Chapter 13.28
MILL CREEK – POLLUTION
Sections:
13.28.010 Source and location of surface water supply designated.
13.28.020 City jurisdiction over waters and lands – Authority to declare nuisances.
13.28.030 Polluting substances or businesses prohibited where – Violation deemed nuisance.
13.28.070 Permits required for entering water supply area.
13.28.080 Sanitary requirements for persons entering water supply area.
13.28.090 Typhoid carriers – Special restrictions and permit required.
13.28.100 Nuisance removal required – Time limit – Violation – Penalty.
13.28.010 Source and location of surface water supply designated.
Mill Creek in Walla Walla and Columbia Counties, Washington, and Umatilla County, Oregon and the streams and waters tributary thereto, are declared to be sources of surface supply for water for the inhabitants of the city; the waters to be taken from the Mill Creek at the intake in the state of Oregon, and from such other points and places as may, from time to time, be found expedient. (Ord. 2000-9 § 74, 2000: prior code § 6.44.010).
13.28.020 City jurisdiction over waters and lands – Authority to declare nuisances.
The city by this chapter asserts its jurisdiction over all lakes, rivers, springs, streams, creeks and tributaries flowing and emptying into the Mill Creek above the point described in Section 13.28.010 of this chapter and over all property within the areas draining into the lakes, rivers, springs, streams, creeks and tributaries and over all pipes, reservoirs, basins, lands, and appurtenances pertaining to, connected with or in any manner used for carrying, storing, settling or diverting the water from the place or places where the same may be taken, including the right-of-way to the city for the purposes of protecting the water at all points from pollution, and to define and declare what shall be nuisances in the vicinity of the water supply and in the vicinity where the water is being stored or carried and to abate such nuisances. (Prior code § 6.44.020).
13.28.030 Polluting substances or businesses prohibited where – Violation deemed nuisance.
The establishment or maintenance of any slaughter pen, stock feeding yard, hog pen or the deposit or maintenance of any uncleanly or unwholesome substance, or the conduct of any business or occupation, or the allowing of any condition upon or sufficiently near the sources from which the surface water supply for the inhabitants of the city is obtained; or near where water is stored, or near or upon the rights-of-way over which the water is carried or conveyed, or in or upon any place whatsoever so that thereby such water might be or could be thereby polluted or its purity endangered to any extent however slight, is prohibited and declared to be unlawful and a nuisance; and every person, firm or corporation who shall do, establish, maintain or create any of the acts or things by this chapter prohibited shall be deemed guilty of creating and maintaining a nuisance. (Ord. 2000-9 § 75, 2000: prior code § 6.44.030).
13.28.040 Enforcement.
It shall be the duty of the city manager to see that this chapter is enforced and that said waters and the sources thereof are kept free from danger of pollution, and upon complaint being, to investigate the same; and if the complaint appears to be well founded the offender shall be prosecuted and required to pay the costs and expenses of removal and abatement of any nuisance committed. (Ord. 2000-9 § 76, 2000: prior code § 6.44.040).
13.28.070 Permits required for entering water supply area.
A permit shall be required for persons going or attempting to go upon any of the lands or areas above the intake or upon any of the lands draining into any of the water sources mentioned in this chapter. Such permit may be issued by the U.S. Forest Service after agreement by the city manager or his/her designee. Campers shall not be allowed above intake or above any point on Mill Creek from which the city water supply is being taken temporarily. (Ord. 2000-9 § 77, 2000: prior code § 6.44.070).
13.28.080 Sanitary requirements for persons entering water supply area.
No person, including herders of livestock, shall be allowed to go upon or remain upon any of the lands or areas in this chapter referred to for the doing of any continuous work or for any considerable period of time. No person afflicted with or suffering from any communicable ailment or disease shall be allowed to enter or remain within the areas, without a permit; provided, however, that this section shall not prohibit landowners from maintaining permanent homes or camps upon their lands for their personal use, and who comply with all other sanitary regulations to the satisfaction of the city. (Ord. 2000-9 § 78, 2000: prior code § 6.44.090).
13.28.090 Typhoid carriers – Special restrictions and permit required.
No typhoid carrier or person recovering from typhoid fever shall be allowed upon the watershed, whether he or she is the owner of a home, land or camp or not, until he procures from the city health officer a permit to enter and remain there, and then only while he or she continues to make full compliance with all the conditions imposed upon him or her by this chapter and any additional conditions which may be reasonably impose. (Ord. 2000-9 § 79, 2000: prior code § 6.44.100).
13.28.100 Nuisance removal required – Time limit – Violation – Penalty.
Any person convicted for the violation of any of the provisions of this chapter shall have twenty-four hours after such conviction within which to abate and remove any nuisance by such person committed upon or near any of the areas or places mentioned in or covered by this chapter and in case of failure to do so within the time, unless for good cause shown further time be granted by the court, a warrant shall be issued by the court wherein such conviction was obtained, directed to the sheriff of the county in which such nuisance exists, and the sheriff shall proceed forthwith to abate such nuisance and the costs thereof shall be imposed against the person convicted as a part of the costs of the case; or the city may proceed in any court having jurisdiction in a civil action to abate and remove such nuisance and for damages and costs. (Ord. 2000-9 § 80, 2000: prior code § 6.44.080).