CHAPTER 3
MUNICIPAL SEWER COLLECTION SYSTEM

SECTION:

6-3-1:    Municipal Sewer Collection System Established

6-3-2:    Responsibility

6-3-3:    To Whom Chapter Applicable

6-3-4:    Powers And Authority Of City Authorized Representative

6-3-5:    Sewer Connection Required

6-3-6:    Permit And Inspection Required For Sewer Service Connection

6-3-7:    Sewer Service Pipes And Fixtures

6-3-8:    Improper Use Of System And Illegal Discharges

6-3-9:    Use Of Outside Toilets And Privies

6-3-10:    Unlawful To Discharge Unpolluted Water To Any Sanitary Sewer

6-3-11:    Connections Outside City Limits

6-3-12:    Extension Of City Sewer Mains

6-3-13:    Requirements For Extension Outside City Limits

6-3-14:    Construction Methods And Materials

6-3-15:    Illegal Connections

6-3-16:    Special Fee For Service Outside City

6-3-17:    Impact Fees

6-3-18:    Sewer Trunk Fees

6-3-19:    Sewer Treatment Fees

6-3-20:    Collection System Extension Reimbursements

6-3-21:    Sewer Use Charges And Fees

6-3-22:    Deposits And Sewer Activation Fees

6-3-23:    Utility Payments And Delinquent Bills

6-3-24:    Termination Of Service

6-3-25:    Collections

6-3-26:    Industrial Pretreatment And Inspections

6-3-27:    Violations And Penalties

6-3-1 MUNICIPAL SEWER COLLECTION SYSTEM ESTABLISHED:

There is hereby established a municipal sewer collection system, organized to provide for the collection, conveyance and disposal of industrial and domestic sanitary waste, and to provide for the protection of public health and safety of the inhabitants of Garden City and such special customers outside the city limits as may be allowed by resolution of the city council. The operation of the municipal sewer collection system shall be under the direction of the public works director and staffed with whatever personnel are deemed necessary by the city council for the operation of the system. (1988 Code)

6-3-2 RESPONSIBILITY:

It shall be the responsibility of all members of the municipal sewer collection system staff to operate and maintain the equipment and facilities used in the collection, conveyance, pumping and disposal of sewage in a manner consistent with all federal, state and municipal rules and regulations, and to take all precautions necessary to provide for the safety and health of the public. (1988 Code)

6-3-3 TO WHOM CHAPTER APPLICABLE:

The provisions of this chapter shall apply to all property within the corporate limits of the city of Garden City and any special users outside of the corporate limits of the city, including all property owned or occupied by the United States of America, the state of Idaho, and Ada County. (1988 Code)

6-3-4 POWERS AND AUTHORITY OF CITY AUTHORIZED REPRESENTATIVE:

The city, through its authorized representative bearing proper credentials and identification, shall be permitted at proper and reasonable hours of the day to enter all properties, premises or buildings which are served by the municipal sewer collection system for testing or for any other purposes necessary for the proper administration of the sewer system in accordance with provisions of this chapter. Also the city through its authorized representative bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purpose of, but not limited to, inspection, observation, repair and maintenance of any portion of the municipal sewer collection system lying within said easements. All entry and subsequent work in any of said easements shall be done in a workmanlike manner with properties restored to their original state. (1988 Code)

6-3-5 SEWER CONNECTION REQUIRED:

A.    It is hereby determined and declared to be necessary and conducive to and for the protection of the health and safety of the public, that all owners of properties, buildings and structures having an adjacent city sewer shall connect to said sewer within ninety (90) days of receipt of written notice that connection is required. Sewer service connections shall be separate and independent for each lot, tract or parcel of land served.

B.    No permit shall be issued for the construction of any building or structure in the city on any lot, tract or parcel of land unless the plans and specifications show connection to the city sewer in compliance with this chapter. Waivers to this provision shall be granted only by action of the city council, provided: 1) no adjacent sewer exists, 2) provisions are made for connection to adjacent sewer when it becomes available and 3) documents showing approval of a private sewage disposal method by the Central District health department are submitted.

C.    The maintenance and/or use of privies, private sewers, drains and septic tanks within the city limits where adjacent sewer lines exist is deemed to be deleterious to public health and safety and is declared a nuisance and the city council shall order their abatement, excepting therefrom temporary, portable, sanitized units under a service, sanitation and disposal contract which may be utilized for construction and recreational activities of limited duration when authorized by the public works director.

D.    It shall be unlawful to occupy or use any building or structure that is in violation of this chapter and any violation of this chapter shall be punishable as a misdemeanor. (1988 Code)

6-3-6 PERMIT AND INSPECTION REQUIRED FOR SEWER SERVICE CONNECTION:

A.    Permit Required: No connection shall be made to the municipal sewer collection system prior to obtaining a utility service connection permit for connection of or to a city sewer service line from the public works director and obtaining a plumbing permit from the building department for the installation or alteration of a private sewer service line as per the requirements of the uniform plumbing code. Utility service connection permit shall be issued to the owner of the property. Plumbing permit shall be issued to a licensed plumber except that a legal owner occupying a single-family dwelling may obtain a plumbing permit provided they: 1) personally purchase all materials and parts required, and 2) they personally perform all labor in connection with the installation or modification to the private sewer service line.

B.    Rules; Validity: The issuance of a utility service connection permit and subsequent service connection to the municipal sewer collection system will forever bind the owner and all subsequent owners to any and all rules and regulations now in force and that may be adopted in the future by resolution of the city council, including any and all contracts entered into by the city of Garden City and any private or public entities engaged in inspection, enforcement and treatment of sewer effluent from city sewer mains. The utility connection permit shall be valid and in effect only so long as the stated or implied use of the municipal sewer collection system is maintained.

C.    Permit Fees: Any and all fees charged by Garden City for the issuance of permits under this chapter shall be adopted by resolution of the city council.

D.    Inspections Required: It shall be the responsibility of the owner or plumber to provide twenty four (24) hours notice to Garden City prior to commencement of work allowed by permit to allow for scheduling of inspectors appointed by Garden City. Work performed with a utility connection permit shall be inspected by the public works director or designated representative and shall be limited to projects performed only in dedicated easements and rights of way. Work performed with a plumbing permit shall be inspected by the plumbing inspector.

E.    Required Plans And Specifications: Prior to the issuance of a utility service connection permit or a plumbing permit, plans and specifications of the work to be performed with details satisfactory to the inspector shall be submitted and approved.

F.    Commencement: No work, excavation or piping subject to the provisions of this chapter shall commence prior to the issuance of required permits.

G.    Violation: Violation of the provisions of this section shall be misdemeanor. (1988 Code)

6-3-7 SEWER SERVICE PIPES AND FIXTURES:

Sewer service lines to and into properties served by the municipal sewer collection system shall be installed and maintained in a manner conforming with the uniform plumbing code and shall be the responsibility of the property owner at their expense to maintain sewer service pipes on and in properties occupied by them or legally owned by them and rented, leased or provided by any means to another person. (1988 Code)

6-3-8 IMPROPER USE OF SYSTEM AND ILLEGAL DISCHARGES:

A.    Illegal Discharges: It is illegal to discharge or allow the discharge of any of the following into or to cause to be introduced into the municipal sewer collection system:

1. The connection of any open gutter, cesspool, privy vault, roof or parking lot drainage system into the sanitary sewer system.

2. Fat, oils or greases (FOG) or nonprocessed garbage.

3. Volatile organic compounds or synthetic organic compounds which create a fire or explosion hazard or may physically or chemically impair the treatment of sewage, such as gasoline, fertilizers, pesticides and other petroleum products.

4. Stones, gravel, dust, sawdust, metal filings, glass or any other material capable of impeding the designed flow velocity of any sewer.

5. Milk, or milk products or processing waste in excess of ten (10) gallons during a twenty four (24) period.

6. Paint or waste products from paint manufacturing or application.

7. Radioactive wastes.

8. Wastes derived from chemical toilets (recreational vehicles, portable toilets, etc.).

9. Any waste which has the capability of corroding, eroding or encrusting or otherwise physically, biologically or chemically altering the pipes, equipment and appurtenances used in the collection, conveying, pumping, treatment or disposal of sanitary sewage. In no instance shall wastes with a potential hydrogen ionization (pH) less than six (6), or greater than nine (9) in its diluted form when entering the sewer main be permitted.

10. Any wastes identified in contractual agreements entered into by Garden City relating in any manner to the pretreatment and treatment of sewage or any wastes or waste products which may be hazardous or deleterious to the health and safety of employees engaged in the collection, conveyance, pumping, treatment and disposal of sewage and the equipment used therein.

B.    Violations And Remedies: Any property owner or user of the municipal sewer collection system found in violation of the provisions of this chapter shall upon notification by the public works director immediately cease the discharge of any harmful, deleterious or hazardous substance into the sewer system and shall install or provide for the installation such preliminary treatment necessary such as separators, traps, interceptors or chemical, physical or biochemical processes required to meet the requirements of this chapter. Violations of the provisions of this chapter shall be considered a misdemeanor, and each day in noncompliance shall constitute a separate offense. (1988 Code)

6-3-9 USE OF OUTSIDE TOILETS AND PRIVIES:

A.    It shall be unlawful and constitute a misdemeanor for any person to use or permit the use of, on any premises owned, occupied or used by them, any outside toilet or privy within the limits of the city.

B.    The use and/or placement of an outside toilet or privy within the limits of the city shall constitute a public nuisance and shall be a misdemeanor.

C.    Each day this section is violated by any person shall constitute a separate offense. (1988 Code)

6-3-10 UNLAWFUL TO DISCHARGE UNPOLLUTED WATER TO ANY SANITARY SEWER:

A.    It shall be unlawful for any person to discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters into the sanitary sewer system.

B.    Any person found to be in violation of any provision of this section shall be served with written notice stating the nature of the violation and providing for a required date for abatement. Waivers or extensions may be granted only by action by the utility grievance board. Appeals of board actions must be made in writing to the city council pursuant to the administrative procedures act. (1988 Code)

6-3-11 CONNECTIONS OUTSIDE CITY LIMITS:

Sewer service connections to service properties outside the corporate limits of the city of Garden City shall require advance approval of the city council. Requests for service connections outside the city limits shall be on city provided application, and shall be accompanied by a city provided, notarized agreement to annex into the city of Garden City. (1988 Code)

6-3-12 EXTENSION OF CITY SEWER MAINS:

All proposed extensions of city sewer collector, trunk or interceptor lines shall comply with Garden City material and construction specifications provided by the public works director, and shall conform to sewer master plan requirements. Requests for extensions of city sewer mains shall be made to the public works director, and accompanied by two (2) copies of construction plans stamped by a registered professional engineer for review by the public works director and submittal to the division of environmental quality for approval. Pipeline size shall be in conformance with the sewer master plan, and any oversize cost reimbursement shall be in accordance with the policy for reimbursement adopted by resolution of the city council. Construction shall conform to supplemental requirements set forth by the public works director. Performance bonds may be required to protect the interests of the public. (1988 Code)

6-3-13 REQUIREMENTS FOR EXTENSION OUTSIDE CITY LIMITS:

All extensions of city sewer mains outside the city limits shall conform to section 6-3-14 of this chapter, and additionally the following shall apply:

A.    Determination shall be made by the city council that the requested extension is in the best interests of the city of Garden City.

B.    All extensions outside the city limits shall be constructed entirely at the cost of the person(s) requesting extension; however, the developer may receive credit for oversized pipe, additional manholes, stubs or pumping equipment installed at the request of Garden City pursuant to the policy for reimbursement adopted by resolution of the city council.

C.    The city of Garden City reserves the right to impose impact and development fees for extensions outside the city limits as may be in the best interests of Garden City and adopted by resolution of the city council. (1988 Code)

6-3-14 CONSTRUCTION METHODS AND MATERIALS:

Construction methods and materials used in the installation of sewer main lines, sewer service lines, manholes, pumping equipment and sewer system appurtenances shall conform to all material and construction specifications as may be provided by the public works director. Construction materials and workmanship not in accordance with the material and construction specifications shall be removed and replaced to conform with requirements at the expense of the installer. (1988 Code)

6-3-15 ILLEGAL CONNECTIONS:

It shall be unlawful for any person to make or cause to be made any connection with the city sewer main or to introduce or cause to be introduced any substance into a city sewer main or any connection thereto unless a permit has been first issued for such purpose by the public works director in compliance and conformity with the provisions of this chapter and the rules and regulations of the city that are now or may hereafter be established. It shall further be unlawful for any person to tamper with, alter, interfere with or abuse any pipe, manhole, connection, cleanout or appurtenance of the sewer system. Violation of this provision or any part thereof shall be a misdemeanor. (1988 Code)

6-3-16 SPECIAL FEE FOR SERVICE OUTSIDE CITY:

The city council may, by resolution, adopt certain special fees for providing services outside the city limits in order to more equitably apportion the cost incurred in the collection, conveyance, pumping, treatment and disposal of sanitary sewage These special fees may include connection, impact, extension fees and modified base and consumption service rates as deemed necessary for the sewer system to remain viable. (1988 Code)

6-3-17 IMPACT FEES:

The city shall have the authority to assess impact and development fees as it deems necessary in order to maintain the integrity of the sewer collection system, including, but not limited to, reserve or other demands placed on the municipal sewer collection system by an impacting development. Such impact fees shall be adopted by resolution of the city council. (1988 Code)

6-3-18 SEWER TRUNK FEES:

The city shall require that all new sewer connections pay sewer trunk fees to provide for improvements, additions and modifications to the sewer collection system. Fees shall be based on the amount reimbursable to Boise City and additionally any processing and administrative costs incurred by the city. Sewer trunk fees shall be adopted by resolution of the city council and shall be a part of the sewer hook up fee schedule. (1988 Code)

6-3-19 SEWER TREATMENT FEES:

The city shall require that all new sewer connections pay sewer treatment fees to provide for necessary sewage treatment facilities. Fees shall be based on the amount reimbursable to Boise City and additionally any processing and administrative costs incurred by the city. Sewer treatment fees shall be adopted by resolution of the city council and shall be a part of the sewer hook up fee schedule. (1988 Code)

6-3-20 COLLECTION SYSTEM EXTENSION REIMBURSEMENTS:

The city shall have the authority to enter in to special contractual agreements to provide for reimbursement of developer costs of extending and oversizing sewer trunk and collector lines when deemed to be in the best interests of the city. This section does not guarantee reimbursement to any individual or entity, providing only for the authority to enter into contractual agreements. Each extension shall be evaluated individually to determine benefit to the city. (1988 Code)

6-3-21 SEWER USE CHARGES AND FEES:

Sewer use charges and fees shall be reviewed annually by the public works director, to provide adequate revenues for the operation and maintenance, replacements, extensions and to provide for sufficient reserves and to retire any indebtedness of the utilities and to operate the same on a cash basis. Sewer use charges and fees shall be an integral part of the utility billing policy adopted by resolution by the city council. (1988 Code)

6-3-22 DEPOSITS AND SEWER ACTIVATION FEES:

The city shall not be obligated to activate water and sewer service to any property prior to application for service to the public works department, accompanied by any application fee and/or security deposit identified in the utility billing policy adopted by resolution of the city council. (1988 Code)

6-3-23 UTILITY PAYMENTS AND DELINQUENT BILLS:

Utility bills are due and payable upon receipt of monthly statement. Utility payments not received prior to the processing of the subsequent billing will show the past due amount and shall constitute first notice of delinquency. Approximately, but not less than two (2) weeks after first notice of delinquency, a second written notice will be delivered to all delinquent accounts showing date and time of disconnection of city provided utility services and shall constitute final notice. Final notice shall give notice of the date and time the utility grievance board shall convene to hear requests for extensions of service and to provide for written arrangements to bring accounts to a current status. No extension or arrangement for payments shall be granted without approval by the utility grievance board. (1988 Code)

6-3-24 TERMINATION OF SERVICE:

Payments received for city provided utility services shall be credited to customer accounts in the following order: a) sewer services, b) sanitation services and c) water services. Properties with delinquencies showing in an amount identified in the utility billing policy adopted by resolution of the city council and having not shown due hardship or cause to the utility grievance board shall have services terminated on the date and time shown on the final notice. Service shall be reinstated only after all past due payments and applicable restoration fees allowed in the utility billing policy have been paid. Sewer services shall be terminated by whatever means deemed necessary by the public works director to protect the interests of the city. All costs associated with this termination shall be due and payable along with any delinquent charges and fees prior to restoration of service. (1988 Code)

6-3-25 COLLECTIONS:

Utility service charges and fees shall be collected, posted and processed by the public works department, and transmitted to the city treasurer for deposit in accordance with Idaho Code. The city treasurer shall provide for the accounting and periodic reporting of funds to the public works director, the public and the auditor engaged by the city council. (1988 Code)

6-3-26 INDUSTRIAL PRETREATMENT AND INSPECTIONS:

The city shall provide for the protection of the municipal sewer collection system and treatment facilities and provide for the abatement of harmful or detrimental discharges into the system by periodic inspections of industrial dischargers. The city and/or any contractual inspector shall follow the guidelines set forth in the uniform plumbing code and those industrial pretreatment manuals adopted for use by resolution of the city council. It shall be the duty of the public director and/or their designated inspector to identify facilities requiring pretreatment or spill prevention programs and to provide for implementation in accordance with section 6-3-8 of this chapter. (1988 Code)

6-3-27 VIOLATIONS AND PENALTIES:

Any person who is found to be in violation any portion of this chapter shall be prosecuted for a misdemeanor violation. (1988 Code)