Chapter 15.08 SEWERS

A. “B.O.D.” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in parts per million by weight.

B. “Building sewer” means that part of the lowest horizontal piping of a drainage system which receives the discharge from waste pipes inside the walls of the building and conveys it to the public sewer, beginning on the outside of the building wall and ending at the property line.

C. “Director” means the director of public works of the borough or his authorized deputy, agent or representative. The director may also be the health officer, if the assembly so appoints.

D. “Inspector” means the person or persons in the borough department of public works duly authorized by the borough to inspect and approve the installation of building sewers and their connection to the public sewer system.

E. “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

F. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.

G. “Service lines” means the sewage pipe laid from the sewer main to the point of discharge of the sewage user’s building.

H. “Sewage” means the water-carried wastes from residences, business buildings, institutions and industrial establishments.

I. “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

J. “Sewer mains” or “main” means the pipe laid parallel to a street, road or alley for the purposes of carrying away sewage discharged from the service lines.

K. “Suspended solids” means solids that either float on the surface or are in suspension in water, sewer, or other liquids; and which are removable by laboratory filtering.

L. Vacation Rates. A customer can apply for vacation rates if there is no one living in the household in excess of 30 consecutive days. The customer is only eligible if they apply in advance in writing showing when they are leaving and when they will return. Falsification of the information concerning vacation rates may result in forfeiting the ability to apply for vacation rates in the future. [Ord. 851 § 3, 2011; Ord. 364 § 5, 1977; Ord. 228 § 5, 1969; prior code § 42.70.150.]

15.08.020 Connection to borough sewer required.

A. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the borough or on borough property and abutting any street, alley or right-of-way in which there is now located or may be in the future located a public sewer of the borough is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 14 days after date of official notice to do so; provided, that the public sewer is within 200 feet of the property line unless the connections cannot be made with a gravity flow system, then the property owner may install on-site sewage disposal approved by the State Department of Environmental Conservation.

B. It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the borough or on borough property or in any area under the jurisdiction of the borough any human or animal excrement, garbage, or other objectionable waste which ordinarily would be regarded as sewage or industrial wastes.

C. Except as otherwise provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. [Ord. 607 § 4, 1995; Ord. 437 § 4, 1982; Ord. 364 § 5, 1977; Ord. 228 § 5, 1969; prior code § 42.70.030.]

15.08.025 Sewage pumps.

A. The borough will purchase and install for residential users only, a sewage pump where a gravity flow system is not reasonably possible from the sewer main to the residential dwelling. Only existing occupied residential dwellings on existing public sewer mains shall be eligible for the purchase and installation of a sewage pump by the borough after application, and submission of such information as is required to the borough manager.

B. The borough manager, subject to appeal and final determination by the assembly, shall determine who will qualify to have a sewage pump purchased and paid for by the borough, which determination as to sewer mains to be constructed in the future, to be determined on the cut-off date as hereinafter provided. The borough has determined that five residential users now qualify for the purchase and installation of a sewage pump by the borough.

C. In a residential district which is not presently served by a public sewer main, the borough will purchase and install a sewage pump when a public sewer line is constructed and installed; however, the borough will only purchase and install a sewage pump in lieu of a gravity flow system for those existing occupied residential structures which the borough manager may determine cannot be served by a gravity flow system, such determination to be made as of the date of award of the construction contract for the sewer main. If during the course of construction of the sewer main it is determined that a gravity flow system is not reasonably possible for other sewer users, additional sewage pumps may be purchased and installed by the borough after application to and approval by the borough manager.

D. Except as provided in subsection (E) of this section, the borough shall only purchase and install the sewage pumps or pay the cost of a sewage pump determined to be adequate by the borough. Any substitution, replacement, operation, maintenance or other cost associated with the sewage pump shall be the responsibility of the residential user.

E. In areas that must be served by a combination gravity flow and sewage pump system for connection to the main collection system, the borough will purchase, install, maintain and operate the sewage pump. A service charge of five percent will be added to the monthly rate charged for service to offset the additional costs to the borough.

F. Nothing in this section shall preclude a residential, commercial or industrial user who cannot install a gravity flow system, from designing, purchasing, installing, operating and maintaining a sewer system upon their own property if the system receives approval from the Alaska Department of Environmental Conservation. Any property owner that installs their own sewer system shall be responsible for all costs of design, purchase, installation, operation, and maintenance, replacement or other costs associated with the system. [Ord. 519 § 5, 1987; Ord. 437 § 5, 1982; Ord. 427 § 4, 1982.]

15.08.030 Dwellings deemed nuisance – Closing to occupancy.

A. Any occupied dwelling house or structure, or any dwelling house or structure intended for human occupancy, within the jurisdiction of the borough, the toilet facilities whereof are not connected with the borough sewer system as required in WMC 15.08.020 or are not in serviceable working order; or the toilet facilities whereof consist of a privy without adequate antiseptic treatment of human excrement; or the toilet facilities whereof are so designated as to permit human excrement or waste matter to fall onto the beach, water, ground or any pit below; or the toilet facilities whereof, or the disposal of human excrement therefrom, are in anywise unsanitary, malodorous, or dangerous to health or safety, is deemed and declared a common or public nuisance.

B. Any common or public nuisance, as defined in subsection (A) of this section, found within the jurisdiction of the borough shall summarily be ordered closed to occupancy by the chief of police or his deputy after the expiration of the notice period set forth in WMC 15.08.020 or 15.08.230(B) until the toilet facilities of the dwelling house or structure have been connected with the borough sewer system if required by WMC 15.08.020 or are in serviceable order, or both. [Ord. 228 § 5, 1969; prior code § 42.70.130.]

15.08.040 Dwellings deemed nuisance – Compliance required.

It is unlawful for any person to maintain, lease or use for human occupancy any dwelling house or structure which is a common or public nuisance as defined in WMC 15.08.030 or for any person maintaining, leasing or using for human occupancy any such dwelling house or structure which is a common or public nuisance to fail or refuse forthwith to close the dwelling or structure for human occupancy when ordered to do so by any police officer of the borough. [Ord. 228 § 5, 1969; prior code § 42.70.140.]

15.08.050 Application for service.

The sewer utility will require each prospective customer to sign an application for sewer service and to pay a service connection charge. Application must be made in writing on a standard form at the office of the borough building official. [Ord. 228 § 5, 1969; prior code § 42.70.010.]

15.08.060 Service connection charge.

Sewer connections to the borough sewer mains shall be installed only by the borough. The borough shall also bill, in addition to the installation charge, for labor and materials for the removal and replacement of concrete or asphalt, plus 10 percent to cover administrative and inspection costs.

15.08.070 Private sewage disposal.

A. When a public sanitary sewer is not available under the provisions of WMC 15.08.020, the building sewer shall be connected on a private sewage disposal system which shall be examined by an inspector to ensure compliance with all requirements of pertinent ordinances, rules, regulations, or statutes.

B. At such times as a public sewer becomes available to a property served by a sewage disposal system as provided in WMC 15.08.020, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

C. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the borough, and all such private sewage facilities, as provided in this section, shall be the responsibility of the user or owner of said private sewage disposal system, and the borough is in nowise responsible for any maintenance or repair, or stoppage or breakage, nor for any damages resulting therefrom, in such private sewage disposal systems.

D. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by federal or state officials. [Ord. 364 § 5, 1977; Ord. 228 § 5, 1969; prior code § 42.70.040.]

15.08.080 Building sewers.

A. A separate and independent building sewer shall be provided for every building; exceptions will be allowed only by special permission granted by the director of public works for good cause shown.

B. Old building sewers or portions thereof may be used in connection with new buildings only when they are found on examination and test by the inspector to meet all requirements of this chapter.

C. For the purpose of regulating the construction, addition, enlargement, conversion, equipment, use and maintenance of the sewage system as provided in this chapter, the specifications shall be those contained in that certain compilation of rules and regulations, prepared by the American Society of Mechanical Engineers, which compilation is known as the Uniform Plumbing Code, a code adopted by reference as the law of the borough.

D. 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 borough.

E. All building sewers shall have a cleanout accessibly located at the property line, of a size and design acceptable to the director of public works. [Ord. 364 § 5, 1977; Ord. 228 § 5, 1969; prior code § 42.70.050.]

15.08.090 Harmful discharges prohibited.

No persons shall discharge or cause to be discharged to any public sewer any harmful waters or wastes, whether liquid, solid or gas, capable of causing obstruction to the flow in the sewers, damage or hazard to structures, equipment and personnel of the sewage works, or other interference with the proper operation of the sewage works. [Ord. 228 § 5, 1969; prior code § 42.70.060(a).]

15.08.100 Grease, oil and sand interceptors required when.

Grease, oil and sand interceptors shall be provided when, in the opinion of an inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amount or any flammable wastes, sand and other harmful ingredient except that such interceptors shall not be required for private living quarters or dwelling units. Where installed they shall be maintained by the owner, at his expense, in continuously efficient operation at all times. [Ord. 228 § 5, 1969; prior code § 42.70.060(b).]

15.08.110 Certain discharges requiring review and approval – Preliminary treatment facilities.

A. The admission into the public sewers of any waters or wastes having the following:

1. A five-day biochemical oxygen demand greater than 300 parts per million by weight; or

2. Containing more than 350 parts per million by weight of suspended solids; or

3. Containing any quantity of substances having the characteristics described in WMC 15.08.160; or

4. Having an average flow greater than two percent of the average daily flow to the borough shall be subject to the review and approval of the director of public works.

B. Where necessary, in the opinion of the director of public works, the owner shall provide at his expense such preliminary treatment as may be necessary to do the following:

1. Reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight; or

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in WMC 15.08.160; or

3. Control the quantities and rates of discharge of such waters or wastes.

C. Plan, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director of public works, and of the Alaska Department of Environmental Conservation, and no construction of such facilities shall be commenced until said approvals are obtained in writing. [Ord. 364 § 5, 1977; prior code § 42.70.060(c).]

15.08.120 Maintenance of preliminary treatment facilities.

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. [Ord. 228 § 5, 1969; prior code § 42.70.060(d).]

15.08.130 Manholes in building sewers.

When required by the director of public works, 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 accessibly and safely located, and shall be constructed in accordance with plans approved by the director of public works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. [Ord. 228 § 5, 1969; prior code § 42.70.060(e).]

15.08.140 Permit required prior to sewer work.

No unauthorized person shall uncover, make any connections with, or opening into or use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the director of public works. [Ord. 228 § 5, 1969; prior code § 42.70.060(f).]

15.08.150 Certain waters prohibited.

No person shall discharge, permit or cause to be discharged any storm drainage water, surface water, groundwater, roof runoff, subsurface drainage or cooling water, to or in any sanitary sewer. [Ord. 228 § 5, 1969; prior code § 42.70.060(g).]

15.08.160 Prohibited substances.

Except as otherwise provided in this chapter, no person, firm or corporation shall cause to be discharged or allowed to be discharged into its sewer line or system any of the following described waters or wastes:

A. Any liquid or vapor having a temperature higher than 200 degrees Fahrenheit;

B. Any water or waste which may contain more than 50 parts per million, by weight, of fat, oil or grease;

C. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

D. Any garbage that has not been properly shredded;

E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage works;

F. Any waters or wastes having a pH lower than 4.0 or higher than 12.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

G. 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 or the sewage treatment plant;

H. Any waters or wastes containing suspended solids of such character and quality that unusual attention or expense is required to handle such materials at the sewage treatment plant;

I. Any noxious or malodorous gas or substance capable of creating a public nuisance. [Ord. 364 § 5, 1977; Ord. 228 § 5, 1969; prior code § 42.70.070.]

15.08.170 Service lines.

The service lines of the sewer system that run from the user’s building to the sewer main line shall be maintained and repaired by the user or owner, and the borough is in nowise responsible for the construction, maintenance or repair; nor is the borough in anywise responsible for freezing, stoppage or breakage in the service line or for any other claim or action arising from the existence, operation or condition of the sewer service line. [Ord. 228 § 5, 1969; prior code § 42.70.080.]

15.08.180 Nonliability of borough for certain malfunctions.

The borough shall not be held responsible or liable for any claim or action due to or arising from any suspension of operation, breakage, unavoidable accident or injury of any kind occurring to, or caused by, the sewer mains by an act of God, beyond the borough’s control, or caused by the elements, strikes, riots or a public enemy. [Ord. 228 § 5, 1969; prior code § 42.70.090.]

15.08.190 Protection from damage – Penalty for violation.

It is unlawful for any unauthorized person to maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer works, and any such person shall be punishable as provided for in WMC 1.20.010. [Ord. 833 § 61, 2009; Ord. 290 § 5, 1973; prior code § 42.70.100.]

15.08.200 Right of entry for inspection.

The department of public works inspector and other duly authorized employees of the borough bearing proper credentials and identification shall be permitted to enter upon all properties, at reasonable hours, for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. [Ord. 228 § 5, 1969; prior code § 42.70.110.]

15.08.205 Funds – Accounting system.

The sewer fund, owned and operated by the borough, shall be operated from an enterprise fund separate from the general fund. An accounting system for each fund shall be established within the general accounting system of the borough, and shall be set up and maintained as to reflect the financial condition of the enterprise. A balance sheet and statement of income and expense shall be made for the sewer fund annually and as often as the borough assembly may require. [Ord. 713 § 4, 2002.]

15.08.206 Use of moneys.

None of the income money or property of the sewer fund shall be placed in the general fund or be used for the benefit of anything outside of the fund to which it belongs without due compensation or due value received and returned. [Ord. 713 § 4, 2002.]

15.08.210 Rates and charges – Adoption – Delinquencies – Collection.

A. The rates and charges shown on the adopted schedule of rates and charges are established for public sewer facilities furnished by the municipality-owned sewer systems; provided, that such schedule of rates and charges, at the discretion of the assembly, shall be subject to revisions from time to time by ordinance of the assembly adopting and establishing such revised and/or changed schedule of rates and charges; and the revised and/or changed schedule of rates and charges shall, on the effective date therein expressed, become of full force and effect and subject to all the provisions of this chapter.

B. In the event the charges for sewerage service are not paid by the twentieth of the month for such service, such charges shall be deemed and declared to be delinquent and shall accrue interest at the maximum rate allowable under AS 45.45.010.

C. All sewerage service may be discontinued without further notice if the rates or charges for such service are not paid within 30 days after rendition of the bill therefor. If such service is discontinued, the applicable provisions of WMC 15.08.030 and 15.08.040 shall apply. Any remedy provided for in this chapter shall be deemed to be cumulative as to any other legal remedy provided for or otherwise available.

D. The rates and charges provided for in this section shall be collected from the owners, occupants and users of the premises within the jurisdiction of the borough and shall go into effect at such time as the services and/or other matters creating the charges are provided by the borough. [Ord. 681 § 4, 2000; Ord. 369 § 4, 1978; Ord. 364 § 5, 1977; prior code § 42.70.120.]

15.08.213 Bills – Adjustments – Refunds.

No adjustments in customer’s monthly billing rate will be made except upon the written request of the customer. The customer shall be responsible for notifying the borough of changes in their establishment which may require a change in the monthly rate. Upon written request, a monthly billing rate shall be adjusted by the borough if good cause is shown for such an adjustment. If the customer’s rate is adjusted, refunds will only be made from the date the adjustment was requested in writing. [Ord. 483 § 7, 1985.]

15.08.220 Industrial cost recovery.

Any industrial users of a sewer facility constructed with Environmental Protection Agency grant funds awarded after March 1, 1973, shall repay that portion of the grant amount allocatable to the treatment of its wastes. The method of repayment and procedures for handling the repayment shall be in accordance with Sections 34.905-6, 35.905-7, 35.905-8, 35.925-12, 35.928 and 35.935-13 of the Environmental Protection Agency Rules and Regulations for Water Pollution Control Construction Grants for waste treatment works as published in Volume 39, Number 29 of the Federal Register dated February 11, 1974. [Ord. 364 § 5, 1997; prior code § 42.70.125.]

15.08.230 Penalty for violation.

A. Any person found to be violating any provisions of this chapter, except WMC 15.08.190, shall be served by the borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. It is unlawful for any person to continue any violations, except WMC 15.08.190, beyond the time limit of 14 days. The 14-day limitation shall not apply when the violation constitutes a clear and present danger to the public health; such clear and present danger is unlawful from its inception, and subject to summary abatement, or to the applicable provisions of WMC 15.08.030 and 15.08.040. Each day in which any violation continues shall be deemed a separate offense.

C. Any person violating any of the provisions of this chapter shall become liable to the borough for any expense, loss or damage occasioned the borough by reason of such violation. [Ord. 228 § 5, 1969; prior code § 42.70.160.]

15.08.240 Schedule of rates and charges.

The monthly rate shall be the rate shown under Class A and Class B for users who are provided service by the municipal collection and treatment system.

The assembly shall, by resolution, establish fees and rates for sewer. A public hearing shall be required on the resolution that establishes such fees and rates. [Ord. 1021 § 2, 2022; Ord. 851 § 4, 2011; Ord. 752 § 5, 2004; Ord. 681 § 4, 2000; Ord. 642 § 5, 1998; Ord. 572 § 5, 1991; Ord. 564 § 5, 1990; Ord. 519 § 6, 1987; Ord. 506 § 5, 1986; Ord. 483 § 8, 1985; Ord. 478 § 5, 1985; Ord. 453 § 5, 1983; Ord. 396 § 5, 1990.]

For statutory provisions requiring state permits for sewerage systems, see AS 46.03.720(a); for provisions on certification of wastewater system operators, see AS 46.30.010 et seq.