Chapter 13.15
SEWER SYSTEMS – OPERATION, MAINTENANCE, AND REPAIR

Sections:

13.15.010    Application.

13.15.020    Recodified.

13.15.030    Sewer permits.

13.15.040    Permit issuance.

13.15.050    Materials – Installation – Connections – Service lateral cap-off – Connection of home pump units.

13.15.060    Fees and standards.

13.15.070    Additional work.

13.15.080    Exhibition of permit.

13.15.090    Cost recovery.

13.15.100    Other permits required.

13.15.110    Ownership of sewer and lines.

13.15.120    Responsibility for service lines and equipment.

13.15.130    Identification of utilities location.

13.15.140    Inspection.

13.15.150    Notice of noncompliance or defect.

13.15.160    Effect of review and issuance of permit or inspection.

13.15.170    Fees, billing and collection for services.

13.15.180    Delinquency charges.

13.15.190    Termination of sewer service.

13.15.200    Mailing of billings.

13.15.210    Inspection, maintenance and repair.

13.15.220    Prohibited wastes.

13.15.230    General penalty.

13.15.240    Public nuisances.

13.15.250    Sewage, sludge and outfall fees lien.

13.15.010 Application.

This chapter, and all provisions thereof, shall apply to and govern the ownership, operation, maintenance, repair, connection to, discharge into, and use of a sewer system in the area of the borough outside cities. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.005.]

13.15.020 Definitions.

Recodified as KGBC 13.10.015 by Ord. No. 1704A.

13.15.030 Sewer permits.

No person shall make any opening into a public sewer, or connect any sewer line, side sewer, lateral, pipe, drain, or other device to a public sewer, or construct, install, repair, alter, reconstruct, relocate, or reconnect any side sewer, sewer line, pipe, lateral, pipe drain, or other device to be connected to a public sewer, unless a sewer permit is first obtained as provided in this chapter. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.015.]

13.15.040 Permit issuance.

(a)    Application. The owner of the property to be served shall file an application for a sewer permit with the borough on such form and accompanied with the required fee and such further information as may be required by the borough.

(b)    Plans. With each permit application there shall be submitted for review and approval by the borough inspector a site plan and construction drawings and specifications prepared in accordance with the ordinances, rules, adopted regulations and standards showing the entire course of the proposed sewer line from the public sewer system to its connection with the plumbing or drain from the building or premises to be served, and all branches to be connected thereto. The borough director of public works may require changes or modifications to be made to the plans, drawings and specifications, and may designate the manner in which any sewer lines or pipes shall be connected to the building plumbing, the location where connection with the public sewer line or system shall be made, the size, grade, material, and any other matters relating to installation of the proposed sewer line, including such changes, modifications, or requirements as may be specified, required, or recommended by ADEC.

(c)    Permit Issuance. Upon approval of the permit application, the borough shall authorize the applicant to proceed to connect the proposed side sewer, sewer line, sewer pipe, or facility to the public sewer system in accordance with the terms and conditions set forth in such permit, this chapter, adopted standards and regulations, and other provisions of law. If the applicant proceeds in any manner other than as authorized, the borough inspector may require the applicant to stop work and to modify, remove, replace or reconstruct any work that is not in compliance with the terms and conditions of the permit, this chapter, applicable standards and regulations, or other requirements of law, whether or not such work has been covered or completed, or such sewer permit may be revoked. [Ord. No. 1307S, §2, 5-3-04; Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.020.]

13.15.050 Materials – Installation – Connections – Service lateral cap-off – Connection of home pump units.

(a)    General.

(1)    The standards set forth herein apply to the construction and installation of any sewer pipe which is to be connected to the sewer system owned or operated by the borough whether from a residence or any other building, structure or facility. In some areas an onsite treatment unit approved by the ADEC may be located at some point in the side sewer on the private property.

(2)    All materials and workmanship regarding installation of any sewers connected to the public sewer shall be as specified herein.

(3)    Connections shall be made only at the point designated by the KGB and all plumbing outlets shall be connected to the public sewer.

(b)    Materials.

(1)    Pipe. All pipe shall be of an approved type of material.

(2)    Approved Materials. The following are approved pipe materials: cast-iron, ductile iron, polyvinyl chloride (PVC), acrylinitril-buladiene-styrene (ABS) or high density polyethylene (HDPE).

a.    Cast-Iron Pipe. Shall conform to ASTM designation A-74 with rubber gasket joints conforming to ASTM designation C564.

b.    Ductile Iron Pipe. Shall conform to AWWA C151, class 50, with mechanical or push-on joints conforming to AWWA C111 and both pipe and fittings shall have a cement mortar lining conforming to AWWA C104.

c.    Polyvinyl Chloride (PVC) Pipe. Shall conform to AWWA C900, pressure class 150, DR 18. Material shall meet ASTM D 1784, cell class 12454-B. Joints shall conform to ASTM D-3139.

d.    Acrylinitril-Buladiene-Styrene (ABS) Pipe. Shall conform to ASTM designation D2661, minimum schedule 40. Joints may be rubber gasketed or solvent welded.

e.    High Density Polyethylene (HDPE) Pipe. Shall conform to ASTM D2737 manufactured with PE 3408 material. Minimum wall thickness shall be equal to or greater than a standard dimension ratio of eleven (11).

(3)    Fittings. Fittings shall be of the same material as the pipe being connected with the following exceptions:

a.    Cast-iron fittings may be used for ductile iron pipe.

b.    Fittings of material dissimilar from the pipe are acceptable only if they are a standard manufactured item for the intended application.

(4)    Adapters. Connections between pipe types and/or sizes shall be made with flexible pipe connectors such as those manufactured by Fernco or Multi-Fittings.

(c)    Installation.

(1)    Grade and Depth.

a.    All side sewers shall be laid at not less than a two (2) percent grade (two (2) feet per one hundred (100) feet), and not more than a two hundred (200) percent (two (2) feet vertical, one (1) foot horizontal) grade. Side sewers shall not be laid within thirty (30) inches from any foundation wall of any building or, if there is no foundation wall, within thirty (30) inches from the outer lines of any footings, pilings, or building supports.

b.    Minimum ground cover shall be:

1.    Within any public road, right-of-way, or public utility easement: not less than sixty (60) inches;

2.    At the private property line: not less than thirty-six (36) inches;

3.    Within private property: not less than eighteen (18) inches.

c.    When, at the discretion of the KGB, it is determined for certain conditions that the requirements of this section cannot be met, the KGB shall have the authority to adjust them accordingly.

(2)    Alignment.

a.    A side sewer shall be laid at uniform grade and in straight alignment to the extent possible. Changes in direction shall be made only with curved pipe or with no greater than forty-five (45) degree bends. All pipe shall be laid on a firm earth bedding containing no material larger than one (1) inch. If the trench bottom contains mud or water, the pipe shall be laid on a crushed base course as approved by the KGB. Backfill around the pipe and to a point four (4) inches above the pipe shall be selected, trench side material hand placed and hand tamped, with no material larger than one (1) inch except that ductile iron pipe may be backfilled with stones not larger than three (3) inches.

b.    All pipe in any public or private road right-of-way or easement shall be ductile iron unless otherwise approved by the borough director of public works.

(3)    Sewer Pipe Size.

a.    The side sewer serving not more than two (2) residential units shall be not less than four (4) inches in diameter. A side sewer serving three (3), but not more than six (6) residential units shall be not less than six (6) inches in diameter. A side sewer serving more than six (6) residential units shall be engineered to meet existing site conditions by an engineer licensed in the state of Alaska; however, in no event shall such sewer pipe be less than six (6) inches in diameter unless otherwise approved by the KGB.

b.    Mobile homes and trailer houses shall meet the same minimum pipe size requirement as a single-family residence and shall have a flush connection accessibility with a screw-down cap.

(4)    Clean Out. A clean out is required whenever a combination of forty-five (45) degree bends are used and immediately outside the house or structure in situations where the KGB or ADEC deems such necessary.

(5)    Requirements Are Minimum. The requirements set forth in these standards and regulations are minimum requirements only and are intended to apply only under usual and ordinary conditions. These requirements may be increased or modified in unusual situations at the discretion of the KGB when it is deemed such to be in the public interest.

(d)    Connections.

(1)    General. Normally the side sewer will connect to an existing sewer lateral stubbed out from the public sewer line in the street or easement to the property line. Connection to this stub will be made with a standard fitting or adapter as described above.

(2)    Locating Connection Point. If the stub is not at the location identified by the KGB, the property owner or side sewer contractor shall prospect not less than five (5) feet in all directions from the location given, and if unable to locate such connection point, shall immediately notify the KGB. At the request of the property owner the KGB shall then cause a saddle to be installed on the collector line adjacent to the location previously identified as the stub location. The cost of such installations shall be paid by the property owner.

(3)    New Sewer Stub.

a.    If a sewer stub is required where none had been planned or constructed, it shall be properly installed at the property owner’s expense.

b.    Prefabricated saddles shall be utilized for making the tap into the public sewer.

(4)    Restoration of Rights-of-Way and Easements. Where it is necessary, in order to make a connection to a public sewer, to excavate in any public road, public right-of-way, or utility easement, all required permits shall be first obtained and such excavation shall be restored promptly and expeditiously following inspection and approval of the new line.

a.    Trench backfill in roadways shall be soil and/or well graded rock which can be compacted to a dense mass. Organic soils and soils which because of excessive moisture content cannot be compacted are considered unsuitable and shall not be utilized for trench backfill.

b.    All gravel roadway surfaces disrupted or damaged by trenching shall be resurfaced with six (6) inches of untreated base meeting the requirements of Alaska Department of Transportation and Public Facilities grading D-1.

c.    Trench backfill outside traveled roadways shall be the native material excavated from the trench.

(5)    Vehicle and Pedestrian Safety. All sewer excavations shall be conducted with due regard for the safety and convenience of the public. Open trenches shall be protected with barricades that can be seen at a reasonable distance, and shall be adequately lighted at night. Lighted signs for detours and construction in progress shall be provided. All conditions of the sewer or other construction permits shall be strictly observed; however, following or failure to follow such conditions or requirements shall in no way impose any responsibility or liability on the KGB or ADEC and shall not relieve the owner or person doing the construction of his responsibility or liability.

(e)    Service Lateral Cap-Off. In the event any property owner desires to have side sewer service terminated for any property because the building or structure thereon has been removed, damaged, destroyed, condemned, or for any other reason, the side sewer shall, upon receipt of a sewer permit, be capped off at the property line or at another point to be approved by the KGB. The procedure shall be accomplished in a manner approved by the KGB not later than thirty (30) days after the removal, damage, destruction, or condemnation of the building. A sewer permit must be obtained from the borough prior to cap-off. All costs associated with capping-off a service lateral shall be at the expense of the owner of the property.

(f)    Connection of Home Pump Units. In areas where topography precludes gravity flow into the public sewer and a pumping system is utilized, the following standards apply:

(1)    Materials.

a.    Ductile Iron Pipe. Shall conform to AWWA C151, class 50, with mechanical or push-on joints conforming to AWWA C111 and both pipe and fittings shall have a cement mortar lining conforming to AWWA C104.

b.    Cast-Iron Pipe. Shall conform to AWWA C106 or C108, shall be a minimum of class 22 thickness, and shall have mechanical or push-on joints conforming to AWWA C111. Pipe and fittings shall have cement mortar linings conforming to AWWA C104.

c.    Polyvinyl Chloride (PVC) (Under Four (4) Inches). Shall conform to ASTM D2241 with a minimum wall thickness having a standard dimension ratio no greater than twenty-one (21). Joints shall conform to ASTM D3139 using a restrained rubber gasket conforming to ASTM F477.

d.    Polyethylene Plastic Pipe (Two (2) Inches and Smaller). Shall conform to ASTM D2239 manufactured with PE 3406 material. Pipe shall have a standard dimension ratio not exceeding seven (7). Fittings shall be brass flare or compression type not requiring heat flame, cement, or solvent weld to effect a seal.

e.    Copper Tubing. Shall conform to ASTM B88, Type K annealed tubing. Fittings shall be brass flare.

(2)    Installation.

a.    Trenching, depth of bury, and backfill materials shall conform to that specified for gravity installations.

b.    Each pump installation shall be fitted with a check valve on the discharge side of the pump.

c.    The pipe material and size shall be compatible with the type and size of pump employed.

d.    The discharge pipe between the pump and the connection to the sewer mainline shall have a high point at least one (1) foot higher than the top of the side sewer-sewer mainline connection.

e.    The side sewer-sewer mainline connection shall be made to the upper half of the mainline. [Ord. No. 1307S, §2, 5-3-04; Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.025.]

13.15.060 Fees and standards.

The borough may adopt fees and charges, and rules, regulations and standards for the processing of applications and the issuance of permits, and for the construction, installation, inspection, connection, maintenance, repair, disconnection, reconnection and use of sewer lines connected, or to be connected, to a public sewer system. Copies of such fees, charges, rules, regulations and standards shall be filed with the borough clerk and copies thereof shall be made available for public inspection and copying. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.030.]

13.15.070 Additional work.

Unless otherwise provided for, no connections, side sewers or other sewer pipe or facilities not specifically authorized and included in a sewer permit issued pursuant to the provisions of this chapter shall be constructed or installed except upon the filing of a new application, payment of a new filing fee, and issuance of a new permit covering all of such additional work or connections. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.035.]

13.15.080 Exhibition of permit.

Each sewer permit shall be displayed at all times during the performance of any work, and until the completion and acceptance of the work by the borough inspector, in some conspicuous place at or near the site of the work and shall be readily and safely accessible to inspection at all times by the borough inspector and ADEC. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.040.]

13.15.090 Cost recovery.

Damage to sewer mains by any person shall be repaired by the borough, and a cost recovery billing to the party involved will be issued by the borough. Cost recovery will include the cost of materials, labor and any other costs associated with the repair. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.045.]

13.15.100 Other permits required.

Issuance of a sewer permit as provided for herein shall not relieve the permit holder and owner of the property to be served from the responsibility of obtaining all other permits, licenses, or approvals required by the borough, city, or any state, or federal agency. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.050.]

13.15.110 Ownership of sewer and lines.

All side sewers, sewer lines, sewer laterals, pipes, and other sewer facilities shall, upon approval and acceptance thereof by the borough inspector, become the property of the borough from the point of connection to the public sewer main to the private property line. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.055.]

13.15.120 Responsibility for service lines and equipment.

The property owner shall be responsible for the timely and proper maintenance and repair of the portion of the sewer service line which lies within the boundaries of the owner’s property. Some properties, because of their location or elevation, will require a pumping system to deliver wastewater to the sewer collection lines. All cost and expense to obtain, install, operate, maintain and repair such pumping systems shall be the sole responsibility of the property owner. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.060.]

13.15.130 Identification of utilities location.

The holder of a sewer permit shall determine the location of all electrical, and other utilities, and shall be responsible and liable for any and all damage to, or disruption of, any utility service and all such damage shall be immediately repaired at no cost or expense to the borough, or the utility. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.065.]

13.15.140 Inspection.

(a)    No person shall cover or backfill any side sewer, sewer line, or other sewer facility which is constructed or installed pursuant to a sewer permit, or otherwise, without having first requested an inspection of the work and received approval of construction and installation thereof by the borough inspector. The borough inspector shall be given not less than 48 hours’ prior notice of the time when construction will be ready for inspection. The borough inspector may inspect and make or require such tests, at the cost and expense of the permittee, as are deemed necessary to determine whether the work complies with all requirements of the sewer permit, the plans and specifications as approved, and any applicable provisions of this chapter, or any ordinance, standard, rule or regulation of the borough, ADEC, or other municipal, State, or federal agency.

(b)    The borough inspector may require side sewers to be tested by means of air or other means. Such tests, where required, shall be at the cost and expense of the permittee. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.070.]

13.15.150 Notice of noncompliance or defect.

If the borough inspector or ADEC determines any work or materials are not in compliance with the provisions of the permit, plans and specifications as approved, rules, standards or regulations of the borough, this chapter, or other rule, regulation, ordinance or law, the person performing the work, and also the holder of the permit, shall be notified in writing of such defects and noncompliance. If such noncompliance and defects are not corrected within five days after the date of such notice, or such additional time as may be specified in the notice of noncompliance or thereafter allowed by the borough inspector, the borough inspector may order any or all work stopped and may suspend or revoke the permit. In addition, or as an alternative thereto, if, in the opinion of the borough inspector or ADEC the work or conditions constitute a detriment or a hazard to the public sewer system, or to the property of the borough or owners or residents of the borough, or to the public health, safety or welfare, the borough inspector, in addition to any other remedy, may order immediate corrective action, and may enter upon the property which is the subject of the permit or work as the agent of the owner, and take such corrective action as is deemed necessary, and the owner of the property, and the permit holder, shall be personally liable, jointly and severally, for all of the costs and expenses thereof. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.075.]

13.15.160 Effect of review and issuance of permit or inspection.

Neither the receipt, review or approval of an application for a sewer permit, or the issuance of a permit, with or without modifications, or the inspection or acceptance of the installation or construction of any side sewer, sewer line, pipe, drain, or other sewer facility, by the borough, shall impose any responsibility or liability upon the borough, or any officer or employee thereof, for or relating to the adequacy in the design, installation or construction of such sewer or line, pipe or facility, and such review, approval, or issuance of a permit or performing any inspection shall not constitute any warranty or representation, express or implied, regarding the adequacy of the design, installation, construction or operation of any sewer or line, pipe or other facility, all of such to be the responsibility of the permittee. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.080.]

13.15.170 Fees, billing and collection for services.

(a) The following fees, rates and charges are hereby fixed, levied and imposed for all residential zoned properties and for properties zoned other than residential when using a catchment or private water source and connected to a borough-owned sewer system:

(1) Nonrecurring Charges.

 

a. Permit to connect, disconnect or reconnect to sewer system, and first inspection.

$150

b. Reinspection.

$75

(2) Recurring Charges.

 

a. Connection to a borough-operated secondary treatment facility.

$48/EDU/month

b. Private on-site sewer system connected to a borough-owned gray water collector and marine outfall for which the borough provides Alaska Department of Environmental Conservation required permit testing.

$68/EDU/quarter

(b) The following fees, rates and charges are hereby fixed, levied and imposed for all properties zoned other than residential when connected to a public water system and to borough-owned systems:

(1) Nonrecurring Charges.

 

a. Permit to connect, disconnect or reconnect to sewer system, and first inspection.

$150

b. Reinspection.

$75

(2) Recurring Charges.

 

a. Connection to a borough-operated secondary treatment facility.

$48/EDU/month

b. The applicable EDU base rate plus a line charge wherever the water service line is two inches inside diameter or larger.

1. Two-inch.

$270.07/month

2. Two-and-one-half-inch.

$418.50/month

3. Three-inch.

$633.88/month

4. Four-inch.

$1,074.71/month

5. Six-inch.

$1,929.56/month

6. Eight-inch.

$2,139.72/month

(c) The following fees, rates and charges are hereby fixed, levied and imposed for private individual on-site sewer systems connected to a private gray water collector and outfall system for which the borough has an agreement to provide Alaska Department of Environmental Conservation required permit testing services:

(1) Recurring Charges.

 

a. Private on-site sewer system connected to a private gray water collector and marine outfall for which the borough provides Alaska Department of Environmental Conservation required permit testing.

$68/EDU/quarter

(d) The following fees, rates and charges are hereby fixed, levied and imposed for the acceptance of sludge:

(1) Regular fee for septic tank sludge pumping service made available by the borough or its agents under KGBC 13.10.080(b).

$58/EDU/quarter

(2) Septic sludge received at facilities owned or operated by the borough other than septic sludge associated with the borough’s septic tank sludge pumping program.

$0.30/gallon

(e) Determination of EDUs for Fee Calculation.

 

(1) Residential and residential with approved home occupations not specifically listed in subsection (e)(2) of this section:

a. Dwelling constructed for single-family without rental and with one electric meter to the dwelling; and dwelling constructed for single-family without rental and with multiple electric meters utilized by a related family member.

1 EDU

b. Dwelling constructed for single-family with rental and with one or multiple electric meters to the dwelling.

1 EDU per electric meter or 1 EDU plus 1 EDU per number of rental units, whichever is greater

c. Dwelling constructed as a multifamily dwelling; duplex, triplex, fourplex, apartment complex:

1. One to four apartments.

1 EDU per apartment

2. Five to twenty-four apartments.

0.9 EDU per apartment

3. Twenty-five and over apartments.

0.75 EDU per apartment

(2) Business and Residential Dwellings with Specific Home Occupations.

 

a. EDU for residential with specific home occupations and property utilized for business purposes will be determined at the time of connection to the wastewater system, and shall be calculated as 1 EDU plus an EDU based on the following business use class:

1. Bar tavern, cocktail lounge.

0.08 EDU per rated occupancy

2. Bed and breakfast.

0.1 EDU per rental room

3. Carwash.

1.5 EDU per wash station

4. Clubs, lodges:

 

(i) Without kitchen.

1.35 EDU

(ii) With kitchen.

2.7 EDU

5. Day care.

0.03 EDU per approved occupancy

6. Garage, vehicle repair shop, mechanic shop, service station:

 

(i) With wash rack.

1.5 EDU

(ii) Without wash rack.

1 EDU

7. Grocery, bakery.

0.0 EDU

8. Laundry, commercial or self-service.

0.33 EDU per machine

9. Office building.

0.33 EDU per 500 square feet of usable building space

10. Recreational vehicle park.

0.25 EDU per vehicle space

11. Restaurant.

0.08 EDU per rated occupancy

12. Stores, retail and wholesale.

0.0 EDU

The charges for users with a combination of use classes shall be the sum of the EDU for each class. For uses not listed, the use listed above which is most analogous shall be applied. In the event of a dispute as to the proper application of use class, or specific circumstances justifying a change in total calculated EDUs (such as cabins without plumbing or clubs/lodges with infrequent meeting dates), dwelling owners may appeal the EDU determination to the borough manager or designee following the procedures in Chapter 2.115 KGBC by filing a notice of appeal with the borough manager’s office within 30 days of the date of the billing reflecting the disputed EDU determination.

(3) EDU Charges for Miscellaneous Uses.

 

a. Schools.

0.03 EDU per student (design capacity), 0.03 EDU per employee

b. Churches:

 

1. Without kitchen.

1 EDU

2. With kitchen.

1.35 EDU

c. Park with restroom.

1 EDU

(f) Other fees and charges, including reimbursement for damages to borough-owner facilities, shall be the borough’s actual cost plus 10 percent for administrative overhead.

(g) Accounting, billing and collection of sewer fees, rates, and charges shall be performed by the borough. Fees, interest and charges shall be due and payable, and be delinquent subject to penalties and interest as provided for in KGBC 13.15.180.

[Ord. No. 1787, §1, 2-16-16; Ord. No. 1744, §1, 1-19-15; Ord. No. 1739, §1, 2-17-15; Ord. No. 1727A, §1, 7-21-14; Ord. No. 1665, §1, 5-6-13; Ord. No. 1535, §1, 9-21-09; Ord. No. 1393, §1, 7-24-06; Ord. No. 1307S, §2, 5-3-04; Ord. No. 1216, §1, 7-1-02; Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.085.]

13.15.180 Delinquency charges.

(a)    In the event any monthly fees or charges are not paid within 25 days after the date of billing such fees and charges shall be delinquent. Upon such fees or charges becoming delinquent there shall be added thereto a penalty of five percent of the amount of such fees or charges, and in addition thereto, interest at the rate of one percent per month shall accrue and be charged on the whole of the unpaid amount of such fees and charges, not including penalty, from the date of delinquency until paid in full.

(b)    In the event any quarterly fees or charges are not paid within 90 days after the date of billing such fees and charges shall be delinquent. Upon such fees or charges becoming delinquent interest at the rate of one percent per month shall accrue and be charged on the whole of the unpaid amount of such fees and charges from the date of delinquency until paid in full.

(c)    The owner of the property shall be personally liable for the amount of any sewer or sludge fees, charges, penalties and interest, which are assessed, levied or charged.

(d)    Notwithstanding other provisions of this section, delinquent accounts over $100 may be collected through any lawful means. The cost for collection of such accounts shall be added to the amount owed. [Ord. No. 1307S, §2, 5-3-04. Code 1974 §17.20.090.]

13.15.190 Termination of sewer service.

(a)    In the event any sewer fees, charges, penalties or interest are not paid when due, in addition to any other remedy, sewer service to the property may be terminated. Notice of intent to terminate sewer service for nonpayment of fees or charges shall be delivered personally, or be mailed to the owner of the property at the address shown on the most current assessment roll in the office of the borough assessor not less than 30 days prior to the date termination of service is to become effective. An owner may seek review of the grounds for termination by filing a written request for review with the borough manager not later than 10 days after the date of the notice of intent to terminate the sewer service. In the event sewer service is terminated, the service terminated shall not be restored until all fees, charges, penalties and interest, including any fees or charges for disconnection and reconnection to the public sewer system, are paid.

(b)    Since regular pumping to remove sludge is required to properly maintain on-site sewage treatment systems, termination of service is not a viable remedy for nonpayment of sludge fees, charges and penalties.

(c)    The owner of a property may request termination of service for sludge removal only if the property meets one of the following conditions as verified by an on-site inspection by the borough inspector.

(1)    The property no longer contains a structure containing a toilet, lavatory, kitchen, bathtub or shower and the on-site sewage treatment system (if it remains) has been completely pumped.

(2)    The property still contains a structure containing a toilet, lavatory, kitchen, bathtub or shower; however, the owner provides documentation, subject to an on-site inspection by the borough, that the structure is no longer utilized and all other utilities including electricity (including on-site generators), water (including on-site catchment systems) and phones have been disconnected and the on-site sewage treatment system has been completely pumped.

(d)    For system pumpings in conjunction with a request for termination of service for sludge removal, the pumping will be at no cost to the property owner provided their sludge account is not delinquent and it has been 24 months or greater since the system was last pumped under the sludge removal program. [Ord. No. 1307S, §2, 5-3-04; Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.095.]

13.15.200 Mailing of billings.

Unless otherwise provided, all billings shall be mailed to the owner of the property at the address shown on the most current assessment roll in the office of the borough assessor, or to such other address, or to such other person as has been requested by the owner in writing; provided, however, failure to receive a billing shall not relieve the owner of the property from the obligation to timely pay all fees and charges. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.100.]

13.15.210 Inspection, maintenance and repair.

Any necessary inspection, cleaning, maintenance, or repair of any side sewer shall be performed at the expense of the property owner. Prior to engaging in any inspection, cleaning, maintenance, or repair of a side sewer line, the property owner shall notify the borough of intent to engage in such cleaning operation. The owner of the property is responsible for inspection, cleaning, maintenance and repair from the point of connection to the public sewer main to and including the building to be served. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.105.]

13.15.220 Prohibited wastes.

The following materials shall not be discharged into a public sewer or into any side sewer discharging into any public sewer:

(a)    High temperature wastes. Any liquid or vapor having a temperature greater than 150 degrees Fahrenheit;

(b)    Flammable or explosive wastes. Any gasoline, oils, paints, benzine, naphtha, fuel, oil or other flammable or explosive liquids, solids or gases;

(c)    Obstructive wastes. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the public sewage system;

(d)    Inflammable or explosive substances. Any waters or wastes containing gasoline, benzene, naptha, fuel, oil, lubricating oil or any other matter which is inflammable or explosive or capable of becoming inflammable or explosive upon introduction to the public sewage system;

(e)    Toxic or poisonous substances. Any waters or wastes which contain a toxic or poisonous substance or substances in sufficient quantity to injure or interfere with any sewage disposal process, or which constitutes a hazard to humans or animals, or creates a hazard in the receiving waters of the public sewage system;

(f)    pH limitations. Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or which have any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the borough or state;

(g)    Suspended solids. For sewer systems without a community treatment facility. Any waters or wastes containing suspended solids of such character and quantity as to cause any interference with the operation or maintenance of the sewage system, or is in excess of 30 milligrams per liter;

(h)    Noxious substances. Any noxious or malodorous gas or substance capable of creating a public nuisance, including the contents of septic tanks and cesspools, without prior written consent of the KGB and ADEC;

(i)    Garbage. Any garbage that is not properly shredded garbage;

(j)    Paper and plastic products. Any paper and plastic products such as cups, dishes, napkins and milk containers, other than toilet paper;

(k)    Greases. For sewer systems without a community treatment facility. Any greases (animal or vegetable), oils or matters containing animal or vegetable grease or oil of any nature in excess of 30 milligrams per liter;

(l)    BOD. For sewer systems without a community treatment facility. Any matter containing a five-day biochemical oxygen demand in excess of 30 milligrams per liter;

(m)    Other. Winter water waste, storm water, rainwater, roof runoff, cooling water subsurface water, cesspools, septic tanks, privy vaults, cisterns, footing drains and any other waste which may harm facilities, adversely affect the sewage disposal process or harm borough or state personnel. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.110.]

13.15.230 General penalty.

Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not more than $500. Each act or violation and every day upon which any such violation shall occur shall constitute a separate offense. [Ord. No. 1607, §6, 10-3-11; Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.115.]

13.15.240 Public nuisances.

The assembly hereby finds, determines and declares that the public health, safety and welfare, and the protection of the inhabitants of the borough, require the adoption and promulgation of the provisions, restrictions, and requirements set forth in this chapter and require the control of the time, place and manner of construction, maintenance, repair, operation of sewer lines, pipes and facilities, and discharge into sewer pipelines and appurtenances, and the connection of sewers to any public sewer, and fixing of fees and charges therefor, as set forth in this chapter, and in any ordinance, rule, regulation or standard adopted for the borough, and further finds, determines and declares that the violation of, or failure to comply with, any of the provisions of this chapter, or any permit, notice, order, standard, rule or regulation issued or promulgated pursuant thereto, or any ordinance, rule, regulation or standard, applicable to or regarding the borough to which this chapter is made applicable, constitutes a public nuisance and in addition to any other remedy otherwise provided by law may be enjoined. [Ord. No. 1204, §1, 3-4-02. Code 1974 §17.20.120.]

13.15.250 Sewage, sludge and outfall fees lien.

(a)    The fees and charges imposed under KGBC 13.15.090, 13.15.060, and 13.15.170, including any delinquency fees, interest, penalties and collection charges under KGBC 13.15.180, shall constitute a lien in favor of the borough upon the real property served or for which the fee was imposed.

(b)    The lien imposed by this section arises and attaches at such time as payment becomes delinquent under KGBC 13.15.180 and continues until the entire amount is satisfied.

(c)    If fees and charges are not paid prior to delinquency under KGBC 13.15.180, a notice of lien may be recorded in the office of the district recorder.

Upon recordation, the lien has priority over all other liens except:

(1)    Liens for property taxes, special assessments, and sales and use taxes;

(2)    Liens that were perfected before the recording of the lien under this section;

(3)    Liens that, under State law, are prior, paramount, and superior to all other liens; and

(4)    Mechanics’ and materialmen’s liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section.

(d)    An action to foreclose a lien created by this section shall be commenced and pursued in the manner provided for the foreclosure of liens in AS 09.45.170 through 09.45.220.

(e)    The remedy provided in this section is not exclusive and shall be in addition to all other remedies available to the borough to collect the principal amount, penalties, and interest due under this chapter.

(f)    Fees for the administrative costs of filing on notices of liens and releasing of liens shall be:

(1)    Filing of notices of lien: $25, plus recorder’s office filing fee.

(2)    Release of liens: $25, plus recorder’s office filing fee. [Ord. No. 1837, §6, 8-21-17.]