Chapter 12.10
SEWER CODE

Sections:

12.10.010    Short title.

12.10.020    Definitions.

12.10.030    Use of public sewer/connection required.

12.10.040    Availability of public sewer.

12.10.050    Private sewer system.

12.10.060    Side sewer maintenance.

12.10.070    Sewer permit required.

12.10.080    Local permit process.

12.10.090    Side sewer application contents.

12.10.100    Complete application.

12.10.110    Application approval.

12.10.115    Sewer connection fees.

12.10.120    Permit issuance.

12.10.130    Unlawful to alter permit.

12.10.140    Sewer connection records.

12.10.150    Permit expiration.

12.10.160    Side sewer connection prohibited without permit.

12.10.170    Public sewer connection.

12.10.180    Alteration or tampering prohibited.

12.10.190    Excavation barricades.

12.10.200    Additional work.

12.10.210    Disconnection.

12.10.220    Construction standards.

12.10.230    Owner responsibility for costs/indemnity.

12.10.240    Permit fees.

12.10.250    City installation and personnel charges.

12.10.260    Existing service connection.

12.10.280    Inspection fees.

12.10.290    Service charges—Payment and collection.

12.10.295    Inactive sewer service system development charges.

12.10.300    Industrial connection charges.

12.10.310    Industrial testing charges.

12.10.320    Inspection.

12.10.330    Notification.

12.10.340    Excavation time limit.

12.10.350    City charges for failure to construct.

12.10.360    Inflow diversion.

12.10.370    Illegal connections.

12.10.380    Unlawful to tamper with system.

12.10.390    Backfilling required.

12.10.400    General prohibited discharges.

12.10.410    Specific prohibitions.

12.10.420    Pretreatment required.

12.10.430    Interceptors.

12.10.440    Industrial waste.

12.10.450    Unusual waste.

12.10.460    Restrictions on trees and shrubs.

12.10.470    Authority of superintendent.

12.10.480    Regulation authority.

12.10.490    Penalties.

12.10.500    Notice of violation and correction.

12.10.510    Interest/collection costs.

12.10.010 Short title.

This chapter shall be known as the sewer code and be cited as such. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.020 Definitions.

As used in this chapter:

A.    “BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard conditions in five days at twenty degrees Centigrade, expressed in parts per million by weight, as defined in standard methods (see subsection FF of this section, below).

B.    “Building drain” means the sewer pipe used for conveying sewage from within the building to a point five feet outside the foundation wall, and if there is no foundation wall, to a point five feet beyond the outer line of any footing, piling, building support, or porch under which it may run; whether such drain consists of one line extending from the building or of two or more such lines.

C.    “City” means the city of Bridgeport.

D.    “City Hall” means the City Hall of the city of Bridgeport.

E.    “Clerk” means the clerk-treasurer of the city of Bridgeport.

F.    “Council” means the city council of the city of Bridgeport.

G.    “Cross connection” means any physical arrangement connecting a public water system, directly or indirectly, with anything other than another potable water system and capable of contaminating the public water system including, but not limited to, an auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality. Bypass arrangements, jumper connections, removable sections, swivel or change over devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross connections.

H.    “DOE” means the Washington State Department of Ecology or its authorized deputy, agent, or representative.

I.    “Drain” means any conductor of liquids.

J.    “Fats, oils, and greases” means oil and grease as determined by the partition-gravimetric method described in standard methods.

K.    “FWPCA” means Federal Water Pollution Control Act (133 USC Section 466 et. seq.) as now exists or as hereafter amended.

L.    “Garbage” means solid waste from the preparation, cooking and dispensing of food and from the handling, sale and storing of produce.

M.    “General sewer plan” means the city’s general sewer plan, as adopted by resolution of the council and as may be hereafter amended.

N.    “Industrial waste” means the wastes from industrial processes, or commercial processes, as distinguished from sanitary sewage. The term includes contaminated stormwater.

O.    “Inflow” means the addition of rainfall caused surface water drainage to such as stormwater from, cooling water from refrigeration or other equipment, uncontaminated industrial process wastewater, which does not contain human wastes or polluting matter that would be subject to the regulations of DOE, including but not limited to water from roof drains, yard drains, basement drains, street catch basins, to treatment at the city’s treatment facilities.

P.    “Interceptor” means a grease and/or sediment trap.

Q.    “Occupant” means any person or owner in physical possession of the building or structure to which sewer service is available.

R.    “Permit” means a permit issued in conjunction with any provision of this chapter which permit shall be posted on the premises and shall be readily and safely accessible to the public works superintendent.

S.    “Person” or “owner” means any individual, firm, company, association, society, corporation, or group.

T.    “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in moles per liter of solution.

U.    “Potable water” means water which is suitable for drinking, culinary and domestic purposes and meets the Washington State Drinking Water Standards.

V.    “POTW” means “publicly owned treatment works.”

W.    “Private sewer” means the sewer line and disposal system constructed, installed, or maintained where connection with the public sewer is not required herein.

X.    “Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particles greater than 3/8 inch in any dimension.

Y.    “Public place” or “public area” means any space dedicated to or acquired for the use of the general public.

Z.    “Public sewer” means a sewer, including any pumps, which is constructed within public property, easements, or rights-of-way and which is owned, operated, and maintained by the city.

AA.    “Sanitary sewage” means the water-carded wastes from residences, businesses, and institutional establishments, which wastes contain human wastes and polluting matter subject, by the regulations of DOE, to treatment at the city’s treatment facilities.

BB.    “Sewage” means the water-carried wastes from any source that would be subject, by the regulations of DOE, to treatment at the city’s treatment facilities.

CC.    “Sewer” means a pipe or conduit for carrying sewage.

DD.    “Sewer line extension” means any pipe added or connected to an existing sewerage system together with any pump stations; provided, that the term does not include gravity side sewers which connect individual building or dwelling units to the sewer system when these side sewers are less than one hundred fifty feet in length and not over six inches in diameter (Chapter 173-240 WAC).

EE.    “Side sewer” means the sewer extending from the city’s public sewer to the building drain.

FF.    “Standard methods” means the current edition of the book titled Standard Methods for the Examination of Water and Wastewater, jointly published by the Water Pollution Control Federation, American Water Works Association, and the American Public Health Association as now exists or as may be hereafter amended, a copy of which is on file at City Hall.

GG.    “Superintendent” means the public works superintendent of the city of Bridgeport or his authorized designee.

HH.    “Suspended solids” means solids that either float upon, sink within, or are in suspension in water, sewage, or other liquids, and which are removable by filtration, as defined in standard methods as total filterable residue dried at one hundred three to one hundred five degrees Centigrade.

II.    “Wastewater operator” means the certified waste-water treatment plant operator in responsible charge of the city wastewater treatment plant as required by Chapter 70.95B RCW and Chapter 173-230 WAC, as now exist or as may be hereafter amended, or his/her authorized representative, deputy, or agent.

JJ.    “Water distribution manager” means the certified water distribution manager in responsible charge of the city water system as required per Chapter 70.119 RCW and Chapter 285-55 WAC or his/her authorized representative, deputy, or agent.

KK.    “Water/sewer construction standards” means the standards for construction of sewer and water lines and appurtenances, as promulgated by the wastewater operator and the water distribution manager from time to time, as now exist or as may be hereafter amended, a copy of which is on file at City Hall. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.030 Use of public sewer/connection required.

A.    It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

B.    Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facilities intended or used for the disposal of sewage.

C.    The owner of each lot or parcel of real property within the city, upon which lot or parcel there is situated any building or structure for human occupancy or use for any other purpose, which necessitates sewage disposal, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage as defined herein, with the public sewer system at his/her own expense within ninety days after acceptance by the city of the public sewer line capable of serving such lot or parcel and after official written notice to the owner to do so.

All property on which existing buildings are situated shall be deemed capable of being served by sewer lines of the city if the first floor plumbing of the building or structure located thereon can be served into the city sewer lines by gravity flow, even though the basement drains of such building or structure cannot be served by gravity flow into the city sewer lines.

D.    All new structures shall be served by sewer lines of the city, subject to the availability standards in Section 12.10.040. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.040 Availability of public sewer.

Whenever a public sewer becomes available, i.e., within two hundred feet of any part of the property upon which is located a private sewer system, and such lot or parcel is capable of being served by such public sewer, as provided in Section 12.10.030, a direct connection shall be made to the public sewer within ninety days after date of official written notice to the owner to do so. Installation shall be in compliance with this chapter. Septic tanks, cesspools or similar private sewage disposal facilities shall be removed, or shall be abandoned and filled with suitable material in a manner approved by the wastewater operator, and pursuant to WAC 246-272, as now exists or as may hereafter be amended. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.050 Private sewer system.

A.    Where the superintendent determines that a property is incapable of being served by the public sewer system, a private sewer system shall be constructed. The private sewer system shall comply with all recommendations and regulations of the Chelan-Douglas health district, the state of Washington Department of Health and the Department of Ecology.

B.    No private sewer, septic tank or cesspool shall be permitted to discharge to any public sewer, natural outlet, or to ground surface. The owner shall operate and maintain the private sewer in a sanitary manner at all times at no expense to the city. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.060 Side sewer maintenance.

A.    The side sewer shall be owned, repaired and maintained by the owner of the property served. However, any meter, remote readout, meter pit, vaults, covers and meter risers shall be maintained, repaired and tested by the city for all active service connections.

B.    All costs and expenses incident to the installation and connection of the side sewer shall be the responsibility of the owner. The owner shall indemnify, defend and hold the city harmless from any loss or damage that may result from the construction, connection or installation of the side sewer.

C.    In the event the side sewer and connection to the public sewer are not made within the time herein provided, and following notice as provided, the superintendent is authorized and directed to cause the same to be made and file a statement thereof with the clerk and thereupon a warrant shall be issued under the direction of the city council for the payment of such costs.

Such amount, together with a penalty of ten percent thereof, plus interest at the rate of eighteen percent per annum upon the total amount of the cost and the penalty, shall be assessed against the property upon which the side sewer connection has been made by, or by the directions of the public works superintendent as required and shall become a lien thereon as herein provided. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.070 Sewer permit required.

A.    It is unlawful for any person to make any connection with, commence construction of, change the use of, or expand the use of, any public or side sewer or to make any sewer line extension, without complying with all of the provisions of this chapter and obtaining a permit to do so from the city.

B.    No side sewer permit will be issued for a side sewer service to a new building except in conjunction with a building permit. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.080 Local permit process.

An application for a side sewer permit without SEPA review shall be a Type I action and a side sewer permit subject to SEPA review shall be a Type IIA action, as set forth in Title 19 of the Bridgeport Municipal Code, as now exists or as may be hereafter amended. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.090 Side sewer application contents.

In addition to the requirements for a completed application as set forth in Section 19.02.020 of the Bridgeport Municipal Code, as now exists or as may be hereafter amended; the application for the permit for a side sewer required by the foregoing section accompanied by the application fee as adopted by city council resolution, shall be filed with the city on a form provided by the city, which form shall include, but is not limited to, the following information:

A.    The name and address of the owner, billing address, address and legal description of the property to be served;

B.    The building permit number or building official’s signature signifying that no permit is required;

C.    The dimensions and locations of any buildings on the property;

D.    The use for which the service is intended and the number of dwelling, office, commercial or other units on the property;

E.    The location of all sewer, drain, potable water, and nonpotable lines within the property to be served or property through which the service must cross and legal descriptions of all easements for these purposes;

F.    Construction specifications, including but not limited to, pipe, meter service, pressure reducer (where applicable);

G.    Any other information, due to the particular circumstances of the property or use thereof, which the superintendent or city clerk reasonably deems necessary to ascertain whether or not the permit should be issued. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.100 Complete application.

The application shall be reviewed for completeness and initialed by the superintendent and city clerk. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.110 Application approval.

A.    The application shall be submitted to the superintendent, who may approve the application if it complies with all applicable regulations, this chapter, the current edition of the building and plumbing code adopted by the city and the water/sewer construction standards.

B.    If the proposed side sewer is not acceptable, the superintendent may deny the permit, or may request specific changes which would make the permit acceptable.

C.    If the applicant wishes to change the design of the side sewer to comply with the requests of the superintendent, this shall constitute a request for an extension of time for review. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.115 Sewer connection fees.

Prior to permit issuance, the applicant shall pay the connection fee for connection to the city sewer system as established by city council resolution from time to time. The connection fee shall reflect the historical costs associated with the establishment of the existing city sewer system. (Ord. 579 § 1, 2007)

12.10.120 Permit issuance.

After review and approval as hereinabove required, the clerk shall, upon receipt of all fees and charges due sign the application and issue the permit. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.130 Unlawful to alter permit.

Upon approval of the application and issuance of the permit, it is unlawful to alter said permit or to perform any work other than is provided for and as described in said permit. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.140 Sewer connection records.

The superintendent shall prepare and keep on file in his/her office all records of sewer connections showing the information obtained in the course of inspection of the work completed under such permits. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.150 Permit expiration.

No permit issued pursuant to this chapter shall be valid for a period longer than ninety days except that one ninety-day extension may be granted by the city clerk-treasurer upon application therefor prior to the expiration of same. Failure to renew said permit prior to the expiration thereof, and extensions beyond the aforementioned one extension, shall require payment of a new permit fee. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.160 Side sewer connection prohibited without permit.

A.    It is unlawful to construct, extend, relay, change the use of, expand the use of, or to make connection to any side sewer, inside the property line, without obtaining a permit from the city as hereinabove provided.

B.    The city may issue such permit to the owner or occupant of any property to construct, extend, relay, change the use of, expand the use of, or make connections to any side sewer inside the property lines; in such event, however, such owner or occupant shall comply with the applicable provisions of this chapter. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.170 Public sewer connection.

It is unlawful for any person to construct a sewer line extension or to make any connection to any public sewer, or to lay, repair, alter, or connect any side sewer in any public area, except by city utility personnel or a contractor licensed pursuant to RCW 18.27, as now exists or as may be hereafter amended, acting under the supervision of the superintendent. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.180 Alteration or tampering prohibited.

It is unlawful for any person to connect to, alter, tamper with, or extend any public sewer, except in accordance with the conditions of a permit and subject to the water and sewer construction standards on file at City Hall and under the supervision of the superintendent. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.190 Excavation barricades.

It is unlawful for any person, whether owner, occupant, or licensed contractor, to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public place or fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.200 Additional work.

When a permit has been issued as herein provided, no work other than that covered by the permit shall be done without the approval of the city; if the superintendent deems the additional work of sufficient consequence, a new permit may be required to cover the same. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.210 Disconnection.

It is unlawful to disconnect any side sewer, or remove any portion of a side sewer without securing a permit from the city to do so. The disconnected service shall be plugged at the property line to the satisfaction of the superintendent and pursuant to any laws or regulations relating thereto. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.220 Construction standards.*

All work done to construct, extend, relay, repair, make connection to or disconnect any side sewer or sewer line extension shall be carried out in compliance with the current edition of the building and plumbing codes adopted by the city, all applicable water/sewer construction standards which are adopted by this reference and incorporated herein, as now exist or as may be hereafter amended. Copies of said standards shall be available for inspection at City Hall. (Ord. 481 § 2 (Exh. A) (part), 1997)

*    Code reviser’s note: Ord. 652 adopts construction standards for the city’s storm drainage, water, sanitary sewer, and streets.

12.10.230 Owner responsibility for costs/indemnity.

A.    All costs and expenses incidental to the installation, connection, or disconnection of a side sewer shall be borne by the owner.

B.    The owner shall indemnify, defend and hold harmless the city for any loss or damage, including attorney’s fees, that directly or indirectly be occasioned by the installation of the side sewer, by installers other than city utility personnel. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.240 Permit fees.

A.    There shall be a nonrefundable fee for each side sewer permit application. The application fee established by city council resolution, shall be payable at the time of application.

B.    There shall be a fee established by city council resolution for a permit to disconnect a side sewer. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.250 City installation and personnel charges.

The charge for the physical installation of any part of a side sewer within any public area by city utility personnel as provided for in this chapter, shall be established by city council resolution. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.260 Existing service connection.

A.    For the purposes of this chapter, an existing service connection to the public sewer system is one that has paid a hook-up fee specific to that connection. Any active connection that was connected prior to the establishment of any hook-up or connection fees by the city and that has been paying a minimum of single family user fees as a separate and individual service connection from any other service connection, shall also be considered an existing service connection under this chapter.

B.    The payment of the cost of the installation of a connection from the main line to the property shall not constitute the establishment of an existing service connection. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.280 Inspection fees.

An inspection fee shall be charged by the city as necessary to recover the city’s expenses in connection with the inspection work, including, but not limited to, any consultants, testing, or other costs incurred by the city. This fee shall be established by city council resolution. The balance of any inspection fee generated over and above the minimum, must be paid prior to the final approval or any use of the side sewer service. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.290 Service charges—Payment and collection.

A.    Sewer user charges shall be due starting the first month the side sewer received any flow, or the month in which an occupancy permit is issued, whichever occurs first, and shall be payable for the whole month at a rate established pursuant to city council resolution.

B.    All billing and collection of sewer service charges shall be performed as set forth in Section 12.09.060. (Ord. 672 § 7, 2017: Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.295 Inactive sewer service system development charges.

The properties for which city records indicate there has been an active sewer service connection, but for which no active connection exists because no current city water service is being used at the property, shall be subject to the payment of a monthly sewer system development charge in the amount of forty percent of the monthly charge for sanitary sewer disposal services for a property served with the size of inactive water meter that served the property and, if no inactive water meter exists, for a three-quarter-inch water meter, as such water meter changes are established from time to time by resolution of the city council, until such time that the sewer service connection actually begins to be utilized again by the property owner. As an alternative to payment of this inactive sewer service system development charge, the property owner may surrender the sewer connection to the city by executing a form provided by the city and approved in writing by the city public works director which discontinues the right of the property to receive sewer services and relinquishes the sewer service connection to the city. Failure to make payment of monthly sewer service development charges authorized by this subsection for a period of three or more months shall result in disconnection and forfeiture of the sewer connection to the property served. Notice of the proposed disconnection shall be provided as set forth in Section 12.09.060(J). City staff shall be authorized to remove sewer connection and take any further action to disconnect sewer service to the property. Following relinquishment of the sewer service connection to the city pursuant to the procedure outlined in this section, the property may only be reconnected to the city sewer system upon application for a sewer connection and payment of the full sewer connection fee in effect at the time of connection. Discontinuation of sewer services to the property relinquishes the right of the property owner to have any priority for receipt of sewer services in the future. (Ord. 672 § 8, 2017: Ord. 610 § 2, 2011)

12.10.300 Industrial connection charges.

The charge for the physical installation of any part of an industrial waste side sewer within any public area by city utility personnel as provided for in this chapter, shall be established by city council resolution. Such charges shall constitute a lien upon the property. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.310 Industrial testing charges.

Charges and fees for the added cost and expense of treating and/or testing waters or wastes admitted into the sewerage system, shall be assessed and paid by the user based on the actual costs for such services as determined by the wastewater operator. All charges and fees shall constitute a lien on the property. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.320 Inspection.

A.    No trench shall be filled or any sewer covered until the work has been inspected and approved by the superintendent. Any person performing work under a permit issued pursuant to this chapter shall notify the superintendent when the work will be ready for inspection. The superintendent shall make such inspection within forty-eight hours after receipt of notice, excluding Saturdays, Sundays, and holidays.

B.    When so directed by the superintendent, either the contractor or a competent representative shall be available to meet the superintendent on the premises for the inspections. In the case of side sewers where the owner or occupant is doing the work, the owner, occupant, or a competent representative shall be available to meet the superintendent on the premises for the inspections when so requested. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.330 Notification.

If the superintendent finds the work or materials used are not in accordance with this chapter, and all standards referenced herein, he/she shall notify the person doing the work and also the owner or occupant of the premises by posting a written notice on the premises, and such posted notice shall be all the notice required to be given of the defects in the work or materials found in such inspection. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.340 Excavation time limit.

All work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, and after five days notice to the owner or occupant, the superintendent may cause the same to be back-filled and the public area restored forthwith and charge the owner for the cost of such work and the same shall constitute a lien on the property. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.350 City charges for failure to construct.

If any work is not done in accordance with the provisions of this chapter and all applicable standards, or where it is determined by the superintendent that a sewer is obstructed, broken, or inadequate and is a menace to health or is liable to cause damage to either public or private property, then, after notice by the superintendent, if the contractor, owner, or person doing the work, as the case may be, fails to properly construct, repair or complete such work within the time specified in such notice, the superintendent may perform, or contract to have performed such work as may be necessary to comply with these standards and the cost of such work so done shall be charged to the property owner, occupant or contractor, as the case may be, and shall become immediately payable to the city upon written notice of such amount being delivered to such owner, occupant or contractor, or posted upon such premises and shall constitute a lien on the property. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.360 Inflow diversion.

It is unlawful to divert or cause to be diverted any inflow into any sewer, manhole, or other appurtenant structure or portion of the sewer system without first obtaining a side sewer permit. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.370 Illegal connections.

At the time of inspection of the sewer by the superintendent, it shall be visibly demonstrated to the superintendent that there is no illegal connection to the service sewer by running water into the roof drains or other drains as appropriate and observing the flow at the inspection riser, or by such other measures as the superintendent may deem necessary. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.380 Unlawful to tamper with system.

It is unlawful to break, damage, destroy, deface, alter, or tamper with any structure, appurtenances, or equipment which is part of the sewer system of the city, or without authority from the city, to break, damage, destroy or deface any public walk, curb, or pavement, or to make openings or excavations in a public area for the purpose of connection to any public sewer. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.390 Backfilling required.

All excavations made by any person in any public area shall be made and back-filled in accord with all applicable regulations, this chapter and the water/sewer construction standards. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.400 General prohibited discharges.

In accordance with 40 CFR 403.5(a) and WAC 173-216-060, as now exist or as may be hereafter amended, no wastewater shall be discharged into the city’s sewerage or POTW facilities which contain pollutants or priority pollutants (Appendix A 40 CFR 423) that would either pass through or interfere with their operation, performance, or sludge (biosolids) utilization. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.410 Specific prohibitions.

A.    In accordance with the FWPCA, 40 CFR 403.5(b) and WAC 173-216-060, as now exist or as may be hereafter amended, no wastewater shall be discharged into the city’s sewerage or POTW facilities which contain pollutants which by reason of their nature or quantity are or may be sufficient either alone or by interaction to, or potentially to, create: (1) a fire or explosion; (2) a public nuisance; (3) a hazard to life; (4) a situation which prevents entry into the sewers for their maintenance or repair; or (5) a situation injurious in any way to the POTW or its personnel, including but not limited to, waste streams with:

1.    A closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR 261.21;

2.    Pollutants that have any corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW, but in no case discharges with pH lower than 5.0 or greater than 11.0 standard units;

3.    Solid or viscous pollutants in amounts that may cause obstruction to the flow or otherwise interfere with operations or maintenance of the POTW;

4.    Any pollutant, including oxygen demanding pollutants (e.g. BOD), released in either a slug load or continuous discharge of such volume, flow rate or strength (concentration) which will cause pass through or interference of the POTW;

5.    Heat in amounts that will inhibit biological activity in the city’s facilities which result, or could result, in pass through or interference, but in no case heat in such quantities such that the temperature at the POTW headworks exceeds forty degrees Centigrade (one hundred four degrees Fahrenheit);

6.    Pollutants which result in the presence of toxic gases, vapors, or fumes within the city’s facilities in a quantity which cause, or could cause, acute worker health and safety problems;

7.    Petroleum oil, nonbiodegradable cutting oil, or products of mineral origin in amounts that will cause, or could cause, pass through or interference;

8.    Any trucked or hauled pollutants, except at discharge points designated by the city;

9.    Noncontact cooling water, clean stormwater, or any other direct water inflow sources which do not require treatment or would not be afforded a significant degree of treatment by the POTW;

10.    Dangerous waste, as prohibited by Chapter 173-303 WAC; and

11.    Any substance which interferes with proper functioning of the city’s sewage collection, treatment, and disposal facilities, or which results in the inability of said facilities to meet the effluent limitations established by DOE. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.420 Pretreatment required.

A.    In cases where pretreatment is required, plans, specifications, and other information relating to the construction and installation of pretreatment facilities shall be submitted by the industry to the Department of Ecology and administrative authority for approval. No construction or installation thereof shall commence until written approval has been received from the administrative authority. Such pretreatment facilities shall be constructed, operated, and maintained at the owner’s expense. The industry shall comply with the Washington State Department of Ecology and the Environmental Protection Agency pretreatment regulations and the State Waste Discharge Permit Program.

B.    Any person constructing a pretreatment facility, as required by the administrative authority, shall also install and maintain at his sole expense a sampling and metering manhole for monitoring the discharge to the public sewer. Such sampling and metering manhole shall be placed in a location approved by the administrative authority and in accordance with specifications approved by him/her. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.430 Interceptors.

A.    No fats, greases, oils, sand, mud, or other settleable or floatable materials in amounts that interfere with the proper functioning of the city’s sewage collection, treatment, and disposal facilities shall be discharged to any public sewer without the installation of interceptors of a type and capacity to be approved by the superintendent, and located so as to be readily accessible for cleaning and inspection.

B.    Such interceptors shall be capable of reducing BOD, suspended solids, and fats, oils, and greases to the levels specified in Section 12.10.400.

C.    Such interceptors shall be maintained at the expense of the owner and shall be in continuously efficient operation at all time. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.440 Industrial waste.

A.    Where any property served by a side sewer carries industrial waste, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling, and measurement of the wastes when the same may be required by the superintendent. Such manhole shall be accessibly and safely located and shall be constructed and installed in accordance with plans approved prior to installation by the superintendent, and shall be maintained and installed by the owner or occupant at his/her sole expense.

B.    The owner of any facilities discharging industrial waste to the city’s sewer system shall be solely responsible for compliance with all federal, state and local requirements for such discharge. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.450 Unusual waste.

The wastewater operator shall make recommendations to the council in regard to entering into any agreement whereby any waste of unusual character may be accepted by the city for treatment before passage into the public sewer. The payment for such treatment shall be as established by the city council. Nothing herein requires the city council to enter into any such agreement. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.460 Restrictions on trees and shrubs.

A.    The superintendent is authorized to cause the removal of any vegetation from any public area, or the roots of any vegetation which extend into any public area when such vegetation or the roots thereof are obstructing or are liable to obstruct any public sewer.

B.    The owner of any such vegetation shall indemnify, defend and hold the city harmless for any damage caused to the public sewer system by the plants and be responsible for all costs of removal, including attorney’s fees, all of which shall constitute a lien on the person’s property. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.470 Authority of superintendent.

The superintendent or his/her representatives, bearing proper credentials and identification, shall be permitted to enter upon all premises at all reasonable times for the purpose of inspection, observation, measurements, sampling, and testing of sewers and sewage, and performing all other acts or duties required of him/her in accordance with the provisions of this chapter. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.480 Regulation authority.

The superintendent is authorized by the city council to make rules and regulations and amend the same from time to time, as he/she shall deem necessary and convenient to carry out the intent of this chapter. All such rules and regulations shall be available for inspection at City Hall. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.490 Penalties.

A.    Any person who violates any provisions of this chapter shall be guilty of a misdemeanor. Each day that such violation continues to exist shall be deemed a separate violation and subject to penalty as follows:

1.    Any first violation shall be a misdemeanor subject to a twenty-five dollar penalty.

2.    Any second violation shall be a misdemeanor subject to a fifty dollar penalty.

3.    Any third or subsequent violation shall be a misdemeanor subject to a five hundred dollar penalty.

B.    In addition to the penalties set forth in Section 12.10.490(A), any person who shall violate any provisions of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation including, but not limited to any cost to the city incurred in collecting from such person said loss, damage, expense, cost of inspection or cost or correction, including attorneys’ fees and court costs. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.500 Notice of violation and correction.

Any person found to be violating any provision of this chapter 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 and make all necessary corrections. (Ord. 481 § 2 (Exh. A) (part), 1997)

12.10.510 Interest/collection costs.

Any person who shall continue any violation beyond the time limit provided for in Section 12.10.500, shall in addition to the items of expense provided in Section 12.10.490, pay interest at eighteen percent per annum from the date of the time limit provided in Section 12.10.500 plus all costs associated with the collection fees, attorneys’ fees and court costs. (Ord. 481 § 2 (Exh. A) (part), 1997)