Chapter 13.16
SEWER
Sections:
13.16.005 Sewer system generally.
Article I. General Provisions
13.16.010 Definitions.
13.16.020 Use of public sewers required.
13.16.030 Connection charges.
13.16.040 Private sewage disposal.
13.16.050 Building sewers and connections.
13.16.060 Use of the public sewers.
13.16.070 Protection from damage.
13.16.080 Powers and authority of inspectors.
13.16.090 Penalties.
13.16.100 Recovery of damages.
Article II. Sewer Charges
13.16.110 Levied.
13.16.120 Rates.
13.16.130 Collection – Monthly.
13.16.140 City’s authority not restricted.
13.16.150 Purpose.
13.16.160 Collection – Enforcement.
13.16.005 Sewer system generally.
Pursuant to the general laws of the state of Oregon and the powers granted by the Charter of the city of Dundee, Oregon, the city has heretofore acquired, constructed, and now operates and maintains within the city a sewage disposal plant, sewers, equipment, and appurtenances necessary, useful, and convenient for a complete sewer system, and the council does hereby declare its intention to operate and maintain said sewer system and to acquire and construct additions and improvements thereto as may be necessary, useful, and convenient for a complete sewer system and disposal plant, including the reconstruction and maintenance of sewer lines as may be necessary. [Ord. 147 § 1, 1971].
Article I. General Provisions
13.16.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
ASTM Specifications. All references to the form ASTM shall mean the Standard Specifications or Methods of the American Society for Testing Materials of the serial designation indicated by the number and, unless otherwise stated, refer to the latest adopted revision of said specification or method.
“BOD” (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million of weight.
“Building drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
“Building sewer” shall mean the extension from the building drain to the property line or right-of-way line and connection with the public sewer service connection.
“Connection charge” shall mean the fee levied by the city of Dundee to cover the cost of inspection and construction of the public sewer lateral to the property which is to be served, and for a portion of the construction cost of the lateral sewers, and other administrative costs.
“Garbage” shall mean solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
“Industrial wastes” shall mean the liquid wastes from any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972 Edition, Office of Management and Budget, as amended and supplemented under the following divisions:
1. Division A – Agriculture, Forestry and Fishing.
2. Division B – Mining.
3. Division D – Manufacturing.
4. Division E – Transportation, Communications, Electric, Gas and Sanitary Services.
5. Division I – Services.
A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
“Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
“Person” shall mean any individual, firm, company, association, society, corporation or group.
“pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
“Properly shredded garbage” shall mean the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow and conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
“Public sewer” shall mean a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
“Sanitary sewer” shall mean a sewer which carries sewage and to which storm, surface, and groundwater are not intentionally admitted.
“Service connection” shall mean a public sewer which has been constructed to the property line or right-of-way line from a public sewer lateral or main for the sole purpose of providing a connection for the building sewer.
“Sewage” shall mean a combination of the water-carried wastes, from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
“Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.
“Sewage works” shall mean all city-owned facilities for collecting, pumping, treating, and disposing of sewage.
“Sewer” shall mean a pipe or conduit for carrying sewage.
“Storm sewer” or “storm drain” shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
“Superintendent” shall mean the city works superintendent of the city of Dundee or his authorized deputy, agent, or representative.
“Suspended solids” shall mean solids that either float on the surface or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering.
“Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 206 § 1, 1979; Ord. 115 § 1, 1968].
13.16.020 Use of public sewers required.
A. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city of Dundee or in any area under the jurisdiction of said city any human excrement, garbage, or other objectionable waste.
B. It shall be unlawful to discharge to any natural outlet within the city of Dundee, or in any area under the jurisdiction of said city, any unsanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
C. 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 within the corporate limits of the city of Dundee, or in any area under the jurisdiction of said city.
D. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city of Dundee 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 of the city of Dundee, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer, either by gravity or with approved pumping facilities, in accordance with the provisions of this article, within 90 days after the date of official notice to do so; provided, that said public sewer is available to or on the property and/or at a property line of said property and the structures or buildings are within 300 feet of the public sewer. In the event that during the said period of 90 days, the said owner shall file his written objections with the city recorder against so being required to install said facilities, the city shall not enforce the provisions of this subsection upon said owner, so filing his objections, until the council shall have, at a meeting thereof, heard the said objections of said owner, and rendered its decision thereon. The said meeting of the council shall be held not less than 10 days or more than 30 days from and after the date of the filing of said objections with the city recorder. Not less than seven days prior to the date set by the council for said meeting, the city shall give due notice of the date set therefor to said owner. The decision of the council shall be final and no appeal shall be taken therefrom by said owner except as is provided by law. [Ord. 115 § 2, 1968].
13.16.030 Connection charges.
A. All houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes which are required to connect to the public sewer under the provisions of this article shall pay a connection charge for each separate service connection provided to the property. When one service connection serves two or more persons, each person shall pay a connection charge.
B. After May 7, 1990, all persons desiring or required to connect to the city sewer system or extensions thereof shall, when applying for a sewer connection, pay a connection fee of $1,000.
C. In the event of a future expansion of the city sewerage system to be made by the city itself, the connection charge shall be as in subsection (C) of this section.
It is further provided that in the event at any time in the future there shall be additional territory taken into the city or areas outside the city shall be served by the municipal sewer system, all future connections to the sewer system by the properties in said areas shall in addition to all other charges pay as part of any hookup or as a connection charge an amount equal to the sum in subsection (C) of this section.
D. That at any time when any improvement which is connected to the municipal sewer system is destroyed by fire or is torn down and no longer connected to the sewer system, the owner thereof shall file a certificate with the city recorder stating the date of destruction or removal of said improvements and pay up all sewer service charges from the date of said destruction or removal and thereafter there shall be no monthly service charge made to said property until new improvements are placed on said premises and are connected to the sewer system; and it is further provided, that when said property which is removed from the sewer service charges is reconnected to the sewer, the city recorder shall check in his records and determine whether or not said property has paid into the sewer use fund an amount equal to the sums set up in subsection (C) of this section, as of the date of the filing of such certificate; and if said property has paid in sewer charges sums equal to this amount accrued as of such filing date, then no additional charges will be made; if not, and upon rehooking up the property to the municipal sewer system, the owner of said property shall pay the difference between the amount therefor paid into the sewer use fund and the amount accruing under subsection (C) of this section as of the date of the filing of such certificate.
E. The city recorder upon receipt of a certificate of destruction or removal of improvements to property connected to the municipal sewer system shall present such certificate at the next council meeting, and the council shall then consider the matter; and upon adoption of a resolution removing said property from the sewer service charge rolls, the recorder shall make proper notation in the proper records of the city and remove said property from the monthly sewer charge until the property is again hooked up to the municipal sewer system. [Ord. 288A § 1, 1990; Ord. 260 § 1, 1985; Ord. 187 § 1, 1976; Ord. 143 § 1, 1971; Ord. 115 § 3, 1968].
13.16.040 Private sewage disposal.
A. Where a public sanitary or combined sewer is not available under the provisions of DMC 13.16.020(D), the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Oregon State Sanitary Authority, the Oregon State Board of Health, and the Plumbing Code of the State of Oregon.
B. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in DMC 13.16.020(D), a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material, except as provided below, or as the city council shall otherwise permit. Where existing buildings are too low to be served by gravity by an available sewer, the existing septic tank facilities shall be maintained in use, and when so ordered by the city of Dundee under DMC 13.16.020(D), approved pumping facilities shall be installed to pump the septic tank effluent into the available sanitary sewer system.
C. The provisions of this section shall be in addition to and not in derogation of the requirements of general law. [Ord. 115 § 4, 1968].
13.16.050 Building sewers and connections.
A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereto and no person, firm, or corporation shall make any connection to any part of the sewer system without first making an application and securing a permit therefor.
B. There shall be two classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city of Dundee. The permit applications shall be supplemented by any plans, specifications, or other information considered pertinent to the superintendent’s judgment. A permit and inspection fee of $2.50 shall be paid to the city recorder at the time the application is filed. No permit shall be issued until the connection charge specified in DMC 13.16.030 has been paid.
C. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation.
D. Old building sewers may be used in connection with new buildings, or new buildings only when they are found, on examination and tested by the superintendent, to meet all requirements of this article.
E. The building sewer shall be of cast iron soil pipe conforming to Federal Specification WW-P-401, Class B, with leaded and caulked or rubber ring joints, asbestos-cement pipe with rubber ring joints conforming to Federal Specification SS-P-331a, or clay pipe conforming to ASTM C-278 and Clay Pipe Institute West Coast Standards. Clay pipe joints shall be factory-made compression type conforming to ASTM C-425.
F. Building sewer connections shall be made on the house side of the septic tank to the existing cast iron soil pipe, or approved existing asbestos-cement or clay pipe. When connecting cast iron soil pipe to asbestos-cement or clay pipe, a special approved adaptor shall be used. Connection of the building sewer to the city sewer at the property line shall be with an approved adaptor.
G. The first fitting at the connection with the public sewer and the building sewer shall be an asbestos-cement or clay tee, furnished by the owner. The tee branch shall extend vertically to within one foot of finished ground surface and shall be sealed with an approved cap or plug. This riser shall be used for inserting a test plug for water testing the building sewer and as an auxiliary cleanout. Backfilling around the riser shall be done in such a manner so as not to damage the pipe.
H. The size and slope of the building sewer shall be subject to the approval of the superintendent, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall not be less than one-fourth inch per foot, unless otherwise approved by the superintendent, but in no case will grades flatter than one-eighth inch per foot be approved.
I. Building sewers serving buildings with basements shall, whenever possible, be brought to the building at an elevation below the basement floor.
J. The building sewer shall be laid at uniform grade and in straight alignment insofar as is possible. Changes in direction shall be made only with curved pipe no greater than 45-degree long radius bends. No 45-degree short radius elbows shall be used. All pipe shall be laid on a four-inch granular base of three-fourths-minus rock, pea gravel, sand, or combination thereof. Backfill around the pipe and to a point four inches above shall be selected trenchsite material hand-placed and hand-tamped with no material larger than one inch.
K. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
L. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the superintendent. No backfilling of the trench shall be done until receipt of written approval from the city. Minimum cover shall be one and one-half feet above the top of the pipe.
M. All joints and connections shall be made gastight and watertight.
N. The applicant for building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the building drain. After final approval and testing of the building sewer by the superintendent, the owner shall make the final connection to the building drain as defined in DMC 13.16.010, unless otherwise authorized by the superintendent. A 15-minute internal hydrostatic test will be required on all building sewers before connection is made to the building drain. All water, plugs, and other facilities for making the test shall be furnished by the applicant. Minimum head over the top of the pipe shall be two feet and maximum allowable leakage shall be four gallons per hour per 100 feet.
O. No plumbing contractors shall be allowed to make connections of private sewers to the sewage works of the city of Dundee on behalf of any owners of property therein without first posting with the city a bond in the sum of $1,000, indemnifying the city and the inhabitants thereof against any loss or damage which the city or the inhabitants thereof might suffer by reason of the actions of said contractors in making said connections. [Ord. 115 § 5, 1968].
13.16.060 Use of the public sewers.
A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water to any sanitary sewer.
B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process water may be discharged, upon approval of the superintendent, to a storm sewer or natural outlet.
C. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer:
1. Any liquid or vapor having a temperature higher than 150 degrees Celsius.
2. Any gasoline, grease, oils, paint, benzine, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas.
3. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substances capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage works.
4. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
5. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
6. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant.
7. Any noxious or malodorous gas or substance capable of creating a public nuisance, including the contents of septic tanks and cesspools, without written consent of the superintendent.
D. Grease, oil, and sand interceptors shall be provided, when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand, and other harmful ingredients, except that such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the superintendent and shall be located so as to be readily and easily accessible for cleaning and inspection, and shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
E. The admission into the public sewers of any waters or wastes having (1) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing any quantity of substances having the characteristics described in subsection (C) of this section, or (3) containing more than 350 parts per million by weight of suspended solids, or (4) having an average daily flow greater than two percent of the average daily sewage flow of the city shall be subject to the review and approval of the superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary. Plans, specifications, and any other pertinent information relating to the proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and of the Oregon State Sanitary Authority, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
F. When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible at all times.
G. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense.
H. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made above shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage,” and shall be determined 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.
I. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city of Dundee and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment subject to payment therefor by the industrial concern. [Ord. 115 § 6, 1968].
13.16.070 Protection from damage.
No person, or persons, shall unlawfully, maliciously, willfully, or, as the result of gross negligence on his or their part, break, damage, destroy, uncover, deface or tamper with any structure, facility, appurtenance or equipment which is a part of the sanitary sewer system of the city of Dundee. This section does not apply, however, to any employee of the city during the time he is engaged in his official employment, nor to any person or persons authorized to work in any manner thereon. [Ord. 115 § 7, 1968].
13.16.080 Powers and authority of inspectors.
The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article at such times and during such hours that the council shall approve. [Ord. 115 § 8, 1968].
13.16.090 Penalties.
A. Any person or persons violating any of the provisions of DMC 13.16.070 shall be guilty of disorderly conduct and, upon conviction thereof, shall be punished by a fine not to exceed $300.00 or by imprisonment for not more than 100 days, or both.
B. Any person or persons violating any of the provisions of this article except DMC 13.16.070, shall upon conviction thereof be punished by a fine of not to exceed $100.00 or imprisonment of not to exceed 10 days, or both. [Ord. 115 § 9, 1968].
13.16.100 Recovery of damages.
Any person or persons who, as the result of violating any of the provisions of this article, cause any expenses, loss or damages to the city of Dundee shall immediately become liable to the city for the full sum of such expenses, loss, or damage. The council may, at its discretion, instruct the city attorney to proceed against any such person or persons, in any court of competent jurisdiction, in a civil action to be brought in the name of the city of Dundee, for the recovery of the full sum of any such expense, loss, or damage sustained by the city. [Ord. 115 § 10, 1968].
Article II. Sewer Charges
13.16.110 Levied.
There is hereby levied and imposed upon all water users of the city of Dundee, Oregon, using water from the city’s water system irrespective of whether or not said premises so served are connected with the city sewer system, just and equitable charges for services or subsequent service to such premises by the sewer system in order to create a fund to provide adequate maintenance and operation of the sewage disposal plant and extensions and additions and improvements thereto. [Ord. 147 § 2, 1971].
13.16.120 Rates.
Sewer charges shall be established by resolution of the council. [Ord. 459-2007 § 1; Ord. 147 § 3, 1971].
13.16.130 Collection – Monthly.
All charges herein provided, and as hereafter provided, shall be charged, paid, and collected monthly at the rates above set forth, which are monthly rates, and shall be added to and shown on the regular monthly water bill and collected accordingly. [Ord. 147 § 4, 1971].
13.16.140 City’s authority not restricted.
This article shall in no way restrict the city’s authority to restrict waste that is deleterious to the sewage disposal plant and other sewage appurtenances. [Ord. 147 § 5, 1971].
13.16.150 Purpose.
The basis for determining charges as above set forth is adopted for the purpose of financing the operation and maintenance of the sewer system and for the purpose of financing construction of additions, improvements, and extensions of the city’s sewer system and disposal plant. [Ord. 147 § 6, 1971].
13.16.160 Collection – Enforcement.
The city may enforce the collection of rates and charges for use of sewage facilities as may be provided by the laws of the state of Oregon or permitted by the Charter and ordinances of the city of Dundee, and any delinquencies shall be placed on the lien docket of the city and may be certified to the assessor of Yamhill County, state of Oregon, for collection in the manner and as provided by ORS 224.400. Rates and charges for sewer facilities as hereinabove provided shall be collected monthly by the city recorder, and if not paid on or before 10 days from and after the date the same shall be payable, said rates and charges shall be deemed to be delinquent and subject to the same penalty as for the nonpayment of charges for water. [Ord. 147 § 7, 1971].