Chapter 13.08 SEWAGE DISPOSAL SYSTEM

A. The town will employ a resident of West Yellowstone to be responsible for the operation and maintenance of the sewer system. This person will be the sewer manager. The sewer manager will make daily, semi-weekly, weekly and less frequent inspections as required. He will study and become familiar with the system and equipment and provide routine maintenance to assure the system is in good working order at all times. All questions and requests of residents of the town regarding the sewer system shall be made to the sewer manager.

B. The town council will assist the sewer manager. (Ord. 137 §6, 1989; Ord. 64 §1(part), 1974)

13.08.020 Sewer manager--Duties.

The duties of the sewer manager shall include:

A. Keep the sewers and appurtenances clean and in good working order;

B. Receive applications for new sewer connections, issue permits for new connections and inspect the construction of each;

C. Report violations of the rules and regulations set forth in this chapter and violations of Montana State Board of Health regulations to the town council;

D. Adequately operate and maintain the sewage lift station;

E. Adequately operate and maintain the sewage treatment facility;

F. Maintain accurate and complete records of all new sewer services;

G. Maintain records of the operation of the sewage lift station;

H. Maintain records of the operation of the sewage treatment facility;

I. Maintain a log showing the time and location of any cleaning and repair work on the sewage collection system;

J. Make an annual report to the town council including a summary of operation and maintenance costs, general information and recommendation for the coming year. (Ord. 64 §1(part), 1974)

13.08.030 Connections--Specifications--Application--Inspections.

A. All connections to the sewer system, when permitted, shall be made only by:

1. A Montana licensed master plumber; or

2. A journeyman plumber licensed by the state; or

3. If a licensed plumber is not available in West Yellowstone, by a person experienced in plumbing work approved in writing by the city council or sewer manager.

B. All new sewer connections shall be made using an approved cast-iron, clay tile or asbestos-cement saddle or hub. A hole shall be carefully cut in the sewer pipe which closely fits the pipe fitting. The fitting shall be carefully cemented to the pipe so as to make a water-tight connection. Extreme care shall be taken at all times to keep sand, pipe materials and other objects out of the sewer.

C. The individual connecting to the sewer, responsible for the entry of sand or other material into the sewer, shall be responsible for any cost directly or indirectly resulting from this negligence.

D. Commencing January 1, 2009, the sewer connection fees shall, at a minimum, be reviewed annually and updated by resolution of the town council to reflect actual costs of inflation, operation, maintenance, replacement and financing of the sewer system.

E. The connection to the main line will be made by the sewer manager. The sewer manager will endeavor to keep a supply of clay-tile sewer pipe saddles on hand and when available will provide the saddle. All other materials required for the connection and service lines will be furnished by the individual making the connection.

F. The sewer shall not be opened at any point without the permission of the sewer manager and the manager shall be present when the sewer is uncovered. Methods used shall be such as to be acceptable to the manager. (Ord. 241 §1, 2008; Ord. 64 §2, 1974)

13.08.040 Sewage waste discharge.

Since the success of the sewer system preventing further contamination of the shallower ground water and preventing eventual contamination of the deeper water is contingent on eliminating the disposal of sewage in the sandy soil underlying the community, it is important that all sewage be discharged into the sewer system. To accomplish this goal, the following time requirements are established:

A. All new construction or other facilities (whether a business, single-family cabin or trailer) requiring a sewer shall be connected to the sewer system prior to use. No facilities, not now existent, shall use a septic tank and/or cesspool or drain fields in the improved sewer district.

B. All existing motels, hotels, gas stations, cafes, laundries and other businesses with a sewage flow of over one hundred gallons per day shall connect to the sewer system and shall discontinue all disposal into the underlying soil.

C. All other businesses, homes, cabins, trailers and other facilities regardless of size shall discontinue discharging wastes into the underlying soil. All sewage wastes must be discharged into the sewer system.

D. All privies shall be removed from the town and will not be permitted in the town. Remaining holes shall be filled so as not to be hazardous or offensive.

E. All septic tanks and cesspools shall be filled (unless covered by a concrete cover capable of supporting any car or other loads that may be placed on it) at the time of hook up. (Ord. 64 §4, 1974)

13.08.050 Sewer services--Specifications.

A. Sewer services shall be provided by the individual property owners.

B. All materials and workmanship shall be of good quality.

C. Before excavating for a sewer service, the individual shall check the sewer maps showing the locations of service connections and shall so locate the new sewer service so as not to damage any existing services. Excavation near existing sewers shall be done by hand so as to avoid damaging existing pipes. Care must also be taken to not damage underground telephone wires located in several alleys.

D. Materials for sewer service lines (five foot from buildings) may be either clay-tile, asbestos-cement, concrete or cast iron. Bitumized fiber pipe (Orangeberg) will not be permitted. Existing line from house to cesspool will be excepted. Any new lines or repairs will be made to above specifications. Any repairs or replacements will require a new permit.

E. Sewer services shall be on a minimum grade of one-eighth inch per foot and preferably on a grade of three-sixteenths inch or one-quarter inch per foot. Sewer services shall be four inches or larger in size. Cleanouts shall be spaced at about one hundred foot intervals on long runs. Sewer joints shall be water-tight and root-proof. (Ord. 64 §5 (part), 1974)

13.08.060 Sewer services--Permit for alterations.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereon without first obtaining a permit from the manager. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the manager. (Ord. 64 §5(part), 1974)

13.08.070 Incident costs to be borne by owner--Indemnification of city.

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 town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 64 §5(part), 1974)

13.08.080 Sewer services--Barricades--Restoration of public property--Backfilling.

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 manager. Backfilling of the sewer trench will in general require compaction under public streets. Blacktop will be returned and maintained to original condition. (Ord. 64 §5(part), 1974)

13.08.090 Storm drainage and other prohibited wastes.

A. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain that is connected directly or indirectly to the town sanitary sewer unless such sewer or drain that is connected to an interceptor (clarifier) separator that is in compliance with the state of Montana plumbing code.

B. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process water that drains directly or indirectly to the town sanitary sewer unless such water flows through an interceptor (clarifier) separator that is in compliance with the state of Montana plumbing code.

C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

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

2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;

3. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to sewers, structures, equipment and personnel of the sewage works;

4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground up.

D. Grease, oil, sand interceptors and other treatment devices shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, organic materials in excessive amounts, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors or treatment devices shall be of a type and capacity approved by the sewer manager and shall be located as to be readily and easily accessible for cleaning and inspection. Where provided for any waters or wastes they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

E. Restaurants, bars and other food service facilities must pretreat their waste water with a grease interceptor or trap that is approved by the town sewer manager. All grease interceptors or traps shall be located to be easily accessible for cleaning and inspection. These pretreatment systems shall be maintained, inspected, cleaned and repaired regularly, as needed, by the owner at his expense. This will include maintaining an updated log book of these activities that must be submitted to the town sewer manager upon his request. All grease interceptor or trap contents shall be removed at the time of cleaning.

F. A variance to the required installation of an interceptor, trap or other pretreatment device may be granted by the town council. Criteria for granting a variance may include feasibility or cost of installation, the actual or potential amount of prohibited wastes to be generated, and the extent of interference with the town’s sewer system and treatment facility by the prohibited wastes. A variance may carry additional requirements set by the town council. (Ord. 196 §1, 1998: Ord. 64 §6, 1974)

13.08.100 Private sewage disposal system--Prohibited.

A. The town council determines it to be a nuisance to employ, maintain or use a private sewage disposal system or to dispose of sewage by means other than by means of the public sewage system within the town, by reason of the danger to water supplies and sources used by the public.

B. The use, maintenance, or employing of a private sewage disposal system within the town is a nuisance.

C. Violation of this section shall be punishable as a municipal infraction under Section 13.08.130. (Ord. 207 §34, 2000: Ord. 42 §§1--3, 1974)

13.08.110 Operation and maintenance costs.

The operation and maintenance costs of the town’s sewer system will be paid for on an equivalent user basis. Commencing January 1, 2009, the sewer connection fees shall, at a minimum, be reviewed annually and updated by resolution of the town council to reflect actual costs of inflation, operation, maintenance, replacement and financing of the sewer system. (Ord. 241 §2, 2008: Ord. 64 §8, 1974)

13.08.115 Operation and maintenance costs--Review and revision.

A. The town council shall review the total annual cost of operation and maintenance as well as each user’s wastewater contribution percentage not less often than annually, and will revise the system as necessary to assure equity of the service charge system established by law and by ordinance and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. The council shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly. If a significant user, such as an industrial user, has completed in-plant modifications which would change that user’s wastewater contribution percentage, the user can present, at a regularly scheduled meeting of the town council, such factual information and the town shall then determine if the user’s wastewater contribution percentage is to be changed. The town shall notify the user of its findings as soon as possible.

B. Each user of the town sewer system shall be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. (Ord. 149, 1992)

13.08.120 Penalties for noncompliance.

Failure to connect in compliance with the regulations of this chapter will result in immediate disconnection. Reconnection will cost as stated in this chapter. Further, the cost of any damages to the sewer system resulting from connection thereto, not in compliance with the regulations of this chapter, will be borne by the individual or individuals causing such damage. (Ord. 64 §7, 1974)

13.08.130 Purpose.

The purpose of Sections 13.08.130 through 13.08.310 is to allow commercial haulers of septage to apply for a permit allowing discharge of their product into the existing town wastewater collection and treatment facilities, and to establish fees and other financial means to insure that proper treatment and disposal of septage is provided for. (Ord. 208 §1, 2001; Ord. 207 §§35, 50, 2000)

13.08.140 Definitions.

As used in sections 13.08.130 through 13.08.310, the following definitions apply:

A. "Disposal fee" means a fee charged by the town for reception of septage into its wastewater facilities. The fee includes the cost of receiving, treating, disposing, and otherwise managing the septage within the wastewater facilities.

B. "Permit" means a written authorization or activity approval or entitlement issued by the town approving an individual or commercial enterprise for discharge of septage into the town’s wastewater facilities in accordance with the provisions of town ordinances and other applicable federal, state and local statutes, administrative regulations, or rules pertaining to septage or septage management.

C. "Septage" means wastewater that is collected from dwelling units, septic tanks, cesspools, portable toilets, or similar systems that constitutes concentrated domestic sewage (household, non-commercial, non-industrial sewage). Septage shall not include grease and grease trappings from any source or effluent from any commercial or industrial establishment that is not domestic in origin, nature, and composition. (Ord. 208 §2, 2001)

13.08.150 Permit required.

No person or corporation shall carry on or engage in the business of hauling and disposing of septage into the town’s wastewater facilities without having first applied for and obtained a permit from the town. (Ord. 208 §3, 2001)

13.08.160 Issuance of permit.

Upon proper application, the town may issue a permit for septage disposal if it finds that the activity is proposed to be, or designed to be, carried out in accordance with the terms of town ordinances and the statutes, administrative regulations, and rules of the United States, the State of Montana and Gallatin County pertaining to the transport, storage and disposal of septage material. The town has no obligation to issue septage permits pursuant to this chapter. The town may reject any or all septage permit applications for whatever reason it deems appropriate, including, but not limited to, a determination that receipt or discharge of septage would adversely affect the town’s wastewater collection and treatment facilities. (Ord. 208 §4, 2001)

13.08.170 Revocation of permit.

Permits issued to septage haulers may be revoked by the town if it finds that the activity has been, or is being carried on or engaged in contrary to statutes, administrative regulations, rules, or ordinances pertaining to septage handling, or that the activity is a threat to public health or safety, or that the activity violates a condition of the permit, or the permittee fails to remit fees in a timely manner to the town. (Ord. 208 §5, 2001)

13.08.180 Term of permit.

A permit is valid for one year from its issuance. At the end of the one-year period, the permit expires unless the permittee renews the permit according to the provisions of this chapter. (Ord. 208 §6, 2001)

13.08.190 Permit fees.

The town shall charge and collect a permit fee from each septage hauler and separate disposal fees for each truckload or other designated volume of septage discharged into the town’s wastewater facilities. The town council shall set the precise amount of permit fees and disposal fees through resolution. (Ord. 208 §7, 2001)

13.08.200 Security guarantee.

If the town decides to reissue a permit which has been revoked for any reason, including the failure to remit permit fees or disposal fees on a timely basis, the town shall require the permittee to post a guarantee of his ability to timely remit permit fees or disposal fees to the town. The guarantee may be demonstrated by a cash security deposit in an amount approved by the town, a cash bond in an amount approved by the town, or a letter of credit. (Ord. 208 §8, 2001)

13.08.210 Waste discharge requirements.

No person shall discharge septage into the town’s wastewater facilities unless he has complied with all the requirements of this chapter and has received a valid permit. An applicant or permittee shall, upon request of the town, provide the following: proof of a valid permit; a list containing license numbers of each vehicle which the permittee proposes to use for the discharge of septage to the town’s wastewater system; certification of insurance coverage; a cash deposit or other security acceptable to the town; and proof of payment of all permit fees and disposal fees as may be prescribed by the town. (Ord. 208 §9, 2001)

13.08.220 Permissible discharges.

The town’s wastewater collection treatment facilities shall only be used for the treatment and disposal of wastes which are compatible with the treatment process and the continued operation of a nonhazardous liquid management facility. Accordingly, only septage of domestic (household) origin or constituency shall be discharged into the wastewater system. This would include properly screened discharges of effluent from septic tanks, cesspools, portable toilets, or other similar systems providing for the concentration of domestic wastewater. (Ord. 208 §10, 2001)

13.08.230 Prohibited discharges.

Prohibited discharges include any hazardous waste which may be defined by either federal or state statute, administrative regulation or rule, any septage of commercial or industrial origin which is not completely domestic in nature, or any grease or grease trappings. (Ord. 208 §11, 2001)

13.08.240 Manifests.

All septage haulers shall verify the source of all waste contained within the waste load to be discharged by maintaining a detailed manifest. The manifest shall be carried in the vehicle at the time of septage disposal to the wastewater system. At a minimum, the information on the manifest shall include the customer’s name and contact phone number, customer or pumping site location/address, date and time of service, and type of waste. Verification may be demonstrated by either a customer receipt containing the required information or a completed log form or manifest containing the required information. (Ord. 208 §12, 2001)

13.08.250 Disposal reports.

Monthly disposal reports shall be completed and submitted by all septage haulers to the town no later than thirty days after the end of each month. Late reporting shall be subject to an administrative penalty or permit revocation. The report shall include a compilation of the information required in the manifest of the septage hauler. All items listed on the report shall be complete, accurate and legible. All reports shall be certified and signed by the company owner or a duly authorized representative of the company. Incomplete or inaccurate reports shall be returned, and errors in reports or negligence in timely reporting shall be grounds for permit revocation. (Ord. 208 §13, 2001)

13.08.260 Spill and incident reporting.

Any spill shall be reported immediately by phone to town maintenance personnel or administrative staff. If direct contact cannot be made, a message must be left indicating the date and time of occurrence. Formal written notification describing the circumstances of the spill or incident shall be submitted to the town within five working days of the occurrence. Septage haulers or dischargers shall be responsible to contain and clean up any spills or incidents associated with their hauling or discharging of septage within the town. (Ord. 208 §14, 2001)

13.08.270 Record keeping.

The permittee shall maintain business records which verify disposal amount and sources of septage discharged into the town’s wastewater facilities. All such records shall be retained for three years and shall be made available for inspection and copying at the request of the town. (Ord. 208 §15, 2001)

13.08.280 Site inspections and business records.

Business sites and records of permittees shall be subject to inspection and review by town representatives upon reasonable prior request and notification. (Ord. 208 §16, 2001)

13.08.290 Insurance coverage.

During the term of the permit, the permittee shall maintain at his own expense comprehensive general liability and automobile insurance with respect to the septage hauling business in a single limit amount of at least one million dollars. The permittee’s liability insurance must include pollution coverage for discharge or damage caused by the release of septage into the environment. (Ord. 208 §17, 2001)

13.08.300 Other. provisions.

All septage haulers shall also be subject to the following provisions:

A. All septage shall be discharged only at a location designated by the town.

B. Discharge shall only be septage of domestic type and origin.

C. screening shall be employed to remove solids or other inert material prior to introduction of septage into the wastewater facilities.

D. Discharges shall be coordinated with, supervised, and inspected by an employee or officer of the town.

E. The septage hauler’s equipment must be clean and maintained in good operating condition.

F. Upon completion of the discharge, the permittee shall provide appropriate cleanup and removal of accumulated debris from the discharge location.

G. A permit shall not relieve the permittee of his obligation to comply with all applicable statutes, ordinances, administrative regulations, rules, or standards under federal, state, or local law that are presently effective or become effective during the term of the permit. (Ord. 208 §18, 2001)

13.08.310 Penalty.

Violation of sections 13.08.130 through 13.08.300 shall be punishable as a municipal infraction subject to the provision of sections 7-1-4150 through 71-4152, MCA. (Ord. 208 §19, 2001)

13.08.320 Disposal of flexible hose prohibited.

It is unlawful for any person to discharge or dispose of flexible hosing into the town’s sewer system. Flexible hosing means hosing of any material that is used primarily for the discharge of septic waste or septage from the holding tank of a recreational vehicle into the town sewer system. (Ord. 229 §1, 2007)

13.08.330 Installation of self-closing sewer caps.

Every owner or operator of a recreational vehicle park, campground, or other site within the town allowing for the dumping of septic waste or septage from holding tanks of recreational vehicles into the town sewer system shall install and maintain a self-closing sewer cap on each pipe inlet to the sewer system. (Ord. 229 §2, 2007)

13.08.340 Reducers required.

A. Each recreational vehicle park, campground, or other site allowing for the dumping of septic waste or septage from the holding tanks of recreational vehicles into the town sewer system that is constructed after the effective date of the ordinance codified in this section shall install and maintain a reducer as a component of the pipe inlet to the sewer system. The reducer shall have a maximum interior diameter of three inches, shall be located at least eight inches below the self-closing cap, and shall be maintained in good working order at all times.

B. Each recreational vehicle park, campground or other site allowing for the dumping of septic waste or septage from the holding tanks of recreational vehicles into the town sewer system that is constructed before the effective date of the ordinance codified in this section shall also install and maintain the reducer described in subsection A of this section. In the alternative, such an existing recreational vehicle park, campground or site shall either require RV owners to have available a universal sewer connector adapter (ninety-degree elbow) equipped with an airtight connection gasket for dumping septic waste or septage from RVs into the town sewer system or shall make such connector adapters available to owners for the dumping of septic waste or septage from their RVs. Dumping facilities at service stations or other dumping sites for septic waste or septage from recreational vehicles into the town sewer system that do not service only a single campsite must install and maintain the reducer described in subsection A of this section. (Ord. 229 §3, 2007)

13.08.350 Penalty.

Violation of Section 13.08.320, 13.08.330 or 13.08.340 shall be punishable as a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA. (Ord. 229 §4, 2007)