Chapter 13.08 CITY SEWER SERVICE SYSTEM

“BOD” means biochemical oxygen demand; the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration in milligrams per liter.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building drain” means the lowest 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 which begins two feet outside of the building wall.

Building, Existing. “Existing building” means a building erected prior to the adoption of this code, and one which has not been constructed, but for which a legal building permit has been issued.

“Building sewer” means the piping of a drainage system which extends from the building drain to the sewer service extension.

“City” means the municipality of Valdez or the city of Valdez or the city council of Valdez.

Contractor. See sewer contractor.

“Director” means the city manager or such person designated by him to enforce this chapter.

“Equivalent residential unit” means a sewage service unit which is substantially equivalent to a single-family residence in sewage output and function.

“Garbage” means solid organic wastes from the preparation of cooking and dispensing of food, produce or organic matters and from handling, storage and sale thereof.

“Industrial waste” means the sewage from an industrial process, as distinct from sanitary sewage.

“Owner” means one who holds a lawful title to the property.

“Person” means any individual, firm, company, corporation, partnership, association, society or group.

“pH” means the measure of the acidity or alkalinity of a substance, expressed in standard units.

“Plumbing fixture unit” means the number of fixture units as shown in Table 4-1 of the 1991 Uniform Plumbing Code.

“Properly shredded garbage” means garbage which has been shredded so that all particles may be carried freely under the sewage flow conditions normally prevailing and which has no particle greater than one-half inch in any dimension.

“Public sewer” means a sewer which is owned, operated and maintained by the city.

“Rental unit” means a space rented for one day or part thereof.

“Sanitary sewer” means a sewer that carries liquid- and water-carried waste and excludes stormwater, surface water and groundwater.

“Sanitary sewage” means any liquid waste containing animal or vegetable matter in suspension or solution.

“Sewage treatment facilities” means any arrangement of devices and structures used for treating sewage, including both public and private.

“Sewer contractor” means a person who constructs, installs, repairs, excavates or connects sewers.

“Sewer service extension” means piping from a public sewer main to the property line of the parcel to be serviced.

“Sewer main” means that part of the sewage system intended to serve more than one sewer service extension.

“Space” means any site rented to a motorhome, trailer, tent or any other recreational type structure or dwelling.

“Suspended solids” means particles that float on or are suspended in sewage and which may be substantially removed by filtering. (Ord. 95-13 § 1 (part); Ord. 93-05 § 1; prior code § 22-1)

13.08.020 Contractor’s license and permits required.

A. No person may uncover, disturb or make any connection to, or opening in, a sewer service extension or sewer main, or may construct or make any alterations or repairs in a public right-of-way, unless that person is a contractor licensed to perform that work under the laws of the state and has a sewer permit from the director prior to the commencement of the work.

B. The application for a sewer permit shall be made to the director and shall contain the following:

1. Owner’s name and mailing address;

2. Street address and legal description of the property;

3. Contractor’s name and mailing address;

4. Contractor’s registration number;

5. Use or proposed use of the building, or lot;

6. Number of residential, commercial or industrial units;

7. A diagram showing the real property involved, the location or proposed location of the building, and the location of the building drain, building sewer and, if known, the nearest sewer service or point to which connection is to be made;

8. Drawings showing how the connection will be made;

9. Type and size of materials to be used;

10. Other information considered necessary by the director.

C. A sewer permit shall become null and void if the construction authorized thereby is not commenced within one hundred twenty days from the issuance of such permit, or if the work authorized thereby is suspended or abandoned for a period of one hundred twenty days.

D. A sewer permit shall be presented upon request of the director during the performance of the work and until the completion thereof and inspection and approval has been granted.

E. The director may, in writing, suspend or revoke a permit issued under provisions of this chapter, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of any provisions of this chapter.

F. 1. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter, or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this chapter or other ordinances shall not be valid.

2. The issuance of a permit based upon plans, specifications and other data shall not prevent the director from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing construction being carried on thereunder when in violation of this chapter or of any other ordinances of this jurisdiction. (Prior code § 22-2)

13.08.025 Installation of sewer service extension.

A. Sewer service extensions shall be installed only by the city or its authorized representatives.

Exception. A sewer service extension may be installed by a private contractor provided the director approves all proposed construction and the director or his authorized representative inspects and approves each phase of the installation.

B. No person shall install a sewer service extension closer than ten feet from a water service, nor shall sewer service extensions cross one property in order to reach another property unless the service extension is located within a dedicated easement that has been recorded for that purpose.

C. The city will furnish and install a sewer service extension of such size and at such location as the applicant requests, at the city’s convenience; provided, that such requests are reasonable, as determined by the director. Such sewer extension will be installed from the city’s sewer main to the property line of the premises which abut on the street serviced by the sewer main.

D. Charges for a new sewer service extension are payable at the time of application. Upon submitting an application for the installation of a sewer service extension, the director shall estimate the cost of construction. If the actual cost should exceed the cost originally estimated and deposited, the customer will be billed for any excess. If the actual cost to the city is less than the original statement, the difference will be refunded to the customer. (Ord. 95-05 § 1)

13.08.030 Permits—Fees—Defined.

“Connection fee” means a fee determined by city council by resolution for connections to the public sewer system.

“Investigation fee” means a special fee which will be levied whenever work has commenced prior to the issuance of a valid permit.

“Permit” means a permit issued by the director to construct, install, extend or make any connection to the public sewer.

“Permit fee” means the fee charged by the city for a construction permit to construct, install, extend or make any connection to the public sewer.

“Use fee” means a fee determined by city council by resolution for the use of the public sewer system. (Prior code § 22-3)

13.08.040 Investigation fees.

A. Whenever any work for which a permit is required by this chapter has commenced without first obtaining the permit, a special investigation shall be made. A permit may be issued for such work if, in the opinion of the director, the work previously done is acceptable. In such case, an additional fee for the investigation shall be added to the fees required.

B. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this article. (Prior code § 22-4)

13.08.050 Sewer connection fee.

A. No person, firm, or corporation shall connect or cause to be connected to the city sewage system any building or facility, nor remodel or construct an addition to any building or facility already connected to the city sewage system which will substantially increase that building’s or facilities input to the sewage system until a sewer connection fee shall have been paid.

B. For the purpose of determining the sewer connection fee:

1. A residential unit is defined as any unit designed for single-family occupancy, whether it be a single-family residence, an apartment in a duplex or larger multifamily building, but not including a mobile home court.

2. All other buildings or facilities shall be considered as nonresidential.

C. In the event that sewer connections have been made, allowed or required, for which a sewer connection fee has not been paid, the city may determine and assess the connection fee at anytime. Any unpaid sewer connection fee shall create a lien on the property served to the extent of balance due plus interest at the highest legal rate. (Prior code § 22-5)

13.08.060 Sewer use fee.

A. Each and every person making use of the public sewer shall pay for the same on an equivalent residential unit price. The following equivalent residential units shall apply:

1. Single-family dwellings: for each single-family dwelling, one unit.

2. Multiple-family residence: for each residential unit, one unit.

3. Mobile home park: for each rental space in a mobile home park where service is available to a space which is used, one unit. The mobile home park manager shall, the first of every month, provide the city with a list of all spaces occupied within the park. All mobile home courts shall be billed directly for each space occupied.

4. Motel or hotel: for each four rooms or fraction thereof, one unit.

5. Camper park: for each five spaces or fraction thereof, one unit, except from May 1st to October 15th of each year for camper parks with twenty spaces or more the residential unit shall be equal to a rental unit having a water usage of fifty gallons per day. The sewer use fee shall be calculated by multiplying the number of occupied rental units per day times fifty gallons per day, times a cost per thousand gallons which shall be established by the city council by resolution. Park owners or their representatives will report the monthly rental units and remit the amount due along with a city rental report form by the last day of the following month. If an operator has failed to file a return or incorrectly reports the amount due, the city shall prepare a notice of delinquency and shall include interest in accordance with Section 3.04.070 of this code.

6. Restaurant: for eight seats or fraction thereof, one unit.

7. Bar or cocktail lounge: for each twenty-five seats or fraction thereof, one unit.

8. Retail store, office or factory: the owner of the building will pay for the sewage usage in the building area that falls under this classification, and for each eight plumbing fixture units or fraction thereof, one unit.

9. Schools:

a. Public or private high schools or colleges: for each fifteen persons or fraction thereof in average daily full-time attendance, one unit.

b. Public or private elementary schools: for each twenty-five persons or fraction thereof in average daily attendance, one unit.

Average daily attendance shall be based on annual attendance. “Persons,” as used in this section, includes students, teachers and all school staff and administration.

10. Theater or auditorium: for each one hundred seats or fraction thereof, one unit.

11. Churches: for each church, one unit.

12. Laundromats or self-service laundry: for each washing machine in a commercial laundromat or self-service laundry or in any other washing facility, the use of which is not strictly limited to occupants of the residential building, or mobile home park in or on which the facility is located, one unit.

13. Hospital, rest home, convalescent home: for each bed in a hospital, rest home, convalescent home or similar facility, one unit.

14. Gasoline service stations: for each gasoline service station, one unit.

15. Combined facilities: for each building which has more than one type of business or occupancy on one sewer system, the number of service units will be charged, that is the combined sum of the individual units, which are applicable to the facilities involved.

16. Where a commercial customer is not specifically listed above, the director shall determine which category the customer most closely resembles in quantity and quality of sewage output, and classify each customer accordingly.

17. Where a building is devoted to a business involving special water consuming devices or equipment, the director or his designee may establish a special rate based on the quantity and quality of sewage output.

18. All facilities shall be charged only for the time that water or sewer is provided.

19. Minimum charge for each facility is one service unit.

B. A customer may have his/her sewer service discontinued by notifying the city in writing within five days of the desired discontinuance. He will be required to pay all water and sewer charges until the date of discontinuance. Sewer use fees will be discontinued until such time as water or sewer service is again provided.

C. Sewer service charges are billed and payable in advance of service rendered. If such bill is not paid prior to the billing date of the next billing, it is delinquent and service may be discontinued.

D. All bills are due and payable upon presentation. Payment is to be made at, or mailed to the office of the director. Closing bills, if service is to be disconnected, are due and payable upon presentation, collection will be made at the time of presentation. When bills are delinquent, the city may demand that the full amount of both delinquent and current bills be paid in full before sewer service is restored. The owner of the real property served shall be responsible for sewer bills incurred by tenants. (Ord. 95-13 § 1 (part); Ord. 93-05 §§ 2, 3: prior code § 22-6)

13.08.070 Inspections.

A. It shall be the responsibility of the permit holder to notify the director that the work is ready for inspection. Request for inspection(s) shall be filed at least twenty-four hours before such inspection is desired. The director may require such requests be made in writing.

B. It shall be the responsibility of the permit holder requesting any inspections required by this chapter to provide access to and means for proper and safe inspection of such work.

C. Whenever any work is being done contrary to the provisions of this chapter, the director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the director to proceed with the work. (Prior code § 22-7)

13.08.080 Connections required.

A. Every building in which plumbing fixtures are installed, and every premises having drainage piping thereon, shall have a connection to a public sewer.

B. Such connection shall be made entirely at the expense of the owner.

C. When no public sewer intended to serve any lot or premises is available, drainage piping from any building or works shall be connected to an approved private sewage disposal system.

D. Within the limits prescribed by subsection E of this section, the rearrangement or subdivision into smaller parcels of a lot which abuts and is served by a public sewer shall not be deemed cause to permit the construction of a private sewage disposal system, and all plumbing or drainage systems on any such smaller parcel or parcels shall connect to the public sewer.

E. The public sewer may be considered as not being available when such public sewer is located more than two hundred feet from any lot.

F. In case of existing buildings, such connection shall be made within ninety days after the director notifies the owner in writing of the availability of a public sewer, except as provided in Section 13.12.010.

G. In the case of buildings under construction, occupancy of such buildings is unlawful until such connection has been made.

H. The director shall have the authority to allow the use of portable restrooms on property that is located within two hundred feet of the public sewer provided that:

1. The use is for a nonprofit organization for no more than one hundred twenty days and shall not be allowed after December 31, 1995;

2. A signed, notarized statement of permission from the property owner is provided;

3. A contract for the pumping of the portable restrooms is provided that extends for the term of the permit;

4. The portable restrooms are screened. (Ord. 95-09 § 1; prior code § 22-8)

13.08.090 Connection to the sewer service.

The connection of a building sewer to a sewer service extension shall be made with fittings and in the manner approved by the director. At the director’s option, the connection to the sewer service extension may be made by the city after the contractor has excavated the sewer service. There shall be no water allowed to enter the sewer service extension while making the connection. (Prior code § 22-9)

13.08.100 Building sewer repair.

A. Any repairs to a building sewer deemed necessary by the director, shall be made by the owner or a licensed contractor within thirty days after the director notifies the owner in writing specifying the repairs required. The director may require that repairs be made in less than thirty days if an emergency exists.

B. In the event that a connection is not made in the time and manner specified in Section 13.08.080, and in the event repairs are not made as specified in subsection A of this section, the director may cause the same to be made. The director shall bill the owner for such expenditures including, but not limited to labor, equipment and administration fees. If not paid, the expenditures shall constitute a lien upon the property, plus interest at the highest legal rate at the time of the repair. (Prior code § 22-10)

13.08.110 Excavation regulations.

All construction must meet or exceed all current city adopted standards. At the director’s option, the connection to an existing sewer main may be constructed by the city after the contractor has excavated the sewer main. The excavation shall be made safe prior to any inspection. (Prior code § 22-11)

13.08.120 Protection of excavations.

Any excavation made by a sewer contractor in a right-of-way or immediately adjacent thereto, shall be protected and guarded by adequate barricades and marked with warning lights from one-half hour before sunset to one-half hour after sunrise and other times when visibility problems may exist. Such barricades and warning devices shall be placed in number and location as required by the Manual of Uniform Traffic Control Devices, and as may be required by the director. The protection of the public from the danger of such excavation shall be the responsibility of the sewer contractor, and the contractor shall be liable for any damage caused by his failure to properly protect and guard such excavation as herein required. If the contractor fails to protect and properly guard such excavation as herein required, the city may protect and properly guard such excavation and charge the costs thereof to the sewer contractor who shall, upon receiving written notice of the amount of charge, promptly pay the same to the city. (Prior code § 22-12)

13.08.130 Sewer service where not required.

A. Where the owner of a building is not required to connect to a public sewer pursuant to Section 13.08.080, the owner may elect to connect to a public sewer upon agreement with the city. Such agreement shall be known as a “standard participation contract.”

B. The city shall not enter into a standard participation contract unless the sewer treatment facilities can adequately provide the additional sewer treatment service.

C. A standard participation contract shall provide:

1. That the owner have full authority to bind the property on which the building is located with the terms and covenants contained in the contract;

2. That the owner shall abide by the laws and regulations of the city appertaining to sewage and that the owner shall duly and regularly pay for service at designated rate(s) as shall from time to time be fixed by city council;

3. That the property on which the building is situated shall be subject to liens, penalties and interest for nonpayment of service charges;

4. That the building situated on the property shall be provided with sewer service;

5. Other terms agreeable to the owner and the city. (Prior code § 22-13)

13.08.140 Disconnection.

No person shall disconnect or cause to be disconnected a building from a building sewer or a building sewer from a public sewer without first having obtained a capping permit from the director. In the event that disconnection is allowed, the building sewer or public sewer shall be sealed and capped by the person causing the disconnection at the points and in the manner designated by the director. (Prior code § 22-14)

13.08.150 Limit of service per building.

A. A sewer service extension shall serve only one lot unless, prior to construction of the sewer service extension, written approval is obtained from the director.

B. Nothing contained in this chapter shall be construed to prohibit the use of all or part of an abutting lot to:

1. Provide access to connect a building sewer to an available public sewer, when proper cause and legal easement not in violation of other requirements has been first established to the satisfaction of the director;

2. Provide additional space for a building sewer or part thereof, when proper cause, transfer of ownership, or change of boundary not in violation of other requirements has been first established to the satisfaction of the director. The instrument recording such action shall constitute an agreement with the city which shall clearly state and show that the areas so joined or used shall be maintained as unit during the time they are so used. Such an agreement shall be recorded in the office of the district recorder as part of the conditions of ownership of the properties, and shall be binding on all heirs, successors and assigns to such properties. A copy of the instrument recording such proceedings shall be filed with the director. (Prior code § 22-15)

13.08.160 Unlawful wastes defined.

Except as authorized by a permit issued pursuant to Chapter 13.16, it is unlawful to discharge or cause to be discharged into a public sewer, or place or cause to be placed where they are likely to leak or escape into a public sewer, any of the following:

A. Ashes, cinders, sand, earth, rubbish, mud, straw, metal, glass, rags, feathers, tar, plastic, wood, fish or animal products or offal, or any other solid or viscous substance that is capable of or likely to obstruct or interfere with the capacity or operation of the public sewer system;

B. Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter which is flammable or explosive or capable of becoming flammable or explosive upon introduction to a public sewer;

C. Any discharge having a temperature greater than two hundred degrees fahrenheit;

D. Sewage containing suspended solids in excess of three hundred fifty milligrams per liter or of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment facility;

E. Sewage containing grease or oil in excess of three hundred milligrams per liter;

F. Matter with BOD greater than three hundred milligrams per liter;

G. Sewage with pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel, or sewage works;

H. Garbage that has not been properly shredded;

I. Sewage containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process, which constitute a hazard to humans or animals, or create any hazard in the receiving waters of a sewage treatment plant;

J. Any noxious or malodorous matter capable of creating a public nuisance, including the contents of on-site sewage treatment systems, without written consent of the director;

K. Waters from irrigation, cooling processes, industrial processes creating no substantial water contamination, storm or roof drains, surface or roof runoff, subsurface drainage, swimming pools, ponds or reservoirs;

L. Any matter which is radioactive to any degree above that which normally prevails in the city;

M. Any other substance(s) that may, in the opinion of the director, jeopardize or damage the capacity of the sewage system and treatment of wastewater. (Prior code § 22-16)

13.08.170 Planting of certain trees and shrubbery.

No person shall plant or maintain poplar, cottonwood, soft maples, willow, or any other trees or shrubs whose roots will likely intrude and obstruct public sewers. The director may remove any trees or shrubs when they or their roots are obstructing, or when he shall determine that they may obstruct, public sewers. The director shall give ten days’ notice in writing to the owner or occupant of the affected property to remove the trees or shrubs, and if the owner or occupant fails or refuses to do so, the removal may be performed by the city. The cost of the removal when completed at the direction of the director, shall be a charge against the owner, or a lien upon the property from which the trees or shrubs are removed. (Prior code § 22-19)

13.08.180 Powers of director, etc.

A. The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter, upon all properties for the purpose of inspection, observation, measurements, sampling and testing, in accordance with provision of this chapter.

B. Whenever, in this chapter, the director is empowered to enter upon any private property or into the works for any project which may extend onto public property, to effect repairs or remedies to abate conditions he deems hazardous, such entry and abatement shall be made in the same manner as provided for dangerous buildings, as set forth in the Uniform Building Code, under Chapter 15.04 of this code. In lieu of doing, or causing, remedial measures to be executed, the director may order the premises to be vacated until such time as the hazardous conditions have been abated in a satisfactory manner. (Prior code § 22-20)

13.08.185 Frozen sewer systems.

The property owner shall be responsible for locating and thawing any frozen sewer lines between the sewer main or other buildings served. (Ord. 96-28 § 1)

13.08.186 Adoption of state regulations.

So much of the Alaska Administrative Code, 18 AAC 72, in effect on April 1, 1999, and such amendments as may be made thereto from time to time, as may be and are applicable to the city regarding the city sewage collection system are hereby adopted by reference, substituting the words “city of Valdez” in place of “department”. (Ord. 02-02 § 1 (part))

13.08.187 Amendments.

A. Any future amendments to 18 AAC 72 will be effective in this code also.

B. Amendments or supplements to this chapter may be made and/or enacted by the city council as provided by the Charter. (Ord. 02-02 § 1 (part))

13.08.190 Liability.

The director or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act of omission in the discharge of his duties. Any suit brought against the director or employees, because of such act or omission performed by him in the enforcement of any provisions of this chapter, shall be defended by the legal department of the city until final termination of the proceedings, and any judgment resulting therefrom shall be assumed by the city. (Prior code § 22-21)

13.08.200 Violation—Penalty.

In addition to being subject to the general penalty for city ordinance violations, any violator of the provisions of this chapter is responsible for payment of damages and all costs to the city connected with or caused by the violation. (Prior code § 22-22)