Chapter 12.10
SEWER SYSTEM
Sections:
12.10.010 Sewer system division.
12.10.020 Connection requirements.
12.10.040 Building sewer/service line installation.
12.10.050 Sewer main extensions.
12.10.060 Wastewater service charges.
12.10.010 Sewer system division.
A. Sewer System Division – Responsibility. The sewer system division shall be responsible for all components of the city sewer system used for collection and treatment of the sanitary waste.
B. Sewer System Management. The director, under the direction and control of the city manager, shall be responsible for the operation and maintenance of the sewer system. The director shall be responsible for the enforcement of the city sewer system regulations, complying with state and federal rules concerning sewage disposal, and shall be accountable for materials used in the maintenance or extension of the sewer system.
C. Rules and Regulations. The director shall recommend such rules, ordinances, or regulations for adoption to the city manager as may be required to protect the system and to ensure safe and efficient operation of the system. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.10.020 Connection requirements.
A. Connection Required.
1. Connection to Sewer Main. The owner of any building required to have a sanitary sewer by the International Plumbing Code, current edition, as adopted by the state of Colorado, situated within the city and abutting any public street, alley, right-of-way, tract, or utility easement dedicated to and accepted by the city in which there is now located a sewer main, is hereby required, at owner’s expense, to connect such building to the sewer main by means of a building/sewer service line in accordance with this chapter. The size and location of such a building/sewer service line shall meet the requirements of the city engineer. New buildings or lots requiring sanitary sewer disposal devices shall be required to extend a sewer main meeting the size and location requirements of the city engineer to serve the property in accordance with GMC 12.10.050, Sewer main extensions, if a sewer main does not abut the property in question, but is located within 400 feet of any property line of the lot or parcel of land upon which the building is to be located, unless a waiver is granted by the city council pursuant to the provisions set forth herein. For the purpose of this section, the term “property line” shall include the city of Gunnison boundary if the boundary transects a single parcel of property.
2. Connection to OWTS. A building required to have a sanitary sewer by the International Building Code, current edition, as adopted by the state of Colorado, may connect to an OWTS in lieu of connection to a sewer main, provided all of the following conditions are met:
a. The OWTS shall have a flow capacity not to exceed 450 gallons per day.
b. The parcel of land upon which the OWTS is to be constructed is not less than two acres in size and is not located within an existing subdivision as defined in Gunnison LDC, or was not created by a prior subdivision of land.
c. The nearest sewer main is located more than 400 feet from any property line of the parcel of land on which the OWTS is to be constructed. This requirement may be waived by the city council upon a finding that the connection to the sewer main is not feasible for economic or physical reasons.
d. There shall be no more than one OWTS on any parcel of land.
e. All OWTS shall comply with the requirements of the “Gunnison County on-site wastewater treatment system regulations” and have a valid permit issued therefor by the county of Gunnison.
3. Adoption of OWTS Regulations by Reference.
a. Adoption. The Gunnison County on-site wastewater treatment system regulations, except for Section 16, OWTS Special Districts, adopted on June 19, 2018, by the board of county commissioners of Gunnison County, Colorado, as the Gunnison County board of health, whose address is 200 East Virginia Avenue, Gunnison, Colorado 81230, are hereby adopted by reference.
b. Conflicts and Changes. If any provision of the Gunnison County on-site wastewater treatment system regulations conflicts with the provisions of this chapter, then the terms of this chapter shall be deemed to be controlling. Wherever the term “environmental health board” appears in the Gunnison County on-site wastewater treatment system regulations, the city council shall be substituted therefor.
c. Enforcement. The city shall have concurrent enforcement authority with the county of Gunnison to enforce the provisions of the Gunnison County on-site wastewater treatment system regulations within the corporate limits of the city of Gunnison.
4. Connection Required When Sewer Main Available. Within one year after written notification by the city that a sewer main is available within 400 feet from any property line of the parcel of land served by an OWTS, cesspool, privy vault, or other device, such device shall be abandoned and filled, and the owner or user thereof shall connect to the sewer main in accordance with this chapter. This requirement may be waived by the city council upon a finding that the existing device is not a threat to public health or water quality, and that connection to the sewer main is not feasible for economic or physical reasons.
5. Interconnection Prohibited – Separate Building/Sewer Service Lines. Building/sewer service lines shall not be interconnected in any manner which would allow the service of separate buildings or parcels of property which are in separate ownership or which may be sold or conveyed separately. All separate buildings or parcels of land that may be sold or conveyed separately, except individual air spaces located in a single building, are required to have a separate building/sewer service line. In cases where more than one building or parcel of land in separate ownership has been connected to a single building/sewer service line prior to the adoption of the ordinance codified in this chapter, the same may continue to be utilized until a sewer main is constructed adjacent to the property. After such sewer main is constructed and upon written notice by the city to the owner, such building or parcels of land shall be connected to the sewer main by an individual building/sewer service line within one year. One or more building/sewer service lines may be connected to a building/sewer service line that is of adequate size and capacity to convey the wastewater generated by all the buildings and uses connected thereto.
6. Portable Sanitary Toilets. Portable sanitary toilets are permitted within the city only in connection with special events or on a construction site for which a valid building permit has been issued. All portable sanitary toilets shall be regularly serviced and cleaned as often as necessary to prevent unsanitary conditions or odors.
7. Other Devices Prohibited. No cesspool, septic tank, privy vault, or other device for sanitary sewage disposal, except as expressly permitted herein, shall be excavated or constructed within the corporate limits of the city.
B. Penalties. Any person convicted of a violation of any provision of this chapter or the provisions of the Gunnison County on-site wastewater treatment system regulations shall be fined in the sum of not more than $1,000 or imprisoned for not more than 90 days, or both such fine and imprisonment, in accordance with GMC Title 4. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.10.030 Permits and costs.
A. Work in Right-of-Way Permit Required.
1. A permit is required to uncover, make any connections with or opening into, use, alter, or disturb any portion of the city’s wastewater facilities. The permit is valid for 30 days from the date of issuance. The owner or owner’s agent shall pay the required fees and acquire appropriate permit(s) prior to commencement of work. The owner or the owner’s agent shall make application in the form of a work in the right-of-way permit furnished by the city in order to gain service to the city’s wastewater facilities. The permit application shall be supplemented by any plans, specifications or other information as required by the duly authorized agent of the city. All applicable fees shall be paid prior to the issuance of a permit.
2. A work in the right-of-way permit shall be secured before any person or contractor may make a connection to the city’s wastewater facilities or expand the size of an existing building/sewer service line. Work shall be performed by the city or by a contractor prequalified by the public works director to complete work on city sewer infrastructure. Buildings destroyed and razed or rebuilt or expanded shall be given credit for up to three years for the EQUs associated with the building/sewer service line that previously served the structure. Any increase in the quantity of flow or size of the building/sewer service line shall be subject to the current utility investment fee and fees associated with work in the right-of-way in effect on the day the increased building/sewer service line is installed, less the applicable credit. A credit is only applicable when the old building/sewer service line is appropriately abandoned and/or replaced. A separate utility investment fee and work in the right-of-way permit shall be required for each physical connection to the city’s wastewater facilities and/or increases in size of the building/sewer service line. The cost of a connection will be determined on the basis of the size of the building/sewer service line as outlined in the sewer system utility investment fee schedule. Abandonment of an existing tap shall be completed at the physical connection to the main in accordance with the city of Gunnison construction standards.
3. There are three fee components associated with the use of the city’s wastewater collection and treatment system. Those fees are (a) the utility investment fee; (b) the connection fee; and (c) work in the right-of-way permit fee, as applicable (GMC 9.10.010). All are required prior to issuance of a right-of-way permit required for work within any city right-of-way or easement that will result in connection to the city’s wastewater collection and treatment system.
B. Connection Permit, Issuance, and Requirements.
1. A connection permit will not be issued nor will fees therefor be accepted until: (a) a need exists; or (b) a building permit and/or state plumbing permit has been issued.
2. The physical installation of the building sewer/service line and/or building drain fixtures for new and existing structures shall be completed within 180 days of acquiring the connection permit.
3. The physical connection to the sewer main for new construction must be completed within 180 days of acquiring the connection permit.
4. One extension of the preceding time limits may be granted by the public works department for undue and unforeseen delays caused by circumstances beyond the control of the permittee.
5. If the permittee fails to complete the physical connections within the prescribed time limit, the connection permit shall become null and void, permit fees shall be refunded less administration fees as defined in the city of Gunnison fee table, and a reapplication for a permit will be necessary. Fees charged for the new connection permit will be determined using the line size cost. (Ord. 8-2023 § 2; Ord. 4-2021 § 1 (Exh. A), 2021).
12.10.040 Building sewer/service line installation.
A. General. New building sewer/service lines shall not serve properties that are not owned by the permittee.
1. Subdivisions or sales of land that will create situations where a building sewer/service line could serve properties under different ownerships shall require the installation of separate building sewer/service lines to serve the new parcels. Abandoned service lines must be disconnected.
2. All abandoned lines shall be capped in a manner approved by the public works department so as to eliminate the possibility of ground water infiltration.
3. Location of the Building/Sewer Service Lines. Size of and location of building/sewer service lines shall be approved by the public works department and as-built location of the building/sewer service line shall be furnished to the department after connection. No building/sewer service line which is located underneath a building in separate ownership or any improvements located on property in separate ownership shall be approved.
4. Sewer tap installation shall be performed by authorized agents of the city unless expressly authorized in writing by the director. A person holding a current certification from the department of public works or a licensed contractor under supervision of a master plumber and licensed by the state shall install the building/service line. Persons installing the building/service line are also responsible for excavation, bedding, compactions, backfill, and organizing appropriate inspection by a duly authorized representative from the building department or public works department.
B. Building Sewer/Service Line Specifications.
1. Specifications.
a. All building sewer service line materials and construction shall be in accordance with the city of Gunnison construction standards.
b. Depth of building sewer/service lines shall be sufficient to prevent freezing and constructed to prevent damage to pipes from imposed loads. The owner of any sewer/service line that does not meet sufficient depth requirements or is located in heavy traffic areas may be required to install additional insulation to prevent freezing. Installation of the insulation proposed by the owner to mitigate freezing will be inspected by an authorized city representative prior to backfilling.
c. A separate and independent building sewer service line shall be provided for every building/dwelling unit/EQU except where one building stands at the rear of another on an interior lot or cannot be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer/service line. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection.
d. Existing building sewer/service lines which are no longer serving an active sewer service connection may be used in connection with new buildings only when they are found, on examination and approval from the public works department, to meet all requirements of this chapter and the city of Gunnison construction standards. Multiple buildings/units may not share a four-inch building sewer service line. Shared service lines must be a minimum of six-inch diameter or as approved by the city public works department. Engineering design and drawings may be required as determined by the public works department.
e. Whenever possible, the building sewer/service lines shall be brought to the building at an elevation below the basement/foundation floor. Owner shall install a check valve where the flood rims of plumbing fixtures are below the elevation of the manhole cover of the next upstream manhole. In all buildings in which any building drain is too low to permit gravity flow to the sewer main, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer/service line.
f. No person shall make connection of roof downspouts, foundation drains, area way drains, crawlspace sump pumps or other sources of surface water, storm water, or ground water to a building sewer/service line which in turn is connected directly or indirectly to a sewer main.
g. The applicant for the building sewer connection permit shall notify the public works department when the building sewer is ready for inspection and connection to the public sewer. The testing shall be made under the supervision of the public works department or duly authorized representative.
C. Inspection – Tests. The permittee shall make arrangements for inspection of the building sewer/service line, giving ample time (minimum of 48 hours) for the public works department inspector to schedule same. The following inspections must be accomplished:
1. Bedding of the pipe, compaction and backfill shall be in accordance with the city of Gunnison construction standards.
2. Test of the building sewer/service line shall be completed in accordance with the city of Gunnison construction standards. The leakage test shall be conducted by the plumber in the presence of the public works department or duly authorized city representative and any leakage of the building sewer/service line shall be corrected by the owner.
D. Maintenance Responsibility of the Property Owner. Property owner of the building/sewer service line shall bear all responsibility for: repair, replacement, maintenance, cleaning, intrusion, infiltration, and structural integrity, of the service line, and mitigation of trench settlement within city rights-of-way or easement from the building to the physical tap on the city sewer main.
The owner shall warrant work associated with current or future permits for the period of time identified in the approved permit or for a minimum of two years from the time the city initially accepts the installation for work within public rights-of-way or easements.
If the city determines through observation television of the sewer mains or other appropriate methods that a building sewer/service line is permitting infiltration of ground water, roots, rocks, rags, or any other foreign debris elements into the city’s sewer mains or wastewater facilities the public works department may notify the owner of the line in writing and require that the line be repaired or replaced or other measures taken, at the owner’s expense, in order to alleviate the problem. Remedial action must take place within a reasonable time as determined by the director. Any known or unknown damage to the sewer main line or other city infrastructure as a result of owner maintenance of the service line shall be repaired by the owner at no cost to the city.
E. Maintenance Responsibility of the City. The city is responsible for the physical service tap connection to the sewer main and problems that occur within the city’s sewer mains and wastewater collection system infrastructure. The city is not responsible for maintaining, repairing, or replacing building/service line laterals within the system. Service lines are generally intended to connect a private or commercial building to the city’s wastewater collection system infrastructure and are considered to be a private service connection, not maintained by the city.
The property owner shall bear all responsibility for ongoing maintenance and general upkeep of the service line and excavation from the tap on the sewer main to their building. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.10.050 Sewer main extensions.
A. General Applicability. These sewer main extension regulations apply to those portions of the city that have been legally subdivided and platted prior to the effective date of these regulations. Any portion of the city which has not been platted prior to enactment of this chapter shall comply with the requirements stated in the subdivision regulations.
B. Length and Location of Extended Mains.
1. All new sewer main extensions within existing rights-of-way or easements shall extend the full length of the property to be developed and continue to the next adjoining property.
2. For properties that develop in a phased plan, the internal sewer system shall be completed with the approved phasing and shall extend to adjacent properties within platted roadway alignments.
3. Sewer mains shall be located in a public right-of-way, tract or easement. The sewer alignment location must be approved by the director.
C. Engineering and Design.
1. The permittee or developer shall provide the engineering and design work completed by a professional engineer licensed and in good standing in the state of Colorado, at its cost, for extensions of sewer mains that will be located in developed rights-of-way, tracts and/or easements that have been previously platted and accepted.
2. In those instances where the streets, alleys, or rights-of-way have not been opened for public use (in platted areas), the developer shall furnish engineering data and plans conforming to city regulations and construction standards. All plans shall require approval of the city engineer.
D. Excavation and Installation of City Sewer Mains.
1. The developer shall be responsible for installation of the main in accordance with the city of Gunnison construction standards and shall secure all permits and inspections as required by this chapter.
2. Before any work is commenced or permits awarded, approval of the director must be secured.
3. Upon completion of the sanitary sewer improvements, prior to dedicating the line to the city, the developer shall furnish as-built plans stamped by a professional engineer licensed by the state of Colorado to the public works department. The plans shall show materials, location, elevations and profiles of all components of the new sewer improvements, including GIS coordinates of all the major components of the new sewer system. Sewer components include but are not limited to manhole or wet well invert(s) and rim, sewer service line invert at the sewer main and at right-of-way line where service enters the lot, cleanout invert and cap, valves, pump station floor, and any other notable components of the improvements.
4. The developer’s engineer must provide a statement that any modification and/or change to the plans and specifications has been approved by the city engineer as depicted on the final as-built drawings certified as true and correct by the professional engineer on record to be submitted prior to initial acceptance of the improvements.
5. Inspections are required as provided below:
a. All contracted excavations for main line extension shall be installed and inspected to meet city specifications. Work shall not be covered until approved by the director.
b. Inspections shall be required before and during the bedding of the sewer main. The developer must notify the inspector a minimum of 48 hours prior to backfill placement.
c. A leakage test, with a city representative present, must be conducted after the sewer main trench is backfilled.
E. Testing.
1. All components of the sewer main extension shall be tested in accordance with procedures outlined in the city of Gunnison construction standards and shall be witnessed by a duly authorized city representative.
2. Upon the completion of a successful test, the director shall provide written notification of successful testing to the contractor.
F. Cost, Responsibility Of. Costs of materials for sewer main extensions including pipe, manholes, labor, and testing shall be borne by the developer. Local improvements can be initiated by either the city or by petition of land owners and are addressed in Chapter 10.10 GMC.
G. Acceptance of Mains to the City.
1. Upon completion of the extended main to the satisfaction of the public works department the developer for which the sewer main was extended shall convey said sewer main to the city, relinquishing all ownership rights. Transfer of operation and maintenance of the sewer infrastructure will be completed upon initial acceptance of the improvements. The developer shall be responsible to warrant the work for a time period in accordance with the development improvement agreement. Warranty period shall commence upon issuance of the notice of initial acceptance from the city community development department.
2. Upon acceptance by and conveyance to the city, the developer shall warrant the materials, excavation, backfill and workmanship of the conveyed facilities for a period of one year from date of acceptance. Upon the expiration of the warranty period, the city shall assume all responsibilities of ownership and maintenance of the main. Until the main is conveyed, the responsibility and maintenance shall be borne by the developer. No building sewer connections shall be made to the sewer main until the ownership of the main has been conveyed to the city.
H. Extension of Sewer Mains Outside the City Limits. Extension of sewer mains to areas outside the corporate limits of the city shall require city council approval. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.10.060 Wastewater service charges.
A. Wastewater User Charge. The user charge shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, and other related sewer system costs which the city may determine by ordinance to be paid by the user charge. User charges are outlined in the sewer system fee schedule.
B. Review of Wastewater User Charge System. The city will review the user charge system periodically and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance, including replacement costs, among users and user classes. (Ord. 4-2021 § 1 (Exh. A), 2021).