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
               and sewage.
      
          I.   "Sanitary Sewer" shall mean a sewer which carries sewage and to     
               which storm, surface, and ground waters are not intentionally
               admitted.

      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
          line.
      
      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
          Village.
      
      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
          discharge.
      
      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
             sewer system;
      
             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
          month.       -
      
          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
          paid.
      
      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
      repealed.
      
      
      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.