Chapter 13.40
SEWER USE PROVISIONS*
Sections:
13.40.020 Use of public sewers required.
13.40.030 Private sewage disposal.
13.40.050 Building sewers and connections.
13.40.060 Use of the public sewers.
13.40.070 Infiltration and inflow.
13.40.080 Protection from damage.
13.40.090 Powers and authority of inspectors.
*Code reviser’s note: The previous ordinance to set out Chapter 13.40, Ordinance 349, was repealed by Ordinance 434. This chapter remains in the code, as set out by Ordinance 349, as a placeholder until Ordinance 349 has been officially readopted and Chapter 13.40 revived, as is the city’s intent.
13.40.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.
“Building sewer” means the extension from the building drain to the public sewer or other place of disposal.
“Cooling water” means the water discharged from any use (such as air conditioning, cooling or refrigeration) to which the only pollutant added is heat.
“F.O.G.” means fats, oils and grease.
“Food preparation facility” means any establishment where foodstuffs are prepared, mixed, cut, baked, cooked or packaged for human consumption.
“Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
“Industrial waste” means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
“Infiltration” means that water other than sewage which enters the sewer system from the surrounding soil, typically from broken pipes, or defective joints in pipe and manhole walls.
“Inflow” means water from storm water runoff which directly enters the sewerage system only during or immediately after rainfall. Typical points of entry include connections with roof and area drains, storm drain connections, and holes in manhole covers in flooded streets.
“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the municipal waste water system, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the WPCF permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, 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 Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
“Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
“Pass through” means a discharge which exits the treatment plant effluent into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's WPCF permit (including an increase in the magnitude or duration of a violation).
“Person” means any individual, firm, company, association, society, corporation, group, or any other legal entity, including all federal, state, or local governmental entities.
“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food 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.
“Public sewer” means a sewer controlled by the city to which all owners of abutting properties shall have equal rights to make connection and to use, subject to rules, regulations, code provisions and ordinances of the city.
“Sanitary sewer” means a sewer which carries sewage and to which storm, surface and ground water is not intentionally admitted.
“Sewage” means a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm water as may be present. The term “sewage” means waste water.
“Sewer” means a pipe or conduit for carrying sewage.
“Shall” is mandatory; “may” is permissive.
“Slug” means any pollutant (including BOD) released in a nonroutine, episodic, or noncustomary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in SMC 13.40.060.
“Storm sewer” (sometimes termed “storm drain”) means a sewer designed to carry only storm waters, surface runoff, street wash waters and drainage.
“Superintendent” means the superintendent of sewage works of the city of Sisters or his authorized deputy, agent, or representative.
“Suspended solids” means 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.
“Treatment plant” means any arrangement of devices and structures used for treating sewage.
“Treatment works” means all facilities for collecting, pumping, treating, and disposing of sewage. “Treatment system” shall be an equivalent term for “treatment works.”
“User” means any person who contributes, or causes or allows the contribution of, sewage or industrial waste water into the municipal treatment works, including persons who contribute such wastes from mobile sources.
“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 349 § 1, 2004; Ord. 327 § 1, 2001; Ord. 319 § 1, 2001; Ord. 290 § 1, 1999. Code 2002 § 13.50.010].
13.40.020 Use of public sewers required.
(1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.
(2) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(3) Except as provided in SMC 13.40.030, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal and treatment of sewage.
(4) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer of the city, is required at his/her expense to install suitable toilet facilities. Connection shall be made directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so; provided, that said public sewer is within 1,000 feet of the property line.
The city council, in its sole discretion, may allow a property owner to defer the connection requirement under the following circumstances. A property owner may apply to the city to defer the connection requirement for a period of time not to exceed 24 months under the following conditions:
(a) The property owner signs and permits to be recorded against the subject property a sewer connection agreement in a form acceptable to the city.
(b) The property is subject to one or more of the following:
(i) Owner intends to redevelop the property within 24 months and the required extension and connection would be inconsistent with the anticipated redevelopment; or
(ii) The property would require no more than one EDU and the anticipated cost to extend the sewer line and/or lateral is greater than four times the current sewer SDC; or
(iii) The current use of the property serves an identifiable public purpose and that requiring immediate connection to the sewer system would result in the termination of the operations on the property and resulting loss to the public; or
(iv) There is a current valid DEQ septic permit (other than a temporary or conditional permit) and the owner has installed or rebuilt the septic system within the prior 24 months. [Ord. 349 § 2, 2004; Ord. 327 § 2, 2001; Ord. 319 § 2, 2001; Ord. 290 § 2, 1999. Code 2002 § 13.50.020].
13.40.030 Private sewage disposal.
(1) Where a public sanitary sewer is not available under the provisions of SMC 13.40.020, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(2) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the Oregon Department of Environmental Quality (DEQ) or its authorized agent.
(3) At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in SMC 13.40.020, a direct connection shall be made to the public sewer, and any septic tanks, cesspools, and similar private sewage disposal facility shall be abandoned in accordance with state law at no expense to the city.
(4) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city.
(5) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by DEQ. [Ord. 349 § 3, 2004; Ord. 327 § 3, 2001; Ord. 319 § 3, 2001; Ord. 290 § 3, 1999. Code 2002 § 13.50.030].
13.40.040 Hauled wastewater.
Septic tank waste (septage) shall not be received into the municipal treatment works or collection system. [Ord. 349 § 4, 2004; Ord. 327 § 4, 2001; Ord. 319 § 4, 2001; Ord. 290 § 4, 1999. Code 2002 § 13.50.040].
13.40.050 Building sewers and connections.
(1) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
(2) There shall be two classes of building sewer permits: (a) for residential and commercial services, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agency shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee (which will be set by resolution) shall be paid to the city at the time the application is filed.
(3) All costs and expense incident to the installation of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation.
(4) A separate and independent building sewer shall be provided for every building. However, 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, the building sewer from the front building may be extended to the rear building. Separate services shall be required for land partitioned into separate tax lots.
(5) Existing building sewers should normally be replaced. Alternatively, a cleanout may be installed near the building foundation and the building sewer may be tested. Old building sewers may be used in connection with new buildings or new building sewers only when they are found, on examination and testing by the engineer, to meet all requirements of this chapter.
(6) The size, slope, alignment, and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials (ASTM) and/or the Water Pollution Control Federation (WPCF), Manual of Practice No. 9, shall apply.
(7) The building sewer shall be brought to the building at an elevation below the basement floor whenever possible. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(8) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.
(9) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
(10) The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his authorized representative.
(11) All excavations for building sewer installation shall be adequately guarded with barricades 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 in a manner satisfactory to the city.
(12) The city will be responsible for all public sewers (mainlines) throughout the city. All property owners will be responsible for the sewer service laterals from the public sewer (mainline) to the building. [Ord. 349 § 5, 2004; Ord. 327 § 5, 2001; Ord. 319 § 5, 2001; Ord. 290 § 5, 1999. Code 2002 § 13.50.050].
13.40.060 Use of the public sewers.
(1) Prohibited Discharges. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or waste water which will cause interference or pass through. These general prohibitions apply to all users of the municipal treatment system whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. Furthermore, no user may contribute the following substances to the system:
(a) 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 municipal treatment system. Included in this prohibition are waste streams with a closed cup flash point of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods prescribed in 40 CFR 261.21.
(b) Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one-half inch (1.27 centimeters) in any dimension.
(c) Any fat, oils or greases, including but not limited to petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
(d) Any waste water having pH less than 5.5 or more than 10.0, or which may otherwise cause corrosive structural damage to the system, city personnel or equipment.
(e) Any waste water containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal treatment system, any waste water treatment or sludge process, or constitute a hazard to humans or animals.
(f) Any noxious or malodorous liquids, gases, or solids or other waste water which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for maintenance and repair. This includes dissolved hydrogen sulfide concentrations exceeding 0.1 mg/l.
(g) Any substance which may cause the treatment plant effluent or any other residues, sludge, or scum to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the city to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Clean Water Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other state requirements applicable to the sludge use and disposal being used by the city.
(h) Any waste water which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life.
(i) Any waste water having a temperature greater than 150 degrees Fahrenheit (55 degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case waste water which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius).
(j) Any waste water containing any radioactive waste or isotopes except as specifically approved by the superintendent in compliance with applicable state or federal regulations.
(k) Any pollutants which result in the presence of toxic gases, vapor or fumes within the system in a quantity that may cause worker health and safety problems.
(l) Any trucked or hauled pollutants.
(m) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial waste water, unless specifically authorized by the superintendent. (Note: Certain of these waters may require an NPDES permit from DEQ if discharged to a storm sewer or natural outlet.)
(n) Any sludge, screenings, or other residues from the pretreatment of industrial wastes.
(o) Any medical wastes, except as specifically authorized by the superintendent in a waste water permit.
(p) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal treatment system.
(q) Any waste water causing the treatment plant effluent to demonstrate toxicity to test species during a bio-monitoring evaluation.
(r) Recognizable portions of the human or animal anatomy.
(s) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal treatment system.
Wastes prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal treatment system.
(2) Federal Categorical Pretreatment Standards. Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter I, Subchapter N, Parts 405 through 471 and incorporated herein.
(3) State Requirements. Users are required to comply with applicable state pretreatment standards and requirements set out in OAR Chapter 340. These standards and requirements are incorporated herein.
(4) Specific Pollutant Limitations. No nonresidential user shall discharge waste water containing restricted substances into the municipal treatment system in excess of limitations specified in its waste water discharge permit or published by the superintendent. The superintendent may publish and revise from time to time standards for specific restricted substances.
At his discretion, the superintendent may impose mass limitations in addition to or in place of the concentration based limitations referenced above.
(5) If any waste water is discharged or is proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above and which in the judgment of the superintendent may have a deleterious effect upon the treatment works, processes, equipment, or receiving waters, or which may otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges.
If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.
(6) Where preliminary treatment or flow-equalizing facilities are provided for any waste water, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.
(7) Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. However, such interceptors shall not be required for private residences. All interceptors shall be of a type and capacity approved by the superintendent and shall be located so as to be readily and easily accessible for cleaning and inspection.
(a) Maintenance. A food particle trap shall precede installation of grease trap in food preparation facilities. Food particle traps are designed to catch food and any other putrescible solids from entering the grease trap. Food particle traps shall be emptied not less than daily or on an “as needed” basis to prevent the backup of the waste water entering the grease trap.
For grease traps this shall require not less than bimonthly cleaning of the grease trap or as required to prevent flow through of grease into the sewage collection system. Grease trap lid shall be removed and the accumulated grease and fats shall be strained/scooped from the grease trap and disposed of with the solid waste (garbage) or other approved grease recycle method.
The city of Sisters, or its agents, shall conduct random grease trap inspections. Inspections are designed to prevent the flow through of F.O.G. into the sewage collection system. Inspections shall be conducted on a quarterly basis (or as needed based on history of the establishment) and will be unannounced and performed randomly. Inspector shall be granted access to the grease trap location immediately upon arrival. Failure to grant immediate access to the grease trap shall be punishable by a fine of not less than $300.00 per day until the inspector is granted access.
(b) Inspection Process for Grease Traps. Inspector will verify all the following:
(i) The food particle trap is in place and in use and is being cleaned regularly;
(ii) The snorkel for the grease trap is installed, maintained and functioning properly;
(iii) The lid of the grease trap is easily accessible and easily removable and that no equipment has been installed or placed over or around the grease trap that would, in the opinion of the agent, hinder the easy access to maintain the grease trap;
(iv) The accumulated F.O.G. in the trap does not exceed 33 percent of the freeboard depth of the middle compartment of the grease trap (as measured using a measuring stick);
(v) The facility has a written grease trap maintenance policy that states how often the trap is cleaned, and that the accumulated F.O.G. in the trap is disposed of in the garbage or other approved grease and oil recycling chamber.
(c) Grease Inceptors. Grease inceptors are required to be pumped not less than quarterly or as needed to prevent flow through of F.O.G. If a random inspection shows an accumulation of more than 33 percent of the freeboard volume, the following penalties shall apply:
Failure to meet any one of the above minimum maintenance standards shall result in a fine of not less than $250.00, plus the cost of labor and materials required to correct the problem. Labor shall be calculated to the nearest one-half hour.
(8) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with 40 CFR Part 136 or, if 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the Environmental Protection Agency (EPA), DEQ and the city.
Except as indicated below, waste water samples collected for purposes of determining compliance with standards and requirements of this chapter must be obtained using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the superintendent may authorize the use of time proportional or grab sampling.
Samples for fats, oil and grease (F.O.G.), temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.
(9) No statement contained in this chapter shall be construed to prohibit an agreement between the city and any person whereby a discharge of unusual strength or character may be accepted by the city for treatment. Such an agreement may be made when, in the opinion of the superintendent, special circumstances justify such agreement; provided, that no interference or pass through results from the discharge and no additional costs are incurred by the city without recompense by the person. Federal and state pretreatment standards and requirements shall not be waived by any special agreement of the parties. [Ord. 349 § 6, 2004; Ord. 327 § 6, 2001; Ord. 319 § 6, 2001; Ord. 290 § 6, 1999. Code 2002 § 13.50.060].
13.40.070 Infiltration and inflow.
(1) 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.
(2) All such situation properties shall be provided a 60-day grace period in which to correct the infiltration and inflow problems as identified, said 60-day grace period to extend from the date of notification.
(3) By the end of the 60-day grace period, each property owner shall notify the city that corrective actions have been taken or are in progress, which actions shall be specified in the notification to the city.
(4) A property owner failing to notify the city of corrective actions prior to the end of the 60-day grace 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.
(5) 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 grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance, that the city shall have the right to abate such public nuisance, and to enter upon any private property within the city for such purpose and shall assess the cost of such abatement as a lien against the property upon which such continuing infiltration and inflow occur and shall assess the cost of such abatement to the property upon or from which infiltration and inflow occur. Such assessment shall be levied by the filing of a statement of such costs together with the description of the property or properties to be assessed, together with the names of the owner(s) thereof, with the city recorder, whereupon the city recorder shall forthwith enter such assessment as a lien against such property in the city lien docket of the city. An administration fee of 100 percent of the cost, whichever is greater, shall be charged and collected by the city in addition to all costs of abatement. (Note: If liens fall under Ballot Measure 5, assess penalty in some other form.) [Ord. 349 § 7, 2004; Ord. 327 § 7, 2001; Ord. 319 § 7, 2001; Ord. 290 § 7, 1999. Code 2002 § 13.50.070].
13.40.080 Protection from damage.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. [Ord. 349 § 8, 2004; Ord. 327 § 8, 2001; Ord. 319 § 8, 2001; Ord. 290 § 8, 1999. Code 2002 § 13.50.080].
13.40.090 Powers and authority of inspectors.
The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Industrial users shall allow the superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of additional duties.
(1) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, and U.S. EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) The city, state, and U.S. EPA shall have the right to set up or require installation of, on the industrial user's property, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) The city may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure waste water flow and quality shall be calibrated periodically to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the superintendent and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
(5) Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this chapter. [Ord. 349 § 9, 2004; Ord. 327 § 9, 2001; Ord. 319 § 9, 2001; Ord. 290 § 9, 1999. Code 2002 § 13.50.090].
13.40.100 Enforcement.
(1) Any person found to be in violation of this chapter, or any permit or condition issued pursuant to this chapter, shall be served by the city with written notice stating the nature of the violation. This notification may contain additional requirements or conditions, including schedules of compliance, determined to be necessary by the city to correct the violation(s). This notice shall be in addition to, and in no way limit, any additional enforcement actions which the city deems necessary.
(2) The city may suspend the waste water treatment service and/or a waste water permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or to the environment, causes interference to the POTW or causes the city to violate any condition of its WPCF permit.
Any person notified of a suspension of the waste water treatment service and/or the waste water permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the waste water treatment service upon proof of the elimination of the noncomplying discharge.
(3) If any person discharges sewage, industrial wastes or other wastes into the city's waste water disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in a court of competent jurisdiction.
(4) Any person who is found to have violated any provision of this chapter, its waste water discharge permit, or an order of the city shall be liable to the city for a civil penalty of not less than $100.00 nor more than $1,000 for each day of each violation, except fines shall be as stated in SMC 13.40.060(7)(a), (b), and (c). In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. [Ord. 349 § 10, 2004; Ord. 327 § 10, 2001; Ord. 319 § 10, 2001; Ord. 290 § 10, 1999. Code 2002 § 13.50.100].