Chapter 13.12 SEWER SERVICE SYSTEM

“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended through the effective date of the ordinance codified in this chapter.

Authorized Representative of Nonresidential User. An “authorized representative of a nonresidential user” shall be:

1. A president, vice-president, secretary or treasurer in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, if the nonresidential user is a corporation;

2. A general partner or proprietor if the nonresidential user is a partnership or proprietorship, respectively; or

3. A duly authorized representative of the individual designated in subdivision (1) or (2) above, provided the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates or a position of equivalent responsibility or having overall responsibility for environmental matters for the company, is made in writing by an individual designated in subdivision (1) or (2) above, and such authorization is provided to the city prior to or together with any reports signed by an authorized representative as provided in 40 CFR 403.12(1) or required by the city manager.

“Biochemical oxygen demand, five-day (BOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Celsius, expressed in milligrams per liter (mg/L); EPA method 405.1.

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

“Building inspector” means the person authorized to issue building permits and inspect sewer installations for proper compliance with all ordinances, rules and regulations.

“Building sewer” means the extension from the building drain which conveys wastewater from the premises of the users to the public sewer system.

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405 to 471, incorporated herein by reference.

“CFR” means the referenced Code of Federal Regulations provision.

“City” means the city of Sutherlin, Oregon.

“City manager” means the city manager of the city as defined by the city’s Charter, or the city manager’s designee.

“City sewerage system” means a treatment works as defined by Section 212 of the Act, which is owned by the city. This definition includes any devices or systems used in the storage, treatment, recycling and reclamation of municipal sewage or nonresidential wastes of a liquid nature. It also includes, but is not limited to: sewers, pipes, pumps, structures and appurtenances only if they are used to convey wastewater to the sewage treatment plant.

“Claim” means any demand, claim, action, arbitration, or other adversarial proceeding that is asserted, filed, prosecuted, or appealed by any person and any resulting damages, judgments, attorney fees, litigation costs, arbitration costs, and other expenses and liabilities.

“Combined sewer” means a sewer receiving both surface runoff and sewage.

“Constituent” means any pollutant regulated by this chapter or by any permit issued pursuant to this chapter, or any volume discharge limits established by a permit issued pursuant to this chapter.

“Contractor” means a construction contractor who is licensed by the Oregon Construction Contractor’s Board and who is qualified to perform work governed by this chapter.

“Control authority” refers to the city, city manager or director of public works as designated by city through ordinance.

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

“Department of Environmental Quality” or “DEQ” means the Oregon Department of Environmental Quality or where appropriate, the term or acronym may also be used as a designation for the director of the department or other duly authorized official or agent of the department.

“Director” means the director of public works for the city of Sutherlin. See “Public works director” or “Utilities director.”

“Discharge” means the introduction of pollutants into the city sewerage system from nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

“Discharge permit” means a wastewater discharge permit used by the city to control the discharge from industrial users.

“Domestic waste” means wastewater derived from ordinary living processes, free from process wastewater and which will permit satisfactory disposal without special treatment into the city sewerage system.

“EPA” means the United States Environmental Protection Agency.

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

“Grab sample” means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

“Industrial user” means any person which is a non-domestic source of discharge.

“Industrial wastes” means the liquid wastes from any nonresidential user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under the following divisions:

Division A: Agriculture, Forestry, and Fishing

Division B: Mining

Division D: Manufacturing

Division E: Transportation, Communications, Electric, Gas, and Sanitary Services

Division I: Services

A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic water or wastes from sanitary conveniences.

“Immediate” or “immediately” means as soon as reasonably possible but in no event longer than twenty-four (24) hours.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, either:

1. Inhibits or disrupts the city, its treatment processes or operations, or its sludge processes, use or disposal; or

2. Is a cause of a violation of any requirement of the city’s NPDES 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, or regulations promulgated by the city manager.

“Mobile waste hauler” means a person who, by contract or otherwise, collects wastewater, including domestic waste and septage waste, for transportation to and discharge into any portion of the city sewerage system.

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

“New significant nonresidential user” means any person discharging from any building, structure, facility or installation (source), 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 source if such standards are thereafter promulgated in accordance with that section, provided that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located; or

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

3. 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 the existing source should be considered;

4. Construction on a site at which an existing user 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 paragraphs (b) or (c) of this subdivision but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator:

a. Has begun, or caused to begin as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment, or

ii. Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment, or

b. 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 under this subdivision.

“NPDES permit” means a National Pollution Discharge Elimination System permit issued pursuant to ORS 468.740 and the Act.

“Parts per million (ppm)” means the number of pounds (or grams) of solute per million pounds (or grams) of solution. Same as mg/L for solutions of water.

“Pass through” means a discharge which exits the city sewerage system into waters of the United States or state 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 sewerage system or city’s NPDES permit (including an increase in the magnitude or duration of a violation.)

“Person” means any individual, partnership, joint-venture, firm, company, cooperative, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity. The masculine gender shall include the feminine and the singular shall include the plural.

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

Plumbing Inspector. See “Building inspector.”

“Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, agricultural wastes, biological wastes, radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt, certain characteristics of wastewater in excess of specified state, federal or local standards or NPDES permit limits.

“Pollution” means the alteration of the chemical, physical, biological or radiological state of water.

“Pretreatment” or “treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or alternation of the nature of pollutant properties in wastewater prior to or in lieu of discharging, or otherwise introducing such pollutants into the city’s sewerage system. The reduction or alternation may include industrial process charges, except as prohibited by 40 CFR 403.6(d), pursuant to 40 CFR 403.3(q).

“Pretreatment requirement” means any substantive or procedural requirement related to pretreatment, other than national pretreatment standards, imposed on an industrial user.

“Process wastewater” means water which, during manufacturing or processing, comes into contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct or waste product.

“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.

“Property owner” means any person who owns all or part of a fee simple absolute, defeasible fee, life estate, or purchaser’s interest under a land sale contract, individually, in tenancy by the entirety, or as a tenant in common.

“Public-owned treatment plant (POTW)” means that portion of the city sewerage system which is designed to provide treatment, including recycling and reclamation, of municipal sewage and nonresidential waste.

“Public works director” means the person authorized by city council to oversee all municipal infrastructure, which includes water, sanitary sewer, drainage and parks.

“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

“Residential user” means persons contributing only domestic sewage to the city sewerage system.

“Restricted substance” means pollutants listed in Section 13.12.290, or as prescribed by the city manager pursuant to Section 13.12.300.

“Sample” means any portion of wastewater representing a discharge, which may be a grab sample, or a composite of several samples representing the sewer discharge over a period of time.

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

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present.

Sewage Treatment Plant. See “Public-owned treatment plant.”

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

“Septage waste” means domestic waste extracted from a sewage containment system.

“Septic tank effluent pump (STEP) system” means a pressure sewer system that transports septic tank effluent to sanitary sewer by means of a pump.

“Shall” is mandatory. “May” is permissive.

“SIC number” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

“Significant industrial” or “nonresidential user” means any industrial user which:

1. Is subject to categorical pretreatment standards under 40 CFR. 403.6 and 40 CFR Chapter I, Subchapter N or rules promulgated by the city manager; or

2. Has significant amount of toxic pollutants in its wastewater, as determined by the city manager; or

3. Discharges an average of at least twenty-five thousand (25,000) gallons per day of wastewater (excluding domestic waste) in any period of twelve (12) consecutive calendar months; or

4. Discharges water, including wastewater which on any day in any period of twelve (12) consecutive calendar months constitutes at least five percent of the average daily dry weather hydraulic or organic capacity of the POTW; or

5. Is determined by the city manager to have a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standards.

“Slug load” means 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 fifteen (15) minutes more than five times the average twenty-four (24) hour concentration of flows during normal operation.

“Standards” means the limitations and requirements established by federal, state and local laws and regulations for discharges to the POTW.

“STEP system” means a septic tank effluent pumping system. A STEP system includes septic tanks, pumps, pump controls and other equipment, hardware, and components and improvements that are necessary for installation and operation of the system, except the building sewer.

“Storm drain” means a sewer (sometimes termed “storm sewer”) which carries storm-water runoff and other drainage waters from precipitation, and surface waters only.

“Superintendent” means the water and sewer superintendent of the city or his authorized deputy, agent or representative.

“System development charge (SDC)” means system development charges are assessed against new development to recover the costs incurred by the city which provides the capital facilities required to serve the new development.

“Total suspended solids (TSS)” means the total elements and compounds which float on the surface of, or are suspended in, wastewater and which are removable by laboratory filtration; EPA Method 160.2.

“Toxic pollutant” means any pollutant or combination of pollutants identified pursuant to Section 307 (33 U.S.C. 1317) and Section 502 of the Act or otherwise listed as toxic in regulations previously promulgated by the EPA, or as identified by the city manager.

“User” means any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the city sewerage system, including persons who contribute such waste sources from mobile waste haulers.

Utilities Director. See “Public works director.”

“Wastewater” means liquid or water-carried pollutants including any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged, flows or infiltrates into the city sewerage system.

“Wastewater discharge permit” means a permit issued pursuant to Section 13.12.390.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 924 § 1, 2001; Ord. 876 § 1.30, 1997)

13.12.020 Ownership of sanitary sewer system.

The city of Sutherlin owns, operates and maintains the city sanitary sewer system in behalf of the residents and commercial enterprises of the city. (Ord. 876 § 1.40, 1997)

13.12.030 Legal authority and implementation.

This chapter grants the city the legal authority to regulate and implement rules, codes, and regulations for proper operation of the city sewerage system as authorized by Oregon Revised Statutes (ORS). Proper operation includes, but is not limited to, establishing prohibitions and limitations on wastewater discharges, establishing standards for discharges, and for construction of facilities, providing for ordinance administration and enforcement, establishing fees, charges and cost recovery procedures, and establishing an effective date.

The city manager is authorized to promulgate such rules, codes and regulations as may be deemed necessary or proper to carry out the purposes or provisions of this chapter. Nothing in this chapter shall prevent the city manager from seeking judicial or governmental agency assistance to implement the purposes and provisions of this chapter. (Ord. 876 § 1.50, 1997)

13.12.040 Amendments.

The Sutherlin sanitary sewer ordinance may be amended, changed, repealed or added thereto, as authorized by ORS. (Ord. 876 § 1.60, 1997)

Article 2. Use of Public Sewers Required

13.12.050 Sanitary disposal required.

It is unlawful for any person to place, deposit, or permit to be deposited in any manner which results in unsanitary conditions on public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste. (Ord. 876 § 2.10, 1997)

13.12.060 Proper sewage discharge required.

It is unlawful to discharge to any natural outlet or storm drain within the city, or within the urban service area, any sewage or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 876 § 2.20, 1997)

13.12.070 Construction of sewage disposal facilities.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage within the corporate limits of the city. (Ord. 876 § 2.30, 1997)

13.12.080 Connection to city sewer required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the city and within three hundred (300) feet of and accessible to any public sanitary sewer is required, at his expense, to install suitable toilet facilities therein, and to connect such facilities directly with the public sewer. (Ord. 876 § 2.40, 1997)

13.12.090 City may require connection.

Whenever the public health or safety requires that any premises or building be connected to the sanitary sewer as provided in the preceding section, the utilities director shall serve upon the owner, agent or occupant of the premises a notice in writing, specifying the time within which such connection must be made, which time shall not be more than sixty (60) days from the date of service of such notice. If such owner, agent or occupant shall fail, neglect or refuse to connect the premises or building with the public sanitary sewer within the time specified in such notice, the city may make such connection and the cost thereof shall be assessed against the property so connected and the amount thereof shall become a lien upon the premises so connected. The city attorney is authorized, empowered and directed to collect the amount of the cost either by the foreclosure of the lien or by a suit against the owner or occupant of the premises, which suit shall be maintained in the name of the city as plaintiff in any court of competent jurisdiction. (Ord. 876 § 2.50, 1997)

Article 3. Building Sewers and Connections

13.12.100 Sewer permit required.

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 city, as described in Section 13.12.110. Furthermore, no person shall alter, relay or add to an existing building sewer that has been previously connected to the public sewer system without first obtaining a written permit from the city. (Ord. 876 § 3.10, 1997)

13.12.110 Building sewer permit types and costs.

There shall be two classes of building sewer permits: (a) for residential and commercial service; and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a 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 utilities director. A permit and inspection fee, as defined in Article 9 of this chapter, shall be paid to the city at the time the application is filed. (Ord. 876 § 3.20, 1997)

13.12.120 Permits to be displayed.

The permits from the city required under the terms of this chapter must be displayed in a conspicuous place at or near the work at all times during the performance of the work and until the inspection and acceptance by the city. It shall be the duty of the utilities director or other authorized city official in case they find any person engaged in the work of breaking ground for the purpose of making connection to a public or private sewer, to ascertain if such person has a permit from the utilities director’s office; and in the event that such person has no permit for making such connection, the work shall forthwith be stopped and not again resumed until a permit has been secured. (Ord. 876 § 3.30, 1997)

13.12.130 Proper installation required.

If any work done under a permit granted by the city is not in accordance with the provisions of this chapter, and if the installer doing the work shall refuse to construct properly and complete such work, notice of such failure or refusal shall be given to the installer stating the nature of the violation and providing a reasonable time for corrections thereof. The installer shall, within the period of time stated in such notice, correct and complete the work. In the event the work is not so corrected and completed within the stated time, the city may cause the work to be completed if, in its opinion, the failure constitutes a hazard to safety or health, and the cost of such work and any materials necessary therefore shall be charged to the installer and shall be payable by the installer immediately upon notice and demand thereof given to the installer. (Ord. 876 § 3.40, 1997)

13.12.140 Contractor’s license.

A person engaged in the business of making connections to a public sewer shall be licensed and bonded by the state of Oregon. An applicant shall be required to furnish a bond in an amount designated by the utilities director, for the purpose of guaranteeing the quality of the work and to protect the city against damage to the streets, alleys or sidewalks. Nothing in this section shall be construed to prohibit an individual property owner from constructing his own building sewer in compliance with the requirements of this chapter. (Ord. 876 § 3.50, 1997)

13.12.150 Separate building sewers required.

A separate and independent building sewer shall be provided for every building, except where a residential accessory building is developed on the same tax lot. Such new developments are not exempt from permit requirements and system development charges (SDCs). (Ord. 876 § 3.60, 1997)

13.12.160 Owner responsible for connection cost.

All costs and expense incident to the installation and connection 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 of the building sewer. (Ord. 876 § 3.70, 1997)

13.12.170 Connection fees.

Before any property that is to be serviced through the city sewerage system is connected to the system, the property owner shall pay to the city a connection fee. If the city sewer line does not already contain a “wye” in the sewer line so that it will necessitate breaking into the sewer line to make proper and appropriate connection, an additional fee will be charged as a “break-in fee.” In addition to the fees, when the city installs a sewer lateral from the sewer line to the property line, the property owner will pay to the city an additional sum. The payment will be made when the property owner requests the city to install the service. Fees discussed in this section are specified in Article 9 of this chapter. (Ord. 876 § 3.80, 1997)

13.12.180 Service to properties outside city limits.

The city is authorized to provide sewer service outside the corporate boundaries of the city and within the urban growth boundary. Before any property outside the corporate limits of the city and within the urban growth boundary is connected to the city sewerage system, the property owner must first receive council approval in addition to securing the necessary permits. Any sewer connection for commercial or industrial business operating, or intending to operate, outside the corporate city limits is prohibited, unless approval for such connection is specifically granted by the city council. (Ord. 876 § 3.90, 1997)

13.12.190 Standards for connection to public sewer.

The connection of the building sewer into the public sewer shall conform to the city’s standard specifications for street, water, storm drainage and sanitary sewer improvements, the requirements of the current building and plumbing codes or other applicable rules and regulations of the city, and with procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. Any deviation from the prescribed procedures and materials must be approved by the utilities director before installation. (Ord. 876 § 3.100, 1997)

13.12.200 Surface protection and restoration of excavations required.

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. All laws, regulations and standards of the state or county shall be complied with related to safety and protection of the area affected. (Ord. 876 § 3.110, 1997)

13.12.210 Requirements of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the utilities director to meet all requirements of this chapter. (Ord. 876 § 3.120, 1997)

13.12.220 Building sewer prohibitions.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 876 § 3.130, 1997)

13.12.230 Construction of sewers.

A. No person, other than the city or a sewer contractor licensed by the city, shall at any time cut into or damage any public sewer or connect to a “wye” on the public sewer.

B. The connection of the building sewer into the public sewer shall be made at a wye branch if available at a suitable location. The location and depth of wyes are on file with the city. The city does not guarantee the accuracy of the locations and depths.

C. Where no properly located “wye” branch is available for connection to the public sewer, the city shall direct the installer to construct a “wye” in the public sewer.

D. The first fitting at the connection with the public sewer and the building sewer shall be PVC tee, furnished by the owner. The tee branch shall extend vertically to within one foot of the finished ground surface and shall be sealed with an approved cap or plug. The riser shall be used for inserting a test plug for water testing of the building sewer and as an auxiliary cleanout. Backfilling around the riser shall be done in such a manner so as not to damage the pipe.

E. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

F. The size, slope, alignment, 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 Oregon State Plumbing Specialty Code, or other applicable rules and regulations of the city. In the absence of code provisions set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. Construction of sanitary sewers shall meet the state minimum requirements as defined by Oregon Administrative Rules 340-52 (Attachment A).

G. Pipes acceptable for sewers shall have approved rubber ring joints and are as follows:

Type of Pipe	Minimum Diameter	Pipe Specifications	Type of Joint	Joint Specifications
Cast iron water	4"	ANSI A 21.6 (Class 22)	Tyton joint	ANSI A 21.11
Cast iron soil pipe service weight bell and spigot	4"	ASTM A 74-72	Compression gasket	ASTM C-564-70
Cast iron soil pipe service weight hubless	4"	ASTM A 74-72	No hub connector	ASTM C-564-70
Polyvinyl chloride (PVC) pipe	4"	ASTM D 3034	Rubber gasket	ASTM D 1784
Polyvinyl chloride (PVC) pipe	6"	ASTM D 3034	Rubber gasket	ASTM D 1784
Abbreviations: ANSI — American National Standards Institute ASTM — American Society for Testing and Materials

H. Building sewers shall in no case be less than four inches in diameter. If the fall from the house to the “wye” is less than two percent the pipe must be not less than six inches in diameter. Building sewers shall be laid on not less than a grade of one percent or about one-eighth inches drop per foot and where possible have not less than four feet cover at the curb line, eighteen (18) inches at the property line and twelve (12) inches inside the property line.

I. The building sewer shall be laid at uniform grade and in straight alignment insofar as is possible. All changes in direction shall be made in accordance with the latest edition of the Oregon State Plumbing Specialty Code. No forty-five (45) degree or ninety (90) degree short radius elbows shall be used for changes in direction.

J. All building sewer pipes except PVC shall be bedded on four inches of 3/4-0 inch crushed rock on all sides; sewer pipes constructed of PVC shall be bedded with six inches of 3/4-0 crushed rock on all sides.

K. All joints and connections made in the building sewer shall be made watertight and gastight. (Ord. 876 § 3.140, 1997)

13.12.240 Inspection and testing of building sewers.

A. The applicant for the building sewer permit shall notify the utilities director when the building sewer is ready for inspection and connection to the public sewer. Approval of the building sewer by the building inspector shall be granted only after the building sewer is proven watertight at all points in accordance with the requirements described in the following section and/or the Oregon State Plumbing Specialty Code.

B. A hydrostatic test lasting thirty (30) minutes is required on all building sewers before connection to the public sewer or to the building drain. The test shall be performed in the presence of the building inspector. Building sewers shall be tested before backfilling by plugging the end of the building sewer at its point of connection with the public sewer and completely filling the building sewer with water from the lowest to the highest point thereof. Minimum head over the top of the pipe shall be two feet and the maximum allowable leakage shall be four gallons per hour per one hundred (100) feet of building sewer. (Ord. 876 § 3.150, 1997)

13.12.250 Water line crossings.

Parallel water and sewer lines wherever possible shall be laid at least ten feet apart horizontally. Where it is necessary for sewer and water lines to cross each other, the crossing shall be made at an angle of approximately ninety (90) degrees and the sewer shall be located three or more feet below the waterline if possible. All rules, regulations, and standards shall be met as set forth by the Oregon Heath Division in Oregon Administrative Rules 333-61. (Ord. 876 § 3.160, 1997)

13.12.260 STEP systems.

A. A STEP system may be permitted as an alternative to the standard sewer gravity system in accordance with this section, as well as the general requirements of this chapter, unless superseded by this section. No person shall construct a new STEP system; expand the area served by an existing STEP system; reconstruct or alter an existing STEP system; or connect a building sewer to an existing STEP system, except as allowed by this section.

B. The city will adopt and periodically update a specifications manual for STEP systems which contains technical specifications and construction standards for all new installations and extensions of existing systems. The specifications manual must conform to standards and guidelines adopted by the Oregon Department of Environmental Quality. The specifications manual shall require a STEP system to be designed and constructed so as to exclude infiltration and inflow of non-sewage wastewater.

C. The city will maintain ultimate control over design, equipment and materials selection, installation, operation and maintenance of STEP systems. The city will enter into one or more contracts with qualified contractors for supplying materials and equipment for STEP systems that conform to the city’s specifications and for installing STEP systems. The city also will maintain a list of approved sources of materials and equipment and a list of contractors who are qualified to install STEP systems in accordance with this section. A STEP system must use approved equipment and materials and be installed under a contract between the city and the installation contractor or under a discrete contract between a property owner and an approved contractor.

D. Installation of a STEP system is subject to the following conditions:

1. The owner of property that may be served by the STEP system shall submit an application to install the STEP system to the city manager in a form provided by the city. The property owner shall submit adequate plans and specifications with the application which conform to the standards and specifications required by the city in its specifications manual.

2. The property owner shall state in the application whether the STEP system is to be installed under a contract between the city and a contractor or a contract between the property owner and a contractor approved by the city. If the property owner elects to contract for installation directly, the application shall state that the property owner will defend and indemnify the city from any claims arising from the installation of the STEP system. If the city manager determines that the application conforms to the city’s requirements, the city manager may preliminarily approve the application in writing. Final approval will be subject to the property owner’s compliance with conditions stated in this section.

3. Upon receiving preliminary approval of the application, the property owner shall sign and acknowledge an easement agreement in a form provided by the city which grants to the city the right to enter upon the benefitted property to inspect, operate, repair, replace, and maintain the STEP system and to remove sludge. The easement agreement shall state that the STEP system is the sole property of the city. The easement agreement will allow the property owner to use the surface of the property for any purposes which will not interfere with the easement; provided, that the property owner does not construct any structures or other permanent improvements over any components of the STEP system. The easement agreement shall state that the city will not be responsible for any damage to landscaping which may result from exercising its rights under the easement agreement. The easement agreement must be delivered to the city manager prior to installation of the STEP system. The easement agreement will be recorded upon final approval of the STEP system.

4. If the property owner elects to have the city contract for installation of the STEP system, the city may require the property owner to pay a deposit to cover the cost of installation before the city proceeds with installation. Upon completion of the system, if the city manager determines that the STEP system conforms the provisions of this section, the specifications manual, and the terms of the preliminarily approved application, the city manager will accord final written approval of the application and accept the STEP system as part of the city sewerage system. If the cost of installation exceeds the amount of any deposit paid by the property owner, the property owner shall immediately reimburse the city for the difference. If the amount of any deposit paid by the property owner exceeds the cost of installation, the city may apply any difference to other amounts payable by the property owner under this chapter, and otherwise, the city will refund the difference to the property owner.

5. If the property owner elects to install a STEP system through a contract between the property owner and an approved contractor, the installation contract must be written and must incorporate the city’s specifications manual. The contract must be approved in writing by the city manager before work begins. The contract must provide that the city may intervene and stop work under the contract if the city manager determines that the work is not being performed in accordance with this chapter or the specifications manual. The city will not be a party to the contract and will not be obligated to pay the contractor for any work. The contract shall state that components of the STEP system are property of the city and will not be subject to any construction lien. All work performed under the contract will be subject to inspection and approval by the city.

6. If the property owner contracts for installation of the STEP system, upon completion of the work in accordance with this section, the property owner may request final approval of the system. If the city manager determines that the STEP system conforms to the provisions of this section, the specifications manual, and the terms of the preliminarily approved application, the city manager will accord final written approval of the application and accept the STEP system as part of the city sewerage system.

E. Upon final approval of the STEP system by the city, the city shall own, operate and maintain the system from the point of the inlet to the STEP septic tank. The city shall be responsible for all costs necessary to operate and maintain the STEP system, including, but not limited to, periodic maintenance, septage pumping, and all necessary repairs or capital improvements required to keep the STEP system in good working condition. The property owner shall provide electricity to operate the STEP system. The building sewer from the benefitted structure to the inlet of the STEP septic tank shall be owned and maintained by the property owner.

F. If a STEP system becomes inoperable because of failure of the property owner to pay the electrical costs for operating, repairing or maintaining the system, the manager may declare the property benefitted to be unfit for human habitation. At least five days prior to issuing such a declaration, the city shall send written notice to the property owner and the occupant, if different from the property owner. The property owner or occupant may request a hearing before the city manager prior to the issuance of such declaration. The decision of the city manager shall be final. All occupants shall have twenty-four (24) hours from the issuance of the declaration to vacate the premises. Premises shall remain uninhabited until the system is restored to operation and the city manager rescinds the declaration in writing.

G. No person, including the property owner or occupant, shall cover or obstruct access to the tank, or undertake any alteration or repair of a STEP system after it has been accepted by the city, or otherwise tamper with the STEP system or any of its components, without prior written approval from the city. Any damage caused to the STEP system by the property owner, the occupant or the agents or invitees of the property owner or occupant, will be repaired by the city at the property owner’s expense. In addition to these costs of repair, the city may impose any other penalties established by this chapter.

H. The city will establish a separate surcharge for operating a STEP system by resolution in order to recover all costs related to such system’s operational costs.

I. The city shall maintain sufficient records and inventory of parts satisfactory to DEQ as follows:

1. The city shall maintain an operations and maintenance manual for all STEP systems, and shall maintain adequate records of work performed on all installed STEP systems by lot number, tank number and address. The manual shall require an annual inspection of each tank and measurement of sludge depth; annual inspection and cleaning of pump filters; and sludge removal as needed.

2. The city shall maintain an adequate inventory of spare parts, including spare pumps, piping, electrical controls, and valves. Inventory requirements shall be specified in the operations and maintenance manual.

3. The city may contract with qualified suppliers and contractors to maintain the inventory required by this section and to provide maintenance and repairs to a STEP system.

J. If a STEP system results in foul odor or hydrogen sulfide levels above one ppm in the gravity-flow sewer, the city manager shall have odor control equipment installed and charge the property owner for the cost of materials and installation. (Ord. 924 § 2, 2001: Ord. 876 § 3.170, 1997)

13.12.270 Sewer main extensions.

A. It shall be the responsibility of the applicant or developer to provide adequate sewer main extensions for any proposed project within the city. All costs of installation of the extensions, including but not limited to engineering, materials and constructions, shall be borne by the developer. In those instances where the extension(s) directly benefit adjacent properties, the developer may request a sharing of the costs with the benefitted property owners through two methods of alternative financing defined in Section 13.12.280.

B. All extensions of sewer mains shall be constructed so that they extend and terminate at the boundary of the last property owner serviced by the extension and the next abutting property owner not yet serviced by the city sewerage system. If there is an intersecting street between the property owners, the termination shall be at the middle of the intersecting street. In no event shall a property owner be permitted to connect to the city sewerage system unless and until the city sewer line is extended as provided in this subsection.

C. Before commencement of construction, the applicant shall provide the city with properly executed easements on a form approved by the city, providing the city a perpetual right to maintain any portion of the proposed sewer main extension where the same crosses private property. If the applicant is unable to obtain all necessary easements, the city council in its discretion, may exercise the city’s power of eminent domain to obtain such easements. Before commencing a proceeding to acquire an easement by eminent domain, the applicant shall post a bond or deposit with the city guaranteeing that the city will be reimbursed for the cost of acquisition of the easement and all legal and engineering costs in connection with such acquisition of easement.

D. Extension of the public sewer to serve any parcel or tract of land shall be done by and at the expense of the owner, although the city reserves the right to perform the work and bill the owner for the cost thereof to perform the work itself, or to perform the work pursuant to special assessment proceedings.

E. Each sewer main extension shall be installed in accordance with the city standards, and as approved by the utilities director. The size of the sewer mains and other sewerage facilities shall be determined by the city. The installing contractor for the sewer main extension shall be experienced in the construction of sewers and be approved by the utilities director. The city, through its engineers and inspectors shall inspect the construction, and the engineers and inspectors shall have complete authority over the persons performing the construction work insofar as enforcement of city standards and approved plans and specifications are concerned. The utilities director shall have the authority to stop work whenever such stoppage may be necessary to insure the proper execution of the proposed sewer main extension in accordance with the city standards and approved plans and specifications.

F. As-built drawings shall be provided to the city by the contractor performing the construction work within fifteen (15) days of completion of the work or acceptance of work by the city. Contractor bond(s) will be held until as-built drawings are submitted and approved by the utilities director.

G. Upon completion of the sewer main extension and approval and acceptance thereof by the city, the applicant shall execute and deliver to the city a bill of sale or other document in the form approved by the city transferring all right and title of the sewer main extension to the city. At the same time, the applicant shall provide a sufficient bond or deposit guaranteeing the work against any defects of labor and material for a period of one year from the date of acceptance by the city. Upon acceptance of the sewer main extension and the security for the one year guarantee by the city, the sewer main extension shall be incorporated into the city’s sewerage system and shall be maintained by the city subject to the guarantee requirement of the first year. (Ord. 1073 § 1, 2020; Ord. 1013 § 1, 2011; Ord. 876 § 3.180, 1997)

13.12.280 Financing of sewer main extensions.

A. Financing of Extensions. It shall be the responsibility of any developer to provide adequate sewage main extensions for any proposed project within the city. Developers and installers of any and all sewage main extensions must meet minimum prequalified standards and material specifications set by the city. These standards shall include, but are not limited to, insurance requirements, bonding requirements and experience in the field of sewage line installation. The extensions must be installed in accordance with the city’s specifications which are available upon request. All costs for installation of the extensions, including but not limited to engineering, materials and construction, shall be borne by the developer. In those instances where the extension(s) directly benefits adjacent properties, the developer may request a sharing of costs with the benefitted property owners through three methods of alternative financing:

1. Local Improvement District. When a majority of adjacent property owners agree to share in financing the cost of the project, the developer may petition the city council for the formation of a local improvement district in accordance with subsection E of this section.

2. Dedicated Account. If the entirety of adjacent property owners to be benefitted by the extension(s) wish to participate in a prorated sharing of the financing costs of the project, a dedicated account shall be established by the benefitted property owners at a financial institution for the purpose of retaining monies collected by the property owners who participate, and payment to the developer or developer’s contractor shall be through that dedicated account.

3. Reimbursement Agreement. The developer and any property owners who share in the financing costs of the project may enter into a reimbursement agreement with the city pursuant to subsections C and F of this section.

B. Performance Guarantee. If the developer installs and purchases the material, the developer must guarantee the project for a period of one year from the date of acceptance of the project by the city. The developer shall be required to either deposit a cash amount equal to ten percent of the total project cost in a dedicated account established for the purposes of this subsection and maintained for the one-year guarantee period, or to provide a performance (surety) bond in the amount of ten percent of the total project cost as a guarantee. Any corrections necessary to bring the project into compliance with the city’s specifications during the one-year period will be paid from the dedicated account or the performance (surety) bond. The performance (surety) bond shall be released to the developer within thirty (30) days following the termination of the guarantee period.

C. Reimbursements. Pursuant to an agreement entered into under subsection F of this section, the developer may be entitled to reimbursements in the areas where the developer is solely required to extend mains through or adjacent to properties not within the developer’s project and which properties are substantially benefitted by the extension(s). Except as otherwise provided in this subsection, the entitlement period for reimbursement shall not exceed ten years following installation of the project extensions. At the city manager’s sole discretion, the entitlement period may be extended for up to an additional ten years. Entitlement to reimbursement shall further be allowed to property owners who share in the financing costs of the project on a prorated basis, when subsequent users connect to the extension within the entitlement period. Reimbursement shall come from a connection charge imposed during the entitlement period as follows:

1. Connection Charge. A charge shall be imposed upon adjacent properties which subsequently connect to a main sewer extension during the entitlement period. Such connection charge must be assessed and paid in full before a benefitted adjacent property is entitled to receive sewage services.

2. Calculation of Connection Charge. Unless another process is set forth in the agreement entered into pursuant to subsection F of this section, the wastewater connection charge will be based upon an area formula consisting of proportionately equal connection charges, to be calculated as follows:

(Total project costs) × (Area of property requesting service)

(Total area served by the extension)

The area shall be based upon the product of the front footage times the depth of the lots benefitted. In areas where no established lot exists, the depth shall be one hundred fifty (150) feet or a logical approximation of the depths to be served, as established by the director. The total costs of the project shall cover all costs related to the project including material, installation, inspection, engineering and overhead.

3. Competitive Bids. Unless another process is set forth in the agreement entered into pursuant to subsection F of this section prior to construction of the extension, the developer or developer’s contractor must furnish the director with a cost estimation for the project. If the director determines that the cost projection is abnormally high relative to engineering estimates of similar projects, he may require the developer to furnish two competitive bids, and the developer will be entitled to reimbursement at a rate no higher than the lowest bid. Failure by the developer to submit the required competitive bids may disqualify the developer from entitlement to refunds provided for in this section.

4. Interest. No interest will be allowed in computing the total cost of reimbursement entitlement.

D. Exclusion of Subdividers. The provisions for reimbursement of construction costs of sewage main extensions herein established in this chapter shall not apply to subdividers to the extent the extension is within the boundaries of a subdivision, planned community, or condominium projects as described under Chapters 92, 94 and 100 of Oregon Revised Statutes.

E. Local Improvements—Assessment Procedures.

1. When consistent with city policies, local improvement districts may be formed and bonds sold to fund main sewage and/or storm drainage extensions, provided the property lies within the city and a majority of benefitted property owners are in agreement with the project. The formation of a local improvement district shall proceed under subsection G of this section.

2. Before the council levies any assessment for a local sewer improvement, the city council or its designee shall hold a public hearing and consider comments on the proposed assessments. At the hearing the director shall provide an assessment report stating:

a. The total cost, if known, or an estimate of the total cost of the improvement, the amount of that cost to be assessed against each benefitted real property owner, and the amount to be borne by the city, if any;

b. The method of calculating the assessments for the improvement;

c. A description of each parcel of real property to be assessed, the name of its owner, and the total projected semi-annual assessment, including interest, that is amortized over contract periods of either five- or ten-year terms;

d. Certification that notice of the proposed assessment was given by registered mail to the affected property owners no less than ten days prior to the hearing.

3. After considering evidence and argument presented at the hearing, the council shall make findings regarding compliance with this section, and other applicable rules and regulations, and thereafter determine the special benefit each parcel of affected real property receives from the local improvement(s). The findings shall be adopted in the ordinance levying the assessments. If during the review of the proposed assessment the council or its designee determines that a proposed assessment should be increased, a new notice of the increased proposed assessment, and an opportunity for comment thereon, shall be given to each owner of affected real property before the increased proposed assessment is levied.

4. The city council shall by ordinance levy assessments on parcels of real property specially benefitted by local improvements. Upon enactment of such an ordinance, the city recorder by registered mail shall give notice of the assessments to the owners of the assessed parcels. The notice shall state that each assessment may be paid in full, without interest, within ten days after the effective date of the assessment ordinance and that, if the assessment is not so paid, interest on the unpaid balance of the assessment will accrue as prescribed in the assessment ordinance until the assessment is paid in full. The notice shall also state that the assessment may be paid in installments according to the terms set forth in the assessment ordinance, and shall include an application for so paying the assessment.

5. Unless otherwise specified by the assessment ordinance, reference in this section to making payments in installments shall mean paying the obligation in accordance with the Bancroft Bonding Act by means of up to twenty (20) equal semiannual installments including principal and interest at twelve (12) percent per annum.

F. Contract of Agreement. A written agreement between the developer and the city outlining the criteria prescribed in subsections C and D of this section must be signed prior to the developer or any property owners who share in the financing costs of the project being entitled to reimbursement. Such agreements must be approved by the council at a public meeting and may be entered into any time prior to the start of construction of the project and up to 180 days after completion and acceptance of the project by the city.

G. Equivalent Assessment.

1. Any owner of real property which can be served by an already installed city main sewage extension constructed by the city (and not paid by a developer) shall pay to the city finance officer an equivalent assessment and any other fees required by the city, including but not limited to connection fees and system development charges, before connecting to municipal wastewater service. The equivalent assessment shall be determined by the city engineer based on the greater of:

a. The cost of constructing sewer facilities to which connection is proposed; or

b. The cost identified in the above subsection, plus the amount such costs have increased as reflected in a regionally or nationally published construction cost index which most closely reflects the change in construction costs in Sutherlin. As used in this subsection, “cost” includes engineering costs, material costs, installation costs and inspection costs initially paid by the city.

2. In lieu of paying the equivalent assessment at the time of connection, an owner of real property to be connected to a sewage collection or main extension line may execute and deliver to the city finance officer an agreement to pay the equivalent assessment in installments. The city finance officer may accept the owner’s agreement to pay only if it is consistent with the limit allowed for payment of similar local improvement assessment under the Bancroft Bonding Act. Equivalent assessments paid as provided in this subsection are hereby declared a lien against the real property and shall be docketed in the lien docket of the city and may be foreclosed in the same manner as a local improvement assessment lien.

3. The equivalent assessment required by this section shall not be applicable when the sewage collection line to which the property owner seeks connection has been in public service for a duration of more than five years.

H. Notice to Abutting Property Owners. Within thirty (30) days of the execution of the written agreement required by subsection F of this section, the city shall notify all property owners who, in the determination of the director, are benefitted by a future connection and subject to the connection charge required by subsection C of this section. The notification shall be in writing and sent by certified mail. In addition to a brief description of the project and its cost estimates, the notice shall further include a copy of this section, information regarding the estimated connection charge for each property, and the date upon which the entitlement period is expected to expire. The city recorder shall cause notice of the connection fee to be filed in the office of the Douglas County clerk to provide notice to a potential purchaser of property. Filing notice with the clerk shall not create a lien. Failure to make such filing shall not affect the legality agreement or the obligation to pay the connection fee. The city recorder shall also keep a record of the names and addresses of the property owners receiving notification for a period of not less than two years from the date of mailing of the notice. (Ord. 1073 § 2, 2020; Ord. 1013 § 2, 2011; Ord. 876 § 3.190, 1997)

Article 4. Use of the Public Sewers

13.12.290 General discharge prohibitions.

No person shall discharge, or cause or permit to be discharged, directly or indirectly, into any public sewer or tributary sewer thereto any pollutant or wastewater which will cause interference with the operation or performance of the city sewerage system, pass through into the receiving waters, threaten or have the potential to threaten worker safety, or cause the effluent of the city treatment plant to violate any federal, state or local standards, laws, or permits, including but not limited to any of the following substances:

A. Any liquids, solids or gases which either alone, or in combination with other pollutants, may support combustion or create a fire or explosion, or be injurious in any other way to the city sewerage system or its operations, including but not limited to: gasoline, kerosene, benzene, naphtha, toluene, xylene, alcohols, ethers, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the city sewerage system, or at any point in the system, be more than five percent nor shall any single reading be more than ten percent of the lower explosive limit (LEL) of the meter;

B. Any wastewater having a pH less than 5.5 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the city sewerage system. Prohibited wastes include, but are not limited to: concentrated acids, alkalis, chlorides, sulfides and fluoride compounds or any iron pickling wastes or concentrated plating solutions whether neutralized or not;

C. Any solid or viscous substances, which either alone or in combination with other pollutants are capable of causing obstruction to the flow in the city sewerage system or other interference with proper operation of the city sewerage system, including, but not limited to: any floatable grease, oil, fat or wax; any garbage that has not been properly ground or comminuted to such a degree that all particles float or carry freely in suspension under flow conditions normally prevalent in the city sewerage system, and which contain particles of a size not greater than one-half inch in any dimension; animal guts or tissues; paunch manure; whole blood; bones, hair, hides or fleshings; recognizable portions of the human anatomy; tissue fluids; entrails; ashes; cinders; sand; mud; straw; wood; grass clippings; spent lime; stone or marble dust; metal; glass; rags; feathers; tar; asphalt residues; glass grinding or polishing wastes; plastics; spent hops or grains; waste bulk solids; or Styrofoam and residues from refining or processing of fuel or lubricating oil;

D. Any liquid or waste containing more than one hundred (100) mg/L, by weight, of fat, oil and/or grease or containing any fat, oil, and/or grease, or other substance which will become solid or visibly viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred forty (140) degrees Fahrenheit;

E. Any wastewater containing pollutants which result in the presence of toxic gases, vapors, or fumes within the city sewerage system in a quantity, either alone or in combination with other pollutants, that may pass through, injure or interfere with the operation, maintenance, repair or replacement of the city sewerage system, constitutes a hazard to humans or animals, creates a hazard in the receiving waters of the city sewerage system, or exceeds standards promulgated by the EPA pursuant to Section 307(a) of the Clean Water Act, or other Acts, or the state pursuant to any applicable statutory provisions;

F. Any noxious or malodorous liquid, solid or gas which, either alone or in combination with other pollutants, may create a strong or unpleasant odor or air pollution, or is capable of creating a public nuisance or hazard to life or is sufficient to prevent entry into the city sewerage system for operation, maintenance, repair, or other reasons. This includes STEP effluent that exceeds one ppm of hydrogen sulfide;

G. Any water or waste containing substances which are not amenable, or are only partially amenable, to treatment or reduction in concentrations by the city sewerage system, or which cause the city sewerage system effluent to fail to meet the discharge requirements established by the NPDES permit or by any other permit or regulatory agency having jurisdiction;

H. Any substance which may cause the city sewerage system effluent or any other product of the system, such as sludges, residues or scums, to be unsuitable for reclamation and reuse, or which may interfere with the reclamation process of the system, or which may preclude the city from selecting the most cost-effective alternative for sludge disposal, or which may cause the city sewerage system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 503 of the Act, or other Acts, or the state pursuant to any applicable statutory provisions;

I. Any liquid or vapor having a temperature in excess of one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius) discharged into the city sewerage system which will stimulate excessive biological activity, or results in a temperature of one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius) of wastewater at its entrance to the treatment plant which will inhibit biological activity;

J. Any trucked or hauled pollutants, liquid waste, domestic waste from recreational vehicles, or sludge from septic tanks, cesspools, chemical toilets, privies, grease traps or grit traps, unless approved by a valid wastewater discharge permit issued by the city (See Article 5 of this chapter), and disposed of at discharge points designated by the city; no such wastewater sources shall contain formaldehyde or other chemical disinfectants;

K. Any discharge of water or waste which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than fifteen (15) minutes, five times the average twenty-four (24) hour concentration or flow during normal operation;

L. Any unpolluted water including, but not limited to: stormwater runoff, groundwater, surface water, roof runoff, subsurface drainage, uncontaminated cooling water, swimming pool water or unpolluted process wastewater;

M. Any material which contains or causes unusual concentrations of inert suspended solids such as, but not limited to, Fuller’s earth, lime slurries and lime residues; or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate; or contains or causes excessive discoloration in the city sewerage system or in the receiving waters such as, but not limited to, dye wastes and vegetable tanning solutions;

N. Any other solid or liquid determined by the city to be detrimental to or have the potential to be detrimental to the city sewerage system. (Ord. 876 § 4.10, 1997)

13.12.300 Restricted substances.

No person shall discharge waste containing restricted substances into the city sewerage system in excess of limitations specified by conditions of its discharge permit or as published by the city. The city manager shall publish and revise from time to time standards which establish limits for specific restricted substances. At all times these standards shall cover and be at least as strict as those for pollutants as defined in state or federal regulations. At it’s discretion, the city may impose mass limitations in addition to or in place of the concentration based limitations referenced above. Discharge limits or standards in effect and incorporated into any discharge permit shall remain in effect for that permit until it expires, except as modified as provided in Section 13.12.400(D). (Ord. 876 § 4.20, 1997)

13.12.310 Federal Categorical Pretreatment Standards.

Existing, revised, or new Federal Categorical Pretreatment Standards, if more stringent than limitations otherwise imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. Affected nonresidential users shall comply with the appropriate standard within the stated compliance deadline. The city manager shall immediately notify all affected nonresidential users of new or revised applicable standards under 40 CFR Subchapter N, and reporting requirements under 40 CFR 403.12, or any other pertinent rules, regulations, standards or laws, but failure of the city to notify does not relieve such nonresidential users of the obligation to comply with such reporting requirements. (Ord. 876 § 4.30, 1997)

13.12.320 State requirements.

State requirements and limitations on discharges shall apply where they are more stringent than federal requirements and limitations or those of this chapter or other adopted rules, regulations or standards or laws. (Ord. 876 § 4.40, 1997)

13.12.330 TTO reporting requirements.

Those industries which are required by EPA to eliminate and/or reduce the levels of total toxic organics (TTO) discharged into the city sewerage system shall follow the Federal Effluent Guidelines for that industry. Those industries shall also meet the following requirements of the city:

A. If no TTOs listed from the appropriate categorical pretreatment standard are used at the facility, a signed statement to the effect from the authorized representative of the nonresidential user may be submitted to the city.

B. The industrial user may request an in-lieu-of monitoring certificate statement as worded in the appropriate regulation (40 CFR 413.03). If this alternative is requested, the user must comply with the following requirements:

1. At least one representative sample of the facilities wastestream shall be taken. The sample shall be analyzed for only those pollutants listed in the appropriate regulation that would reasonably be expected to be present.

2. The user shall also submit a solvent management plan that specifies to the city’s satisfaction the following:

a. The toxic organic compounds used;

b. Method of disposal used instead of dumping; such as reclamation, contract hauling or incineration; and

c. Procedures for assuring that toxic compounds do not routinely spill or leak into wastestream.

3. The certification report shall be submitted with each report to the city. (Ord. 876 § 4.50, 1997)

13.12.340 Specific pollutant limitations.

No person shall discharge wastewater containing the listed pollutants in excess of the following concentrations:

Pollutant	Daily Maximum	Monthly Average

Arsenic	1.5 mg/L	0.7 mg/L
BOD5	350 mg/L	220 mg/L
Cadmium, total	0.3 mg/L	0.2 mg/L
Chromium, total	2.5 mg/L	1.5 mg/L
Copper, total	3.1 mg/L	1.9 mg/L
Cyanide	0.4 mg/L	0.2 mg/L
Lead, total	0.7 mg/L	0.4 mg/L
Mercury	0.05 mg/L	0.02 mg/L
Nickel, total	4.0 mg/L	1.7 mg/L
Phenols, total	1.0 mg/L	0.5 mg/L
Sulfide, dissolved	0.5 mg/L	0.1 mg/L
Silver, total	0.4 mg/L	0.2 mg/L
Total suspended solids	350 mg/L	220 mg/L
Total toxic organics	0.50 mg/L	0.10 mg/L
Zinc, total	5.7 mg/L	2.0 mg/L

Additional pollutants or more restrictive maximum concentrations may be required if the material discharged might cause interference with the operation of the POTW, exceeds discharge limits as determined by Federal Categorical Pretreatment Standards as defined in Section 13.12.310, or violates any federal or state laws. (Ord. 876 § 4.60, 1997)

13.12.360 Requirements for special removal traps.

Grease, oil and sand interceptors when, in the opinion of the utilities director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful pollutants; except that interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the utilities director, and shall be located as to be readily and easily accessible for cleaning and inspecting. Maintenance of traps shall be through physical removal of waste, and not by chemical treatment. Annual report on maintenance shall be kept by owner of interceptor, and made available to city staff upon request. (Ord. 876 § 4.80, 1997)

13.12.370 Repair requirements for excessive infiltration and inflow.

Excessive infiltration and inflow into the public sewer from damaged lateral connections, or illicit connections from roof drains shall be repaired, at the cost of the property owner, within thirty (30) days of written notice by the utilities director. If property owner fails to repair lateral within thirty (30) days, the city may repair the lateral and charge the property owner for all costs including materials and labor. (Ord. 876 § 4.90, 1997)

13.12.380 Protection from damage.

No unauthorized person shall maliciously, wilfully 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. 876 § 4.100, 1997)

Article 5. Industrial Pretreatment Program

13.12.390 Declaration of policy.

A. The city has developed the industrial pretreatment program for the purpose of setting requirements for the industrial discharge of pollutants into the city sewerage system. The objectives of this program are to:

1. Prevent the introduction of pollutants into the city sewerage system which will interfere with the operation of the system, including interference with the city’s use or disposal of the resulting sludge;

2. Prevent the introduction of pollutants into the city sewerage system which will pass through the system, inadequately treated, into receiving waters;

3. Improve the opportunity to reclaim and recycle the wastewater and sludge from the city sewerage system; and

4. Protect the health of city employees working in and around the city sewerage system.

B. In achieving the objectives set forth in subsection A of this section, it shall be the policy of the city to actively support the community’s commerce and industry through accommodation, assistance and cooperation consistent with the city’s responsibility to protect the waters of the state from pollution and to secure the health, safety and welfare of the residents of the city and surrounding areas.

C. Pollutants shall be accepted into the city sewerage system subject to regulations and requirements as may be promulgated by state and federal regulatory agencies or the city for the protection of wastewater facilities and treatment processes, public health and safety, receiving water quality and avoidance of nuisance. Pretreatment standards shall be developed to ensure that at minimum, the city and nonresidential users comply with Sections 307(b) and 307(c) of the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 and the regulations promulgated pursuant to these sections of the Act, including but not limited to, 40 CFR Part 403 (General Pretreatment Standards), 40 CFR Chapter I Subchapter N (National Categorical Pretreatment Standards) and state regulations (OAR 343-45-063).

D. Wastewater discharge permit conditions shall be based on federal, state and local regulations and requirements and on the results of analysis of the type, concentration, quantity and frequency of discharge including the geographical relationship of the point of discharge to wastewater and treatment facilities. Wastewater discharge permits may include, but are not limited to, conditions pertaining to discharge standards, self-monitoring requirements, treatment methods, housekeeping practices, inventory storage, manufacturing methods, etc., that are intended to protect the waters of the state. Permit conditions shall be reevaluated upon expiration of the permit and may be revised by the city as required, to remain consistent with local, state or federal laws, regulations and requirements or to meet any emergency. (Ord. 876 § 5.10, 1997)

13.12.400 Application and permit to discharge.

A. General. Each nonresidential user discharging, desiring to discharge, or having the potential to discharge nondomestic waste into the city sewerage system shall secure a wastewater discharge permit from the city. Any discharge of nondomestic wastes without a permit is a violation of this chapter except as provided in subdivision (1) of this subsection.

1. Existing Connections. Any person who discharges or has discharged nondomestic wastes into the city sewerage system prior to the effective date of the ordinance codified in this chapter shall, at the request of the city and within ninety (90) days after the date, apply to the city for a wastewater discharge permit and shall not cause or permit to be caused the continued discharge of nondomestic wastewater after one hundred eighty (180) days from and after the effective date of said ordinance without the permit unless so exempted therefrom.

2. New Connections. No person intending to discharge nondomestic waste shall make a connection to the city sewerage system without first applying to the city and receiving from the city a wastewater discharge permit or written notice of exemption therefrom. This permit shall be in addition to all other required permits.

B. Application. Each nonresidential user discharging, desiring to discharge, or having the potential to discharge nondomestic waste into the city sewerage system shall prepare and submit in writing an application for wastewater discharge permit to the city manager on a form provided by the city and shall include the following information:

1. Name, address, telephone number and authorized representative of the applicant and service address together with the name of the operator and owners;

2. SIC number, and pretreatment standards applicable to each regulated process;

3. A list of environmental permits held by or for the applicant;

4. A list of wastewater pollutants and their characteristics actually or potentially discharged at the applicable plant site including measured or estimated daily average and daily maximum concentrations of these pollutants; Provide chemical analysis from state certified laboratory;

5. Water use; measured wastewater for maximum daily flow, average daily flow, including average monthly and seasonal variations if any, to the POTW for all regulated process streams, and other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e);

6. A description of spill prevention measures or plans which are currently in place in the plant;

7. A detailed site, floor or plumbing plan showing the size and location of all sewers, sewer connections and appurtenances, or any other facilities designed to help the applicant in meeting the requirements of this chapter;

8. A description of activities, facilities and plant processes on the premises including a general description of types and quantities of all materials which are or could be discharged into the city sewerage system;

9. A list of chemicals on material safety data sheets (MSDS);

10. A list of each chemical used, product produced by type, amount, process or processes, and rate of production; proprietary process information may be submitted and marked as “confidential” for protection from competitors;

11. Any pertinent special agreements between the applicant and the city concerning treatment of discharges, special user charges or rates, or any other information deemed necessary by the city manager; and

12. A signature of an authorized representative of the applicant and the following statement as required by 40 CFR 403.12(1):

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

C. Evaluation of Application. The city manager will evaluate the data furnished by the applicant and may require additional information or sampling of wastewater characteristics. If such a determination is made, the applicant, unless the time period is extended, will be given thirty (30) days to provide the required information or sampling. If it is not provided within the designated time period, the application shall be denied. If the proposed discharge meets requirements of this chapter, the city manager will, within thirty (30) days after determining that the application is complete, issue a wastewater discharge permit subject to appropriate terms and conditions.

D. Modification of Permit. Discharge conditions included in a wastewater discharge permit shall remain in effect for that permit until it expires, except that they may be revised by the city manager whenever the city manager deems a revision is necessary in order to effectively implement the program, as required by the city. The permit holder shall be informed of any proposed change in its permit at least thirty (30) days prior to the effective date of change, except in the event of an emergency.

E. Duration. Permits shall be issued for a specified time period, not to exceed three years. The permit holder shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of its existing permit if it desires to continue the discharge.

F. Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter. Permits may contain the following conditions:

1. Payment of applicable fees and charges;

2. Limits on the average and maximum discharge of restricted substances, including mass limits;

3. Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;

4. Requirements for the installation and maintenance of pretreatment, inspection or monitoring and sampling facilities;

5. Specifications for monitoring and sampling programs which may include monitoring and sampling locations, frequency of monitoring and sampling, number, types and standards for tests and reporting schedules;

6. Compliance schedules;

7. Requirements for submission of technical reports or discharge reports;

8. Requirements for maintaining and retaining plant records relating to wastewater discharges, and the use and maintenance of monitoring equipment, as specified by the city manager, and affording the city manager access thereto;

9. Requirements for notification of the city of any new introduction of restricted substances or any substantial change in the volume or character of the wastewater greater than twenty (20) percent of that defined by the wastewater discharge permit, or any restricted substances being discharged into the POTW;

10. Requirements for notification of the city within two business days after a permit holder has a reasonable basis to know that the production level will significantly change within the next calendar month, and that without such notification, a permit holder must meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate;

11. Requirements for immediate notification of the city of slug load discharges;

12. Authorized points of discharge and regulated processes;

13. Requirement for immediate notification of the city manager where self-monitoring results indicate noncompliance;

14. Requirement to report a bypass or upset of a pretreatment facility within twenty-four (24) hours of the event;

15. Other conditions as deemed appropriate by the city manager to achieve compliance with this chapter.

G. Transfer. A wastewater discharge permit shall be issued to a specific nonresidential user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold without the approval of the city manager. Any succeeding nonresidential user shall agree to comply with the terms and conditions of the existing permit as a condition precedent to the approval by the city manager of a transfer, sale or assignment of the permit.

H. Compliance. The permit holder at all times shall maintain in good working order and operate as effectively as possible all facilities or systems of control installed to achieve compliance with the terms and conditions of the wastewater discharge permit. Any permit holder who violates any conditions of the permit, this chapter, or any applicable federal, state or local regulation is subject to revocation of the permit and other legal action including civil and criminal penalties as provided for in Article 9 of this chapter. (Ord. 876 § 5.20, 1997)

13.12.410 Pretreatment facilities.

A. As a condition of the granting of a wastewater discharge permit, the permit holder may be required to install pretreatment facilities or make plant or process modifications as deemed necessary by the city manager to meet the requirements of this chapter. Whenever such facilities or modifications are required, they shall be constructed, installed, operated and maintained at the expense of the permit holder and in a manner and within the time prescribed by the city manager. The permit holder shall maintain records indicating routine check dates, cleaning and waste removal dates and means of disposal of accumulated wastes. Such records shall be retained for a minimum of three years and shall be subject to review in accordance with Section 13.12.440. Approval of proposed facilities or modifications by the city manager will not in any way guarantee that these facilities or modifications will function in the required manner or attain the required results, nor shall it relieve the permit holder of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the applicable standards, limitations and conditions of a wastewater discharge permit.

B. The permit holder shall be required to pretreatment any wastestreams discharged to the POTW that exceed daily mass loadings of 1.5 pounds BOD5 or 1.5 pounds TSS. The permit holder may be subject to surcharges, in addition to operation of a pretreatment facility, as defined in Sections 13.12.350 and 13.12.690.

C. Recreational vehicle parks shall be required to pretreat wastestreams prior to discharge to the POTW. The level of pretreatment shall be approved by the city manager. (Ord. 876 § 5.30, 1997)

13.12.420 Monitoring facilities.

When required by the utilities director, the permit holder shall install and maintain at its expense a suitable control manhole to facilitate observation, sampling and measurement of wastewater being discharged into the city sewerage system. Such manhole shall be located, if feasible, where it is accessible from a public road or street. It shall be constructed in accordance with the plans and at a location approved by the utilities director and shall be arranged so that flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed by the city. The manhole shall be constructed and maintained by the permit holder so as to be safe and accessible at all times. (Ord. 876 § 5.40, 1997)

13.12.430 Monitoring and reporting requirements.

A. Each industrial user shall complete monitoring and submit monitoring reports to the city as required by this chapter, and the wastewater discharge permit. As required by 40 CFR 403.12(e) and (h), all significant industrial users shall report a minimum of two times per year unless required more frequently by the city. All periodic monitoring reports must be signed by the authorized signatory and must contain the certification statement provided in Section 13.12.400(B)(1) as required by 40 CFR 403.12(1). If during any reporting period, an industrial user fails to comply with permit requirements and limitations, the industrial user shall include in the report an explanation of the noncompliance, any known or suspected causes, and actions taken or to be taken to prevent further occurrences.

B. If an industrial user monitors any pollutant more frequently than required by the city, using approved procedures, the results of this monitoring shall be included in the report.

C. All such analytical tests and laboratory reports shall be at the cost of the permit holder. The city shall have the right to implement and enforce the requirements of 40 CFR 403.12 and 403.6(c)(7) by order of the city manager. When deemed necessary by the city manager, a permit holder may be required to obtain, install, operate and maintain an automatic sampler, analyzer or flow measuring device to monitor its discharges in the manner directed by the city.

D. All sampling and analysis shall be done in a manner and by a laboratory previously approved by the city manager. The city manager shall require all analysis related to any permit to be performed in accordance with the procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Section 136 or other applicable analytical procedures approved by the EPA.

E. To the degree practicable, the city manager will provide each permit holder or applicant with information on applicable local, state and federal wastewater analysis and reporting requirements, provided, however, that any failure to do so shall not excuse the permit holder from compliance with such requirements. (Ord. 876 § 5.50, 1997)

13.12.440 Recordkeeping.

A. Any industrial user subject to the reporting requirements required by this chapter or a wastewater discharge permit shall be required to retain for a minimum of three years from the date of the sample, measurement, report or application any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the POTW. Records include all calibration and maintenance records, copies of all reports required by this chapter or a wastewater discharge permit, and records of all data used to complete the application for the permit. This period may be extended by request of the city at any time.

B. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user of POTW or when requested by the city manager.

C. The following information, at a minimum, is required for all samples:

1. The date, exact place, method and time of sampling and the names of the person or persons taking the samples;

2. The dates analyses were performed;

3. Who performed the analyses;

4. The analytical techniques/methods used; and

5. The results of such analyses.

D. The reports and other documents required to be submitted or maintained under this chapter, the program or a permit shall be subject to the provisions of 18 U.S.C. Section 1001 relating to fraud and false statements; the provisions of Sections 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and the provisions of Section 309(c)(6) regarding responsible corporate officers which provide for civil and/or criminal penalties for making any false statement, record, report, plan or other document. (Ord. 876 § 5.60, 1997)

13.12.450 Inspection.

A. All users shall allow any authorized representative of the city bearing proper identification to enter upon the premises of any facility without delay where a real or potential discharge is located or records are required to be kept under the terms and conditions of this chapter or a permit, at reasonable times to have access to and copy records required to be kept under the terms and conditions of this chapter or a permit, to inspect any facility or monitoring equipment, to observe monitoring or testing practices or facility treatment or operations, and/or for measuring, sampling, or testing of any discharge of wastewater to the POTW in order to determine compliance with the requirements of this chapter, a permit, and/or any federal, state or local regulations. The city shall have the right to inspect the facilities in accordance with Article 8 of this chapter.

B. Except as otherwise provided in 40 CFR 2.302, any records, reports, or other information obtained pursuant to this chapter or a permit, including any correspondence relating thereto, shall be available to the public; however, upon a showing satisfactory to the city by any person that the making public of any report or information, or a part thereof, other than effluent data, would divulge methods or processes entitled to protection as trade secrets, the city shall consider such record, report or information, or part thereof, to be confidential, and access thereto shall be limited to authorized officers or employees of federal or state agencies or the city.

C. Information provided by users or the city pursuant to this chapter that has not been classified as confidential under Section 13.12.500, are open for public inspection. Requests for such review are to be made in writing and an appointment for review may be required. (Ord. 876 § 5.70, 1997)

13.12.460 Notification.

A. Nonresidential user shall promptly notify the city manager in advance of any substantial change in the volume or character of pollutants in its discharge, including hazardous wastes as provided under Section 13.12.470. All users shall notify the city as soon as possible but at least thirty (30) days prior to any planned changes in the permitted facility or activity.

B. Any nonresidential user or employee becoming aware of a discharge to the city sewerage system in violation of this chapter shall report such discharge immediately by telephone to the city manager, followed by written notice. Prompt notification of such discharges will allow the city to take necessary precautions to minimize hazards and to prevent damage to the receiving waters, thereby avoiding or minimizing discharge violations and fines from state and federal regulatory agencies and the city. The notification shall include the location of the discharge, date and time thereof, type of waste, concentration and volume of pollutant, and corrective actions proposed and/or taken.

C. Within twenty-four (24) hours of the telephone notification to report the discharge violation, the user shall repeat sampling and analysis. Laboratory results of the repeat analysis shall be submitted to the city within fifteen (15) days of the violation by written notice, except when the nonresidential user is not required to repeat samples as determined by the city manager, by written notification, that it is unnecessary.

D. Within five days following such a violation of discharge limitations or conditions, the nonresidential user shall submit to the city manager a detailed written report describing the cause and location of the discharge, the type, concentration and volume of the pollutant discharged, and any hazards which may be posed to life or property and the measures taken or to be taken to prevent similar future occurrences.

E. Each nonresidential user subject to Section 13.12.390 shall permanently post a notice on its bulletin board or other prominent place advising employees whom to call in the event of a discharge in violation of this chapter. Employers shall ensure that all employees who may cause or suffer such a discharge to occur or who are likely to detect such discharge are advised of the emergency notification procedure. (Ord. 876 § 5.80, 1997)

13.12.470 Notice of hazardous waste discharge.

A. Federal Notice Requirements. Nonresidential users shall notify the city manager, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the city wastewater system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include, at a minimum:

1. The name of the hazardous waste as set forth in 40 CFR Part 261;

2. The EPA hazardous waste number;

3. The type of discharge (batch, continuous, or other);

4. The following information to the extent such information is known and readily available to the nonresidential user:

a. Identification of the hazardous constituents contained in the wastes, and

b. An estimation of the mass and concentration of such constituents in the wastestream discharged.

B. This chapter in no way provides for or allows the discharge of hazardous wastes as identified in 40 CFR Part 261 or regulations under Section 3001 of the Resource Conservation and Recovery Act. (Ord. 876 § 5.90, 1997)

13.12.480 Accidental discharges.

Each nonresidential user shall provide protection against discharge of prohibited materials or other wastes regulated by this chapter. Nonresidential users shall provide and maintain at their expense facilities to prevent accidental discharge, including, but not limited to: retention basins, dikes, berms, storage tanks or other devices. All significant nonresidential users and other nonresidential users as required by the city shall submit an accidental spill prevention plan (ASPP), showing facilities and operating procedures to provide this protection, within sixty (60) days of notification by the city, for review and approval before implementation. Each nonresidential user shall implement its ASPP as submitted after such ASPP has been reviewed and approved by the city. Approval of such ASPP shall not relieve the nonresidential user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. At a minimum, the ASPP shall include, but not be limited to, the following elements:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the city of slug discharges, including any discharge that would violate a prohibition under this chapter, with procedures for follow-up notification within five days;

D. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, and/or measures and equipment for emergency responses; and

E. Other information as required by the city. (Ord. 876 § 5.100, 1997)

13.12.490 Dilution.

No nonresidential user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the standards contained in this chapter. (Ord. 876 § 5.110, 1997)

13.12.500 Confidential information.

Information and data obtained by the city from reports, questionnaires, permit applications, permits and monitoring programs shall be available to the public and other governmental agencies without restriction unless the permit holder requests in writing that it be confidential and demonstrates to the satisfaction of the city manager that release of such records would divulge information, processes or production methods entitled to protection as trade secrets under federal laws, or ORS 192.500(1)(b), (e) or (2)(g), or proprietary information of the discharger, or would threaten national security. Notwithstanding anything herein to the contrary, all such data shall be available at least to the extent necessary that the city manager can ensure compliance with the requirements of this chapter as well as the requirements of 40 CFR 2.302 and to state and federal agencies as required during judicial or enforcement proceedings involving the nonresidential user. When confidentiality is requested and the right thereto is established by the permit holder, the confidential information shall not be made available for inspection by the public but may be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit or pretreatment programs. However, all portions of a report shall be available for use by the city or state in judicial or enforcement proceedings involving the person furnishing the report. (Ord. 876 § 5.120, 1997)

13.12.510 Administration fees.

A. Purpose and Policy. It is the purpose of this section to reduce the city’s cost of implementation of the program through establishment of an equitable system of charges or fees for activities covered by the industrial pretreatment program, and chargeable to nonresidential users who are subject to Section 13.12.390.

B. Fee Items. The city manager may adopt a system of fees to reduce the city’s cost of the following services:

1. Setting up and operating the program;

2. Sampling, monitoring, inspection and surveillance procedures;

3. Reviewing accidental discharge procedures and construction;

4. Reviewing and acting upon permit applications, modifications or renewals;

5. Other services as the city manager may deem necessary to carry out the requirements contained herein. (Ord. 876 § 5.130, 1997)

13.12.520 Recovery of costs.

For each and every occurrence of any impact to the environment, the city sewerage system or other appurtenances, or the receiving waters caused by a discharge, and notwithstanding any fines, penalties and/or surcharges that may be applicable to the discharge, the city may recover the direct and indirect costs associated with the clean up, repair, recovery or any other activity required directly or indirectly due to the impact of the discharge. The costs shall include, but not be limited to:

A. The actual direct and indirect costs of any labor, materials, equipment and/or other supplies used by the city and/or its representatives for any services, monitoring, testing, repairing, cleaning, pumping, recording, containing or other activity engaged to assist the city in recovering from the discharge and returning the affected facility(ies) to the conditions required by permit;

B. The actual direct and indirect costs of any services related to the discharge provided to the city by any public agency;

C. The actual amount of any and all legal fees incurred by the city in defending against and/or collecting any and all fines, penalties, administrative fees, judgments and/or settlements against the nonresidential user or its representatives resulting directly or indirectly from the discharge; or

D. The actual amount of any fines, penalties, administrative fees, judgments and/or settlements against the city or its representatives resulting directly or indirectly from the discharge whether imposed, adjudicated, negotiated or required by any legal means.

The costs shall be calculated by the city from the records, reports, documents and/or invoices submitted by the contractors, vendors, suppliers, agencies and/or claimants and verified by legal counsel to the city. The nonresidential user shall be invoiced for these costs as they are developed and submitted and payment is due net thirty (30) days, with the city receiving interest at the rate provided in the fee schedule on the unpaid balance. (Ord. 876 § 5.140, 1997)

Article 6. Powers and Authority of Inspectors

13.12.530 Power and authority to inspect.

The city shall be permitted to enter all properties serviced by the city sewerage system as necessary to determine compliance with this chapter, all permit requirements, and any other federal, state or local requirements which may be in force at the time of inspection. These inspections shall take place whether or nor the provisions of this chapter are being complied with. The owner, operator or agent in charge of the premises where wastewater is created or discharged shall allow authorized representatives of the city, state and EPA, upon presentation of their identification, unimpeded access at all reasonable times to all parts of the premises for the purpose of the performance of any of their duties, including but not limited to: inspection, observation, sampling and/or records copying and examination. The city, state and EPA shall have the right to set up on the property such devices as may be necessary or proper to conduct sampling, observation, inspection, compliance monitoring and/or metering operations. If the discharger, or owner or other occupant of the premises refuses to allow entry, and the city manager determines that access is necessary to fulfill the city’s duties, obligations and/or legal requirements in enforcing this chapter or other applicable laws, rules, regulations or other requirements of federal, state or local authorities having jurisdiction, the city may apply to the court having jurisdiction for an inspection warrant in accordance with Oregon Revised Statutes. The denial of such access is in and of itself a violation of this chapter. (Ord. 876 § 6.10, 1997)

13.12.540 Safety and liability.

While performing the necessary work on private properties referred to in Section 13.12.530, the building inspector or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 13.12.420. (Ord. 876 § 6.20, 1997)

13.12.550 Authority to enter easements.

The building inspector and other duly authorized employees of the city bearing proper identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 876 § 6.30, 1997)

Article 7. Enforcement Procedures

13.12.560 Public nuisance.

Any discharge, or activities which could result in or cause discharges, in violation of this chapter, the conditions of the wastewater discharge permit, or any other violation of this chapter, is declared to be a public nuisance Such nuisance may be abated or enjoined and damages assessed therefor in accordance with other provisions in the city code or in any other manner provided by law. (Ord. 876 § 7.10, 1997)

13.12.570 Cease and desist order.

In the event of any actual or threatened discharge into the city sewerage system in violation of this chapter or the conditions of the wastewater discharge permit, which discharge presents an imminent or existing danger to the health or welfare of persons, property or the environment or which has caused or will cause damage to or interference with the operation of the city sewerage system as authorized by 40 CFR 403.8(f)(1)(vi), the city manager may issue an order to cease and desist and direct that those nonresidential users responsible for the violation:

A. Comply forthwith;

B. Comply with the time schedule set forth by the city manager; and

C. Take appropriate remedial or preventive action. (Ord. 876 § 7.20, 1997)

13.12.580 Failure to comply.

A. If the nonresidential user in noncompliance fails to comply with the order, the city shall take such steps as are deemed necessary or proper, including immediate severance of the sewer connection and water service. The city shall reinstate the water and sewer utility service upon proof of the elimination of the actual or threatened violation. The filing of an appeal pursuant to Article 8 of this chapter shall not stay enforcement of the city manager.

B. Failure to comply by users include, but are not limited to the following violations:

1. Missed interim or final compliance schedule date;

2. Failure to report or notify completely or accurately;

3. Late to report or notify;

4. Failure to report;

5. Failure to install manholes or monitoring equipment;

6. Failure to sample, monitor, or analyze as required;

7. Failure to develop an accidental spill prevention plan;

8. Refusal of reasonable or timely access to premises for inspection or monitoring;

9. Slug discharge, whether harmful or not;

10. Reporting false information;

11. Excelling discharge limitation or prohibition;

12. Falsifying, tampering with or rendering inaccurate any required monitoring device or method. (Ord. 876 § 7.30, 1997)

13.12.590 Submission of time schedule.

If the city manager finds that a discharge has taken or may take place in violation of this chapter or the conditions of the wastewater discharge permit, the city manager may require the person or permit holder responsible therefor to submit for approval, within such time and with such modifications as the city manager deems necessary, a detailed time schedule of specific actions which the person or permit holder shall take in order to prevent or correct the violation. (Ord. 876 § 7.40, 1997)

13.12.600 Revoking a permit and terminating service.

A. Any nonresidential user who violates any of the provisions of this chapter or the conditions of its wastewater discharge permit, which violation presents an imminent danger to the health or welfare of persons, property or the environment, or which violation will cause damage to, or interference with, the POTW, or contamination of the resulting sludge, may have their wastewater discharge permit revoked and/or water and sewer connection severed by order of the city manager.

B. The order shall be signed by the city manager and shall specify the nature and source of the violations. The order shall be delivered or sent by regular mail to the address of the nonresidential user as shown on the permit. The order may specify the corrective actions to be taken and shall state a reasonable time for satisfactory correction. If the nonresidential user does not correct the violation within the time specified, or such additional time as may be allowed in writing by the city manager, then the wastewater discharge permit shall be revoked and the water and sewer connection severed as provided in the order. Correction of the violation shall not preclude assessment of monetary penalties.

C. The filing of an appeal pursuant to Article 8 of this chapter shall stay enforcement of the action by the city manager under this section pending final administrative action on the appeal. This provision supplements and does not restrict other provisions of this chapter, laws or regulations authorizing termination of service for delinquency in payment of fees or charges. (Ord. 876 § 7.50, 1997)

13.12.610 Public notification of violations.

The city shall publish in a daily newspaper with the largest daily circulation in the area, not less than annually, a list of those nonresidential users which during the previous twelve (12) months were determined to be in significant noncompliance of this chapter or the conditions of their discharge permits. This notification will summarize enforcement action taken by the city during the same twelve (12) months. For the purposes of this provision, a user is in significant noncompliance if its violation meets one or more of the following criteria:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter;

B. Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit of the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD5, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city sewerage system personnel or the general public);

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city manager’s exercise of its emergency authority under Section 13.12.400 to halt or prevent such a discharge;

E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; and

H. Any other violation or group of violations which the city manager determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 876 § 7.60, 1997)

13.12.620 Violations.

Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and, providing a reasonable time limit for the satisfactory period of time stated in such notice, ordered to permanently cease all violations. (Ord. 876 § 7.70, 1997)

13.12.630 Violators liable for damages.

Any person 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. (Ord. 876 § 7.80, 1997)

13.12.640 Fine for violations.

Any person who shall violate or fail to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine in any sum not exceeding one thousand dollars ($1,000.00) or by imprisonment in the city jail for a term not exceeding six months or both such fine and imprisonment and each day that a violation of any of the terms and provisions continue shall be deemed a distinct and separate offense. (Ord. 876 § 7.90, 1997)

Article 8. Appeals

13.12.650 Reconsideration.

Any person aggrieved by any decision or action of the city manager made or taken pursuant to the rules and regulations of the city may file a written request with the city manager for reconsideration thereof within ten days of such decision or action. The request for reconsideration shall be on a form provided by the city manager and shall set forth in reasonable detail the decision or action objected to and the facts and arguments supporting the appellant’s request for reconsideration. The city manager shall render a final written determination within ten days of receipt of such request for reconsideration. The city manager may establish such procedures as may be deemed necessary or proper to conduct the reconsideration process. The filing of a request for reconsideration shall be a condition precedent to the right to appeal to the city council pursuant to Section 13.12.660. (Ord. 876 § 8.10, 1997)

13.12.660 Appeals to the city council.

Any person aggrieved by the final determination of the city manager may appeal such determination to the city council within ten days of the final determination. Written notification of such appeal shall be filed with the city and city manager within ten days after receipt of the final determination of the city manager. The notice of appeal shall be on a form provided by the city manager and shall set forth in reasonable detail the decision or action being appealed and the facts and arguments supporting the applicant’s request for reversal or modification of the city manager’s determination. (Ord. 876 § 8.20, 1997)

13.12.670 City council hearing.

The city council shall conduct a hearing on the appeal and shall render a decision thereon within twenty (20) days of its filing. Prior to the hearing, the city manager shall provide the city council with his findings and recommendations regarding the appeal. Within ten days after the hearing, the city manager shall notify the appellant of the council’s decision. (Ord. 876 § 8.30, 1997)

Article 9. Charges and Rates

13.12.680 Charges imposed.

A fee schedule setting forth connection fees and monthly sevice charges for use of the city’s public sewer system shall be adopted by resolution. (Ord. 983 § 2 (part), 2007: Ord. 876 § 9.10, 1997)

13.12.690 Surcharge for excessive discharge loads.

In addition to the applicable monthly service charge referred to in Section 13.12.680, the city shall impose a monthly surcharge on all users that discharge more than 0.183 lbs/day of BOD5 or TSS to the POTW as defined in Section 13.12.310. A user’s daily discharge of BOD5 or TSS shall be the average of daily samples taken during one calendar month. A surcharge schedule shall be adopted by resolution and shall differentiate between excessive dischargers as follows:

BOD5/TSS Mass Loadings
0.184—0.368 lbs/day
0.368—0.552 lbs/day
0.552—0.736 lbs/day
0.736—0.920 lbs/day
0.920—1.104 lbs/day
1.104—1.288 lbs/day
1.288—1.472 lbs/day
1.472—1.656 lbs/day
1.656—1.840 lbs/day

(Ord. 983 § 2 (part), 2007: Ord. 876 § 9.20, 1997)

13.12.700 Users outside of city limits.

All users located outside the corporate limits of the city but within the urban growth boundary shall be charged a sewer user rate of double the amount charged users within the corporate limits of the city, except for sanitary service districts. (Ord. 876 § 9.30, 1997)

13.12.710 Monthly service charges.

Sewer service charges shall be collected monthly, and if not paid prior to the fifteenth day after billing they shall be deemed delinquent. The water department may enforce the collection of sewer service charges by withholding delivery of water to any premises for which the sewer service charges are delinquent, and may use such other means of collection as may be provided by the laws of the state of Oregon or permitted by the charter or ordinances of the city. Delinquent sewer service charges may be certified to the tax assessor of Douglas County for collection in the manner provided by ORS 224.220, and may be recovered in an action at law by the city. (Ord. 934 § 1, 2001: Ord. 876 § 9.40, 1997)

13.12.720 Nonpayment charges.

In the event it becomes necessary to certify the service charges established because of the nonpayment thereof, there shall be added to such charges a penalty in the amount of ten percent thereof, and the same shall bear, when certified, interest at the rate of eight percent per annum from the date of such certificate. If court action is brought to collect the delinquent service charges, the same penalties and interest charges above set out shall apply. (Ord. 876 § 9.50, 1997)

13.12.730 Review and revision of rates.

The sewer user charges established in Section 13.12.700 shall as a minimum be reviewed annually and revised periodically to reflect actual costs of operation, maintenance replacement and financing of the treatment work, and to maintain the equability of the user charges with respect to proportional distribution of the cost of operation and maintenance in proportion to each user’s contribution to the total wastewater loading of the treatment works. (Ord. 876 § 9.60, 1997)

13.12.740 Building sewer permit fees.

A permit and inspection fee shall be imposed for a residential or commercial building sewer permit, and for an industrial building sewer permit. The fee shall be paid to the city at the time the application is filed. The amount of the fee shall be determined by city resolution. (Ord. 876 § 9.70, 1997)

13.12.750 System development charge.*

A. Residential Connections. Prior to connection to the city sewerage system, the owner of residential property which is located within the corporate limits of the city that is to be serviced by the system shall pay to the city a connection fee. If the property to be serviced by the city sewerage system is located within the urban growth boundary but outside the corporate limits of the city, a separate connection fee shall be paid after city council approval. The connection fee amount shall be determined by city resolution.

B. Commercial/Industrial Connections. Prior to connection to the city sewer service, the owner of commercial or industrial property shall pay to the city a connection fee, plus costs incurred by the city for connection into the city’s sanitary sewer, plus a fee for the number of equivalent dwelling units (EDUs) over 1.0. All “for-profit” businesses, including motels, apartment buildings, RV parks, mobilehome parks, and other residential operations of similar nature, are deemed to be commercial ventures when ownership is held by a corporation, partnership or individual for the purpose of rental income. The connection fees and fee per EDU shall be determined by city resolution. (Ord. 876 § 9.80, 1997)

*Editor’s Note: For additional provisions concerning system development charges, see Ch. 13.16.

13.12.760 Additional connection fees.

If the city sewer line does not already contain a “wye” in the sewer line so that it will necessitate breaking into the sewer line to make the proper and appropriate connection, an additional fee will be charged as a break-in fee. In addition to the fees, when the city installs a sewer lateral from the sewer line to the property line, the property owner will pay to the city. The payment will be made when the property owner requests the city to install the service. Fees shall be determined by resolution. (Ord. 876 § 9.90, 1997)

13.12.770 Adjustment of bills.

When a utility account that includes a sewer service billed according to water consumption is eligible for a bill adjustment for its water service in accordance with 13.04.080(5) of the SMC, the sewer bill shall be adjusted with a credit determined by calculating the number of gallons to be credited in accordance with SMC 13.04.080(5)(b) multiplied by the current sewer rate in effect for the utility account. (Ord. 1010 § 1 (part), 2010)

13.12.780 Installment payment plan.

For utility accounts that include a sewer service billed according to water consumption and where it is established that a water leak has occurred, the city manager or designee may enter into an installment payment plan with the customer for payment of that bill. Prior to executing an installment payment plan, the customer must provide proof that the subject leak has been repaired. (Ord. 1010 § 1 (part), 2010)