Chapter 12.10
SEWER SYSTEM

Sections:

12.10.010    Sewer system division.

12.10.020    Connection requirements.

12.10.030    Permits and costs.

12.10.040    Building sewer/service line installation.

12.10.050    Sewer main extensions.

12.10.060    Wastewater service charges.

12.10.070    Powers and authority of inspectors.

12.10.080    Violations.

12.10.090    Penalties.

12.10.010 Sewer system division.

A.    Sewer System Division – Responsibility. The sewer system division shall be responsible for all components of the city sewer system used for collection and treatment of the sanitary waste.

B.    Sewer System Management. The public works director (hereinafter “director”), under the direction and control of the city manager, shall be responsible for the operation and maintenance of the sewer system. The director shall be responsible for the enforcement of the city sewer system regulations, complying with state and federal rules concerning sewage disposal, and shall be accountable for materials used in the maintenance or extension of the sewer system.

C.    Rules and Regulations. The director shall recommend such rules, ordinances, or regulations for adoption to the city manager as may be required to protect the system and to ensure safe and efficient operation of the system.

D.    Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

1.    “Assessment district (local improvements)” means a legally formed district having definite boundaries and formed to finance the construction of a particular improvement or improvements.

2.    “ASTM” means the American Society for Testing and Materials.

3.    “BOD,” denoting biochemical oxygen demand, shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in milligrams per liter (mg/l).

4.    “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

5.    “Building/sewer service line” means that part of the drainage system which, located within private property, extends from the end of the building drain and receives the wastewater of the building drain conveying the wastewater to the city/sewer service line.

6.    “Capital improvement fee” means a fee charged to pay for the installation and replacement of the wastewater system infrastructure and is a one-time fee to use the system.

7.    “Capital improvements” means new facilities, expansion or extensions of the city sewer system which are not considered general maintenance, repair, or operations.

8.    “City/sewer service line” means that part of the drainage system which is located within the public street right-of-way or a utility easement dedicated to and accepted by the city, from the point of connection of the building/sewer service line, and receives the wastewater from the building/sewer service line and conveys the wastewater to the sewer main.

9.    “Connection permit” means written authorization to connect to the sewer main or expand the number of fixtures that will drain into the city sewer system.

10.    “Developer” means a person, persons, partnership, corporation, or other legal entity requesting extension of sewer mains.

11.    “Dwelling unit” means a room or combination of rooms containing cooking and bathroom facilities, sufficient for occupancy by one or more persons on a permanent basis.

12.    “Floatable oil” means oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.

13.    “Homeowner” means a person occupying and owning a residential dwelling unit that is not being built for resale, rental, or similar purposes.

14.    “Industrial wastes” means the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

15.    “Licensed plumber” means a plumber as defined in and licensed pursuant to the Colorado Revised Statutes as the same may be now or hereafter amended.

16.    “Natural outlet” means any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or ground water.

17.    “Operation and maintenance” means all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

18.    “Open for public use (street or alley)” means a street or alley legally platted or accepted by the city as a street or alley and which is being used by the general public as such.

19.    “Private sewer” means the building sewer/service line and any building drains upstream of it.

20.    “Sanitary sewer” means a sewer that carries wastewater from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

21.    “Sewer district” means a legal entity formed in accordance with Colorado Revised Statutes having as one of its purposes the collection, transportation, or treatment of wastewater.

22.    “Sewer main” means that part of the wastewater facilities located within the public street right-of-way or a utility easement dedicated to and accepted by the city to which one or more city/sewer service lines are connected, and receiving wastewater from the city/sewer service lines and conveying such wastewater to the treatment facility. Sewer mains are owned by the city or a sewer district and are a minimum of eight inches in diameter.

23.    “Slug” means any discharge of wastewater of 15 minutes or longer which, in concentration of any given constituent or in quantity of flow, exceeds more than five times the average 24-hour concentration or flow during normal operation.

24.    “Special event” means any activity, commercial, civic or otherwise, which obtains a city special events permit or which has a duration of no more than seven days.

25.    “Storm drain,” sometimes termed “storm sewer,” shall mean a drain or sewer for conveying water, ground water, subsurface water, or unpolluted water from any source.

26.    “Suspended solids” means total particulate matter that either floats on the surface of, or is suspended in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.

27.    “Tap fee” means a fee charged by the city for materials and labor for the physical tap of the building sewer/service line into the city’s service main.

28.    “Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may unintentionally be present.

29.    “Wastewater facilities” means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent and sludge. (Ord. 11-2003 §§ 1, 2, 3; Ord. 16-1998 § 1; Code 1997 § 12-1-1).

12.10.020 Connection requirements.

A.    Connection Required.

1.    Connection to Sewer Main. The owner of any building required to have a sanitary sewer by the Uniform Plumbing Code, current edition, as adopted by the state of Colorado, situated within the city and abutting any public street, alley, right-of-way, or utility easement dedicated to and accepted by the city in which there is now located a sewer main, is hereby required, at owner’s expense, to connect such building to the sewer main by means of a building/sewer service line and city/sewer service line in accordance with this chapter. New buildings or lots requiring sanitary sewer disposal devices shall be required to extend a sewer main to serve the property in accordance with GMC 12.10.050, Sewer main extensions, if a sewer main does not abut the property in question, but is located within 400 feet of any property line of the lot or parcel of land upon which the building is to be located, unless a waiver is granted by the city council pursuant to the provisions set forth herein. For the purpose of this section, the term “property line” shall include the city of Gunnison boundary if the boundary transects a single parcel of property.

2.    Connection to ISDS. A building required to have a sanitary sewer by the International Building Code, current edition, as adopted by the state of Colorado, may connect to an ISDS in lieu of connection to a sewer main, provided all of the following conditions are met:

a.    The ISDS shall have a flow capacity not to exceed 450 gallons per day.

b.    The parcel of land upon which the ISDS is to be constructed is not less than two acres in size and is not located within an existing subdivision as defined in GMC Title 15, or was not created by a prior subdivision of land.

c.    The nearest sewer main is located not less than 400 feet from any property line of the parcel of land on which the ISDS is to be constructed. This requirement may be waived by the city council upon a finding that the connection to the sewer main is not feasible for economic or physical reasons.

d.    There shall be no more than one ISDS on any parcel of land.

e.    All ISDS shall comply with the requirements of the “Gunnison County Individual Sewage Disposal System Regulations” and have a valid permit issued therefor by the county of Gunnison.

3.    Adoption of ISDS Regulations by Reference.

a.    Adoption. The “Gunnison County Individual Sewage Disposal System Regulations,” except for Part IX, Requirements for Other Systems; Part XII, ISDS District; and Part XVII, Environmental Health Board; adopted on June 20, 1995, by the board of county commissioners of Gunnison County, Colorado, as the Gunnison County board of health, whose address is 200 East Virginia Avenue, Gunnison, Colorado 81230, are hereby adopted by reference.

b.    Conflicts and Changes. If any provision of the “Gunnison County Individual Sewage Disposal System Regulations” conflicts with the provisions of this chapter, then the terms of this chapter shall be deemed to be controlling. Wherever the term “Environmental Health Board” appears in the “Gunnison County Individual Sewage Disposal System Regulations,” the city council shall be substituted therefor.

c.    Enforcement. The city of Gunnison shall have concurrent enforcement authority with the county of Gunnison to enforce the provisions of the “Gunnison County Individual Sewage Disposal System Regulations” within the corporate limits of the city of Gunnison.

4.    Connection Required When Sewer Main Available. Within one year after written notification by the city that a sewer main is available within 400 feet from any property line of the parcel of land served by an ISDS, cesspool, privy vault, or other device, such device shall be abandoned and filled, and the owner or user thereof shall connect to the sewer main in accordance with this chapter. This requirement may be waived by the city council upon a finding that the existing device is not a threat to public health or water quality, and that connection to the sewer main is not feasible for economic or physical reasons.

5.    Interconnection Prohibited – Separate Building/Sewer Service Lines. Building/sewer service lines shall not be interconnected in any manner which would allow the service of separate buildings or parcels of property which are in separate ownership or which may be sold or conveyed separately. All separate buildings or parcels of land that may be sold or conveyed separately, except individual air spaces located in a single building, are required to have a separate building/sewer service line. In cases where more than one building or parcel of land in separate ownership has been connected to a single building/sewer service line prior to the adoption of the ordinance codified in this chapter, the same may continue to be utilized until a sewer main is constructed adjacent to the property. After such sewer main is constructed and upon written notice by the city to the owner, such building or parcels of land shall be connected to the sewer main by an individual building/sewer service line within one year. One or more building/sewer service lines may be connected to a city/sewer service line that is of adequate size and capacity to convey the wastewater generated by all the buildings and uses connected thereto.

6.    Portable Sanitary Toilets. Portable sanitary toilets are permitted within the city only in connection with special events or upon a construction site for which a valid building permit has been issued. All portable sanitary toilets shall be regularly serviced and cleaned as often as necessary to prevent unsanitary conditions or odors.

7.    Other Devices Prohibited. No cesspool, septic tank, privy vault, or other device for sanitary sewage disposal, except as expressly permitted herein, shall be excavated or constructed within the corporate limits of the city of Gunnison.

C.    Penalties. Any person convicted of a violation of any provision of this chapter or the provisions of the “Gunnison County Individual Sewage Disposal System Regulations” shall be fined in the sum of not more than $1,000 or imprisoned for not more than 90 days, or both such fine and imprisonment. (Ord. 11-2003 §§ 4, 5; Ord. 13-1998 §§ 1, 2; Code 1997 § 12-1-2).

12.10.030 Permits and costs.

A.    Connection Permit Required.

1.    No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any portion of the city’s wastewater facilities. The owner or the owner’s agent shall make application on a special form furnished by the city in order to gain service to the city’s wastewater facilities. The permit application shall be supplemented by any plans, specifications or other information as required by the community development department. All applicable fees shall be paid prior to the issuance of a permit.

2.    A connection permit shall be secured before any person may make a connection to the city’s wastewater facilities or expand the size of an existing building/sewer service line. Buildings destroyed and razed or rebuilt or expanded shall be given credit for the size of the building/sewer service line that previously existed in the structure’s drainage system. Any increase in the size of the building/sewer service line shall be subject to the existing capital improvement fee in effect on the day the increased building/sewer service line is installed, less the applicable credit. A separate connection permit shall be required for each physical connection to the city’s wastewater facilities and/or increases in size of the building/sewer service line. The cost of a connection permit will be determined on the basis of the size of the building/sewer service line as outlined in the sewer system fee schedule.

3.    There are two components to the connection permit fee which are associated with the use of the city’s wastewater facilities. Those fees are (a) the tap fee; and (b) the capital improvement fee.

B.    Connection Permit, Issuance, and Requirements. A connection permit will not be issued nor will fees therefor be accepted until: (1) a need exists; or (2) a building permit and/or state plumbing permit has been issued.

    The physical installation of the building sewer/service line and/or drainage fixtures for new and existing structures shall be completed within 180 days of acquiring the connection permit.

    The physical connection to the sewer main and/or drainage fixtures for new construction must be completed within 180 days of acquiring the connection permit.

    One extension of the preceding time limits may be granted by the community development department for undue and unforeseen delays caused by circumstances beyond the control of the permittee.

    If the permittee fails to complete the physical connections within the prescribed time limit, the connection permit shall become null and void, permit fees refunded less $10.00 for administration fees, and a reapplication for a permit will be necessary. Fees charged for the new connection permit will be determined using the line size cost. (Ord. 16-1998 § 2; Code 1997 § 12-1-3).

12.10.040 Building sewer/service line installation.

A.    General. New building sewer/service lines shall not serve properties that are not owned by the permittee.

1.    Subdivisions or sales of land that will create situations where a building sewer/service line could serve properties under different ownerships shall require the installation of separate building sewer/service lines to serve the new parcels. Original abandoned service lines must be disconnected.

2.    All abandoned lines shall be capped in a manner approved by the public works department so as to eliminate the possibility of ground water infiltration.

3.    Location of the Building/Sewer Service Lines. Location of building/sewer service lines shall be approved by the public works department and as-built location of the building/sewer service line shall be furnished to the department after connection. No building/sewer service line which is located underneath a building in separate ownership or any improvements located on property in separate ownership shall be approved.

4.    City/sewer service line installation within the city right-of-way, including excavation, bedding, compaction, and backfill, shall be done by authorized agents of the city. A person holding a current certification from the department of public works or a licensed plumber under supervision of a master plumber and licensed by the state shall install a building/sewer service line on a private property which is connected to the city’s sewer system. A homeowner may do the installation of a building/sewer service line on private property on which is placed a single dwelling unit of which he is a resident. Unauthorized persons doing building/sewer service line installation shall be deemed in violation of this chapter.

B.    Colorado Plumbing Code. All building sewer/service lines within the city or connected to the city’s wastewater facilities shall be installed in accordance with the Colorado Plumbing Code, current edition, and amendments thereto which have been adopted by the state of Colorado and any additional requirements of this chapter.

C.    Building Sewer/Service Line Specifications.

1.    Specifications.

a.    Building sewer/service lines shall not be larger than six inches nor smaller than four inches.

b.    Building sewer/service line pipe shall be formed of polyvinyl chloride pipe material (PVC) conforming to ASTM D-3034 with SDR ratio of 35 or less or cast iron pipe conforming to the Colorado Plumbing Code, current edition. Gaskets used in conjunction with PVC pipe shall conform to ASTM D-3212 and tie seal gaskets shall be used with cast iron for soil pipe and building sewer/service lines.

c.    Backfill and compaction shall be in accordance with specifications provided by the department of public works.

d.    Depth of building sewer/service lines shall be sufficient to prevent freezing and constructed to prevent damage to pipes from imposed loads.

e.    Building sewer/service lines shall be located a minimum of 10 feet horizontally from any water main or water service line. If a building sewer/service line must cross a water main or water service line within 18 inches vertically, above or below, the building sewer must be encased in concrete a minimum of 10 feet in each direction from the crossing point or cast iron pipe may be used if a joint at least 18 feet long, centered at the crossing point, is used and the joints at the end of this section are encased in concrete.

f.    The size, slope, alignment, materials of construction of a building sewer/service line and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the Uniform Building Code and the Colorado Plumbing Code or other applicable rules and regulations of the city, state, and federal governments.

g.    A separate and independent building sewer/service line shall be provided for every building except where one building stands at the rear of another on an interior lot or cannot be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer/service line, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.

h.    Existing building sewer/service lines may be used in connection with new buildings only when they are found, on examination and test by the public works department, to meet all requirements of this chapter.

i.    Whenever possible, the building sewer/service lines shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sewer main, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer/service line.

j.    No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface water, storm water, or ground water to a building sewer/service line which in turn is connected directly or indirectly to a sewer main.

k.    The connection of the building sewer/service line into the sewer main shall conform to the requirements of the International Building Code and Colorado Plumbing Code or other applicable rules and regulations of the city, state, and federal governments. All such connections shall be made gas-tight and water-tight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved before installation.

l.    The applicant for the building sewer connection permit shall notify the community development department when the building sewer is ready for inspection and connection to the public sewer. The testing shall be made under the supervision of the community development department representative.

2.    Interceptors and Pretreatment.

a.    Grease, oil, and sand interceptors shall be provided when in the opinion of the director they are necessary for the proper handling of liquid wastes containing floatable grease or excessive amounts of any sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the director. Any removal, hauling, and disposal of the collected materials shall comply with current federal, state, and local regulations.

b.    The director may require that building sewer/service lines carrying industrial wastes be equipped with pretreatment facilities. Pretreatment of industrial wastes shall comply with applicable state and federal regulations prior to actual connection to the city’s wastewater facilities.

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

d.    All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies shall comply with state of Colorado regulations.

e.    All costs for verification, tests, sampling, certifications, etc., meeting these standards shall be borne by the user.

D.    Costs. Sewer service line installation by the city within the city right-of-way including material, labor, hardware, equipment use, and land surface replacement (due to excavation) shall be paid by the permittee. The portion of the service line from the property line to the main, including a clean-out at the property line, shall be installed by authorized city personnel. Prior to issuance of the connection permit, all fees shall be paid.

E.    Inspection – Tests. The permittee shall make arrangements for inspection of the building sewer/service line, giving ample time (minimum of 24 hours) for the inspector to schedule same. The following inspections must be accomplished:

1.    Test of the building sewer/service line, before backfill. The building sewer/service line shall be capped at one end and water tested with a head of water pressure equal in height to the surrounding surface elevation nearest the building, applied to the other end of the building sewer/service line or tested in any manner approved by the community development department. The leakage test shall be conducted by the plumber in the presence of the community development department inspector and any leakage of the building sewer/service line shall be corrected by the person responsible for laying that portion of the building sewer/service line which leaks.

2.    Bedding of the pipe, compaction and backfill.

F.    Maintenance Responsibility. The city shall be responsible for any problems with the building sewer/service line within the public right-of-way.

    The city shall be responsible for and shall repair the excavation if and when settlement occurs within the public right-of-way.

    The property owner shall bear all responsibility for maintenance of the building sewer/service line and excavation on private property.

    If the city determines through observation television of the sewer mains or other appropriate methods that a building sewer/service line is permitting infiltration of ground water, the public works department may notify the owner of the line in writing and require that the line be repaired or replaced or other measures taken, at the owner’s expense, in order to alleviate the infiltration problem. Remedial action must take place within a reasonable time as determined by the public works director. (Ord. 8-2004 § 2; Ord. 11-2003 § 6; Ord. 7-1997 §§ 1, 2, 3; Code 1997 § 12-1-4).

12.10.050 Sewer main extensions.

A.    General Applicability. These sewer main extension regulations apply to those portions of the city that have been legally subdivided and platted prior to the effective date of these regulations. Any portion of the city which has not been platted prior to enactment of this chapter shall comply with the requirements stated in the subdivision regulations.

B.    Length and Location of Extended Mains. All new sewer main extensions shall extend the full length of the property to be served or developed and continue to the next intersecting right-of-way.

    Sewer mains shall be located in a public right-of-way and the location must be approved by the public works department.

C.    Engineering and Design.

1.    The city shall provide the engineering and design work, at its cost, for extensions of sewer mains that will be located in developed city streets or alleys that have been previously platted, accepted, and opened for use as a public right-of-way.

2.    In those instances where the streets, alleys, or rights-of-way have not been opened for public use (in platted areas), the developer shall furnish engineering data and plans conforming to city regulations and specifications. The design and engineering work shall be done by a professional engineer licensed by the state of Colorado and these engineering and design costs shall be borne by the developer. All plans shall require approval of the public works director.

D.    Excavation and Installation of City Sewer Mains. The developer shall be responsible for installation of the main and shall secure all permits and inspections as required by this chapter.

    The minimum size of a sewer main shall be eight inches. If the city requires a sewer main larger than that required to serve the developer, the city shall bear the differences in cost of the pipe required because of oversizing.

    All sewer mains installed in the city sewer system shall be formed of polyvinyl chloride pipe material conforming to ASTM D-3034 (for four- to 15-inch pipe) or F679 (for four- to 15-inch pipe) with an SDR ratio of 35 or less, and shall have flexible joints employing gaskets conforming to ASTM D-3212.

    Before any work is commenced, approval of the public works director must be secured.

    Upon completion of the main, prior to dedicating the line to the city, the developer shall furnish as-built plans stamped by a professional engineer licensed by the state of Colorado to the public works department. The plans shall show materials, location, elevations and profiles of all components of the new sewer main.

    Required inspections:

1.    All contracted excavations for main line extension shall be installed and inspected to meet city specifications.

2.    Inspections shall be required before and during the bedding of the sewer main. The developer must notify the public works department inspector 24 hours prior to backfill placement.

3.    A leakage test, with the public works department inspector present, must be conducted either before or after the main is buried.

    Installation of the sewer main, all components of the main, and backfill shall be in accordance with this chapter, the Plumbing Code, current edition, and city specifications.

    Work shall not be covered until approved by the public works department.

E.    Testing. Sewer main extensions shall be tested by the following methods:

1.    If ground water is not present in the trench, the line or portion of the line being tested shall be capped water-tight at the low end and a head of water pressure equal in height to the surrounding surface applied at the other end, or the line may be tested in any manner approved by the public works department.

2.    If trench water is present to a depth so as to inundate over the top of the entire pipe along the entire length of sewer main, the following method shall be used for the test. A “V” notch weir shall be installed at the lower end of the main so that the infiltration rate can be checked.

    Any leakage of the sewer main, regardless of test method used, shall not exceed 50 gallons per inch diameter of the main, per mile per 24-hour period. Any leakage in excess of the above limits shall be corrected by the contractor/plumber.

    Upon the completion of a successful test, the public works department shall sign a certificate of testing and give one copy to the contractor.

F.    Cost, Responsibility Of. Costs of materials for sewer main extensions including pipe, manholes, labor, and testing shall be borne by the developer. In cases where main lines will benefit multiple land owners, or properties, the use of assessment districts (local improvements) is encouraged in order that the costs can be shared by all of those who benefit from the new infrastructure. Local improvements can be initiated by either the city or by petition of land owners and are addressed in Chapter 10.10 GMC.

G.    Dedication of Mains to the City. Upon completion of the extended main to the satisfaction of the public works department, the developer for which the sewer main was extended shall convey said sewer main to the city, relinquishing all ownership rights. This dedication will be prepared by the developer and approved by the city attorney.

    Upon acceptance by and conveyance to the city, the developer shall warrant the materials and workmanship of the conveyed facilities for a period of one year from date of acceptance. Upon the expiration of the warranty period, the city shall assume all responsibilities of ownership and maintenance of the main. Until the main is conveyed, the responsibility and maintenance shall be borne by the developer.

    No building sewer connections shall be made to the sewer main until the ownership of the main has been conveyed to the city.

H.    Extension of Sewer Mains Outside the City Limits. Extension of sewer mains to areas outside the corporate limits of the city shall require city council approval. (Ord. 7-1997 §§ 1, 2, 3; Code 1997 § 12-1-5).

12.10.060 Wastewater service charges.

A.    The User Charge. The user charge shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, and other related sewer system costs which the city may determine by ordinance to be paid by the user charge. User charges are outlined in the sewer system fee schedule.

B.    Review of User Charge System. The city will review the user charge system periodically and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance, including replacement costs, among users and user classes. (Code 1997 § 12-1-6).

12.10.070 Powers and authority of inspectors.

A.    Entry of Properties. The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.

B.    Obtain Information. The public works director or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

C.    Limitations. While performing the necessary work on private properties, the public works director or duly authorized employees of the city shall observe all applicable safety rules. The owner or occupant shall be held harmless for injury or death to the city employees, and the city shall indemnify the owner or occupant against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the owner or occupant, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required.

D.    Entry of Areas Within an Easement. The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds either a duly negotiated easement or a prescriptive easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Code 1997 § 12-1-7).

12.10.080 Violations.

Each day that a violation exists shall constitute a separate offense. (Code 1997 § 12-1-8).

12.10.090 Penalties.

Any person, firm, or corporation convicted of violating the provisions of this chapter shall be subject to the penalties provided in Chapter 4.20 GMC. (Code 1997 § 12-1-9).