Chapter 13.16 SEWER SYSTEM USE AND CONSTRUCTION

A. “Building sewers” means an intercepting sewer line from any sewer system, so constructed to transport sewerage from dwellings, buildings, structures or premises.

B. “City” means any city official so authorized to act in any appointed capacity, including but not limited to engineering, public works or administration, so constrained only by the particular duties entrusted to them.

C. “Contractor,” unless specifically defined otherwise, shall apply to any contractor duly licensed by the city.

D. “Person” includes all natural persons of either sex, groups, copartnerships, associations, companies, societies, corporations or firms, whether acting by themselves or by employee or agent; the singular number when necessary shall be held and construed to include the plural and the masculine pronoun to include the feminine.

E. “Sewer, sewer system or sanitary sewer” refers to the system of conveyance of waste and other sewage matter, exclusive of storm, surface or groundwaters.

F. “Side sewers or stub sewers” means an intercepting sewer line from the sewer system of the city to transport sewerage from the building sewer or premises on the private property. (Ord. 634 § 1.00, 1973).

13.16.020 Connection required when – Enforcement by city.

The city is empowered and it is its duty in all cases where there is a public sewer accessible to any lands, buildings and premises, or any lands, buildings or premises are within 300 feet of such public sewer, to compel the owner or agent of such lands, buildings or premises to construct or have constructed a suitable sewer or system of conveyance for use as a receptacle or conductor of waters or wastes as defined in this chapter with and to such accessible sewer. If any such connection is not made within the time period specified in this chapter, the council may thereafter designate and direct authority to cause such connection to be made and to file a statement of the cost thereof with the clerk and thereupon a warrant shall be issued and drawn on the sewer fund for payment of such costs. Such amount, together with a penalty of 10 percent, plus interest at the rate of seven percent per year upon the total amount of such cost and penalty, shall be assessed against the property upon which the said building or structure is situated and shall become a lien thereon, and the said assessment, penalty and interest shall be collected and the lien enforced by suit if necessary in the name of the city in any court of competent jurisdiction; further, whenever the public health requires that any lands, buildings or premises be connected with the public sewer, the city may serve upon the owner or agent thereof a notice specifying the time when such connection must be made, and if the owner or agent fails, neglects or refuses to connect said lands, buildings or premises with the public sewer within the time specified in such notice, the city may cause such connection to be made, and the amount paid for such connection shall be assessed against the premises, and said assessment shall be collected and the lien enforced by suit if necessary as provided in this chapter. (Ord. 634 § 2.01, 1973).

13.16.030 Unauthorized openings prohibited.

It is unlawful for any person to make any openings in any public sewer or connect any private drain or sewer therein without having first procured authority to do so as provided and in the manner prescribed by the city, including licensing and fees therefor required; provided, that is shall be the duty of the police, building officials and employees of the public works department, in case they shall find any person engaged in the work of breaking ground, excavating or in any manner preparing for the purpose of making connection with the public sewer, to attempt to ascertain if such person is duly authorized by license and permit from the city to make such connection, and in the event that such person is not so authorized, it shall be the duty of such officer or employee to order the cessation of activities under penalty for violation of this chapter, and to immediately report the incident to the city. (Ord. 634 § 2.02, 1973).

13.16.040 Side sewer business license – Required when.

Any person, firm or corporation in the side sewer business who desires to operate and to do work within the boundaries of the city and to construct and install building sewers and side sewers shall first make application for and receive a license to so operate. (Ord. 634 § 2.03, 1973).

13.16.050 Side sewer business license – Fee.

The license fee for the first year shall be $25.00 and for each year thereafter it shall be $25.00 per year; provided, that the side sewer contractor shall renew his license on or before the 31st day of December of each year. (Ord. 634 § 2.03, 1973).

13.16.060 Side sewer business license – Bond.

No person, firm or corporation shall receive a license to operate as a side sewer contractor unless prior to the issuance of the license, the side sewer contractor shall submit a bond in the sum of $5,000 for faithful performance of their work and shall submit a certificate of insurance showing that the side sewer contractor has a minimum of $300,000, $100,000 and $25,000 property damage insurance. (Ord. 634 § 2.03, 1973).

13.16.070 Side sewer business license – Forms.

The city will furnish all forms for the license application and shall further furnish and require that all side sewer contractors shall utilize a license agreement with each resident of the city in performing of the side sewer work embodied in the terms and conditions of this chapter and providing for proper and faithful performance of the work in accordance with the specifications of the city. (Ord. 634 § 2.03, 1973).

13.16.080 Sewer connection permit – Required when.

It is unlawful to connect any property or premises with a public sewer, to make repairs, alterations or additions to any building sewer or drain connected thereto, or to seal, abandon, or disconnect a building sewer, without first applying for and securing a permit therefor from the city, issued to a specific location. The permit application for a sewer or drain connection, repair, alteration or addition shall be made by the owner of such property or premises or by a duly licensed side sewer contractor representing the owner, and the city shall determine whether the permit application conforms to the requirements of applicable ordinances regulating side sewers and fee schedules. (Ord. 634 § 3.01, 1973).

13.16.090 Sewer connection permit – Application.

A. Any and all permit applications shall be made on specific forms provided by the city and shall be supplemented by any plans, specifications, diagrams or other information considered pertinent in the judgement of the city. Prior to issuance of any side sewer permit, the following completed forms will be required as a minimum:

1. An owner’s responsibility and acknowledgment of requirements form;

2. An application for side sewer permit form;

3. A plan or graphic diagram providing all dimensional requirements and the route of the proposed side sewer;

4. A clerk’s miscellaneous receipt (regardless of any fee requirements).

B. In the event an application is processed by a side sewer contractor according to the provisions contained in this section, the side sewer contractor shall present evidence of his valid existing side sewer license and evidence of a current bond and status in Pierce County and shall submit the agreement as provided in MMC 13.16.070. (Ord. 634 § 3.02, 1973).

13.16.100 Sewer connection permit – Fee – Bonded contractors required.

A. All connection fees and permits will be as required by Chapter 3.48.

B. Such new connections, and any new repairs or any work requiring excavation in the roads and other thoroughfares of the city shall be done only by bonded contractors, and in compliance with the ordinances of the city. (Amended at city’s request, 2/9/84; Ord. 634 § 3.03, 1973).

13.16.110 Sewer connection permit – Unusual situation review.

An application for permit that includes or encompasses any condition or situation considered to be unusual, unique or in any manner other than standard may be committed to review by the city for a determination, and such may include additional and/or modified requirements to more closely achieve the intent of the side sewer regulations. (Ord. 634 § 3.04, 1973).

13.16.120 Sewer connection permit – City authorized to cause compliance.

All work must be prosecuted to completion with due diligence and if, in the judgement of the city, any excavation is left open beyond a reasonable time, it shall cause the same to be refilled forthwith, and costs incurred in such work shall be charged to the property owner; and if any work done in pursuance of a permit granted as prescribed in this chapter is not constructed and completed in accordance with the plans and specifications approved by the city therefor and to the acceptance of the inspector so designated by the city, and the owner or contractor for such work refuses to properly construct and complete such work, notice thereof shall be given to the owner of said property for whom the work is being done, and the city may cause said work to be completed and said sewer connected in the proper manner, and the full cost of labor and materials necessary therefor shall be charged and become a lien against the property, and collectible in the manner so provided in this chapter. (Ord. 634 § 3.05, 1973).

13.16.130 Open trench work required – Water testing required.

All excavations required for the installation of the building sewer shall be open trench work, and the inspection required in this chapter shall require testing to be done with water to determine proper insulation in accordance with the provisions hereof. (Ord. 634 § 4.01, 1973).

13.16.140 Right of entry.

The city officials shall have the right to enter upon any premises to be connected with the public sewer at all reasonable times to ascertain if the same should be connected to the public sewer or if the provisions of this chapter have been, or are being, complied with, and if they shall find that such premises or provisions of this chapter are not being conformed to, they shall notify the owner of such premises, or his agent, of the fact, and it shall thereupon be the obligation of such owner, or agent, to cause such nonconforming construction theretofore completed to be so altered, repaired or reconstructed to make them conform to the requirements of this chapter within a specified time as determined to be adequate and reasonable by the city, and it shall be unlawful for any person to prevent, or attempt to prevent, any entrance or inspection or to obstruct or interfere with any such officer while engaged therein. (Ord. 634 § 4.02, 1973).

13.16.150 Inspection – Notice – Correction of defects.

Any person performing work subject to the provisions of this chapter shall notify the city when the work will be ready for inspection and shall specify in such notice the location of the premises. Such notice shall be given at least 24 hours in advance. The cost of unnecessary inspection trips to a job site may be charged to the applicant at the discretion of the city. If the inspector finds the work or material used is not in accordance with the provisions of this chapter, he shall notify the person doing the work and also the owner of the premises by posting written notice on the permit required to be posted upon the premises, and such posted notice shall be all that is required to be given of the defects in the work or material found in such inspection, and a copy of such notice shall be kept on file by the city. If such defects are not corrected within 30 days of such posted notice, the city, if in their opinion such defective work is detrimental to the public sewerage system, may order or cause the said defects to be corrected and the actual cost of such correction shall be chargeable to the owner as a service charge and shall be a lien upon the property served by such side sewer. (Ord. 634 § 4.03, 1973).

13.16.160 Inspection – Required prior to trench filling.

No trench shall be filled, nor any connecting sewer, until the work from where the same connects with the public sewer, or other outlet, to the point where it connects with the plumbing of the building or premises to be connected, shall have been inspected, tested and approved according to the provisions of this chapter and the rules and specifications contained herein. (Ord. 634 § 4.04, 1973).

13.16.170 Final inspection required when.

Final acceptance inspection may occur at and with the inspection prior to filling trenches as required in MMC 13.16.160; however, the city may at its discretion require a final or subsequent inspection and schedule same by such written notation upon the side sewer permit which is required to be posted on or near the job site. (Ord. 634 § 4.05, 1973).

13.16.180 Pre-permit inspections permitted when – Fee.

Pre-permit inspections can be requested by completing such a request form available from the city at a cost not to exceed $15.00. (Ord. 634 § 4.06, 1973).

13.16.190 Sewer connection permit – Time limit.

The permit issued under this chapter shall be valid for a period of 30 days unless specifically extended by the city officials. (Ord. 634 § 4.07, 1973).

13.16.200 Use of contractor’s name by other prohibited – Change of address notification required.

It is unlawful for any person licensed as a sewer contractor under the provisions of this chapter to allow his name to be used by any person, firm or corporation, either for the purpose of obtaining a permit, or for doing the work under his license, and it shall be the duty of every licensed sewer contractor to have his name and place of business recorded with the city and to immediately notify the city of any change of his address. (Ord. 634 § 5.01, 1973).

13.16.210 Sewer connection permit – Owner or occupant’s permit.

The city may issue such permit to the owner or occupant of any property to construct, extend, relay, repair, or make connections to a side sewer or private sewer lying inside his property line; provided, that such owner or occupant shall comply with the applicable provisions of this chapter, except he need not employ a licensed side sewer contractor to do such work. In the event a side sewer is to be disconnected or abandoned, the permit shall show location of pipe to be abandoned, and other details, including the sealing of the pipe. (Ord. 634 § 5.02, 1973).

13.16.220 Contracts with developers and property owners required.

The city may enter into developer extension agreements and contracts with property owners as determined to be in the best interests of the city upon approval by the council, under the requirements contained in this chapter, or as modified, to meet and accomplish intended results of this chapter. (Ord. 634 § 5.03, 1973).

13.16.230 Sewer construction – Compliance with specifications required.

All building sewers or side sewers which enter into or connect with the public sewer system of the city shall be built of such size, materials, and in such directions and with such grade and in such manner as provided for in the construction requirements as provided in MMC 13.16.270. (Ord. 634 § 6.01, 1973).

13.16.240 Single sewer for each building required.

A single building sewer shall be provided for every building unless the connection of more than one building to a single building sewer is approved by the city prior to the construction of such building sewer. No more than one multi-dwelling, industrial or commercial building shall be connected to the building sewer, unless so approved. If the building sewer is to exist on more than one parcel or building site, approved documents assuring that all properties involved shall have perpetual use of the building sewer, and having provisions for maintenance and access for repair purposes, shall be signed by the owners and shall be acknowledged and recorded with the county auditor and maintained on file with the city. (Ord. 634 § 6.02, 1973).

13.16.250 Use of old sewers permitted when.

Old or existing building sewers may be used only when they are found on inspection and tested to meet all the requirements of this chapter. (Ord. 634 § 6.03, 1973).

13.16.260 Owner responsibility to obtain sewer connection information.

The owner of any building or premises required to connect with a sewer system shall be responsible for obtaining such information from the city to provide adequate connection at the proper location and elevation at the sewer stub or tee at the point of connection and in all instances assure proper plumbing in accordance with existing specifications and related building and plumbing codes. (Ord. 634 § 6.04, 1973).

13.16.270 Construction specifications adopted by reference.

Construction specifications and requirements shall be contained in the exhibits attached to the ordinance codified in this chapter and made a part thereof and consist of:

A. Building specifications, Exhibit A;

B. Material specifications, Exhibit B;

C. Testing, Exhibit C;

D. Plan requirements, Exhibit D. (Ord. 634 § 6.05, 1973).

13.16.280 Prohibited discharges – Grease interceptors required when.

A. It shall be unlawful for any person to deposit garbage, rubbish, dead animals or any substance having a tendency to obstruct the flow of any sewer in any manhole, lamphole, flush tank, or sewer openings and except as provided in this chapter no person shall discharge or cause to be discharged, any of the following described waters, materials, substances or wastes in any public sewer:

1. Storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water or industrial process water, except as may be provided for in unique situations as approved by the city;

2. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

3. Any water or waste which may contain more than 100 parts per million by weight of fat, oil, or grease;

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

5. Any garbage that has not been properly shredded;

6. Any ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

7. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

8. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant;

9. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

10. Any noxious or malodorous gas or substance capable of creating a public nuisance.

B. Grease and oil interceptors shall be required when, in the opinion of the city, they are necessary for the proper handling of wastes containing said substances in excessive amounts, or any flammable wastes or other harmful ingredients. (Ord. 634 § 7.01, 1973).

13.16.290 Preliminary treatment of wastes required when.

A. The admission into the public sewers of any waters or wastes having:

1. A five-day biochemical oxygen demand greater than 300 parts per million by weight; or

2. Containing more than 350 parts per million by weight of suspended solids; or

3. Containing any quantity of substances having the characteristics described in MMC 13.16.280; or

4. Having an average daily flow greater than two percent of the average daily sewage flow of the city;

shall be subject to the review and approval of the city.

B. Where necessary in the opinion of the city, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

1. Reduce the biochemical oxygen demand to 300 parts per million by weight; or

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in MMC 13.16.280; or

3. Control the quantities and rates of discharge of such waters or wastes.

C. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the city, and no construction of such facilities shall be commenced until said approval is obtained in writing. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense. (Ord. 634 § 7.02, 1973).

13.16.300 Industrial waste permit or approval required.

A. No industry shall be allowed to discharge sewage, waters, or wastes until said industry submits to the city an industrial waste permit issued by an agency of the state or has written approval from the council. When required by the city, the owner of any property served by a side sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with Standard Methods for Examination of Water and Sewage, and shall be determined at the control manhole provided for or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected.

B. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industry concerned. (Ord. 634 § 7.03, 1973).

13.16.310 Discharge of violating matter – City determination required.

Before any matter of any nature may be discharged into the sewer system, which discharge might reasonably be considered a violation of this chapter, the controlling characteristic of such matter shall be determined to the satisfaction of the city. The responsibility of initiating such a determination, the costs involved, and of submitting the results of said determination for approval, lie solely with the party or parties desiring to discharge the matter into the sewer system. Verification of these results and the decision as to whether or not a permit shall be issued, shall be the responsibility of the city. The fact that any matter has been discharged into the sewer system prior to the passage of this chapter or subsequent thereto, without objection, does not constitute a valid right to so discharge such matter. Upon discovery by the city that any matter being discharged into the sewer does not conform to the requirements of this chapter, the city may immediately stop the discharge of such matter into the sewer system. (Ord. 634 § 7.04, 1973).

13.16.320 Sewage pretreatment required when.

When at the time it becomes necessary or desirable to discharge into the sewer system any matter from any source which does not conform to the requirements contained in this chapter, it is required that before such matter may be discharged into the sewer system, the producer thereof shall pretreat same at his own expense to a degree that will produce an effluent which does conform to the said requirements. Such pretreatment plants shall be understood to include grease traps, chemical or biochemical plants, sedimentation chambers and any other devices which effect a change of any nature in the characteristics of the matter being treated. Any and all such devices and equipment shall be subject to the approval of the city and shall not be put in operation without a written permit of approval issued by the city and shall be provided with all necessary features of construction to permit inspection of operations and testing of material passing through them and shall be open to the inspection of the city at any time; provided, however, that the producer in lieu of the treatment of said sewage, as herein provided for, may, with the written approval of the city being first obtained, discharge said sewage, waste or other matter into said sewage system, and be subject to the payment of the additional cost of the treatment thereof. (Ord. 634 § 7.05, 1973).

13.16.330 Discharge of septic tank wastes prohibited.

No person, firm or corporation shall discharge septic tank wastes into the sewer system of the city. (Ord. 761 § 1, 1978; Ord. 634 § 7.06, 1973).

13.16.340 Injuring or removing sewers prohibited.

It is unlawful for any person to injure, break, or remove any portion of any manhole, lamphole, flush tank, or any part of the public sewers of the city within the confines of the utility local improvement district or system of sewerage under the jurisdiction of the city. (Ord. 634 § 8.01, 1973).

13.16.360 Violation – Penalty.

Any person, firm or corporation who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Chapter 1.08. (Ord. 634 § 8.03, 1973).