Chapter 13.20
SEWER REGULATIONS
Sections:
13.20.030 Connection required.
13.20.040 Connections outside the town limits.
13.20.050 Sewer service application.
13.20.060 Sewer service disconnection application.
13.20.070 Design and installation requirements.
13.20.080 Sewage meters and water submeters.
13.20.090 System interruption.
13.20.100 Inspection authority.
13.20.110 Prohibited materials.
13.20.120 Wastewater pretreatment requirements.
13.20.130 Contents of septic tanks, chemical toilets, and holding tanks.
13.20.140 Account responsibility.
13.20.150 Violation and enforcement.
13.20.010 Purpose.
The purpose of this chapter is to provide for the regulation and use of the town sewer system. (Ord. 1088 § 1, 1998)
13.20.020 Definitions.
For the purposes of this chapter and Chapter 13.21 FHMC the terms set out in this section shall have the meanings indicated.
A. “Sewage” means water-carried waste products or discharge from human beings or other wastes from residences, private or public buildings, including, but not limited to, industrial waste.
B. “Sewer system” means the entire system of component parts intended for the collection, treatment, processing and disposal of sewage from its point of origin to its ultimate point of disposal, as owned and operated by the town. (Ord. 1088 § 2, 1998)
13.20.030 Connection required.
A. Any lot or parcel of real property on which sewage is generated shall connect to the town sanitary sewer system as it now exists, or as it may be extended in the future, and shall not allow any such sewage to be disposed of other than by way of such connection, except in any of the following circumstances:
1. Annexation. Any legally existing building on a lot or parcel of real property within the town corporate boundaries that at the time of annexation has an existing, functioning, nonpolluting on-site sewage system shall not be required to connect to the town sewer system; provided, that the system meets current San Juan County regulations and connection is not required as a condition of annexation; provided further, that if the existing on-site sewer system needs to be replaced or expanded, or the lot or parcel of real property is subject to a land division or change of use, then connection to the town sewer system shall be required in accordance with this section.
2. Other Agreement. Fully executed and valid development agreement(s) that provide alternate provisions for disposal of sewage.
3. Single-Family Use. A lot or parcel legally existing at the time of the adopting Ordinance No. 1737 in the single-family zone without an existing connection or a boundary within 200 feet of an existing town sewer system may make a request to the town to dispose of sewage using an on-site sewage system (OSS).
B. Variance. Any owner of a lot or parcel of real property that perceives that the provisions of this section create a hardship as to that particular owner’s property may request a variance from this code, as provided in Chapter 17.84 FHMC, Variances. The town council may, after determining that it is in the best interest of the health, welfare and public safety of the town to do so, grant a variance from this section on such terms and conditions as the town council may impose. (Ord. 1737 § 1, 2021; Ord. 1398 § 1, 2009; Ord. 1163 § 2, 2001; Ord. 1088 § 3, 1998)
13.20.040 Connections outside the town limits.
A. No new sewer main lines and no new extensions of existing sewer main lines shall be allowed outside the town.
B. Existing uses outside of the town shall not be allowed to change to a different use or customer class, as defined in FHMC 13.21.010. In the event any such change occurs, the town shall provide the property owner with 30 days’ written notice of the violation. If the proper use is not restored within the 30 days, the town shall disconnect water service to that property.
C. No new sewer connections shall be allowed for properties outside of town.
D. The right of presently connected out-of-town properties to remain connected to the town sewer system shall not be transferable to any other property and the town shall not recognize the right of any out-of-town property to connect to the town sewer system on the basis of a connection right having been transferred to that property from another presently connected property. (Ord. 1088 § 4, 1998)
13.20.050 Sewer service application.
A. It is unlawful for any person to make an opening in the town sewer system or to connect any private sewer to said system without first obtaining approval of a sewer service application.
B. No person shall alter their connection to or use of the town sewer system without obtaining approval of a new sewer service application.
C. Each separate parcel of land that receives sewer service from the town sewer system shall be required to have a separate sewer connection, except that a single connection may provide sewer service to more than one parcel if the parcels are under one ownership and share a common boundary. In the event common ownership is terminated because title to any one or more of the parcels is transferred to a new owner, sewer service shall be terminated unless, prior to or within 30 days of the transfer of title, new sewer service applications shall have been approved for all of the newly created parcels.
D. The sewer service application shall be filed with the town administrator, stating the name and address of the owner of the property to be connected, the address of the property and the purpose for which the sewer is to be used. The application shall include a statement that all facts are true and correct, and that the applicant agrees to conform to the rules and regulations of sewer use.
E. The permit application shall be signed by the owner or his/her authorized agent.
F. The connection charges called for in FHMC 13.21.020 as amended shall be collected by the town prior to approval of a sewer service application. (Ord. 1316 § 1, 2006; Ord. 1088 § 5, 1998)
13.20.060 Sewer service disconnection application.
A. Any person wishing to disconnect from the town sewer system shall first obtain approval of a sewer service disconnection application. Applications for disconnection shall be submitted to the town administrator and, pending approval, all applicable sewer charges shall continue to be assessed and payable.
B. Except as provided in subsection C of this section, once disconnected, a property will not be served by the town’s sewer system until a new sewer service application has been approved and a new sewer connection charge has been paid.
C. In the event that the structures on any property connected to the town sewer system are so damaged by fire or other casualty that the property is no longer habitable, or if the structures are abandoned and/or neglected to such an extent that they are taken down or removed in response to a notice from the town building office that the structures are deemed unsafe pursuant to the provisions of Section 116 of the International Building Code, the owner of the property may, upon disconnecting from the town sewer system, request the issuance of a reconnection certificate. The certificate shall authorize the owner or any subsequent owner of the property to reconnect to the town sewer system at any time within 10 years from the date of its issuance by paying a reconnection fee in an amount that is the difference between the price charged as a sewer connection fee on the date of disconnecting, which shall be set forth on the face of the certificate, and the price charged as a sewer connection fee on the date of reconnecting.
Failure of the owner to reconnect to the town sewer system within said period of time shall preclude a reconnection until the owner has complied with subsection B of this section. (Ord. 1498 § 2, 2012; Ord. 1431 § 1, 2010; Ord. 1088 § 6, 1998)
13.20.070 Design and installation requirements.
A. All sewer lines shall be designed and installed in accordance with “Town Water and Sewer Extension Requirements” as adopted in Chapter 13.24 FHMC.
B. All connections to a town sewer main from any structure on any property, including side sewer installation from any such structure and a town sewer main, shall be the responsibility of the property owner. All such connections shall be inspected and approved by the town while the excavation is open and all such connections shall remain visible until the completion of the town’s inspection. Thereafter, the property owner shall be responsible for the maintenance and repair of the side sewer line from the main to the structure connected, unless the need for the maintenance and/or repair is the result of the town’s action. (Ord. 1712 § 1, 2021; Ord. 1088 § 7, 1998)
13.20.080 Sewage meters and water submeters.
A. Whenever an owner uses water for landscaping, cooling, processing or other purposes which produce an uncontaminated effluent, satisfactory for direct discharge into the ground or storm sewers, the owner may separate this water from the sewage and discharge it into the ground or storm sewer if approved by the town. The owner may submeter the sewage flow, the uncontaminated water flow or that portion of the water supply which will not be discharged into the sewer, whichever is practical, so that the owner may receive credit on the use charge for the uncontaminated flow and be charged only for the sewage discharged into the sewer system. It shall be incumbent upon the owner to provide the facilities, including the submeter, to accomplish separation. Such facilities and the manner of operation thereof shall be as approved by the town.
B. As an alternative to submetering, a separate water meter may be installed from the main, in which case charges for the hookup shall be the same as the costs for a new meter installation.
C. Where the water furnished to a property is from a source other than the town water system, the user shall meter the water used to produce sewage and the meter shall be read regularly by the town.
D. All water submeter installations shall be subject to inspection by town water department personnel and the applicant shall pay a $25.00 inspection fee at the time of submeter installation. (Ord. 1589 § 2, 2016; Ord. 1088 § 8, 1998)
13.20.090 System interruption.
The sewer may be shut off at any time without notice, for repair, extension or other necessary purposes. The town shall not be responsible for any damage incurred on the premises of the sewer customer by this action. (Ord. 1088 § 9, 1998)
13.20.100 Inspection authority.
Upon request of the town, a designated employee shall be allowed access during reasonable hours to all parts of buildings with sewer service from the town sewer system, for the purpose of inspecting the condition of the pipes and fixtures and the manner in which the sewer is used. (Ord. 1088 § 10, 1998)
13.20.110 Prohibited materials.
No person shall discharge or cause to be discharged to the town sewer system any of the following:
A. Storm water;
B. Fat, oil, grease (FOG) or any other solid or viscous material capable of causing obstruction to the flow in the sewer system or other interference with the proper operation of the system;
C. Any material that may create a fire or explosive hazard;
D. Material of any nature at a temperature above 140 degrees Fahrenheit;
E. Any material having a pH lower than five or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewer system;
F. Any material containing a toxic or poisonous substance in sufficient quantity to interfere with the sewage treatment process or create any violation of water quality standards in the receiving waters of the treatment plant; and
G. Any material containing any pollutant creating excess biological oxygen demand (BOD) or containing total suspended solids (TSS) in volume or strength to cause unit process upset at the treatment plant or violation of the national pollution discharge elimination system permit. (Ord. 1088 § 11, 1998)
13.20.120 Wastewater pretreatment requirements.
Any person in violation of FHMC 13.20.110 or who, upon connection to the town’s sewer system, would be in violation of FHMC 13.20.110 shall, upon directive of the town administrator, be required to construct and operate at their own expense a wastewater pretreatment facility and/or equalization basin capable of removing and/or decreasing strength or quantity of said restricted waters or waste materials prior to discharge to the sewer system. At the time the authorization to pretreat is issued, the town shall set limitations on the discharge of restricted waters and wastes to the sewer system as to volume, waste strength (BOD, TSS, FOG), and maximum concentrations on other restricted parameters. (Ord. 1088 § 12, 1998)
13.20.130 Contents of septic tanks, chemical toilets, and holding tanks.
A. It is unlawful for any person to discharge the contents of any septic tank, recreational vehicle holding tank, boat holding tank, chemical toilet or other similar device into the town’s sewer system except in accordance with the provisions of this chapter.
B. Repealed by Ord. 1768.
C. Recreational vehicle holding tanks, chemical toilet contents and boat holding tanks shall only be discharged at locations having a building permit for such facility. The facility shall be designed to prevent spillage and provide protection against odor. (Ord. 1768 § 1, 2023; Ord. 1088 § 13, 1998)
13.20.140 Account responsibility.
Except as otherwise provided herein, all accounts for sewer service charges shall be kept in the name and address of the legal property owner and not in the name of a tenant, and the owner shall be responsible for all sewer service charges. For those condominiums and planned residential developments which are served by only one water meter, responsibility for the sewer account shall be in the name and address of the owner’s association that represents all of the owners of the condominium units or the parcels in the planned residential development. (Ord. 1317 § 2, 2006; Ord. 1088 § 14, 1998)
13.20.150 Violation and enforcement.
A violation of this chapter is both a public nuisance and a Class 1 civil infraction subject to the process and provisions of Chapter 1.18 FHMC. Each day a violation exists may be treated as a separate violation. (Ord. 1532 § 10, 2014; Ord. 1088 § 15, 1998)