Sec. 9-4-1    Definitions
Sec. 9-4-2    Use of public sewers required
Sec. 9-4-3    Private sewage disposal
Sec. 9-4-4    Building sewers and connections
Sec. 9-4-5    Use of public sewers
Sec. 9-4-6    Protection from damage
Sec. 9-4-7    Powers and authority of inspectors
Sec. 9-4-8    Rates and tap fees
Sec. 9-4-9    Penalties

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

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 (1.5 meters) outside the inner face of the building wall.

Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

Combined sewer shall mean a sewer receiving both surface runoff and sewage.

Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

Person shall mean any individual, firm, company, association, society, corporation or group.

pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.

Public sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.

Sewage treatment plant shall mean any arrangement of devices and structures used for treating sewage.

Sewage works shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Sewer shall mean a pipe or conduit for carrying sewage.

Shall is mandatory; may is permissive.

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

Storm drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Superintendent shall mean the Town Administrator or his or her authorized deputy agent or representative, or such other person as shall be appointed by the Town Board.

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

Town shall mean the Town of Eaton, Colorado.

Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.  (Ord. 331 Article 1, 1976)

(a)    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, or in any area under the jurisdiction of the Town, any human or animal excrement, garbage or other objectionable waste.
(b)    It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of the Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.
(c)    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 sewage.
(d)    The owner 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 or combined sewer of the Town, is hereby required at his or her 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 IX, Section III, within ninety (90) days after the date of official notice to do so; provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line.  (Ord. 331 Article II, 1976)

(a)    Where a public sanitary or combined sewer is not available under the provisions of Subsection 9-4-2(d) above, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section 9-4-3.
(b)    Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Town Clerk, after first being approved by the Town Board.  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 Board.  A permit and inspection fee of fifty ($50.00) dollars shall be paid to the Town at the time the application is filed.
(c)    A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Town Board.  The Town Board or its appointed agent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Town Board when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within seventy-two (72) hours of the receipt of notice by the Town Board or its appointed agent.
(d)    The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Colorado Department of Public Health and Environment.  No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than required by the Colorado State Department of Public Health and the Weld County Health Department.  No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(e)    At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection (d) above, a direct connection shall be made to the public sewer in compliance with this Section IV, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(f)    The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Town.
(g)    No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the State or County Department of Health.
(h)    When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.  (Ord. 331 Article III, 1976)

(a)    No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Clerk.
(b)    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 or her agent shall make application on a special form furnished by the Town.  The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town Clerk.  A permit and inspection fee of fifty dollars ($50.00) for a residential or commercial building sewer permit and fifty dollars ($50.00) for an industrial building sewer permit shall be paid to the Town at the time the application is filed.
(c)    All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(d)    A separate and independent building sewer shall be provided for every building; except where one (1) 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.
(e)    Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Chapter.
(f)    The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of 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 Town.  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.
(g)    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 building sewer.
(h)    No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(i)    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 Town, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.  All such connections shall be made gastight and watertight.  Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(j)    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.  The connection shall be made under the supervision of the Superintendent or his or her representative.
(k)    All excavations for building sewer installation 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 Town.  (Ord. 331 Article IV, 1976)

(a)    No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(b)    Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent.  Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer or natural outlet.
(c)    No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1)    Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2)    Any waters or wastes containing toxic or poisonous soils, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
(3)    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 sewage works.
(4)    Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

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

(1)    Any liquid or vapor having a temperature higher than one hundred fifty degrees (150ºF) (65ºC).
(2)    Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty degrees (150ºF) (0º and 65ºC).
(3)    Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of three-fourths (¾) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
(4)    Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(5)    Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
(6)    Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(7)    Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
(8)    Any waters or wastes having a pH in excess of 9.5.
(9)    Materials which exert or cause:

a.    Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b.    Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c.    Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitutes significant load on the sewage treatment works.
d.    Unusual volume of flow or concentration of wastes constituting slugs as defined herein.

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

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

(1)    Reject the wastes,
(2)    Require pretreatment to an acceptable condition for discharge to the public sewers,
(3)    Require control over the quantities and rates of discharge, and/or
(4)    Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this Section 9-4-5.

If the Superintendent 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 Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
(f)    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; 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 Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.
(g)    Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(h)    When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes.  Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent.  The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
(i)    All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.  The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken.  Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
(j)    No statement contained in this Section 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, subject to payment therefor, by the industrial concern.  (Ord. 331 Article V, 1976)

(a)    No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.  (Ord. 331 Article VI, 1976)

(a)    The Superintendent and other duly authorized employees 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 in accordance with the provisions of this Chapter.  The Superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment.
(b)    While performing the necessary work on private properties referred to in Subsection (a) above, the Superintendent or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company, the company shall be held harmless for injury or death to 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 damages asserted against the company and 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 Subsection 9-4-5(h) above.
(c)    The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.  (Ord. 331 Article VII, 1976)

(a)    Rates.

(1)    The rates and charges and the manner of payment of such rates and charges for the use of the sanitary sewers and sewage system of the Town for property located both within and without the corporate limits of the Town shall be as adopted by resolution by the Town Board.  Said rates may be amended from time to time as the Town Board determines necessary.
(2)    Each industry creating a special or unusual treating or handling problem, in the opinion of the Town Board, will be charged in accordance with the costs of handling and treating the actual waste load at such rates and charges to be established through contract with the individual industry and/or by resolution of the Town Board.
(3)    For property other than residence property situated without the limits of the Town, the user shall make application to the Town Board for such use and a rate shall be established by resolution of the Town Board.
(4)    Sewer rates and charges shall be due and payable monthly and shall be collected at the time and in the manner which water rates are due and collected.
(5)    All rates and charges for the use of the sewer system of the Town shall constitute a lien upon the land, buildings and premises served; and, in the event said charges shall not be paid when due, the Town Board by resolution may order the Town Clerk to certify the delinquent charge or charges to the County Treasurer and shall be collected and paid over to the Town in the same manner as other taxes, and all laws of the State for the collection of general taxes shall apply, including the laws for the sale of property for taxes and redemption of same.
(6)    All revenue derived from the rates and charges imposed by this Chapter shall be deposited in a special sewer fund in accordance with the laws of the State and paid out only in accordance with said laws.

(b)    Sewer capacity fee.  The charge for each connection to the sewer system shall be based upon water meter size as follows:

(1)    For a ¾" water meter:  $2,750.00.
(2)    For a 1" water meter:  $4,675.00.
(3)    For a 1½" water meter:  $9,075.00.
(4)    For a 2" water meter:  $14,575.00.
(5)    For a 3" water meter:  $30,250.00.
(6)    For a 4" water meter:  $46,750.00.  (Ord. 331 Article VIII, 1976; Ord. 389, 1986; Ord. 464 §1, 1996; Ord. 493 §1, 2001; Ord. 503 §1, 2003; Ord. 529 §1, 2005)

(a)    Any person found to be violating any provision of this Section IV except Section 9-4-6 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 lease all violations.
(b)    Any person violating any of the provisions of this Section IV shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation.  (Ord. 331 Article IX, 1976; Ord. 420 §1, 1991)