Chapter 13.03 SEWER UTILITY – REGULATIONS AND RATES

Unless the context specifically indicates otherwise, terms and phrases set out in Sections 13.03.030 through 13.03.590, when used in the ordinance codified in this chapter, shall have the meanings hereinafter set forth in this chapter, whether appearing in capital or lower case form. (Ord. A-3386 § 1(part), 1985).

13.03.030 Act or “the Act.”

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq. (Ord. A-3386 § 1(part), 1985).

13.03.040 BOD (biochemical oxygen demand).

“BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at a temperature of twenty degrees Centigrade, expressed in milligrams per liter, or parts per million by weight. Laboratory determinations shall be made in accordance with procedures set forth in Standard Methods. (Ord. A-3386 § 1(part), 1985).

13.03.050 Building drain.

“Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes within or adjoining the building or structure and conveys the same to the building sewer which begins at a point two feet outside the established line of the building or structure including any structural projection except eaves. (Ord. A-3386 § 1(part), 1985).

13.03.060 Building official.

The “building official” is defined in the State Building Code adopted by reference in Title 15 of this code. (Ord. A-3386 § 1(part), 1985).

13.03.070 Building sewer.

See “Side sewer.” (Ord. A-3386 § 1(part), 1985).

13.03.080 City.

“City” means the city of Walla Walla or its duly authorized representative. (Ord. A-3386 § 1(part), 1985).

13.03.090 City engineer.

“City engineer” means the public works director of the city of Walla Walla, or his duly authorized representative. (Ord. A-3386 § 1(part), 1985).

13.03.100 Combined sewer.

“Combined sewer” means a sewer which carries both sewage and storm, surface, ground and other unpolluted waters. (Ord. A-3386 § 1(part), 1985).

13.03.110 Compatible pollutant.

“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants which the Publicly Owned Treatment Works (POTW) is designed to treat. (Ord. A-3386 § 1(part), 1985).

13.03.120 Cooling water.

“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (Ord. A-3386 § 1(part), 1985).

13.03.130 DOE.

“DOE” means the Department of Ecology, which is an agency of the state of Washington which prescribes state standards and requirements relating to the treatment and disposal of wastewater. (Ord. A-3386 § 1(part), 1985).

13.03.140 Garbage.

“Garbage” means all putrescible material, including animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food; swill and carcasses of dead animals. “Garbage” does not include sewage, sewage sludge and human body wastes or agricultural waste. (Ord. A-3386 § 1(part), 1985).

13.03.150 Health officer.

The “health officer” is the Walla Walla county-city health department health officer or a representative authorized by and under the direct supervision of the health officer. (Ord. A-3386 § 1(part), 1985).

13.03.160 Holding tank waste.

“Holding tank waste” means any waste which has been stored in holding tanks, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. (Ord. A-3386 § 1(part), 1985).

13.03.170 Industrial process.

“Industrial process” means operations of human or mechanical facilities, engaged in manufacturing or processing articles of trade or commerce. (Ord. A-3386 § 1(part), 1985).

13.03.180 Industrial waste.

“Industrial waste” means the liquid wastes from industrial processes as distinct from sanitary sewage. (Ord. A-3386 § 1(part), 1985).

13.03.190 Lateral or lateral sewer.

“Lateral” or “lateral sewer” means a sewer to which service connections or private sewers may be connected, from adjacent or vicinal properties. The service area for a lateral is determined by the city engineer, based on ordinarily accepted engineering practices and subject to Walla Walla municipal practice. (Ord. A-3386 § 1(part), 1985).

13.03.200 National Categorical Pretreatment Standard or pretreatment standard.

“National Categorical Pretreatment Standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC 1347) which applies to a specific category of industrial users. (Ord. A-3386 § 1(part), 1985).

13.03.210 National Prohibitive Discharge Standard or prohibitive discharge standard.

“National Prohibitive Discharge Standard” or “prohibitive discharge standard” means any regulation developed under the authority of 307(b) of the Act and 40 CFS, Section 403.5. (Ord. A-3386 § 1(part), 1985).

13.03.220 Natural outlet.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body or surface or ground water. It does not include connections to the city system of sewerage or authorized on-site sewage or storm water disposal systems or other authorized sewage disposal mechanisms or systems. (Ord. A-3386 § 1(part), 1985).

13.03.230 NPDES.

“National Pollutant Discharge Elimination System” is a permit issued by the Washington Department of Ecology (WDOE) which prescribes operating and effluent limitations relating to the treatment of sewage. (Ord. A-3386 § 1(part), 1985).

13.03.240 On-site sewage disposal system.

“On-site sewage disposal system” means any system or combination of piping, treatment or other facilities that store, treat and/or dispose of sewage and effluent on the property where it originates or an adjacent or nearby property under the ownership of the user of the system or in which the user has a recorded interest for the purpose of maintaining the system on such other property. In general, these include septic tanks and drain fields. (Ord. 2000-9 § 2, 2000: Ord. A-3386 § 1(part), 1985).

13.03.250 Person.

“Person” means any individual, firm, company, association, society, corporation, or group. (Ord. A-3386 § 1(part), 1985).

13.03.260 pH.

“pH” means the common logarithm of the reciprocal of the hydrogen ion concentration. pH shall be determined by one of the procedures outlined in Standard Methods. (pH is a measure of acidity or alkalinity.) (Ord. A-3386 § 1(part), 1985).

13.03.270 Plumbing code.

“Plumbing code” means the Uniform Plumbing Code adopted by the city under Title 15 of this code. Sewer regulations herein shall be in addition to plumbing code regulations. (Ord. A-3386 § 1(part), 1985).

13.03.280 Private pump station.

“Private pump station” means an appurtenance of a side sewer, private sewer or on-site sewage disposal system which, alone or in conjunction with the side sewer or private sewer, conveys standard sewage or effluent by lifting or pumping to another sewer. (Ord. A-3386 § 1(part), 1985).

13.03.290 Private sewer.

“Private sewer” means a sewer on private property, not maintained by a public authority, serving two or more buildings, residences or properties, and constructed by private contract. In general, a private sewer differs from a side sewer in that it serves more than one building or structure. (Ord. 2000-9 § 3, 2000: Ord. A-3386 § 1(part), 1985).

13.03.300 Private storm sewer.

“Private storm sewer” means a private sewer which is also a storm sewer. (Ord. A-3386 § 1(part), 1985).

13.03.310 Properly shredded garbage.

“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that has been reduced in size to such degree that all particles will be carried freely under the flow conditions existing in the sewage facility furnished. (Ord. A-3386 § 1(part), 1985).

13.03.320 Public sewer.

“Public sewer” means a sewer which is controlled and maintained by a public authority. (Ord. A-3386 § 1(part), 1985).

13.03.330 Sanitary sewage.

“Sanitary sewage” means water-carried human wastes that are derived principally from residences, business buildings, institutions and the like, exclusive of storm, surface, and unpolluted water. (Ord. A-3386 § 1(part), 1985).

13.03.340 Sanitary sewer.

“Sanitary sewer” means a sewer which conveys sanitary sewage. (Ord. A-3386 § 1(part), 1985).

13.03.350 Septage.

“Septage” means a slurry of undigested sludges, scum and liquid periodically removed from domestic septic tanks for disposal. Such pumpings are highly toxic, dangerous to public health, and require additional treatment before disposal. (Ord. A-3386 § 1(part), 1985).

13.03.360 Service charge.

“Service charge” means the charge levied on each class of public sewer system for operation, maintenance, and other purposes as established by the city council. (Ord. A-3386 § 1(part), 1985).

13.03.370 Sewage.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. “Sewage” may also includes surface and storm waters. (Ord. 2000-9 § 4, 2000: Ord. A-3386 § 1(part), 1985).

13.03.380 Sewage works.

“Sewage works” means all facilities to treat, reclaim, and/or dispose of sewage. They do not include on-site sewage disposal systems. (Ord. A-3386 § 1(part), 1985).

13.03.390 Sewer.

“Sewer” means a pipe, conduit, or structure and appurtenances for conveying sewage. (Ord. A-3386 § 1(part), 1985).

13.03.400 Sewer service rates – Commercial.

Any building or group of buildings where a business or a combined residence and business is practiced, or where such business is advertised by a sign of any type on the premises and/or listed in the telephone directory as the location of a business shall be classified as commercial. (Ord. 2006-05 § 12, 2006: Ord. 93-A-7 § 1: Ord. A-3637 § 1, 1990: Ord. A-3386 § 1(part), 1985).

13.03.405 Sewer services rates – Industrial.

“Industrial” for sewer service charges shall mean sewage effluent from industrial uses as defined in Section 13.03.170, as distinctly separate from industrial process waste as defined herein, which requires individual rates for each use in accordance with an agreement for such treatment. (Ord. A-3637 § 2, 1990).

13.03.410 Sewer service rates, multiple dwelling.

“Multiple dwelling” for sewer service charges means multiple dwellings as defined in Title 20 of this code. Charges shall apply to a complex served by one water meter, in accordance with schedules contained herein. (Ord. A-3386 § 1(part), 1985).

13.03.420 Sewer service rates, public.

Public sewer service charges shall apply to all city, county, state and federal offices and their subagencies, and all other publicly owned connections, with the exception of the city of Walla Walla municipal corporation and its departments. (Ord. 99-37 § 1, 1999: Ord. A-3386 § 1(part), 1985).

13.03.425 Sewer service rates, city of Walla Walla.

City of Walla Walla sewer service charges shall apply to the city of Walla Walla municipal corporation and its departments and operations conducted on behalf of the city on property owned by the city. (Ord. 2006-05 § 13, 2006: Ord. 99-37 § 2, 1999).

13.03.430 Sewer service rates, residential.

“Residential” for sewer service charges means one-family and two-family dwelling units as defined in Title 20 of this code. Charges shall apply to each dwelling unit, in accordance with schedules contained herein. (Ord. A-3386 § 1(part), 1985).

13.03.440 Side sewer.

“Side sewer” means a sewer, not directly controlled or maintained by the city, which begins two feet outside the outer face of a structure wall or foundation conveying sewage from the building drain to a public sewer, private sewer, or on-site sewage disposal system. Side sewers are a maintenance responsibility of the property owner. (Ord. A-3386 § 1(part), 1985).

13.03.450 Side sewer stub.

“Side sewer stub” means that portion of a side sewer, constructed along with the public sewer, prior to direct connection to the premises to be served which is also maintained by the property owner. (Ord. A-3386 § 1(part), 1985).

13.03.460 Slug load.

“Slug load” means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period longer than fifteen minutes, more than five times the average twenty-four-hour concentration or flows, during normal operation. (Ord. A-3386 § 1(part), 1985).

13.03.470 Special side sewer.

“Special side sewer” means a side sewer connected to a lateral or other public sewer which is outside the normal service area of said sewer, as determined by the city engineer. Unless otherwise indicated or required by the context, all side sewer requirements shall apply to special side sewers. (Ord. A-3386 § 1(part), 1985).

13.03.480 Standard sewage.

“Standard sewage” means sewage which complies with specifications designated by the city engineer and this code regarding chemical, physical, and organic content; including but not limited to pH, BOD, dissolved oxygen, suspended solids. (Ord. A-3386 § 1(part), 1985).

13.03.490 Standard methods.

“Standard methods” means the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation and the supplement to this document entitled Selected Analytical Methods Previewed and Cited by U.S. EPA. (Ord. A-3386 § 1(part), 1985).

13.03.500 Storm sewer or storm drain.

“Storm sewer” or “storm drain” means a sewer which conveys storm surface waters and unpolluted cooling or process waters, but excludes sanitary sewage and polluted industrial wastes. (Ord. A-3386 § 1(part), 1985).

13.03.510 Suspended solids.

“Suspended solids” means matter in water, sewage, or other liquids, which can be removed by laboratory filtering as described in the manual of “Standard Methods for the Examination of Water and Wastewater.” (Ord. A-3386 § 1(part), 1985).

13.03.520 System of sewerage.

“System of sewerage” means the system of sewers, outfalls, works, public restrooms and sanitary facilities, plants and facilities for sewage collection, treatment and disposal, or any and all such facilities of the city. (Ord. 2000-16 § 1, 2000: Ord. A-3386 § 1(part), 1985).

13.03.530 Total solids.

“Total solids” means all matter than can be removed by total evaporation as contained in the manual of “Standard Methods” under Total Residue. (Ord. A-3386 § 1(part), 1985).

13.03.540 Unpolluted water or liquids.

“Unpolluted water or liquids” means any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalis; chlorine residual; substances that may impart taste-and-odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall meet the current state standards for water used for recreation. Analytical determinations shall be made in accordance with procedures set forth in Standard Methods and other approved EPA methods. (Ord. 2000-9 § 5, 2000: Ord. A-3386 § 1(part), 1985).

13.03.550 Wastewater superintendent.

Also known as “plant manager” or “wastewater supervisor,” the wastewater superintendent shall be the director of public works or his authorized representative and is primarily responsible for inspecting the work of crews engaged in sewer construction activity, including extensions, repairs, maintenance, and new construction. He oversees repair, maintenance and cleaning operations for sanitary and storm sewers under public control. He also regulates construction, use and maintenance of catch basins and drains. He may also inspect on-site sewage disposal facilities in coordination with the health officer. (Ord. 2000-9 § 6, 2000: Ord. A-3386 § 1(part), 1985).

13.03.560 Wastewater treatment facility.

“Wastewater treatment facility” means any arrangement of devices and structures used for treating sewage. (Ord. A-3386 § 1(part), 1985).

13.03.570 Watercourse.

“Watercourse” means a natural or manmade surface or underground channel in which a flow of water occurs, either continuously or intermittently. (Ord. A-3386 § 1(part), 1985).

13.03.580 Definition of additional terms.

Words, terms or expressions peculiar to the art or science of sewerage not defined in this chapter shall have the respective meanings given in Glossary, Water and Wastewater Control Engineering published in 1981, prepared by a joint committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and the Water Pollution Control Federation. (Ord. 2000-9 § 7, 2000: Ord. A-3386 § 1(part), 1985).

13.03.590 Abbreviations.

The following abbreviations shall have the designated meanings:


BOD	– Biochemical Oxygen Demand
CFR	– Code of Federal Regulations
COD	– Chemical Oxygen Demand
DU	– Dwelling Unit; see Section 20.06.030 of this code
EPA	– U.S. Environmental Protection Agency
l	– Liter
mg	– Milligrams
mg/l	– Milligrams per liter
NPDES	– National Pollutant Discharge Elimination System
POTW	– Publicly Owned Treatment Works
SIC	– Standard Industrial Classification
SWDA	– Solid Waste Disposal Act, 42 USC 6901, et seq.
USC	– United States Code
TSS	– Total Suspended Solids.

(Ord. A-3386 § 1(part), 1985).

Article II. Sewer Service

13.03.600 Sewer service charges – Receipts – Collection and disposition.

There are established rates to be charged all users of any element of the city sewer system to be known as sewer service rate. This rate and all other charges for sewer service, penalties, connection charges, and interest thereon, shall attach to and be a lien upon all property to which such service has been furnished or is available.

A. The city shall have a lien for all delinquent and unpaid rates and charges for sewer service and all other charges for sewer service, penalties, connection charges, and interest thereon, which lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in Chapter 35.67 RCW.

B. Delinquent charges shall bear interest at a percentage rate per annum set forth in the city’s utility rate ordinance, computed on a monthly basis, and should the city foreclose the lien as authorized by this chapter, the city shall be entitled to its reasonable attorney’s fees.

C. As an additional and concurrent method of enforcing its lien, the utility is authorized, in accordance with law and in the manner provided by Sections 13.04.300 and 13.04.420 and RCW 35.67.290, to shut off water service to such premises for so long as any delinquent fees or charges remain unpaid.

D. The remedies and charges imposed by this section are additional and concurrent to other remedies and charges imposed by this chapter.

E. All accounts for sewer service shall be kept in the name of the owner of the property and not in the name of the tenant, and the owner only shall be held responsible for payment of all accounts. (Ord. 2006-05 § 14, 2006: Ord. 99-37 § 3, 1999: Ord. A-3386 § 1(part), 1985).

13.03.610 Sewer service charges – Meter rates within city limits.

A sewer service charge shall apply to all water utility customers within the city limits and shall be based upon monthly metered water consumption. Customers are classified as provided in Sections 13.03.400, 13.03.405, 13.03.410, 13.03.420, 13.03.425, and 13.03.430 as either commercial, industrial, multiple dwelling, public, residential, or city of Walla Walla. The amount of each charge is established by a utility rate ordinance and shall be applied as follows:

A. There shall be a minimum monthly charge for each class of customers which is imposed upon all consumers connected to the city sewer system based upon the first eight hundred cubic feet or less of monthly metered water consumption.

B. In addition to the monthly minimum charge, there shall be a consumption charge for each class of customers which is imposed upon all consumers based upon each one hundred cubic feet of monthly metered water consumption over the eight hundred cubic foot minimum.

C. Metered sewer service customers under the commercial schedule who have and maintain a lawn and/or parking strip in front of their property, or who have nonconserving air conditioning units using city water which is not discharged into the city sewer system, directly or indirectly, at any point in the city sewer system, except those users who do not have sewer facilities, shall pay a monthly sewer service charge for the months of April, May, June, July, August, and September not greater than the charge produced by applying the rates to the average monthly consumption of water during the preceding months of December, January, and February. During October, November, December, January, February, and March, the users classified in this subsection shall pay the rates provided in the rate schedule herein.

D. All property owners within an area served by the city system of sewerage are hereby compelled to connect their private wastewater drains and sewers located upon developed properties to the city system. A penalty is hereby imposed upon those who fail to connect for each month that they fail to connect in amount set forth in the city’s utility rate ordinance. The penalty hereby established may be collected against any utility customer who fails to connect as required herein as a charge in such customer’s utility bill. The penalty hereby established shall not be imposed against a property owner who has requested connection to the city system and complied with all city requirements for connection if the city has denied connection entirely for reasons other than fault of the owner.

E. In addition to the charges above set forth, there shall be assessed to the customer a charge equal to all pretreatment and/or attenuation costs if the following quality/quantity standards are exceeded:

1. Biochemical oxygen demands (BOD) more than two hundred fifty mg/L, the charge shall be an additional eight percent of the cost for each fifty mg/L over two hundred fifty mg/L; or

2. Total suspended solids less than two hundred fifty mg/L; or

3. The presence of harmful chemicals, greases, VOCs or heavy metal; or

4. A maximum flow within or greater than fifty percent of the average daily flow.

5. A low pH surcharge shall be added to the sewer bill. The surcharge shall be calculated by the equation (5.5 – Result)2 × ten percent = percent added to the sewer bill. The equation reflects the logarithmic nature of the measurement of pH.

F. The city reserves to itself the authority to classify customers and set rates. No customer may extend or provide its service or rates to another customer. (Ord. 2006-10 § 2, 2006: Ord. 2006-05 § 15, 2006: Ord. 2005-28 § 1, 2005: Ord. 2004-37 § 1, 2004: Ord. 2004-20 § 1, 2004: Ord. 2003-35 § 1, 2003: Ord. 2003-21 § 1, 2003: Ord. 2003-1 § 1, 2003; Ord. 2002-14 § 1, 2002; Ord. 2001-30 § 1, 2001; Ord. 2000-26 § 1, 2000: Ord. 99-37 § 4, 1999: Ord. 98-30 § 1, 1998; Ord. 97-31 § 1, 1997: Ord. 93-A-42 § 1, 1993: Ord. 93-A-7 § 2: Ord. A-3637 § 3, 1990: Ord. A-3502 § 1, 1987: Ord. A-3386 § 1(part), 1985).

13.03.615 Service – Discounts for certain low income senior or disabled citizens.

A. A program for discounts to the billings for sewer utility services for certain low income senior or disabled citizens is established in order to provide necessary support for the disadvantaged. Such discounts are intended to offset rate increases. The city manager is authorized and directed to administer said program and in such connection may promulgate administrative regulations to carry out the intent and purpose of the ordinance codified in this section.

B. To implement the program provided for in subsection A of this section, low income senior citizens shall show satisfactory proof that he or she:

1. Is sixty-five years of age or older; and

2. Has a maximum annual household income at or below one hundred twenty-five percent of federal poverty guidelines; and

3. Is a single occupant or the head of a household or the spouse of a head of a household; and

4. Resides in the dwelling unit served by the solid waste, sewer and water utility; and

5. Is billed or is the spouse of a person billed by the solid waste, sewer and water utility.

Applicants shall verify such information and shall provide such other data as is deemed appropriate upon forms prepared, and in the manner determined by the city.

C. To implement the program provided for in subsection A of this section, low income disabled citizens shall show satisfactory proof that he or she:

1. Is disabled; and

2. Has a maximum annual household income at or below one hundred twenty-five percent of federal poverty guidelines; and

3. Is a single occupant or the head of a household or the spouse of the head of the household; and

4. Resides in the dwelling unit served by the solid waste, sewer and water utility; and

5. Is billed or is the spouse of a person billed by the solid waste, sewer and water utility.

Applicants shall verify such information and shall provide such other data as is deemed appropriate upon forms prepared, and in the manner determined by the city.

D. Persons qualified by the city as eligible recipients of a low income senior or disabled citizen discounts provided for in this section shall be granted a discount against the charges assessed under Section 13.03.610 of this code and the city’s utility rate ordinance.

E. The finance manager is authorized to discount the total amount of charges made under Section 13.03.610 of this code and the city’s utility rate ordinance to qualified low income senior or disabled citizens by twenty percent.

F. For purposes of this section, the following persons are defined as disabled:

1. A person who has qualified and received special parking privileges under RCW 46.16.381(1)(a) through 46.16.381(1)(f).

2. A blind person as defined in RCW 74.18.020.

3. A person who has a developmental disability as defined in RCW 71A.10.020(2).

4. A person who is gravely disabled as a result of a mental disorder as defined in RCW 71.05.020.

5. A person who has qualified and receives supplemental social security benefits due to disability. (Ord. 2006-05 § 16, 2006: Ord. 98-6 § 2, 1998: Ord. A-3637 § 4, 1990).

13.03.620 Sewer service charge – Rates outside city limits.

The minimum monthly and consumption charges for all sewer services outside the city limits shall be one hundred fifty percent of the charge for the same size service located within the city limits, except, however, the Walla Walla Regional Airport, Walla Walla High School, and Prospect Point Elementary School monthly charges shall be the same as within city limits. (Ord. 2006-05 § 17, 2006: Ord. A-3637 § 5, 1990: Ord. A-3386 § 1(part), 1985).

13.03.625 Sewer service charges – Large industrial/public customers with independent domestic water supply.

A sewer service charge shall apply to all sewer utility customers having a partial or completely independent domestic water service where provisions of Section 13.03.610 do not otherwise apply, in accordance with the following schedule:

A. There shall be a basic charge for sewage treatment assessed to all such consumers based on the approved annual budget for sewage treatment costs divided by the flow of wastewater treated, computed on an annual average basis. This charge will apply to sewage delivered to the wastewater treatment plant through the customer’s sewage transportation system and/or the city of Walla Walla’s sewage transportation/collection system. Specific basic charges shall be calculated based upon each million gallons and any portion thereof of sewage delivered at a rate set forth in the city’s utility rate ordinance.

B. In addition to the basic charge for sewage treatment, there shall be assessed a charge, if applicable, for delivering sewage to the city sewage transportation system based on the approved annual budget for sewer system costs divided by the flow of wastewater treated, computed on an annual average basis. Where the customer operates a public sewage collection system, the charge will be based on the ratio of the public sewage collection system to the sum of such system plus the connecting city sewer system. Specific charges shall be calculated based upon each million gallons and any portion thereof of sewage delivered at a rate set forth in the city’s utility rate ordinance.

C. In addition to the charges above set forth, there shall be assessed to the customer a charge equal to all costs incurred by the city to the point of sewage delivery into the city system, and costs incurred by the city to read, monitor and provide quality assurance and control, together with all laboratory tests and related direct costs to administer the special connection.

D. In addition to the charges above set forth, there shall be assessed to the customer a charge equal to all pretreatment and/or attenuation costs if the following quality/quantity standards are exceeded:

1. Biochemical oxygen demands more than two hundred fifty mg/L, the charge shall be an additional eight percent of the cost for each fifty mg/L over two hundred fifty mg/L; or

2. Total suspended solids less than two hundred fifty mg/L; or

3. The presence of harmful chemicals, greases, VOCs or heavy metal; or

4. A maximum flow of any duration within or greater than fifty percent of the average daily flow.

The additional charges provided in this subsection shall not apply to customers operating under a special agreement or discharge permit in accordance with Chapter 13.30 of the Walla Walla Municipal Code; however, charges, fees, and penalties provided for in that chapter may apply. (Ord. 2006-10 § 3, 2006: Ord. 2006-05 § 18, 2006: Ord. 2005-28 § 2, 2005: Ord. 2004-37 § 2, 2004: Ord. 2003-35 § 2, 2003: Ord. 2003-1 § 2, 2003; Ord. 2001-30 § 2, 2001; Ord. 99-37 § 5, 1999: Ord. 98-30 § 2, 1998; Ord. 97-31 § 3, 1997: Ord. 93-A-42 § 3, 1993).

13.03.627 Sewer service charges – Customers providing substantial contribution to city sewer system.

A. Walla Walla city sewer utility customers which provide substantial contribution to the maintenance, operation, repair, or replacement of various parts of the Walla Walla city sewer system, as determined by Walla Walla city council, shall not be subject to the sewer service charge rates of Section 13.03.625 for the calendar year in which said sewer utility customers provide substantial contribution to the maintenance, operation, repair, or replacement of various parts of the sewer system.

B. A Walla Walla city sewer utility customer which provides substantial contribution to the maintenance, operation, repair, or replacement of various parts of the Walla Walla city sewer system shall be subject to sewer service charges at a rate negotiated between the city and said sewer utility customer for the calendar year in which said sewer utility customer provides substantial contribution to the maintenance, operation, repair, or replacement of various parts of the sewer system, and such other sewer service charges which may apply under Sections 13.03.610, 13.03.620, 13.03.640, and 13.03.645.

C. Under the direction of the Walla Walla city manager, the director of public works for the city may submit to the Walla Walla city council for approval: the name of any sewer utility customer which provides substantial contribution to the maintenance, operation, repair, or replacement of various parts of the Walla Walla city sewer system, together with a proposed negotiated rate applicable to that customer for the calendar year in which said sewer utility customer provides substantial contribution to the maintenance, operation, repair, or replacement of various parts of the sewer system.

D. All sewer receipts collected under this section shall be subject to Section 13.03.630. (Ord. 96-19 §§ 1, 2, 3, 4, 1996).

13.03.630 Sewer receipts – Use restrictions – Self-supporting.

All sewer receipts shall be deposited to the sewer utility fund and shall be exclusively utilized for maintenance, operation, expansion and debt service of the sewer system of the city. Service charges shall be sufficient to make the city’s sewer utility self-supporting. All receipts shall be maintained in accordance with the Budgeting, Accounting, and Reporting System for Cities and Counties and Other Local Governments established by the Washington State Auditor and made applicable to the city of Walla Walla.

All revenue from the system shall be deposited into the wastewater fund as collected and shall be held separate and apart from all other funds of the city. The wastewater fund and the water fund are collectively referred to as the “water and wastewater fund” by Municipal Ordinances 2005-02, 2003-5, 2002-01, and 97-32. The revenue from the system deposited therein shall be used only for the following purposes and in the following order of priority:

First, to pay the costs of maintenance and operation of the system;

Second, to pay the interest on outstanding bonds issued pursuant to Municipal Ordinances 2005-02, 2003-5, 2002-01, and 97-32, and any additional bonds;

Third, to pay the principal of the outstanding bonds and any additional bonds, and to make any mandatory sinking fund deposits required to be made for the payment of the principal of any term bonds;

Fourth, to make all payments required to be made into the reserve account created to secure the payment of outstanding bonds and any additional bonds, and to make any payments required in connection with a surety bond issued by a qualified insurer;

Fifth, to make all payments required to be made into a revenue bond fund or debt service account hereafter created to pay and secure the payment of the principal of and interest on any bonds which have a lien upon the revenue of the system junior and inferior to the lien thereon for the payment of the principal of and interest on the outstanding bonds and any additional bonds; and

Sixth, for any other wastewater utility purpose.

Unless otherwise directed by the city council, a sufficient portion of the sewer receipts shall be allocated at least quarterly to sewer utility accounts established for the purposes of satisfying the payment and other requirements of city bond ordinances, and such allocations shall be reported to council and cannot be reallocated to other accounts without council approval.

The monthly statements from the city shall show, as a separate item, the amount of the sewer service charge or penalty to be charged as of the time of the reading of the water meter, and said charge shall be collected at the time payment is made for the water service. (Ord. 2006-05 § 19, 2006: Ord. A-3386 § 1(part), 1985).

13.03.640 Septage.

A. A truck tank septage charge rate will be imposed for each ton of septage and portion thereof, with a four ton minimum charge, at a rate per ton set forth in the city’s utility rate ordinance. In addition, an administrative fee shall be added to each load in an amount set forth in the city’s utility rate ordinance.

B. Septic trucks may only discharge waste at the septic discharge station located at the Walla Walla wastewater treatment plant. The hauler must first check in, certify that the waste is domestic and pay fees. All loads must have a pH greater than 5.5 and must be lime stabilized by the hauler with twenty-five pounds of lime.

C. The wastewater treatment plant will only accept domestic waste from domestic septic tanks and port-a-potties, or their equivalent. No type of industrial, chemical or food waste will be accepted at the wastewater treatment plant.

D. The wastewater treatment plant will not accept septage which violates any discharge prohibition or standard of Chapter 13.30 or any other requirements established or adopted by the city of Walla Walla.

E. Costs of special tests and handling, if required, will be in addition to treatment charge.

F. The charge for septage originating outside Walla Walla County shall be double the rates applicable to septage originating inside Walla Walla County. (Ord. 2006-10 § 4, 2006: Ord. 2006-05 § 20, 2006: Ord. 2005-28 § 3, 2005: Ord. 2004-37 § 3, 2004: Ord. 2003-35 § 3, 2003: Ord. 99-37 § 6, 1999: Ord. 97-31 § 2, 1997: Ord. 93-A-42 § 2, 1993: Ord. 93-A-7 § 3: Ord. A-3637 § 6, 1990: Ord. A-3386 § 1(part), 1985).

13.03.642 Winery waste.

A. The winery waste charge rate will be imposed based on the rated capacity of truck tank and shall consist of a user charge and an administrative fee in amounts set forth in the city’s utility rate ordinance.

B. Winery waste will be accepted at the city’s decant facility located at 55 Moore Street.

C. The hauler must first check in at the Streets Division and complete all manifest and origin paperwork. The wine waste must have a pH between 5.5 and 9.5, and the hauler will be required to test the pH of the waster prior to discharging. Low pH wine waste must be pH adjusted off site by the hauler prior to dumping at the facility. The hauler will then be directed to a manhole located at the facility to dispose of the waste. (Ord. 2006-05 § 21, 2006: Ord. 2005-28 § 4, 2005: Ord. 2004-37 § 4, 2004: Ord. 2003-35 § 4, 2003).

13.03.645 Schedule of miscellaneous sewer related fees and charges.

The schedule of miscellaneous sewer-related fees and charges to be assessed and paid is as follows:

A. Any party desiring or required to connect to the city system of sewerage or to increase the size of its service shall pay sewer capital facilities charges to the city. The Walla Walla city council has determined that the sewer capital facilities charges established herein are proper and reasonable connection charges in order that such property owners shall bear their equitable share of the cost of the city system of sewerage.

1. The sewer capital facilities charge shall be calculated by multiplying the total of the sewer fixture unit values for each connection location by a rate set forth in the city’s utility rate ordinance. The total sewer fixture unit value shall be the sum of the unit values for each fixture at a connection location. The unit values for certain types of fixtures are as follows:


Type of fixture	Fixture unit value
Bar sink	1.0
Bathtub	4.0
Bath/Shower combo	4.0
Bidet	1.0
Clothes washer, domestic	4.0
Dishwasher, domestic	1.5
Kitchen sink, domestic	1.5
Laundry sink	1.5
Lavatory	1.0
Shower	2.0
Water Closet, 1.6 GPF Gravity Tank	2.5
Water Closet, 1.6 GPF Flushometer valve	To be determined by city public works department
Fixtures not listed above	To be determined by city public works department

2. In cases where the city public works department determines a fixture unit value, it shall, to the extent possible, apply a value similar to the values established herein for comparable fixtures.

3. Any party desiring or required to connect to the city system of sewerage which is projected by the city to produce higher than domestic strength sewage shall be subject to an additional strength component charge per fixture unit. The strength component charge shall be the product of the domestic equivalent ratio for each strength component multiplied by rates set forth in the city’s utility rate ordinance. The domestic equivalent ratio shall be determined by dividing the projected component strength by the ordinary domestic strength.

4. The amount of domestic equivalents of BOD, total suspended solids, and pH used to determine sewer capital facilities charges shall be based on actual sewage component strength if usage history is available. If usage history is unavailable, the amount of domestic equivalents of BOD, total suspended solids, and pH used to determine sewer capital facilities charges shall be estimated by the city public works department.

5. In cases where the amount of domestic equivalents is estimated by the city public works department, actual sewage component strength shall be evaluated by the city as soon as practicable after the connection is placed in regular use and at sufficient intervals thereafter to establish a usage history and to calculate a one-time adjustment. If the usage history clearly demonstrates a particular component strength which is less than the estimated component strength, the city shall reimburse the party which paid the sewer capital facilities charge for the difference between the charge paid based upon the estimate and the charge that would have applied using the usage history to determine component strength. If the usage history clearly demonstrates a particular component strength which is greater than the estimated component strength, the party desiring or required to connect to the city system of sewerage shall be subject to an additional charge for the difference between the charge that would have applied using the usage history to determine component strength and the charge paid based upon the estimate. Nonpayment of such additional charges shall constitute grounds for disconnection.

6. The sewer capital facilities charges established herein shall apply in addition to the costs of connection and any other applicable charges.

B. A side sewer charge will be assessed in an amount set forth in the city’s utility rate ordinance for side sewers installed by the city.

C. Additional charges may be set forth in the city’s utility rate ordinance.

D. Additional sewer connection charges for sewers, pumping stations, disposal plants, or other appurtenances constructed by developers or property owners to serve their own property, but that make sewer service available to intervening property owned by others, shall be established by “latecomer” or “reimbursement” agreements, that reflect the cost of constructing said facilities. These agreements may be effective for fifteen years, after which the connection charges shall revert to the normal connection fees in effect at that time; provided, however, that the term of such agreements may be extended as provided by law.

E. The city public works department is authorized to additionally charge customers for actual costs not otherwise set forth in the Walla Walla Municipal Code or the city’s utility rate ordinance. (Ord. 2007-31 § 1, 2007: Ord. 2006-05 § 22, 2006: Ord. 99-37 § 7, 1999: Ord. 98-37 § 1, 1998; Ord. 93-A-42 § 4, 1993).

Article III. Mandatory Connection

13.03.650 No rights created.

A. No sanitary sewage, industrial or commercial wastes, or other polluted waters shall be discharged into a natural outlet within the city. All such sewage, wastes and waters, except storm waters, must be discharged into the system of sewage works of the city and/or into authorized on-site sewage disposal systems. This obligation applies to the owner of premises and to persons in possession, charge or control of the premises where prohibited discharges either originate or occur.

B. This chapter shall not create rights to require construction of public sewers, connection thereto or otherwise to receive sewer service from the city on the part of any person. The city reserves all rights to deny, limit, or curtail service. (Ord. A-3386 § 1(part), 1985).

13.03.660 On-site sewage disposal systems.

A. Unless otherwise expressly prohibited, on-site sewage disposal systems are permitted only where public sewer service is unavailable.

B. On-site sewage disposal systems must be approved by the health officer, and be in accordance with the jurisdictional health agency’s regulations in addition to any requirements of the city.

C. As used herein, “unavailable” means not available as determined by the city engineer. Sewer service shall be deemed available where the property line of the served property is located within three hundred feet of a street, highway, alley, or easement in which a public sewer is located, unless otherwise ordered by the city engineer.

D. On-site sewage disposal systems are never permitted if the city engineer or health officer determines they are a danger to or may adversely affect public safety and health and/or they are malfunctioning or improperly constructed or maintained.

E. Notice of noncompliance with the requirements of this section shall be given to the landowner and/or persons in possession, charge or control of the premises, and shall allow thirty days for compliance; provided, a longer or shorter time may be set by the city engineer or health officer as may be deemed necessary to protect the public health and safety.

F. Private systems shall be discontinued when public sewer becomes available. When a public sewer becomes available within three hundred feet of the property served by a private sewage disposal system, a direct connection shall be made to the public sewer within ninety days after official notice to do so, in compliance with this title. As soon as such connection is made, any septic tanks or similar private sewage disposal facilities shall be abandoned and filled with suitable material, subject to the approval of the city engineer and/or health officer.

G. General Requirements. Type, capacities, location and layout of a private sewage or disposal system shall comply with the rules and regulations of the Washington State Board of Health and Walla Walla County ordinances governing on-site sewage disposal systems.

H. Health Requirements, Additional. The requirements of this title are additional to those imposed by the city health officer under applicable statutes, regulations and ordinances.

I. In accordance with RCW 35.67.190, a penalty is levied upon all property owners, and their premises, who fail to immediately connect to an available public sewer in the amount stated in Section 13.03.610(D) which shall be collected and enforced in the manner provided in this chapter. (Ord. 2006-05 § 23, 2006: Ord. 99-37 § 8, 1999: Ord. A-3386 § 1(part), 1985).

13.03.670 Adequate connections.

A. Every owner of any structures or premises used for human occupancy, employment, recreation or used for other purposes requiring sanitary facilities, or when the city engineer or health officer shall so order, shall construct or cause to be constructed all necessary sanitary facilities and a sufficient sewer or sewer extension for connection to the public sewer in the manner prescribed by city ordinance and regulations unless specifically exempted therefrom in writing by the city engineer.

B. A separate and independent side sewer shall be provided for each and every building or structure or any other premises or property as required by the city engineer. A private sewer may be permitted in cases of engineering necessity, to prevent or correct a health or safety hazard or for other good cause, all as determined by the city engineer or health officer.

Separate Sewers Required – Exception. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interim lot or temporary mobile home and it is impracticable to require a separate building sewer, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

C. The sewer shall connect the building, structure or property and all water closets or pipes therein used as receptacle of or conductor of sewage to the public sewer.

D. Tampering with Sewers Forbidden. No person not a city employee shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the city engineer.

E. Application and permit for connections with public sewers fee. The owner, his agent, or his sewer contractor shall make application on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as is deemed necessary by the city engineer for enforcement of this title, and a permit to perform work in public rights-of-way or easements shall be obtained from the city engineer prior to performing sewer work in such areas or making connections to public sewers.

F. City not Responsible for Private Building Sewers. The city assumes no responsibility for the maintenance or replacement of any building sewer lines on private property or in easements or street rights-of-way or building sewer connections to the public sewer system.

G. Cost to be Borne by Owners. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner or applicant of the premises in question shall indemnify the city against any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

H. Old Side Sewers Must Conform. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city engineer, to meet all requirements of this title.

I. Notice of noncompliance with the requirements of this section shall be given to the landowner, or person in possession, charge or control of the premises, and shall allow thirty days for compliance; provided, a longer or shorter time may be set by the city engineer or health officer as may be deemed necessary to protect the public health and safety. (Ord. 2000-9 § 8, 2000: Ord. A-3386 § 1(part), 1985).

13.03.680 Easement – Agreement to maintain – Private sewer.

A. As an additional condition of allowing connection of a private sewer, the property owner may be required to execute and record an easement appurtenant to and for the benefit of premises connected to the private sewer, allowing perpetual access to the sewer by all premises connected and mutually covenanting to maintain the sewer for the enjoyment of all such premises.

B. The easement shall not be subject to revocation without the concurrence of all interested parties and the written approval of the city engineer. The city shall have no maintenance, repair, or replacement obligations for private property sewers. (Ord. 2000-9 § 9, 2000: Ord. A-3386 § 1(part), 1985).

13.03.690 Prompt repair required for privately maintained system.

A. When any sewer, pipe, drain or on-site sewage disposal system located on private premises becomes obstructed, broken, out of order, or otherwise inoperative, the health officer, building official, or the city engineer shall, if the owner of such premises or the owner’s agent fails to correct the problem after two days’ notice to do so, and upon a determination that the public health and safety is or could be endangered thereby, cause such sewer to be removed, reconstructed, repaired, pumped, altered or cleansed, as the city engineer may deem expedient, at the expense of the owner of such premises as aforesaid. No notice is necessary in cases of imminent danger to the public health and safety.

B. The broken, obstructed, out of order or otherwise inoperative sewers, pipes, or on-site sewage disposal systems, are declared public nuisances which may be summarily abated at the sole expense of the owner(s) of the premises and/or responsible persons, notwithstanding any other provision of this chapter. (Ord. 2000-9 § 10, 2000: Ord. A-3386 § 1(part), 1985).

Article IV. Nonconforming, Industrial Wastes – Preliminary Treatment

13.03.700 Wastes approval.

The admission into the sewer system of any waters or wastes having any of the following characteristics shall be deemed nonstandard sewage and shall be subject to the review and approval of the wastewater superintendent prior to discharge into the sewer system:

A. A five-day biochemical oxygen demand greater than two hundred sixty milligrams per liter; or

B. Containing more than two hundred fifteen milligrams per liter of suspended solids, or six hundred milligrams per liter of total solids; or

C. Containing any quantity of substances having the characteristics described in Section 13.03.870; or

D. Having an average daily flow greater than two percent of the average daily sewage flow of the city; or

E. Containing more than seven milligrams per liter per day of total phosphorous. (Ord. 2000-9 § 11, 2000: Ord. A-3386 § 1(part), 1985).

13.03.710 Nonstandard sewage – Preliminary treatment.

A. Nonstandard sewage or wastes shall be made compatible with sanitary sewerage through a system of pretreatment by the persons using the sewer system prior to discharge of the waste.

B. Provided, however, a special agreement or arrangement between the city and any industrial or commercial concern whereby an industrial or commercial sewage or waste of unusual strength or character may be accepted by the city for treatment, subject to special payment therefor by the industrial concern. (Ord. 2000-9 § 12, 2000: Ord. A-3386 § 1(part), 1985).

13.03.720 Preliminary treatment facilities – Owner’s expense.

Where preliminary treatment facilities are provided for any sewage or wastes, they shall be maintained continuously in satisfactory and effective operation at the sole expense and liability of the owner. See Section 13.30.060 through Section 13.30.140 regarding additional requirements. (Ord. 2000-9 § 13, 2000: Ord. A-3386 § 1(part), 1985).

13.03.730 Submission of plans.

Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the city engineer and the Department of Ecology of the state of Washington for approval, and no construction of such facilities shall be commenced until such approvals are obtained in writing. (Ord. A-3386 § 1(part), 1985).

13.03.740 Side sewer manhole.

When required by the wastewater superintendent, the owner of any property served by a side sewer carrying industrial wastes shall, within ninety days of notification, install a suitable manhole in the side sewer to facilitate observation, sampling and measuring the wastes. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the city engineer. The manhole shall be installed at the sole expense and liability of the owner(s) and shall be maintained so as to be safe and accessible at all times. (Ord. 2000-9 § 14, 2000: Ord. A-3386 § 1(part), 1985).

13.03.750 General standards.

All measurements, tests and analyses of the characteristics of sewage and wastes shall be determined in accordance with the current edition of Standard Methods for the Examination of Water and Sewage, a publication of the American Public Health Association, Inc., and/or current EPA recommendations, and shall be taken at the access manhole provided for in Section 13.03.740 or based upon suitable samples taken at the control manhole. In the event that no special access manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the side sewer is connected. (Ord. 2000-9 § 15, 2000: Ord. A-3386 § 1(part), 1985).

Article V. Grease, Oil, Sand Traps, Intercepters

13.03.760 Grease traps.

The following conditions shall be in addition to the requirements of Chapter 7 and Appendix H of the Plumbing Code. In all cases where a structure is used as a hotel, boardinghouse or restaurant, or where required by the wastewater superintendent, building official, or the health officer, the owner shall provide a properly constructed grease trap through which all wastes of a greasy nature shall be drained. All grease traps shall be of a type, capacity and design approved by the wastewater superintendent or building official.

Traps shall be required when the sewage or waste contains any of the following:

A. Any liquid or vapor having a temperature higher than one hundred forty degrees Fahrenheit (one hundred forty degrees Fahrenheit = sixty degrees Celsius);

B. Any water or waste which may contain more than forty milligrams per liter by weight of animal or vegetable fat, oil or grease;

C. Any gasoline, benzene naphtha, fuel oil, or other flammable liquid, solid or gas, or other petroleum products and derivatives;

D. Any garbage that has not been properly shredded;

E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair, bristles or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operations of the sewage work.

Grease traps to collect emulsified cooking grease from commercial establishments shall be located downstream from cooking and washing facilities a sufficient distance or be sufficiently large to cool the waste to a lower temperature than one hundred forty degrees Fahrenheit before leaving trap. (Ord. 2000-9 § 16, 2000: Ord. A-3386 § 1(part), 1985).

13.03.770 Grease, oil, sand intercepters – Installation.

Grease, oil and sand intercepters or other necessary removal facilities shall be installed on premises at the owner’s expense and liability when, in the opinion of the wastewater superintendent of the city, they are necessary for the proper handling of sewage from the premises of or point of origin. All interceptors shall be of a type and capacity approved by the wastewater superintendent and shall be located as to be readily accessible for cleaning and inspection. (Ord. 2000-9 § 17, 2000: Ord. A-3386 § 1(part), 1985).

13.03.780 Grease, oil, sand intercepters – Construction.

Grease, oil and sand intercepters shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. (Ord. 2000-9 § 18, 2000: Ord. A-3386 § 1(part), 1985).

13.03.790 Grease, oil, sand intercepters – Maintenance.

Where installed, all grease, oil and sand intercepters shall be maintained by the owner, at the owner’s expense and liability, in continuously efficient operation at all times. (Ord. 2000-9 § 14, 2000: Ord. A-3386 § 1(part), 1985).

Article VI. Sewer Construction

13.03.800 Applicable codes.

A. All building sewers shall be constructed in accordance with Chapters 2, 4, and 11 of the Plumbing Code, except as amended in this chapter.

B. Construction in Public Rights-of-Way. All work in public rights-of-way shall conform to the provisions of Title 12 and the City’s standard plans.

C. Construction of sewers shall conform to plans and specifications prepared by a professional engineer licensed by the state of Washington in conformance with the city’s standard plans and approved by the city engineer. (Ord. 2000-9 § 20, 2000: Ord. A-3386 § 1(part), 1985).

13.03.810 Costs of installation – Connection – Indemnity.

A. All costs incident to the installation, connection, and maintenance of a side sewer, special side sewer or private sewer, including connection to public sewers, shall be paid by the owner(s).

B. The owner shall indemnify the city from any loss, liability or damage that may directly or indirectly be occasioned by the installation of the side sewer, special side sewer or private sewer for a period of two years from the date of inspection by the city engineer and shall be responsible for said construction, in addition to perpetual operation and maintenance of the sewer line and its connection with a public sewer. A bond or other adequate security to insure this obligation may be required by the city engineer based on the nature and size of the construction. (Ord. 2000-9 § 21, 2000: Ord. A-3386 § 1(part), 1985).

13.03.820 Extensions – Risk.

In cases of extension, construction or reconstruction of all or any portion of side sewer, special side sewer, or private sewer, the owner is responsible for the proper functioning of the entire side sewer up to the public sewer connection, and shall indemnify and hold harmless the city for any cost or expense, loss liability or damage that may directly or indirectly be occasioned by any malfunction of said sewer. (Ord. 2000-9 § 22, 2000: Ord. A-3386 § 1(part), 1985).

13.03.830 Eligibility – Sewer permits.

A. A sewer permit shall be issued only to a person or business having a current general state contractor’s license or a specialty contractor’s license.

B. This section shall not be construed to require a contractor’s license for a property owner to construct a side sewer on the owner’s property or place of residence. (Ord. 2000-9 § 23, 2000: Ord. A-3386 § 1(part), 1985).

13.03.840 Building sewer specifications.

A. Special Basement Requirements. Additional standards for protection of health, safety and welfare of users and equitable distribution of service charges are required for habitable or sewered elements of structures where backwater valves are required by Sections 209 and 409 of the Plumbing Code. These additional standards are:

1. Side sewer must slope one-fourth inch per foot minimum, no exceptions;

2. Approved backwater valves are required, and must be maintainable by the property owner;

3. As a condition of permit, the property owner must execute an agreement running with the land holding the city harmless from any damages resulting from public sewer stoppage; and

4. Install a private pump station when required.

B. Pump Stations. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage shall be lifted by a private pump station approved by the building official and discharged into the building sewer. Maintenance and operation of such pump stations are a responsibility of the property owner. (Ord. 2000-9 § 24, 2000: Ord. A-3386 § 1(part), 1985).

13.03.850 Private pump station – Construction plans required.

Any person desiring to construct a private pump station intended to be connected with or discharged into any sewer, he shall, before beginning work upon the same, file with the building official or the city engineer two sets of plans, specifications, design calculations and any other applicable information as deemed necessary by the building official or the city engineer. The plans, specifications and design calculations, or copies thereof, shall be left on file at the office of the building official or the city engineer. (Ord. 2000-9 § 25, 2000: Ord. A-3386 § 1(part), 1985).

13.03.860 Notice and inspection.

Any person desiring to construct or repair any sewer in any street, alley or easement in which the sewer is located, shall first obtain permits as required under Section 13.03.800, and shall give at least twenty-four hours notice before actually commencing work to the city engineer.

A. Sewers must be inspected and found satisfactory before covering the pipe. Cost of reinspection occasioned by faulty or improper work or failure to comply with these provisions may be charged to the contractor or owner.

B. The wastewater superintendent, the health officer or the city engineer shall have the right to enter upon the premises served by any on-site disposal system, or served by a side sewer, special side sewer, private sewer or otherwise connected with any public sewer at all reasonable hours to ascertain whether the provisions of the ordinance codified in this chapter or any other ordinance relative to sewers have been followed.

C. The owner or occupant of any house, building or property shall allow authorized persons to inspect on site the nature of wastes intended to be discharged into a public sewer and/or an on-site sewage disposal system.

If said facilities, sewers or attachments are in conflict with the provisions of any law or ordinance in regard thereto, the owner of said premises shall be notified to cause said sewers or attachments to be altered, repaired or reconstructed as to make them conform to the requirements of the law and ordinances within thirty days from the date of such notice, except as otherwise specifically provided. (Ord. 2000-9 § 26, 2000: Ord. A-3386 § 1(part), 1985).

Article VII. Prohibitions and Limitations

13.03.870 Prohibitions and limitations.

Except as hereinafter provided, no person shall discharge the following substances into the sanitary sewers:

A. Any flammable or explosive liquid, solid, or gas which may, by themselves or by interaction with other substances, cause fire or explosion or injury to persons, property, or the operation of the sewer system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the wastewater superintendent, the state, or EPA has not notified the user is a fire hazard or a hazard to the system.

B. Any wastes, waste waters or substances having a pH less than 5.5 or more than 9.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewer system. This includes, but is not limited to, battery or plating acids or wastes, copper sulfate, chromium salts and compounds, or salt brine.

When pH correction is required, and automatic feeders for neutralizing agents are used, spikes or excursions outside the 5.5 or 9.5 range caused by overcorrection or system failure not to exceed ten minutes duration, shall not be cause for rate increase provided other prohibited discharges did not occur simultaneously.

C. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one quarter inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. The basis for determination of excess amounts of the above will be judged on standard levels found in normal domestic wastewater.

D. Any waste containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the water system, or to exceed the limitation set forth in a Federal Categorical Pretreatment Standard.

E. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

F. Any water or waste which contains in excess of forty milligrams per liter of fat, wax, oil or grease, whether or not emulsified, ether-soluble or n-hexane soluble matter or any substance which may solidify or become discernibly viscous at temperatures above zero degrees Celsius (thirty-two degrees Fahrenheit). (See additionally Section 13.30.050.) (Ord. 2000-9 § 27, 2000: Ord. A-3386 § 1(part), 1985).

13.03.880 Additional limitations.

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 wastewater superintendent that such wastes can harm either the sewers, wastewater treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the wastewater superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than one hundred forty degrees Fahrenheit;

B. Large quantities of shredded garbage or garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (five hundred sixty watts) or greater shall be subject to the review and approval of the wastewater superintendent;

C. Any waters or wastes as discharged to the public sewer containing iron, chromium, copper, zinc, and similar objectionable or toxic substances exceeding a concentration defined in Section 13.03.870 or such other limits as may be established in compliance with applicable state or federal regulations;

D. Any waters or wastes containing phenols or other taste or odor producing substances in concentrations exceeding limits set by USEPA Standards or may be established 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;

E. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable state or federal regulations;

F. Materials which exert or cause:

1. 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),

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

3. Unusual chlorine requirements in such quantities as to constitute a significant load on the plant,

4. Unusual volume of flow or concentration of wastes constituting a slug load which can be demonstrated to cause interference to the collection or treatment facilities.

In circumstances requiring a numerical value for “unusual” or “excessive,” the city shall fix the value on a case by case basis;

G. Any waters or wastes containing a total of sixty or more pounds of either suspended solids or BOD in any one day;

H. 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 requirement of the NPDES permit or those of other agencies having jurisdiction over discharge to the receiving waters. (See additionally Section 13.30.060.) (Ord. 2000-9 § 28, 2000: Ord. A-3386 § 1 (part), 1985).

13.03.890 Injury, breaking manhole, etc. – Prohibited.

It is unlawful for any person to injure, break or remove any portion of any manhole, lamphole, flush tank or any part of a public sewer. (Ord. A-3386 § 1(part), 1985).

13.03.900 Permit required for extension.

It is unlawful for any person to extend any private or side sewer beyond the limits of the property for which a permit has been given or into a utility easement, wherever located, without obtaining an additional permit for the desired extension. (Ord. A-3386 § 1(part), 1985).

Article VIII. Septage

13.03.910 Septage.

A. Authority to Accept at Plant. The wastewater superintendent is authorized to accept domestic septic tank sludge at the sewage treatment plant between the hours of eight a.m. and five p.m. daily, subject to the restrictions hereinafter contained. The administrative functions hereof shall be carried out by the wastewater superintendent.

B. Permit Required. No person shall be permitted to dump domestic septic tank sludge at the sewage treatment plant without first securing a permit to do so from the wastewater superintendent. All such permits shall be issued for a period expiring December thirty-first next following the issuance of the permit, and shall be subject to general termination or suspension by the wastewater superintendent on a finding that the plant is not functioning adequately or its capacity is otherwise committed, and subject to revocation by the wastewater superintendent upon breach of any of the conditions found in subsection C of this section. The application for the permit shall be on a form prescribed by the wastewater superintendent and must include a description of the equipment to be used by the permittee, the names and addresses of the owners of such equipment, and of all persons who will be operating the same, and a specific undertaking, signed by the owners of the equipment that they, and all their agents and employees, shall keep and perform the conditions set forth herein. The wastewater superintendent may refuse to issue, re-issue, or renew a permit to any applicant who has had a previous permit hereunder revoked.

C. Required Conditions. Violation of any of the following by a permittee shall be grounds for revocation of a permit and for the recovery from the sureties on the permittee’s land for any loss to, or amount due, the city by reason thereof:

1. The discharge of any sewage or sludge into any sewer system within the jurisdiction of the city other than at a dumping facility specifically designated by the wastewater superintendent for such purpose;

2. The dumping or discharge, or the attempted dumping or discharge, of any sewage or sludge of the following character: caustic, acid, oil tank bottom contents, grease or oil trap sludges, plating or metal finishing waste, digested sewage sludge, animal manure, food processing wastes, including skins, shells, seeds, blood, hair, bones, grease, or feathers, industrial sumps, or holding tanks for other domestic wastes;

3. The dumping or discharge of any sludge or sewage which is known to the permittee, or to his employer or agent, to contain waste other than domestic septic tank sludge, whether or not such material is described in subsection (C)(2) of this section;

4. The failure to accurately certify the source of the load of sewage or sludge prior to dumping, in the form required by the wastewater superintendent;

5. The failure to pay all charges for dumping sewage sludge within thirty days after the end of the calendar month during which such sludge was dumped;

6. The failure to clean the immediate area of the dumping facility after dumping so as to leave the area in a clean and sanitary condition;

7. The failure to conform with the load-handling procedures established by the operator in charge of the plant, approved by the wastewater superintendent and posted at the plant.

D. Dumping Fees. The wastewater superintendent shall establish the procedure for controlling the dumping process and shall collect from the permittees, on monthly statements, fees for the dumping of septic tank sludge in accordance with such fee schedule as may be approved by the city council.

Atypical or extra-strength septic tank sludge may be received for treatment, at the discretion of the operator in charge of the plant, and fees computed in ratio of strength of a typical domestic septic tank sludge under service charge schedule to the atypical or extra-strength sludge as determined by standard tests generally accepted by treatment plant operators. Any misrepresentation of the character or amount of such material shall be basis for revocation of permit. (See additionally Section 13.30.160.) (Ord. 2000-9 § 29, 2000: Ord. A-3386 § 1(part), 1985).

Article IX. General Provisions

13.03.920 Abatement of public nuisance.

A. Notwithstanding any other provision of this chapter, and in addition thereto, the maintenance of any condition adverse to the public health and safety or creating or tending to create a risk to the public health or safety, specifically including accumulations of raw or treated sewage or sludge of any nature or danger or possibility thereof, or contamination of any public or domestic water supply system or well or a danger or possibility thereof, or contamination of any public or domestic water supply system or well or a danger or possibility thereof, shall constitute a public nuisance and, in the discretion of the city engineer or health officer shall be subject to immediate abatement by the city at the premises owner’s and/or other responsible person’s expense and liability.

B. Abatement of any nuisance as defined in subsection A of this section may be billable as a utility service furnished to the premises wherein the condition arose or exists.

C. This section shall not limit the premises owners’ or other parties’ rights to seek recovery against other responsible persons.

D. The city engineer, wastewater superintendent, and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter at reasonable times all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this code. (Ord. 2000-9 § 30, 2000: Ord. A-3386 § 1(part), 1985).

13.03.930 Suspension of service.

A. In case of emergency, equipment failure, inaccessibility or for other reasons as directed by the city engineer in the interests of the public health and safety, sewer or water service may be temporarily or permanently suspended to one or more premises or locations within the city, with or without notice.

B. Service to any premises may be suspended for nonpayment of accounts. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this title. Such suspension shall render the premises where such service is suspended, subject to condemnation for sanitary reasons and/or exercise of municipal power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons. (Ord. A-3386 § 1(part), 1985).

13.03.940 Responsibility for sewers – Fixtures.

A. The city assumes no responsibility whatsoever for any side sewers, special side sewers, private sewers, other nonpublic sewers or other such pipes, fixtures or appurtenances. This includes responsibility for costs of construction, repair and/or maintenance. It includes liability for losses, claims, damages or injuries arising directly or indirectly from the use or existence of said nonpublic pipes and fixtures.

B. Except as required by the general law of this state, the city assumes no additional responsibilities for public sewer service or wastewater disposal or treatment or as to the construction, repair or maintenance of public sewers.

This code shall not be construed to expand such responsibilities.

C. Any expenses incurred by the city for excavation, cleaning or inspecting public sewers by demand of the sewer user shall be the responsibility of the sewer user unless the inspector determines the problem was caused by a public sewer. Such costs will be in addition to any general penalties under Chapter 1.24 of this code.

D. All expense and liability for loss or damage for cleaning, repairing and maintenance of a side sewer or a private sewer from the building drain to and including connection with the public sewer shall be the responsibility of the property owner. (Ord. 2000-9 § 31, 2000: Ord. A-3386 § 1(part), 1985).

13.03.950 Penalties.

Any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be guilty of an infraction and shall be punished by a fine of not more than five hundred dollars. In addition, actual damages and expenses incurred as required to effect repairs to public sewers shall be assessed in addition to the monetary fine. (Ord. A-3386 § 1(part), 1985).