This chapter shall be known as the Solid Waste Management Ordinance and may also be so cited and pleaded and shall be cited herein as “this chapter.”(Ord. 1851, passed 8-8-94)
It is declared to be the public policy of the city to regulate solid waste management to:
(A) Ensure safe, economical and comprehensive solid waste service;>
(B) Ensure rates that are just and reasonable and adequate to provide necessary public service;>
(C) Prohibit rate preferences and any other practice that might be discriminatory; and>
(D) Provide for technologically and economically feasible recycling and resource recovery by and through the franchisee.
(Ord. 1851, passed 8-8-94
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
City. The City of Hermiston. Where the city limits are extended, the City shall include extended geographic boundaries.
Compensation. Includes:
(1) Any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons;
(2) The exchange of service between persons; and
(3) The flow of consideration from a person owning, possessing or generating solid waste to another person who provides services or from a person providing services to another person owning, possessing or generating solid waste.
Council.The City Council of the City of Hermiston.
Franchisee. Sanitary Disposal, Inc. to whom a franchise is granted by the City Council pursuant to Ordinance 1851. The franchise shall grant exclusive rights to provide service and solid waste management service for compensation.
Gross Receipts. All revenue received from providing solid waste management service under this chapter.
Person. Any individual, public or private corporation, industry, co-partnership, association, cooperative, firm, trust, estate or any other legal entity whatsoever.
Recyclable Materials. Any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.
Resource Recovery. The process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste.
Service. The collection, transportation, storage, transfer, disposal of or the resource recovery from solid waste.
Solid Waste. All putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes, discarded or abandoned vehicles or parts thereof; discarded home or industrial appliances; manure, vegetable or animal solid and semi-solid wastes, dead animals, infectious waste as defined in ORS 459.005, and other wastes; but the term does not include:
(1) Hazardous waste as defined in ORS 466.005.
(2) Materials used for fertilizer or for other productive purposes or which are salvageable as the materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.
(3) Beverage containers, subject to reuse or refund provisions, contained in ORS 459A.700 through 459A.740.
Solid Waste Management. The prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste; and facilities necessary or convenient to the activities.
Waste. Material that is no longer usable or wanted by the source of the material, which material is to be utilized or disposed of by another person. For the purpose of this paragraph, “utilized” means the productive use of wastes through recycling, reuse, salvage, resource recovery, energy recovery or landfilling for reclamation, habilitation or rehabilitation of land.
(Ord. 1851, passed 8-8-94)
A) Except as otherwise provided in this chapter, it shall be unlawful for any person other than the franchise holder under the provisions of §50.30 below to provide solid waste management service in the city for compensation.
(B) Nothing in this franchise shall:
(1) Prohibit a federal or state agency that collects, stores, transports or disposes of waste, solid waste or recyclable materials, or those who contract with the agencies to perform the service, but only insofar as the service is performed by or for the federal or state agency;
(2) Prohibit any person in the city from hauling his own waste, solid waste or recyclable materials in a lawful manner; provided, however, that no person will be permitted to haul the waste, solid waste or recyclable material for any other person or firm;
(3) Prohibit a generator of source separated recyclable material from selling or exchanging material to any person for fair market value for recycling or reuse;
(4) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings or cesspool pumpings;
(5) Prohibit any person licensed as a motor vehicle wrecker from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts;
(6) Prohibit any person transporting solid waste through the city that is not collected within the city;
(7) Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction or remodeling of a building or structure or in connection with land clearing and development.The waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees;
(8) Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in the business or activity and not engaged in the regular business of collection of putrescible solid waste;
(9) Prohibit a non-profit charitable, benevolent or civic organization from collecting recyclable materials provided that the collection is not a regular or periodic business of the organization.The organizations shall comply with all applicable provisions of this chapter;
(10) Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carrying on of the business of janitorial service, gardening or landscaping service, or rendering.(These sources do not include the collection, transportation or disposal of accumulated or stored wastes generated or produced by other persons.); and
(11) Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 466; provided, however, that franchisee may engage in a separate business of handling the wastes separate and apart from this franchise and chapter.
(Ord. 1851, passed 8-8-94)Penalty, see § 50.99
Unless exempted by §50.15 or franchised pursuant to this chapter, no person shall:
(A) Solicit for service customers;
(B) Advertise the providing of service; or
(C)Transport solid waste other than his own.
(Ord. 1851, passed 8-8-94 Penalty, see § 50.99)
In addition to and not in lieu of compliance with ORS Chapter 459 and other applicable laws and regulations:
(A) Customers shall take appropriate actions to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes are not put into a can, cart, container or drop box.When materials or customer abuse, fire or vandalism causes excessive wear or damage to a cart, container or drop box, the cost of repair or replacement may be charged to the customer.
(B) No unauthorized person shall place materials in or remove materials from a solid waste collection container without permission of the owner of the container.For the purpose of this section, the franchisee is the “owner” of containers supplied by franchisee.Persons to whom the franchisee supplies containers shall be authorized persons within the meaning of this section.
(C) No unauthorized person shall remove solid waste placed out for collection and resource recovery.
(D) Unless permitted by the franchisee, no person shall install or use any container over 32 gallons in capacity for pickup by franchisee other than those supplied by franchisee.The purpose of this division is to insure safe equipment, sizes and weights, and facilitate franchisee utilizing the most efficient collection equipment and methods.
(E) The franchisee is not required to service an underground container unless the person responsible for it places the container above ground prior to the time for collection.
(F) Each customer shall provide safe access to the solid waste container or wastes without risk or hazard to franchisee's employees, the public or franchisee.
(G) No container designed for mechanical pickup shall exceed safe loading weights or volumes as established by the franchisee to protect service workers, the customer, the public and the collection equipment.
(H) No container designed for manual pickup shall exceed 32 gallons in size or 60 pounds in weight when loaded and 18 pounds when empty. The containers shall be made of metal or be solid, fireproof, rodent proof and not be subject to cracking or splitting, and have proper handholds and bails. Containers must be kept in good condition by customer.
(I) Customers using mechanically emptied containers furnished by franchisee shall provide a smooth, level, hard-surfaced area approved by the franchisee for the container.
(J) Unless special service or service equipment is provided by the franchisee for handling unconfined waste, materials such as rubbish and refuse, brush, leaves, tree cuttings and other debris for manual pickup and collection shall be in securely tied bundles or in boxes, sacks or other receptacles, and solid waste so bundled, tied or contained shall not exceed 60 pounds in weight.
(K) Where a customer requires an unusual volume of service or a special type of container requiring substantial investment in equipment, the franchisee may require a contract with the customer as necessary to finance and assure amortization of the equipment.The purpose of this provision is to assure that the equipment does not become a charge against other rate payers who are not benefitted. In no event shall the contract be in effect longer than this chapter.
(L) Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to the user and franchisee.
(M) Any vehicle used by a person to transport solid waste shall be so loaded and operated as to prevent the wastes from dropping, sifting, leaking, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent.
(N) No person shall block access to any container or drop box or roll off box supplied by franchisee.
(O) Every person who generates or produces solid waste shall have removed all putrescible solid waste at least every seven days.More frequent removal may be required where a facility or service involves the public health.All solid waste shall be removed in sufficient frequency as to prevent health hazards or pollution.
(P) All putrescible materials shall be stored in manually emptied containers supplied by the generator or producer or in mechanically emptied containers or drop boxes supplied by the franchisee.When manually or mechanically emptied containers are used, they shall be covered except during loading and emptying.When drop boxes are used, all putrescible materials shall be placed in plastic bags and tied.
(Q) The producer or generator of solid waste shall clean containers and shall keep the area around the container free of accumulated solid waste or wastes. The franchisee shall provide maintenance as required to containers supplied by franchisee.For containers supplied by customer, plastic liners are recommended but not required.
(R) Approved disposal methods shall be as follows:
(1) No person shall burn, dump, bury, collect, remove or in any other manner dispose of solid waste upon any street, alley, public place or private property within the city except as provided in this chapter.
(2) Wastepaper, boxes, rubbish and debris, brush, leaves, grass, wood and cuttings from trees, lawns, shrubs and gardens (but excepting paper, cardboard or wood containers in commercial quantities) may be burned on private property only if the method of burning is approved by the city and is done in accordance with Oregon Department of Environmental Quality rules and regulations.
(S) All putrescible solid waste must be drained of excess liquids and wrapped.
(T) Ashes will be taken only if placed in a plastic bag and tied.
(Ord. 1851, passed 8-8-94)Penalty, see § 50.99
All recyclable materials located, placed or deposited in a container, drop box or receptacle intended to be collected by the franchisee shall belong to the franchisee.It shall be unlawful for any person other than the franchisee to remove recyclable material from the receptacles, and any person removing materials in violation of this section shall be guilty of a misdemeanor and subject to the penalties defined in § 50.99.
(Ord. 1851, passed 8-8-94) Penalty, see § 50.99
There is hereby granted to Sanitary Disposal, Inc., an Oregon corporation, the exclusive right, franchise and privilege of using the streets of the city to provide solid waste management service for commercial, industrial and residential establishments within the city. The rights, privileges and franchise herein granted shall begin on August 9, 1994, and shall be considered as a continuing five-year franchise. That is, beginning January 1 of each year, the franchise will be considered renewed for an additional five-year term, unless at least 30 days prior to January 1 of any year either party shall notify the other party in writing of intent to terminate further renewals of the franchise. Upon the giving of notice of termination, the franchisee shall have a franchise which will terminate five years from the date of the notice of termination of renewals. The Council may later extend the term or reinstate continuing renewals upon mutual agreement with the franchisee. Nothing in this section restricts the Council from suspending, modifying or revoking the franchise for cause pursuant to §50.32 of this chapter. The franchise may be transferred only upon approval of the City Council. The sale of shares, merger, consolidation, reorganization or restructuring in which the current shareholders are no longer the principal owners and managers shall be treated as a transfer of interest requiring approval.
(Ord. 1851, passed 8-8-94)
(A) The franchisee shall provide collection service to any resident of the city as long as the resident pays for the service.
(B) The franchisee shall make available solid waste management service as defined in §50.01 of this chapter to customers in the city not less than once per week.
(C) The franchisee shall use proper and suitable equipment for the hauling, removal and transportation of solid waste. All equipment for transporting solid waste on public roadways within the city shall be covered, and all equipment for handling the waste material shall be equipped with a metal body, water tight and drip proof to the greatest extent practicable. All equipment shall be kept clean at all times, and sufficient equipment shall be kept on hand to properly and adequately remove all solid waste, subject to the terms of this chapter.
(D) Lids shall be replaced on all receptacles by the collector after emptying the receptacle.
(E) The franchisee shall use a disposal facility site that is approved by the Department of Environmental Quality (DEQ) and the city.
(F) The franchisee shall, without charge to the city, pick up, carry away and dispose of any and all waste materials placed by the city in suitable containers which hold solid waste generated by the city. It is understood, however, that the franchisee may impose reasonable charges to the city for extraordinary disposal activities such as the removal of demolition materials.
(G) The franchisee may subcontract with others to provide a portion of the service where the franchisee does not have the necessary equipment or service capability. A subcontract shall not relieve the franchisee of total responsibility for providing and maintaining service and from compliance with this chapter. Franchisee shall provide written notice to the city of its intention to subcontract any portion of the service and receive city approval prior to entering into an agreement. The subcontractor shall comply with all provisions of this chapter.
(H) The franchisee, in conjunction with the city, shall develop and implement an “opportunity to recycle” program that meets the mandated state recycling program requirements.
(I) The franchisee shall permit inspection by the city of the franchisee's facilities, equipment and personnel at reasonable times. The franchisee shall keep proper books and records covering his solid waste collection, removal, disposal and recycling operations, which books and records shall be open to inspection by the city at reasonable times.
(J) The franchisee shall comply with all laws relating to solid waste management service.
(K) The franchisee shall submit a certificate of public liability insurance with a 30 day notice of cancellation clause, acceptable to the city, which will cover its business operation including each vehicle operated by the franchisee. The insurance coverage shall be in amounts not less than the minimum requirements of the Oregon Tort Claims Act as now enacted or hereafter amended. The insurance shall indemnify and save the city against liability or damage which may arise or occur from an injury to persons or property as a result of the franchisee's operation of the solid waste business. The city shall be named as an additional insured.
(L) The franchise granted under this chapter shall be conditioned upon the franchisee indemnifying and saving the city against any liability or damage which may arise or occur to the city of from any injury to persons or property as a result of the franchise holder's operations under this chapter.
(M) The franchisee shall provide a performance bond in the amount of $5,000, with a surety licensed to do business in the state of Oregon, conditioned upon the full and faithful performance of this agreement and franchise and this chapter. In the event that the Council finds that the franchisee has adequate experience and otherwise meets the requirements to guarantee service, it may waive, by resolution, all or part of the bond requirements.
(Ord. 1851, passed 8-8-94) Penalty, see § 50.99
(A) Failure to provide necessary service or otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply shall be grounds for modification, suspension or revocation of the franchise.
(B) After written notice from the Council that the grounds exist, the franchisee shall have 20 days from the date of mailing of the notice in which to comply or request a public hearing before the Council.
(C) At the public hearing, the franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the Council.
(D) If the franchisee fails to comply within the time specified or if the Council hearing is held, with the order of the Council entered upon the basis of findings at the public hearing, the Council may suspend, modify or revoke the franchise or make the action contingent upon continued noncompliance.
(Ord. 1851, passed 8-8-94)
The franchisee agrees, as a condition of this franchise, that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of the franchisee to provide emergency service. If a public hearing is requested by the franchisee, it may be held immediately by the City Council after compliance with the minimum notice requirements for the meetings established by the Oregon Public Meetings Law. The City Council shall return any seized property and business upon abatement of the actual or threatened interruption of service and after payment to the city for any net cost incurred in the operation of the solid waste service.
(Ord. 1851, passed 8-8-94)
The franchisee shall not terminate service to all or a portion of the customers unless:
(A) The street or road access is blocked, and there is no alternate route and provided that the franchisee shall restore service not later than 24 hours after street or road access is opened;
(B) As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or termination is caused by accidents or casualties caused by an act of God, a public enemy or a vandal, or road access is blocked;
(C) A customer has not paid for provided service after a regular billing and after a written notice to the customer, which notice shall be sent not less than 15 days after the first regular billing;
(D) Ninety days written notice is given to the City Council and to affected customers, and written approval is obtained from the City Council; or
(E) The customer does not comply with the service standards of §50.17 of this chapter.
(Ord. 1851, passed 8-8-94)
In the event that an irreconcilable difference arises between the city and franchisee on their respective duties and responsibilities under the franchise or ordinance, an arbitration board shall be chosen, consisting of three persons, one chosen by the city, one by the franchisee and one chosen by the two appointed arbiters who must be approved by both the city and the franchisee. The arbiters shall choose a time, date and place within 30 days of appointment of the last arbiter, to hear both sides of the dispute and promptly render a decision that is binding on both the city and the franchisee. Where good cause is shown and recorded in the minutes, the time for decision may be extended as absolutely necessary. Procedure chosen may be that of the American Arbitration Association or that specified in ORS Chapter 36 for court supervised arbitration. Costs shall be split equally between the city and franchisee unless the arbitrators make an award of costs including, without limitation, arbiters' time.
(Ord. 1851, passed 8-8-94)
The city or the franchisee may propose amendments to this franchise. Proposed amendments shall be in writing and shall be delivered to the city and the franchisee. The City Council shall hold a public hearing on the proposed amendments. Franchisee shall be given at least 30 days written notice of the hearing. The City Council may, after public hearing, adopt the amendments. The franchise shall be amended upon acceptance of the amendments by franchisee.
(Ord. 1851, passed 8-8-94)
Any person who receives solid waste management service from the franchisee shall be responsible for payment of service. The rates to be charged to all persons by the franchisee shall be reasonable and uniform, taking into consideration the cost of performing the service rendered by the franchisee, the anticipated increase in the cost of providing this service, the necessity that the franchisee have a reasonable operating margin, and rates and fees charged in other and similar municipalities.The rates may be changed by resolution during the term of the franchise if approved by the City Council.The rates shall be on file at the Finance Director/Recorder's office for public inspection.
(Ord. 1851, passed 8-8-94)
The city shall do the billing and collecting of solid waste service fees and shall retain 13% of the gross collections in payment of 2% franchise fee and 11% for billing and collection service, and pay the balance to Sanitary Disposal, Inc.The percentage shall be reviewed and may be changed by resolution of Council at any time when the franchisee submits a request for rate review.
(Ord. 1851, passed 8-8-94; Am. Ord. 1924, passed 2-10-97)
Any person violating any of the provisions of this chapter penalized as provided in §10.99 commits a Class A violation.Franchise holders shall be subject to the penalties provided herein for the violation of the provisions of this chapter.
(Ord. 1851, passed 8-8-94; Am. Ord. 1976, passed 10-26-98)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other terms contained in this chapter shall have the definitions attributed in the city's general ordinances. Terms for land, parcels, rights-of-way shall be further defined as necessary by the Oregon Revised Statutes.
(1) Any non-governmental, non-residential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1971, Office of Management and Budget, as amended and supplemented under one of the following divisions:
(a) Agriculture, Forestry and Fishing;
(b) Mining;
(c) Manufacturing;
(d) Transportation, communications, electric, gas and sanitary services; and
(e) Services.(2) In determining the amount of a user's discharge for purposes of industrial cost recovery, the grantee may exclude domestic wastes or discharges from sanitary conveniences.
(Ord. 1737, passed 6-24-91)
(A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
(B) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this subchapter.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
(A) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(B) The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer in the city are hereby required at their expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line.
(C) Should sewage be discharging to natural outlets, the ground surface, or into domestic water supplies, connection may be required within five working days of notification to connect. The required connections shall pay all fees and charges contained herein.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
(A) Where a public sanitary sewer is not within 300 feet, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the applicable regulatory agencies.
(B) Upon connection to a public sewer disposal system shall clean, abandon, and eliminate the private sewage system in accordance with applicable regulations.
(C) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
No unauthorized person shall maliciously willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
(A) The wastewater utility may cause the provision of wastewater service terminated when necessary for repair, connection, extension and other times as shall be necessary to maintain and extend the utility.
(B) The minimum size of wastewater mains required to serve any part of the city shall be eight inches. Any developer or subdivider shall install the necessary wastewater system and all appurtenant work at its sole expense. Should a development require wastewater mains in excess of eight inches, the City Manager, or his/her designee, will make the final decision on the size of the mains to be installed by the developer or subdivider. The actual size of public sewers required for subdivision or development shall be determined by the city administration based on design flows for maximum consumption. If the City Manager or his/her designee requires the developer to install wastewater lines in excess of eight inches in order to provide for future wastewater capacity, the City Manager, or his/her designee, may negotiate a reimbursement agreement with the developer or subdivider for the balance between the developer's or subdivider's actual cost for materials of eight inch wastewater mains and the size required by the city, subject to budget fund availability. Only the cost for increases in materials is reimbursable.
(C) All public sewers required to serve a subdivision or development shall be installed by the individual initiating development or subdivision. Detailed plans and specifications in accordance with standards promulgated by the city shall be formally approved by the city and no construction shall commence until approval is granted in writing and a preconstruction conference is held with the individual, and contractors involved in construction, and the city.
(D) All public sewer extensions shall be made to the farthest point of land upon which a development or subdivision is to occupy so far as it is technically and geographically feasible.
(E) When any person constructs a public sewer through undeveloped or underdeveloped areas to serve his property or constructs on the perimeter of his property, the entire cost of the public sewers shall be paid by the person. The person may request an agreement with the city for reimbursement when service connections are made to the main. Agreements shall provide for a construction charge per front foot and, if so collected by the city, shall be paid to the original installer as provided in the reimbursement agreement.
(F) An individual's right to reimbursement through agreements shall not exceed ten years from the date of the completion of construction of the covered improvements. All payments to the original installer shall ease at the expiration of the agreement. A construction charge as provided herein may be collected by the city subsequent to the expiration of the agreement. Any fees so charged shall be credited to the utility fund exclusively for the improvement of production or distribution facilities of the city. This section shall not affect those agreements in place at the time of adoption of this chapter.
(G) The city may construct any public sewer necessary for the utility system. Upon construction, the city may, by resolution, establish the reimbursement fees for any sewer works constructed. Any fee will be collected upon connection to the system in accordance with this chapter.
(H) All public sewers shall be dedicated to the city upon formal acceptance by the city administration on behalf of the city. In no case shall any public sewer connected to the city system be held in any ownership other than that of the city. The installer of the public sewers shall guarantee the installation for one year from and after the date of acceptance by the city.
(Ord. 1737, passed 6-24-91; Am. Ord. 2028, passed 12-11-00)
(A) The city administration or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. The city administration or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers of waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties, as defined in this chapter the city administration 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 may be caused by negligence or failure of the company to maintain safe conditions.
(C) The city administration or other duly authorized employees of the city bearing proper credentials and 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 the 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. 1737, passed 6-24-91) Penalty, see §51.999
Any person found to be violating any provision of this chapter, except provisions on protection from damage, and except for the provisions of §§51.090 through 51.097, shall be served by the city with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(Ord. 1737, passed 6-24-91)
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 the violation.
(Ord. 1737, passed 6-24-91)
The city may discontinue service for failure to observe all terms of this chapter. Any costs incurred for discontinuation will be paid by the user in accord with this chapter.
(Ord. 1737, passed 6-24-91)
(A) Any person who shall continue any violation of the provisions of §§51.002 through 51.076 beyond the time limit provided in §51.111 commits a Class A violation. Each day in which any violation shall continue shall be deemed a separate offense. (Ord. 1737, passed 6-24-91; Am. Ord. 1976, passed 10-26-98)
(B) Any user which is found to have violated any provision of §§51.090 through 51.097, permits and orders issued thereunder, or any other pretreatment requirement commits a Class A violation shall be fined in an amount designated by the city, if not specified, up to $1,000 may be assessed per violation. Fines shall be assessed on a per violation, per day basis. Fines assessed may take into consideration, the magnitude of the violation and the willingness of the industrial user to return to compliance. In the case of monthly or other long-term average discharge limits, fines may be assessed for each business day during the period of violation.
(1) Assessments may be added to the user's next scheduled sewer service charge and the city shall have other collection remedies as may be available for other service charge fees.
(2) Unpaid charges, fines, and penalties together with interest therefrom shall constitute a lien against the individual user's property, and may constitute cause for revocation of the industrial user's discharge permit. If an industrial user fails to file a timely and complete request to review enforcement action, the user shall be deemed to have consented to pay the fine assessed and to comply with all other terms of the enforcement action.
(C) Any industrial user which has violated or continues to violate §§51.090 through 51.097, any order or permit thereunder, or any other pretreatment requirement shall be liable to the city for a maximum civil penalty allowed under the laws of the state, but not less than $ 1,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each business day during the period of this violation.
(1) The city may recover reasonable attorney's fees, court costs, and other expense associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(2) In determining the amount of civil liability, the court shall take into account relevant circumstances, including, but not limited to, the extent of harm caused by the violation, co-effective actions by the industrial user, the compliance history of the user and any other factors as justice requires.
(3) Where appropriate, the city may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user's expense in undertaking the project is at least 150% of the civil penalty.
(D) Any industrial user who willfully or negligently violates any provisions of §§51.090 through 51.097, any orders or permits issued thereunder, or any other pretreatment requirement shall, upon conviction, be sentenced to a specific fine violation not to exceed $1,000.
(1) Any industrial user who knowingly makes any false statement, representations, or certification in any application, record report, plan, or other documentation filed or required to be maintained pursuant to §§51.090 through 51.097 or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurately any monitoring device or method required under this subchapter shall, upon conviction, be sentenced to a specific fine violation not to exceed $1,000.
(2) In the event of a second conviction, the user shall be punishable by a specific fine not to exceed $3,000 per violation per day.
(Ord. 1941, passed 11-24-97; Am. Ord. 1976, passed 10-26-98)
(A) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(B) Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the city administration. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city and applicable regulatory agencies to a storm sewer, combined sewer or natural outlet.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
(B) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanide in excess of two mg/l or CN in the wastes as discharged to the public sewer;
(C) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; or
(D) Solid or viscous substances in quantities or of the size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc.; either whole or ground by garbage grinders.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the city administration that the wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming opinion as to the acceptability of these wastes, the city administration will give consideration to the factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(A) Any liquid or vapor having a temperature higher than 150°F (65°C).
(B) Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150°F (0 and 65°C)
(C) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city administration.
(D) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not.
(E) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to the degree that any material received in the composite sewage at the sewage treatment works exceed the limits established by the city administration for the materials.
(F) Any waters or wastes containing phenols or other taste or odor-producing substances in concentrations exceeding limits which may be established by the city administration as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction of the discharge to the receiving waters.
(G) Any radioactive wastes or isotopes of the half?life or concentration as may exceed limits established by the city administration compliance with applicable state or federal regulations.
(H) Any waters or wastes having a pH in excess of 9.5.
(I) Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as but not limited to fullers earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).
(2) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
(J) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
(A) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in §51.022 of this chapter, and which in the judgment of the city administration may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the city administration may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of §51.076 of this chapter.
(B) If the city administration permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city administration and subject to the requirements of all applicable codes, ordinances and laws.
(Ord. 1737, passed 6-24-91)
(A) A grease interceptor shall be installed on all building sewers for all commercial and multiple dwelling unit users. Any conversion to commercial or multiple dwelling use shall be required to install a grease interceptor. The requirement for a grease interceptor may be waived by the city administration when a written request is filed indicating all of the following:
(1) The waste stream from the commercial establishment meets the terms of domestic waste defined in this chapter; and
(2) No kitchen facilities for public service, or service to more than ten residents or dwelling units as defined herein.
(B) Oil and sand interceptors shall be required when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administration and shall be located as to be readily and easily accessible for cleaning and inspection. The city administration shall make the final determination of the requirements.
(Ord. 1737, passed 6-24-91)
Where preliminary treatment or flow equalizing 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. 1737, passed 6-24-91) Penalty, see § 51.999
When required by the city administration, the user of the sewage system from any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the administration. The manhole shall be installed by the user at the user's expense and shall be maintained by the user so as to be safe and accessible at all times.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
(A) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health association and shall be determined at the control manhole provided or upon suitable samples taken at the 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 building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards or unacceptable constituents.
(B) The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
(Ord. 1737, passed 6-24-91)
No statement contained in this sub-chapter 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 therefore, by the industrial concern.
(Ord. 1737, passed 6-24-91)
(A) 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 all required permits and paying all applicable fees.
(B) Any person developing property or seeking to connect to the sewage works, shall submit an application on the prescribed form, including all required information. A fee prescribed by resolution of the Council for classes of connection, inspection, construction reimbursement charges, fees in lieu of assessment, or similar required payments shall be made at the time of application. Persons developing or connecting property previously connected to the public treatment works without change in use, shall not be subject to the fees provided herein. Change in use shall be as defined in §51.001 of this chapter.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
(A) Fees established for any person developing or connecting to a public sewer shall include:
(1) Connection and inspection fee. The direct charge levied by the city for the connection to the sewage treatment works. Fees, classifications, and amounts shall be established by resolution of the City Council.
(2) Construction reimbursement. A direct fee established by resolution to reimburse the construction cost of a public sewer as provided in this chapter.
(3) Fee in lieu of assessment. A fee required for persons connecting or developing adjacent to a public sewer which was constructed at the expense of the utility rate payers and for which the benefiting property was not assessed at the time of installation, and are not subject to construction reimbursement as provided herein. No fee in lieu of assessment shall be levied in addition to a construction reimbursement fee.
(B) Fee in lieu of assessment and construction reimbursement paid in accordance with the following:
(1) Where developing properties have multiple frontages, the fee shall be charged to the longest available frontage, regardless of possible point of connection. The records of the city shall reflect the charge.
(2) Where private contractors have installed facilities at their own cost, the fees shall be paid to the city for payment to the private contractor as established by the terms of a reimbursement agreement, otherwise the fee shall be paid to the city or deposit in the utility fund.
(3) The city may require new facilities to be constructed to serve developing properties. Actual cost of construction for the new public sewer will be utilized as an offset to or actual waiving of construction reimbursement or fees in lieu of assessment based upon the actual construction cost of public sewer required. No construction offset for fees may be transferred to any other person or property. Any balance of construction reimbursement or payment in lieu of assessment fees due after allowing for construction offset, shall be paid by the person developing or connecting.
(Ord. 1737, passed 6-24-91)
All costs and expense incident to the installation and connection of the building sewer shall be borne by the person causing the connection. The person causing the connection shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 1737, passed 6-24-91)
(A) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(B) Old building sewers may be used in connection with new buildings only when they are found on examination and test, by the city administration, to meet all requirements of this chapter.
(Ord. 1737, passed 6-24-91)
(A) 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 other applicable rules and regulations of the city.
(B) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. Building sewer connections shall be allowed into a manhole, a line fitting specifically designed for building sewers, or with a tapping saddle approved by the city administration.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
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 the building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. 1737, passed 6-24-91)
No person shall make connection of roof downspouts, exterior foundation drains, area way 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. 1737, passed 6-24-91) Penalty, see § 51.999
The applicant for the building sewer permit shall notify the city administration when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city.
(Ord. 1737, passed 6-24-91)
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, and any other permits required by the general ordinances of the city.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
User charges shall be levied on all users of the public treatment works which shall cover the cost of operation and maintenance, debt service and other administrative costs of treatment works. The user charge system shall distribute these costs in proportion to each user's contribution to the wastewater loading of the treatment works.
(Ord. 1737, passed 6-24-91)
Since the only wastewater characteristic which influences costs of operation and maintenance in the Hermiston Treatment Works is volume, a flow charge shall be established so that all costs associated with this treatment works shall be distributed in proportion to each user's volumetric contribution to the waste stream.
(Ord. 1737, passed 6-24-91)
(A) Classification of users. Certain users shall be grouped into classes of users discharging approximately the same volume of wastewater and shall be levied a flat charge which is calculated from the flow charge by applying the average volume for that class.
(B) Non-metered users. Those users who are not in one of the user classes with assigned average flow volumes and whose water consumption or wastewater discharge is not metered shall be assigned an approximate wastewater and shall be billed on the flow charge according to this assigned volume.
(C) Appeal. Should any user believe that he has been incorrectly assigned to a particular user class or should any user believe that a portion of his metered flow is not discharged into the sewerage system, that user may apply for review of his user charge as provided in this chapter.
(D) Reassignment of a user. Should the city determine that a user is incorrectly assigned to a user class, they shall reassign a more appropriate user class to that user and shall notify that user of the reassignment.
(Ord. 1737, passed 6-24-91)
Records of all assigned rates and any assigned wastewater volumes to user and user classes shall be kept on file with the city and shall be open for public inspection.
(Ord. 1737, passed 6-24-91)
The sewer user charges are hereby established as follows:
(A) Sewer user service charges established. The City Council shall establish the charges by resolution. The charges, except as hereinafter set forth, are established for all dwelling units and motel units at a uniform rate and all property other than the above-described dwelling units and motel units shall be based upon the quantity of water reaching the premises from the city water system, private water system or from private sources of supply, including water from the ground of the premises or elsewhere.
(B) Dwelling units. The rate of sewer user service charge against each and every dwelling unit (any housing unit with sanitary and kitchen facilities designed to accommodate one or more residents, multiple housing units, mobile homes and trailer spaces, but excluding commercial (transient) housing units such as hotel and motel units, and retirement homes with ten or more units under one roof, containing therein a dining room facility regularly open a minimum of six days per week, primarily for the use of the residents and their guests), shall be established by resolution. Independent laundry facilities serving multifamily, mobile homes and trailer units shall be considered a dwelling unit for billing purposes.
(C) Motel units. The rate of sewer user service charge against each and every motel unit (and motel unit used for transient housing) shall be established by resolution.
(D) Commercial independent discharge. As defined in §51.001, users of this class must operate and maintain independent wastewater disposal facilities which are currently licensed by the state for the disposal of wastewater. During all times when approved and licensed wastewater facilities are operable, the rate for discharge to the public treatment works will be based on the actual metered flow of discharge, or will be based on the calculated discharge of each employee per shift per day, in accordance with the resolution of the City Council.
(1) Metered users of this class will provide access to city personnel to read the meter in each billing period.
(2) Metered users of this class will provide an annual calibration and certification of the metering device from an individual certified for verification.
(3) Non-metered users of this class shall provide a verified employee count and total hours worked during the billing period. The city will establish the date for the submittal with each user. Employee information must be expressed in total employees per shift per day.
(4) In the event that independent discharge facilities are not operating, or for any other reason the total discharge of a user in this class is provided to the public treatment works, user rates will be calculated in accord with the commercial account category, or in the event that the discharge exceeds 25,000 gallons per day, an industrial cost recovery rate will be applied in accord with this chapter.
(5) Should users of this class not provide access to the waste meter, verification of meter accuracy, or employment information as required, the user shall be billed at the commercial rate.
(E) Commercial users. All users and user groups not specifically defined herein shall be considered commercial for purposes of this user rate. The rate of sewer user service charge shall be on the basis of water consumption through both public and private water supplies. The base charge shall apply on the basis of each water supply meter and each un-metered water supply line.
(1) Average billing method.
(a) Any user of this group may qualify upon written request for a winter average billing method if, water consumption from public or private water supply is 50% higher in the months of May, June, July, and August than the winter time average in the months of November, December, January and February, and all additional consumption is not returned to the public treatment works.
(b) If the user qualifies for a winter average billing method, the average consumption will be used to bill the months of March through October and actual consumption in November through February. The winter average will be annually updated to the most recent continuous use in the winter months, and this updated average used to bill the ensuing eight month period.
(2) Special billing method. Any commercial user which utilizes delivered water as an integral part of a produced product, shall be billed based upon a waste meter, or in the same manner as provided for commercial independent discharge accounts.
(3) Multiple commercial accounts. When more than one independent business is within a single structure, the commercial rate and number of commercial minimum charges applicable to the account shall be based upon the number of independent sanitary facilities provided in the structure. The charge shall be equal to the sum of commercial unit charges times the commercial unit minimum rate, plus a charge on water consumption which exceeds the allowance per commercial unit.
(F) Combined dwelling units and others. Where both dwelling units and motel units are combined on the same water supply, the charges shall be at the dwelling unit rate plus the motel unit rate. Where both dwelling units and commercial occupancies are combined on the same water supply, the charges shall be at the dwelling unit rate required with an additional charge based on water consumption. Consumption charges will be calculated allowing a reduction in total consumption equal to the gallons allowed in the base rate of consumption per dwelling unit. The charge shall be equal to the sum of the dwelling units increased by one unit, all charged at the dwelling rate, plus a charge on that water consumption which exceeds the allowance per dwelling unit. The lowest charge shall be equal to the number of dwelling units increased by one unit and charged at the dwelling unit rate.
(Ord. 1737, passed 6-24-91)
The sewer user charge shall begin on the date of connection to the system based on the used categories in this code. Once the sewer user charge has commenced, no credit shall be given to any commercial or single dwelling unit account unless it can be demonstrated that all water sources to that property have been discontinued. If the date upon which the user charge is commenced or altered does not fall on the first day of a billing period, the rates shall be apportionately prorated.
(Ord. 1737, passed 6-24-91)
Sewer use charges as described in the resolution adopting user rates shall be billed for each unit, unless the owner or manager thereof provides a specific listing of vacant units within a structure on the date prescribed by the city. If proof of vacancies is provided, sewage use shall be calculated based on the occupied units times the applicable rate per unit, however, in no event will the number of units billed be less than one unless it can be demonstrated that all water sources to the structure have been discontinued. Failure to provide a listing of occupied units on the prescribed date will cause the billing to the user to be based on the total number of dwelling units times the dwelling unit rate.
(Ord. 1737, passed 6-24-91)
For the user classes billed on a consumption basis, all water supply shall be considered, whether public or private. In the event water meters are not in place, inoperative, or for some reason cannot be read, all consumption will be based on the estimated water consumed. Where estimations must be made for multiple billing periods, the user shall be allowed a consumption base allocation equivalent to the amount estimated, and all actual consumption billed at the appropriate rate. In the event estimated consumption exceeds actual consumption, the user will be credited
with any amounts paid in excess of actual consumption. Where no meter exists, bills will be as provided in this sub-chapter.
(Ord. 1737, passed 6-24-91)
(A) On-site disposal waste. Charges for dumping on-site disposal wastes at the city's sewage treatment plant shall be based on the measured gallonage deposited. These charges shall cover costs of operation and maintenance of the treatment plant and any appropriate local capital costs allocable to the treatment of these wastes and shall be in accord with the resolution of the City Council adopting rates for this class of use.
(B) Hours. Hours for acceptance and locations for disposal of on-site wastes shall be established by the city. No waste will be accepted for disposal at any other time or location.
(C) Samples. Prior to depositing, a sample of waste proposed to be deposited shall be taken. If there is no biological activity in the waste, or if any constituent of the waste is identified which violates the provisions of this chapter for deposit in public sewers, the waste will be rejected.
(D) Restrictions. The city may establish maximum volume and strength restrictions on deposited waste. Any restrictions shall be promulgated in writing to the depositors of the waste.
(E) Violations. Any waste deposited which violates the terms of this subchapter, shall be removed by the city with all costs of personnel, equipment, and damages assessed to the depositor.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
Sewer user charges and other fees and assessments shall be established from time to time by resolution of the City Council. User charges shall, at a minimum, provide sufficient revenue to meet the costs of operation, maintenance, replacement, and financing of the treatment works. Charge system shall be designed in accord with this chapter to provide a proportional distribution of costs based on the total waste loading of the system.
(Ord. 1737, passed 6-24-91)
The user of the sewage system shall be responsible for payment of the sewer user charge.
(Ord. 1737, passed 6-24-91)
(A) The users of the sewerage system shall be billed on a monthly basis for services after rendered in accordance with the rate schedule.
(B) The date of the billing shall be in accordance with the monthly cycle billing.
(C) Notice of billing, delinquencies, and all other required information shall be deemed to have been given by the city to property owners when notices are placed in the United States mail with postage prepaid and addressed as shown in the utility records. Failure of owner to provide address change information will not cause notice to be defective. Notice of termination of sewer service may also be made by hand delivery or posting at the consumer's place of use.
(D) Sewer user charges shall be due and payable to the city no later than ten days after the date of billing.
(Ord. 1737, passed 6-24-91; Am. Ord. 1926, passed 4-14-97)
(A) All bills unpaid ten days after date of issuance shall be considered delinquent and additional charge of 5% shall be made on the gross amount of the billing and notification by mail shall be given to the consumer at the address of the premises being served that the bill, with the 5% delinquency charge, shall be paid within ten days.
(B) In the event of failure to pay sewer charges after they have become delinquent, the city shall have the right to remove or close sewer connections and to enter upon the property for accomplishing the purposes. The expense of discontinuance, removal or closing, as well as the expense of restoring service, shall be a debt to the city and shall be paid by the user. The city may use the sewer user deposit to pay the debt.
(C) Sewer service shall not be restored until all charges, including delinquent charges and the expense of removal, closing and restoration, shall have been paid.
(Ord. 1737, passed 6-24-91)
No user may receive sewer service at any location if the user has outstanding unpaid bills at any other location until all outstanding amounts owed by that user are paid in full.
(Ord. 1737, passed 6-24-91)
(A) Any sewer user who feels his user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written application to the city requesting a review of his user charge. The written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
(B) Review of the request shall be made by the City Council and the city administration and shall determine if it is substantiated or not, including recommending further study of the matter.
(C) If the request is determined to be substantiated, the user charges for that user shall be recomputed based on the approved revised flow and/or strength data and the new charges thus recomputed shall be applicable retroactively up to six months, as applicable.
(Ord. 1737, passed 6-24-91)
(A) All industrial users shall be required to pay that portion of the federal assistance grant under PL 92-500 allocable to the treatment of waste from the users.
(B) The system for industrial cost recovery shall be implemented and maintained according to the following requirements:
(1) Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total federal grant amount divided by the recovery period.
(2) The industrial cost recovery period shall be equal to 30 years or the useful life of the treatment works, whichever is less.
(3) Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after the user begins use of the treatment works.
(4) An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works, such as strength, volume and flow rate characteristics. As a minimum, an industry's share shall be based on its flow versus treatment works capacity except in unusual cases.
(5) An industrial user's share shall be adjusted when there is a substantial change in the strength, volume or flow rate characteristics of user's wastes, or if there is an expansion or upgrading of the treatment works.
(6) An industrial user's share shall not include any portion of the federal grant amount allocable to unused or unreserved capacity.
(7) An industrial user's share shall include any firm commitment to the city of increased use by the user.
(8) An industrial user's share shall not include an interest component.
(C) This requirement applies only to those features of wastewater treatment and transportation facilities which have been constructed with federal assistance administered by the U.S. Environmental Protection Agency under PL 92-500.
(Ord. 1737, passed 6-24-91)
(A) The objectives of this sub-chapter are:
(1) To prevent the introduction of pollutants into the city sanitary sewerage systems which will interfere with the operation of the system;
(2) To prevent the introduction of pollutants into the city sanitary sewerage system which will pass through the system, inadequately treated, into receiving waters or the atmosphere otherwise will be incompatible with the system;
(3) To ensure that the quality of the city's wastewater treatment plant sludge is maintained at level which allows its beneficial reuse;
(4) To protect the city and city personnel who may come into contact with sewage, biosolids and effluent in the course of their employment as well as protecting the general public;
(5) To preserve the hydraulic capacity of the city's wastewater system;
(6) To provide for equitable distribution of the cost of operation, maintenance and improvement of the city's wastewater system; and
(7) To ensure the city is able to comply with its NPDES permits conditions, biosolids use and disposal requirements and any federal or state laws which the city's wastewater system subject to.
(B) This sub-chapter provides for the regulation of discharges to the city wastewater system through the issuance of permits to certain industrial users, through establishment of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures and requires user reporting.
(C) This sub-chapter shall apply to all activities within the boundaries of the city, and to activities and persons outside the city who cause or permit a discharge, direct or indirect, to the city's sanitary sewerage systems.
(Ord. 1941, passed 11-24-97)
(A) Abbreviations. The following are a list of abbreviations that may appear in the document and be relative to the USEPA National Pretreatment Program:
(B) Definitions. For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If this section expressly provides a different definition than ordinances or resolutions of the city, this section shall prevail. Certain terms are listed with reference to a specific statute or rule, which definitions are incorporated by reference.
(1) The president, secretary or a vice president of the corporation in charge of principal business function or any other person who performs similar policy or decision-making functions for the corporation; or
(2) The manager of one or more manufacturing, production or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(a) If the industrial user is a partnership, association or sole proprietorship, Authorized Representative shall mean a general partner or the proprietor.
(b) If the individual user is representing federal, state or local governments, or an agent thereof, an Authorized Representative shall mean a director or highest official, appointed or designated to oversee the operation and performance of the activities of the government facility.
(c) The individuals described in the divisions above may designate another Authorized Representative of the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company, and the authorization is submitted to the city.
(1) Inhibits or disrupts the municipal wastewater system, its treatment processes operations, or its solids handling processes; use or disposal; and
(2) Therefore is a cause of a violation of any requirements of the NPDES permit (including an increase in magnitude or duration of a violation) or of the prevention of biosolids use or disposal in compliance with the following statutory provisions and regulations of permit issued thereunder (or more stringent state or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including Title H, 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, as defined in 40 CFR 403.3 (i).
(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 (c) of the Act which will be applicable to the source, if the standards are thereafter promulgated in accordance with this section provided that:
(a) The building, structure, facility or installation is constructed at a site where no other source is located;
(b) The building, structure, facility or installation completely replaces the process production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site in determining whether there are substantially independent factors as the extent to which a 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.
(2) Construction on a site at which an existing source 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 the divisions above but otherwise alters, replaces or adds to existing process or production equipment.
(3)Construction of a New Source as defined under this division has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation or removal existing buildings, structures or facilities which is necessary for the placement, assembly or installation of New Source facilities or equipment;
(b) Entered into a binding contractual obligation for the purchase of facilities equipment that is 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 division.
(1) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Sub-chapter N;
(2) Any other industrial user that discharges an average of 25,000 gallons per day or more process wastewater to the POTW (excluding sanitary, non-contact cooling and boiling blow-down wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather, hydraulic or organic capacity of the POTW treatment plant; or is designated as by the Control Authority as defined in 40 CFR 403.12 (a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)); and
(3) Upon finding that an industrial user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12 (a)) may at any time, on its own initiative or in response to a petition receive from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that the industrial user is not a significant user.
- Slugload. Any pollutant including BOD and COD, released in a non-routine, episodic, non-customary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in §51.092.
- Storm Drain or Storm Sewer. A sewer which carries stone and surface waters and drainage, but excludes sewage and industrial waste, other than unpolluted cooling waters.
- Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
- Suspended Solids or Total Suspended Solids (TSS). The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquid, and which is removable by laboratory filtering.
- Treatment Plant. The portion of the POTW designed to provide treatment of sewage and industrial wastes.
- Toxic Pollutants or Pollutants. Those substances listed in 40 CFR Part 122, Appendix D, which is expressly incorporated herein, and any other substance(s) which, either singly or by interaction, may injure or interfere with any wastewater treatment process; may constitute a hazard to humans or animals; or may exceed any limitation adopted as a Categorical Pretreatment Standard.
- Upset. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this regulation, or limitation of a discharge permit, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless improper operation thereof.
- USEPA.The United States Environmental Protection Agency.
- User. Any person who contributes, causes or permits the contribution of wastewater into the city wastewater collection system and treatment facility. User is also defined as the person who is responsible for the payment of the sewer system charge.
- User Charge. The periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance.
- Waste. Wastewater and all other Waste substances, liquid, solid or gaseous Waste resulting from any industrial, manufacturing, trade or business process or from the development recovery or processing of natural resources.
- Wastewater. Waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
- Wastewater System or System or City Wastewater System or City System . All city treatment works; all city sewers, pipes, and other conveyances discharging thereat and all devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature.This shall include any portion of the system owned and maintained by a city.
- Watercourse. A channel in which a flow of water occurs, either continuous or intermittently.
(Ord. 1941, passed 11-24-97)
(A) General discharge prohibitions.
(1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, road runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(2) Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the City Administration. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city and applicable regulatory agencies to a storm sewer, combined sewer or natural outlet.
(3) No Industrial User (IU) shall discharge, cause or permit to be discharged, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general and specific prohibitions apply to all IUs of the city's wastewater system whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
(B) Specific discharge prohibitions. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes into the system:
(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the facilities or operations of the city. This prohibition include waste streams with a closed cup flash point of less than 140°F or 6°C, using the test method specified in 40 CFR 261.21; or any waste stream which two consecutive readings on an explosive hazard meter, at the point discharge into the system (or at any point in the system), are more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
(2) The flammable or explosive substances including, but are not limited to, gasoline, kerosene, naphtha, benzene, hexane, toluene, xylene, ethers, alcohols, ketones, aldehyde peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(3) Solids (greater than ½-inch in any dimension) or viscous substances (including but not limited to petroleum oil, non-biodegradable cutting oil or products of mineral oil origin which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system including, but not limited to: animal and vegetable-based fats, wax, grease or oils, emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C).
(4) 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, personnel of the city system, unless the city approves the waste in variance because special conditions in the system, but in no case shall the pH be less than 5.0.
(5) (a) Any wastewater containing pollutants or other wastes in sufficient quantity (flow concentration including, but not limited to BOD, COD, etc.), either singly or by interaction, to pass through or interfere with any wastewater treatment or solids handling and utilization process, or constitute a hazard to humans or animals, or to exceed any limitations adopted as categorical pretreatment standards.
(b) A toxic pollutant shall include, but not be limited to, any pollutant identified in the “Toxic Pollutant List” set forth in 40 CFR Part 122, Appendix D.
(c) All toxic pollutants shall be deemed to be prohibited or regulated substances for purposes of this sub-chapter.
(6) Any noxious or malodorous liquids, gases, solids or other wastewater which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair. No discharge shall result in toxic gases, vapors or fumes within the collection or treatment system in a quantity that may cause worker health and safety problems.
(7) Any substance which may cause the system's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process or any substance which may cause the system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state standards applicable to the solids management methods being used.
(8) Any sludges, screenings or other residues from the pretreatment of industrial wastes.
(9) Any substance discharged in such a strength as to potentially cause the city system to violate its NPDES and/or other disposal system permits.
(10) Any trucked or hauled pollutants, except at discharge points designated by the city.
(11) Any substances identified as hazardous waste according to 40 CFR Part 261, except specifically authorized by the city.
(12) Any wastewater having a temperature which will inhibit biological activity in any city treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW (measured at the nearest downstream manhole) which exceeds 104°F or 40°C.
(13) Any slugload.
(14) Any unpolluted water including, but not limited to, non-contact cooling water, rainwater, groundwater, surface drainage, roof drainage, water from yard fountains, ponds or pool (except filter backwash water from swimming pools and to reject water) unless prior written approval has been obtained from the city.
(15) Any wastewater containing any radioactive wastes or isotopes (except those included in “Oregon Regulations for the Control of Radiation,” OAR 333-22-150, of the half-life or concentration as to exceed limits established by the city or any applicable state or federal regulations.
(16) Any wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the city NPDES permit.
(17) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids (such as but not limited to fullers, earth, lime substrate and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate);
(b) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions);
(c) Unusual BOD, chemical oxygen demand (COD) or chlorine requirements in the quantities as to constitute a significant load on the sewage treatment works; and/or
(d) Unusual volume of flow or concentrations of wastes constituting “slugs” as defined herein.
(18) Waters or wastes containing substances which are not amenable to treatment or reduction by sewage treatment processes employed or are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(19) Wastes prohibited by this section shall not be processed or stored in a manner so that these wastes could be discharged to the municipal wastewater system.
(C) Dilution. No user shall increase the use of potable or process water in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this sub-chapter or its discharge permit or in lieu of proper disposal of any material as solid waste. The city may impose mass limitations on dischargers that in its judgment appear to be using dilution to meet applicable pretreatment standards or requirements of this section, or in cases where the imposition of mass limitations is otherwise deemed appropriate by the city.
(D) More stringent limitations. The city retains the right to amend this sub-chapter to provide for more stringent limitations or requirements on discharges to the city system when deemed necessary.
(E) Categorical pretreatment standards. IU's subject to categorical pretreatment standards are required to comply with applicable standards set out in 40 CFR Chapter 1, Sub-chapter N, Parts 405-471.
(F) State requirements. Users are required to comply with applicable state pretreatment standards and requirements set out in OAR Chapter 340. These standards and requirements are incorporated herein.
(G) Specific pollutant limitations and local limitations. In addition to categorical pretreatment standards referenced in other portions of this sub-chapter, no SIU shall discharge wastewater containing pollutants into the system in excess of limitations specified in its wastewater discharge permit or other limits established by the city. The city may establish and revise from time to time standards for specific restricted substances. These standards shall be developed in accordance with 40 CFR Section 403.5 and shall implement the objectives of this subchapter. Standards established in accordance with this section will be deemed pretreatment standards for the purposes of Section 307(d) of the Act. Wherever a discharger is subject to both categorical pretreatment standards and a local limit for a give pollutant, the more stringent shall apply.
(H) Mass limitations. The city may issue mass limitations for dischargers in addition to or in place of concentration-based limitations.
I) Grease interceptor. A grease interceptor shall be installed on all building sewers for all commercial and multiple dwelling unit users. Any conversion to commercial or multiple dwelling use may be required to install a grease interceptor. The requirement for a grease interceptor may be waived by the city administration when a written request is filed indicating all of the following:
(1) The waste stream from the commercial establishment meets the terms of domestic waste defined in this sub-chapter; and
(2) No kitchen facilities for public service or service to more than ten residents or dwelling units as defined herein.
(J) Oil and sand interceptors. Oil and sand interceptors shall be required when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administration and shall be located as to be ready and easily accessible for cleaning and inspection. The city administration shall be the final determination of the requirements.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Discharge requirements.
(1) When requested by the city, an IU discharging or proposing to discharge industrial or commercial wastewater into any public sewer to the city system shall first apply for an industrial wastewater discharge permit, hereafter called “discharge permit” from the city.
(2) This discharge permit is required in addition to the commercial connection permit required for sanitary/domestic discharge.
(3) It is a violation of this sub-chapter for any IU to discharge non-domestic wastewater into the system if an application has been requested and a permit has not be issued.
(B) Application for discharge permit. Application for a discharge permit shall to made to the city on a city-approved format. Unless a specific exemption is granted in writing by the city, no discharge of non-domestic wastewater from the facility shall be allowed nor shall a permit be issued unless all conditions and provisions of this sub-chapter are met. A new application shall be required whenever federal categorical standards apply to a discharge, or when an SIU proposes a substantial change in its discharge. An application shall include a “baseline monitoring report” described in §51.094 (D), where applicable.
(C) Application time frame. Proposed new IUs shall apply for a discharge permit at least 90 days prior to the date that the discharge is proposed to commence. Additional data, information and drawings may be requested before a discharge permit is issued. The permit applicant shall promptly provide all requested information to the city.
(D) Hazardous waste compliance. Any industrial user who commences discharging after August 23, 1990, shall provide written notification in accordance with 40 CFR 403.120 of the discharge of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261.
(E) Certification. All applications, reports and information submitted to the City shall be signed and certified in accordance with 40 CFR 403.12(l). Any reports required in this sub-chapter and any other documents required to be submitted to the city or maintained by the industrial user shall be subject to applicable civil and criminal provisions of the city's rules and regulations, state law relating to fraud and false statements. In addition, the industrial user shall be subject to:
(1) The provisions of 18 USC Section 1001 relating to the fraud and false statements;
(2) The provisions of Sections 309(c)(4) of the Clean Water Act, governing false statements; and
(3) The provision of Section 309(c)(6) of the Act regarding responsible corporate officers.
(F) Application/permit evaluation period. The city will evaluate the application and may require additional information. Within 60 days of receipt of a complete permit application, the city will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.
(G) Application/permit rejection. If any waters or wastes are discharged or are proposed to be discharged to the city's sewer system, which contain the substances or possess the characteristics enumerated in other sections of this sub-chapter, and which in the judgment of the city, may have a deleterious effect upon the system, or which otherwise create a hazard to life, worker safety or constitute a public nuisance, the city may take any of the following actions:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition prior to discharging to the system;
(3) Require control over the quantities and rates of discharge; or
(4) Require payment to cover the added cost of handling and treating the wastes not converted by existing taxes or sewer charges under the provisions of §51.096 of this chapter.
(H) Compliance schedules. The city may require compliance schedules in any permit to ensure that the appropriate technology is installed in a time period acceptable to the city.
(I) Permit contents. Wastewater discharge permits shall contain at a minimum the conditions of 40 CFR 403.8 (f)(1)(iii)(A)-(E). In addition, permits may contain the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on average and maximum rates and time of discharge and requirements for flow regulations and equalization;
(3) Requirements for installation and maintenance of inspection and sampling facility compatible with facilities of the city;
(4) Compliance schedules;
(5) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this sub-chapter; and
(6) An effective date and expiration date of the permit.
(J) Right of revision or permit modification. The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the city with applicable laws and regulations. Upon promulgation, a new federal categorical standard for a particular industrial subcategory, if more stringent than the limits established under the city's current rules and regulations, will supersede the local standard. Permits will be modified as soon as possible subsequent to a change in the federal requirements. The city shall notify the user of any proposed changes in its permit prior to the effective date of the change.
(K) Permit duration and property interest acquired. All wastewater discharge permits shall be issued for an initial period not to exceed five years as determined by the city. All permits are subject to amendment, revocation, suspension or termination as provided in these rules. No user acquires any property interest by virtue of permit approval. Continued approval is expressly contingent upon compliance with all applicable federal, state and location requirements.
(L) Limitations on permit transfer. Wastewater discharge permits are issued to specific user for a specific operation and are not assignable to another user or transferable to an other person or location without the prior written approval of the city. If a permitted industry facility is sold, the seller shall provide a copy of the existing discharge permit to the new owner or operator.
(M) Wastewater discharge permit revocation. Wastewater discharge permits may be revoked for any of the following reasons:
(1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(2) Falsifying self-monitoring reports or other required reports;
(3) Tampering with monitoring equipment or sample;
(4) Refusing to allow the city timely access to the facility premises or records;
(5) Failure to meet effluent limitations;
(6) Failure to pay fines, penalties or sewer service charges;
(7) Failure to meet compliance schedules;
(8) Failure to complete a wastewater survey;
(9) Failure to provide advance notice of the transfer of a permitted facility; or
(10) Violation of any pretreatment standard or requirement or any terms of the permit or the sub-chapter.
(N) Voiding permits. Permits shall be voided upon non-use or cessation of operations for a period of two years or longer, transfer of business ownership or upon issuance of a new wastewater discharge permit replacing a previous permit.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Sampling facilities. When required by the city, the IU shall provide and operate at the users expense, a monitoring facility, together with necessary meters and other appurtenances to allow inspection, sampling and flow measurement of each industrial sewer discharge to the city. The monitoring facility shall be approved by the city prior to being installed. When possible the sampling site shall be located outside the building or structure, on the user's premises and be easily accessible from a public road, street, parking lot or paved area. The user shall maintain safe access to the sampling site at all times.
(1) There shall be ample room in or near the facility to allow for accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the permit holder, as directed in the city-approved permit.
(2) All sampling facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. The sampling facility may be revised, but the city must approve these revisions. All sampling facility plans must be submitted to and approved by the city prior to construction, regardless of whether or not the standard details are used. Construction shall be completed within 60 days of city approval or within ten days of receipt of permit by the permit holder, except as otherwise approved by the city.
(B) Operation and maintenance. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, the owner, at his expense, shall maintain then continuously in satisfactory and effective operation.
(C) Plans review.
(1) All plans for pretreatment facilities, interceptors, etc., required pursuant to these rules shall be approved by the city prior to implementation. Approval of pretreatment facilities, interceptors, etc., by the city, does not relieve the owner of the responsibility to install and operate equipment necessary to perform the required function and to meet all permit requirements.
(2) The permit holder shall maintain records of all pretreatment facilities which reflect routine maintenance check dates, calibration, cleaning, waste removal dates, manifests of wastes removed from the site and the means of disposal of accumulated wastes.
(3) Approval by the city of plans under this section does not represent assurance that the facilities will meet a discharge permit.
(D) Control of discharge. It shall be the responsibility of the user to control the discharge into the city sewerage system or any private or side sewer which drains into the city's system so as to comply with this sub-chapter and the requirements of any applicable wastewater discharge permit issued pursuant to the provisions of this sub-chapter. Notwithstanding an permit conditions, the city may (after notification to the user) order that any discharge which may appear to present an imminent endangerment to the health and welfare of persons be immediately and effectively halted from entering the collection system.
(E) IU facility inspections. The city may inspect the facilities of any IU to determine compliance with the requirements of city rules and regulations. The user shall allow the city or its representatives to enter upon the premises of the user at all reasonable hours and without prior notification by the city, for the purposes of inspection, sampling, and records examination and copying. The city shall have the right to set upon the user's property the devices as at necessary to conduct sampling, inspection, compliance monitoring and/or metering operation:
(1) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification personnel from the city, state, and USEPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) The city, state, and USEPA shall have the right to set up or require installation of, on the industrial user's property, the devices as are necessary to conduct sampling, and/or metering of the user's operations.
(3) The city may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city and shall not be replaced. The costs of clearing the access shall be borne by the industrial user.
(5) Unreasonable delay in allowing city personnel access to the industrial user's premises shall be a violation of this sub-chapter.
(F) Sampling requirements. Except as otherwise expressly stated in a permit, sampling shall be performed according to this division. If an IU subject to self-monitoring and reporting requirements as set forth in their city discharge permit, monitors any pollutant more frequently than required in the discharge permit, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the IU's reports.
(1) SIUs shall submit to the city at least once every six months or a otherwise specified by the city, a description of the nature, concentration and flow of the pollutants required to be reported to the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136.
(2) The IU shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of the operations.
(3) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, a 24-hour composite sample must be obtained through flow-proportional composite sampling techniques when feasible. The city may waive flow-proportional composite sampling for any IU that demonstrates that flow-proportional sampling is unfeasible. In the case samples may be obtained through time-proportional composite sampling techniques through a minimum of four grab samples where the user demonstrates that this would provide a representative sample of the effluent being discharged.
(4) The IU shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division. Samples shall be taken immediately downstream from pretreatment facilities if such exists or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the IU shall measure the flows at concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit and supporting data shall be submitted to the city.
(5) Where 40 CFR Part 136 does not contain sampling analytical techniques for the pollutant in question, or where the USEPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling at analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other persons approved by the USEPA Administrator. This sampling and analysis may, upon approval by the city may be performed by the city in lieu of the industrial user.
(G) Special agreements. 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 therefore, buy the industrial concern.
(H) Records retention. All users subject to this sub-chapter shall retain and preserve for less than three years, all records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of a user in connection with its discharge. All records shall be subject to review by the city. The retention period may be extended beyond three years of the request of the city. All records which pertain to matters which are the subject of an enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(I) Wastewater permit renewals. SIUs may be required to apply for permit renewals within 90 days prior to the expiration date in the existing wastewater permit.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) General requirements.
(1) All measurements, tests and analysis of the characteristics of wastewater to which reference is made in this section shall be in accordance with 40 CFR Part 136 or alternate protocols approved by EPA Region 10 Administrator or NPDES permit- specific basis and shall be determined at the control manhole provided, or upon testing of suitable samples taken at the control manhole.
(2) IUs may be required to submit test results from samples of their wastewater discharged or other appropriate information requested by the city on a routine and continuing basis for any or of the following reasons:
(a) To comply with the terms and provisions of 40 CFR Part 403.12;
(b) If requested by any applicable state or local public agencies;
(c) If required to determine monthly sewer service charges as described by applicable city ordinance;
(d) If deemed necessary by the city for the proper treatment, analysis or control wastewater discharges. The IU shall bear the costs of any tests and reports. The city shall have the right to enforce the requirements of 40 CFR 403.12. When deemed necessary by the city, an IU may be required to obtain, install, operate and maintain an automatic sampler and/or analyzer to monitor its industrial waste discharges; or
(e) If required by the discharge permit.
(B) User's responsibility. It is the IU's responsibility to keep informed of all state and federal wastewater analysis and reporting requirements. Any failure to do so shall not excuse the permit holder from compliance with the requirements.
(C) Discharge reports. Discharge reports shall contain all results of sampling and analysis of the discharge, including the flow, the nature and concentration of pollutants, and production and mass where require by the city.
(D) Baseline monitoring report.
(1) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6 (a)(4), whichever is later, existing users currently discharging to or proposing to discharge to the city shall submit to the city a report containing the information listed in division (E) below.
(2) At least 90 days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the city a report which contains the information listed in division (E). A new source shall also report the method it intends to use to meet applicable pretreatment standards, and give estimates of its anticipated flow and quantity of pollutants discharged.
(E) Information required. The information required by this section includes:
(1) Identifying information. The user shall submit the name and address of the facility, including the name of the operator and owners;
(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility;
(3) Description of operation. The user shall submit a brief description of the natural average rate of production, and standard industrial classifications of the operations carried out by the industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes;
(4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5) Measurement of pollutants.
(a) The industrial user shall identify the categorical pretreatment standard applicable to each process;
(b) In addition, the IU shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136, or an city approved equal; and
(c) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling technique. If flow proportional composite sampling is unfeasible samples may be obtained through time proportional sampling techniques or through four grab samples if the user proves the samples will be representative of the discharge.
(F) Report on compliance with categorical deadlines. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater in the sewer system, any industrial user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the waste stream, as required by division (D) above.
(1) For IUs subject to equivalent mass or concentration limits established by the city in accordance with 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other IUs subject to categorical pretreatment standards expressed in terms of allowable pollutants discharge per unit of production or other measure of operation, this report shall include the IU's actual production during the appropriate sampling period.
(2) This report shall also contain the average and maximum daily flows for the process waste streams, and whether the applicable pretreatment standards are being met on consistent basis. If they are not being met on a consistent basis, the report shall identify what additional pretreatment or operation and maintenance is necessary to bring the industrial user into compliance. This report shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(G) Schedule of compliance. If the industrial user is required to install additional pretreatment or provide additional operation and maintenance, he or she will be required to submit a schedule.
(1) The schedule shall contain increments of progress in the form of milestone dates for commencement and completion of major events leading to the construction and operations of additional operation and maintenance or pretreatment (e.g., hiring an engineer, completing preliminary, plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.). No increment of progress shall exceed nine months.
(2) The industrial user shall submit a progress report to the city including, at a minimum whether or not it complied with the increment of progress to be met on the date and if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the, schedule established. This progress report shall be submitted no later than 14 days following each date in the schedule and the final date of compliance. In no event shall more than nine months elapse between the progress reports to the city.
(3) If compliance milestone dates are not met or reports not submitted when due, the city may take appropriate enforcement action for lack of satisfactory progress toward compliance. (See §51.096.) Schedules of compliance may be inserted into an IU's discharge permit, as provided in division (G).
(H) Periodic compliance reports. Any IU subject to categorical pretreatment standards, or subject to sampling, testing and reporting schedules set out in the user's permit shall submit to the city all reports required indicating the nature of the effluent discharged since the last reporting period.
(1) The report shall include, but is not limited to, a record of the concentrations (and mass limited in the permit) of the limited pollutants that were measured and a record of all pH and flow measurements that were taken.
(2) If an industrial user subject to the reporting requirements listed above monitors any pollutant more frequently than required by the city, the results of this monitoring shall be included in the report.
(I) Reporting of violation/resampling requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis an submit the results of the repeat analysis to the city within 30 days after becoming aware of violation.
(J) Slugload reporting.
(1) Dischargers shall notify the city immediately upon occurrence of a “slug” or accidental discharge of substances prohibited by this sub-chapter. The notification shall include the location of discharge, date and time thereof, type of waste, concentration and volume, corrective action and steps being taken to reduce any adverse impact.
(2) Any discharger who discharges a “slug(s)” of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city under state or federal law, and may also incur monetary penalties by the city.
(K) Change in discharge. The IU shall report to the city any changes, permanent or temporary to the permittee's premises or operations that may result in change of the quality or volume of the wastewater discharge.
(1) Changes in the discharge involving the introduction of a waste stream(s) not included in or covered by the discharge permit application shall be considered a new discharge requiring completion of an application as described under §51.093. Any reporting shall not be deemed to exonerate the permittee from liability for violations of the sub-chapter.
(2) All industrial users shall promptly notify the city in advance of any proposed anticipated change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(L) Notification of significant production change.
(1) In accordance with 40 CFR 403.6 (c)(7), any IU operating under a city permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the city with two business days after the IU has a reasonable basis to know that the production level will significantly change within the next calendar month.
(2) Any IU not notifying the city of anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.
(M) Industrial user hazardous waste reporting. Industrial users shall notify the city (POTW), the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).
(N) TTO reporting. Those industries which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTO's) discharged into the sewer system must follow the federal effluent guidelines for that industry.
(O) Certification of all reports. All reports submitted by significant industrial user shall include the certification statement defined in 40 CFR 403.6 (a)(2)(ii), and signed by the appropriate official as designated in 40 CFR 403.12(l).
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Industrial user violation process. If the city determines that a violation has occurred or is taking place, a representative of the city shall make a reasonable effort to notify the user of the violation. All violations including the first violation shall receive a written notice of violation, and may also incur a monetary penalty.
(1) All written notices of violations shall describe the violation and any potential penalty (monetary or additional pretreatment). The written notice may further require that response to the violation be submitted to the city within a ten day time period.
(2) If a written notice of violation requires submittal of a response, the response shall include an explanation of the violation, a plan for the satisfactory correction and prevention of future violations, and specific corrective or preventive action submission of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take emergency action without first issuing a notice of violation.
(B) Violation.
(1) A violation of limitations established under §51.092 of this sub-chapter, any applicable federal, state or city pretreatment standards, or specific requirements of a discharge permit shall constitute a violation of this sub-chapter and shall be cause for enforcement action by the city, including but not limited to levying of administrative penalties described in this section, regardless of the intent of the user. Each day of a continuing violation shall constitute a separate offense for purposes of computing the applicable penalty.
(2) Whenever the city finds that any IU has violated or is violating this sub-chapter, wastewater permit or order issued hereunder, or any other pretreatment requirement, the city shall cause to be served upon the IU a written notice of violation. The notice of violation shall be delivered to the user's premises or be sent by regular mail to the address of the permit holder on record with the city. It may be sent together with the industrial user's monthly billing notice.
(C) Permit parameters.
(1) For the maximum daily allowable concentration, if the concentration of any single sample (whether grab or a sample within a series) exceeds the limitations, a violation will have occurred;
(2) For the monthly average allowable concentration, if the average of all sample(s) (grab or composite) taken exceeds the limitation, a violation will have occurred. One sample collected may constitute a monthly average violation.
(D) Additional violation parameters. Included, but are not limited to the following:
(1) For noncompliance with any special reporting requirements established by permit, written request of the city, or as specified by general federal pretreatment standards (40 CFR 403.12);
(2) Pollutants prohibited in §51.092 are discharged into the system;
(3) Failure to apply for and obtain a permit prior to discharge of industrial wastewater in the system.
(E) IU notifying city of violation. If sampling performed by an industrial user indicating a violation, the industrial user shall notify the city within 24 hours of becoming aware of the violation. The user shall also re-sample and report the results within 30 days of becoming away of violation pursuant to 40 CFR 403.12(g)(2). Re-sampling must continue until it is evident the discharge is within compliance.
(F) Affirmative defense. The city does not recognize the “affirmative action” defense defined in the federal regulations.
(G) Consent orders. The city may enter into consent orders, assurance of volunteer compliance, or other similar documents establishing an agreement with the IU responsible for the noncompliance. Orders will include specific action to be taken by the IU to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders and upon issuance, orders shall be judicial enforceable.
(H) Show cause hearing.
(1) The city may order any IU which causes or contributes violation(s) of this sub-chapter, wastewater permits or orders issued hereunder or any other, pretreatment requirement, to appear before the city and show cause why a proposed enforcement action should not be taken. Notice shall be served on the IU specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and an order that the IU show cause why this proposed enforcement action should not be taken.
(2) The notice of the hearing shall be served personally or by registered mail (return receiving requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the IU. Whether or not the IU appears as notified, immediate enforcement action may be pursued following the hearing date.
(I) Compliance orders.
(1) When the city finds that an IU has violated or continues to violate the sub-chapter, permits or orders issued hereunder, or any other pretreatment requirement, an order may be issued to the IU responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, device or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer.
(2) In addition to compliance orders, the city may require additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.
(J) Significant noncompliance. Significant noncompliance is deemed to have occurred if a violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66% 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 polluted parameter;
(2) Technical review criteria (TRC) violations are defined here as those in which 33% 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 or the average limit multiplied by the applicable TRC. (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) 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 personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health welfare or to the environment or has resulted in the city's exercise of its emergency authority, as defined in 40 CFR 403.8 (f)(1)(vi)(B), to halt or prevent a discharge;
(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports (BMR), 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and
(8) Any other violation or group of violations which the city determines will adversely affect the operation and implementation of the local pretreatment program.
(K) Publication of significant violators. A list of all industrial users which were in significant noncompliance (as defined above) during the 12 previous months, shall be annually published by the city in the largest daily newspaper, published in the municipality in which the city is located, summarizing the enforcement actions taken against users during the previous 12 months.
(L) Other penalties.
(1) If the violation is not corrected within a reasonable period of time determined by the city, or as specified in a consent order or compliance order, or if there appears to be indications of repetition of the violation, a notice of civil penalties may be issued as described in the applicable city ordinance. The city may seek or assess a specific fine violation not to exceed $1,000 per day per violation of pretreatment standards and may impose an applicable compliance schedule. Compliance schedules may not extend the compliance date beyond any applicable federal deadlines.
(2) Notwithstanding any other provision of this sub-chapter, the city may, in its discretion and at any time, impose discharge permit limitations penalties/charges or seek civil and criminal penalties pursuant to applicable city ordinance.
(M) Cease and desist orders. When the city finds that an industrial user has violated or continued to violate this sub-chapter, any permit or order issued hereunder, or any other pretreatment requirement, the city may issue an order to the industrial user directing it to cease and desist all violations and directing the user to:
(1) Immediately comply with all requirements; or
(2) Take appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(N) Administrative appeals of enforcement actions.
(1) An industrial user desiring to dispute any fine, penalty or other administrative enforcement action under this sub-chapter must, within ten days of receipt of notice of any action, file a written request for review with the City Council and the city administration.
(2) The request for review shall state any facts and mitigating circumstances which the IU wishes to be considered. Upon receipt of a request for review, the Council and city administration shall review the requests and any other information available. They shall render a written decision within 15 working days of receipt. The Council or city administration may sustain, reduce or eliminate any fine, and may modify any enforcement action upon a finding that:
(a) The original action of the city in imposing a fine or other enforcement action was based upon a substantial error of fact, which shall be stated;
(b) The original action of the city was based upon improper application of city ordinance or regulations to the facts, in which case the correct application shall be stated; or
(c) The user has presented mitigating facts or circumstances to the city which would justify modification of the original order.
(3) If the Council or city administration finds that the facts and application of this sub-chapter were correct, and mitigating circumstances do not justify modifying the original action, that shall sustain that action.
(O) Emergency suspensions. The city may suspend the wastewater permit of an industrial user, whenever suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the municipal wastewater system or which present or may present an endangerment to the environment.
(1) Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its discharge. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the city may take steps as it deems necessary, including immediate severance of the sewer connection, to prevent minimize damage to the system, its receiving stream, or to any person. The city shall allow the industrial user to recommence its discharge when the user has demonstrated the satisfaction of the city that the period of endangerment has passed, and no repetition is likely, unless termination proceedings set forth in §51.096 are initiated against the user.
(2) An industrial user which causes or permits any discharge presenting immediate endangerment to the public or the environment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city prior to the date of any show cause or termination hearing discussed elsewhere in this sub-chapter.
(P) Termination of permit.
(1) In addition to all other penalties and remedies in the sub-chapter, the city may terminate the permit of any industrial user. Violations of the conditions of this sub-chapter, wastewater permits or orders issued hereunder is subject to permit termination. Justification for permit termination include, but are not limited to the following:
(a) Violation of permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; and
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(2) Prior to terminating a permit, the city shall notify the permittee of its proposed termination. A show cause opportunity under other sections identified in this sub-chapter will be offered.
(Q) Judicial enforcement remedies.
(1) Whenever an industrial user has violated or continues to violate the provisions of this sub-chapter, permits or orders issued hereunder, or any other pretreatment requirements, the city, may petition the courts for the issuance of temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order or other requirement imposed by this sub-chapter on activities of the industrial user.
(2) Other action as may be appropriate for legal and/or equitable relief may also be sought by the city. The court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Miscellaneous information. The city may request at any time reports, data or information from any user to ensure compliance with all applicable laws by the city and the user. The user shall promptly provide the city with any reports, data or information requested.
(B) Inspection warrants. Judges and magistrates authorized to issue search warrants may upon application of the city, issue an inspection warrant pursuant to this section. The warrant shall be allowed whenever the city has requested of the property owner or his/her agent access to any premises to ascertain information necessary to carry out the provisions of this sub-chapter and the request has been denied. Information necessary to carry out these provisions shall include, but not be limited to, verification of owner-supplied data.
(C) Confidential information.
(1) Information and data on an industrial user obtained from reports, questionnaires, permit application, permits and monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state laws.
(2) Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2,302 will not be recognized as confidential information and will be available to the public without restriction.
(3) When requested and demonstrated by the industrial user finishing a report that the information should be held confidential, the portions of a report which might disclose a trade secret or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to this sub-chapter, the National Pollutant Discharge Elimination System (NPDES) program, and enforcement proceedings involving the person furnishing the report.
(D) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:
(1) Fees for permit applications including the cost of processing applications;
(2) Fees for monitoring, inspection and surveillance procedures including the cost of reviewing, monitoring reports submitted by the industrial user;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals;
(5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this sub-chapter and are separate from all other fees, fines and penalties chargeable by the city.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Commercial. Water service to apartment and boarding houses, hotels, offices, office buildings, retail and wholesale commercial establishments, laundries, private schools and colleges, private hospitals and other like premises where water is not used primarily for industrial purposes.
(2) Industrial. Water service to manufacturing and industrial consumers, including aircraft and metal product manufacturers, public utilities, stockyards, packing houses, grain elevators, bottling works, food processors and similar enterprises. On premises where manufacturing is the principal business, all services shall be classified as Industrial.
(3) Miscellaneous. Water service for building and construction purposes to parties other than the city; for water sold at the pumping station; water service to circuses and other uses where the connection is of a temporary nature.
(4) Municipal. Water service for municipal and other public purposes other than public fire protection including usage for sewer and street flushing, street and sidewalk construction when done by the city; parks; schools; churches and Municipal buildings; county, state and federal agencies and departments.
(5) Residential. Water service to private residences of one family or more than one family when each is supplied through a separate meter.
(1) A building or group of buildings occupied by a family unit or business entity and used for residential, business or commercial purposes;
(2) A building or group of buildings used and operated as a hospital, educational or religious institutions;
(3) A separate dwelling unit within a structure designated for multi-family occupancy;
(4) A building containing areas and spaces separately rented to tenants;
(5) A single tract of land upon which areas are rented for occupancy by mobile homes used for residential purposes;
(6) A tract of land used for park, a playground or recreational purposes; or
(7) Any other structure or structures, public or private, the use or occupancy of which requires water and water service.
(Ord. 429, passed 6-14-61)
(A) Every person, firm or corporation using water from a city's waterworks system shall thereby be deemed to have consented and agreed to the terms and provisions of this sub-chapter and to have acknowledged the right of the Water Department to discontinue water services without notice in the event of failure of the consumer to make timely payment of all rates and charges herein below fixed and established or to otherwise comply with the terms and provisions hereof.
(B) Water service will be furnished only to premises complying with the applicable plumbing and sanitary codes and regulations of the city and state.
(Ord. 429, passed 6-14-61)
(A) Requests for water service shall be made at the office of the Finance Director/Recorder by or on behalf of the person, firm or corporation requesting water and/or water service. Persons requesting water and/or water service will be bound by the terms of this subchapter and all rules and regulations as may be adopted by the City Council in implementation of this subchapter. A non‑refundable account set‑up fee is due at the time of requesting water service. The account set‑up fee covers administrative costs including, but not limited to: setting up an account, reading the meter, verifying that water is on and other related matters. The amount and duration of the account set‑up fee will be and is set by resolution of the City Council from time‑to‑time.
(B) If the application is for water service to premises not previously served, the following requirements shall be met:
(1) Where water mains exist adjacent to the property to be served and upon submission to the Water Department of information as to the location and nature of the premises to be served with water, the applicant will be furnished with information as to the proposed location of the meter setting. If the customer's service line has been installed prior to the application for service, it shall be the applicant's responsibility to clearly mark the location thereof. The Water Department shall have sole jurisdiction, however, to determine the location of the street service line, and the feasibility of a connection to the customer's service line. It shall be the applicant's responsibility at his own expense to run his service line from the premises being served to the meter setting at or near the curb line. Service pipes and connections from the water main to and including the meter setting shall be placed within the line of the public right‑of‑way and shall be installed at the consumer's expense by the Water Department. The City Manager or his designee shall determine a reasonable installation charge based on the actual average cost. All installation charges are payable in advance.
(2) Where water mains adjacent to the consumer's property have been installed under a construction reimbursement agreement as provided herein, the customer shall pay the construction charge established per front foot of property abutting the line in addition to all other charges prescribed.
(3) Where water mains adjacent to the consumer's property have been installed by the Water Department without assessment of the costs to the benefiting property, the consumer shall pay a construction charge to the city for exclusive credit to the utility fund as prescribed by resolution of the City Council. The charges shall be in addition to all other charges.
(4) The applicant shall be responsible for the maintenance, repair and any leakage in the piping from the meter to place of use. Installation of the consumer's service lines shall be done by the consumer personally or by a licensed plumber in accordance with city design and specifications and in accordance with the building and plumbing codes of the city. Installation shall avoid cross connections. Upon notification of the Water Department that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the Water Department and/or the City Plumbing Inspector.
(5) The Water Department shall determine the size of the meter to be installed, based upon information furnished by the applicant. Any change in meter size requested by a consumer after the initial meter installation shall be granted insofar as is reasonable, but the entire cost shall be borne by the consumer. In cases of dispute as to meter size, the Water Department shall have sole jurisdiction.
(6) The size of the street service line shall be determined by the Water Department based upon information furnished by the applicant. However, in no case shall the street service line be the same size or any greater size than the water main to which it is connected. Any change in size or location of the street service line after the original installation shall be done at the consumer's expense. Installation charges cover all cost of excavation, installation, connecting and resurfacing from the water main to the point where the meter is installed, including the meter box and the meter. Where service lines must be run a distance greater than 40 feet, the customer shall pay all costs incident to the excess footage.
(a) Installation and maintenance. The installation and maintenance of service connections shall be performed only by the duly authorized employees of the Water Department.
(b) Meters. Meters shall be installed at the customer's end of the service connection and shall be owned by the Water Department and installed at the applicant's expense.
(c) Care of meter. It shall be the duty of the property owner or his agent to keep the meter box free of debris and to take all reasonable precautions to protect the meter from freezing. If the property owner or his agent shall neglect or refuse to protect the meter from freezing, he shall be charged with the cost of repairing any damage which may result from neglect or refusal.
(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3‑14-88; Am. Ord. 1736, passed 6-24-91; Am. Ord. 1913, passed 11-25-96; Am. Ord. 2160, passed 8‑10‑09)
(A) All water furnished to consumers shall be metered, except in cases where the Superintendent of Waterworks shall determine that the nature of a particular usage necessitates a measurement by other means.
(B) The installation of meters and street service lines shall be in accordance with the following specifications and requirements:
(1) One and only one street service line, meter setting, and meter shall be installed for each premise. Additional meters, meter settings, street service lines and other appurtenances may be installed as approved by the Superintendent of Waterworks, and all additional costs shall be borne by the applicant.
(2) Street service lines shall be at right angles to the water main and street service lines shall not be installed unless sufficient footage of water main exists adjacent to the premises requesting service to allow meter setting installation free of obstructions such as fences, trees, driveways, culverts, and mail boxes.
(3) The Water Department shall permit no master metering of water. Each and every unit, business, or place of business shall be on a separate service and meter excluding service to transient occupancy such as hotel, motel, recreational vehicle park and Ahotel@ as defined by the transient room tax ordinance. Where water is now supplied through one service to one or more separately owned premises through pipes previously installed, the Superintendent of Waterworks may, at his discretion, refuse to furnish water until separate services are provided. However, if the owner of premises whereon more than one unit or business is receiving water through a single meter and approval for same is granted by the Superintendent of Waterworks, service may be continued under the following conditions:
(a) The minimum charge for the service shall be determined by multiplying the established minimum charge for the meter size installed in the service by the number of dwellings, units or businesses served through the single meter;
(b) For the purpose of calculating the charge for water used through the meter the established rate structure shall be revised as follows: the number of gallons in each bracket of the established rate structure shall be increased by multiplying that number of gallons by the number of dwellings, units or businesses served through the single meter. (Ord. 429, passed 6-14-61; Am. Ord. 1972, passed 10-12-98)
Cross-reference: Transient room tax, see Chapter 112
(A) It shall be unlawful for any person, firm or corporation to open, interfere with, injure, deface or in any way impair the working of any water meter. It shall also be unlawful for any person, other than a duly authorized representative of the Water Department, to remove any meter from its setting.
(B) No meter shall be installed or water used through a new consumer's service line until approval therefor has been obtained from the office of the City Plumbing Inspector.
(C) All meters now in service and hereinafter installed shall remain the sole property of the Water Department. Meters shall be installed only in public ways and it shall be unlawful for any person to obstruct access thereto by the Water Department.
(D) The Water Department shall have the right at any time to test meters but if the testing is not in pursuance of request of consumer, it shall be without charge.
(E) Whenever the Water Department finds a meter to be inoperative, an adjustment of charges for the preceding billing period shall be made by averaging the water used for the corresponding billing period of the three prior years, or, if the records are not extant, from the best other method practicable.
(F) Whenever the Water Department shall find a meter not measuring accurately according to the standards of the American Water Works Association, an adjustment of charges for the preceding billing period shall be made.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85) Penalty, see § 52.99
Applications for special service shall be made in writing in the same manner as required for standard service and shall, in addition, conform to the following requirements:
(A) Applications for private fire service connections shall have attached a sketch showing pipes, valves, hydrants, tanks, openings and appurtenances contemplated. The sketch shall be submitted on a scale of one inch equals 50 feet. The applicant shall be required to pay the entire cost of the installation, including the connection to the main and necessary appurtenances. All new private fire service connections with the exception of the so-called “dry type” may be metered. All materials shall be approved by the Water Department, and all fire service lines must be provided with a suitable gate valve outside the building at or near the property line. The valve installed at the water main shall be under the exclusive control of the Water Department. All fire service lines shall be used exclusively for extinguishement of fires and no connection from any other use may be attached thereto. The size of fire service connections shall in no case be smaller than four inches and in no case attached or tapped to a water main of less than six inches. In the event a main extension is required for private fire service connection, the costs of same shall be borne by the applicant.
(B) All miscellaneous special service shall be installed and maintained at the sole cost of the applicant and an advance of the estimated costs of installation shall be required as a condition precedent to the granting of the application. The billing for the service shall be determined by the Water Superintendent.
(C) Any customer requiring pressures higher than normally maintained in the system, or abnormal quantities of water for fire protection or other special purposes, shall provide additional pumping and storage facilities within his or her property and shall also pay for the additional expense to the city in providing additional transmission mains or other facilities required to provide the special service, either through rates or through contributions to the construction of additional facilities.
(D) Service of a special nature will be rendered only at the option of the city and under conditions which will not interfere with normal service to other customers.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
(A) A separate account of each consumer deposit shall be made showing the date on which the deposit is received, the name of the depositor, and the amount thereof. The city shall pay to the consumer making the deposit (and to consumers who have made deposits prior to the enactment of this sub-chapter) interest at a rate as established by resolution of the City Council, the interest to be credited on the first day of January succeeding the deposit and on the first day of January thereafter, and shall be payable at the Finance Director/Recorder's office in the City Hall, in cash, on demand of the depositor. Any interest credited shall be subject to call and payment at any time, but shall not draw interest.
(B) Upon discontinuance of service the deposit shall be returned to the consumer together with unpaid interest on the same provided all bills for water, repairs, or other services rendered have been paid by the consumer and the consumer surrenders the original deposit receipt.
(C) The advance deposit, together with the interest due thereon, may be applied to the payment of any accrued bills, or bills due on discontinuance of service.
(D) Deposits received from consumers as security for the payment of service which remain uncollected for a period of two years after the discontinuance of service to the consumer may be transferred to the waterworks fund. The deposit money may be invested from time to time by the city.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85)
(A) Miscellaneous charges.
(1) When water service shall have been terminated for any cause other than temporary discontinuance in the manner provided below, the consumer shall be charged a sum of money as established by resolution of the City Council to cover the cost of shutting off water service, and in the event the service is reinstated, shall be charged an additional amount as established by resolution of the City Council to cover the cost of reinstating the service.
(2) If a consumer requests inspection and testing of a meter, a sum of money as established by resolution of the City Council as a testing fee shall be paid. If upon examination and test conducted in the presence of the consumer or his or her representative the meter is found to be inaccurate according to the standards of the American Water Works Association, a meter will be substituted and the water bill for the preceding billing period shall be adjusted.
(3) Any consumer desiring to discontinue temporarily the use of water must make application therefor at the office of the Finance Director/Recorder not less than two days prior to the date on which the service is desired to be discontinued, and after the effective date of the discontinuance all charges for water and water service shall cease for the period during which the service shall be shut off, provided that the period of discontinuance shall not be less than 30 days.
(B) All water bills rendered in accordance with the regular schedule of meter rates are due and payable when rendered and must be paid at the City Hall on or before ten days thereafter.
(C) This governing body retains continuing jurisdiction and authority to change from time to time the schedules of rates and charges and the regulations herein provided as changes shall be determined expedient and necessary.
(D) Charges for water used shall be as established by the City Council by resolution.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85)
(A) All bills for water and water services shall be rendered monthly at the same time that bills for sewage services rendered by the sanitary sewage treatment plant and system of the city are rendered; provided, however, that bills for miscellaneous accounts shall be rendered at times as shall be determined by the Superintendent of Waterworks in each separate instance. The officers or employees of the city charged with the duty of preparing bills for water and water service shall calculate the amount thereof and shall add the same to the amount of any bills presented to the consumer for sewage service, and the bills shall be collected as a combined bill for water and sewage service furnished the consumer.
(B) All water bills shall be paid at the City Hall in the city or at other places as may be designated by the City Manager. All bills unpaid ten days after date of issuance shall be considered delinquent and an additional charge of 5% shall be made on the gross amount of the billing and notification by mail shall be given to the consumer at the address of the premises being served that the bill, with the 5% delinquency charge, shall be paid within ten days or water service to the property will be disconnected and a disconnection charge in an amount of money established by resolution of the City Council will be assessed. Notification of termination of water service may be made by mail or hand delivery or posting at the consumer's place of use. If the bill not be paid within the period of ten days, water service to the property shall be disconnected and the service to the delinquent consumer shall remain disconnected until the consumer shall pay the full amount of all water and sewer bills, including the delinquency charge and also the disconnection charge and a reconnection charge in amounts of money as established by resolution of the City Council. It shall be the duty of the representative of the city at the time in charge of the collection of water bills to notify the Superintendent of Waterworks of all delinquencies in the payment of monthly bills and the Superintendent shall proceed immediately to disconnect the water service to any consumer who is in arrears for the period herein before specified.
(C) Water service may also be shut off to any consumer by the Water Department without notice if the consumer shall tamper or in any way interfere with any meter, connections, service pipes, valves or other appurtenances belonging to the city or for any violation by a consumer of the terms of this or any other applicable ordinance of the city or the statutes of the state relating to the waterworks system.
(D) In instances where the public health, safety or welfare so requires, the Water Department shall have the right to shut off the flow of water in its mains without notice but will endeavor insofar as possible to notify consumers affected of the intention to so interrupt the service. Interruption of service under the conditions shall not give rise to any claim on the part of any consumer against the Water Department of the city.
(E) The Water Department does not guarantee to maintain any specific water pressure for its service and no complaint concerning the pressure shall give any right of claim against the city or the Water Department.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85; Am. Ord. 1926, passed 4-14-97)
(A) Water necessary for municipal uses, such as the flushing of streets and sewers, street sweepers and dust control may be obtained from fire hydrants by authorized employees of the city. The use of water shall not be construed to include or authorize its use in connection with paving, sewer or other construction of public improvements performed by private contractors.
(B) It shall be unlawful for any person, firm or corporation to use water from any part of the waterworks system of the city without proper permit or other authority therefor from the Water Department. It shall further be unlawful for any person, firm or corporation, other than an authorized representative of the city, to shut off or turn on water from any part of the city's waterworks system, including fire hydrants; provided, however, that nothing in this section contained shall be construed as prohibiting plumbers duly licensed under the ordinances of the city from turning on or shutting off water service if such is necessary in the course of the work in which they are engaged.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
The Water Department may refuse to deliver water to any premises whereon any condition exists which might lead to the contamination of the public water supply and may continue to refuse the delivery of water to any premises until the condition is remedied.
(Ord. 429, passed 6-14-61)
After the water has been shut off by the city, if it should be turned on by any person but the Water Superintendent or a person authorized by him, the meter will be removed, and it will not be replaced until the cost of removing and replacing the meter in addition to all charges and arrearages due have been paid.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
It shall be unlawful for any person, firm, or corporation not authorized by the city to do, commit or assist in committing any of the following things or acts in the city:
(A) To open or close any fire hydrant or stopcock connected with the waterworks system of the city, or lift or remove the cover of any gate, valve or shutoff thereof;
(B) To interfere with, destroy, deface, impair, injure or wantonly force open any gate, or door, or in any way whatsoever destroy, injure, or deface any part of any reservoir, standpipe, tank, building or buildings, or appurtenances, fences, trees, shrubs, or fixtures or property appertaining to the waterworks system;
(C) To go upon or ascend the stairway or steps on any elevated water storage tank, reservoir, or standpipe of the waterworks system;
(D) To place any telegraph, telephone, electric light pole, or any obstruction whatsoever within three feet of any fire hydrant;
(E) To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the city regulations or ordinances;
(F) To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the waterworks system, or to turn on or off the water in any street hydrant or other public water fixture or to hitch or tie any animal thereto;
(G) To make or permit to be made any connection with the main or service pipes of the waterworks system, or to turn on or use the water of the system without first obtaining a permit therefor;
(H) To cover over or conceal from view any water valve box, service or meter box;
(I) To remove any water meter that has been placed by the city, or to in any manner change, interfere with or with any water meter;
(J) To turn on the water supply to any building or to any supply pipe where the supply has been turned off for the nonpayment of the monthly water charge or for the violation of any rule, regulation, or ordinance of the city.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
No water shall be resold or distributed by the recipient thereof from the city supply to any person except upon application to and approval by the city. City water may be resold or distributed only at the rates, charges and fees established by the city and subject to the other conditions as deemed reasonable by the city.
(Ord. 429, passed 6-14-61; Am. Ord. 1967, passed 9-14-98) Penalty, see § 52.99
(A) The minimum size of water mains required to serve any part of the city shall be eight inches in diameter. Any developer or subdivider shall install the necessary water system and all appurtenant work at its sole expense. Should a development require water main sizing in excess of eight inches, the City Manager, or his/her designee, will make the final decision on the size of mains required to be installed by the developer or subdivider. If the City Manager, or his/her designee, requires the developer or subdivider to install water lines in excess of eight inches in order to provide for future water line capacity, the City Manager, or his/her designee, may negotiate a reimbursement agreement with the developer or subdivider for the balance between the developer's or subdivider's actual cost for materials of eight inch water mains and the size required by the city, subject to budget fund availability. Only the cost for increases in materials is reimbursable.
(B) When any individual constructs a water main through undeveloped areas, or adjacent to property not currently served by the municipal utility, the individual initiating construction shall be required to pay for all construction in the manner provided in this sub-chapter. If no assessment for improvement is levied against adjacent property, the individual may request a reimbursement agreement with the city. The agreements shall provide for the city to collect a construction charge from any individual who connects a service connection to the main; charges to be established based on a front foot or area basis shall not exceed the actual installation cost of the system. All agreements shall preclude any payment for individuals connecting a water main as described herein to the furthest extent of the water mains included in the agreement.
(C) An individual's right to reimbursement through agreements shall not exceed ten years from the date of the completion of construction of the covered main. All payments to the original installer shall cease at the expiration of the agreement. A construction charge as provided herein may be collected by the city subsequent to the expiration of the agreement. Any fees so charges shall be credited to the utility fund exclusively for the improvement of production or distribution facilities of the city. This section shall not affect those agreements in place at the time of adoption of Ordinance 429.
(D) The city may establish a charge by front foot or area for all mains within the municipal system installed by municipal contract or by municipal employees. Charges shall be established by resolution of the City Council and shall be payable when benefitted properties connect to the water system.
(1) The construction charge shall apply to property which is not served by the water system at the time of construction and is not assessed for the costs of improvements. The construction charge established may vary by project and area dependent upon the costs of construction of the improvements.
(2) All construction charges shall be paid in addition to all other fees prescribed in this ordinance. Failure to pay the charges, or provide for a payment agreement, shall be cause for denial of water service.
(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3-14-88; Am. Ord. 2028, passed 12-18-00)
(A) Whenever the City Council by resolution declares that a water shortage emergency condition prevails in the area served by the city due to drought conditions and that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation and fire protection, this sub-chapter shall be in effect until the City Council by resolution declares the emergency conditions over. This sub-chapter establishes a first and second level of water curtailment to be initiated as water shortage conditions prudently dictate.
(B) In order to conserve the city's water supply for the greatest public benefit with particular regard for domestic use, sanitation and fire protection, the City Council hereby adopts the following regulations and restrictions on the delivery and consumption of water to take effect immediately upon the passing of a resolution declaring an emergency.
(C) The specific uses regulated or prohibited in this sub-chapter are nonessential, and if allowed would constitute wasted water and shall be regulated.
(Ord. 1822, passed 6-28-93)
For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1822, passed 6-28-93)
The provisions of this sub-chapter shall apply to all customers using water provided by the city.
(Ord. 1822, passed 6-28-93)
(A) Nonessential residential uses defined; prohibiting nonessential water use. Uses of water for residential purposes in excess of the following daily usage allotment are determined to be nonessential and are prohibited:
(1) The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane or other vehicle, except at a commercial fixed washing facility existing prior to the enactment of this sub-chapter or one that recycles and/or reuses the water.
(2) The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced area, or building or structure.
(3) The use of water to fill, refill or add to any indoor or outdoor swimming pools or jacuzzi pools except for neighborhood fire control (when deemed needed by the City Manager), where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor's prescription.
(4) The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support pre-existing fish life, e.g. goldfish, etc.
(B) Nonessential commercial or industrial use. The following commercial or industrial water uses are hereby determined to be nonessential and are prohibited:
(1) The use of water to serve a customer in a restaurant unless requested by the customer;
(2) The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life;
(3) The use of water from hydrants for construction purposes, (unmetered), fire drills or any purpose other than fire fighting;
(4) A minimum of 15% reduction in the use of water by a cemetery (owned by a separate taxing district), golf course or similar outdoor sport activities to irrigate any portion of its grounds except those areas designated as tees and greens or similar limited areas;
(5) The use of water for dust control.
(C) Gutter flooding. No person or customer shall cause or permit water to run to waste in any gutter or drain.
(D) Regulation of applications for new water service. No applications for new, additional, further expanded or increased- in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the period of this emergency, except for replacement of leaking water lines and interties (looping) of system.
(E) Discontinuance of service.
(1) The City Manger may, after one warning by certified mail or in person by staff, disconnect the water service of any person or customer whenever he determines that the person or customer has failed to comply with any provisions of this sub-chapter. Service so disconnected shall be restored only upon payment of the turn-on charge, in an amount of money as established by resolution of the City Council, or as otherwise specified by law, and any other costs incurred by the city in the discontinuance of service and the giving of suitable assurances to the city that the action causing the discontinuance will not be repeated.
(2) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer's service.
(F) Variances.
(1) The City Manager may in his sole discretion, in writing, grant temporary variances for prospective uses of water otherwise prohibited after determining that due to unusual circumstances to fail to grant the variance would cause an emergency condition affecting health, welfare, sanitation or fire protection of the applicant or the public.
(2) No variance shall be retroactive or otherwise justify any violation of this sub-chapter occurring prior to issuance of the temporary variance.
(Ord. 1822, passed 6-28-93) Penalty, see § 52.99
In addition to the restrictions in §52.28, the following curtailments are to be enforced:
A) One or two residential units - daily usage allotment.
| One permanent resident | 50 gallons |
| Two permanent residents | 85 gallons |
| Three permanent residents | 115 gallons |
| Each additional permanent resident | 30 gallons |
(B) Multi-residential units.
(1) Daily usage allotment for each unit shall be 100 gallons per day.
(2) Each customer in whose name water is supplied to a residence, or residences or apartment or other dwelling units, shall upon request of the City Manager advise the city under penalty of perjury the number of permanent residents using water supplied to the residence, residences, apartments or other dwelling units. If the customer fails to advise the City Manager, each residence, apartment or dwelling unit shall be permitted the water allocation herein provided for one permanent resident.
(C) Nonessential commercial uses defined. Uses of water for commercial purposes in excess of the following amounts are determined to be nonessential and are prohibited:
(1) The use of water for schools (irrigation), parks, cemeteries, recreation areas, golf courses, community food gardens, residential gardens, and similar recreation or memorial type facilities in excess of 75% of the amount consumed in the same time period of the previous year.
(2) The use of water for schools (domestic), for nursery facilities, restaurants, shopping centers, gasoline service stations, health and swim clubs, and all other commercial uses in excess of 90% of the amount consumed in the same time period as the previous year.
(D) Nonessential industrial uses defined. Uses of water for industrial purposes in excess of the following amounts are determined to be nonessential:
(1) The use of water for manufacturing, food processing, cooling or cleaning of equipment in excess of 85% of the amount consumed in the same time period as the previous year. Customers may, with proper documentation of need, obtain a variance from the City Manager, granting the level of relief needed.
(2) The use of water for agricultural irrigation in excess of 75% of the amount consumed in the same time period as the previous year.
(E) Other nonessential uses. All other uses of water not expressly set forth in this subchapter in excess of 75% of the amount consumed in the same time period as the previous year are determined to be nonessential.
(F) Determination of amount of prior water consumption. The amount of water consumed in the same time period as the previous year shall be determined by the city from its records. Where no records exist, the amount shall be the average use of similar existing services as determined by the city from its records.
(G) Evaluation of applications for new water service. No applications for new, additional, further expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the time this emergency is declared by City Council resolution to be in effect, except for replacement of leaking water lines, making interties (looping), areas where the pressure provided by the city is very low and relief can only be obtained by providing a larger service line(s).
(Ord. 1822, passed 6-28-93)
Each city law officer of the city's police force shall diligently enforce the provisions of this sub-chapter. All employees of the city, Public Works Department and Fire Department have the duty and are hereby authorized and directed to notify the City Manager of violations of the provisions of this sub-chapter.
(Ord. 1822, passed 6-28-93)
(A) The City Manager in his sole discretion may, in writing, adjust any consumer's usage allotment if it is determined that due to unusual circumstances to fail to do so would cause an emergency condition affecting health, sanitation or fire protection of the applicant or the public.
(B) No variance or adjustment shall be retroactive or otherwise justify any violation of this sub-chapter occurring prior to issuance of temporary variance or adjustment.
(Ord. 1822, passed 6-28-93)
The provisions of this sub-chapter shall prevail and control in the event of any inconsistency between this sub-chapter and any other rules or regulations of the city.
(Ord. 1822, passed 6-28-93)
(A) Any person violating any of the provisions of §§52.01 through 52.15 commits a Class A violation.
(Ord. 429, passed 6-14-61; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(B)
(1) Any person violating any provision of §§52.25 through 52.32 commits a Class A violation.
(2) After notice, each day is a separate violation. In addition, the City Manager may, after written or personal warning, disconnect the water service of any customer that repeatedly violates §§52.25 through 52.32. Water service disconnected shall be restored only upon payment of any turn-on charge and any other costs incurred by the assurances that the action causing the discontinuance will not be repeated.
(3) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer's service.
(Ord. 1822, passed 6-28-93; Am. Ord. 1976, passed 10-26-98)
(A) The customer service policies, rates, and associated fees for the city, d//b/a Hermiston Energy Services, shall be adopted by resolution of the City Council.
(B) Resolutions adopting customer services policies, rates, and associated fees for the city, d/b/a Hermiston Energy Services, shall be kept on file at the office of the City Recorder.
(Ord. 2065, passed 12-23-02)