VILLAGE OF SOUTH POINT, OHIO
SEWER USE ORDINANCE
ORDINANCE NO. 78-14
An Ordinance Providing For The Rules, Regulations, and Conditions
of Service of the Village of South Point, Lawrence County, Ohio,
Extended Sanitary Sewerage System; Repealing Ordinance 152-A
And Declaring an Emergency.
WHEREAS, the Village of South Point, Lawrence County, Ohio, hereinafter
called municipality, has undertaken to construct an extended sanitary sewer-
age system; and
WHEREAS, the municipality is financing the acquisition of the extended
sanitary sewerage system pursuant to Bond Ordinance adopted January 13, 1977,
and has adopted a schedule of rates and charges by a Rate Ordinance 78-13
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of South
Point, Lawrence County, Ohio, as follows:
SECTION I - DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of
terms used in this Ordinance shall be as follows:
A. "Sewer District" shall mean the South Point Sewer District of
Lawrence County, Ohio, as established and designated by the Board
of County Commissioners of Lawrence County, Ohio, on the 2nd day
of August, 1974.
B. "Sewage Works" shall mean all facilities for collecting, pumping,
treating, and disposing of sewage.
C. "Superintendent" shall mean the Board of Trustees of Public Affairs
of the Village of South Point, Ohio.
D. "Inspector" shall mean any person or persons duly authorized by the
Superintendent to inspect and approve the installation of building
sewers and their connection to the public sewer system.
E. "Sewage" shall mean a combination of the water carried wastes from
residences, business buildings, institutions, and industrial es-
tablishments, together with such ground, surface, and storm waters
as may be present.
F. "Sewer" shall mean a pipe or conduit for carrying sewage.
G. "Public Sewer" shall mean a sewer in which all owners of abutting
properties have equal rights and is controlled by public authority.
H. "Combined Sewer" shall mean a sewer receiving both surface runoff
I. "Sanitary Sewer" shall mean a sewer which carries sewage and to
which storm, surface, and ground waters are not intentionally
J. "Industrial Wastes" shall mean the liquid wastes from industrial
processes as distinct from sanitary sewage.
K. "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
feet outside the inner face of the building wall.
L. "Building Sewer" shall mean the extension from the building drain
to the public sewer or other place of disposal.
N. "Person" shall mean any individual, firm, company, association,
society, corporation, or group.
N. "Shall" is mandatory; "May" is permissive.
0. "Biochemical Oxygen Demand", (BOD), is the quantity of oxygen
used in the biochemical oxidation of organic matter in a speci-
fied time, at a specified temperature, and under specified con-
ditions. A standard test used in assessing wastewater strength.
P. "Suspended Solids", (SS), shall mean solids that either float on
the surface of, or are in suspension in water or wastewater and
which are largely removable by laboratory filtering.
Q. "Natural Pollution Discharge Elimination System", (NPDES), was
established by PL 92-500 as the enforcement mechanism for achiev-
ing water quality standards. The permit to discharge is regulated
by the NPDES as established by 40 CFR 125 and published in Federal
Register Volume 38, Number 98, May 22, 1973.
R. "Storm Sewer" shall mean a sewer which is intended for storm or
surface water only and in which sewage water is not permitted.
S. "Sanitary Sewage" or "normal domestic sewage" shall be defined as
that waste from a residence, business building, institution, or
industrial building which is primarily human waste but may include
wastewater introduced from other domestic sources such as sinks,
bathtubs, washing machines, etc. The quality limitation for sani-
tary sewage has been established at 250 mg/i BOD5 and 300 mg/l SS
at the point of discharge into the sanitary sewer. Commercial
wastewater from office buildings and small businesses shall be
permitted to include water from cleaning and minor processes.
T. "Residential" shall mean a single dwelling which is place of
residence for a single family or a single dwelling which is a
place of residence for two single families, eg., a duplex. In
the case of multiple dwelling units, the residential classification
is applied to dwelling units in groups of two or fraction thereof.
U. "Commercial" shall mean a dwelling used for other than residential
occupancy. This shall include small businesses, institutions,
office facilities of industrial plants, etc.
V. "User Charge" shall mean a charge levied on users of the sewage
works for the cost of operation and maintenance of such works
pursuant to Section 204(b).of PL 92-500.
W. "Industrial" shall mean any non-governmental user of publicly
owned sewage works identified in the Standard Industrial Classi-
fication (SIC) Manual, 1972, Office of Management and Budget, as
amended and supplemented.
X. "Maintenance shall mean the act of keeping existing structures and
equipment in a state of repair so that operations proceed as intended.
Y. "Operation" shall mean the performing of work pertaining to the daily
procedures of the sewage treatment works.
SECTION II - USE OF PUBLIC SEWERS REQUIRED
A. It shall be unlawful for any person to place, deposit, or permit
to be deposited in an unsanitary manner upon public or private
property within the Village of South Point, Ohio, or in any area
under jurisdiction of the Sewer District, any human or animal
excrement, garbage, or other objectionable waste which ordinarily
would be regarded as sewage or industrial wastes.
B. It shall be unlawful to discharge to any natural outlet within
said Village, or in any area under the jurisdiction of said Sewer
District, any sanitary sewage, industrial waste, or other polluted
waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this Ordinance.
C. Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or
other facilities 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 Village or within any area under the jurisdiction of
the Sewer District and abutting any street, alley, or right-of-way
in which there is now located or may in the future be located a
public sewer or combined sewer of the Village, 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 Ordinance within thirty
(30) days after date of official notice to do so, provided that
said public sewer is within one hundred (100') feet of the property
E. The Village shall install and maintain at its expense that portion
of the service from the main to the lot or easement line, and the
customer shall install and maintain at its expense that portion of
the service from said lot or easement line to his premises. The
size and slope of the building sewers shall be subject to the
approval of the authorized personnel of the Village, but in no
event shall the diameter be less than four (4") inches. Whenever
possible, the building sewer shall be brought to the building at an
elevation below the basement floor.
SECTION III - PUBLIC SEWAGE DISPOSAL
A. Where a public sanitary or combined sewer is not available under
the provisions of Section II-D, the building sewer shall be connected
to a private sewage disposal system complying with all requirements
of the local Board of Health.
B. At such times as a public sewer becomes available to a property
served by a sewage disposal system as provided in Section II-D, a
direct connection shall be made to the public sewer in compliance
with this Ordinance, and any septic tanks, cesspools and similar
private sewage disposal facilities shall be abandoned.
C. The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times at no expense to the
D. No statement contained in this article shall be construed to
interfere with any additional requirements that may be imposed by
any agency, department or office of any governmental unit having
jurisdiction of sanitary sewerage conditions of the Village.
SECTION IV - BUILDING SEWERS AND CONNECTIONS
A. No unauthorized person shall uncover, make any connections with
or opening into, use, alter, or disturb any public sewer or
appurtenances thereof, without first obtaining a written permit
from the Superintendent. Before a permit may be issued for ex-
cavating for plumbing in any public street, way or alley, the
person applying for such permit shall have executed unto the
Village of South Point and deposited with the Village Treasurer
a corporate surety in the sum of $100.00 conditioned that he
will perform faithfully all work with due care and skill,
established under the authority or any ordinances of the Village
of South Point pertaining to plumbing. This bond shall state
that the person will indemnify and save harmless the Village of
South Point and the owner of the premises against all damages,
costs, expenses, outlays and claims of every nature and kind
arising out of unskillfulness or negligence on his part in
connection with plumbing or excavating for plumbing as prescribed
in this Ordinance. Such bond shall remain in force and must be
executed for a period of two years except that on such expiration,
it shall remain in force as to all penalties, claims and demands
that may have accrued thereunder prior to such expiration.
B. There shall be two (2) classes of building sewer permits:
(1) for sanitary sewage, and (2) for service to establish-
ments producing industrial waste. In either case, the owner
or his agent shall make application on a special form
supplemented by any plans, specifications, or other infor-
mation considered. pertinent in the judgment of the inspector.
The Superintendent shall have the right to refuse new
connections to the sewer lines should there be a lack of
sufficient capacity in all downstream facilities. The
inspector shall determine capacity of the facilities and
report to the Superintendent. A permit and inspection fee
of Five Dollars ($5.00) for a residential or commercial
building sewer permit and Twenty-Five Dollars ($25.00) for
an industrial establishment sewer permit to be paid to the
Village Treasurer at the time the application is filed.
These charges shall be in addition to any tar-in charge mi-
posed by Ordinance No. 78-13 adopted 5-2-1978.
C. All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner. The owner or
the person installing the building sewer for said owner shall in-
demnify said Village of South Point from any loss or damage that
may directly or indirectly be occasioned by said installation.
D. 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 construed to the site through an adjoining alley, court, yard,
or driveway, the building sewer from the front building may be ex-
tended to the rear building and the whole considered as one build-
ing sewer. Other exceptions will be allowed only by special
permission granted by the Superintendent.
E. Old building sewer or portions thereof may be used in connection
with new buildings only when they are found on examination and test
by the said inspector to meet all requirements of this Ordinance.
F. The building sewer shall be constructed of either Vitrified Clay
Sewer Pipe and Fittings meeting the current A.S.T.M. Specifications
for Standard or Extra Strength Clay Sewer Pipe, Asbestos Cement,
plastic P.V.C. Pipe and Fittings meeting the current A.S.T.M.
Specifications, Extra Heavy Cast Iron Soil Pipe meeting the current
A.S.T.M. Specifications or the Department of Commerce Commercial
Standards for Extra Heavy Cast Iron Soil Pipe and Fittings or
Concrete Sewer Pipe and Fittings meeting the current A.S.T.M.
Specifications for Standard or Extra Strength Concrete Sewer
Pipe. If installed in filled or unstable ground, the building
sewer shall be of cast iron soil pipe, except that verified clay
pipe or concrete pipe, may be accepted if laid on a suitable
improved bed or cradle as approved by said inspector.
G. All joint and connections shall be made gas tight and water
tight. Vitrified clay sewer pipe shall be fitted with factor
made Resilient Compression Joints meeting the A.S.T.N.
Specifications for Vitrified Clay Pipe Joints Having Resilient
Properties" (Designation C425). Concrete sewer pipe joints
shall be of the rubber ring, flexible compression type, similar
and equal to joint specified for vitrified clay pipe.
Before joining the pipe in the trench, the bell and spigot sur-
faces shall be wiped free of dirt or other foreign matter. A
lubricant or sealer as recommended by the pipe manufacturer
shall be applied to the bell and spigot mating surfaces just
before they are joined together. The spigot end shall be
positioned into the bell end of the pipe previously laid and
shall then be shoved home to compress the joint and to assure
a tight fit between the interfaces. Joint for cast iron soil
pipe shall be made by inserting a roll of hemp or jute and
thoroughly caulking it into place and then following with pure
molten lead well caulked, not less than one inch deep. No
paint, varnish or putty will be allowed in the joints until they
have been tested and approved. Joints for cast iron soil pipe
may also be of an acceptable compression type.
Asbestos-Cement pipe joints shall be made with sleeves and
rubber sealing rings. Plastic P.V.C. pipe joints shall be made
with sleeves and/or rubber sealing rings.
H. The size and slope of the building sewers shall be subject to
the approval of the said inspector, but in no event shall the
diameter be less than four (4") inches for residential build-
ings and six (6") inches for commercial buildings. The slope
of such four (4") inch and six (6") inch pipe shall not be less
than one-eighth (1/8") inch per foot. A slope of one-fourth
inch per foot shall be used wherever practical.
I. Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. The depth
shall be sufficient to afford protection from frost. All ex-
cavations required for the installation of a building sewer shall
be open trench work unless otherwise approved by the said in-
spector. Pipe laying and backfill shall be performed in accordance
with A.S.T.M. Specification (Designation Cl2) except that no back-
fill shall be placed until the work has been inspected by the
inspector or his representative.
J. In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by
such drains shall be lifted by approved artificial means and
discharged to the building sewer. No water operated sewage
ejector shall be used.
K. The connection of the building sewer into the public sewer
shall be made at the "Y" branch designated for that property,
if such branch is available at a suitable location. Any connection
not made at the designated "Y" branch in the main sewer shall be
made only as directed by the said inspector.
L. The applicant for the building sewer shall notify the said in-
spector when the building sewer is ready for inspection and
connection to the public sewer. The connection shall be made
under the supervision of the said inspector or his representative.
N. All excavations for building sewer installation shall be
adequately guarded with barricades and lights so as to pro-
tect the public from hazard. Streets, sidewalks, parkways
and other public property disturbed in the course of the
work shall be restored in manner satisfactory to the said
Village of South Point.
N. The Village shall in no event be held responsible for claim
made against it by reason of the breaking of any mains or
service pipes or by reason of any other interruption of the
service caused by the breaking of machinery or stoppage for
necessary repairs; and no person shall be entitled to damages
nor have any portion of a payment refunded for any interruption.
0. The premises receiving sanitary sewer service shall at all
reasonable hours be subject to inspection by duly authorized
personnel of the Village.
SECTION V USE OF THE PUBLIC SEWERS
A. No person shall discharge or cause to be discharged any storm
water, surface water, ground water, roof runoff, subsurface
drainage, cooling water or unpolluted industrial process
waters to any sanitary sewer.
B. No person shall discharge or cause to be discharged to any
public sewer, any harmful waters or wastes, whether liquid,
solid, or gas, capable of causing obstruction to the flow
in sewers, damage or hazard to structures, equipment and
personnel of the sewage works or other interference with
the proper operation of the sewage works or which may cause
the Village to violate the requirements of its NPDES Permit.
If it is determined that substances are being discharged
into the sewage works that are harmful or that inhibit the
normal operation of the sewage works, then the Superintendent
shall have the authority to prohibit the continuance of such
discharge and assess the party determined to be responsible
for such discharge for any expenses incurred because of the
C. Applications may be cancelled and/or sewer service dis-
continued by the Village for any violation of any rule,
regulation or condition of service, and especially for any
of the following reasons:
1. Misrepresentation in the application as to the
property or fixtures to be serviced by the sanitary
2. Non-payment of bills; and
3. Improper or imperfect service pipes and fixtures
or failure to keep same in suitable state of repair.
D. The admission into the public sewers of any waters or wastes
having harmful or objectionable characteristics shall be subject
to the review and approval of the Superintendent who may prescribe
limits on the strength and character of these waters or wastes.
Where necessary in the opinion of the Superintendent, the Owner
shall provide at his expense, such pretreatment as may be
necessary to treat these wastes prior to discharge to the public
sewer. Any pretreatment required shall be consistent with the
requirements of 40 CFR 128, entitled "Pretreatment Standards"
published in the Federal Register dated November 8, 1975, or
any subsequent State or Federal regulation which shall require
pretreatment. Plans, specifications and any other pertinent
information relating to proposed preliminary treatment facilities
shall be submitted for the approval of the~ said Superintendent
and no construction of such facilities shall be commenced until
said approval is obtained in writing. Where preliminary treat-
ment facilities are provided for any waters or wastes, there
shall be maintained continuously in satisfactory and effective
operation by the Owner at his expense.
E. When required by the Superintendent, the Owner of any property
served by a building sewer carrying other than sanitary sewage
shall install and maintain at his expense a suitable control
manhole in the building sewer to facilitate observation, sam-
pling and measurement of the wastes. All measurements, tests,
and analysis of the characteristics of waters and wastes shall
be determined in accordance with 40 CFR 136 entitled "Guidelines
Establishing Test Procedures for Analysis of Pollutants" as
published in the Federal Register dated October 16, 1973, and
shall be determined at the control manhole 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.
F. Grease, oil, and sand interceptors shall be provided when, in
the opinion of the said inspector, they are necessary for the
proper handling of liquid wastes containing grease in excessive
amount or any flammable wastes, sand, and other harmful ingredients
except that such interceptor shall not be required for private
living quarters or dwelling units. Where installed, they shall
be maintained by the owner at his expense in continuously efficient
operation at all times.
G. In addition to the sates established by Ordinance No. 78-13
dated 5-2-1978 , the Superintendent is authorized to
surcharge any customer whose discharge has either excessive
volume or strength which results in increased treatment costs
to the Village. The Superintendent shall be responsible for
determining when the flow or strength is excessive.
H. The Superintendent shall be allowed to contract with any customer
for the purposes of establishing volume, and strength limitations
and in order to establish a contract period. Contracts may be
required when excessive volume or strength is anticipated, or as
determined by the Superintendent.
SECTION VI - PROTECTION FROM DAMAGE
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 South Point extended
sewage works. Any person violating this provision shall be subject
to immediate arrest under charge of disorderly conduct.
SECTION VII - POWERS AND AUTHORITY OF INSPECTORS
The Superintendent, inspector, and other duly authorized employees
of the Village of South Point, bearing proper credentials and identifi-
cation shall be permitted to enter upon all properties for the purpose
of inspection, observation, measurement, sampling and testing, in
accordance with the provisions of this Ordinance.
SECTION VIII - PENALTIES
A. Bills and notices relating to the conduct of the business of the
Village will be mailed to the customer at the address listed on
the application, unless a change of address has been filed in
writing at the business office of the Superintendent; and the
Superintendent shall not otherwise be responsible for delivery of
any bill or notice, nor will the customer be excused from nonpay-
ment of a bill or from any performance required in said notice.
B. Bills for sewer service are due and payable at the business office
of the Village or to any designated agent on their date of issue.
The past due date shall be the tenth (lOth) day of the month
after the period of service. Bills will be dated and mailed each
All bills not paid on or before the past due date shall be termed
delinquent, and the Village shall serve on the customer a written
final notice of said delinquency. If a delinquent bill is not
paid within thirty (30) days after date due, the water and/or
sewer service to the user will be subject to discontinuance, or
other measures as state law will allow.
C. Where the water and/or sewer service supplied to a customer
has been discontinued for nonpayment of delinquent bill, the
Superintendent reserves the right to request a nominal sum be
placed on deposit with the Village for the purpose of establish-.
ing or maintaining any customer's credit. The reconnection will
not be made until after all delinquent bills and other charges,
if any, owed by the customer to the Superintendent have been
D. The Superintendent shall make all reasonable efforts to elimi-
nate interruption of service, and when such interruption occurs
will endeavor to reestablish service with the shortest possible
delay. Whenever the service is interrupted for purpose of work-
ing on the collection system or the treatment equipment, all
consumers affected by such interruption will be notified in
advance whenever it is possible to do so.
E. Any violation of the rules and regulations after written notice
to cease and desist shall constitute misdemeanors.
F. Any person found to be violating any provision of this Ordinance,
except Section VI, shall be served by the Village or its Superin-
tendent 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 cease all violations.
G. Any person who shall continue any violation beyond the time limit
provided for in Section VIII-A, shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined in an amount of no
less than Ten Dollars ($10.00) and not more than One Hundred
Dollars ($100.00) for each violation. Each day in which any such
violation shall continue shall be deemed a separate offense.
H. Any person violating any of the provisions of this Ordinance
shall become liable to the Village of South Point for any expense,
loss or damage occasioned the Village of South Point by reason
of such violation.
SECTION IX - VALIDITY
All Ordinances or parts of Ordinances in conflict herewith are hereby
SECTION X - ORDINANCE IN FORCE
This Ordinance is hereby declared to be an emergency measure necessary
for the peace, health, safety and welfare of the inhabitants of the
Village of South Point, and for the further reason that it is immediately
necessary to place these measures in effect in order to complete the
financing of the construction of the extended sanitary sewerage facili-
ties, and this Ordinance shall be in full force and effect upon its
adoption and approval by the Mayor.
PASSED AND ADOPTED by the Council of the Village of South Point,
Ohio, on May 2, 1978, and approved by the Mayor on
May 2 ,1978.