Chapter 13.25
BUILDING SEWERS*
Sections:
Article I. Definitions
13.25.010 Generally.
13.25.020 BOD.
13.25.030 Building drain.
13.25.040 Building sewer.
13.25.050 Combined sewer.
13.25.060 Garbage.
13.25.070 Industrial wastes.
13.25.080 Natural outlet.
13.25.090 Person.
13.25.100 pH.
13.25.110 Properly shredded garbage.
13.25.120 Public sewer.
13.25.130 Sanitary sewer.
13.25.140 Sewage.
13.25.150 Sewage treatment plant.
13.25.160 Sewage works.
13.25.170 Sewer.
13.25.180 Shall and may.
13.25.190 Slug.
13.25.200 Storm drain.
13.25.210 Superintendent.
13.25.220 Suspended solids.
13.25.230 Uniform Plumbing Code.
13.25.240 Watercourse.
Article II. Use of Public Sewers Required
13.25.250 Deposit of objectionable wastes prohibited.
13.25.260 Discharge of untreated sewage or other untreated waters to natural outlets prohibited.
13.25.270 Construction of sewage disposal facilities prohibited.
13.25.280 Installation and connection of toilet facilities to public sewer required.
Article III. Private Sewage Disposal
13.25.290 Conditions of usage.
13.25.300 Permit required – Application.
13.25.310 Inspections.
13.25.320 Compliance with rules and regulations required – Discharge to natural outlets prohibited.
13.25.330 Public sewer availability – Hookup required – Private sewage disposal facilities to be abandoned and filled.
13.25.340 Operation and maintenance requirements.
13.25.350 Provisions of article not exclusive.
13.25.360 Public sewer availability – Time period for connection – Private system cleaning requirements.
Article IV. Building Sewers and Connections
13.25.370 Use of public sewer or appurtenance – Permit required.
13.25.380 Building sewer permit classes.
13.25.390 Costs and expenses to be borne by owner.
13.25.400 Separate building sewer required for all buildings – Exceptions.
13.25.410 Conditional use of old building sewers.
13.25.420 Materials and procedures specifications and requirements.
13.25.430 Elevation requirements.
13.25.440 Prohibited connections.
13.25.450 Building sewer connection into public sewer – Requirements.
13.25.460 Building sewer connection into public sewer – Inspection notification and supervision required.
13.25.470 Excavation – Restoration.
Article V. Use of the Public Sewers
13.25.480 Discharges to sanitary sewers.
13.25.490 Discharges to combined sewers and storm sewers.
13.25.500 Prohibited discharges.
13.25.510 Waste acceptability determination.
13.25.520 Authorization by superintendent to permit pretreatment or equalization.
13.25.530 Grease, oil, and sand interceptors.
13.25.540 Maintenance of preliminary treatment or flow-equalizing facilities.
13.25.550 Control manholes.
13.25.560 Measurements, tests and analyses – Determination site.
13.25.570 Treatment of industrial waste of unusual strength or character.
Article VI. Industrial Cost Recovery
13.25.580 Industrial users payment responsibility.
13.25.590 System implementation and maintenance.
13.25.600 Applicability.
Article VII. Protection from Damage
13.25.610 Violation – Penalty.
Article VIII. Powers and Authority
of Inspectors
13.25.620 Right of entry.
13.25.630 Observation of safety rules required – Responsibility for loss or damages.
13.25.640 Private property easement access.
Article IX. Penalties
13.25.650 Violation – Notice – Correction time limit.
13.25.660 Continued violation – Misdemeanor – Penalty.
13.25.670 Violation – Liability responsibility.
Article X. Appeals
13.25.680 Appeal procedure.
* Prior legislation: Ord. 284.
Article I. Definitions
13.25.010 Generally.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as set forth in this article. (Ord. 380, 1996)
13.25.020 BOD.
"BOD" (denoting biochemical oxygen demand) shall mean 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. (Ord. 380 Art. I § 1, 1996)
13.25.030 Building drain.
"Building drain" shall mean that part of the lowest horizontal piping of a drainage system which received the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewers, beginning five feet (1.5 meters) outside the inner face of the building walls. (Ord. 380 Art. I § 2, 1996)
13.25.040 Building sewer.
"Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. (Ord. 380 Art. I § 3, 1996)
13.25.050 Combined sewer.
"Combined sewer" shall mean a sewer receiving both surface runoff and sewage. (Ord. 380 Art. I § 4, 1996)
13.25.060 Garbage.
"Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. (Ord. 380 Art. I § 5, 1996)
13.25.070 Industrial wastes.
(1) "Industrial wastes" shall mean the liquid waste from any nongovernmental user of publicly owned treatment works identified in the current version of Standard Industrial Classification Manual 1987, Office of Management and Budget, as amended and supplemented under the following divisions:
(a) Division A: Agriculture, Forestry, and Fishing;
(b) Division B: Mining;
(c) Division D: Manufacturing;
(d) Division E: Transportation, Communications, Electric, Gas and Sanitary Services;
(e) Division I: Services.
(2) A user in the division listed may be excluded if the public works director determines that it will introduce primarily segregated domestic waste or waste from sanitary conveniences. (Ord. 380 Art. I § 6, 1996)
13.25.080 Natural outlet.
"Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water. (Ord. 380 Art. I § 7, 1996)
13.25.090 Person.
"Person" shall mean any individual, firm, company, association, society, corporation, or group. (Ord. 380 Art. I § 8, 1996)
13.25.100 pH.
"pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Ord. 380 Art. I § 9, 1996)
13.25.110 Properly shredded garbage.
"Properly shredded garbage" shall mean the waste from the preparation, cooking and dispensing of food 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 particle greater than one-half inch (1.27 centimeters) in any dimension. (Ord. 380 Art. I § 10, 1996)
13.25.120 Public sewer.
"Public sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. (Ord. 380 Art. I § 11, 1996)
13.25.130 Sanitary sewer.
"Sanitary sewer" shall mean a sewer which carries sewage and to which storm surface, and ground waters are not intentionally admitted. (Ord. 380 Art. I § 12, 1996)
13.25.140 Sewage.
"Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present. (Ord. 380 Art. I § 13, 1996)
13.25.150 Sewage treatment plant.
"Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage. (Ord. 380 Art. I § 14, 1996)
13.25.160 Sewage works.
"Sewage works" shall mean all facilities for collecting, pumping, treating and disposing of sewage. (Ord. 380 Art. I § 15, 1996)
13.25.170 Sewer.
"Sewer" shall mean a pipe or conduit for carrying sewage. (Ord. 380 Art. I § 16, 1996)
13.25.180 Shall and may.
"Shall" is mandatory; "may" is permissive. (Ord. 380 Art. I § 17, 1996)
13.25.190 Slug.
"Slug" shall mean any discharge of water, sewage, or industrial waste, which in concentration of any given constituent or in 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. (Ord. 380 Art. I § 18, 1996)
13.25.200 Storm drain.
"Storm drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. (Ord. 380 Art. I § 19, 1996)
13.25.210 Superintendent.
"Superintendent" shall mean the town’s public works director or his authorized deputy, agent, or representative. (Ord. 380 Art. I § 20, 1996)
13.25.220 Suspended solids.
"Suspended solids" shall mean solids that either float on the surface of, or in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. (Ord. 380 Art. I § 21, 1996)
13.25.230 Uniform Plumbing Code.
"Uniform Plumbing Code" shall mean the code of that name published by the International Association of Plumbing and Mechanical Officials, 1991 Edition; provided, that Chapters 11 and 12 are not adopted; and provided further, that those requirements of the Uniform Plumbing Code relating to venting of appliances as found in Chapter 13 are not adopted. (Ord. 380 Art. I § 22, 1996)
13.25.240 Watercourse.
"Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 380 Art. I § 23, 1996)
Article II. Use of Public Sewers Required
13.25.250 Deposit of objectionable wastes prohibited.
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 town of Cathlamet, or in any area under the jurisdiction of said town, any human or animal excrement, garbage, or other objectionable waste. (Ord. 380 Art. II § 1, 1996)
13.25.260 Discharge of untreated sewage or other untreated waters to natural outlets prohibited.
It shall be unlawful to discharge to any natural outlet within the town of Cathlamet, or in any area under the jurisdiction of said town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 380 Art. II § 2, 1996)
13.25.270 Construction of sewage disposal facilities prohibited.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault septic tank, cesspool, or facility intended or used for the disposal of sewage. (Ord. 380 Art. II § 3, 1996)
13.25.280 Installation and connection of toilet facilities to public sewer required.
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the town of Cathlamet and abutting on any street, alley, or right-of-way in which there is now located or in the future be located a public sanitary or combined sewer of the town, 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 date of official notice to do so; provided, that said public sewer is within 200 feet of the property line. (Ord. 380 Art. II § 4, 1996)
Article III. Private Sewage Disposal
13.25.290 Conditions of usage.
Where a public sanitary or combined sewer is not available under the provisions of CMC 13.25.280, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Ord. 380 Art. III § 1, 1996)
13.25.300 Permit required – Application.
Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit issued by the Wahkiakum County health department. The application for such permit shall be made on a form furnished by the department which the applicant shall supplement by any plans, specifications and other information as are requested by the department. Any application permit and inspection fees shall be paid to the department at the time the application is filed. (Ord. 380 Art. III § 2, 1996)
13.25.310 Inspections.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Wahkiakum County health department. Authorized representatives of the department shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the department when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within a reasonable time after the receipt of notice by the department. (Ord. 380 Art. III § 3, 1996)
13.25.320 Compliance with rules and regulations required – Discharge to natural outlets prohibited.
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Wahkiakum County health department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than the area required under the applicable rules and regulations of the Wahkiakum County health department. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 380 Art. III § 4, 1996)
13.25.330 Public sewer availability – Hookup required – Private sewage disposal facilities to be abandoned and filled.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in CMC 13.25.320, 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 facilities shall be abandoned and filled with suitable material. (Ord. 380 Art. III § 5, 1996)
13.25.340 Operation and maintenance requirements.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town. (Ord. 380 Art. III § 6, 1996)
13.25.350 Provisions of article not exclusive.
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the department health officer. (Ord. 380 Art. III § 7, 1996)
13.25.360 Public sewer availability – Time period for connection – Private system cleaning requirements.
When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord. 380 Art. III § 8, 1996)
Article IV. Building Sewers and Connections
13.25.370 Use of public sewer or appurtenance – Permit required.
No unauthorized persons shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent. (Ord. 380 Art. IV § 1, 1996)
13.25.380 Building sewer permit classes.
There shall be two classes of building sewer permits:
(1) For residential and commercial service; and
(2) For service to establishments producing industrial waste. In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in judgment of the superintendent. A permit and inspection fee shall be charged according to a rate schedule to be hereafter adopted by town ordinance and said fees shall be paid to the town at the time the application is filed. (Ord. 380 Art. IV § 2, 1996)
13.25.390 Costs and expenses to be borne by owner.
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 town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 380 Art. IV § 3, 1996)
13.25.400 Separate building sewer required for all buildings – Exceptions.
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be 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. (Ord. 380 Art. IV § 4, 1996)
13.25.410 Conditional use of old building sewers.
Old building sewers 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. (Ord. 380 Art. IV § 5, 1996)
13.25.420 Materials and procedures specifications and requirements.
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 back-filling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the Association for Standard Test Materials and Uniform Plumbing Code shall be used. (Ord. 380 Art. IV § 6, 1996)
13.25.430 Elevation requirements.
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. (Ord. 380 Art. IV § 7, 1996)
13.25.440 Prohibited connections.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 380 Art. IV § 8, 1996)
13.25.450 Building sewer connection into public sewer – Requirements.
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 town, or the procedures set forth in appropriate specifications of the A.S.T.M. and Uniform Plumbing Code. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Ord. 380 Art. IV § 9, 1996)
13.25.460 Building sewer connection into public sewer – Inspection notification and supervision required.
The applicant for the building sewer permit shall notify the superintendent that 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. (Ord. 380 Art. IV § 10, 1996)
13.25.470 Excavation – Restoration.
All excavation 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 town. (Ord. 380 Art. IV § 11, 1996)
Article V. Use of the Public Sewers
13.25.480 Discharges to sanitary sewers.
No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process water to any sanitary sewer. (Ord. 380 Art. V § 1, 1996)
13.25.490 Discharges to combined sewers and storm sewers.
Stormwater 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 to a storm sewer, combined sewer, or natural outlet. (Ord. 380 Art. V § 2, 1996)
13.25.500 Prohibited discharges.
No person shall discharge or cause to be discharged any of the following described water or waters to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singularly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l or in the wastes as discharged to the public sewer;
(3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinder. (Ord. 380 Art. V § 3, 1996)
13.25.510 Waste acceptability determination.
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 affect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will 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 sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);
(2) Any water or waste containing fats, gas, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius);
(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-quarter horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent;
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or waste 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;
(6) Any waters or waste 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 such discharge to the receiving waters;
(7) 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;
(8) Any waters or wastes having a pH in excess of 9.5;
(9) Materials which exert or cause:
(a) 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);
(b) Excessive discoloration (such as but not limited to, dye wastes and vegetable tanning solutions);
(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities, as to constitute a significant load on the sewage treatment works;
(d) Unusual volume of flow or concentration of wastes constituting a "slug" as defined herein;
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 380 Art. V § 4, 1996)
13.25.520 Authorization by superintendent to permit pretreatment or equalization.
(1) If any waters 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 CMC 13.25.510, 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:
(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 CMC 13.25.570.
(2) 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. (Ord. 380 Art. V § 5, 1996)
13.25.530 Grease, oil, and sand interceptors.
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 or 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. (Ord. 380 Art. V § 6, 1996)
13.25.540 Maintenance of preliminary treatment or flow-equalizing facilities.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 380 Art. V § 7, 1996)
13.25.550 Control manholes.
When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial 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 the plans approved by 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. (Ord. 380 Art. V § 8, 1996)
13.25.560 Measurements, tests and analyses – Determination site.
All measurements, tests and analyses of the characteristics of waters 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 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. (Ord. 380 Art. V § 9, 1996)
13.25.570 Treatment of industrial waste of unusual strength or character.
No statement contained in this article shall be construed as preventing any special arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor, by the industrial concern. (Ord. 380 Art. V § 10, 1996)
Article VI. Industrial Cost Recovery
13.25.580 Industrial users payment responsibility.
All industrial users shall be required to pay that portion of the federal assistance grant under PL 92-500 (33 USC Chapter 26) allocable to the treatment of waste from such users. (Ord. 380 Art. VI § 1, 1996)
13.25.590 System implementation and maintenance.
The system for industrial cost recovery shall be implemented and maintained according to the following requirements:
(1) Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total federal grant amount divided by the recovery period.
(2) The industrial cost recovery period shall be equal to 30 years or the useful life of the treatment works, whichever is less.
(3) Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment works.
(4) An industrial user’s share shall be based on all factors which significantly influence the cost of the treatment works, such as strength, volume, and flow rate characteristics. As a minimum, an industry’s share shall be based on its flow versus treatment works capacity except in unusual cases.
(5) An industrial user’s share shall be adjusted when there is a substantial change in strength, volume or flow rate characteristics of the user’s wastes, or if there is an expansion or upgrade of the treatment works.
(6) An industrial user’s share shall not include any portion of the federal grant amount allocable to unused or unreserved capacity.
(7) An industrial user’s share shall include any firm commitment to the town of increased use by such user.
(8) An industrial user’s share shall not include an interest component. (Ord. 380 Art. VI § 2, 1996)
13.25.600 Applicability.
The requirements of this article apply only to those features of waste water treatment and transportation facilities which have been constructed with federal assistance administered by the U.S. Environmental Protection Agency under PL-500 (33 USC Chapter 26). (Ord. 380 Art. VI § 3, 1996)
Article VII. Protection from Damage
13.25.610 Violation – Penalty.
No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest, and conviction thereof shall be subject to a fine not to exceed $500.00 and shall be subject to imprisonment for not more than 90 days, or by both such imprisonment and fine. (Ord. 380 Art. VII § 1, 1996)
Article VIII. Powers and Authority of Inspectors
13.25.620 Right of entry.
The superintendent and other duly authorized employees of the town 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. (Ord. 380 Art. VIII § 1, 1996)
13.25.630 Observation of safety rules required – Responsibility for loss or damages.
While performing the necessary work on private properties referred to in CMC 13.25.620, the superintendent or duly authorized employee of the town shall observe all safety rules applicable to the premises established by the company. The town shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town 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 such may be caused by negligence or failure of the company to maintain safe conditions as required in CMC 13.25.550. (Ord. 380 Art. VIII § 2, 1996)
13.25.640 Private property easement access.
The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measuring, sampling, repair, and maintenance of 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. 380 Art. VIII § 3, 1996)
Article IX. Penalties
13.25.650 Violation – Notice – Correction time limit.
Any person found to be violating any provision of this chapter except CMC 13.25.610 as set out in Article VII of this chapter shall be served by the town 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. (Ord. 380 Art. IX § 1, 1996)
13.25.660 Continued violation – Misdemeanor – Penalty.
Any person who shall continue any violation beyond the time limit provided for in CMC 13.25.650 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount no exceeding $500.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 380 Art. IX § 2, 1996)
13.25.670 Violation – Liability responsibility.
Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation, including a reasonable attorney’s fee in the event that civil litigation should become necessary to enforce the provisions of this chapter. (Ord. 380 Art. IX § 3, 1996)
Article X. Appeals
13.25.680 Appeal procedure.
Any person having been denied a permit hereunder or any person otherwise feeling aggrieved by any action of the superintendent in his administration or enforcement of the terms of this chapter may appeal said decision by the following procedure:
(1) By giving written request to the council of the town of Cathlamet for a hearing on said appeal. This written request shall be filed with the clerk of the town of Cathlamet;
(2) The council of the town of Cathlamet shall give notice in writing not less that 10 days prior to such hearing to the appealing person of the date, time, place and purpose of the hearing;
(3) The council of the town of Cathlamet shall, within 20 days after the receipt of said written request, meet to hear said complaint and shall record its findings upon such complaint within its minutes. The determination of the council shall be final. (Ord. 380 Art. X § 1, 1996)