Chapter 15.10


15.10.005    Definitions. Revised 2/19

15.10.010    Use of Public Sewer – Requirements for New Development and Septic to Sewer Conversion Program. Revised 2/19

15.10.015    Private Sewage Disposal.

15.10.020    Building Sewer Connections and Responsibilities.

15.10.025    Use of Public Sewers.

15.10.030    Protection from Damage.

15.10.035    Inspection.

15.10.040    Penalties.

15.10.005 Definitions. Revised 2/19

The following definitions apply in this chapter:

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (MG/l).

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 (one and one-half meters) outside the inner face of the building wall.

Building sewer means the privately owned sewer line in two parts. First part, a building sewer “lateral” wholly contained on private property, which is the line extending from the building drain to the edge of the private property boundary; second part, the sewer “stub out,” which is the line extending past the edge of private property boundary into the public rights-of-way up to where it connects to the public sewer. “Stub-outs” are wholly contained within public rights-of-way. Building sewers include not only sewer lines on private property, called “building sewer laterals,” but also includes the sewer “stub-outs” within rights-of-way up to the point where the line connects with a public sewer main. “Building sewer laterals” and “sewer stub-outs” are not part of the public sewer, and are not owned by the City, even if located in rights-of-way.

Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

Neighborhood sewer extension project means design and construction of a public sewer to provide public sewer service to existing properties within City limits served by on-site septic systems within the City limits as shown on the City of Bend Comprehensive Plan Map at the time of the urban growth boundary expansion by Ordinance No. 2271, effective on acknowledgment on December 6, 2016. It does not include extension of public sewer to existing property within urban growth expansion areas, which are governed by annexation agreements and/or City codes related to new annexation areas.

Private on-site septic system means an individual residential or other property on a septic system or any private sewer system (i.e., drill holes, mounded sand beds, etc.) within the City limits.

Public sewer means any sewer main owned and controlled by the City. A building sewer is not a sewer main and is not a public sewer.

Sanitary sewer means a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

Sewage means the water-carried wastes from residences, business buildings, and institutions.

Sewage treatment plant means any arrangement of devices and structures used for treating sewage.

Sewage works means all facilities for collecting, pumping, treating and disposing of sewage.

Sewer means a pipe or conduit for carrying sewage.

Slug means any discharge at a flow rate or concentration which could cause a violation of the discharge standards of this code or any discharge of a nonroutine, episodic nature including an accidental spill or a noncustomary batch discharge.

Storm sewer means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Suspended solids means a total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. NS-2320, 2018; Ord. NS-2182, 2012; Ord. NS-2146, 2010]

15.10.010 Use of Public Sewer – Requirements for New Development and Septic to Sewer Conversion Program. Revised 2/19

A.    The intent of this section is to:

1.    Require connection to the public sewer system for newly developed property as defined in this chapter.

2.    Facilitate a comprehensive program whereby individual properties with private on-site septic systems within the City limits shown as on the City of Bend Comprehensive Plan Map at the time of the urban growth boundary expansion by Ordinance No. 2271, effective on acknowledgment on December 6, 2016, will connect to the public sewer system when a public sewer system becomes legally available as defined in this chapter.

3.    Provide for financial assistance for connection fees to qualifying property owners with private on-site sewer systems converting to the public sewer system.

B.    Except for properties to which City sewer service is not available, no person shall construct any new private on-site septic system. Existing private on-site septic systems may be used and maintained if connection to City service is not available or only as long as continued private septic system connection is authorized under subsection (H) of this section. Any system not operated by the City is a private on-site septic system.

C.    New Development. All newly developed property used for human occupancy or employment shall hook up to a public sewer. The hookup shall be accomplished in compliance with all applicable Federal, State and City laws, regulations and policies.

D.    Existing Development and Legal Availability. Existing development within the City limits as shown on the City of Bend Comprehensive Plan Map at the time of the urban growth boundary expansion by Ordinance NS-2271, approved on November 14, 2016, and served by a private on-site septic system, will not be required to hook up to the public sewer until the City has provided notice that public sewer service with capacity exists along the frontage of the property, following privately or publicly funded extension of sewer service. Development annexed into the City served by private, on-site septic systems shall connect to sewer as set forth in the annexation agreement(s), policies or decisions of the City Council.

E.    Septic to Sewer Conversion Program. There is hereby established a City of Bend Septic to Sewer Conversion Program with the goal of connecting properties served by private on-site septic systems to the City’s public sewer system over time. The program applies to properties within the City limits shown on the City of Bend Comprehensive Plan Map at the time of the urban growth boundary expansion on December 6, 2016, Ordinance NS-2271. In furtherance of the Septic to Sewer Conversion Program, the City will engage in neighborhood sewer extension projects in a systematic manner, as funds are available and allocated. Neighborhood sewer extension projects may be selected based on a pool of applicants. The City Manager is authorized to solicit and receive applications from property owners who wish their neighborhood or street(s) be considered for a sewer extension project. Applications will be considered at least annually, based on the following considerations:

1.    Cost of the sewer extension project, including design;

2.    Total number of homes or properties to be connected to the public sewer system from the project;

3.    Whether other City construction projects are planned for the street identified in the application;

4.    The percentage of property owners who would be served by the neighborhood sewer extension project who have joined or signed onto the application;

5.    The age of existing septic systems that would be replaced by the proposed neighborhood sewer extension project and evidence of failing septic systems; and

6.    Other factors established by the City Manager.

F.    A committee, to include one to three City Councilors, the City Engineer, the Engineering, Infrastructure and Planning Director, and the City Manager, or their designees, will review submitted applications in light of the available funds and the factors in subsection (E) of this section. The committee will select one or more neighborhood sewer extension projects for funding and construction to proceed pursuant to applicable City processes.

G.    Capital Improvement Program. In addition, there may be areas of the City that receive public sewer service through the extension of a sewer main or interceptor along their frontage and a stub-out from the construction of a project associated with the City’s Collection System Master Plan and Capital Improvement Program (CIP Projects).

H.    Timing of Connection and Payment of Fees for Neighborhood Sewer Extension Projects and CIP Projects.

1.    Upon completion of a neighborhood sewer extension project or CIP project, the City will issue a notice of operational completion to all property owners with frontage along the newly completed public sewer line within 30 days of operational completion. The notice will be recorded and will run with the land, explaining the provisions of this section (H).

2.    Property owners who submitted the successful application for the neighborhood sewer extension project are required to connect to the public sewer within two years of the notice of operational completion.

3.    Connection by either property owners with frontage along a neighborhood extension project who did not sign the application for the project, or connection by properties with frontage along a CIP project, is voluntary, except that connection is always mandatory when either of the following occurs at any time: (a) the existing on-site septic system fails or needs repair or otherwise requires a County OAR 340 Division 71 or 73 permit, or (b) the property owner applies to the City or County for any improvements adding capacity to the dwelling or to the existing septic system (which could be a subdivision of the property, an ADU, additions to the property, etc.).

4.    Connection Fees and System Development Charges (SDCs). The connection fee will be established by the City Council in the annual fee resolution, adjusted annually for inflation (using the Engineering News Record (ENR) construction cost index). Except as provided in subsection (H)(6) of this section, a property owner must pay all connection fees in effect at the time of hook-up, except that any property that connects within two years from the notice of completion will be granted a 50 percent discount to the current sewer connection fee. Properties that do not connect within the two-year frame must pay the full sewer connection fee established by Council at the time of application for connection. All property owners must pay the SDCs in effect at the time of application for connection.

5.    All connections to public sewer shall be completed in compliance with all applicable Federal, State and City laws, regulations and policies.

6.    A qualifying property owner required or requesting to connect to public sewer under the Septic to Sewer Conversion Program can request that the City fund their connection fees under the City’s customer assistance program. “Qualifying property owner” means a property owner with a household income at or below 80 percent of the area medium income based on the most recent HUD calculation available (US Census Bureau’s ACS estimate for Bend, Redmond, OR MSA), or senior citizens over the age of 62 and disabled persons who meet the income qualifications of the City’s customer assistance program. The application process and program is further set forth on the City’s utility billing website.

I.    City water service may be terminated to any property that has not hooked up to the sewage system in compliance with the provisions of this title or any other applicable law, rule or regulation.

J.    All persons receiving sewer service from the City shall pay the monthly fee for the service and connection established by Council resolution and all applicable system development charges. The Council may set sewer rates based on type of use, on volume discharged, on strength of the discharge, and/or on any other basis the Council determines to be appropriate.

K.    The City Manager shall have the authority to establish administrative rules and regulations and departmental procedures to clarify, carry out and enforce the provisions of this chapter, and to implement the Septic to Sewer Conversion Program consistent with the intent of this chapter. [Ord. NS-2320, 2018; Ord. NS-2182, 2012]

15.10.015 Private Sewage Disposal.

A.    Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with this chapter and State regulations.

B.    All applicable State and County permits and approvals must be obtained before commencement of construction of a private sewage disposal system.

C.    A private sewage disposal system shall not be used until the installation is approved by responsible State and County departments.

D.    The type, capacities, location and layout of a private sewage disposal system shall comply with all State regulations. No private sewage disposal system may discharge into any natural outlet.

E.    When a property with a private sewage disposal system is connected to the public City sewer, the private sewage disposal facilities shall be abandoned in accordance with State regulations.

F.    The owner shall operate and maintain private sewage facilities in a sanitary manner at all times. [Ord. NS-2182, 2012]

15.10.020 Building Sewer Connections and Responsibilities.

A.    No unauthorized person shall uncover, connect with, use, alter or disturb any public sewer without a written permit from the City.

B.    Applications for a sewer connection shall be on City forms. The permit application must be accompanied by plans and specifications and any other information requested by the City.

C.    The owner is responsible for all costs and expenses relating to the installation and connection of the building sewer. The owner shall indemnify the City from any loss or damage that may directly or indirectly result from the installation of the building sewer.

D.    A separate and independent building sewer shall be provided for each lot or parcel.

E.    Old building sewers may be used in connection with new buildings only if the City determines that they meet all requirements of this chapter.

F.    The connection of the building sewer into the public sewer shall conform to the requirements of the State Building and Plumbing Codes and City Standards and Specifications.

G.    The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to a public sewer. The connection shall be made under the supervision of the City.

H.    All excavations for building sewer installation shall comply with the City Standards and Specifications related to work zone protection.

I.    Streets, sidewalks, and other public property disturbed in the course of the work shall be restored in accordance with the City Standards and Specifications unless the City approves otherwise in writing.

J.    The owner of property served by a building sewer shall be responsible for maintenance and repair of the building sewer to the point where the building sewer is connected to a City sewer main. This responsibility includes responsibility for any costs of maintenance or repair. In the event of any break, leak or other damage to a building sewer, the owner of the property served by the building sewer shall cause repairs to be made immediately to minimize any sewer spillage. [Ord. NS-2182, 2012; Ord. NS-2146, 2010]

15.10.025 Use of Public Sewers.

A.    No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, unreasonably large amounts of uncontaminated cooling water or unpolluted process waters to any sanitary sewer.

B.    Stormwater and all other unpolluted drainage shall be discharged to storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet if the discharge is approved in writing by the City and Oregon DEQ.

C.    No person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewers:

1.    Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

2.    Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the effluent disposal system of the sewage treatment plant, including but not limited to cyanides in excess of 0.5 mg/l as CN in the wastes as discharged to the public sewer.

3.    Any water or wastes having a pH lower than 5.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

4.    Solid or viscous substances in quantities or of such size capable of causing obstruction of the flow in sewers, or other interference with the proper operation of the sewage works including, but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

D.    No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the City that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the effluent disposal system, or can otherwise endanger life, limb, public property or constitute a nuisance. In review of the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

1.    Any liquid or vapor having a temperature higher than 149 degrees Fahrenheit (65 degrees Celsius).

2.    Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble, dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding, or polishing wastes.

3.    Any waters or wastes containing iron, chromium, copper, zinc, lead and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds established City limits.

4.    Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State or Federal Government.

5.    Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the State or Federal regulations.

6.    Any waters or wastes having a pH in excess of 11.0.

7.    Materials which exert or cause:

a.    Unusual concentrations of inert suspended solids, (including but not limited to: fuller’s earth, lime slurries, and lime residues) or of dissolved solids (including, but not limited to, sodium chloride and sodium sulfate).

b.    Excessive discoloration (including, but not limited to, dye wastes and vegetable tanning solutions).

c.    Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d.    Unusual volume of flow or concentration of wastes constituting slugs.

8.    Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of the State and Federal agencies having jurisdiction over discharge to the receiving water. [Ord. NS-2182, 2012]

15.10.030 Protection from Damage.

No unauthorized person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the City’s sewage treatment system. [Ord. NS-2182, 2012]

15.10.035 Inspection.

A.    The City shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.

B.    The City shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspections, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the easement. [Ord. NS-2182, 2012]

15.10.040 Penalties.

Failure to comply with this chapter or any regulation or order issued under this chapter is a Class A civil infraction. Each day on which a violation occurs or continues is a separate violation. [Ord. NS-2182, 2012]