CROSS REFERENCES
Sewer, water and other connections, Charter § 163
Power to construct sewerage system, RC 715.40, 717.01
Compulsory sewer connections, RC 729.06
Management and control of sewerage system, RC 729.50
Regulations to control house sewers and connections, RC 729.51
Interference with sewage flow, RC 4933.24
Sewerage service charges; payment, CO Ch 543
Rules and regulations for sewerage system, CO 543.08
Tampering with or possessing manhole covers, CO 625.22, 625.23
For the purposes of this chapter, the following words, letters, and phrases, or pronouns used in their stead, shall be construed as follows:
(a) "BOD" means Biochemical Oxygen Demand, or the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions in five (5) days at 20° C, expressed in milligrams per liter.
(b) "Building Drain" means that part of the lowest horizontal piping of a drainage system which receives, inside the walls of the building, the discharge from soil, waste, and other drainage pipes, sump pumps, and other similar conduits, and conveys it to the building sewer which begins three (3) feet outside the building wall.
(c) "Building Sewer" means that part of the horizontal piping of a drainage system which extends from the end of the building drain, receives discharge therefrom and conveys it to the public sewer, a private sewer, an individual wastewater-disposal system, or other points of discharge.
(d) "C" means Centigrade Degrees.
(e) "Capital Financing Charge" means that portion of the total sewer charge assigned to each user to defray the cost of debt service on the sewer system.
(f) "City" means the City of Cleveland, its officials and employees.
(g) "Combined Sewer" means a sewer which intentionally serves as both a sanitary sewer and a storm sewer.
(h) "Commissioner" means the Commissioner of Water Pollution Control.
(i) "Commissioner of Assessments and Licenses" means the Commissioner of Assessments and Licenses of the City's Department of Finance.
(j) "Cooling Water" means the water discharged from any use, including without limitation air conditioning, cooling or refrigeration, in the course of which discharge the only pollutant added is heat.
(k) "Director" means the Director of Public Utilities.
(l) "Division of Streets" means the Division of Streets of the City's Department of Public Service.
(m) "Domestic Waste" means wastewater which originates as waste from kitchens, water closets, lavatories, bathrooms and showers and which derives principally from residences, commercial buildings, industrial facilities, and institutions.
(n) "F" means Fahrenheit.
(o) "Garbage" means solid waste from domestic or commercial preparation, cooking and/or dispensing of food or from the handling, storage and/or sale of produce.
(p) "Grease or Fats" means any material which may be extracted from an acidified sample of waste by the use of hexane or any other solvent designated by the NEORSD or the Division of Water Pollution Control.
(q) "Industrial Waste" means liquid waste resulting from processes employed in industrial, manufacturing, trade or business establishments, and does not include domestic waste of such establishments.
(r) "Lateral" means a tap made to the public sewer when said sewer is originally installed, for the purposes of enabling future sewer connections to be made.
(s) "Licensee" means a person to whom a sewer builder's license is issued.
(t) "MG/L" means milligrams per liter.
(u) "NEORSD" means the Northeast Ohio Regional Sewer District, formerly known as the Cleveland Regional Sewer District.
(v) "NPDES Permit" means the National Pollutant Discharge Elimination System permit issued by the U.S. Environmental Protection Agency specifying effluent quality for treatment plants discharging into surface waters.
(w) "Permittee" means a person to whom a sewer connection permit is issued.
(x) "Person" means the state, any political subdivision, public or private corporation, partnership, firm, association, individual or entity.
(y) "PH" means the logarithm of the reciprocal of the concentration of hydrogen ions in gram equivalents per liter.
(z) "Pretreatment" means the application of physical, chemical, and/or biological processes to wastewater to reduce the amount of pollutants in or alter the nature of the pollutant properties of the wastewater prior to its discharge into a public sewer.
(aa) "Public Sewer" means a sewer which is owned and/or controlled by a governmental entity.
(bb) "Roadway" means that portion of a street which is used for vehicular travel.
(cc) "Sanitary Sewer" means a sewer which carries domestic waste, industrial waste, and minor quantities of unintentionally admitted storm, surface or ground water.
(dd) "Sewer" means a pipe or conduit, other than a sewer connection, which is located in the street and carries wastewater.
(ee) "Sewer Connection" means that portion of a building sewer which connects with the privately owned portion of a building sewer at the property line, and carries discharge to a public sewer.
(ff) "Sewer Connection Permit" means a permit issued by the City which authorizes the permittee to install, extend, maintain or repair a sewer connection or a portion thereof.
(gg) "Sewer Service Charge" means the total sewer charge assigned to each user, which charge consists of a user charge and a capital financing charge.
(hh) "Sewer System" means the network of sewers within the City's corporate boundaries, which are owned by or are under the jurisdiction of the City.
(ii) "Storm Sewer" means a sewer which carries storm, surface or ground water, including cooling water and unpolluted industrial process water, but excluding wastewater and industrial waste.
(jj) "Storm Water" means water which is a part of the flow which occurs during or immediately after any natural precipitation and which results therefrom.
(kk) "Street" means the entire width between the boundary lines of every way dedicated to the public use as a thoroughfare for the purpose of vehicular and pedestrian travel.
(ll) "Surcharge" means a charge added to the sewer service charge to cover operation and maintenance costs incurred in the treatment of extra-strength wastes.
(mm) "Suspended Solids" means suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.
(nn) "Unpolluted Industrial Process Water" means water used in industrial or manufacturing processes which is sufficiently free of pollutants to qualify for an NPDES permit.
(oo) "User" means a user of the sewer system.
(pp) "User Charge" means that portion of the total sewer charge assigned to each user to defray the user's proportionate share of the cost of operation, maintenance and replacement of the sewer system.
(qq) "Wastewater" means a combination of water-borne waste from residences, commercial buildings, industrial facilities, and institutions, and such ground, surface, or storm water as may be present.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
All sewer connections within the street shall be under the jurisdiction and control of the Director.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) That portion of a sewer connection which extends from the public sewer to approximately one foot beyond the existing or proposed curb line of the roadway may be installed originally by a licensed sewer builder or by the Division of Water Pollution Control. In either case, installation shall be at the expense of the property owner whose premises are drained by the sewer connection under rules and regulations promulgated by the Commissioner. The cost of any work performed by the Division of Water Pollution Control shall be under Section 543.03 of the Codified Ordinances.
(b) Once installed, the portion of a sewer connection described in division (a) of this section shall be maintained by the Division of Water Pollution Control.
(c) That portion of a sewer connection which extends from approximately one foot beyond the existing or proposed curb line of the roadway to the property line shall be installed and maintained by a licensed sewer builder at the expense of the property owner whose premises are drained by the sewer connection, and under rules and regulations promulgated by the Commissioner. On application by the sewer builder, the City shall furnish the information as it possesses relative to the location and depth of the sewer connection at the existing or proposed curb line of the roadway. The City shall not guarantee the correctness of the information, and shall not be liable for any error arising from the information.
(Ord. No. 779-06, § 2. Passed 6-5-06, eff. 6-9-06)
(a) No person shall install, extend, maintain, or repair any sewer connection or do any related work without first obtaining a sewer builder's license from the Commissioner of Assessments and Licenses.
(b) Before issuing a sewer builder's license, each applicant shall pay a license fee of fifty dollars ($50.00) and shall submit to the Commissioner of Assessments and Licenses an application on the form containing:
(1) A certificate satisfactory to and signed by the Commissioner of Water Pollution Control that the applicant agrees to comply with the Codified Ordinances and any rules and regulations promulgated by the Director or the Commissioner under this chapter;
(2) For each applicant who has never been licensed and bonded as a sewer builder, and for each sewer builder who has failed to renew his license and bond for a period of one year or more, a certificate signed by at least two reputable sewer builders to the effect that the applicant is known to them to be qualified to perform the work of a sewer builder; and
(3) A bond in the amount of five thousand dollars ($5,000.00) with a surety company authorized to write surety bonds in the State. The bond shall be acceptable in form and content to the Director of Law, and shall state:
A. That the licensee indemnifies and holds harmless the City from any and all loss, injury, or damage caused by, related to, or resulting from the want of care, skill, or attention on the part of himself or of anyone in his employ, in the prosecution, protection, or completion of any work, or by reason of any opening made, caused, or permitted to be made by him or by anyone in his employ, or by the placing of any material in any street;
B. That the licensee will employ only experienced pipe layers to lay any pipe or drain;
C. That the licensee will reimburse the City for replacing and restoring the street pavement and earth over any opening made by him;
D. That the licensee's operations and work shall conform in all respects to the Codified Ordinances and any and all rules and regulations which are now in existence or may from time to time be promulgated by the Division of Water Pollution Control and the Division of Streets; and
E. That if the Licensee performs all of his obligations under the license and bond, the surety's obligation shall cease, but if the City is unable to obtain satisfaction of any of the licensee's obligations under the license and bond, the City may look to the surety for satisfaction.
(c) No sewer builder's license shall be issued until the Commissioner of Assessments and Licenses has received the application and payment required by division (b) of this section, and has approved the applicant's bond.
(d) The sewer builder's license shall state the name of the licensee, firm name if any, address of the licensee's place of business, and date of issue. The license shall be signed by the Commissioner of Assessments and Licenses, and shall be valid until the 31st day of December in an even-numbered year after it is issued, unless it is revoked before that date under division (f) of this section.
(e) No licensed sewer builder shall allow his name to be used to obtain any permit for the prosecution of any sewer connection work, or allow anyone in his employ to do the work unless the licensee, or one of his regularly employed foremen is personally at the location of the work to superintend and direct the work.
(f) If the Commissioner determines that a licensee has violated any of the provisions of this chapter or any rules, regulations or orders of the Division of Water Pollution Control or the Division of Streets, the Commissioner may revoke that person's license under Section 541.97.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) No person shall make any tap to any sewer, repair or remove any sewer connection, or make any excavation therefor without first obtaining from the Commissioner a separate sewer connection permit for each such tap or connection.
(b) When a sewer connection or a portion thereof is in place, and the application for a sewer connection permit contemplates installation, extension or maintenance of that portion of the sewer connection which extends from one foot beyond the existing or proposed curb line of the roadway to the property line, the sewer builder may commence his work only after obtaining a sewer builder's license, a sewer connection permit, and the permit required by the Division of Streets pursuant to Section 3115.18.
(c) When the application for a sewer connection permit contemplates the installation of any portion of the connection which extends from the public sewer to one foot beyond the existing or proposed curb line of the roadway, the sewer builder may commence his work only after obtaining a sewer builder's license, a sewer connection permit, and the street openings permit required by the Department of Public Service pursuant to Section 503.01.
(d) Each applicant for a sewer connection permit shall submit to the Commissioner the following:
(1) An application on the prescribed form containing:
A. A complete and intelligible sketch and specifications showing the existing or proposed sewer, sewer connection or plumbing and the location and character of the work, all in detail;
B. A schedule of all fixtures, taps, and branches for future sewer connections;
C. A statement, signed by the owner for whose benefit the sewer connection is to be made, that said owner and each succeeding owner shall, in consideration of the privilege thereby granted, hold harmless the City for any and all loss, injury or damage that may in any way result from or be caused by the work contemplated by issuance of the permit; and
D. Any other information which the City may require in order to determine the acceptability of the probable discharge from the proposed sewer connection.
(2) A sewer connection fee in an amount determined by the Director and approved by the Board of Control.
(e) Sewer connection permits shall be issued only to licensed sewer builders; shall designate the street and number of the house and sublot upon which the sewer connection is to be made; and shall include a description of the premises upon which the sewer connection is to be made sufficient to clearly define the location thereof. The sewer connection permit shall be valid for a period of thirty (30) days from the date of issuance, unless revoked prior to that date pursuant to division (j) of this section.
(f) All permits required by divisions (a), (b) and (c) of this section shall be kept at the site of the work at all times while the work is in progress.
(g) No sewer connection permit shall be issued for any sewer connection which could result in a downstream flow in excess of the capacity of the downstream facilities.
(h) Whenever a property owner proposes installation of a sewer connection which would drain more than one lot, the sewer connection permit application shall give the correct dimensions and description of each of the several lots which are intended to be drained by the sewer connection. In such a case, no sewer connection permit shall be issued for any lot unless and until the property owner has paid to the City that proportion of the sewer improvement assessment which is attributable to all of the several lots.
(i) No person who has installed or performed any work on a sewer connection pursuant to division (b) of this section shall relay any sidewalk or portion thereof without first obtaining the permit required by the Department of Public Service pursuant to Section 505.04.
(j) If the Commissioner determines that a permittee has violated any of the provisions of this chapter or any rules, regulations or orders of the Division of Water Pollution Control, the Commissioner shall revoke that person's sewer connection permit pursuant to Section 541.97.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) All piping used in the installation of sewers or sewer connections shall be of the best quality socket pipe of a kind acceptable to the Commissioner. No pipe smaller than six inches (6″) in diameter shall be used for any sewer connection.
(b) All sewers and sewer connections shall be designed and installed in accordance with the City Building Code and the latest edition of "Design and Construction of Sanitary and Storm Sewers," prepared by the Joint Committee of the American Society of Civil Engineers and the Water Pollution Control Federation.
(c) Each portion of a sewer connection shall be laid in as direct and straight a line as ground conditions permit from the public sewer to the property line of the premises to be drained. All pipes shall be laid by the use of a spirit level to a grade of not less than one (1) foot per one hundred (100) feet. The best Portland cement and clean sand shall be placed in and around each joint so that all joints are watertight.
(d) All openings made by a licensed sewer builder within the street for the purpose of laying sewers or sewer connections shall be done in an open trench. All paving material, flagging, curb and ballasting shall be carefully removed and preserved. After the connection is properly laid, the trench shall be backfilled in accordance with rules and regulations of the Division of Streets. Paving materials, flagging and curb shall be replaced by the City at the property owner's expense.
(e) All openings and obstructions in any street shall be carefully guarded and protected at all times, and during the night time shall be defined by colored lights. Every other precaution necessary to guard against accidents shall be taken. At all times the work shall be done in a manner that causes the least inconvenience to property owners and the general public.
(f) Whenever Council by resolution orders the paving or repaving of any street following installation of a sewer, the Director of Finance shall notify the abutting property owners, in writing, to make such sewer and water connections as he may designate within a time specified in the notice. If the required connections are not made within the time specified, the Director shall cause them to be made and shall obtain reimbursement through the use of a special assessment against abutting property owners. Nothing in this section shall be construed to require abutting property owners to make any payment other than the original cost of constructing sewer and water connections as provided in Section 541.03(a).
(g) Nothing in this chapter shall prevent any licensed sewer builder from installing laterals as part of any contract work approved by and being performed under the inspection of the City.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
No unacceptable discharge or obstruction of any kind shall be placed, thrown or deposited in any catch basin. No person shall break, remove, or cause to be broken or removed any portion of any catch basin, manhole, sewer or appurtenance, or obstruct in any way the inlet or outlet of any public sewer.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) No person shall discharge or cause to be discharged into any sanitary sewer any storm, surface or ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process water.
(b) Storm, surface or ground water, roof runoff and subsurface drainage shall be discharged to storm sewers or combined sewers, or when approved in writing by the Commissioner, to a natural watercourse, or as authorized in division (b) of Section 3133.05 of the Codified Ordinances.
(c) Any person who has received an NPDES permit and written approval from the Commissioner may discharge cooling water and/or unpolluted industrial process water into a storm sewer, a combined sewer or a natural watercourse.
(Ord. No. 1767-07. Passed 4-21-08, eff. 4-28-08)
(a) A sewer inspector, designated by the Commissioner, shall inspect all new sewers and sewer connections. The sewer builder shall request such an inspection at least six (6) hours on a regular business day before the sewer inspection is desired. The sewer builder shall uncover any work that has been covered, and shall afford the inspector the opportunity to inspect both the interior and the exterior of the pipe.
(b) The Commissioner shall be the final judge of the quality and acceptability of all sewer materials, workmanship and work, and shall have the right to inspect the same at all times.
(c) The Commissioner shall have free access to all buildings and fixtures therein which are a part of the building's drainage system for the purpose of inspecting such fixtures, and may take samples of any wastes entering the building drain therefrom. The Commissioner, in his sole discretion, may require users to install control manholes to facilitate the sampling, measurement and observation of wastes discharged into the sewer system.
(d) The actual tapping of a sewer connection to the public sewer shall be done only in the presence of an authorized Water Pollution Control inspector.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) Every permittee who installs, extends, maintains or repairs a sewer connection shall guarantee that the work performed by him will remain in good condition for a period of one (1) year following the inspection required by division (a) of Section 541.09
(b) If at any time during the one (1) year guarantee period, the Commissioner finds defects or omissions in the permittee's work, or finds that the work is not in accordance with the provisions of this chapter or requires repairs for causes which are attributable to the permittee's work, all as determined by the Commissioner, the Commissioner shall notify the permittee to rectify the defects or omissions, or to make the necessary repairs.
(c) If the permittee fails to begin the rectification or repair within five (5) days from the date he receives notice pursuant to division (b) of this section, the Commissioner may cause the rectification or repair to be effected at the permittee's expense.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) No person shall discharge or cause or allow to be discharged into the sewer system any wastewater, materials, or substances which are hereby deemed to be unacceptable, including without limitation those which have been determined by the Commissioner to:
(1) Constitute a hazard to life and limb of personnel engaged in inspection, maintenance, or operation of the system or to persons who may come in contact with discharges from the sewer system;
(2) Constitute or create a public health hazard;
(3) Contain properties which may be detrimental to the functional integrity or operation of sewers or pumping stations, or which are in any way deleterious to any part of the sewer system;
(4) Produce excessive odors or in any other way constitute or create a public nuisance;
(5) Be in violation of any rule or regulation for sewer use adopted by the NEORSD, Cuyahoga County or any other agency responsible for sewers, pumping stations, or other system components into which the wastewater is discharged;
(6) Cause the City to incur unreasonable expense in the handling or treatment thereof;
(7) Be of such a volume or be discharged at such a rate as to exceed the capacity of any part of the sewer system;
(8) Directly or indirectly cause water pollution in violation of any permit conditions or State or Federal regulations; or
(9) Contain concentrations of any toxic or deleterious material or substance which are prohibited or are in excess of limits set thereon by other provisions of this Chapter.
(b) No person shall discharge or cause or allow to be discharged into the sewer system any wastewater which is hereby deemed by the Commissioner to constitute an unacceptable discharge because it contains any of the following:
(1) Liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient, either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system. Materials of this nature include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
Discharges of this nature must be monitored to ensure that the Lower Explosive Limit (L.E.L.) of the explosion hazard meter located at the point of discharge into the sewer system is never exceeded by five percent (5%) in any two successive readings or by ten percent (10%) in any single reading;
(2) Gaseous, liquid or solid substances which when discharged into the sewer system may alone or by interaction with other substances interefere with any wastewater treatment process, constitute a hazard to human beings or animals, inhibit aquatic life, create a hazard to recreation in the receiving waters or the effluent from the wastewater treatment plant or create a hazard as defined in the federal Clean Water Act;
(3) Construction materials, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, plastic, wood, paunch manure, bones, hair, hides or fleshings, grass clippings, wastepaper, or any solid or viscous substance capable of causing obstruction to the flow in sewers or of otherwise interfering with the proper operation of the sewer system;
(4) Water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or which contains substances which may solidify or become viscous at temperatures between 1° C and 65° C at the point of discharge into the system;
(5) Water, waste or steam with a temperature in excess of 65° C (150° F);
(6) Water or waste having a PH lower than 5.5 or higher than 10.0 or which may cause corrosion or deterioration of the system. Materials of this nature include, but are not limited to, acids, alkalies, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products;
(7) Water or waste containing total cyanide in excess of five (5) mg/l or containing "readily releasable cyanide" (cyanide released at a temperature of 65° C (150° F) and PH of 2.5) in excess of two (2) mg/l;
(8) Radioactive wastes or isotopes of such half-life or concentration that they violate regulations or orders issued by the authority having control over their use and/or may cause damage or hazards to the sewer system, human beings or animals;
(9) Solids, liquids, or gases which, either alone or by interaction with other substances in the sewer system, are capable of producing objectionable odors or colors or which may otherwise constitute or create a public nuisance;
(10) Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the sewer system with no particle greater than one-half (1/2) inch in any dimension;
(11) Wastewater flow rates which exceed the design capacity of any component of the sewer system; or
(12) Water which increases the hydraulic load on the sewer system, including but not limited to cooling, storm, surface, subsurface, drainage, swimming pool or other relatively unpolluted water.
(c) Nothing in this section shall be construed to prevent any agreement or arrangement between the City or the NEORSD and any user of the sewer system whereby the user may deposit unacceptable discharges into said system for special treatment subject to applicable payments or surcharges over and above any surcharges for transportation to and treatment in the NEORSD system.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) If wastewater containing any of the unacceptable substances described in Section 541.11 of this chapter is discharged or proposed to be discharged into the sewer system of the City or into any sewer system tributary thereto, the Commissioner may:
(1) Prohibit the continued or proposed discharge of such wastewater;
(2) Require the discharger to implement on-site modifications to reduce or eliminate the discharge of such substances in conformity with this chapter;
(3) Require pretreatment or the creation of storage facilities for flow equalization to render the discharge acceptable;
(4) Where applicable, require the installation of grease, oil or sand interceptors; or
(5) Take such other remedial action as the Commissioner deems desirable or necessary to achieve the purposes of this chapter.
(b) Any person whose discharge is determined to be unacceptable within the meaning of this chapter or of the NEORSD Sewer Use Code may apply to the Commissioner for permission to render such discharge acceptable by pretreatment. The Commissioner may approve pretreatment which complies with all requirements and conditions of this chapter and the NEORSD Sewer Use Code.
(c) Where the Commissioner requires pretreatment or equalization of wastewater flows:
(1) Plans, specifications and other pertinent data or information relating to pretreatment or flow equalization facilities required under division (a)(3) of this section shall be submitted to the Commissioner for review and approval prior to their implementation. No subsequent alterations or additions to such facilities shall be made without prior notice to and approval of the Commissioner. Notwithstanding any approval by the Commissioner, discharges from such facilities must comply with applicable codes, ordinances, rules, regulations or orders of all governmental authorities having jurisdiction over unacceptable discharges.
(2) Pretreatment and flow equalization facilities shall be maintained in good working order and operated efficiently by the owner at his own expense, and shall comply with the requirements of this chapter and all other applicable codes, ordinances, laws, rules and regulations. If for any reason, a facility does not or cannot comply with any provision of this chapter, the owner or person responsible for the facility shall immediately notify the Commissioner so that action may be taken to protect persons, property and the sewer system.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) The Division of Water Pollution Control is authorized to enter upon private property, with the permission of the owner of such property, for the purpose of snaking sewer connections of six inches (6″) or less in size to locate blockages within the City's sewer system. Snaking of sewer connections may be performed by the City from an existing test tee or by digging an opening one foot (1′) beyond the existing or proposed curb line of the roadway.
If the blockage is in the main sewer or between the main sewer and a point one foot (1′) beyond the existing or proposed curb line of the roadway, repairs shall be made by the Division of Water Pollution Control. If the blockage is between the building and such point one foot (1′) beyond the existing or proposed curb line of the roadway, the Division of Water Pollution Control shall advise the owner to engage a licensed and bonded sewer builder to make the necessary repairs.
(b) Where there is no existing test tee, the Division of Water Pollution Control is authorized to install a test tee at the opening one foot (1′) beyond the existing or proposed curb line of the roadway for the purpose of future inspections.
(c) The Director of Public Utilities shall make and enforce such regulations as he may deem necessary for the implementation and management of the work authorized by this Section. Such regulations, when published in the City Record, shall have the same force and effect as ordinances of the City.
(d) That the Director of the Department of Public Utilities be and he is hereby authorized and directed to make annually a written requirement contract in accordance with the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for the necessary items of material and labor to snake existing sewer test tees, and to install test tees where none exist, to be purchased by the Commissioner of Purchases and Supplies upon a unit basis for the Division of Water Pollution Control, Department of Public Utilities. Bids shall be taken in such manner as to permit an award to be made for all items as a single contract, or by separate contract for each or any combination of said items as the Board of Control shall determine.
The cost of said contract or contracts shall be charged against the proper appropriation account and the Director of Finance shall certify thereon the amount of the initial purchase thereunder, which purchase, together with subsequent purchases, shall be made on order of the Commissioner of Purchases and Supplies pursuant to a requisition against such contract duly certified by the Director of Finance.
(Ord. No. 643-90. Passed 6-11-90, eff. 6-14-90)
(a) Whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning sewer connections, the Commissioner may issue a written order to remedy the violation. The order shall state the nature of the violation and shall provide that all work shall cease on the sewer connection which is the subject of the order until the violation has been remedied at the sewer builder's expense, which remedy must be effected within twenty-four (24) hours after receipt of the order.
(b) If a violation is not remedied within the time period specified in division (a) of this section, the Commissioner may order revocation of the sewer builder's license and the sewer connection permit of the person who is charged with the violation (the "person charged") and may cause the violation to be remedied at the expense of the person charged.
(c) In the event that a violation is remedied after the time period specified in division (a) of this section, and the person charged desires to continue his work, he must reapply for the license and permits required by Section 541.04 and Section 541.05.
(d) Appeals of persons adversely affected by the order of the Commissioner issued pursuant to division (b) of this section shall be heard and decided by the Board of Zoning Appeals in accordance with the following procedures:
(1) A notice of the hearing shall be served personally on the parties by registered or certified mail at least seven (7) days before the hearing;
(2) The Board shall commence to hear the merits of an appeal within thirty (30) days of the filing of an appeal;
(3) The Board shall render a decision within ten (10) days of the date of the hearing, which decision may affirm or disaffirm the order from which the appeal has been taken;
(4) If the Board affirms the order of the Commissioner, the person charged may reapply for the license and permits required by Section 541.04 and Section 541.05, and if the Commissioner has not caused the remedy of the violation which was the subject of his order under division (a) of this section, the person charged must remedy said violation before continuing any work under his license and permits;
(5) If the Board disaffirms the order of the Commissioner, the sewer builder's license and sewer connection permit shall be restored to the person charged.
(e) Except where the Board of Zoning Appeals has disaffirmed the order of the Commissioner, any person who violates the provisions of this chapter concerning sewer connections shall pay all expenses incurred and damages resulting from the violation.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) For the purpose of administration of this chapter, the Commissioner shall, at all times, have free access to the premises of any user of the sewer system, and to the premises of any person reasonably believed by the Commissioner to be a user or potential user of the sewer system. Such access may be for the purpose of inspection, observation, measurement and/or testing. The Commissioner shall reasonably protect and treat as confidential any trade secrets or proprietary information which it obtains from such entry.
(b) Nothing in this chapter shall be construed to restrict or in any way limit the jurisdiction of the NEORSD or any other governmental authority having jurisdiction over sewers, sewer connections or unacceptable discharges.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)
(a) Whenever the Commissioner finds that any person has violated or is violating any provision of this chapter concerning unacceptable discharges, he shall order in writing that the violation cease immediately, shall terminate water service to the premises where the violation occurred, and shall fine the person charged five hundred dollars ($500.00) for each offense plus all expenses incurred and damages resulting from the violation.
(b) Each day or portion thereof on or during which a violation occurs or continues shall constitute a separate offense.
(Ord. No. 1439-86. Passed 9-15-86, eff. 9-17-86)