sewers.

18-306. General installation and construction requirements and specifications for building sewers.

18-307. Barricades and lights for excavations; restoration of streets of sidewalks, etc.

18-308. Notice to superintendent when work completed.

18-309. Prohibited connections.

18-310. Maintenance of building sewers.

18-311. Requirements for private wastewater disposal.

18-312. Construction permit required for private sewage disposal systems; application for permit.

18-313. Abandonment when public sewer becomes available.

18-314. Holding tank waste disposal permit.

18-315. Fees for holding tank waste disposal permit.

18-316. Designated disposal locations.

18-317. Revocation of permit.

18-318. Requirements for carnivals, circuses, etc.

18-319. Chapter does not prevent city from accepting industrial waste for treatment.

18-320. Applications for discharge of domestic wastewater.

18-321. Industrial wastewater discharge permits.

18-322. Confidential information.

18-323. General discharge prohibitions.

18-324. Restrictions on wastewater strength.

18-325. Protection of treatment plant influent.

18-326. Federal categorical pretreatment standards.

18-327. Right to establish more restrictive criteria.

18-328. Special agreements.

18-329. Exceptions to discharge criteria.

18-330. Accidental discharges.

18-331. Monitoring facilities.

18-332. Inspection and sampling.

18-333. Compliance date report.

18-334. Periodic compliance reports.

18-335. Maintenance of records.

18-336. Safety.

18-337. Enforcement and abatement, complaints and orders.

18-338. Submission of time schedule.

18-339. Pretreatment enforcement hearings and appeals.

18-340. Legal action.

18-341. Pretreatment enforcement emergencies.

18-342. Public nuisance.

18-343. Pretreatment enforcement violations - civil penalty.
18-344. Special fund for damages.
18-345. Annual publication of significant violators.
18-346. Falsifying information
18-347. Fees and billing; purpose.
18-348. Types of charges and fees.
18-349. Fees for applications for discharge.
18-350. Inspection fee and tapping fee.
18-351. Sewer user charges.
18-352. Surcharge fees.
18-353. Industrial wastewater discharge permit fees.
18-354. Fees for industrial discharge monitoring.
18-355. Billing.
18-356. Annual notification.
18-357. Biennial review of operation and maintenance charges.
18-358. Validity.

18-301. Purpose and policy. This chapter sets forth uniform requirements for the disposal of wastewater in the service area of the City of McMinnville, Tennessee wastewater treatment system and replaces Title 13, Chapters 3, 4 and 5 of the McMinnville Municipal Code, adopted 1982 (and any ordinances amending these Chapters). The objectives of this chapter are:

(1): To protect the public health;
(2): To provide problem free wastewater collection and treatment service;

(3): To prevent the introduction of pollutants into the municipal wastewater treatment system, which will interfere with the system operation, will cause the City's discharge to violate its National Pollutant Discharge Elimination System (NPDES) permit or other applicable State requirements, or will cause physical damage to the wastewater treatment system facilities;
(4): To provide for full and equitable distribution of the cost of the wastewater treatment system;
(5): To enable the City of McMinnville to comply with the provisions of the Federal Clean Water Act, the General Pretreatment Regulations (40 CFR Part 403.1 et seq), and other applicable Federal and State laws and regulations;
(6): To improve the opportunity to recycle and reclaim wastewaters and sludges from the wastewater treatment system.

In meeting these objectives, this chapter provides that all persons in the service area of the City of McMinnville must have adequate wastewater treatment either in the form of a connection to the municipal wastewater treatment system or, where the system is not available, an appropriate private disposal system. The chapter also provides for the issuance of permits to system users; for the regulations of wastewater discharge volume and characteristics; for monitoring and enforcement activities; and for the setting of fees for the full and equitable distribution of costs resulting from the operation, maintenance, and capital recovery of the wastewater treatment system and from other activities required by the enforcement and administrative program established herein.

This chapter shall apply to the City of McMinnville, Tennessee and to persons outside the city who are, by contract or agreement with the city, users of the municipal wastewater treatment system. Except as otherwise provided herein the Superintendent, McMinnville Sewer System, shall administer, implement, and enforce the provisions of this chapter. (1982 Code, § 13-401, as replaced by Ord. #1169, § 1, Sept. 1995)

18-302. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

(1): "Act" or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
(2): "Approval authority." The commissioner of the Tennessee Department of Environment and Conservation and the Administrator of the EPA.
(3): "Authorized representative of industrial user." An authorized representative of an industrial user may be: (1) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(4): "Biochemical Oxygen Demand (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l).
(5): "Building drain" Shall be defined as that 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 (1.5 meters) outside the inner face of the building wall.
(6): "Building sewer." The extension from the building drain to the public sewer or other place of disposal.
(7): "Categorical standards." National categorical pretreatment standards or pretreatment standard.
(8): "Chemical Oxygen Demand (COD)." The quantity of oxygen utilized in the oxidation of organic matter to carbon dioxide and water expressed in milligrams per liter by weight.
(9): "City." The City of McMinnville, Tennessee or the Board of Mayor and Aldermen of McMinnville, Tennessee.
(10): "Combined sewer." A sewer receiving both surface runoff and sewage.
(11): "Compatible pollutant." Shall mean BOD, suspended solids, pH, and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this city's NPDES permit for its wastewater treatment works where sewer works have been designed and used to reduce or remove such pollutants.
(12): "Cooling water." The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(13): "Control authority." The term "control authority" shall refer to the "approval authority," defined hereinabove; or the superintendent if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.
(14): "Customer." Any individual, partnership, corporation, association, or group who receives sewer service from the city under either an express or implied contract requiring payment to the city for such service
(15): "Direct discharge." The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.

(16): "Dissolved solids." All solids found in water, sewage or other liquids and which are not removable by laboratory filtering.
(17): "Domestic wastewater." Wastewater that is generated by a single family, apartment or other dwelling unit or dwelling unit equivalent containing sanitary facilities for the disposal of wastewater and used for residential purposes only.
(18): "Environmental Protection Agency, or EPA." The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.
(19): "Garbage." Shall mean solid domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(20): "Grab sample." A sample which is taken from a water stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(21): "Holding tank waste." Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(22): "Incompatible pollutant." Shall mean any pollutant which is not a "compatible pollutant" as defined in this section.
(25): "Infiltration." Groundwater entering the sewer system through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole wall. Infiltration does not include, is distinguished from, inflow.
(26): "Infiltration/inflow." The total quantity of water from both infiltration and inflow without distinguishing the source.
(27): "Inflow." The surface water discharged into a sewer system through such means as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm drains and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.
(28): "Interference." The inhibition or disruption of the municipal wastewater treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by, the POTW in accordance with Section 405 of the Act (33

U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the municipal wastewater treatment system.

(29): "Letter of intent." A written statement from an industrial user to the city of that user's intent to utilize a specified portion of the publicly owned waste treatment facility for a given length of time.
(30): "Monitoring." The measurement, continuous or intermittent, of water quality.

sewers, with no particle greater that one-half inch (1.27 centimeters) in any dimension.

(52): "Significant industrial user." Means (1) any discharger subject to National Categorical Pretreatment Standards; or (2) any non-categorical dischargers that (a) have a reasonable potential in the opinion of the Control Authority or the Approval Authority to adversely affect the POTW's operation, (b) contribute a process wastewater which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW's treatment plant, or (c) discharges 25,000 gallons or more of process wastewater or biochemical oxygen demand (BOD) greater than 200 mg/l.
(55): "Standard Industrial Classification (SIC)." A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(56): "Storm water." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(57): "Storm sewer" or "Storm drain." Shall mean a pipe or conduit which carries storm and surface waters and drainage but excludes sewage and industrial wastes; it may, however, carry cooling waters and unpolluted waters upon approval of the Superintendent.
(58): "Superintendent." The Superintendent of the Sewage Works and/or Sewer Plant of the City of McMinnville, his authorized deputy agent, or representative.
(59): "Suspended solids." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
(60): "Total solids." All the matter which remains as a residue after water, sewage and/or other liquids are subjected to evaporation at 105 degrees C.
(61): "Toxic pollutant." Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.
(62): "Twenty-four (24) hour flow proportional composite sample." A sample consisting of several sample portions collected during a 24-hour period in which the

portions of a sample are proportioned to the flow and combined to form a representative sample.

(63): "User." Any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
(66): "Waters of the state." All streams, lakes, ponds, marshes, aquifers, irrigation systems, drainage systems and all other bodies of accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(2): The local hearing authority shall be composed of: the Mayor and the City Administrator, both as ex-officio members; the Water and Sewer Committee Chairman; and two Water and Sewer Committee members.
(3): The local hearing authority shall meet as necessary to exercise the duties and responsibilities specified in this chapter. The chairman of the local hearing authority shall be the Chairman of the Water and Sewer Committee. (1982 Code, § 13-403, as replaced by Ord. #1169, Sept. 1995)

18-304. Requirements for proper wastewater disposal.

(1): Disposal of human and animal excrements. It shall be unlawful for any person to place, deposit, or permit to be deposit in any unsanitary manner on public or private property within the City of McMinnville, or any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.
(2): Discharge of sewage or polluted waters. It shall be unlawful to discharge to any waters of the State within the City of McMinnville, or any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provision of this chapter.
(5): below, the owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city 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 in the city, is hereby required at his

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 chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is adjacent to the owner's property line except where some other unusual circumstance exists. The city may begin billing monthly sewer use charges after notifying the User that a public sanitary sewer is available.

(5): Manufacturing facility discharge. The owner of a manufacturing facility may discharge wastewater to the waters of the State provided that he obtains an NPDES permit and meets all requirements of the Federal Clean Water Act, the NPDES permit, and any other applicable local, state, or federal statutes and regulations.
(6): Where a public sanitary sewer is not available under the provisions of Paragraph (4) above, the building sewer shall be connected to a private sewage disposal system complying with the provisions of section 18-311. (1982 Code, § 13404, as replaced by Ord. #1169, Sept. 1995)

18-305. Physical connection to public sewers.

(1): Connection to public sewer. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. The connection shall be made under the supervision of the Superintendent or his representative.
(2): Sewer connections. No unauthorized person.shall uncover, make any connections with or openings into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
(3): Building sewer permits. There shall be two (2) classes of building sewer permits; (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. Their permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of fifteen dollars ($15.00) for a residential or commercial building sewer permit and fifteen dollars ($15.00) for an industrial building sewer permit and inspection shall be paid to the city at the time the application is filed. Such fee shall be in addition to the tapping fee.
(4): Cost of sewer connection. All costs and expenses incident to the installation, connection, and inspection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may, directly or indirectly be occasioned by the installation of the building sewer.
(5): Users per connection. A separate and independent building sewer shall be provided for every 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.
(6): Use of existing sewer connection. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested

by the Superintendent, to meet all requirements of this Chapter. All others must be sealed to the specifications of the Superintendent. (1982 Code, § 13-405, as replaced by Ord. #1169, Sept. 1995)

18-306. General installation and construction requirements and specifications for building sewers. (1) The size, slope, alignment, and materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(4): 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 and discharged to the public sewer. (1982 Code, § 13-406, as replaced by Ord. #1169, Sept. 1995)

18-307. Barricades and lights for excavations; restoration of streets, sidewalks, etc. 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 city. (1982 Code, § 13-407, as replaced by Ord. #1169, Sept. 1995)

18-308. Notice to superintendent when work completed. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. No sewer service line shall be covered up or used until it is inspected. (Ord. #1169, Sept. 1995)

18-309. Prohibited connections. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface run-off or ground water to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. (Ord. #1169, Sept. 1995)

18-310. Maintenance of building sewers.

(1): Owner Responsibility. Each individual property owner or user of the POTW shall be entirely responsible for the maintenance of the building sewer located on private property. This maintenance will include repair or replacement of the service line as deemed necessary by the Superintendent to meet specifications of the city.
(2): Maintenance of preliminary treatment or flow-equalizing facilities. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes in accord with this chapter, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(3): Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. 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 inspector, and shall be located as to be readily and easily accessible for cleaning and inspection.

Upon construction or renovation, all restaurants, cafeterias, hotels, motels, hospitals, garages and some manufacturing plants shall install a grease trap on kitchen waste lines and other discharge lines carrying grease and oil. All existing restaurants, cafeterias, hotel, motels, hospitals, garages and manufacturing plants and other commercial food preparation establishments shall be required to construct a grease trap, at the owner's expense upon notification by the Superintendent, if and when the Superintendent determines that a grease/oil problem exists which is capable of causing damage or operational problems to structures or equipment in the public sewer system. The city retains the right to inspect and approve installation of the grease trap facility. The grease trap must be designed in accordance with current engineering standards; it shall be tightly sealed and easily accessible to encourage regular maintenance. Grease traps shall be maintained by the owner or operator of the facility so as to prevent a stoppage of the public sewer.

If the city is required to clean out the public sewer lines as a result of a stoppage resulting from a clogged grease trap, the property owner shall be required to refund the labor, equipment, materials and overhead costs to the city. (Ord. #1169, Sept. 1995)

18-311. Requirements for private wastewater disposal. (1) A private domestic wastewater disposal system may not be constructed within the city unless and until a certificate is obtained from the Superintendent stating that a public sewer is not accessible to the property and no such sewer is proposed for construction in the immediate future. No certificate shall be issued for any private domestic wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than that specified by the Warren County Health Department.

(2): Before commencement of construction of a subsurface soil absorption facility, the Owner shall first obtain written permission from the Warren County Health Department. The Owner shall supply any plans, specifications, and other information as are deemed necessary by the Warren County Health Department.
(3): A subsurface soil absorption facility shall not be placed in operation until the installation is completed to the satisfaction of the Warren County Health Department. They shall be allowed to inspect the work at any stage of construction and, in any event, the owner shall notify the Warren County Health Department when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within a reasonable period of time after the receipt of notice by the Warren County Health Department.
(4): The type, capacity, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Environment and Conservation of the State of Tennessee and/or the Warren County Health Department. No septic tank or cesspool shall be permitted to discharge to any waters of the State.
(5): The Owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(2): The form for the application for a permit under this section shall be as follows:

Private Sewage Disposal Application

To the City of McMinnville:

The undersigned, being the

(Owner, Owner's Agent)

of the property located at

(Number) (Street)

does hereby request a permit to install sanitary sewage disposal facilities to

serve the at said location.

(Residence, Commercial Building, etc.)

The proposed facilities include:
to be constructed in complete accordance with the plans and specifications attached hereunto as Exhibit "A."

The area of the property is square feet (or square meters).
The name and address of the person or firm who will perform the work is: .
The maximum number of persons to be served by the proposed facilities is .
The locations and nature of all sources of private or public water supply within one hundred (100) feet of any boundary of said property as shown on the plat attached hereunto as Exhibit "B."

In consideration of the granting of this permit, the undersigned agrees:

To furnish any additional information relating to the proposed work that shall be requested by the Superintendent.
To accept and abide by all provisions of title 18, chapter 3, of the McMinnville Municipal Code and of all other pertinent ordinances or regulations that may be adopted in the future.
To operate and maintain the wastewater disposal facilities covered by this application in a sanitary manner at all times, in compliance with all requirements of the health officer at the Warren County Health Department, and at no expense to the city.
To notify the Superintendent at least twenty-four (24) hours prior to commencement of the work proposed, and again at least twenty-four

(24) hours prior to the covering of any underground portions of the installation.

Date: Signed
(Applicant)

(Address of Applicant)

$15.00 permit and inspection fee paid (Certification by city recorder)

Application approved and permit issued: Date Signed (Superintendent) (Ord. #1169, Sept. 1995)

18-313. Abandonment when public sewer becomes available. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 18-311, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, cleaned of sludge, and filled with clean gravel or dirt, at the earliest time. (Ord. #1169, Sept. 1995)

18-314. Holding tank waste disposal permit. No person, firm, association or corporation shall drain, clean out, or flush any septic tank, or any other type of wastewater or excreta disposal system, unless such person, firm, association, or corporation obtains a permit from the Superintendent to perform such acts or services. Any person, firm, association, or corporation desiring a permit to perform such services shall file an application on the prescribed form. Upon any such application, said permit shall be issued by the Superintendent when the conditions of this Chapter have been met and provided the Superintendent is satisfied the applicant has adequate and proper equipment to perform the services contemplated in a safe and competent manner. (Ord. #1169, Sept. 1995)

18-315. Fees for holding tank waste disposal permit. For each permit issued under the provisions of Section 18-314, an annual service charge therefore shall be paid to the city to be set as specified in Section 18-350. Any such permit granted shall be for one full fiscal year or fraction of the fiscal year, and shall continue in full force and effect from the time issued until the ending of the fiscal year unless sooner revoked, and shall be nontransferable. The number of the permit granted hereunder shall be plainly painted on each side of the tank used in the conduct of the business permitted hereunder. (Ord. #1169, Sept. 1995)

18-316. Designated disposal locations. The Superintendent shall designate approved locations for the emptying and cleansing of all equipment used in the performance of the services rendered under the permit herein provided for, and it shall be a violation hereof for any person, firm, association or corporation to empty or clean such equipment at any place other than a place so designated. (Ord. #1169, Sept. 1995)

18-317. Revocation of permit. Failure to comply with all the provisions of this Chapter shall be sufficient cause for the revocation of such permit by the superintendent. The possession within the city by any person of any motor vehicle equipped with a body type and accessories of a nature and design capable of serving a septic tank of wastewater or excreta disposal system cleaning unit shall be prima facie evidence that such person is engaged in the business of cleaning, draining, or flushing septic tanks or other wastewater or excreta disposal systems within the City of McMinnville. (Ord. #1169, Sept. 1995)

18-318. Requirements for carnivals, circuses, etc. Whenever carnivals, circuses, or other transient groups of persons come within the area of McMinnville, such groups shall provide a sanitary method of disposal of sewage and human excreta. Failure of a carnival, circus, or other transient group to provide such sanitary method of disposal and to make all reasonable changes and corrections proposed by the health officer shall constitute a misdemeanor. (Ord. #1169, Sept. 1995)

18-319. Chapter does not prevent city from accepting industrial waste for treatment. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern. (Ord. #1169, Sept. 1995)

18-320. Applications for discharge of domestic wastewater. All users or prospective users which generate domestic wastewater shall make application to the superintendent for written authorization to discharge to the municipal wastewater treatment system. Applications shall be required from all new dischargers as well as for any existing discharger desiring additional service. Connection to the municipal sewer shall not be made until the application is received and approved by the Superintendent, the building sewer is installed in accordance with Section 18-306 of this Chapter and an inspection has been performed by the Superintendent or his representative.

The receipt by the city of a prospective customers application for service shall not obligate the city to render the service. If the service applied for cannot be supplied in accordance with this chapter and the city's rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the city to the applicant for such service, except that conditional waivers for additional services may be granted by the Superintendent for interim periods if compliance may be assured within a reasonable period of time.

(1) The following form shall be used in connection with building sewer applications for residential and commercial service:

Residential or Commercial Building Sewer Application

To the City of McMinnville:

The undersigned, being the

(Owner, Owner's Agent)

of the property located at

(Number) (Street)

does hereby request a permit to install and connect a building sewer to serve

the at said location.(Residence,

Commercial Building, etc.)

1. The following indicated fixtures will be connected to the proposed building sewer:

Number Fixture Number Fixture

Kitchen sinks Water closets Lavatories Bathtubs Laundry tubs Showers Urinals Garbage grinders

Specify other fixtures

The maximum number of persons who will use the above fixtures is .
The name and address of the person or firm who will perform the proposed work is .
Plans and specifications for the proposed building sewer are attached

hereunto as Exhibit "A." In consideration of the granting of this permit, the undersigned agrees:

To accept and abide by all provisions of title 18, chapter 3 of the McMinnville Municipal Code and of all other pertinent ordinances or regulations that may be adopted in the future.
To maintain the building sewer at no expense to the city.

3. To notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer, but before any portion of the work is covered.

Date: Signed
(Applicant)

Tapping Fee (Address of Applicant) Permit and Inspection Fee Total

Fees Paid (Certification by city recorder) Application approved and permit issued: Date: Signed

(Superintendent) (Ord. #1169, Sept. 1995)

18-321. Industrial wastewater discharge permits.

(1): General Requirements. All Industrial Users proposing to connect to or to contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing,to the POTW.

WATER AND SEWERS1

SECTION

18-105. Water tapping fees.

SECTION

18-202. Definitions of terms relevant to enforcement.

18-203. Responsibilities of control authority personnel.

18-206. Using the model enforcement response guide. The enforcement guide is used as follows:

Timeframe for responses

18-209. Administrative enforcement remedies1 .

SEWER USE

18-304. Requirements for proper wastewater disposal.

18-305. Physical connection to public sewers.

18-307. Barricades and lights for excavations; restoration of streets, sidewalks, etc. All excavations for building sewer installations shall be adequately

18-310. Maintenance of building sewers.

18-321. Industrial wastewater discharge permits.

WATER AND SEWERS¹

18-209. Administrative enforcement remedies¹.