Chapter 13.10


Article I. Definitions

13.10.005    Definitions.

Article II. General Requirements

13.10.010    Interference with operation of district system.

13.10.020    Grease/oil traps.

13.10.030    Use of public sewers required.

13.10.040    Private sewage disposal.

13.10.050    Construction plans – Review and approval.

13.10.060    Construction standards.

13.10.070    Inspection.

13.10.080    Private sewage collection systems.

13.10.090    Connection to city sewer system.

13.10.100    Cash sewer main extension.

13.10.110    Cross-connections.

13.10.120    Sewer service fees.

13.10.130    Separate building sewer.

13.10.140    Maintenance responsibilities.

13.10.150    Point of connection.

13.10.160    Unauthorized connections.

13.10.170    Basement service.

13.10.180    Infiltration and inflow.

13.10.190    Powers and authority of inspectors.

13.10.200    Testing.

13.10.210    Issuance of stop work order.

Article III. Application for Service – Sewer Use Charges

13.10.220    Application – Service charges – Rates.

13.10.230    Conditions of service.

13.10.240    Sewer service charges.

13.10.245    Utility reserve fund.

13.10.250    Appeals.

13.10.260    Review and revision of rates.

13.10.270    Method of payment.

13.10.280    Enforcement.

13.10.290    Rates, fees and charges – Policy guidelines.

13.10.300    Deleted during 2011 codification.

13.10.310    Sewer fund – Use.

Article IV. Industrial Discharger and Other Prohibited Discharges

13.10.320    Declaration of policy.

13.10.330    Prohibited practices.

13.10.340    General discharge prohibitions.

13.10.350    Storm water.

13.10.360    Limitations on wastewater strengths.

13.10.370    Accidental discharges.

13.10.380    Pretreatment.

13.10.390    Fees.

13.10.400    Charges and fees.

13.10.410    Administration.

13.10.420    Wastewater discharge data disclosure.

13.10.430    Reporting requirements for discharger.

13.10.440    Monitoring facilities.

13.10.450    Confidential information.

13.10.460    Emergency suspension of service and wastewater discharge permit.

13.10.470    Discharger prohibited conduct.

13.10.480    Notification of violation – Administrative adjustment.

13.10.490    Show cause hearing.

13.10.500    Judicial proceedings.

13.10.510    Enforcement actions – Annual publication.

13.10.520    Right of appeal.

13.10.530    Operating upsets.

13.10.540    Civil penalties.

13.10.550    Recovery of cost incurred by the city.

13.10.560    Falsifying information.

Article V. Septic Tank Haulers

13.10.570    Discharge from septage haulers.

13.10.580    Septage hauling permit required – Application.

13.10.590    Conditions of permit.

13.10.600    Manifest required.

13.10.610    Times and location of discharge.

13.10.620    Fees.

Article VI. Penalties and Conflicts

13.10.630    Penalties.

13.10.640    Conflict and inconsistent agreements.

Prior legislation: Ords. 182 and 391.

Article I. Definitions

13.10.005 Definitions.

As used in this chapter, unless the context requires otherwise:

“Act” shall mean the Clean Water Act (33 U.S.C. 1251 et seq.).

“Administrative authority” is the public works supervisor or designee.

“ANSI specification” shall mean the standard specifications or refer to methods of the American National Standards Institute of the serial designation indicated by the number and, unless otherwise stated, to the latest adopted revision of said specifications or methods.

“Applicable pretreatment standards” means, for any specified pollutant, city prohibitive discharge standards, city’s specific limitations on discharge, state of Oregon pretreatment standards, or national categorical pretreatment standards (when effective) whichever standard is most stringent.

“Applicant” is the person making application for a permit for a sewer connection, who shall be the owner of the premises to be served by the sewer for which a permit is requested, or his authorized agent appointed in writing to act as such.

“APWA” shall mean the American Public Works Association.

“ASPP” means accidental spill prevention plan.

“ASTM specifications” shall mean the standard specifications or methods of the American Society for Testing Materials of the serial designation indicated by the number and, unless otherwise stated, refer to the latest adopted revision of said specifications or methods.

“BOD” (denoting biochemical oxygen demand) is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.

“Building” means any structure used for human habitation, employment, place of business, recreation or any other purpose, containing sanitary facilities.

“Building sewer” shall mean a conduit extending from the plumbing or drainage system of a building or buildings to and connecting with the public sewer the system’s main trunk line.

“Cash sewer main extension” shall mean the extension of a sewer main where the extension is made without establishing an LID and where the cost of said extension is borne by the developer or individual requesting the sewer.

“Categorical industry” shall mean any business or industry listed by the Environmental Protection Agency (EPA) as such.

“Categorical pretreatment standard” shall mean national pretreatment standards specifying quantities of concentrations of pollutants or pollutant properties which may be discharged or introduced into a public sewer system by specific industrial dischargers.

“City” is the city of Pilot Rock, Oregon, or any of its authorized representatives.

“City limits” shall mean the area contained within the boundaries of the city of Pilot Rock as now or hereafter constituted.

“Cleanout” is a sealed aperture permitting access to a sewer pipe for cleaning purposes.

“Combined sewer” is a sewer intended to serve as a sanitary sewer and as an industrial sewer.

“Commercial establishment” means any structure which contains sanitary facilities used other than as a dwelling unit, or for manufacturing purposes.

“Compatible pollutant” shall mean wastes having biochemical demand, suspended solids and pH within tolerable limits, fecal coliform bacteria, and such additional pollutants which the city treatment works are designed to treat.

“Connection charge” is the amount of money charged for connecting to the city sanitary sewer system.

“Cooling water” shall mean the water discharged from any use, such as air conditioning, heat exchangers, cooling or refrigeration, or to which the only pollutant added is heat.

“Dwelling unit” refers to a facility designed for permanent or semipermanent occupants and provided with minimum kitchen, sleeping and sanitary facilities.

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

“Improved parking lot” is any lot used for the purpose of parking vehicles that is hard-surfaced and/or paved to the extent that water drains off into catch basins or onto a public right-of-way.

“Indirect discharge” is the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) or (c) of the Act into a POTW.

“Industrial discharger/user” shall mean any discharger who discharges other than household wastes directly or indirectly into the city sewer system.

“Industrial waste” shall mean liquid, solid, or gaseous substance or combination thereof, resulting from any process of industry manufacturing, commercial food processing, business, agriculture, trade or research, including but not limited to the development, recovery or processing of natural resources and leakage from landfills or other disposal sites, and any other discharge other than domestic sanitary waste.

“Industrial waste discharge permit” shall mean a permit to discharge industrial wastes into the city sewer system issued under the authority of this chapter and which prescribes certain discharge requirements and limitations.

“Interceptor” shall mean a sanitary sewer which receives the flow from a number of trunk, main or lateral sewers and transports it to a treatment plant or other point of disposal. Generally, an interceptor collects the flow from a number of trunks, mains or laterals which would otherwise discharge to a natural outlet.

“Interference” shall mean an inhibition or disruption of the POTW, its treatment process or operations, or its sludge processes, use or disposal caused by a discharge or discharges from other sources resulting in either a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the CWA, the Solid Waste Disposal Act (SWDA) (including Title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the CWA, and the Toxic Substances Control Act).

“Lateral” shall mean a sanitary sewer which will receive the flow from service connections and discharge into a trunk or interceptor.

“May” is permissive.

“mg/L” means milligrams per liter.

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

New Source.

(a) “New source” means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such sources if such standards are thereafter promulgated in accordance with that section; provided, that:

(i) The building, structure, facility or installation is constructed at a site at which no other source is located; or

(ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as existing source, should be considered.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (a)(ii) or (iii) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(c) Construction of a new source as defined herein has commenced if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous on-site construction program:

(A) Any placement, assembly, or installation of facilities or equipment; or

(B) Significant site preparation work including clearing excavation, or removal of existing buildings, structures, or facilities which is necessary for placement, assembly or installation of new source facilities or equipment; or

(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation.

“NPDES” shall mean national pollutant discharge elimination system permit program of the U.S. Environmental Protection Agency (USEPA).

“O&M” shall mean operation and maintenance. This is the activity required to assure the dependable and economical function of treatment works.

(a) “Maintenance” means preservation of function integrity and efficiency of equipment and structure. This includes preventive maintenance, corrective maintenance and replacement of equipment.

(b) “Operation” means control of the unit process and equipment which make up the treatment works. This includes financial management systems; personnel management; records; laboratory control; process control; safety and emergency operations planning.

“Other wastes” shall mean decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except domestic sewage or approved industrial wastes.

“Pass through” means the occurrence of an indirect discharge which exits the POTW into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” is any individual, firm, company, association, society, corporation or group.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Pollutant” shall mean any substance discharged into a POTW or its collection system, which is prohibited or limited by this chapter.

“POTW” shall mean publicly operated treatment works.

“p.p.m.” means parts per million.

“Pressure sewer” shall mean a sewer receiving flow directly from a pump station and discharging under pressure into an interceptor, trunk, main, lateral, another pumping station or treatment plant.

“Pretreatment” shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city sewerage system.

“Pretreatment requirement” shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

“Private sewer” shall mean a sanitary sewer, exclusive of building sewers, which is not owned or operated by the city or another local government agency.

“Properly shredded garbage” is the waste from the preparation, cooking and dispensing of food, and the handling, storage, and sale of produce, that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

“Replacement” is obtaining and installing equipment, accessories, and appurtenances which are necessary during the design or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

“Residential user” shall mean a person or persons occupying a dwelling unit as a single family.

“Sanitary facilities” means sink, tub, shower, or toilet.

“Septic waste” means wastes produced in domestic septic tanks, cesspools, portable toilets or temporary restroom facilities.

“Sewage pretreatment agreement” shall mean the agreement between the city and any local government agency or person providing for the delivery or receipt of sewage to or from the city sewage system and the acceptance of delivery by the city of such sewage.

“Sewer” means a pipe or conduit for carrying sewage.

(a) “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.

(b) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.

(c) “Public sewer” means a sewer that is owned and controlled by the city.

(d) “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(e) “Sewage works” means all facilities for collection, pumping, treating and disposing of sewage.

(f) “Storm sewer” means a sewer intended to carry storm waters, surface runoff, street wash waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

“Sewerage system” shall mean the entire sewage collection and treatment systems, exclusive of branch sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the transportation, collection, treatment and disposal of sanitary and approved industrial wastewater and sludge.

“Shall” means mandatory.

“Significant industrial discharger/user” means any industrial user of the authority’s POTW who:

(a) Is subject to categorical pretreatment standards in Sections 307(b) and (c) of the Act; or

(b) Discharges to the POTW industrial waste containing any of the toxic pollutants subject to local limits as set forth in PRMC 13.10.360(5); or

(c) Discharges to the POTW industrial waste containing significant quantities of toxic pollutants as defined pursuant to Section 307 of the Act; or

(d) Discharges to the POTW industrial waste containing a pollutant or having a characteristic which violates or has the potential to violate any of the general discharge prohibitions as set forth in PRMC 13.10.340; or

(e) Discharges a waste load, measured as total suspended solids (TSS) of standard five-day biochemical oxygen demand (BOD5), which constitutes greater than five percent of the average daily waste load at the treatment facility receiving the waste; or

(f) Discharges a flow greater than five percent of the total flow carried by the treatment facility receiving the waste; or

(g) Is determined by the city to have a significant impact or potential for significant impact, either singly or in combination with other contributing industries, on the wastewater collection and treatment system, the quality of sludge, the system’s effluent quality, or air emissions, generated by the system.

“Slug load” is any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.

“Standard Methods” shall mean the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

“Suspended solids” are solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering.

“Toxic pollutants” shall mean those substances listed by EPA and DEQ. This list is based upon the priority pollutant list prepared by the U.S. Environmental Protection Agency and any additional information available which indicates toxicity or hazard level of particular substances.

“Trunk” shall mean a major sanitary sewer into which more than two laterals or mains discharge and which transports the flow collected from laterals and mains to an interceptor, pumping station or treatment plant.

“Upset” shall mean an exceptional incident in which a discharge is unintentionally and temporarily in a state of noncompliance with the discharge requirements set forth in this chapter due to factors beyond reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

“Urban growth boundary” is now and hereafter described as within the city of Pilot Rock comprehensive plan.

“User charge” is the charge levied to users of a sewage works and the user’s proportionate share of the costs of operation and maintenance (including replacement or improvements) of such works.

“Wastewater” shall mean approved industrial waste or sewage, or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the city sewerage systems.

“Wastewater treatment plant” shall mean any arrangement of devices and structures used for treating wastewater.

“Watercourse” is a channel in which a flow of water occurs, either continuously or intermittently. [Amended during 2011 codification; Ord. 433 Div. I, 1994].

Article II. General Requirements

13.10.010 Interference with operation of district system.

No unauthorized person shall enter any city sewer, manhole, pumping station, treatment plant or appurtenant facility. No person shall maliciously, willfully or negligently break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is part of the city system. Any person violating this provision will be subject to immediate arrest.

No person, other than an authorized employee or agent of the city, shall operate or change the operation of the city sewer. [Amended during 2011 codification; Ord. 433 § 1, 1994].

13.10.020 Grease/oil traps.

Grease, oil and sand trap interceptors shall be provided when, in the opinion of the administrative authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, 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 administrative authority and shall be located so as to be readily and easily accessible for cleaning and inspection. Owner shall be responsible for cleaning and maintaining the grease, oil and sand interceptors. [Ord. 433 § 2, 1994].

13.10.030 Use of public sewers required.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city limits and abutting on any street, alley, or right-of-way in which there is a public sanitary sewer of the city, is hereby required at their expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer, either by gravity or with approved pumping facilities, in accordance with the provisions of this chapter within 90 days after the date of official notice to do so; provided, that said public sewer is within 200 feet of the property line. If during said period of 90 days, the said owner files his written objections with the administrative authority against so being required to install said facilities, the city shall not enforce the provisions of this section upon said owner, until the city council shall have, at a meeting thereof, heard the objections of said owner and rendered its decision thereon, unless the requirement to connect is to eliminate a health hazard where the provision for objecting to this requirement will not be allowed. The city council shall hold the meeting not less than 10 days nor more than 45 days from and after the date set by the filing of said objections with the administrative authority. Not less than seven days prior to the date set by the council for said meeting, the administrative authority shall give due notice of the date set therefor to said owner. The decision of the council shall be final, and no appeal shall be taken therefrom by said owner except as is provided by law. The city may authorize the utilization of a decentralized alternative wastewater system as deemed necessary to be owned and maintained by the city. [Amended during 2011 codification; Ord. 433 § 3, 1994].

13.10.040 Private sewage disposal.

No person shall construct or maintain any facility intended or used for the disposal of sewage except as provided by the city of Pilot Rock. [Ord. 433 § 4, 1994].

13.10.050 Construction plans – Review and approval.

(1) Detailed construction plans and specifications for proposed public and private sewers shall be prepared by a professional engineer registered in the state of Oregon, and shall be subject to review and approval by the city public works supervisor and Department of Environmental Quality and/or the Building Codes Agency, at the expense of the owner/applicant.

(2) A single-family dwelling can be approved by the public works supervisor or city council by completing the following:

By applying for necessary permits, and submitting a detailed plan for approval.

Each person desiring to construct a public sewer shall notify the city in writing of their intention to prepare such construction plans and specifications. The boundaries of the areas to be served shall be delineated by map, sketch, or written description. Within 10 calendar days following receipt of such notice, the city shall make a written approval of the request and the person shall submit two sets of DEQ-approved plans and specifications and shall obtain approval thereof and a permit to construct prior to advertising for bids. Within 21 calendar days following receipt of such plans and specifications, the public works supervisor shall review same and return one set thereof to the person with approval or required changes indicated. If said plans and specifications are disapproved, the required changes shall be made by the person and all required revisions of plans and specifications resubmitted in the same manner as provided for the initial submittal.

In the event no communication is received from the city by the person within 21 calendar days of the date of submission of such plans and specifications, it shall be deemed that the city has not approved such plans and specifications and will not issue a construction permit. [Amended during 2011 codification; Ord. 433 § 5, 1994].

13.10.060 Construction standards.

The construction of new public sewers, private sewers and extensions of existing sewers shall, under the jurisdiction of the city, fully conform to these rules and regulations, city of Pilot Rock construction standards, the requirements of the Oregon Health Division or Department of Environmental Quality, and the Building Codes Agency. In the event of conflict, the highest applicable standard shall govern. [Ord. 433 § 6, 1994].

13.10.070 Inspection.

The city will provide an inspector or inspectors on all new sanitary sewer construction within the city to ensure compliance with these regulations and the specifications under which they are to be constructed. The inspector(s) will make diligent efforts to guard the city against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of these rules and regulations, the construction standards and specifications are being fulfilled. Day-to-day inspection will not, however, cause the city to be responsible for those duties and responsibilities which belong to the construction contractor and which include, but are not limited to, full responsibility for the techniques, sequences, and material of construction and the safety precaution incidental thereto, and for performing the construction work in accordance with these rules and regulations and the construction standards.

The city shall be reimbursed for the cost of providing inspection services by the person installing new sanitary sewers. The cost for inspection services shall be on a per diem basis determined by the city public works supervisor at the time the permit is issued to perform the work.

The construction of all public sewers shall be under the supervision of the city public works supervisor. At the completion of the construction, the city engineer shall certify, in writing, to the city and the DEQ that such construction complies with these rules and regulations and the plans and specifications therefor. [Ord. 433 § 7, 1994].

13.10.080 Private sewage collection systems.

Before commencement of construction of a private sewage collection system which will discharge to the city system, the owner shall first obtain a written permit, signed by the city public works director. The application for such permit shall be made on forms furnished by the city of Pilot Rock and such application shall be supplemented by any plans, specifications and other information as the city deems necessary.

The owner or agent shall make application on a special form furnished by the city; and upon the filing of said application, said owner or agent shall pay to the city a permit fee for the right of the applicant to hook up to the public sewer when required.

A permit for a private sewage collection system connected to the public system shall not become effective until the installation is completed to the satisfaction of the city public works director. The city shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city public works director when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made forthwith upon receipt of notice that the work is ready for final inspection. [Ord. 433 § 8, 1994].

13.10.090 Connection to city sewer system.

(1) No person shall connect to the city sewer system or make a change in sewer service, size or location without permit to do so.

(2) Any person wishing to connect to the city sewer system, or to make a change in sewer service size or location, shall apply to the city for a permit to do so. The administrative authority shall have authority to grant such permits.

(3) No sewer service shall be granted or allowed unless the property receiving the service is first annexed to the city.

(4) Whenever an applicant’s requirements for sewer use are unusual, large, or necessitate considerable special or reserve equipment or capacity, the public works supervisor may impose special limitations or charges on the service, or make special exceptions to otherwise applicable limitations or charges, and these provisions shall be in writing on the sewer service permit.

(5) The public works supervisor may grant a permit where an extension or alteration of existing sewer mains is required and in the best interest of the public health, welfare and safety of the residents of the city, and would be consistent in all respects with adopted resolutions, policies, plans and ordinances. Where an extension of an existing sewer main is required, the application shall be submitted to the city. The city council may determine whether the city should bear the cost of the sewer extension, assess the cost against benefited properties, or require the applicant to bear all or part of the cost of the sewer main extensions. If the council determines that the applicant should pay the costs of the sewer main extension, the council shall also determine if the applicant qualifies to enter into a reimbursement agreement with the city. If the council determines the cost should be assessed against benefited property, the applicant shall proceed in accordance with Chapter 12.15 PRMC, Local Improvements.

(6) The user shall be solely responsible for the maintenance and expenses of the line from the premises to the main trunk line. If the customer’s service line is in or under the street right-of-way and needs repair, the city has the discretion to repair and bill the customer for the repair costs plus materials. Any property owner repairing their service line will conform to the city’s construction permit, state, federal and local laws. [Ord. 433 § 9, 1994].

13.10.100 Cash sewer main extension.

The cost of the extension shall be as established by resolution of the city council or may be established by competitive bids; when competitive bids are received, the least cost method which complies with this standard will be used. The costs of the sewer extension shall include an allowance for engineering, legal, and administration, which will be the actual cost to the city resulting from said project. The developer will be required to place in escrow an amount estimated by the city engineer to cover the cost of the extension together with all engineering and administrative costs. Upon completion of the extension, and determination of actual costs, the developer will be refunded any funds not expended if the project costs are less than the estimate. If the project costs are more than the estimate, the developer will reimburse the city for the difference prior to receiving a permit to connect to the sewer. The developer will be entitled to all interest earnings on the escrow account. [Ord. 433 § 10, 1994].

13.10.110 Cross-connections.

No person shall install or maintain any physical cross-connections between the city sewer system and any source of water supply. [Ord. 433 § 11, 1994].

13.10.120 Sewer service fees.

(1) The connection fees include two charges:

(a) One is called the “service charge” and is to reimburse the city for the cost of any engineering, permits, and inspection fees, including the tap at the public sewer main together with any unpaid assessments; and

(b) The connection fee shall be determined and may be revised by resolution of the council.

(2) The sewer line shall be capped in the event that the building is destroyed or removed. The cap shall be installed under the supervision of the public works director. Sewer service charges shall be assessed until the capping has been approved by the city. If the owner fails to cap the line, the administrative authority may order it to be capped at the property owner’s expense, and a new connection fee will be required upon reconnection.

(3) No person shall make connections of roof downpour, exterior foundation drains, area drains, or other sources of surface runoff or ground water directly or indirectly to a public sanitary sewer. Where said connections are found to exist, they shall be changed at the owner’s expense so as to drain into a storm drain system. Old sewer lines may be used in connection with new buildings only when they are found, upon examination and test, to meet all requirements of this chapter and city specifications. Such examination and test shall be paid for by the customer or prospective customer.

(4) All excavation for building sewer installations shall be adequately guarded with barricades, fencing, and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored to their original condition in a manner satisfactory to the city public works director at the expense of the property owner.

(5) The connection of the building sewer into the public sewer shall be made at a sewer main.

(6) Sewer System Improvements. City council may establish a special surcharge to pay for necessary or required system improvements. [Amended during 2011 codification; Ord. 433 § 12, 1994].

13.10.130 Separate building sewer.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway; and provided, that such single ownership shall continue, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; provided, however, that apartment courts, motels, shopping complexes, schools, and similar structures held under a single ownership shall be permitted to use a single sanitary sewer connection while such single ownership shall continue, such single connection to be a size and type approved by the city engineer. [Ord. 433 § 13, 1994].

13.10.140 Maintenance responsibilities.

The city shall bear no responsibility for the general maintenance, repair or replacement of private sewers. [Ord. 433 § 14, 1994].

13.10.150 Point of connection.

Building sewer connections shall be made on the sewer main side of the building, unless prearranged by the public works director. There shall be a cleanout installed on all new service connections. [Amended during 2011 codification; Ord. 433 § 15, 1994].

13.10.160 Unauthorized connections.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereto; and no person, firm or corporation shall make any connection to any part of the sewer system without first making an application and securing a permit therefor. [Ord. 433 § 16, 1994].

13.10.170 Basement service.

Building sewers serving buildings with a basement shall, whenever possible, 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 public sewer, sanitary sewage carried by such drain shall be lifted by approved means and discharged to the building sewer. Backflow devices shall be installed in all building sewers serving new buildings with basements or new sewers serving existing buildings with basements and all other locations where physical conditions could allow flooding as determined by the public works director. The cost shall be borne by the owner. [Ord. 433 § 17, 1994].

13.10.180 Infiltration and inflow.

All property owners identified by the city as contributors to excessive or improper infiltration or inflow into the treatment works shall be advised of their infiltration and inflow problems.

(1) Upon notification, all such properties determined to be in violation of this section shall be provided 60 calendar days in which to correct the infiltration and inflow problems as identified, said 60-day period to extend from the date of notification.

(2) Before the end of the 60-day corrective period, each property owner shall notify the city that corrective actions have been taken or are in progress, and whether or not the corrections will be completed within the time allowed.

(3) A property owner failing to notify the city of corrective actions prior to the end of the 60-day corrective period shall be subject to termination of service, without further notice, and water service, if provided by the city, shall be immediately discontinued and shut off until the violation shall have been corrected in accordance with federal, state and city regulations.

(4) In the event any instance of excessive or improper infiltration or inflow into the treatment works of the city shall continue beyond the 60-day corrective period, it is hereby declared that such continuing infiltration or inflow is a public nuisance, and that the city shall have the right to abate such public nuisance as provided for in Chapter 8.10 PRMC, Nuisances. [Ord. 433 § 18, 1994].

13.10.190 Powers and authority of inspectors.

(1) The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be authorized to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. If a property owner refuses to admit an authorized employee of the city, the city shall apply to a court of competent jurisdiction for a warrant to enter the property for the purposes outlined herein.

(2) The public works director or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment and as provided for in PRMC 13.10.450.

(3) While performing the necessary work on private properties, the city engineer or fully authorized employees of the city shall observe all safety rules applicable to the premises established by the company. [Ord. 433 § 19, 1994].

13.10.200 Testing.

All measurements, tests and analyses of the characteristics of waters and wastes referred to in this chapter shall be determined according to the specifications in the latest edition of the “Standard Methods for the Examination of Water and Wastewater.” The owner of any premises being tested shall bear the costs of all tests. Such costs shall be added to the monthly sewer bill where practicable. [Ord. 433 § 20, 1994].

13.10.210 Issuance of stop work order.

If any agency or person shall construct a public sewer, private sewer or building sewer in violation of these rules and regulations, the city may issue an order to such agency or person to stop work in progress which is not in compliance with these rules and regulations, or the city may issue an order to correct work which has been performed. Such agency or person shall forthwith take such action as may be necessary to comply with such order and with these rules and regulations, all at the expense of such agency or person. [Ord. 433 § 21, 1994].

Article III. Application for Service – Sewer Use Charges

13.10.220 Application – Service charges – Rates.

Each prospective customer shall make a written application for sewer service. The application shall be signed by the applicant and owner of the property and state the location of the premises for which service is requested, the address to which bills are to be sent, information adequate to determine which rate shall apply, and such other information as may reasonably be required. The property owner assumes full responsibility for payment of the account. A deposit shall be required to establish sewer service to rental property not occupied by the owner. [Amended during 2011 codification; Ord. 433 § 22, 1994].

13.10.230 Conditions of service.

Service to sewer users shall be subject to the rules, regulations and rates applicable thereto and in effect at the time service is accepted or as they may be adopted or modified by the council. Service to individuals or groups may be discontinued for failure of a customer to comply with the provisions of this chapter and related rules, regulations and administrative policy. Application for sewer connections in areas between the city limits and the urban growth boundary is dependant on annexation into the city by whole tax lot (lots), and shall not occur until such sites become contiguous to the city as required by the Oregon Revised Statutes and be approved by the city council. [Ord. 433 § 23, 1994].

13.10.240 Sewer service charges.

Sewer service charges against every property benefited by or abutting the city sewer system shall be determined by an accompanying resolution which will be reviewed annually and revised periodically to ensure that sufficient revenue is generated to pay the total operation and maintenance, including replacement costs, of the sewage works. The charges shall maintain the proportional distribution of operation and maintenance costs among users and user classes, accounting for the volume and strength of sewage discharged within each respective user class. [Ord. 433 § 24, 1994].

13.10.245 Utility reserve fund.

(1) The city council has established the need to account for sewer utility reserve funds separate from water utility reserve funds. There shall be charged to each available utility user a sewer utility reserve fee in the sum of $0.50.

(2) Said sum shall be deposited by the city recorder in a reserve account for the purposes of repair, maintenance, replacement, purchase of equipment involved with the sewer department’s repairs, maintenance, replacement, and additions to sewer lines and sewer line testing, monitoring, repairs, and maintenance of the sewer lagoon. [Ord. 554, 2012].

13.10.250 Appeals.

(1) A sewer user who feels that the user charge is unjust and inequitable as applied to his/her premises within the intent of PRMC 13.10.220 through 13.10.240 may make written application to the administrative authority requesting a review of his/her user charge. The written request shall, when necessary, show the actual or estimated average flow or strength, or both, of his/her wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

(2) Review of the request to determine if it can be substantiated shall be by the administrative authority, who may recommend further study of the matter by the public works director or a registered professional engineer.

(3) If the request is determined to be substantiated, the user charges for that user shall be recomputed, based on the approved revised flow or strength data, or both, and the new charges thus recomputed shall be applicable retroactively not to exceed 12 months, as applicable.

(4) Appeals of Final Determination. Any person aggrieved by the final determination of the administrative authority may appeal such determination to the city council within 30 days of notification of final determination. Written notification of such appeal shall be filed with the city council and administrative authority (together with the payment of a fee of $200.00) within 30 days after receipt of the final determination of the administrative authority, and shall set forth in reasonable detail the decision or action appealed from, and the facts and arguments supporting the appellant’s request for reversal or modification of the administrative authority’s determination.

The city council shall conduct a hearing on the appeal according to procedures established by the council. Said hearing shall be conducted at the earliest possible regularly scheduled council meeting, with final council action being taken on the appeal within 60 days after its initial filing. [Amended during 2011 codification; Ord. 433 § 25, 1994].

13.10.260 Review and revision of rates.

The sewer user charge shall, as a minimum, be reviewed annually by the city council of the city of Pilot Rock and revised periodically to reflect actual costs of operation, maintenance, and replacement of the treatment works and to maintain the equitability of the user charge with respect to proportional distribution of the costs of operation and maintenance in proportion to each user’s contribution to the total wastewater loading of the treatment works. In conjunction with annual review of sewer user charges, the administrative authority shall review and revise as appropriate the schedule of measured or estimated sewage parameters applicable to the customer class. [Ord. 433 § 26, 1994].

13.10.270 Method of payment.

All service fees and charges shall be paid as follows:

(1) Sign the water and sewer service agreement.

(2) Sewer service charges shall be payable upon billing.

(3) The person who applies for service shall be required to make a deposit at the time service is requested. [Amended during 2011 codification; Ord. 433 § 27, 1994].

13.10.280 Enforcement.

(1) City water and/or sewer (if water is not served) shall be turned off for failure to pay the sewer charge herein provided. In the event of water turn-off for failure to pay water or sewer charges, the water shall not again be furnished to the premises until all outstanding obligations for water and sewer charges to the premises have been paid in full. If any assessments and charges are not paid when due, the city may use all available legal means to collect the assessments and charges. Interest may accrue at the statutory rate from the date due until paid.

(2) Any charge due hereunder, if not paid when due, may be recovered in an action of law by the city of Pilot Rock, in a court of competent jurisdiction, and the city of Pilot Rock shall be allowed as costs a reasonable amount to be fixed by the court as attorney fees, for the prosecution of that action.

(3) Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid and the cause for discontinuance of service corrected. [Amended during 2011 codification; Ord. 433 § 28, 1994].

13.10.290 Rates, fees and charges – Policy guidelines.

(1) Charges Imposed. There are hereby imposed upon all persons having a connection with the sewer system of the city of Pilot Rock, Oregon, within the corporate limits of said city, and upon all subsequent users, just and equitable charges for service, maintenance, operation, replacement and expansion of the sewage system. The charges will be reviewed annually and amended as necessary by resolution of the city council.

(2) Payment of Sewer Charges. Every person subject to a charge hereunder shall pay the same when due to the city of Pilot Rock.

(3) Sewer Charges – Penalty for Nonpayment. Late payment fees and penalties will be determined by city council resolution. [Amended during 2011 codification; Ord. 433 § 29, 1994].

13.10.300 Notification.

Deleted during 2011 codification. [Ord. 433 § 30, 1994].

13.10.310 Sewer fund – Use.

(1) The administrative services director is hereby directed to deposit in the sewer fund or sewer debt fund all of the gross revenues received from charges, rates and penalties collected for the use of the sewerage system as herein provided. The revenues thus deposited in the sewer fund shall be used exclusively for the operation, maintenance, and repair of the sewerage system, reasonable administration costs, expenses of collection of charges imposed by this chapter and payments of the principal and interest on any debts of the sewerage system of the city of Pilot Rock.

(2) An equipment replacement fund shall be established using accounting procedure, and each year money from the sewer rate revenue shall be set aside for equipment replacement. [Ord. 433 § 31, 1994].

Article IV. Industrial Discharger and Other Prohibited Discharges

13.10.320 Declaration of policy.

It is the policy of the city of Pilot Rock to provide the planning, engineering and administration necessary to develop and manage sewer facilities that are adequate for the transportation, treatment and disposal of wastes from within and without the city and to operate the sewer system in a manner which protects public health and the environment. In carrying out this policy, the objectives of this article are:

(1) To prevent pollutants from entering the sewer system which will interfere with its normal operation or contaminate the resulting sludge;

(2) To protect the health of the city employees working in the city sewer district collection system and at the wastewater treatment plant;

(3) To prevent the introduction of pollutants into the sewerage system which will not be adequately treated and will pass through into the environment; and

(4) To improve the opportunity for recycling and reclamation of wastewater and sludge.

It is the intent of the city to provide needed sewer service to all users while meeting the outlined objectives. This article provides the structure by which the service will be provided for industrial waste so that the system is protected and can continue to provide efficiently for the waste treatment needs of the city. [Ord. 433 § 32, 1994].

13.10.330 Prohibited practices.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the city of Pilot Rock, or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste. It shall be unlawful to discharge into any outlet within the city any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. [Ord. 433 § 33, 1994].

13.10.340 General discharge prohibitions.

No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the authority:

(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substance which the authority, the state or USEPA has notified the user is a fire hazard or a hazard to the system.

(2) Any 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, shredded 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 dusts, 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, fruit peelings and cores from canneries and packing plants, cull fruits and vegetables, fruit and vegetable pits.

(3) Any wastewater having a pH less than 6.0 or greater than 9.0 unless the treatment works is specifically designed to accommodate such wastewater, or wastewater having any corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the city.

(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in categorical pretreatment standards.

(5) Any noxious or malodorous liquids, gases or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

(6) Any substance which may cause the POTW’s effluent or treatment residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act: any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state standards applicable to the sludge management method being used.

(7) Any substance which may cause the POTW to violate its NPDES and/or other disposal system permits.

(8) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(9) Any wastewater having a temperature which may inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the POTW treatment plant is designed to accommodate such temperature. If, in the opinion of the authority, lower temperatures of such wastes could harm either the sewers, sewage treatment processes or equipment; have an adverse effect on the receiving streams or otherwise endanger life, health, or property; or constitute a nuisance, the authority may prohibit such discharges.

(10) Any slug load, which shall mean any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW. In no case shall a slug load contain concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities or flow during normal operation.

(11) Any unpolluted water including, but not limited to, noncontact cooling water, surface run-off, ground water, roof runoff, or unpolluted industrial process water.

(12) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the administrative authority in compliance with applicable state or federal regulations.

(13) Any wastewater which, in the opinion of the administrative authority, can cause harm either to the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless permitted under special agreement by the administrative authority (except that no special waiver shall be given from categorical pretreatment standards).

(14) Wastewater containing substances 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 other agencies having jurisdiction over discharge to the receiving waters or wastewater which contains substances that cannot be treated economically.

(15) Any solids or hazardous waste from septic tanks except as provided in Article V of this chapter. [Ord. 433 § 34, 1994].

13.10.350 Storm water.

Storm water and all other unpolluted drainage shall be discharged to storm sewers as approved by administrative authority, or to a natural outlet when such discharge has been approved by the Oregon Department of Environmental Quality. Industrial cooling water or unpolluted process waters shall be discharged, on approval of the administrative authority, to a storm sewer or natural outlet approved by the Oregon Department of Environmental Quality. [Ord. 433 § 35, 1994].

13.10.360 Limitations on wastewater strengths.

(1) National Categorical Pretreatment Standards. National categorical pretreatment standards, as promulgated by the U.S. Environmental Protection Agency (USEPA) pursuant to the Act and as adopted by the city, shall be enforceable by this article and shall be met by all dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the Regional EPA Administrator by the city, when the city’s wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.

(2) State Requirements. State requirements and limitations on dischargers to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or any other applicable ordinance.

(3) Right of Revision. The city reserves the right to amend this article to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in PRMC 13.10.320.

(4) Dilution. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the applicable standards set forth in this article. The city may impose mass limitations on dischargers which are using dilutions to meet the applicable pretreatment standards or requirements of this article, or in other cases where the imposition of mass limitations is deemed appropriate by the city.

(5) Local Limits. In addition to categorical pretreatment standards referenced in subsection (1) of this section, no discharger shall discharge wastewater containing concentrations (and/or mass limitations) of substances exceeding the local limits established by a resolution of the city council.

Wherever a discharger is subject to both a categorical pretreatment standard and a local limit for a given pollutant, the more stringent shall apply. [Ord. 433 § 36, 1994].

13.10.370 Accidental discharges.

As appropriate, dischargers shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this article. Where deemed necessary by the city, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger’s cost and expense. An accidental spill prevention plan (ASPP) showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The city shall determine which discharger is required to develop an ASPP and require said discharger to submit the ASPP within 60 days after notification by the city. Each discharger shall implement its ASPP as submitted after such ASPP has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article.

Dischargers shall notify the city (wastewater treatment plant) immediately upon the occurrence of a “slug” or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume and corrective actions. Any discharger who discharges slugs of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.

Signs shall be permanently posted in conspicuous places on discharger’s premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure. [Ord. 433 § 37, 1994].

13.10.380 Pretreatment.

Dischargers shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations, and ordinances. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, properly operated and maintained at the discharger’s expense. Detailed plans showing the pretreatment facilities shall be submitted to the city for review and must be acceptable to the city before construction of the facility. The review of such plans shall in no way relieve the discharger from the responsibility of modifying its facility or operations as necessary to produce an effluent acceptable to the city under the provisions of this article. Within a reasonable time after the completion of the wastewater pretreatment facility, the discharger shall furnish its operations and maintenance procedures for the city to review, and a copy of maintenance records to be reviewed annually by the city. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the city prior to the discharger’s initiation of the changes. [Ord. 433 § 38, 1994].

13.10.390 Fees.

It is the purpose of this section to provide for the payment of fees from dischargers to the city’s wastewater disposal system, to compensate the city for the cost of administration of the pretreatment program established herein. [Ord. 433 § 39, 1994].

13.10.400 Charges and fees.

If costs are incurred beyond operation through involvement with noncomplying dischargers, the city shall charge the noncomplying discharger for any monitoring, laboratory analyses, inspections, and/or surveillance required by federal pretreatment requirements. [Ord. 433 § 40, 1994].

13.10.410 Administration.

Wastewater dischargers shall comply with the terms of this article. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the city and/or to the POTW without having first complied with the terms established by administrative authority pursuant to this chapter or without having first obtained the city’s approval of a compliance schedule submitted by the discharger. [Ord. 433 § 41, 1994].

13.10.420 Wastewater discharge data disclosure.

(1) General Disclosure. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this section.

(2) Disclosure Forms. Significant industrial dischargers shall complete and file with the city a data disclosure declaration in the form prescribed by the city, and accompanied by the appropriate fee. Existing significant industrial dischargers shall file a disclosure form within 60 days after the notification by the city and proposed new source dischargers shall file a disclosure form at least a minimum of 90 days prior to connecting to the POTW. This data disclosure form satisfies the requirements of the baseline monitoring report as described in 40 CFR 403.12(b). The disclosure to be made by the discharger shall be made on written forms provided by the city and shall cover:

(a) Disclosure of name, address and location of the discharger.

(b) Disclosure of standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(c) Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this article, including standards contained in PRMC 13.10.340 and 13.10.360 as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the USEPA and contained in 40 CFR 136, as amended.

(d) Disclosure of time and duration of discharges.

(e) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variation, if any. All flows shall be measured unless other verifiable techniques are approved by the city due to cost or nonfeasibility.

(f) Disclosure of site plans, floor plans, plumbing plans, and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by size and location.

(g) Description of activities, facilities and plant processes on the premises, including all materials, MSDS, quantity, and locations which are or may be discharged to the sewers or works of the city and a brief description of the nature, average rate of production, and standard industrial classification of the operation.

(h) A statement regarding whether or not compliance is being achieved with this article on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this article.

(i) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, the discharger shall provide a compliance schedule consisting of a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.

(i) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction on and operation of additional pretreatment required for the discharger to comply with the requirements of this article including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this article.

(ii) Under no circumstance shall the city permit a time increment for any single step directed toward compliance which exceeds nine months.

(iii) Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the city, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the city.

(j) Disclosure of each product produced by type, amount, process or processes, and rate of production.

(k) Disclosure of the type and amount of raw materials utilized, including chemicals used in process which may be discharged to the sanitary sewer system, including MSDS sheets. (Average and maximum per day.)

(l) All disclosure forms shall be signed by a principal executive officer of the discharger and, when required by the city, a qualified engineer.

(m) Any pertinent special agreements between the discharger and the city concerning treatment of discharges, special user charges or rates, or any other information deemed necessary by the administrative authority.

(n) List of environmental control permits held by or for the facility. The city will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. The city may require inspection and sampling manholes and/or flow measuring or recording and sampling equipment to assure compliance with this article. Within 30 days after full evaluation and acceptance of the data furnished, the administrative authority shall notify the discharger of the city’s acceptance thereof through issuance of a wastewater discharge permit.

(3) Standards Modification. The city reserves the right to amend this article and the terms and conditions hereof in order to assure compliance by the city with applicable laws and regulations. All national categorical pretreatment standards adopted by the USEPA after the promulgation of this article shall be enforceable by the city through this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted a data disclosure form as required by this section, the discharger shall file a disclosure form with the city within 180 days after the promulgation of the applicable categorical pretreatment standard by the USEPA. In addition, any discharger operating on the basis of a previous filing of a data disclosure form shall submit to the city within 180 days after the promulgation of an applicable categorical pretreatment standard the additional information required by subsections (2)(h) and (i) of this section. If deemed necessary by the city, where categorical pretreatment standards are more stringent, the wastewater discharge permit will be modified. The discharger shall be informed of any proposed changes in this article at least 30 days prior to the effective date of change. Any changes or new conditions in this article shall include a reasonable time schedule for compliance.

(4) Wastewater Discharge Permit. The administrative authority shall issue each significant user a wastewater discharge permit, which will be based on information in the data disclosure form and include:

(a) Any fees and charges to be paid upon initial issuance.

(b) Limits on the average and maximum wastewater pollutant concentrations, loading, or characteristics.

(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(d) Requirements for installation and maintenance of inspection and sampling facilities.

(e) Special conditions as the city may reasonably require under particular circumstances of a given discharge.

(f) Compliance schedules.

(g) Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this article.

(h) Any special agreements the administrative authority chooses to continue to develop between the city and a discharger.

(i) Appropriate self-monitoring requirements including flow monitoring frequency and method, sampling frequencies, numbers, types, and standards for tests.

(j) Authorized points of discharge and regulated processes.

(k) Requirement for immediate notification to the city where self-monitoring results indicate noncompliance.

(l) Requirement to report a bypass or upset of a pretreatment facility.

(m) Requirement for the significant industrial user who reports noncompliance to repeat the sampling and analysis and submit analysis to the city within 30 days after becoming aware of the violation.

(5) Discharge Permit Duration. All wastewater discharge permits shall be issued for a five-year period subject to amendment or revocation as provided in this article. The permittee shall apply for reissuance of his/her permit within 90 days of its expiration.

(6) Limitations on Transfer. Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger without the prior written approval of the city or transferable to any other location. [Amended during 2011 codification; Ord. 433 § 42, 1994].

13.10.430 Reporting requirements for discharger.

(1) Final Compliance Report. Within 90 days following the date for final compliance by the discharger with applicable pretreatment standards and requirements set forth in this article or a wastewater discharge permit, or within 30 days following commencement of the introduction of wastewater into the POTW by a new source discharger, any discharger subject to this article shall submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger as defined in 40 CFR 403.12(i).

(2) Periodic Compliance Reports.

(a) Any discharger subject to a pretreatment standard set forth in this article, after the compliance date of such pretreatment standard, or in the case of a new source discharger, after commencement of the discharge to the city, shall submit to the city quarterly, unless required more frequently by the city, in the discharger’s wastewater discharge permit a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the applicable pretreatment standards hereto. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the city may accept reports of average and maximum flows estimated by verifiable techniques. The city, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of said reports on months other than those specified above.

(b) Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the city. If a discharger monitors any pollutants more frequently than required by the city, all monitoring results must be included in the periodic compliance reports. The frequency of monitoring by the discharger shall be as prescribed within the wastewater discharge permit. All analyses shall be performed in accordance with 40 CFR 136, or with any other test procedures approved by the Administrator of the USEPA. (Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the city of Pilot Rock or other parties and approved by the administrative authority.) [Ord. 433 § 43, 1994].

13.10.440 Monitoring facilities.

Each discharger shall provide and operate at the discharger’s own expense a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the city. Each monitoring facility shall be situated on the discharger’s premises, except where such a location would be impractical or cause undue hardship on the discharger, the city may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.

All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 60 days of receipt of wastewater discharge permit by discharger. [Ord. 433 § 44, 1994].

13.10.450 Confidential information.

Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.

When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 30-day notification is given to the discharger. [Ord. 433 § 45, 1994].

13.10.460 Emergency suspension of service and wastewater discharge permit.

The city may, after informal notice to the discharger (in writing, in person, or by telephone), order the suspension of the wastewater treatment service and revoke the wastewater discharge permit to a discharger when it appears to the city that an actual or threatened discharge:

(1) Presents or threatens an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment; or

(2) Threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by this article.

Any discharger notified of the city’s suspension order shall immediately cease all discharges. In the event of failure of the discharger to comply with the suspension order, the city may immediately take all necessary steps to halt or prevent any further discharge by such discharger into the POTW. The city shall have authority to physically cap, block or seal the discharger’s sewer line (whether on public or private property) in order to terminate service under this section.

The city shall have the right to enter upon the discharger’s property to accomplish the capping, blocking or sealing of the discharger’s sewer line. The city may also commence judicial proceedings immediately thereafter to compel the discharger’s specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater discharge permit and/or wastewater treatment service upon clear and convincing proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth in this section. All emergency suspensions of service shall be confirmed in writing to discharger as soon as possible and discharger shall be liable for all costs which the city may incur as a result of an emergency suspension. [Ord. 433 § 46, 1994].

13.10.470 Discharger prohibited conduct.

A discharger shall not:

(1) Fail to factually report accurately the wastewater constituents and characteristics of its discharge;

(2) Fail to report significant changes in wastewater constituents or characteristics;

(3) Refuse reasonable access to the discharger’s premises by representatives of the city for the purpose of inspection or monitoring; or

(4) Violate the provisions of the wastewater discharge permit or the provisions of this article, or any other guidelines of the city with respect thereto. The city may seek any and all of the remedies or penalties provided in this article (including termination of wastewater services and/or revocation of wastewater discharge permit) against any discharger who violates any of the prohibitions in this section. [Amended during 2011 codification; Ord. 433 § 47, 1994].

13.10.480 Notification of violation – Administrative adjustment.

Whenever the city finds that any discharger has violated the prohibitions in PRMC 13.10.470, the city shall cause to be served upon such discharger a written notice (either personally or by certified or registered mail, return receipt requested) stating the nature of the alleged violation or violations. The notice may also state what fine, penalty or other remedy the city will seek against the discharger for such alleged violation(s). Within 20 days of the date of receipt of the notice, the discharger shall respond personally or in writing or by certified or registered mail, return receipt requested, to the city, advising of its position with respect to the allegations. Thereafter, the discharger shall be given the opportunity to meet with representatives of the city to ascertain the veracity of the allegations, to establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof, and to pay the fine or otherwise comply with the penalty or remedy being sought by the city for the violation(s). Compliance schedules or corrective action plans will be contained in an administrative order issued by the city. [Ord. 433 § 48, 1994].

13.10.490 Show cause hearing.

Where the violation of PRMC 13.10.470 is not corrected by timely compliance through the administrative adjustment procedures set forth in PRMC 13.10.480, the city may order any discharger which suffers or permits a violation of PRMC 13.10.470 to show cause before the city or its duly authorized representative why the proposed enforcement action which may include service termination should not be taken. A written notice shall be served on the discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the city or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and direct the discharger to show cause before the city or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The information and evidence presented at the hearing shall be considered by the city or its designee, which shall then enter appropriate findings of fact, conclusion of law and orders with respect to the alleged violations of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law within 20 days to the city council, which may grant a hearing to take additional evidence or render its decision based upon the record of the show cause hearing proceedings. [Ord. 433 § 49, 1994].

13.10.500 Judicial proceedings.

Following the entry of any final order by the city with respect to the violation by a discharger of PRMC 13.10.470, the city may commence an action for appropriate legal and/or equitable relief in the appropriate local court to enforce the penalty or remedy imposed by the city hereunder. [Ord. 433 § 50, 1994].

13.10.510 Enforcement actions – Annual publication.

The city shall cause to be published annually in the largest daily newspaper published in the city a list of all significant dischargers which were the subject of enforcement proceedings pursuant to this article during the preceding 12 months whose violations remained uncorrected 45 or more days after notification of noncompliance; or which have exhibited a pattern of noncompliance over that 12-month period, or which involve failure to accurately report noncompliance. [Ord. 433 § 51, 1994].

13.10.520 Right of appeal.

Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the city on any matter covered by this article and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this article for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger’s request shall not stay pending enforcement proceedings pending. Appeal of any final judicial order entered pursuant to this article may be taken in accordance with local and state law. [Ord. 433 § 52, 1994].

13.10.530 Operating upsets.

Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this article shall inform the city thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the city within five days. The report shall specify:

(1) Description of the upset, the cause thereof, and the upset’s impact on the discharger’s compliance status.

(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.

(3) All steps taken or to be taken to reduce, eliminate and prevent occurrence of such an upset or other conditions of noncompliance.

A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the city against the discharger for any noncompliance with this article which arises out of violations alleged to have occurred during the period of the upset. [Ord. 433 § 53, 1994].

13.10.540 Civil penalties.

Any discharger who violates an order of the city, or who fails to comply with (1) any provision of this article, or (2) any regulation, rule, or permit of the city, issued pursuant to this article, shall be liable to the city for a civil penalty. The amount of such civil penalty shall be not more than $1,000 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. Such penalties may be collected by judicial actions commenced by the city as provided in PRMC 13.10.500. In addition, the city may commence an action to terminate the discharger’s wastewater treatment service. [Ord. 433 § 54, 1994].

13.10.550 Recovery of cost incurred by the city.

Any discharger violating any of the provisions of this article who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the city’s wastewater disposal system shall be liable to the city for any expense, loss or damage caused by such violation or discharge. The city shall, by order, bill the discharger for the cost incurred by the city for any cleaning, repair or replacement work caused by the violation or discharge and for cost incurred by the city in investigating the violation and in enforcing this chapter against the discharger, including reasonable administrative costs, fees for testing, attorney fees, court cost, and all expenses of litigation. Refusal to pay the assessed costs shall constitute a violation of this article. [Ord. 433 § 55, 1994].

13.10.560 Falsifying information.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report and plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall (in addition to civil and/or criminal penalties provided by state law) be in violation of this chapter which shall be punishable as provided for in PRMC 13.10.540 upon conviction. [Ord. 433 § 56, 1994].

Article V. Septic Tank Haulers

13.10.570 Discharge from septage haulers.

Septage haulers shall be prohibited from discharging waste with any of the characteristics identified in PRMC 13.10.330 at the Pilot Rock wastewater treatment plant. Additionally, septage haulers are prohibited from discharging any nondomestic wastes which include but are not limited to waste from industrial holding tanks, gravel traps or grease traps. The city may perform random sampling without prior notice to haulers to determine the contents of the septage discharge. [Ord. 433 § 57, 1994].

13.10.580 Septage hauling permit required – Application.

There is hereby created a permit for septage haulers. All septage haulers who intend to discharge septage to the wastewater treatment plant shall be required to complete a septage hauler’s permit application on a form provided by the city of Pilot Rock. The permit shall be issued by the public works supervisor. [Ord. 433 § 58, 1994].

13.10.590 Conditions of permit.

The septage hauler shall provide documentation concerning the name and origin of the waste being discharged. The hauler will provide the name and address of the customer, the type of waste proposed to be discharged into the wastewater treatment plant, the approximate volume to be discharged into the plant and any other information that might be required by the public works supervisor. [Ord. 433 § 59, 1994].

13.10.600 Manifest required.

The septage hauler shall complete, prior to discharge in the wastewater treatment plant, a manifest in a form approved by the wastewater treatment plant supervisor and supplied by the wastewater treatment plant. [Ord. 433 § 60, 1994].

13.10.610 Times and location of discharge.

Septage haulers shall discharge septage waste at the wastewater treatment plant and at no other location. Hours for receiving waste shall be between 6:00 a.m. and 2:30 p.m., Monday through Friday excluding holidays. [Ord. 433 § 61, 1994].

13.10.620 Fees.

The city will charge fees based upon the capacity of the vehicle waste tank and not the actual volume contained in the tank for each load. The fees shall be determined and may be revised by resolution of the city council. [Ord. 433 § 62, 1994].

Article VI. Penalties and Conflicts

13.10.630 Penalties.

Persons violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation, and an action or suit in the name of the city may be instituted against such persons for the recovery of such expense, loss or damage; and the same may be undertaken in addition to other penalties imposed under the provisions of this chapter. [Amended during 2011 codification; Ord. 433 § 63, 1994].

13.10.640 Conflict and inconsistent agreements.

All other ordinances and parts of other ordinances inconsistent or in conflict with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict. The user charge system shall supersede over any terms or conditions of agreements or contracts which are inconsistent with the requirements of state or federal regulatory acts which affect this chapter. [Ord. 433 § 64, 1994].