Chapter 13.12 SEWERS AND SEWAGE DISPOSAL

"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 twenty (20) degrees centigrade expressed in parts per million by weight.

"Building drain" means 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" means the extension from the building drain to the public sewer or other place of disposal.

"City clerk-treasurer" means the city clerk-treasurer of the city as provided for under the ordinances of the city, or his duly authorized agent or representative.

"City inspector" means the city inspector, as provided for under the ordinances of the city, or his duly authorized agent or representative.

"Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products.

"Industrial wastes" means liquid wastes from industrial processes as distinct from sanitary sewage, resulting from any commercial, manufacturing or industrial operation or process, but such term is not to be construed as meaning any solids, sludge or paunch, or any grease that congeals or becomes solidified, or any matter that emits offensive odor.

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

"Person" means any individual, firm, company, association, society, corporation or group.

"pH" means the logarithm of the reciprocal of the weight of hydrogen in grams per liter of solution, i.e., the measure of relative acidity.

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

"Public sewer" means a sewer in which all owners of abutting properties have equal rights, and which is controlled by city authority.

"Residence" means a building or house erected or constructed on any lot, parcel of land or premises and used primarily for dwelling purposes, with a lawn or yard adjacent thereto.

"Sanitary sewage" means the washes from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, basement floor drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains and stable floor drains.

"Sanitary sewer" means a sewer which carries sewage, and to which storm, surface and ground waters are not intentionally admitted.

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

"Sewage works" means all facilities for collecting, pumping, treating and disposing of sewage.

"Sewer" means a pipe or conduit for carrying sewage.

"Sewer superintendent" means the city public works director or a duly appointed officer of the city charged with appropriate responsibilities and authority.

"Sewage treatment plant" or "treatment plan" means an arrangement of devices and structures used for treating sewage.

Shall is mandatory; may is permissive.

"Storm sewer" or "storm drain" means a sewer or drain which carries or disposes of storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

"Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering.

Treasurer. "Treasurer" shall be used interchangeably with "city clerk" as heretofore defined.

"User charges" means a charge made to the user of sanitary sewer services by the city to defray the costs of operation and maintenance of the sewage collection and treatment facilities of the city. (Prior code § 25-1)

13.12.020 Depositing Unsanitary Matter On Property

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 city, any human or animal excrement, garbage, or other objectionable waste. (Penalty, see Section 13.12.480.) (Prior code § 25-2)

13.12.030 Disposal of Waste Into Natural Outlet

It is unlawful to discharge to any natural outlet within the city or in any area under jurisdiction of the city, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Penalty, see Section 13.12.480.) (Prior code § 25-3)

13.12.040 Maintaining a Privy

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Penalty, see Section 13.12.480.) (Prior code § 25-4)

13.12.050 Installation of Toilet Facilities

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city 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 ninety (90) days after date of official notice to do so, provided that such public sewer is within one hundred (100) feet of the property line. (Penalty, see Section 13.12.480.) (Prior code § 25-5)

13.12.060 Discharge of Certain Waters Into Sanitary Sewers Unlawful

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process water, or any other uncontaminated water, to any sanitary sewer. (Penalty, see Section 13.12.480.) (Prior code § 25-6)

13.12.070 Storm Sewers/drains

Storm water and all other unpolluted drainage shall be discharged to such sewers or drains as are specifically designated as such, or to a natural outlet approved by the sewer superintendent. Industrial cooling water or unpolluted process waters may be discharged upon approval of the sewer superintendent to a storm sewer or natural outlet. (Prior code § 25-7)

13.12.080 Waters Which Are Not to Be Discharged Into Sewer

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

A. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit;

B. Any water or waste which may contain more than one hundred (100) parts per million by weight, of fat, oil or grease;

C. Any gasoline, benzene, naphtha, fuel oil or other inflammable 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 substances capable of causing obstruction 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 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;

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 of the sewage treatment plant;

H. Any waters or wastes containing suspended solids of such character and quantity 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. (Penalty, see Section 13.12.480.) (Prior code § 25-8)

13.12.090 Disposal of Sanitary Sewage, Industrial Wastes or Any Other Wastes Into the Public Sewer System

It is unlawful to discharge, intentionally, knowingly or recklessly, into any facility which is part of the sanitary sewer system, including the sewage treatment plant or any other sewage works, any industrial wastes, sanitary sewage, or any other wastes of any kind or nature, without the prior written approval of the development services director or other designated city official. (Penalty, See Section 13.12.480.) (Ord. 674 § 1, 1995: prior code § 25-9)

13.12.100 Private Sewage Disposal System Permitted Where Public Sewer Unavailable

Where a public sanitary sewer is not available under the provisions of this chapter the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter and applicable regulations of city plumbing code and the state of Arizona. (Penalty, see Section 13.12.480.) (Prior code § 25-10)

13.12.110 Construction Permit Required–Application Fee

A. Before the commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the sewer superintendent or city inspector.

B. The application for such a permit shall be made on a form furnished by the building department, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the sewer superintendent or city inspector.

C. A permit and inspection fee according to the schedule of fees on file shall be paid at the time the application is filed. (Penalty, see Section 13.12.480.)

D. At time of installation, a dry sewer shall be built to the property line nearest the future route of the public sewer in such a manner as to facilitate connection when public service is available. (Prior code § 25-11)

13.12.120 Inspection of Work to Be Made

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city inspector. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the city inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within a reasonable period of the receipt of notice by the city inspector. (Prior code § 25-12)

13.12.130 Private System Must Comply With All Recommendations

The type, capacity, location and layout of a private sewage disposal system shall comply with all recommendations of the health department of the state of Arizona. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area in the lot is less than seven thousand one hundred (7,100) square feet in cases where an approved public water supply is available. The foregoing area requirement may be altered by the city inspector granting the permit when, in his judgment, the absorption characteristics of the soil on the lot justify such action. No septic tank or cesspool shall be permitted to discharge into any public sewer, any stream or watercourse. No septic tank or cesspool shall be allowed unless there is in connection therewith a proper leaching bed or leaching well. (Penalty, see Section 13.12.480.) (Prior code § 25-13)

13.12.140 When Private Sewage Disposal Shall Be Abandoned

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in this chapter, a direct connection shall be made to the public sewer within one hundred twenty (120) days, in compliance with this chapter, and any septic tanks, cesspools or similar private sewage disposal facilities shall be abandoned and if deemed necessary by the city inspector, pumped out and filled with suitable materials at the expense of the owner. (Penalty, see Section 13.12.480.) (Prior code § 25-14)

13.12.150 Operation and Maintenance At Owner’s Expense

The owner shall operate and maintain the private sewage disposal facilities in a manner satisfactory in the opinion of the city inspector at all times at no expense to the city. (Penalty, see Section 13.12.480.) (Prior code § 25-15)

13.12.160 Additional Requirements Imposed

No statement contained in this section shall be construed to interfere with any additional requirement that may be imposed by the city inspector or the state of Arizona. (Prior code § 25-16)

13.12.170 Tampering With Public Sewer or Appurtenance

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city inspector, and making payment of all fees and charges required. (Penalty, see Section 13.12.480.) (Prior code § 25-20)

13.12.180 Building Sewer Permits–Applications–Fees

A. There shall be two classes of building sewer permits:

1. For residential and commercial service; and

2. For service to establishments producing industrial wastes.

B. In either case, the owner or his agent shall make application on a special form furnished by the building department, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the city inspector.

C. A permit and inspection fee according to the schedule of fees on file shall be paid at the time the application is filed. (Penalty, see Section 13.12.480.) (Prior code § 25-21)

13.12.190 Cost and Expense to Be Borne by Owner

All costs and expense 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 of the building sewer. (Prior code § 25-22)

13.12.200 Separate Owner for Each Building–Exception

A. A separate and independent building sewer shall be provided for every building.

B. Exception. Where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building. (Penalty, see Section 13.12.480.) (Prior code § 25-23)

13.12.210 When Old Building Sewers May Be Used

Old building sewers may be used in connection with new buildings only when they are found on examination and test by the city inspector to meet all the requirements of this chapter. (Penalty, see Section 13.12.480.) (Prior code § 25-24)

13.12.220 Sewer Specifications–Joint Specifications

All materials and methods of construction shall be in accordance with applicable sections of the Uniform Plumbing Code, 1976 Edition, of the International Association of Plumbing and Mechanical Officials. Any deviations therefrom shall be only with the approval of the city inspector and in accordance with accepted engineering standards. Maximum allowable infiltration/exfiltration rate for new sewers shall be two hundred (200) gallons per day per inch diameter of sewer per mile as determined by test procedures described in the aforementioned plumbing code. (Penalty, see Section 13.12.480.) (Prior code § 25-25)

13.12.230 Connection of Building Sewer With Public Sewer

The connection of the building sewer into the public sewer shall be at the property line when such interceptor is available to the owner’s property. Connection at the property line shall be made with a cleanout wye at the owner’s expense. If no public sewer is available to the property line or if the location of the public sewer is other than that desired by the owner, the owner shall at his expense, install a connection to the public sewer at a location approved and as specified by the sewer superintendent or city inspector. Such connection shall be made by cutting a neat hole into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of approximately forty-five (45) degrees. A forty-five (45) degree ell may be used to make such connections, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the sewer superintendent or city inspector. (Penalty, see Section 13.12.480.) (Prior code § 25-26)

13.12.240 Notification for Inspection

The applicant for the building sewer permit shall notify the city inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city inspector. (Penalty, see Section 13.12.480.) (Prior code § 25-27)

13.12.250 Excavations to Be Adequately Guarded

All excavations for building sewer installations 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 city as determined by the street superintendent. (Penalty, see Section 13.12.480.) (Prior code § 25-28)

13.12.260 Interceptors to Be Provided When Necessary

Grease, oil and sand interceptors shall be provided when, in the opinion of the sewer superintendent or city inspector, they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any inflammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the sewer superintendent or city inspector and shall be located to be readily accessible for cleaning and inspection, grease traps shall be required at all public premises where food is prepared. (Penalty, see Section 13.12.480.) (Prior code § 25-30)

13.12.270 Materials Used to Construct Interceptors

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily movable covers which when bolted in place shall be gastight and watertight. (Penalty, see Section 13.12.480.) (Prior code § 25-31)

13.12.280 Interceptors to Be Maintained by Owner

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Penalty, see Section 13.12.480.) (Prior code § 25-32)

13.12.290 Procedure When Waste Is Emitted Into Public Sewer

A. The admission into public sewers of any wastes or waters having the following content shall be subject to the review and approval of the sewer superintendent:

1. A five (5) day biochemical oxygen demand greater than two hundred fifty (250) parts per million by weight; or

2. Containing more than three hundred (300) parts per million by weight of suspended solids; or

3. Containing any quantity of substances having the characteristics described heretofore in Section 13.12.080(A) through (I) inclusive; or

4. Having an average daily flow greater than two (2) percent of the average daily sewer flow of the city.

B. Where necessary in the opinion of the sewer superintendent or the city inspector, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

1. Reduce the biochemical oxygen demand to two hundred fifty (250) parts per million and the suspended solids to three hundred (300) parts per million by weight; or

2. Reduce objectionable characteristics or constituents to within the maximum limits provided above in this section; or

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

C. Plans, specifications and any other pertinent data relative to proposed preliminary treatment facilities shall be submitted for the approval of the sewer superintendent or the city inspector and also to the appropriate agency of the state of Arizona and no construction of such facilities shall be commenced until such approvals are obtained in writing. (Penalty, see Section 13.12.480.) (Prior code § 25-33)

13.12.300 Preliminary Treatment Facilities Maintained at Owner’s Expense

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. (Penalty, see Section 13.12.480.) (Prior code § 25-34)

13.12.310 Installation of Control Manhole

When required by the sewer superintendent or city inspector, the owner of any property served by a building sewer carrying industrial waste 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 and safely located and shall be constructed in accordance with plans approved by the city inspector. 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. (Penalty, see Section 13.12.480.) (Prior code § 25-35)

13.12.320 Tests and Analysis of Water and Waste

All measurements, tests and analysis of the characteristics of water and wastes to which reference has been made in this section shall be determined in accordance with Standard Methods For Examination of Water and Sewage as set forth by the state of Arizona and all be determined at the control manhole, provided in Section 13.12.310 or upon suitable samples taken at such 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. (Prior code § 25-26)

13.12.330 Special Agreements or Arrangements

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city 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. (Prior code § 25-37)

13.12.340 Officer Shall Be Permitted On Premises for Inspection Purposes

The city inspector and/or other duly authorized employee of the city bearing the proper credentials and identifications 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 chapter. (Prior code § 25-40)

13.12.350 Notice of Violation

Any person found to be violating any provision of this chapter shall be served by the city 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. (Prior code § 25-41)

13.12.360 Tap-In Fees

The city council shall, from time to time, adopt tap-in fees for residential, commercial and nonresidential units and include such fees in the separate fee schedule. (Ord. 734 (part), 1997: prior code § 25-42)

13.12.370 Rental for Sewerage Services

It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect service charges or sewer rentals upon all occupied premises, served by, having connection with, or having access to the sanitary sewerage system and the sewage treatment plant of the city; the proceeds of such charges or rentals so derived shall be for the use of the sanitary sewerage system and treatment plant as hereinafter provided. (Prior code § 25-45)

13.12.380 When Not Subject to Charge

Any water, separately metered through a meter, furnished by the Winslow water department at the owner’s expense, which is not polluted and does not find its way into the sanitary sewerage system shall not be subject to sewer service charge. (Prior code § 25-46)

13.12.390 Sewer Fund

The funds received from the collection of sewer service rates and charges shall be deposited with the city treasurer and kept by him in a separate and distinct fund known as the city of Winslow sewer revenue fund.

This fund shall be used for the payment of the cost of the management, construction, maintenance, debt service, operation, design, improvement and expansion of the sewerage system and sewage treatment plant. (Prior code § 25-47)

13.12.400 Sewerage Rates Within the City

The city council shall, from time to time, adopt sewerage rates and include the same in the separate fee schedule. (Ord. 734 (part), 1997: prior code § 25-48)

13.12.410 Sewerage Rates Outside the City

The city council shall from time to time adopt sewage rates for hookups outside city limits and shall include the same in the separate fee schedule. (Ord. 1039, 2007; prior code § 25-49)

13.12.420 Payment of Sewer Charges

The sewer charge or rental provided in this chapter shall be payable monthly in advance, within thirty (30) days after the due and billing date, at the water department, Winslow, upon statements rendered in the method, manner and form as may be provided by the water department. (Prior code § 25-51)

13.12.430 Beginning of Rental

The sewer charge or rental shall be levied upon the first date that sanitary sewer service is available to the property. (Prior code § 25-52)

13.12.440 Penalty for Nonpayment of Sewerage Charges

Each charge or rental levied by or pursuant to this chapter shall be delinquent thirty (30) days after billing date and shall be subject to a penalty of one dollar ($1.00) for each month or part thereof after the delinquency.

After any charge or rental levied by or pursuant to this chapter is found by the treasurer to be unpaid, for a period of three (3) months, the failure to pay shall be declared to be a violation of this chapter and the violation shall be prosecuted under Section 13.12.480, of this chapter. (Prior code § 24-53)

13.12.450 Collection of Rentals by Treasurer

The sewer charges or rentals charged pursuant to this chapter shall be collected by the treasurer and the sewer superintendent shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical and efficient management and protection of the city’s sewerage system, pumping stations, and sewage treatment works, for the construction and use of building sewers and connections to the sewerage system, and for the regulation, collection, rebating and refunding of such charges and rentals and such bylaws and regulations shall have the effect of ordinances. (Prior code § 24-54)

13.12.460 Industries Which Must Enter Into Special Agreements

A. An exception to the rates set forth in Section 13.12.400 shall be taken in special cases where industrial customers discharge an effluent of such character and strength into the city sanitary sewers which causes special problems and increased cost in sewage treatment and in cases where expected average daily flows exceed two (2) percent of the average daily sewer flow of the city. Included in this class, but not limited to, are: cattle, swine and poultry processing, acid plants, canning plants and other food processing plants, plating, anodizing, cool processing and manufacturing plants, and the like.

B. Such industrial customers and the city shall negotiate and enter into an agreement as to the rate to be charged such industrial customers for the treatment of their wastes. In the event no agreement can be reached as to the rate, upon written notice from the city, such industries shall be required to provide their own waste treatment facilities in accordance with requirements of the state of Arizona.

C. All industries and entities subject to the Federal Industrial Cost Recovery Regulations shall enter into an agreement with the city in accordance with U.S. E.P.A. regulations. (Prior code § 25-55)

13.12.470 Contracts With Other Outside City Limits

The city manager is authorized to enter into agreements to be ratified and confirmed by the city council and with cities and towns and with corporations and individuals whose premises are located without the corporate limits of the city who desire to discharge sewage, industrial wastes, water or other liquids into the city’s sewerage system; which agreements shall fix the terms and conditions under which such sewage, industrial wastes, water or other liquids may be discharged into such sewerage system and shall be in conformity with the other sections of this chapter. (Ord. 1129 (part), 2010; prior code § 25-56)

13.12.480 Violation–Penalty

A. Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a Class 3 misdemeanor. Each and every day any such violation continues shall be deemed and considered a separate offense.

B. Any person, firm or corporation violating any provision of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. 734 (part), 1997: Ord. 658 § 1 Exh. A (part), 1994; prior code § 25-99)