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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 33

SEWER AND SEWAGE CODE



SANITATION AND MAINTENANCE SERVICE

SECTION A.

Sewer Permit Required. No person shall make any connection with any public sewer, either directly or indirectly, without first having obtained the proper permit and paid the required fee.

Application for Permit. An application for a permit to connect to any sewer, inside the corporate limits of the Reservation, must be made in writing by the owner, who must state the location of the property to be served, the lot and block numbers, also for what purposes the premises to be served will be used. After application has been approved by the Sanitation Maintenance Service, a permit will be .issued upon payment for each connection to be made either directly or indirectly with the Sanitation Maintenance Service Sewer System.

No person except a Master Plumber or a Pipe layer shall be permitted to make the connection or do any work in the streets or alleys.

If it is found necessary to tap a sewer at any other place that where a "Y" has been placed, the Sanitation and Maintenance Manager must be notified and the break into or tap must be made under the supervision of the authorized Sanitation Maintenance Service Representative. No sewer work shall be covered until it has been inspected and approved by the authorized Sanitation Maintenance Service Representative.

Returns. All Master Plumbers and Pipe layers shall, within forty-eight (48) hours after making a connection with a sewer, make a return to the Sanitation Maintenance Service Office, certifying thereon that the connection covered by the permit was made according to Sanitation Maintenance Service ordinances, and show the exact location (as-built drawing) of the connection, also the size, length and location of the service. The Sanitation Maintenance Service may refuse to approve any more connection permits for any person who has failed to make a return within forty-eight (48) hours for any previous water tap or sewer connection.

Sewer Connections at Owner's Expense. All sewer connections from the public sewer to the user's property shall be laid and constructed by a Master Plumber or Pipe layer, and the Sanitation and Maintenance Service shall not be responsible for any expense in connection therewith.

Owner's Duty To Maintain Private Sewer Lines and House Connections . If any person shall fail to properly maintain a private sewer line or any house service sewer line, the supply of water may be shut off from the premises served as provided for in the Water Code.

Sewer Tampering. No person shall open any manhole or catch basin along any sewer without prior authorization from the Sanitation Maintenance Service.

CHAPTER II

SECTION B . DISCHARGE OF INDUSTRIAL WASTES INTO PUBLIC SEWER SYSTEM

Definitions. For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

Bod - such terms denoting biochemical oxygen demand, shall mean the quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees centigrade. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods for Examination of Water and Sewage" , published by the American Public Health Association .

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

Ground Garbage - shall mean the waste from the preparation, cooking, and dispensing of foods that has been comminuted to such degree that all particles will be carried freely in suspension under conditions normally prevailing in public

sewers, with no particle greater than one-half inch in any dimension.

IDOD - such terms, denoting immediate dissolved oxygen demand shall mean the immediate oxygen demand of a polluted liquid or the apparent BOD for fifteen minutes at twenty degrees centigrade. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods for Examination of Water and Sewage", published by the American Public Health Association.

Industrial Waste - shall mean any solid, liquid or gaseous substance or form of energy rejected or escaping from an industrial, manufacturing trade, or business process or from the development, recovery, or processing of natural resources.

Natural Outlet - shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water.

pH - shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expression in moles per liter and indicates the degree of acidity or alkalinity of a substance.

Public Sewer - shall mean a common sewer controlled by public authority.

Receiving Stream - shall mean that body of water, stream or water course receiving the waters discharged from the sewage treatment pond or the watercourse formed by the effluent from the sewage treatment pond.

Sanitary Sewer - shall mean a sewer that carried sewage or industrial wastes and to which storm, surface or ground waters or unpolluted wastes are not intentionally admitted.

Sewage - shall mean the water-carried human, animal and household waste in a community or private drain. Such term may include ground water infiltration, surface draining and industrial wastes .

Sewage Treatment Works - shall meaty the arrangement of devices and structures for treating sewage, industrial waste and sludge.

Sewage Works - shall mean all facilities for collecting, pumping, treating, and disposing of sewage; namely the sewage system and the sewage treatment works.

Sewer - shall mean a pipe or conduit for carrying sewage or other waste liquids.

Sewage System - shall mean the network of sewers and appurtenances for the collection, transportation, and pumping of sewage and industrial wastes.

Sludge - shall mean any discharge of water, sewage or waste exceeding a concentration or flow greater than five times that of the average twenty-four hour discharge from the person, which is discharged continuously for a period longer than fifteen minutes.

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 filtration.

Unpolluted - such terms shall mean unaffected by sewage or industrial wastes.

Pretreatment of Industrial Wastes - where required, in the opinion of the Sanitation Maintenance Service, the owner shall provide, at his own expense such preliminary treatment or handling as may be necessary to:

(a) Reduce BOD to 300 ppm, IDOD to 100 ppm and suspended solids to 350 ppm.

(b) Modify the objectionable characteristics or constituents to come within the maximum limits provided for in the preceding paragraph.

(c) Control the quantities and rates of discharge of such waters or wastes over a twenty-four hour day and a seven day week.

Plans, specifications and any other pertinent information relating to proposed preliminary treatment or handling facilities shall be submitted for the approval of the Sanitation Maintenance Service. No construction of such facilities shall be commenced until approval is obtained.

Discharge of Wastes - Generally. Except as provided in this Chapter, no person shall discharge or cause to be discharged any of the following described wastes or waters into any public sewer.

(a) Any liquid or vapor having a temperature higher than one hundred and forty (140) degrees Fahrenheit.

(b) Any water or waste containing more than 100 ppm by weight of fats, oils or greases.

(c) Any liquids, solids, or gasses which by reason of their nature or quality may cause fire or explosion or be in any other way injurious to persons, to the sewage work structures or to the operation of these works.

(d) Any noxious or malodorous gas or other substances which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance and repairs.

(e) Any garbage that has not been comminuted or shredded.

(f) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, bones, feathers, tires, plastic, wood, paunch, manure, butchers offal or any other solids or viscous substance capable of causing interference with the proper operation of the sewage system or the sewage treatment works.

(g) Any water or waste having a pH lower than 6.5 or higher than 9.5 or having any corrosive property capable of causing damage or hazards to structures, equipment of personnel of the sewage works.

(h) Any water or waste containing any toxic substances in quantities sufficient to interfere with the biochemical processes of the sewage treatment works or that will pass through the sewage treatment works and exceed the state or interstate requirements for the receiving stream.

(i) Any water or waste that contains cyanide in excess of a concentration determined by multiplying 9.2 ppm by the reaction of the average flow in the receiving stream to the design flow of the sewage treatment works.

(j) Any water or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(k) Any toxic radioactive isotopes, without special permit.

(1) Any water or waste that contains fluoride in excess of a concentration determined by multiplying 1.2 ppm by the ratio of the average flow in the receiving stream to the design flow of the sewage treatment works.

Regulations - Generally. The following regulations shall govern admission of industrial wastes to the sewage works:

(a) Interceptors - Required. Grease, oil, and sand interceptors and dilution tanks shall be provided when, in the opinion of the Sanitation Maintenance Service they are necessary for the proper handling of liquid wastes containing a grease in excessive amounts or any flammable wastes, sand and other harmful ingredients, except that such interceptors or tanks shall not be required for private living quarters or dwelling units.

(b) Same - Type, capacity, and location. All interceptors shall be of a type and capacity approved by the Sanitation Maintenance Service and shall be located under cover and so as to be readily and easily accessible for cleaning and inspection. Interceptors shall not be located so as to receive rainwater or unpolluted runoff.

(c) Same - Construction of grease and oil interceptors. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place shall be gastight and watertight.

(d) Same - Maintenance. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Interceptors shall be cleaned at least once a week.

(e) Maintenance of preliminary treatment facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(f) Manholes. When required by the Sanitation Maintenance Service, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole on the building sewer to facilitate observation and sampling of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Sanitation Maintenance Service. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

(g) Tests and analyses. All tests and analyses of the characteristics of waters and wastes shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage" (line not legible) . . . . . . . . . . . . and at the control provided for in the preceding subsection or upon suitable samples taken at such control manhole.

Separability. Except as may otherwise expressly be provided in this Title, all powers and authorities conferred by this Chapter shall be cumulative and additional to, and not in derogation of, any powers and authorities otherwise existing. Notwithstanding any other evidences of intent, it is hereby declared to be the controlling intent of the governing body of the Tribal Council that if any provisions of this Chapter of the application thereof to any persons or circumstances, shall be adjudged by any Court of competent jurisdiction to the invalid, such judgment shall not effect, impair, or invalidate the remainder of this Ordinance, Title, or Chapter, but shall be confined in its operation to the provisions of the particular Ordinance Section or subsection thereof; or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.

Penalty. Any person, firm, or corporation violating any provision of this Chapter shall be punished by a fine not less than one dollar ($1.00) nor more than one hundred dollars ($100.00), or by imprisonment in jail for not more than thirty (30) days, or by both such fine and imprisonment; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

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