§ 51.001 Definitions

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.

• BOD (Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
• Building Drain. That part of the lowest horizontal piping of a drainage system which received the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewers, beginning five feet (1.5 meters) outside the inner face of the building walls.
• Building Sewer. The extension from the building drain to the public sewer or other place of disposal.
• Change in Use. Changes defined in development, and shall include conversion from residential to any other use including multifamily uses, and shall include an increase or change in the sewage strength, pH, character, or potential discharge of hazardous substances.
• City. The city of Hermiston, Oregon, and shall consist of the City Manager or his designated representative unless specifically referred to the City Council in this chapter.
• Collection System. The system of public sewers to be operated by the city designed for the collection of sanitary sewage.
• Combined Sewer. A sewer receiving both surface runoff and sewage.
• Commercial Independent Discharge. Any business or industry which possesses an independent licensed and permitted wastewater discharge system. Any classification must maintain independent facilities with approval of appropriate regulatory agencies and provide discharge of domestic waste to the public treatment works.
• Commercial User. Any premises used for commercial or business purposes which is not an industry as defined in this chapter.
• Development. The conversion or change in character of occupancy or use of a building which would place the structure in a different building group as defined in the Uniform Building Code; the erection of a new structure; the demolishing of existing buildings for the conversion of property to a differing use; the creation of gasoline pumps, drive-up windows, traffic islands or similar alterations which channelize, alter or increase the traffic volume or pattern on adjacent roadways. Development, for purposes of this chapter, shall not mean interior remodeling, repairs, maintenance of improvements, to any existing structure which does not increase the volume of the structure. Specifically exempted under this chapter are building facades, roof or exterior wall repair or replacement, heating, ventilating or electrical alterations, or activities similar in character.
• Development Site. An area consisting of a parcel or tract of land specifically identified by a person, as the land to be altered or developed. All required area to meet parking standards and similar requirements for a particular development shall be included in the term; however, the total property ownership of the proponent will not be considered in the site if it is not necessary to the development.
• Domestic Waste. Any wastewater emanating from dwellings or from domestic activities which are performed outside the home in lieu of a home activity directly by or for private citizens.
• 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 or 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 and designed for the use of the residents and their guests. Independent laundry facilities serving multi-family, mobile homes and trailer units shall be considered a dwelling unit for billing purposes.
• Fee in Lieu of Assessment. A charge payable upon the connection to the sewage works or the development of property.
• Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
• Industrial User.

(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.

• Industrial Waste. That portion of the wastewater emanating from an industrial user which is not domestic waste or waste from sanitary conveniences.
• May is permissive.
• Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
• Operation and Maintenance. All activities, goods and services which are necessary to maintain the proper capacity and performance of the treatment works for which the works were designed and constructed. The term Operation and Maintenanceshall include replacement as defined hereinafter.
• Person. Any individual, firm, company, association, society, corporation or group.
• pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
• Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than a half-inch (1.27 centimeters) in any dimension.
• Public Sewer. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
• Public Treatment Works. A treatment works owned and operated by a public authority.
• Replacement. Acquisition and installation of equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
• Sanitary Sewer. A sewer which carries sewage and to which storm, surface and groundwater are not intentionally admitted.
• Service Area. All the area served by the treatment works and for which there is one uniform user charge system.
• Sewage. A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with the ground, surface and storm waters as may be present.
• Sewage Treatment Plant. An arrangement of devices and structures used for treating sewage.
• Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage.
• Sewer. A pipe or conduit for carrying sewage.
• Shall is mandatory.
• Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
• Storm Drain or Storm Sewer. A sewer which carries storm and surface, waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
• Suspended Solids. Solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
• User. The person who is responsible for the payment of the sewer system charges.
• 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.
• Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 1737, passed 6-24-91)

§ 51.002 Depositing Objectionable Wastes

(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

§ 51.003 Privy Vaults and the Like; Connection to Public Sewer Required

(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

§ 51.004 Private Sewage Disposal

(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

§ 51.005 Tampering with Sewer Service Equipment

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

§ 51.006 Sewer Main Construction

(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)