Chapter 13.12
SEWER USE REGULATIONS

Sections:

13.12.005  Declaration of policy.

13.12.010  Definitions.

13.12.020  Use of public sewers required.

13.12.030  Private sewage disposal.

13.12.040  Building sewers and connection.

13.12.050  Use of the public sewers.

13.12.060  Restricted substances.

13.12.070  Fees.

13.12.080  Administration.

13.12.090  Enforcement.

13.12.100  Appeals.

13.12.110  Collection of costs and penalties.

13.12.120  Protection from damage.

13.12.130  Powers and authority of inspectors.

13.12.140  Penalties.

13.12.005 Declaration of policy.

This chapter sets requirements for the discharge of pollutants into the city sewerage system. The objectives of this chapter are to:

(1)  Prevent the discharge of pollutants into the city sewerage system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)  Prevent the discharge of pollutants into the city sewerage system which will pass through the system, inadequately treated, into receiving streams;

(3)  Improve the opportunity to recycle and reclaim wastewater and sludge from the city sewerage system.

In achieving the objectives of this chapter, it shall be the policy of the city to actively support the community’s commerce and industry through accommodation, assistance and cooperation consistent with the city’s responsibility to protect the waters of the state from pollution and to secure the health, safety and welfare of the residents of the metropolitan area.

Pollutants shall be accepted into the city sewerage system subject to regulations and requirements as may be promulgated by state and federal regulatory agencies or the city for the protection of sewerage facilities and treatment processes, public health and safety, receiving water quality and avoidance of nuisance. As a minimum, nonresidential users of the city sewerage system shall comply with the applicable pretreatment standards developed under state (OAR 340-45-063) and federal (40 CFR Part 403) regulations. Pretreatment standards shall be developed to ensure that at a minimum the city and nonresidential users comply with Section 307(b) and 307(c) of the Federal Water Pollution Control Act as amended by the Clean Water Act of 1977 and the regulations promulgated pursuant to these sections of the Act.

Wastewater discharge permit conditions shall be predicated on federal, state and local regulations and requirements and on the results of analysis of the type, concentration, quantity and frequency of discharge including the geographical relationship of the point of discharge to sewerage and treatment facilities.

These permit conditions shall be reevaluated upon expiration of the permit and may be revised from time to time as required to remain consistent with local, state or federal laws, regulations and requirements or to meet any emergency. Wastewater discharge permits may include, but shall not be limited to, conditions pertaining to discharge standards, self-monitoring requirements, treatment methods, housekeeping practices inventory storage, manufacturing methods, etc., that are intended to protect the waters of the state.

Except as otherwise provided herein, the city administrator shall administer, implement, and enforce the provisions of this chapter. (Ord. 2570, 1989)

13.12.010 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the following meanings:

(1)  "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended through the effective date of the ordinance codified in this chapter, 33 U.S.C. 1251, et seq.

(2)  Authorized Representative of Nonresidential User. An "authorized representative of a nonresidential user" shall be:

(a)  A principal executive officer of at least the level of vice-president, if the nonresidential user is a corporation;

(b)  A general partner or proprietor if the nonresidential user is a partnership or proprietorship, respectively;

(c)  An agent of the nonresidential user who is responsible for the overall operation of the facilities from which the discharge originates.

(3)  "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter.

(4)  "Building drain" means 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.

(5)  "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.

(6)  "Chemical oxygen demand (COD)" means a measure of the oxygen-consuming capacity of inorganic and organic matter present in wastewater. COD is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l during a specific test. Results are not necessarily related to the biochemical oxygen demand (BOD) because the chemical oxidant may react with substances that bacteria do not stabilize.

(7)  "City" means the city of St. Helens, Oregon.

(8)  "City administrator" means the city administrator of the city of St. Helens, Oregon, or the city administrator’s designee.

(9)  "City sewerage system" means a treatment works as defined by Section 212 of the Act. This definition includes any publicly owned sewers that convey wastewater, conduits, pumps, treatment plants, structures and appurtenances used to transport, store or treat sewage, storm or surface water of any type.

(10)  "Combined sewer" means a sewer that is designed as a sanitary sewer and a storm sewer.

(11)  "Cooling water" means the water discharged from any use to which the only pollutant added is heat.

(12)  "DEQ" means the Oregon Department of Environmental Quality.

(13)  "Discharge" means the deposit of pollutants into the city’s sewerage system.

(14)  "EPA" means the United States Environmental Protection Agency.

(15)  "Garbage" means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

(16)  "Industrial wastes" means the liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.

(17)  "Natural outlet" means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

(18)  "Nonresidential user" means any person who is not a residential user.

(19)  "Person" means any individual, partnership, joint-venture, firm, company, cooperative, corporation, association, joint stock company, trust, estate, governmental entity, or other legal entity. The masculine gender shall include the feminine and the singular shall include the plural.

(20)  "pH" means the logarithm base 10 of the reciprocal of the hydrogen ion activity expressed in moles per liter of solution.

(21)  "Pollution" means the alteration of the chemical, physical, biological or radiological state of water.

(22)  "Pollutant" means any element or compound discharged into the city sewerage system except water unless the water has been heated, cooled, or irradiated.

(23)  "Pretreatment" means the reduction or elimination of pollutants in wastewater prior to discharging the wastewater into the city sewerage system.

(24)  "Properly shredded garbage" means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

(25)  "Public sewer" means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(26)  "Residential user" means a person whose primary use of the premises is for living or regularly staying at or in.

(27)  "Restricted substance" means pollutants which may be discharged into the city sewerage system subject to SHMC 13.12.050(4) or as prescribed by the superintendent pursuant to SHMC 13.12.050(3).

(28)  "Sanitary sewer" means a conduit intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface water that are not intentionally admitted.

(29)  "Sewage" means a combination of the water-carried-wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, storm and surface waters as may be present.

(30)  "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

(31)  "Sewage works" means all facilities for collecting, pumping, treating, and disposing of sewage.

(32)  "Sewer" means a pipe or conduit for carrying sewage.

(33)  "Shall" is mandatory. "May" is permissive.

(34)  "Slug" means any discharge of water, sewage, or industrial waste which in concentration of any given constituent, or in a quantity of flow exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation.

(35)  "State" means the state of Oregon.

(36)  "SIC number" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended through the effective date of the ordinance codified in this chapter.

(37)  "STEP system" means a septic tank effluent pump system.

(38)  "Standards" means the limitations and requirements established by federal, state, and local laws and regulations for discharges into the city sewerage system.

(39)  "Storm sewer" (sometimes termed "storm drain") means a sewer designed to carry only storm waters, surface run-off, street wash waters and drainage.

(40)  "Superintendent" means the director of public works of the city of St. Helens, Oregon, or his designated representative.

(41)  "Suspended solids" means the total elements and compounds which float on the surface of, or are suspended in, wastewater and which are removable by laboratory filtration.

(42)  "Toxic pollutant" means any pollutant or combination of pollutants identified pursuant to Section 307(a) of the Act or otherwise listed as toxic in regulations previously promulgated by the EPA, or as identified by the city administrator.

(43)  "Wastewater" means liquid or water-carried pollutants including any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged, flows, or infiltrates into the city sewerage system.

(44)  "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.

(45)  "Wastewater discharge permit" means a permit issued pursuant to SHMC 13.12.040(1). (Ord. 2584, 1989; Ord. 2570 § 1, 1989)

13.12.020 Use of public sewers required.

(1)  It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

(2)  It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(3)  Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(4)  The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city 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 chapter, within 90 days after official notice to do so; provided, that said public sewer is within 160 feet of the property line.

(5)  The city engineer may require owner to design, build, and install a "STEP" system in order to gain access to the public sewer system. Owner will be required to enter into a sewer agreement with the city. Such agreement shall contain the following conditions:

(a)  The design of the system, the equipment to be installed, and the materials to be used must be approved by the city engineer.

(b)  The installation of the system must be approved by the city.

(c)  The costs of the system, directly and indirectly, shall be paid by owner. Special fees are authorized, and are to be based on administrative costs incurred by the city. Such fees shall be set by resolution.

(d)  When system is completed and installed, owner shall transfer ownership of pump, lines, and appurtenances thereto to the city. Owner shall execute easement, where the pump, lines and appurtenances are on private property.

(e)  Owner shall be responsible for the maintenance and repair of such lines and equipment. Any such work must be done with the approval of the city engineer. Failure to maintain or repair shall be deemed to be a breach of the agreement.

(f)  Owner shall pay all other fees as normally required by this chapter.

(g)  The city engineer may set any other conditions that are consistent with the purpose of this chapter. (Ord. 2584, 1989; Ord. 2570 § 2, 1989)

13.12.030 Private sewage disposal.

(1)  Where a public sanitary sewer is not available under the provisions of SHMC 13.12.020, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. Such private systems may only be developed or maintained when it is determined by the city council that unusual circumstances exist and that no feasible cost-benefit means exist for the building sewer to be connected to the public sanitary sewer.

(2)  Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the DEQ or other agency having jurisdiction.

(3)  At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in SHMC 13.12.020, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facility shall be abandoned in accordance with state law at no expense to the city.

(4)  The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city.

(5)  No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the DEQ.

(6)  Temporary use of portable privies may be authorized by the superintendent where found necessary to serve workers on a construction project or to otherwise serve a short-term or emergency need. (Ord. 2570 § 3, 1989)

13.12.040 Building sewers and connection.

(1)  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 sewer service connection permit. The cost of such permit may include a system development charge as well as connection costs incurred by the city. Such costs will be set by resolution.

(2)  There shall be two classes of building sewer permits:

(a)  For residential and commercial service; and

(b)  For service to establishments producing industrial or nonresidential wastes.

In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee shall be paid to the city at the time the application is filed.

(3)  All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(4)  A separate and independent building sewer shall be provided for every building receiving residential and commercial service; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. This prohibition does not apply to industrial service.

(5)  Old building sewers, herein defined as those that have not been in use for two years, may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. The fee for a permit shall be in addition to the plumbing inspection fee mandated by the Uniform Building Code.

(6)  The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the State Plumbing Code and other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriated specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(7)  Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(8)  No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer.

(9)  The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(10)  The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative.

(11)  All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(12)  Service Laterals. Service laterals from a structure to the main sewer line shall be maintained by the owner of said structure in such a manner as to prevent infiltration of groundwater into the collection system. (Ord. 2623, 1991; Ord. 2576, 1989; Ord. 2570 § 4, 1989)

13.12.050 Use of the public sewers.

(1)  No person shall discharge or cause to be discharged any storm water, surface water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(2)  No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a public sanitary sewer.

(3)  Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent and appropriate state and federal agencies, to a storm sewer, combined sewer, or natural outlet.

(4)  No person shall discharge or cause to be discharged any pollutant to any public sewers in a quantity which may interfere with the operation or performance of the city sewerage system, including but not limited to any of the following substances:

(a)  Any liquids, solids or gases which either alone or in combination with other pollutants may support combustion or cause explosion, or fire, or be injurious in any other way to the city sewage system or its operations, such as but not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, fuel oil, or other flammable or explosive liquid, solid, or gas. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the city sewerage system (or at any point in the city sewerage system) be more than five percent nor any single reading over 10 percent of the lower explosive limit of the meter.

(b)  Any water or wastes containing toxic pollutants which either alone or in combination with other pollutants may injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, create any hazard or toxic effect in the receiving waters of the sewage treatment plant or exceed any limitation set forth in a National Categorical Pretreatment Standard or any other pretreatment standard.

(c)  Any waters or wastes having a pH lower than 5.5 or greater than 10.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the city sewage works.

(d)  Solid or viscous substances in quantities or of such size which either alone or in combination with other pollutants may cause obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, ashes, cinders, sand, spent lime, stone or marble dust, mud, glass grinding or polishing wastes, straw, shavings, metal, glass, rags, feathers, grass clippings, spent grains or hops, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, plastics, wood, unground garbage, whole blood, paunch manure, hair, hides or fleshing, animal guts or tissues, bones, entrails, waste paper, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(5)  No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on receiving stream, or can otherwise endanger life, limb, public property, or constitute nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent may give consideration to such factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(a)  Any liquid or vapor having a temperature which will inhibit biological activity in the treatment plant or stimulate excessive biological activity in the city sewerage system, but in no case wastewater with a temperature at the point of discharge in to the city systems which exceeds 150 degrees Fahrenheit or with a temperature which exceeds 104 degrees Fahrenheit at the treatment works influent.

(b)  Any water or wastes containing fats, wax grease or oils whether emulsified or not, in excess of 300 mg/L of solution as determined by freon extraction per 40 CFR 136.3 or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit.

(c)  Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourth horsepower or greater shall be subject to the review and approval of the superintendent.

(d)  Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(e)  Any waters or wastes containing antimony, arsenic, barium, beryllium, bismuth, boron, cadmium, iron, chromium (hexa), chromium (tri), cobalt, lead, manganese, mercury, molybdenum, nickel, rhenium, selenium, silver, strontium, tellurium, tin, uranyl ion, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.

(f)  Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(g)  Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(h)  Any substance which will cause the city to violate its NPDES permit.

(i)  Materials which exert or cause:

(i)  Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(ii)  Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(iii)  Unusual BOD, COD, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(iv)  Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

(j)  Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water.

(k)  Any noxious or malodorous liquid, gas, or solid which, either alone or in combination with other pollutants, is sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the city sewerage system for maintenance or repair.

(l)  Any substance which may cause the city sewerage system’s effluent or any other product of the city sewerage system, such as residues, sludges, or scums, to be unsuitable for reclamation process.

(m)  Any pollutants at a flow rate and/or pollutant discharge rate which are excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. In no case shall a slug load have a flow rate or discharge quantities of pollutants as herein defined.

(6)  If any water or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection (4) of this section, and which, in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may take any of the following actions:

(a)  Reject the wastes;

(b)  Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)  Require control over the quantities and rates of discharge; and/or

(d)  Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of SHMC 13.12.100.

If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.

(7)  Grease, oil, and sand interceptors shall be provided when in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters of dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. The building owner shall be responsible for proper cleaning and disposal of intercepted materials and maintenance of interceptors.

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

(9)  When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial or nondomestic wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(10)  All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.

(11)  The owner shall submit monthly to the superintendent a certified statement of the quantities of the industrial waste discharged to the sewage works. The total quantities of industrial waste to be measured and certified by the owner shall be:

(a)  Liquid in gallons.

(b)  Five-day BOD pounds.

(c)  Suspended solids in pounds on a dry solid basis.

Additionally, superintendent may require a user of sewer service to provide other information needed to determine compliance with this chapter. These requirements may include:

(d)  Discharge peak rate and volume over specified time periods.

(e)  Chemical analysis of wastes.

(f)  Information of raw materials, processes, and products affecting industrial waste volume and quality.

(g)  Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use controls.

(h)  A plot plan of sewers on the user’s property showing sewer and pretreatment facilities.

(i)  Details of pretreatment facilities.

(j)  Details of systems to prevent and control the losses of materials through spills to the city’s sewage works.

(k)  Regular reports of quality and quantity parameters of wastes discharged to the sewer works.

(12)  Sampling, measurements, tests and analysis of the characteristics of the waters and wastes to which reference is made in subsection (11) of this section shall be determined at the control structure provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling, measurement, tests and analyses shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. Customarily accepted methods shall be as established by the superintendent, taking into account such national standards as "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association.

(13)  No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

(14)  No person shall use the city’s sewage works for treatment and disposal of sewage where created or generated outside of Columbia County except by special permit. Such permit may be granted on terms and conditions as approved by the city engineer. (Ord. 2630, 1991; Ord. 2570 § 5, 1989)

13.12.060 Restricted substances.

(1)  No nonresidential user shall discharge waste containing restricted substances into the city sewerage system, in excess of limitations specified by conditions of its wastewater discharge permit or published by the city administrator. The city administrator shall publish and revise from time to time standards which establish limits for restricted substances. At all times these standards should cover and be at least as strict as those for pollutants as defined in state and federal regulations. Discharge permits or standards in effect and incorporated into any issued wastewater discharge permit remain in effect for that permit until it expires, except as modified as provided in SHMC 13.12.080.

(2)  Subject to further limitation by the city administrator pursuant to subsection (1) of this section, no nonresidential user shall discharge wastewater containing in excess of:

Additional parameters or more restrictive maximum quantities may be required if the material discharged might cause interference with the operation of the wastewater treatment plant or violation of federal or state limits, standards or laws.

(3)  No nonresidential user shall increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the standards contained in this chapter.

(4)  Any nonresidential user or employee thereof becoming aware of a discharge in violation of this chapter into the city sewerage system shall report such discharge immediately be telephone to the city administrator. Prompt notification of such discharges will allow the city to take necessary precautions to minimize hazards and to prevent damage to the receiving waters, thereby avoiding or minimizing discharge violations and fines from state and federal regulatory agencies and the city. The notification shall include the location of the discharge, type, concentration and volume of pollutant and corrective actions proposed and/or taken.

(5)  Within five days following such a discharge as in subsection (4) of this section, the nonresidential user shall submit to the city administrator a detailed written report describing the cause and location of the discharge, the type, concentration and volume of pollutant discharged, and any hazards which may be posed to life or property and the measures taken or to be taken to prevent similar future occurrences.

(6)  Notice to Employees. Each nonresidential user subject to SHMC 13.12.080(1)(a) shall permanently post a notice on its bulletin board or other prominent place advising employees whom to call in the event of a discharge violation of this chapter. Employers shall ensure that all employees likely to detect such discharge are advised of the emergency notification procedure. (Ord. 2570 § 6, 1989)

13.12.070 Fees.

(1)  It is the purpose of this section to reduce the city’s cost of implementation of the pretreatment program through a system of equitable charges or fees to be paid by the nonresidential users of the city sewerage system who are subject to SHMC 13.12.080(1)(a) for certain services. The applicable charges or fees shall be set by resolution.

(2)  The city administrator may adopt fees to reduce the city’s cost of providing the following services:

(a)  Setting up and operating the pretreatment program.

(b)  Sampling, monitoring, inspections and surveillance procedures.

(c)  Reviewing accidental discharge procedures and construction.

(d)  Reviewing and acting upon permit applications.

(e)  Other services as the city administrator may deem necessary to carry out the requirements contained herein.

(3)  All other fees are to be set by resolution. (Ord. 2570 § 7, 1989)

13.12.080 Administration.

(1)(a)  Each nonresidential user discharging, proposing to discharge or having the potential to discharge significant contributions of wastewater containing restricted substances into the city sewerage system shall secure a wastewater discharge permit from the city if the nonresidential user:

(i)  Is subject to national categorical pretreatment standards promulgated by EPA under Section 307(b) or (c) of the Clean Water Act (CWA);

(ii)  Has in its waste toxic pollutants as defined pursuant to Section 307 and 502 of the CWA;

(iii)  Has a nondomestic flow of 25,000 gallons or more per average work day;

(iv)  Contributes more than five percent of the average dry weather hydraulic, organic or solids handling load to the city’s wastewater treatment plant; satisfies other, or more restrictive pretreatment criteria;

(v)  Is determined by the state to have a significant impact or potential for significant impact to adversely affect the city sewerage system by either upset, inhibition, pass through of pollutants, sludge contamination or other means.

(b)  Existing nonresidential users shall apply for a wastewater discharge permit within 90 days after becoming subject to the requirements of subsection (1)(a) of this section. New nonresidential users subject to the requirements of subsection (1)(a) of this section shall apply at least 90 days prior to connecting to or discharging to the city sewerage system.

Any nonresidential user with a valid permit and proposing to make a change in its existing discharge which will substantially change the volume of flow or the characteristics of the discharge or establish a new point of discharge, shall apply for an amended permit at least 60 days before making such change.

Applications shall be made to the city administrator in writing on forms provided by the city and shall include the following information:

(i)  Name, address, telephone number and authorized representative of the applicant and service address.

(ii)  SIC number.

(iii)  A list of environmental control permits held by or for the applicant.

(iv)  A list of wastewater pollutants and their characteristics actually or potentially discharged at the applicable plant site including measure or estimated daily average and daily maximum concentrations of these pollutants.

(v)  A description of spill prevention measures or plans which are currently in place in the plant.

(vi)  Water use and wastewater flow rates, including maximum daily, average daily, average monthly and seasonal variations, if any.

(vii)  A schematic diagram of applicant’s industrial processes including a listing of estimated average water flow through each process and indicating point of discharge to city sewerage system. Also, a detailed site, floor or plumbing plan showing the size and location of all sewers, sewer connections and appurtenances.

(viii)  A description of activities, facilities, and plant processes on the premises including a description of types and quantities of products produced, manufacturing methods used, types and quantities of principal and minor materials used, and a work and production schedule for the plant.

The city administrator will evaluate the data furnished by the nonresidential user and may require additional information or sampling of wastewater characteristics. If the proposed discharge meets the requirements of this chapter, the city will issue a wastewater discharge permit subject to appropriate terms and conditions.

(c)  Discharge conditions included in a wastewater discharge permit shall remain in effect for that permit until it expires, except that they may be revised from time to time, as the city administrator deems necessary to effectively mange industrial waste discharge. The nonresidential user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change except in the event of an emergency.

(d)  Permits shall be issued for a specified time period, not to exceed five years. The industrial user shall apply for permit reissuance a minimum of 90 days prior to the expiration of this existing permit if it desires to continue the uninterrupted discharge of restricted substances.

(e)  Wastewater discharge permits shall be expressly subject to all provisions of this chapter. Permits may contain the following conditions:

(i)  Payment of applicable fees.

(ii)  Limits on the average and maximum discharge of restricted substances.

(iii)  Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(iv)  Requirements for installation and maintenance or pretreatment, inspection or monitoring sampling facilities.

(v)  Specifications for monitoring and sampling programs which may include monitoring sampling locations, frequency of monitoring sampling, number, types and standards for tests and reporting schedules.

(vi)  Compliance schedules.

(vii)  Requirements for submission of technical reports or discharge reports.

(viii)  Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city administrator, and affording the city administrator access thereto.

(ix)  Requirements for notification of the city of any new introduction of restricted substances or any substantial change in the volume or character of the wastewater or restricted substances being discharged into the city sewerage system.

(x)  Requirements for notification of slug discharges.

(xi)  Other conditions as deemed appropriate by the city administrator to achieve compliance with this chapter.

(f)  A wastewater discharge permit will be issued to a specific nonresidential user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold without the approval of the city administrator. Any succeeding nonresidential user shall agree to comply with the terms and conditions of the existing permit as a condition precedent to the approval by the city administrator of a transfer sale or assignment of the permit.

(2)  Permit holders will be required to submit information, certifications, compliance schedules and samples of discharge or perform such tests and report such test results to the city administrator as follows:

(a)  When required by the terms and provisions of 40 CFR 403.12, as amended through the effective date of the ordinance codified in this chapter;

(b)  When requested by state or local public agencies; or

(c)  When deemed necessary by the city administrator for the proper treatment, analysis or control of discharge. All such tests and reports shall be at the cost of the permit holder.

The city shall have the right to implement and enforce the requirements of 40 CFR 403.12 by order of the city administrator. When deemed necessary by the city administrator, a permit holder may be required to obtain, install, operate and maintain an automatic sampler, analyzer or flow measuring device to monitor its discharges in the manner directed by the city.

All sampling and analysis shall be done in a manner and by a laboratory previously approved by the city administrator. The city administrator shall require all analysis related to National Categorical Pretreatment Standards to be performed in accordance with the procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 or other applicable analytical procedures approved by the EPA.

To the degree practicable, the city administrator will provide each permit holder or applicant with information on applicable local, state and federal wastewater analysis and reporting requirements; provided however, that any failure to do so shall not excuse the permit holder from compliance with said requirements.

(3)  When required by the city administrator, the permit holder shall install and maintain at its expense a suitable control manhole to facilitate observation, sampling, and measurement of wastewater being discharged into the city sewerage system. Such manhole shall be located, if feasible, where it is accessible from a public road or street. It shall be constructed in accordance with plans and at a location approved by the city administrator and shall be arranged so that flow measuring and sampling equipment and a shutoff gate or screen may be conveniently installed by the city.

(4)  The city shall have the right to inspect the facilities of any nonresidential user subject to subsection (1)(a) of this section as necessary to determine compliance with pretreatment standards. These inspections shall take place whether or not the provisions of this chapter are being complied with. The owner, operator or agent in charge of premises where wastewater is created or discharged shall allow authorized representative of the city, state and EPA, upon presentation of their credentials, access at all reasonable times to all parts of the premises for the purpose of the performance of any of their duties, including, but not limited to, inspection, observation, sampling, and/or records copying and examination. The city, state and EPA shall have the right to set up on the nonresidential user’s property such devices as may be necessary or proper to conduct sampling, observation, inspection, compliance monitoring and/or metering operations. The nonresidential user shall make arrangements with its employees so that upon presentation of their credentials, representatives from the city, state or EPA will be permitted to enter, without delay, for the purpose of performing their responsibilities.

(5)  As a condition of the granting of a wastewater discharge permit, the permit holder may be required to install pretreatment facilities or make plant or process modifications as deemed necessary by the city administrator to meet the requirements of this chapter.

Whenever such facilities or modifications are required, they shall be constructed, installed, operated and maintained at the expense of the permit holder and in a manner and within the time prescribed by the city administrator. The permit holder shall maintain records indicating routine maintenance check dates, cleaning and waste removal dates and means of disposal of accumulated wastes. Such records shall be retained for a minimum of three years and shall be subject to review in accordance with subsection (4) of this section. Approval of proposed facilities or modifications by the city administrator will not in any way guarantee that these facilities or modifications will function in the required manner or attain the required results, nor shall it relieve a permit holder of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the applicable standards, limitations and conditions of a wastewater discharge permit.

(6)  Information and data obtained by the city from reports, questionnaires, permit applications, permits and monitoring programs shall be available to the public and other governmental agencies without restriction unless the permit holder requests in writing that it be confidential and demonstrates to the satisfaction of the city administrator that such records are exempt from disclosure under ORS 192.500(1)(b), (e), or (2)(g). Notwithstanding anything therein to the contrary, all such data shall be available at least to the extent necessary so that the city administrator can ensure compliance with the requirements of 40 CFR 2.302 and to state and federal agencies as required during judicial or enforcement proceedings involving the nonresidential user.

When confidentiality is requested and the right thereto is established by the permit holder, the confidential information shall not be made available for inspection by the public but may be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, or pretreatment programs. However, all portions of a report shall be available for use by city, state or any state agency in judicial or enforcement proceeding involving the person furnishing the report. (Ord. 2570 § 8, 1989)

13.12.090 Enforcement.

(1)  Any discharge in violation of this chapter, the conditions of the wastewater discharge permit, or any other violation of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated or enjoined and damages assessed therefor in accordance with other provisions in the city code or in any other manner provided by law.

(2)  In the event of any actual or threatened discharge into the city sewerage system in violation of this chapter or the conditions of a wastewater discharge permit, such discharge presents an imminent or existing danger to the health and welfare of persons, property or the environment or which has caused or will cause damage to or interference with the operation of the city sewerage system, the city administrator may issue an order to cease and desist and direct that those nonresidential users responsible for such violation:

(a)  Comply forthwith;

(b)  Comply in accordance with the time schedule set forth by the city administrator; or

(c)  Take appropriate remedial or preventive action.

(3)  If the nonresidential user in noncompliance fails to comply with the order, the city shall take such steps as are deemed necessary or proper including immediate severance of the sewer connection. The city shall reinstate the wastewater treatment service upon proof of the elimination of the actual or threatened violation. The filing of an appeal pursuant to SHMC 13.12.100 shall not stay enforcement of the city administrator.

(4)  If the city administrator finds that a discharge has taken or may take place in violation of this chapter or the conditions of a wastewater discharge permit, the city administrator may require the nonresidential user to submit for approval, within such time and with such modifications as the city administrator deems necessary, a detailed time schedule or specific actions which the nonresidential user shall take in order to prevent or correct the violation.

(5)(a)  Any nonresidential user who violates any of the provisions of SHMC 13.12.060 or 13.12.080 or the conditions of its wastewater discharge permit which health, property or the environment or which violation will not cause damage to or interference with the operation of the city sewerage system, may have its wastewater discharge permit revoked and sewer connection severed by order of the city administrator.

(b)  The order shall be signed by the city administrator and shall specify the nature and source of the violations. The order shall be delivered or sent by regular mail to the address of the nonresidential user as shown on the permit. The order may specify the corrective actions to be taken and shall allow reasonable time for satisfactory correction. If the permit holder does not correct the violation within the time specified, or such additional time as may be allowed by the city administrator, then the wastewater discharge permit shall be revoked and the sewer connection severed as provided in the order. Correction of the violation shall not include assessment of monetary penalties.

(c)  The filing of an appeal pursuant to SHMC 13.12.100 shall stay enforcement of the action by the city administrator under this subsection pending final administrative action on the appeal. This provision supplements and does not restrict other provisions of this code, laws, or regulations authorizing termination of service for delinquency in payments of fees or charges.

(6)  The city will publish in a daily newspaper with the largest daily circulation in the metropolitan area in addition to the local newspaper of record, not less than annually, a list of those nonresidential users, which during the previous 12 months were determined to be responsible for wastewater discharge permit violations. This notification will summarize enforcement action by the city during the same 12 months. For purposes of this provision, a significant violation is one which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a 12-month period; which involves a failure to accurately report noncompliance; or which resulted in the issuance of a cease and desist order.

(7)  The city administrator is authorized and directed to promulgate such rules and regulations as may be deemed necessary or proper to carry out the purposes or provisions of this chapter. Nothing in this chapter shall prevent the city administrator from seeking judicial or governmental agency assistance to implement the purposes and provisions of this chapter. (Ord. 2570 § 9, 1989)

13.12.100 Appeals.

(1)  Any person aggrieved by any decision or action of the city administrator may file a written request with the city administrator for reconsideration thereof within 10 days of justification of such decision or action. The notice of appeal shall be on a form provided by the city administrator and shall set forth in reasonable detail the decision or action appealed from and the facts and arguments supporting the appellant’s request for reconsideration. The city administrator shall render a final written determination within 10 days of the receipt of such request for reconsideration. The city administrator may establish such procedures, as may be deemed necessary or proper to conduct the reconsideration process. The filing of a request for reconsideration shall be a condition precedent to the right to appeal to the city pursuant to subsection (2) of this section.

(2)  Any person aggrieved by the final determination of the city administrator may appeal such determination of the city within 10 days of notification by the city administrator of the final determination. Written notification of such appeal shall be filed with the city and city administrator within 10 days after receipt of the final determination of the city administrator. The notice of appeal shall be on a form provided by the city and shall set forth in reasonable detail the decision or action appealed from and the facts and arguments supporting the appellant’s request for reversal or modification of the city administrator’s determination.

(3)  A hearing shall be conducted on the appeal according to procedures to be established by the city. The city administrator shall submit a copy of its findings and recommendations regarding the appeal of the city council within 10-day after the hearing. The city council may hold a hearing on the recommendations and, in any event, shall take action on the recommendations within 20 days after their filing. (Ord. 2570 § 10, 1989)

13.12.110 Collection of costs and penalties.

(1)  Any person who violates this chapter or a condition of a wastewater discharge permit, as a result of which the city performs or causes to be performed preventive or corrective work or which results in damage to the city sewerage system, shall be liable to the city for such damage and the cost of such corrective work, additional treatment and for any penalties, including withholding of any grant money, levied against the city for violation of state or federal permits resulting from said violation. The city may collect such charges in the manner provided in this code for the collection of sewer user charges, in accordance with any other provisions of this code, or in any other manner provided by law.

(2)  Any person who violates any provision of this chapter or any provision of a wastewater discharge permit shall be liable civilly to the city in a sum not to exceed $2,000 for each day in which such violation occurs.

(3)  Any person who knowingly (a) violates this chapter or any provision of a wastewater discharge permit or (b) makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or a wastewater discharge permit or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required under this chapter or a wastewater discharge permit shall, upon conviction, be punished by a fine of not to exceed $2,000 or by imprisonment for not more than 100 days, or both.

(4)  The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the city. (Ord. 2570 § 11, 1989)

13.12.120 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 part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 2570 § 12, 1989)

13.12.130 Powers and authority of inspectors.

(1)  The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(2)  While performing the necessary work on private properties referred to in subsection (1) of this section, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions as required in SHMC 13.12.050(9).

(3)  The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance or any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 2570 § 13, 1989)

13.12.140 Penalties.

(1)  Any person found to be violating any provisions of this chapter except SHMC 13.12.100 shall be served by the city 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.

(2)  Any person who shall continue any violation beyond the time limit provided for in SHMC 13.12.090(5)(b) shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding $2,000 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

(3)  Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 2570 § 14, 1989)