Chapter 13.10 SEWER

The following terms, wherever used in this chapter, shall have the meanings respectively ascribed to them in this section, unless from the context a different meaning is clearly intended.

“B.O.D.,” denoting biochemical oxygen demand, shall mean the quality 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 (p.p.m.) in weight.

“Branch sewer” is an arbitrary term for a sewer which received sewage from lateral sewers from a relatively small area.

“Building sewer” or “house sewer” shall mean the extension from the building drain to the sewer connection or other place of disposal.

“Combined sewer” shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

“Developer” shall mean any person or persons engaged in the organizing and financing of a sewage collecting system within an area tributary to a trunk sewer of the town sewer system. Such may be either a subdivider or a legally constituted improvement district.

“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 industrial processes as distinct from sanitary sewage.

“Lateral sewer” shall mean a sewer which discharges into a branch or other sewer and has no other common sewer tributary to it.

“Main sewer” shall mean a sewer which receives sewage from one or more branch sewers as tributaries.

“Natural outlet” shall mean any outlet into a watercourse, ditch, or other body of surface or ground water.

“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 garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-fourth inch in any dimension.

“Public sewer” shall mean a sewer controlled by public authority.

“Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments together with such ground, surface and storm waters as may be present.

“Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.

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

“Sewer connection” shall mean the connection to the public sewer and the extension therefrom of the sewer to the property line at the alley or the curb line of the street, whichever is applicable, depending on the location of the public sewer.

“Sewer department” shall mean those officers and agents of the town supervising sewer operations for the town.

“Storm sewer” or “storm drain” shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

“Trunk sewer” shall mean a sewer which receives sewage from many tributary main sewers, and serves as an outlet for a large territory.

“Watercourse” shall mean a channel in which a flow of water occurs either continuously or intermittently. [Code 1983 Art. 15-1.]

Article II. Rules and Regulations

13.10.020 Application for service.

No sewer connection connecting the town sanitary sewer system to any consumer shall be made by any person or the town except upon written application furnished to the town by the owner of the premises to which sanitary sewer service is to be furnished or his authorized agent. A monthly rental charge will be made for such sanitary sewer connection according to the rates fixed by the town until the service is discontinued by order of the sewer department or written order of the owner or his authorized agent. [Code 1983 § 15-2-1.]

13.10.030 Guarantee deposit.

A. Because of the greater potential for users in portable or rental residential units to abandon their obligations under this chapter and remove themselves from the town’s jurisdiction, a deposit not in excess of $30.00 shall be required of users of sewer residing as tenants in rental residential units or in trailers having separate sewer connections or water meters. Such deposit shall be retained by the sewer department as security for payment of future sanitary sewer rental fees until such service is terminated.

B. The individual in whose name the deposit is made shall be responsible for payment of all bills incurred in connection with the service furnished.

C. A separate deposit may be required for each sewer connection, or each dwelling unit.

D. The guarantee deposit is not negotiable and can be redeemed only at the town offices. The deposit will not accrue interest.

E. Where the sewer department finds that the request for refund of a guarantee deposit is questionable, the sewer department may require the applicant for refund to produce the deposit receipt properly endorsed.

F. Upon discontinuance of sanitary sewer service for nonpayment of bills, or at the request of the consumer, the guarantee deposit shall be applied by the sewer department toward settlement of the final account of the consumer and any excess remaining shall be refunded to the consumer. [Code 1983 § 15-2-2.]

13.10.040 Minimum charges, taxes, rates.

A. The initial or minimum charge sewer rate shall be established by a resolution of the town council. Service on or before the fifteenth of any month will be charged a full monthly rate. Service after the fifteenth of the month will be one-half of the rate.

B. For services to trailer courts, auto courts or multiple unit dwellings, the minimum monthly charge will be as indicated on the rate schedule. The monthly bill will be based on the average number of occupied trailers or dwelling units.

C. In addition to the collection of the regular rates established by a resolution of the town council, the sewer department may collect from the consumer a proportionate share of any privilege, sales or use tax levied or imposed by any government on sewer charges.

D. The council shall regulate and change the rates as set forth in subsection (E) of this section as it becomes necessary to meet the obligations of the town in connection with the construction of the sewer system and the expense of the sewer department in the operation of the municipal sewer system.

E. The town may establish sewer rates by a resolution of the town council. Rates shall be charged to users of the town sewer system on a per month basis, until such time as these rates may be changed by the council as provided in subsection (D) of this section.

F. The fee schedule shall apply to all sewer connections served by the town and said schedule shall apply to all future extensions unless and until such schedule be amended or changed by the council.

G. All fees for sewer service will be included on the water or sewer bill and are payable by the tenth day of the month next following the month of consumption at the office of the water department, or the office of the authorized agent of such department, and no demand for the payment of the same need be made by the department, but each consumer shall be responsible for the payment thereof, at the proper place and time. If payment of the total bill is not made by the twenty-fifth day of the month next following the month of consumption, the water meter may be disconnected and the customer’s account closed by deducting from the consumer’s deposit the total amount of the bill, up to the time of the disconnection of the meter. The balance of the deposit, if any, shall be credited to the customer’s account and paid to the customer upon demand. Reconnection charge shall be payable in addition to a new deposit, as hereinabove provided.

H. In case any prescribed payment date falls on a Sunday or legal holiday, the effective day of payment, as set forth above, shall be deemed to be the day following such Sunday or legal holiday. All services furnished the town or any public buildings shall be charged to the appropriate department and the sewer department shall account for all services whether to the town or any person or corporation. [Ord. 2018-01 § 1. Code 1983 § 15-2-3.]

Article III. Extension Policy

13.10.050 Plans, specifications and construction.

A developer who wishes to extend sewer facilities must employ a civil engineer registered in Arizona to perform the field engineering and prepare detailed plans and specifications for the sewer extension. The final detailed plans and specifications for the main sewer extension must be approved by the Arizona State Department of Health and by the council before construction begins. The design and engineering will be in accordance with the specifications of the Arizona State Department of Health and the town prior to construction. The construction shall meet the town’s specifications, requirements and approval, and will be subject to inspection by the town’s agents during construction. Subject to the provisions of this chapter, the town shall permit the developer to connect into the town’s existing trunk sewer lines and the main sewer line to be constructed by the developer herein provided. [Code 1983 § 15-3-1.]

13.10.060 Area to be served.

The maximum area to be served by the proposed main sewer line and its ultimate branches and laterals shall be determined by the town engineer based on local drainage conditions. In the event that the area to be serviced by the developer falls entirely within the maximum area to be serviced by the proposed main sewer line and its ultimate laterals as so determined, the aforesaid main sewer line shall be designed, engineered and constructed to serve the maximum area to be served as so determined. Should other parties in the maximum service area desire to join with the developer in constructing the proposed main sewer line, the town’s obligations hereunder shall extend to such additional parties. [Code 1983 § 15-3-2.]

13.10.070 Costs of extension.

The developer shall pay in full for the rights-of-way, the construction and installation of the lines, pipes and mains and all other features of the extension. [Code 1983 § 15-3-3.]

13.10.080 Charges.

Any connection charge will not affect the right of the town to assess its regular tax charges and sewage rental charges against the owners of property within the developer’s area. Building or house connection charges shall be paid to the town at the prevailing rate and are not refundable. [Code 1983 § 15-3-4.]

13.10.090 Ownership.

The town shall have exclusive control of connections to the proposed main sewer line and, upon its completion, the aforesaid main line shall become and be the property of the town. Except as otherwise herein provided, all provisions of the town code and ordinances or amendments thereto applicable to sewer services including all charges therefor shall apply to services in the proposed area. [Code 1983 § 15-3-5.]

Article IV. Department and Consumer Responsibilities

13.10.100 Sewer department responsibilities and liabilities.

A. The sewer department shall not be responsible for the installation, maintenance or inspection of the consumer’s service line piping or apparatus or for any defects therein.

B. The sewer department shall have the right to refuse service unless the consumer’s lines or piping are installed in such manner as to prevent cross-connections or backflow.

C. Under normal conditions, the consumer shall be notified of any anticipated interruption of service.

D. The sewer department shall not be responsible for the negligence of third persons or forces beyond the control of the sewer department resulting in any interruption of service or damage to the property of the consumer.

E. The sewer department may refuse service to any prospective consumer when the capacity of the sewer system will not permit additional loads being placed thereon. [Code 1983 § 15-4-1.]

13.10.110 Consumer responsibility.

A. Building or house sewer connections on the consumer’s premises shall be so arranged as to provide service to one lot. If additional service is required it will be considered as a separate and individual account, except that a unit temporarily connected will pay the monthly service fee but no hook-up charge will be made until after six months of service.

B. The consumer’s house or building service line, sewer connection and apparatus shall be installed and maintained by the consumer, at the consumer’s expense, in a safe and efficient manner and in accordance with the sewer department’s rules and regulations and in full compliance with the regulations of the State Department of Health.

C. The consumer shall safeguard the sewer department’s property placed on the consumer’s premises and shall permit access to it only by the authorized representatives of the sewer department.

D. In the event that any loss or damage to the property of the sewer department or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the consumer, his agents or employees, the cost of necessary repairs or replacements shall be paid by the consumer to the sewer department and any liability otherwise resulting shall be assumed by the consumer. The amount of such loss or damage or the cost of repairs may be added to the consumer’s bill and, if not paid, service may be discontinued by the sewer department.

E. The sewer department may discontinue its service without notice for the following additional reasons:

1. To prevent fraud or abuse.

2. The consumer’s willful disregard of or refusal to comply with this chapter or other rules as may be adopted by the council.

F. When service to a consumer shall require the laying of any town sewer lines or the installation of any other town property on, under, across or over the consumer’s property the consumer will grant to the town an easement, right-of-way or license for such installation. [Code 1983 § 15-4-2.]

13.10.120 Interference with water department, sewer department or building inspector – Digging up streets without permit.

It shall be unlawful for any person:

A. To interfere in any way with the officers of the town water department, sewer department or building inspector in the discharge of any of their duties, either in the tapping of any sewer pipe, main or lateral belonging to the town or in the laying or connecting of such pipe, main or lateral.

B. Other than an employee of the sewer department, to dig up, or cause to be dug up, any street or alley in the town for the purpose of connection with the sewer system of the town without first obtaining a permit from the sewer department.

C. Who, having a permit, to dig up any portion of any street or alley of the town for the purpose of connecting with the sewer system of the town to fail or neglect to place the street or alley in its original condition under the supervision of the sewer department and as required by it. [Code 1983 § 15-4-3.]

13.10.130 Unsanitary disposal of excrement prohibited.

It shall be unlawful for any person to deposit, or permit to be deposited in an unsanitary manner upon public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement or other objectionable waste. [Code 1983 § 15-4-4.]

13.10.140 Private sewage systems.

A. Compliance with Chapter. Except as provided in this chapter it shall be unlawful to construct or maintain within the town any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

B. When Permitted – Sanitation. Where a public sanitary or combined sewer is not available within 300 feet of any property within the town, the building sewer for buildings on that property shall be connected to a private sewage disposal system, which complies with the regulations of the State Department of Public Health. Such private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner.

C. Discontinuance. Within one year after a public sewer becomes available within 300 feet of any property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of this chapter and any septic tanks, cesspools and similar private sewage facilities shall be abandoned and filled with suitable material. The minimum monthly sewer fee will be charged even if not connected to the public sewer system. Any variances must be approved by majority of the council. [Ord. 2018-01 § 1. Code 1983 § 15-4-5.]

13.10.150 Tampering with equipment prohibited.

No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, an appurtenance or equipment which is part of the municipal sewage system. [Code 1983 § 15-4-6.]

13.10.160 Permit required.

No unauthorized person shall uncover, make any connections with or open into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the sewer department. [Code 1983 § 15-4-7.]

13.10.170 Application.

Upon issuance of a connection permit, the permit issued shall be presented by the person to the sewer department and application made for the building connection. [Code 1983 § 15-4-8.]

13.10.180 Inspection and approval by sewer department or building inspector.

No building sewer will be connected to the building connection until it has been inspected and approved by the sewer department or building inspector. [Code 1983 § 15-4-9.]

13.10.190 Records to be kept by sewer department.

The sewer department shall keep a record of all building connections made and the purpose for which they are to be used, together with the name of the owner of the property, his agent or representative. [Code 1983 § 15-4-10.]

13.10.200 Fees.

The fee for each building connection shall be established by a resolution of the town council. [Ord. 2018-01 § 1. Code 1983 § 15-4-11.]

Article V. Use of Public Sewers

13.10.210 Prohibited substances.

A. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.

B. Except as provided in this section no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer:

1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

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

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

4. Any garbage that has not been properly shredded.

5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, grits, such as brick, cement, onyx, carbide or any other solid or viscous substance capable of causing obstruction to the flow in sewer or other interference with the proper operation of the sewer works.

6. Any waters or wastes having a pH lower than five and one-half or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

7. 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.

8. 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.

9. Any noxious or malodorous gas or substance capable of creating a public nuisance. [Code 1983 § 15-5-1.]

13.10.220 Interceptors required.

A. Grease, oil and sand interceptors shall be provided when, in the opinion of the sewer department, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients except that such interceptors shall not be required for private living quarters or dwelling units.

B. Grease and oil interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

C. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. [Code 1983 § 15-5-2.]

13.10.230 Authority of sewer department.

The admission into the public service of any waters or wastes having any of the following characteristics shall be subject to the review and approval of the sewer department:

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

B. Containing more than 350 parts per million by weight of suspended solids.

C. Containing any quantity of substance having the characteristics described in TTC 13.10.210.

D. Having an average daily flow of greater than two percent of the average daily sewage flow of the town. [Code 1983 § 15-5-3.]

13.10.240 Preliminary treatment.

A. Required. Where necessary in the opinion of the sewer department, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

1. Reduce the B.O.D. to 300 parts per million and the suspended solids to 350 parts per million by weight.

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in TTC 13.10.230.

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

B. Approval. Plans and specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval of the sewer department and the engineering division of the Arizona State Board of Health. No construction of such facilities shall be commenced until such approvals are obtained in writing.

C. Maintenance of 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. [Code 1983 § 15-5-4.]

13.10.250 Manholes.

When required by the sewer department, 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 and sampling of wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the sewer department. 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. [Code 1983 § 15-5-5.]

13.10.260 Special agreement with industrial concerns.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor by the industrial concern.

It is declared to be the policy of the town that before any industrial sewage shall be allowed to be influent into the public sewer system the industrial concern generating such sewage shall be required to enter into an agreement with the town by which it shall bind itself to have or allowing said industrial sewage influent to be periodically analyzed and to pay to the town such sum or periodic sums as may be determined by the council to be payment for such industrial concern’s fair share of the cost of the treatment thereof and of maintenance of the sewer system in view of the quantity and content of the industrial influent from such concern. [Code 1983 § 15-5-6.]