Chapter 154 — Utilities

Sec. 154-2. Functions and duties of the office of water treatment and reclamation.

Editor’s note—Ord. No. 2016-40(16-O-1568), § 1, adopted Nov. 16, 2016, amended only the title of § 154-2 to read as herein set out. Former § 154-2, pertained to functions and duties of the bureau of wastewater treatment and collection.

Sec. 154-3. Functions and duties of the office of watershed protection.

The functions and duties of the office of watershed protection shall include:

Sec. 154-4. Functions and duties of the office of engineering services.

The functions and duties of the office of engineering services shall include:

Editor’s note—Ord. No. 2016-40(16-O-1568), § 3, adopted Nov. 16, 2016, amended only the title of § 154-4 to read as herein set out. Former § 154-4, pertained to functions and duties of the bureau of engineering services.

Sec. 154-5. Functions and duties of the office of linear infrastructure operations.

The functions and duties of the office of linear infrastructure operations shall include:

Editor’s note—Ord. No. 2016-40(16-O-1568), § 4, adopted Nov. 16, 2016, amended only the title of § 154-5 to read as herein set out. Former § 154-5, pertained to additional qualifications of head of the bureau of drinking water; functions and duties of bureau of drinking water.

Sec. 154-6. Functions and duties of the office of customer care and billing services.

The functions and duties of the office of customer care and billing services shall include:

Note—Formerly § 154-1.

Sec. 154-7. Functions and duties of the office of the commissioner of watershed management.

The functions and duties of the office of the commissioner of watershed management shall include:

Sec. 154-8. Functions and duties of the office of financial administration.

The functions and duties of the office of financial administration shall include:

Sec. 154-9. Reserved.

Editor’s note—Ord. No. 2012-46(12-O-1316), § 8, adopted October 24, 2012, effective July 1, 2012, repealed § 154-9, which pertained to functions and duties of the bureau of financial administration. See also the Code Comparative Table.

Sec. 154-10. Reserved.

Editor’s note—Ord. No. 2012-46(12-O-1316), § 9, adopted October 24, 2012, effective July 1, 2012, repealed § 154-10, which pertained to functions and duties of the bureau of program performance. See also the Code Comparative Table.

Secs. 154-11—154-25. Reserved.

ARTICLE II. WATER AND SEWER BILLING AND ADJUSTMENT PROCEDURES*

Sec. 154-26. Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings defined in this section, except where the context clearly indicates a different meaning:

*Editor’s note—Ord. No. 2021-62(21-O-0883), § 1, adopted Dec. 15, 2021, repealed the former Art. II, §§ 154-26—15431, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Code 1977, §§ 9-4070, 9-4072.1, 9-4084, 9-4085, 9-4086; Ord. No. 1996-62, adopted Aug. 26, 1996; Ord. No. 1998-87, §§ 4, 5, adopted Dec. 10, 1998; Ord. No. 2001-97, §§ 1, 2, adopted Dec. 11, 2001; Ord. No. 2006-53, §§ 4—10, adopted Aug. 29, 2006; Ord. No. 2007-39(07-O-0956), §§ 11—14, adopted June 26, 2007; Ord. No. 2010-70(10-O-1914), §§ 11—14, adopted Dec. 15, 2010; Ord. No. 2011-01(10-O-2116), §§ 1, 2, adopted Jan. 27, 2011; Ord. No. 2011-02(10-O-2117), § 1, adopted Jan. 27, 2011; Ord. No. 2011-03(10-O-2118), § 1, adopted Jan. 27, 2011; Ord. No. 2011-25(11-O-0850), § 1, adopted June 29, 2011; Ord. No. 2017-26(17-O-1213), §§ 1, 2, adopted May 15, 2017; Ord. No. 2020-44(20-O-1430), § 1, adopted Aug. 12, 2020.

(8.1) Department error means one of the following types of error made by the department:

(8.2) Department error credit means an adjustment to the water or sewer bill in an amount not to exceed 30 percent of the total amount of the bills eligible for adjustment.

Sec. 154-27. Water and sewer appeals board.

Sec. 154-28. Adjustments.

Sec. 154-29. Adjustment process.

Sec. 154-30. Right of appeal.

Sec. 154-31. Judicial review.

The city or customer may appeal the board's determination by filing an appropriate action in the relevant superior court within the time provided for in title 5 of the O.C.G.A; provided, however, that all administrative remedies and processes shall be exhausted before an action may be filed in superior court. (Ord. No. 2021-62(21-O-0883), § 1, 12-15-21, eff. 3-1-22; Ord. No. 2026-01(26-O-1000), § 1, 1-2926)

Secs. 154-32—154-50. Reserved.

ARTICLE III. WATER* DIVISION 1. GENERALLY

Sec. 154-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Department means the City of Atlanta Department of Watershed Management which has responsibility for the administration, monitoring, and management of the city water system and capital improvements thereof.

Company means the private firm(s) authorized to operate, maintain and manage the city water system by the operations and maintenance agreement of water system.

Excess bill when meter leak existed means the amount of water consumption based on six months' normal usage.

Owner means a person who owns real property or the person's employee or agent.

Premises includes land and all types of structures thereon.

System includes all real and personal property of the City of Atlanta used by the department of water for the purification and distribution of water.

Tenant means any person other than the owner who has possession or the right of possession of real property. (Code 1977, § 9-4001; Ord. No. 1998-87, § 6, 12-10-98; Ord. No. 2006-53, § 13, 8-29-06)

Cross reference—Definitions generally, § 1-2.

*Charter reference—Department of water, app. IV, § 54.

Cross reference—Water pollution, § 74-167. Land development code reference—Plumbing code, § 8-2141 et seq.; water service impact fees, § 19-2001 et seq. State law references—Specific grant of constitutional authority relative to water systems, Ga. Const. art. IX, § II, ¶ III(a)(7); acquisition of water systems, O.C.G.A. § 36-34-5.

Sec. 154-52. Right of entry; penalties for interference.

Sec. 154-53. Administration of department of water; establishment of rules and regulations.

To assist in the successful performance of the functions and services enumerated in this article, there shall also be established a set of rules and regulations. The commissioner of the department of watershed management shall, subject to the direction and supervision of the mayor, be responsible for administering and directing the affairs and operations of the department of watershed management and shall be responsible for the establishment of such rules and regulations as the commissioner of the department of watershed management deems necessary to suc-cessfully perform the operations and responsibilities of the department of watershed management. (Code 1977, § 9-4014; Ord. No. 1998-87, § 8, 12-10-98; Ord. No. 2006-53, § 15, 8-29-06)

Sec. 154-55. Supplying water for swimming and other pools.

Sec. 154-56. Preparation and implementation of capital improvement program.

The head of the bureau of drinking water shall, prepare as called for by the Charter, a proposed capital improvement program for the department of watershed management and shall implement any such program upon the approval of financing by the council. (Code 1977, § 9-4009; Ord. No. 2002-71, § 57[2], 9-16-02; Ord. No. 2003-83, § 8, 7-29-03; Ord. No. 2006-53, § 17, 8-29-06)

Sec. 154-57. Acquiring and maintaining watershed.

The commissioner of the department of watershed management shall recommend to the council the acquisition by the city of those lands which comprise the watershed from which water to be supplied is gathered. Any lands so acquired shall be administered by the commissioner of the department of watershed management to prevent the pollution thereof. (Code 1977, § 9-4005; Ord. No. 2006-53, § 18, 8-29-06)

Sec. 154-58. Reserved.

Sec. 154-59. Authority to prohibit waste of water.

The commissioner of the department of watershed management or the commissioner's designated representatives shall have the power to take whatever reasonable and lawful steps are necessary to prevent the unlawful use or waste of water. (Code 1977, § 9-4012; Ord. No. 1998-87, § 11, 2-10-98; Ord. No. 2006-53, § 19, 8-29-06)

Secs. 154-60—154-62. Reserved.

Sec. 154-63. Turning off water for violation.

Upon the discovery of the violation of any section of this Code or other ordinance regulating the use of water or any rule regulating that use, the commissioner of the department of watershed management shall discontinue water service to the person who committed such violation and to the property owned, occupied or controlled by such person. The commissioner of the department of watershed management in all such instances, except those described in section 154-170 and other instances that may pose an imminent threat to the public health and safety, shall give such person three days prior notice of the intention to discontinue the water service during which period of time the person shall be entitled to appeal to the designated agent regarding the propriety of the proposed action. (Code 1977, § 9-4040; Ord. No. 1998-87, § 15, 12-10-98; Ord. No. 2006-53, § 20, 8-29-06)

Sec. 154-64. Turning off water for emergency or necessity.

The commissioner of the department of watershed management or the officers or employees thereof may turn off the supply of water from any pipe or water main in an emergency or for repairs or extensions as necessity may require. Reasonable notice shall be given when practicable; however, neither the city, nor their officers and employees shall be held liable for any damage for turning off the water as provided in this section or for insufficient supply of water. (Code 1977, § 9-4013; Ord. No. 1998-87, § 16, 12-10-98; Ord. No. 2006-53, § 21, 8-29-06)

Sec. 154-65. Extension of water system beyond city limits.

The water system may be extended beyond the territorial boundaries of the city pursuant to such terms as the mayor, with the approval of the council, may establish. The commissioner of the department of watershed management shall be responsible for the administration and direction of that part of the city water system lying outside the territorial boundaries of the city and shall prepare rules and regulations necessary for the efficient and successful operation. (Code 1977, § 9-4016; Ord. No. 2006-53, § 22, 8-29-06)

Sec. 154-66. Cross-connection control/ backflow prevention program;

enforcement.

Acceptable entry conditions means the conditions which must exist in a permitted space to allow entry and to ensure that employees involved with a permit-required confined space entry can safely enter into and work with the space.

Approved is used in reference to a water supply that has been approved by the commissioner or his/her designee. As herein used in reference to air-gap separation, double check valve assembly or other backflow prevention assemblies or methods, the term "approved" shall mean as allowed or sanctioned by the Southern Plumbing Code.

Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water.

Backflow prevention assembly (approved) means an assembly that has been investigated and approved by a state or federal regulatory agency, used to prevent backflow into a potable water system, based on the degree of hazard either existing or potential.

Backpressure means an elevation of pressure in the downstream piping system above the supply pressure at the point of consideration which would cause or tend to cause a reversal of the normal direction of flow through the backflow prevention assembly.

Backsiphonage means a form of backflow due to a reduction in system pressure which causes a negative or sub-atmospheric pressure to exist at a site in the water system.

Consumer means the owner of private industries or operator of a private water system or residence, receiving service from the Atlanta Water System.

Containment means the total isolation of a facility with a potential hazard from the public water supply system commensurate with the degree of hazard.

Contamination means an impairment of the quality of the water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste.

Cross-connection means any unprotected actual or potential connection or structural arrangement between a public, or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied.

Degree of hazard shall be derived from the evaluation of conditions within the Atlanta Water System which can be classified as either a pollutant (nonhealth) or a contaminant (health) hazard.

Health hazard means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system that would be a danger to health.

Owner means any person who or entity which has legal title to, or license to operate or habitate in, a property upon which a crossconnection inspection is to be made or upon which a cross-connection is present.

Permit means a document issued by the department of watershed management which allows the use of a backflow preventer.

Pollution means an impairment of the quality of the water to a degree which does not create a hazard to the public health but which does adversely and unreasonable affect the aesthetic qualities of such waters for domestic use.

Purveyor means water supplier.

Service connection means the point of delivery of water to a premises, the normal location of the meter. It is the end of the water purveyor's jurisdiction and the beginning of the consumer's responsibility.

Sec. 154-67. Authority to design, install, extend and inspect water pipes and mains and to charge the cost thereof to property owners, developers or contractors; authority to approve the design and installation of water pipes and mains by private developers and authority to charge inspection and other fees.

_________________________________________________________________________________________________

Sec. 154-67.1. Rates associated with private water main and fire hydrant installation.

RATES ASSOCIATED WITH PRIVATE WATER MAIN AND FIRE HYDRANT INSTALLATION TABLE OF COSTS PER 500 FEET (MINIMUM) LENGTH OF PIPE TO BE INSTALLED FROM MAIN COCK TO MAIN COCK:

Water Main Size Review Inspection & Testing Chlorination Engineering & Documentation Total 8" $1,590.00 955.00 285.00 320.00 3,150.00 12" $2,170.00 1,300.00 500.00 435.00 4,405.00 16" $2,515.00 1,510.00 640.00 505.00 5,170.00 20" $3,950.00 2,370.00 850.00 790.00 7,960.00 24" $4,415.00 2,650.00 1,135.00 885.00 9,085.00 TABLE OF COSTS PER 500 FEET (MINIMUM) LENGTH OF PIPE TO BE INSTALLED FROM MAIN COCK TO FIRE HYDRANT:

Water Main Size Review Inspection & Testing Chlorination Engineering & Documentation Total 8" $1,590.00 955.00 215.00 320.00 3,080.00 12" $2,170.00 1,300.00 320.00 435.00 4,225.00 16" $2,515.00 1,510.00 465.00 505.00 4,995.00 20" $3,950.00 2,370.00 640.00 790.00 7,750.00 24" $4,415.00 2,650.00 815.00 885.00 8,765.00

Sec. 154-68. Water meter charges; location and sizes of water meters in new construction.

Sec. 154-69. Charges and penalty for turning off water, plugging service or removing meter.

Sec. 154-70. Using water through unauthorized connection.

Sec. 154-71. Effect of fraudulent representation or unauthorized use of water.

If the supply of water shall have been turned on to any premises and afterwards it shall be found that false representation has been made by the applicant or that water is being used in or upon the premises for purposes not set forth in the application made for the water supply to the premises, the water shall be turned off and shall remain turned off until all unauthorized use of water has been stopped and any sum of money determined due for that use has been paid to the city. (Code 1977, § 9-4073; Ord. No. 1998-87, § 21, 12-10-98)

Sec. 154-72. Obstructing or damaging meters or devices.

It shall be unlawful to obstruct, damage or hide any water meter, proportional register or any water indicating or recording device so that the inspector or meter reader or other employee of the department of watershed management cannot find or reach the meter or device. The property owner and/or occupants where such activity has been identified shall be subject to the penalty set forth in section 1-8 of the Code of Ordinances, as may be amended from time to time. (Code 1977, § 9-4032; Ord. No. 1998-87, § 22, 12-10-98; Ord. No. 2006-53, § 28, 8-29-06)

Sec. 154-73. Water use restrictions.

Sec. 154-73.1. Purpose and intent.

Sec. 154-73.2. Definitions.

Sec. 154-73.3. Predrought mitigation strategies and drought response strategies.

Sec. 154-73.4. Exemptions.

The following commercial outdoor water uses are exempt from the outdoor water use restrictions contained herein:

Sec. 154-73.5. Authority to restrict water usage to avoid or relieve a local water shortage, or during emergency conditions.

Sec. 154-73.6. Enforcement, penalties for violation and termination of service.

Sec. 154-73.7. Rulemaking authority.

The commissioner is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of this division. All such rules and policies shall be consistent with the provisions of this ordinance and O.C.G.A. §§ 12-5-7(a)(1) and 12-5-7(a)(2) and shall also be provided to the Atlanta City Council. (Ord. No. 2007-39(07-O-0956), § 9, 6-26-07; Ord. No. 2010-70(10-O-1914), § 9, 12-15-10)

Sec. 154-73.8. Severability.

If any provision, clause, sentence or paragraph of this ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this ordinance which can be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are hereby declared to be severable. (Ord. No. 2007-39(07-O-0956), § 10, 6-26-07; Ord. No. 2010-70(10-O-1914), § 10, 12-15-10)

Sec. 154-74. Outdoor water requirements for large landscapes.

Sec. 154-74.1. Purpose.

The purpose of this article is to reduce discretionary outdoor water use and avoid wasting water by adopting more efficient irrigation system design requirements. (Ord. No. 2018-66(18-O-1712), § 2, 12-12-18)

Sec. 154-74.2. Definitions.

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Flow sensor means an inline device installed at or near the supply point of the landscape irrigation system that produces a repeatable signal proportional to flow rate.

Landscape irrigation system means an assembly of component parts that is permanently installed for the controlled distribution of water to irrigate landscapes.

Landscape means ground cover, trees, shrubs, and other plants.

Large landscape means the landscape areas associated with a development (excluding singlefamily homes) served by one or more landscape irrigation systems where all irrigated areas added together total more than one acre (or 43,560 square feet).

Master shut-off valve is an automatic valve such as a gate valve, ball valve, or butterfly valve) capable of being automatically closed by the WaterSense controller. When this valve is closed water will not be supplied to the landscape irrigation system.

Rain sensor shut-off means an electric device that detects and measures rainfall amounts and overrides the cycle of a landscape irrigation system so as to turn off such system when a predetermined amount of rain has fallen.

WaterSense controller means weather-based irrigation controllers labeled under the U.S. Environmental Protection Agency's WaterSense program, which includes standalone controllers, add-on devices, and plug-in devices that use current weather data as a basis for scheduling irrigation.0 (Ord. No. 2018-66(18-O-1712), § 3, 12-12-18)

Sec. 154-74.3. Avoiding water waste through design.

All landscape irrigation systems shall be designed, installed, maintained, and operated to prevent runoff from leaving the target landscape due to low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. This requirement helps ensure compliance with, and is in addition to, the department of watershed management's more general prohibitions against water waste. (Ord. No. 2018-66(18-O-1712), § 4, 12-12-18)

Sec. 154-74.4. Large landscape irrigation system requirements.

Sec. 154-74.5. Compliance self-certifications for 11 and larger service connections.

As a condition of selling a new water meter or irrigation meter for any new service connection of one inch or larger, the purchaser of such meter shall submit a certification of compliance along with any other required paperwork and project information as may be required by the department of watershed management.

Secs. 154-75—154-78. Reserved.

Sec. 154-79. Reserved.

Editor’s note—Ord. No. 2006-53, § 29, approved Aug. 29, 2006, repealed § 154-79 in its entirety. Formerly, said section pertained to supplying water for swimming and other pools and derived from Code 1977, § 9-4064.

Secs. 154-80—154-90. Reserved.

DIVISION 2. FIRE HYDRANTS*

Sec. 154-91. Installation of detector meter or fire line meter on private unmetered fire service systems having fire hydrants.

[d] Standby charge. The regular monthly fire service standby charge shall be continued for fire service installations having a detector meter. The commissioner of the department of watershed management may bill factory mutual fire line meters at metered rates. (Code 1977, § 9-4079; Ord. No. 1998-87, § 29, 12-10-98; Ord. No. 2005-01, § 3, 1-10-05; Ord. No. 2006-53, § 30, 8-29-06)

*Cross references—Fire prevention and protection, ch. 78; obstructing fireplugs, § 78-61.

Sec. 154-92. Connections for fire service and water meters.

Sec. 154-93. Possession of key to fire hydrant.

Sec. 154-94. Use and misuse of fire hydrants.

The retail cost for water used will be the rate in effect.

Secs. 154-95, 154-96. Reserved.

Sec. 154-97. Charges for use.

Secs. 154-98—154-110. Reserved.

Sec. 154-111. Authority to fix water rates.

Water rates are hereby waived by 30 percent for domestic customers, aged 65 and older, with a maximum household income of $25,000.00 or less. (Code 1977, § 9-4002; Ord. No. 1998-87, § 35, 12-10-98; Ord. No. 2001-99, § 1, 12-11-01; Ord. No. 2004-01, §§ 1, 3, 1-9-04; Ord. No. 2004-05, § 1, 1-5-04; Ord. No. 2006-53, § 34, 8-29-06)

Sec. 154-112. Established.

The rates and charges for city water service shall be as established by the city.

Water rates are hereby waived by 30 percent for domestic customers, aged 65 and older, with a maximum household income of $25,000.00 or less. (Code 1977, § 9-4061; Ord. No. 2001-99, § 1, 12-11-01; Ord. No. 2004-01, §§ 1, 3, 1-9-04; Ord. No. 2004-05, § 1, 1-5-04)

Sec. 154-113. Charges for water connections and setting meters.

The charges for making water connections and setting meters inside and outside the city shall be fixed by ordinance. (Code 1977, § 9-4065)

Sec. 154-114. Deposits for water service.

Meter Size (inches)

Deposit 3/4 1 to 2 3 to 4 6 to 8 10 to 12 $ 80.00 140.00 300.00 500.00 1,200.00

Editor’s note—It should be noted that all unclaimed deposits will be handled in accordance with applicable local and state law.

Sec. 154-114.1. Establishment of water service.

The commissioner may require proof of identity of each applicant and occupancy information sufficient to establish the identity of the consumer of water and sewer services. In addition, the commissioner may require tenant and/or property ownership information on each property served at the time of application regardless of whether the property owner is the occupant or consumer. No new account shall be established for customers with delinquent charges on any account in the name of such customers or for customers on any partial payment plan agreement until such charges are paid. (Code 1977, § 9-4004.1)

Sec. 154-115. Residential customers served through single meter.

Use of sub-meters in multifamily or mixed use structures containing residential units and residential customers served through a single meter during construction.

Sec. 154-115.1. Charge for notification of termination of service to residents of multiple dwelling units.

Whenever it is necessary for the commissioner or designee to notify the residents of multiple dwelling units of pending termination of services due to nonpayment of water and sewer bills, a charge of $1.00 per dwelling unit will be assessed against the account in order to recover the associated costs incurred by the department. (Code 1977, § 9-4082.1)

Sec. 154-116. Installation of separate water meters for individual units of groups of single-family dwellings.

Sec. 154-117. Charges made to trailer parks.

All water service charges made to trailer parks shall be uniform and shall be charged at the regular city water system rate on a one-unit basis for the amount of water used. (Code 1977, § 9-4066)

Sec. 154-118. Water and wastewater systems security surcharge.

Sec. 154-119. Temporary use of water by contractors and others.

Sec. 154-120. Nonpayment of bills.

The department of watershed management and the treasury division of the department of finance will develop written policies and procedures for the billing, collection and cut-off procedures for the provision for water and sewer services. The policies and procedures developed must contain at least the following provisions:

Editor’s note—The last sentence of subsection (a) has been editorially revised so as to be consistent with O.C.G.A. § 30-60-17, which reads as follows:

Secs. 154-121—154-129. Reserved.

Sec. 154-130. Care and conserve program.

Further, the City of Atlanta finds that all of the foregoing enhance the City of Atlanta's ability to operate the drinking water and wastewater system in an economical manner and on a revenueproducing basis and are reasonably incurred in connection with the operation and maintenance of such system and will result in the combined benefits of providing assurance of the availability of service to all customers, enabling ratepayers to remain connected throughout particularly challenging periods, and enhancing water use efficiency among low-income households.

Further, the City of Atlanta finds that it is a national standard practice to fund conservation and affordability programs by combining system revenues (or receivable reductions) and local charitable contributions to fund program expenditures. Therefore, implementation of such programs will further the efficient and economical operation of the drinking water and wastewater system and are necessary expenses of operation and maintenance. Any benefit which may inure to private citizens in connection with or as a byproduct of the provision of these services is merely incidental to fulfilling the paramount public purposes served by such programs. When sufficient funds exist, system revenues may be utilized in part to fund conservation and affordability programs.

Secs. 154-131—154-140. Reserved.

ARTICLE IV. SEWER CONSTRUCTION AND ASSESSMENTS* DIVISION 1. GENERALLY

Sec. 154-141. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appurtenances means structures, devices and appliances, other than pipe or conduit, which are integral parts of sewer systems, such as manholes, catchbasins, drop inlets, headwalls, etc.

*Cross reference—Special assessments, ch. 134. Land development code reference—Wastewater service impact fees, § 9-3001 et seq. State law references—Specific grant of constitutional authority relative to stormwater and sewage collection and disposal systems, Ga. Const. art. IX, § II, ¶ III(a)(6); acquisition and construction of sewer systems, O.C.G.A. § 36-34-5.

Combined sewer means a sewer which carries both surface runoff and sewage.

Commissioner means the commissioner of public works or the designated representative of the commissioner of public works.

Contractor means the party performing work under this article.

Cover means the vertical distance in feet and inches from the finished surface to the top of pipe.

Culverts means that system of pipe and appurtenances necessary to convey water across roadways or other obstacles, as distinguished from a full system of storm sewers.

Discharge means the quantitative outflow of water in million gallons per day, cubic feet per second or other volumetric flow rate from a pipe, channel, structure or drainage area.

Domestic sewage means the water-carried waste products discharged from residences or commercial or business establishments, as distinguished from industrial waste.

Dry sewers means sewer works provided but not yet in use due to no fault of the city.

Effluent means the outflow of drainage water from a pipe, channel, structure or drainage area.

Engineer means the owner's or developer's professional engineer registered in the state.

Fill means any material that was placed by humans and not naturally deposited or any earth or other material, compacted or not compacted, that does not exhibit the characteristics of natural soils about it with regard to weight, density or erosion resistance.

Floodplain high water means that elevation accepted by the commissioner as the anticipated flood level of a 100-year flood in the drainage area concerned.

High water means that water elevation established by the commissioner as the estimated flood level of a reoccurrence interval established for particular types of development.

House building sewer means the portion of the sewer line connecting the building or house to the city sewer.

House connection means the extension of the house building sewer from the property line to the city sewer lateral in a city street.

Improved channel means provisions made to stabilize stormwater ditches by the installation of city standard riprap or reinforced concrete or as directed by the commissioner.

Industrial waste means the water-carried waste products resulting from a process of industry, manufacture or business or from the development of any natural resource.

Inspector means the authorized representative of the commissioner and who is responsible for enforcement of this article.

Live sewers means those pipes and appurtenances conveying sewage or industrial wastes.

Private sewer means a sewer located on private property not serving the community at large and for which the city does not have an executed and recorded easement for the purpose of providing city maintenance.

Public sewer means a sewer serving a city facility or located on city property or located within a legally executed and recorded easement for providing maintenance of the sewer.

Pumping facilities means those facilities designed and constructed to pump sewage or industrial waste from one elevation to another.

Runoff means that quantity of water generated by rainfall within a given area which moves across the land surface as flowing water.

Sanitary sewer means a sewer which carries sewage and from which stormwaters, surface waters and groundwaters are excluded.

Sewage means the water-carried wastes from residences, business buildings, institutions, and commercial and industrial establishments.

Sewage treatment means the necessary processing of sewage prior to its discharge.

Sewer specifications means sewer specifications for work by contractors and developers as furnished by the commissioner.

Sewer system means all facilities for collecting, pumping, treating and disposing of sewage.

Sewer works means all facilities for collecting, pumping, treating and disposing of sewage.

Standard sections means those typical drawings issued by the commissioner from time to time as a supplement to this article.

Storm sewer means a sewer which carries stormwaters and surface waters and drainage, but excludes sewage and contained polluted industrial wastes.

Stormwater means that water caused by rainfall.

Streets means those streets identified in section 15-06.001 of this Code.

Structures means those appurtenances associated with sewer works that may be required in this article and as indicated on applicable standard sections.

Surface drainage means that water that results from rainfall and that flows away from an area on the ground or pavement, including groundwater.

Swale means any defined depression or restricted alteration of the land to control and direct surface drainage.

Tributary population means the number of persons indicated as residing within a given area. The indication of population may have many sources.

Vehicular traffic means traffic other than pedestrian which might cross over the sewer easement.

Velocity dissipator means those devices constructed at the discharge end of sewers to reduce the velocity of flowing water.

Wetlands means those areas defined by federal and/or state law as wetlands. (Code 1977, § 9-3129)

Cross reference—Definitions generally, § 1-2.

Sec. 154-142. Adoption of rules and regulations.

An ordinance of the city providing rules and regulations governing private development of sanitary or storm sewers, effective February 1, 1967, is incorporated in this article as if set out at length in this article, and a copy of the ordinance shall be kept on file in the office of the municipal clerk. (Code 1977, § 9-5061)

Sec. 154-143. Administration.

Sec. 154-144. Ordinance for construction.

The construction of all sewers and the assessment for the construction shall be provided for by ordinance. After the first reading of an ordinance providing for a sewer, a notice of the introduction shall be published in one or more of the daily papers of the city; the notice shall contain a statement of the line along which the proposed sewer is to be laid and a statement of the general character, material and size of the sewer. The notice shall be published at least ten days before the adoption of the ordinance, and the ordinance may be adopted at the next meeting after the notice has been published. Substantial compliance with this section as to notice shall be sufficient. (Code 1977, § 9-3142)

Sec. 154-145. Plans and specifications generally.

Sec. 154-146. Contents of plans and specifications.

“I certify that the data reflected on this drawing has been verified in the field and to the best of my knowledge is accurate and correct and in general compliance with existing rules and regulations governing development of sanitary or storm sewers in the City of Atlanta.

Signature (Seal)” (Code 1977, § 9-3131)

Sec. 154-147. Design criteria.

Sec. 154-148. Stormwater.

See. 154-149. Construction and connection of sewer outside city.

Sec. 154-150. Maintenance of sewers outside city.

Sec. 154-151. Building over or filling over city sewers.

Sec. 154-152. Connection of surface water drains to sanitary sewers.

No drain for surface water shall be connected with any sanitary sewer. (Code 1977, § 9-3156)

Sec. 154-153. Placing obstruction in stream or drain.

Sec. 154-154. Obstructing catchbasins, drop inlets and other entrances to sewers and drains.

Sec. 154-155. Private decentralized wastewater systems prohibited.

Secs. 154-156—154-165. Reserved.

Sec. 154-166. Lien against property.

The amount of assessments for sewers shall be a lien on abutting property as provided by the Charter and related state laws of the city. Assessments shall be paid in full prior to connection. (Code 1977, § 9-3159)

Sec. 154-167. Amount where sewer laid in street; right of abutting property owners to connect.

Sec. 154-168. Payment for privilege of connecting to sewer when assessment not made.

Where a lot or parcel of property which has a city sewer in front of or abutting the lot or parcel to which the lot or parcel has never been connected and for which no assessment by the city for the cost of the sewer or the use of the city sewer system and the owner desires to connect to the city sewer system, the property owner shall be required to pay to the city an amount equal to the sewer assessment rate per front foot then in effect for each front foot of the lot or parcel of property so connected for the privilege of connecting the lot or parcel to the city sewer system. This amount is to be paid in advance of connection but after work is authorized, and shall be collected by the municipal revenue collector.

In addition to the payment of the assessment, the property owner shall also be required to pay all other sewer fees then in effect, including but not limited to installation, connection and inspection fee, which are then in effect. (Code 1977, § 9-3162; Ord. No. 2005-01, § 16, 1-10-05)

Sec. 154-169. Payment when pumping required for service.

If residential, apartment, commercial or industrial buildings are constructed at an elevation which is too low to be served by gravity flow into the sewer for which assessment will be made, the owners of the residential, apartment, commercial or industrial buildings shall pay the assessment, and when required to connect onto the sewer the owners shall install sewage pumping facilities to make use of the sewer. The amount of assessment shall be the same as that provided for in section 154-167. Minimum pumping system specifications may be found in the city's rules and regulations for sewers. (Code 1977, § 9-3164)

Sec. 154-170. Report and record of completion of work.

When any sewer construction is completed, for which an assessment lien attached in favor of the city, the completion of the sewer shall be reported immediately to the chief financial officer by the commissioner of public works, and the chief financial officer shall cause an entry of that completion to be promptly entered in a book provided for this recorded information, which book shall be made available to the public. (Code 1977, § 9-3168)

Sec. 154-171. Charges for additional connections.

Whenever it is necessary to install an additional sewer connection in front of any property, the cost thereof and any additional assessments shall be paid by the property owner before it is installed by the commissioner. (Code 1977, § 9-3171)

Sec. 154-172. Conditions for construction of private sewers.

Any permit for the construction of a private sewer or for connection therewith shall be granted and accepted upon condition that thereafter, when the city constructs a public sewer, the abutting property shall be subject to assessment in the manner provided by the Charter and related state laws, this Code and other ordinances of the city, without regard to the existence of or connection with the private sewer. (Code 1977, § 9-3174)

Sec. 154-173. Charges for sewers laid by developer for use of development.

Secs. 154-174—154-195. Reserved.

ARTICLE V. SEWAGE DISPOSAL* DIVISION 1. GENERALLY

Sec. 154-196. Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

*Charter reference—Bureau of pollution control, app. IV, § 52.

Cross references—Clean city commission, § 2-1876 et seq.; environment, ch. 74; health and sanitation, ch. 86.

Land development code reference—Plumbing code, § 8-2141 et seq.

State law references—Specific grant of constitutional authority relative to stormwater and sewage collection and disposal, Ga. Const. art. IX, § II, ¶ III(a)(6); acquisition and construction of sewer systems, O.C.G.A. § 36-34-5.

(9.1) Collection system: Sewers, force mains, pump stations, ejector stations and other equipment for the conveyance of wastewater to a publicly-owned treatment works.

(15.1) Dilute: To make any pollutant, pollution, waste or wastewater thinner or weaker by adding water or any other substance.

(30.1) Indirect discharge: The discharge of treated or untreated wastewater to the publicly owned treatment works (POTWs) of the city.

(36.1) Maintenance, operations and management ("MOM") program: A program for the efficient and proper operation and maintenance of the sewer collection system and includes, but is not limited to, a collection system contingency and emergency plan, an operations plan, a grease management plan, a maintenance management plan and a training program for appropriate personnel of the department of public works.

(70.1) Trucked or hauled pollutants: Any dredged material, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, or agricultural waste discharge transported by truck, rail or dedicated pipeline.

Sec. 154-197. Abbreviations.

The following abbreviations shall have the designated meanings:

BOD, biochemical oxygen demand.

CFR, Code of Federal Regulations.

COD, Chemical oxygen demand EPA, Environmental Protection Agency.

GPD, gallons per day.

mg/l, milligrams per liter.

MOM, maintenance, operations and management.

NPDES, National Pollutant Discharge Elimination System.

O&M, operation and maintenance.

POTW, publicly owned treatment works.

RCRA, Resource Conservation and Recovery Act.

SIC, standard industrial classification.

TKN, total Kjeldahl nitrogen.

TSS, total suspended solids.

USC, United States Code. (Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 199930, § 4, 2-9-99)

Sec. 154-198. Findings and purposes.

The city finds that, in order to provide for the public health and welfare, and to comply with the laws and regulations of the State of Georgia and the United States Government, it is necessary to set uniform requirements for all users of the water pollution control facilities of the city; to establish effluent limits; to require minimum frequencies of inspections depending upon size of the city sewer system, to require pretreatment, where necessary, by system users; to regulate the use of municipal pollution control facilities through the issuance of permits to certain industrial users; to establish charges and fees for the equitable distribution of costs; and to authorize monitoring and enforcement activities.

The purpose of article V is to prevent the introduction into the municipal pollution control facilities of pollutants which will interfere with the proper operation of the system or contaminate the resulting sludge; to prevent the introduction into the municipal pollution control facilities of pollutants which will cause the city to be in violation of any permits; to prevent the introduction into municipal pollution control facilities of toxic pollutants which would pass through the facilities in toxic amounts, into receiving water or the atmosphere, or otherwise be incompatible with the facilities; to prevent unauthorized discharges of pollutants into the environment; to improve the opportunity to recycle and reclaim wastewaters and sludges from the facilities; and to provide for equitable distribution of the cost of the municipal pollution control facilities.

The city finds that criteria are needed to better control the discharge of grease and oils to the city's sewer system and that due to the diameters of the existing sewer piping system that certain portions of the city require additional inspections to accommodate compliance with this section. The accumulation of grease and oils discharged into the sewer system can lead to grease blockages, which in turn can cause overflows from the sewer system. The city must protect its sewer system against accumulations of grease and oils. Sources of grease and oil discharges include industrial users of the sewer system and food service establishments. Industrial users are subject to industrial user permitting and pretreatment requirements. The best method for reducing discharges of grease and oil from food service establishments is the installation of grease traps at the food service establishment and proper maintenance of the grease traps by the owner or operator of the food service establishment. The sewer use ordinance establishes requirements that control the discharge of grease and oil from industrial sources and food service establishments. (Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 199930, § 1, 2-9-99; Ord. No. 2001-5, § I, 1-23-01)

Sec. 154-199. Public nuisance.

It shall constitute a nuisance and shall be unlawful for any user to discharge a wastewater in any manner in violation of this article, or of any condition of an industrial wastewater discharge permit. (Ord. No. 1998-71, § 2, 10-13-98)

Secs. 154-200—154-210. Reserved.

Subdivision I. General Provisions

Sec. 154-211. Confidential information.

All information and data concerning a user or obtained from a user shall be available to the public or other governmental agencies in accordance with the requirements of the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., and subject to exemption from disclosure only as authorized by Georgia law. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-212. Notification of pretreatment standards promulgation.

The commissioner shall notify industrial users of applicable national pretreatment standards within 30 days of promulgation of final pretreatment standards. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-213. Right to object.

The industrial user has the right to object within 30 days of notification of action taken on behalf of the city which changes the industrial user's obligations or subjects it to penalties, restrictions or further obligations. The objection and all evidence supporting such objection must be made in writing to the commissioner. In his/ her discretion, the commissioner shall make written response to the objection, stating his/her decision and reasons thereof. All decisions by the commissioner shall be final. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-214. Reporting requirements for the permittee.

At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable standard, shall be required to submit to the commissioner a report which contains the information requested in subparagraphs (a)(1—3) and (a)(5—-7) of this section.

Pursuant to 40 CFR § 403.6(a)(2), each report must include a statement describing, and providing evidence and/or reasons a particular industry subcategory is or is not applicable.

These reports must be signed in accordance with section 154-196(3). (Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 201367(12-O-0563), §§ 4, 5, 12-11-13)

Sec. 154-215. Notification of the discharge of hazardous waste.

Sec. 154-216. Maintenance of records.

Secs. 154-217—154-225. Reserved.

Subdivision II. Industrial Wastewater Discharge Permit

Sec. 154-226. Required permitted discharges.

It shall be unlawful for any industrial user to discharge any industrial waste or wastewater to any city water pollution control facility without an approved industrial wastewater discharge permit. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-227. Industrial wastewater discharge permitting process.

Sec. 154-228. Conditions for issuance of permits.

The commissioner may decline to issue an industrial wastewater discharge permit to any user which has failed to comply with the terms and provisions of this article, any lawful orders issued by the commissioner or a previous industrial wastewater discharge permit. The commissioner may require the filing of a bond payable to the city, in a sum determined by the commissioner, to ensure consistent compliance by the user. In appropriate circumstances, the commissioner may require the user to submit proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-229. Permit duration.

Permits shall be issued for a time period not to exceed five years. The terms and conditions of the permit may be subject to modification by the commissioner during the term of the permit as limitations or requirements of this article are modified or for any other just cause. The permittee shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any more stringent or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-230. Permit transfer.

Industrial wastewater discharge permits are issued to a specific user for a specific operation. A request for transfer or reassignment shall be submitted in writing to the commissioner at least 60 days prior to the proposed date of transfer or reassignment by the permittee. The permittee must provide a copy of the industrial wastewater discharge permit to the new owner or operator. No user is authorized to operate pursuant to the permit issued to a previous owner or user without the written approval of the commissioner. (Ord. No. 1998-71, § 2, 10-13-98)

Secs. 154-231—154-240. Reserved.

Subdivision III. Inspection, Monitoring, and Entry

Sec. 154-241. Installation, location, and maintenance of monitoring manhole.

Sec. 154-242. Inspection, testing, and observation.

The commissioner or other duty authorized employees of the city bearing proper credentials and identification, and under appropriate legal authority for entry, shall be given immediate access to all properties without prior notification for the purpose of inspection, observation, photography, records examination and copying, measurement, sampling or testing, in accordance with the provisions of this article.

Sec. 154-243. Standards for sampling, measurements, testing and analysis of wastewater.

All sampling, measurements, tests and analyses of the characteristics of wastewaters to which reference is made in this article, shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as amended. (Ord. No. 1998-71, § 2, 10-13-98)

Secs. 154-244—154-255. Reserved.

Subdivision IV. Enforcement Procedures

Sec. 154-256. Notification of user of violation.

Whenever the commissioner finds that any person has violated or is violating this article or industrial wastewater discharge permit, the commissioner may serve written notice upon the person, stating the nature of the violation and requiring submission of a plan for the satisfactory correction thereof within a specified time limit. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-257. Compliance meetings.

The commissioner may invite representatives of the user to a compliance meeting to review the commissioner's determination that a violation of this article or industrial wastewater discharge permit has occurred, and the consequent remedial action to be taken. If the user and the commissioner can agree to appropriate remedial and preventive measures, such measures and a reasonable compliance schedule shall be incorporated as a supplemental condition of the user's industrial wastewater discharge permit. If an agreement is not reached through this process, the commissioner shall institute such other actions, as deemed advisable, to ensure the user's compliance with the provisions of this article or other laws or regulations. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-258. Show cause hearing.

The commissioner may order any user which causes or contributes to violations of this article or industrial wastewater discharge permits, to appear before the commissioner and show cause why enforcement actions should not be taken. Notice shall be served on the user specifying the date, time, and location of the hearing, the reasons for this hearing, and proposed enforcement actions. Such notice shall be served on any representative of the user or by registered or certified mail. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-259. Citation to municipal court.

The commissioner may cite any person to the municipal court for violation of any provision of this article or other portions of the city Code or for violation of any condition of the user's industrial wastewater discharge permit. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-260. Assessment of damages.

When a discharge of waste causes an obstruction, damage, or any other impairment to the facilities, or any expense of whatever character or nature to the city, the commissioner shall assess the expenses incurred by the city to clear the obstruction, repair damage to the facility, and any other expenses or damages incurred by the city. The commissioner shall file a claim with the user, or any other person causing said damages, seeking reimbursement for any and all expenses or damages suffered by the city. If the claim is ignored or denied, the commissioner shall notify the city attorney to take such measures as shall be appropriate to recover for any expense or other damages suffered by the city. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-261. Disconnection for violation.

In the event of an actual or threatened discharge of wastes or wastewater which, in the opinion of the commissioner, presents an imminent and substantial danger to the health or welfare of persons or the environment, or causes interference with the water pollution control facilities or cause the violation of any permit held by the city, the commissioner shall seek authority immediately, pursuant to section 74-161 of this Code of Ordinances, to disconnect the water discharge from the city's system by discontinuing water service to that property or by disconnecting sewer service to that property. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-262. Consent agreements.

The commissioner is hereby empowered to enter into consent agreements, consent orders, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action(s) to be taken by the user to correct the noncompliance within a time frame specified in the order. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-263. Significant noncompliance.

Any industrial user whose actions or failure to act meet any or all of the following criteria may be placed in the category of significant noncompliance.

Sec. 154-264. Publication of list of violators.

The city shall publish, annually, in the newspaper with the largest daily circulation in the city, a list of industrial users which during the previous 12 months were significantly violating applicable pretreatment standards as defined in 40 CFR, Part 403.8(f)(2)(vii). (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-265. Federal, state and municipal enforcement.

In addition to the enforcement actions provided herein, the commissioner may petition the state or the EPA, as appropriate, to exercise such methods or remedies as shall be available to such governmental entities to seek criminal penalties, injunctive relief, as may be provided by applicable federal or state laws to ensure compliance by industrial users with applicable pretreatment standards, to prevent the introduction of toxic pollutants in toxic amounts, or other regulated pollutants into the water pollution control facilities or to prevent such other water pollution as may be regulated by state or federal law.

Under 40 CFR § 403.10, the city has legal authority, pursuant to its Code of Ordinances, including, but not limited to, sections 1-8 and 74-161 to prosecute violations of the sewer use ordinance, and to abate the violating condition as a public nuisance. Such actions may be brought in Atlanta Municipal Court. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-266. Revocation of permits.

Any permit issued under the provisions of this article may be suspended or revoked in whole or in part during its terms for the following causes:

Sec. 154-267. Penalty for violation.

A person convicted of a violation of this article shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, or any combination thereof. With respect to violations of this article that are continuous with respect to time, each day the violation continues is a separate offense. (Ord. No. 2013-67(12-O-0563), § 6, 12-11-13)

Secs. 154-268—154-275. Reserved.

Sec. 154-276. Establishment of charges.

Sewer service charges shall be as established by the city.

Sewer rates are hereby waived by 30 percent for domestic customers, aged 65 and older, with a maximum household income of $25,000.00 or less. (Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 200199, § 2, 12-11-01; Ord. No. 2004-01, § 2, 1-9-04; Ord. No. 2004-05, § 2, 1-5-04)

Sec. 154-277. Sewer service charge.

The mayor is hereby authorized to waive the entire sewer service charge for those domestic customers in the city who make application for such waiver and who can show to the satisfaction of the commissioner by certification of a master plumber licensed in the city that they are not connected to the city's water pollution control facilities. This certification must state that the lowest floor of their residence which contains rest room facilities, cannot be served by gravity flow. The waiver, once granted, shall continue in force, unless revoked, until plumbing permits are issued by the city's plumbing inspector for connection to the sewer. Such waiver, when authorized by the mayor, shall become effective on the first day of the next billing cycle after the date of authorization. No waiver will be authorized if any portion of the residence is connected to the city's water pollution control facilities.

Sewer rates are hereby waived by 30 percent for domestic customers, aged 65 and older, with a maximum household income of $25,000.00 or less. (Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 200199, § 2, 12-11-01; Ord. No. 2003-83, § 8, 7-29-03; Ord. No. 2004-01, § 2, 1-9-04; Ord. No. 2004-05, § 2, 1-5-04; Ord. No. 2011-43(11-O-0740), § 2, 9-28-11)

Sec. 154-278. Industrial wastewater surcharges.

The amount of the surcharge, which is hereby charged and assessed against all persons discharging industrial wastewater into the public sewers, shall reflect the cost incurred by the city in handling the excess COD, TKN, and TSS. This surcharge shall include a proportionate share of charges for maintenance and operation of the water pollution control facilities including depreciation and other incidental expenses.

B = The cost factor for TSS discharged to the sewer above 250 mg/l. This quantity is determined by the multiplication of a factor herein called "X", by the excessive pounds of TSS in the wastewater as measured in samples collected so as to be representative of the daily wastewater discharge.

C = The cost factor for COD discharged to the sewer above 500 mg/l. This quantity is determined by the multiplication of a factor herein called "Y", by the excessive pounds of COD in the wastewater as measured in samples collected so as to be representative of the daily wastewater discharge.

D = The cost factor for TKN discharged to the sewer above 25 mg/l. This quantity is determined by the multiplication of a factor herein called "Z", by the excessive pounds of TKN in the wastewater as measured in samples collected so as to be representative of the daily wastewater discharge.

X = The annual average cost of removal of one pound of TSS.

Y = The annual average cost of removal of one pound of COD.

Z = The annual average cost of removal of one pound of TKN.

Sec. 154-279. Reserved.

Sec. 154-280. Billing procedure.

Industrial wastes surcharges provided for in this article shall be prepared and rendered with the regular water bill. The volume of flow used in billing the industrial waste surcharges shall be based upon metered, estimated, or prorated water consumption for the period during which the sampling was conducted. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-281. Payment of bills.

Sewer service charges and surcharges provided in this article shall be payable at the office of the chief financial officer in the city hall or at other authorized locations, at the same time as the water bills for a lot, parcel of land, building, premise or facility are payable and payments for water shall not be accepted unless payment of the sewer service charge or surcharge is made at the same time, provided however, the sewer service and/or surcharge is applicable. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-282. Annual analysis.

Secs. 154-283—154-295. Reserved.

JOBNAME: No Job Name PAGE: 248 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes DIVISION 4. DISCHARGE RESTRICTIONS

Sec. 154-296. Discharge of septic tanks.

Sec. 154-297. City of Atlanta Grease Management Ordinance.

This division shall be known and may hereafter be referred to as the "City of Atlanta Grease Management Ordinance." (Ord. No. 2003-90, § 1(Exh. A), 9-10-03)

Sec. 154-297.00. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any owner or agent of the owner of any food service, food sales or food processing establishment submitting an application for a food service wastewater discharge permit to the department of watershed management for consideration for approval.

Commissioner means the commissioner of the department of watershed management or his designee, or such person as the mayor may designate to carry out the functions set forth herein.

Department means the department of watershed management.

Facility means a building or a location where food service, sales or processing, as defined in this section, occurs as identified by the numbering system for public streets used as directions for delivery.

FOG means fats, oil and grease.

Food means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

Food processing establishment means a commercial establishment in which food is manufactured or packaged for human consumption. The term does not include a food service establishment, retail food sales store, or commissary.

Food sales establishment means retail and wholesale grocery stores, retail seafood stores, bakeries, confectioneries, fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises.

Food service establishment means any establishment for the preparation and/or serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, tav-JOBNAME: No Job Name PAGE: 249 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes erns, lunchrooms, places which manufacture retail sandwiches, soda fountains; institutional cafeterias, catering establishments, food vending vehicles and operations connected therewith; and similar facilities by whatever name called. The term "food service establishment" shall not mean a "food sales establishment," as defined in this division, which does not provide seating or facilities for consumption of food on the premises.

Fryer oil means oil that is used and/or reused in fryers for the preparation of such foods as fried chicken or french fries.

Grease means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from cooking and/or preparing foods.

Grease trap means a device or interceptor that is designed, installed and operated in accordance with the manufacturer's specifications to separate and retain fats, oils and grease from liquid waste and allow the remaining liquid waste to discharge into the city's sewer collection system.

Mobile food unit means a self-propelled vehicle or mounted unit intended to be used as a food service establishment and is not regulated by this division.

Permit means written authorization to discharge to the city's wastewater collection system granted by the department to the owner of a facility or his/her authorized agent to operate a food service establishment, food sales or food processing establishment and indicates satisfactory compliance with this division.

Sampling port means the last point downstream of a grease trap that will accommodate sampling to take place prior to the discharge of effluent to the city's sewer collection system.

Temporary food service establishment means a food service establishment that has no permanent sewer connection and operates at the same location for a period of time of not more than 14 consecutive days in conjunction with a single event, such as a fair, carnival, circus, exhibition or similar temporary gathering, is not regulated by this division.

User means, for purposes of this division, the owner or operator of a food service, food sales or food processing establishment that discharges wastewater into the city sewer system. (Ord. No. 2001-5, § II, 1-23-01; Ord. No. 2003-90, § 1(Exh. A), 9-10-03)

Sec. 154-297.01. Food processing, sales, and/or service establishment (grease trap) regulations/ new installation.

Number of Grease Traps Fee 0—5 6—10 11—15 16—20 21—25 26—30 31—35 36—40 41—45 46—50 51—55 56—60 $ 300.00 600.00 900.00 1,200.00 1,500.00 1,800.00 2,100.00 2,400.00 2,700.00 3,000.00 3,300.00 3,600.00 For each five additional grease traps in excess of 60 traps, the maximum fee shall be increased by $300.00.

JOBNAME: No Job Name PAGE: 251 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes Exceptions:

Table I. Typical Sizes and Volumes of Sink Compartments Fixture Compartment Size (Inches)

18 × 12 × 6 16 × 14 × 8 20 × 18 × 8 18 × 16 × 8 20 × 18 × 8 30 × 20 × 8 24 × 20 × 12 22 × 20 × 8 22 × 20 × 12 48 × 24 × 12 22 × 20 × 12 22 × 20 × 12 Number of Compartments 1 1 1 2 2 1 1 2 2 2 3 4 Drainage Load (Gallons)

4.2 5.8 9.4 15.0 18.7 15.5 18.7 23.0 34.0 44.9 51.4 68.6 Recommended PDI Size Grease Interceptor 7 7 10 15 20 20 20 25 35 50 70 70 Table II. Procedure for Sizing Indoor Grease Traps (Flow rates shall be calculated based on a two minute drainage period)

Steps Formula Example 1 Determine cubic content of fixture by multiply- A sink 48" length by 24" wide by 12" deep.

ing length width × depth Cubic content 48 × 24 × 12 = 13,824 cubic inches.

JOBNAME: No Job Name PAGE: 252 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes Steps Formula Example 2 Determine capacity in gallons.

Contents in gallons 1 gal. = 231 cubic inches 13,824/231 = 59.8 gallons.

3 Determine actual drainage load. The fixture is 0.75 × 59.8 = 44.9 gallons.

normally filled to about 75% of capacity with water. The items being washed displace about 25% of the content, thus actual drainage load = 75% of fixture capacity 4 Determine flow rate and drainage period. In Flow rates shall be calculated on the basis of a general, drainage period is the actual time two-minute drainage period.

required to completely drain the fixture. Flow Two-minute period 44.9/2 = 22.5 GPM flow rate = (Actual Drainage Load)/(Drainage Pe- rate.

riod)

5 Select indoor grease trap using the Following For two-minute period:

Table A1.2 for Sizing & Rating, which corre- 22.5 GPM requires PDI size "25."

sponds to the flow Rate, calculated.

Note: Select next larger size when flow rate falls between two sizes listed.

PDI Size 4 Symbol Flow Rate 4 GPM Grease 8 Capacity Pounds Table III. Sizing and Rating of Indoor Traps 7 10 15 20 25 7 10 15 20 25 14 20 30 40 50 35 50 35 50 70 100

Sec. 154-297.02. Food service establishment (grease trap) regulations/ existing installations.

Number of Grease Traps Fee 0—5 6—10 11—15 16—20 21—25 26—30 31—35 36—40 41—45 46—50 51—55 56—60 $300.00 600.00 900.00 1,200.00 1,500.00 1,800.00 2,100.00 2,400.00 2,700.00 3,000.00 3,300.00 3,600.00 For each five additional traps in excess of 60 traps, the maximum fee shall be increased by $300.00.

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Sec. 154-297.03. Maintenance and inspection requirements for new and existing grease traps.

It shall also be prohibited to dispose of fryer oil to the city's wastewater collection system.

Maintenance shall include the complete removal of all contents, including floatable materials, wastewater, sludges, and solids. Top skimming of outdoor grease traps, decanting or back flushing of the grease trap or its wastes for the purpose of reducing the volume to be hauled is prohibited.

Further, the discharge of liquid, semisolids, or solids into a grease trap from vehicles after servicing is prohibited. Vehicles capable of separating water from grease shall not discharge separated water into the grease trap or into the wastewater collection system.

Grease traps must be operated in accordance with the manufacturer's specifications and/or in accordance with generally accepted engineering standards and practices.

Food service, sales or processing establishment Name:

Authorized signature (verifying that grease trap was cleaned and in operable condition): and Date of service:

Service company information (waste hauler)

Disposal site Name:

Upon the re-inspection, if the grease trap is found to still be in violation, a notice of non-compliance will be issued and the grease trap user must clean the grease trap immediately.

Any grease trap, which receives three notices of non-compliance within a 24month period, shall be deemed a nuisance by the commissioner of watershed management and shall require such corrections necessary to abate said nuisance.

Any mechanically operated grease trap found in non-compliance, shall be deemed a nuisance by the commissioner and must be upgraded to the new installations requirements of this section.

"Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be lawful or any offense, or whenever in this Code or ordinance the doing of any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of a provision of this Code or that ordinance shall be punished by a fine not to exceed $1,000.00 and cost of imprisonment in the City jail for not more than 60 days, or work on the public streets or on public works of the City for not more than 60 days, or by any one or more of these punishments, subject to all limitations contained in the Charter of the City. Each day any violation of this Code or of any ordinance shall constitute a separate offense. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be abated by the City as provided by law, and each day that the condition continues shall be regarded as a new and separate offense."

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The Code of Ordinances provides for penalties of $1,000.00 or a maximum of six months in jail (General Code section 1-8 subpart (c). The city council may modify the penalties set out in Code section 154-256 et seq.] within these limits.

Sec. 154-298. Discharge to storm sewers regulated.

It shall be illegal to discharge any polluted waters, including but not limited to, sewage, sludges, industrial wastewater, into any privately or city-owned storm sewer system. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-299. General discharge prohibitions.

Sec. 154-300. National categorical pretreatment standards.

The national categorical pretreatment standards found in 40 CFR, Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. The national categorical pretreatment standard, if more stringent than limitations imposed under this article for sources in that category, shall supersede the limitations imposed under this article and such limits shall become part of this article by reference. (Ord. No. 1998-71, § 2, 10-13-98)

Parameter Arsenic Beryllium Cadmium Chromium Copper Lead Mercury Nickel Selenium Silver Zinc Daily Maximum Concentration (mg/L) (24 hour composite)

0.195 0.0005 0.335 2.25 3.104 0.653 0.002 1.79 1.31 1.47 4.473 Daily Maximum Mass (Lb's) (under 10,000 gpd only)

0.016 0.0004 0.028 0.187 0.259 0.055 0.0002 0.149 0.109 0.123 0.373 Parameter Cyanide Phosphorus Daily Maximum Concentration (mg/L) (24 hour composite)

Concentration, mg/1(**) Grab Sample 0.894 Daily Maximum Concentration (mg/L) (24 hour composite)

10.0(*)

Daily Maximum Mass (Lb's) (under 10,000 gpd only)

Daily Maximum Mass (Lb's) (under 10,000 gpd only) 0.075 Daily Maximum Mass (Lb's) (under 25,000 gpd only)

2.0 *Exception for food processing industry: Food processing industry may discharge up to 25 mg/l phosphorous. As measured in discharge from manufacturing process only, excluding domestic waste or unpolluted discharges.

Parameter Benzene Bromomethane Carbon disulfide Carbon tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane 1,2-Dichlorobenzene 1,4-Dichlorobenzene 1,1-Dichloroethane Trans-1,2 Dichloroethylene 1,2-Dichloropropane 1,3-Dichloropropane Ethyl benzene Ethylene dichloride Formaldehyde Hexacloro-1, 3-butadiene Hexachloroethane Methylene chloride Toluene 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane Trichloroethylene Trichlorofluoromethane Vinyl chloride 1,1-Dichloroethylene Aroclor 1242 Aroclor 1254 Maximum Allowable Concentration (mg/l)

0.13 0.002(i) 0.06 0.03 2.35 0.42 0.42 0.007(i) 3.74 3.54 4.58 0.28 3.65 0.09 1.59 1.05 0.07 0.002(i) 0.96 4.15 1.35 0.43 1.55 0.71 1.22 0.003(i) 0.003 0.01 0.005

Sec. 154-301. Specific pollutant limitations.

stitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or for any other pollutant-specific limitation developed by the city or the State of Georgia. (Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 201367(12-O-0563), §§ 2, 3, 12-11-13)

Sec. 154-302. Pretreatment of waste.

Users of the water pollution control facilities shall design, construct, operate, and maintain pretreatment facilities whenever necessary for the user to achieve compliance with the limitations set forth in this article. Plans, specifications, operating procedures, and supporting data must be submitted to the commissioner for review prior to installation of a pretreatment system as specified under section 154-214(b).

Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance. (Ord. No. 1998-71, § 2, 10-13-98)

Sec. 154-303. Protection against potential discharge problems, including slug loadings.

Provision of protection from accidental discharge and slug loading. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article, including the protection against the discharge of slug loadings of any waste. Bi-annually the commissioner shall evaluate whether each SIU needs a slug control plan. Facilities and/or procedures to prevent these occurrences shall be provided and maintained by the user at its expense. A slug control plan shall address, at a minimum, the following:

Sec. 154-304. Bypassing.

Sec. 154-305. Upset provision.

Sec. 154-306. Prohibited discharge provision.

A local limit designed to prevent pass-through and/or interferences, was developed in accordance with the POTW pretreatment program required by 40 CFR § 403.5(c) for each pollutant in the user's discharge that caused pass-through or interference, and the user was in compliance with each such local limit directly prior to and during the pass-through or interference; or

Sec. 154-307. Sewage pumping station specifications.

The sewage pumping station specifications of the city, revised August 1973, copies of which are on file in the office of the municipal clerk and of the commissioner, are hereby adopted. (Ord. No. 1998-71, § 2, 10-13-98)

Secs. 154-308—154-315. Reserved.

ARTICLE VI. RESERVED* *Editor’s note—Ord. No. 2007-49(07-O-1467), § 1, approved Sept. 12, 2007, repealed art. VI in its entirety. Formerly, said article pertained to the stormwater management utility as enacted by Ord. No. 1998-7, § 1, approved Feb. 16, 1998; as subsequently amended. See the Code Comparative Table for a detailed analysis of repeal.

Chapters 155—157 RESERVED CD 155:1 Chapter 158 VEGETATION* Article I. In General Sec. 158-1. Official tree. Sec. 158-2. Poison ivy and poison sumac. Sec. 158-3. Planting of lombardy poplar or silver maple trees prohibited. Sec. 158-4. Weed control. Sec. 158-5. Definitions. Sec. 158-6. Exemptions. Sec. 158-7. Prohibited. Sec. 158-8. Notice to abate. Sec. 158-9. Abatement by city. Sec. 158-10. Collection of costs and records; secured property. Sec. 158-11. Administrative charge; administrative penalty. Secs. 158-12—158-25. Reserved.

Article II. Tree Protection Sec. 158-26.

Division 1. Definitions Definitions.

Sec. 158-27. Sec. 158-28. Sec. 158-29. Sec. 158-30.

Division 2. General Provisions Authority. Goals and purpose. Applicability and exemptions. Relationship to other laws, regulations, and ordinances.

Division 3. Jurisdiction, Authorization of Easements, and Registration Sec. 158-31. Sec. 158-32.

Sec. 158-33.

Jurisdiction. Authorization of conservation easements and fee simple donations. Registration of arborists, foresters, landscape architects, and tree service companies is required.

Division 4. General Standards for Public and Private Trees Sec. 158-34 Sec. 158-35. Sec. 158-36. Sec. 158-37. Sec. 158-38. Sec. 158-39.

Damage and destruction of trees. Tree planting and maintenance standards. Permits for removal and destruction of regulated trees. Site selection for city facilities. Procedures for boundary and co-owned trees. Removal of trees within a stream or wetland buffer or floodplain.

Division 5. Public Right-of-Way Clearance and Safety Sec. 158-40. Nuisance trees. Sec. 158-41. Abatement procedures.

*Cross references—Property to be maintained free of unhealthful conditions, including solid waste, junk, weeds and exterior storage, § 86-6; protection of plants in parks, § 110-69.

State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.

Supp. No. 103 Sec. 158-42.

Division 6. Tree Valuation Healthy, non-invasive trees contribute the greatest environmental services to Atlanta's residents and visitors and are therefore regulated differently than invasive, undesirable, and dead, dying, or hazardous (DDH) trees.

Division 7. Requirements for the Removal of Dead, Dying, and Hazardous (DDH), Invasive, and Undesirable Trees Sec. 158-43. Sec. 158-44. Sec. 158-45. Sec. 158-46. Sec. 158-47. Sec. 158-48.

Standard operating procedures for issuing dead, dying, or hazardous (DDH) tree removal permits. Permits to remove dead, dying, or hazardous trees on private property. Emergency removals for trees with imminent likelihood of failure. Permits to remove dead, dying, and hazardous trees on public property. Permit required for removal of invasive and undesirable trees on private property. Invasive or undesirable trees on public property.

Division 8. Requirements for Preservation and Permits for Removal of Healthy Trees, Excluding Invasive and Undesirable Species Sec. 158-49. Sec. 158-50. Sec. 158-51. Sec. 158-52. Sec. 158-53.

Permits required. General requirements. Permits for the removal of healthy trees. Applications for a permit to remove healthy trees. Site plans required under this article shall be drawn to scale and submitted in a format specified by the city and shall provide a tree survey and other information about existing site conditions and plans for the proposed development, including measures to protect trees during construction.

Division 9. Tree Preservation and Planting Standards for Single-Family Development Sec. 158-54. Sec. 158-55.

Sec. 158-56.

General provisions. All single-family developments must demonstrate that the site will meet the tree preservation standards below. Tree density and other planting requirements for single-family projects.

Division 10. Tree Preservation and Planting Standards for Residential Subdivisions and Planned Developments Sec. 158-57. Sec. 158-58.

Tree preservation and planting standards for residential subdivisions and planned developments. Tree replacement plan required.

Division 11. Tree Preservation and Planting Standards for Commercial Development and Parking Lots Sec. 158-59. Sec. 158-60. Sec. 158-61.

General provisions. Tree density on commercial sites. Parking lot planting requirements.

Supp. No. 105 Division 12. Pre-Construction and Tree Protection through Construction and Certificate of Occupancy Sec. 158-62.

Sec. 158-63. Sec. 158-64.

Sec. 158-65.

Preconstruction/pre-demolition inspections and ongoing inspections required. Minimum tree protection standards during construction. Arboricultural prescriptions, care, and responsibility for impacted trees. Arborist final inspection required prior to issuance of certificate of occupancy/completion.

Sec. 158-66. Sec. 158-67. Sec. 158-68.

Division 13. Tree Planting Specifications Size and quality of replacement trees. Species of replacement trees. Planting specifications.

Sec. 158-69.

Sec. 158-70. Sec. 158-71. Sec. 158-72. Sec. 158-73.

Division 14. Calculation of Recompense Replacement tree and monetary recompense requirements for the removal of public and private trees. Public property tree replacement and monetary recompense. Department of Watershed Management. Private property replacement and recompense. Sites with private and public trees.

Division 15. Public Notice, Posting, Appeals, and Minor Amendments Sec. 158-74.

Sec. 158-75. Sec. 158-76. Sec. 158-77. Sec. 158-78.

Electronic submittals and other documents; public access to information. Notifications and posting. Minor amendments. Appeals. Variances and exceptions.

Sec. 158-79. Sec. 158-80. Sec. 158-81. Sec. 158-82.

Division 16. Tree Conservation Commission Establishment, functions, powers, and duties. Appointment of members and commission composition. Terms; vacancies; and compensation. Meetings, staff, and quarterly reports.

Sec. 158-83. Sec. 158-84. Sec. 158-85.

Division 17. Tree Trust Fund Establishment and purpose. Management of the tree trust fund. Authorized expenditures.

Division 18. Violations, Penalties, and Enforcement Sec. 158-86. Violations.

Sec. 158-87.

Division 19. Federal Consent Decree Projects Permit for tree removal based upon compliance with federal consent decrees.

Division 20. Tree Replacement and Recompense Reductions for Affordable Housing Sec. 158-88. Sec. 158-89. Sec. 158-90.

Reduction of tree recompense payment for affordable rental units. Reduction of required tree recompense for affordable for-sale units. Tree replacement and recompense for public land development that delivers affordable housing.