Chapter 13.04
SEWER SYSTEM GENERALLY
Sections:
13.04.015 Connection of properties adjoining the city of Culver.
13.04.020 Use of public sewers required.
13.04.025 Exception for nonprofit corporations.
13.04.030 Private sewage disposal.
13.04.040 Building sewers and connections.
13.04.050 Use of the public sewers.
13.04.060 Protection from damage.
13.04.070 Powers and authority of inspectors.
13.04.080 Violation – Penalty.
13.04.100 Planting of certain trees causing problems with sewer system.
13.04.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
“BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter.
“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 (one and one-half meters) 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” means the city of Culver, Oregon.
“City of Culver sewer policy” shall be a written policy of the city of Culver governing the extension of sewage works in and outside the limits of the city of Culver for which the city will become responsible. The city of Culver sewer policy will be amended from time to time and will be available in most recent form from the city recorder.
“Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
“Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
“Person” means any individual, firm, company, association, society, corporation or group.
“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams of solution.
“Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have 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-half inch (2.27 centimeters) in any dimension.
“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
“Sanitary sewer” means a sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.
“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.
“Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.
“Sewer” means a pipe or conduit for carrying sewage.
“Shall” is mandatory; “may” is permissive.
“Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.
“Storm drain” (sometimes termed “storm sewer”) means a sewer which carries stormwaters and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
“Superintendent” means the designated operator of the city of Culver sewer treatment plant or his authorized deputy, agent or representative.
“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.
“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 3001 § 7, 1995; Ord. 1950 § 1, 1976.]
13.04.015 Connection of properties adjoining the city of Culver.
Owners of property which are adjacent to the boundaries of the city of Culver may petition the city of Culver to connect to the city of Culver sewer system. Connection may be allowed in the discretion of the public works director or such other person as the city council may from time to time designate. In determining whether to allow connection of such property to the sewer system of the city of Culver, the public works director or the city council designee shall consider current and long range requirements, costs and plans of the city of Culver and current and long range requirements and costs of the city of Culver sewer system. Such decision is discretionary and not subject to appeal. [Ord. 02-03 § 1, 2002.]
13.04.016 Regulations affecting discretionary connections to the sewer system by properties located outside of the city limits of the city of Culver.
Properties which are permitted to connect to the city of Culver sewer system shall be subject to the sewer and related regulations of the city of Culver. [Ord. 02-03 § 1, 2002.]
13.04.020 Use of public sewers required.
A. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city of Culver, or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste.
B. It is unlawful to discharge to any natural outlet within the city of Culver or any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 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 disposal of sewage.
D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of 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 90 days after date of official notice to do so; provided, that said sewer is within 100 feet (30.5 meters) of the property line. [Ord. 1950 § 2, 1976.]
13.04.025 Exception for nonprofit corporations.
Notwithstanding other provisions of the city of Culver code and ordinances, a real property need not connect to the sanitary sewer connection system of the city of Culver if it meets the following requirements:
A. The property is owned by an Oregon nonprofit corporation which has tax exempt status under Internal Revenue Code 501C or equivalent; and
B. There is an existing individual sanitary system which system is in compliance with Oregon State law regarding individual sanitary systems; and
C. The system is functioning properly and is adequate for usage on the property; and
D. Connection to the sewer system would require extension of sewer lines more than 25 feet or under paved roads; and
E. There is a finding that continued use of the preexisting individual septic system would not adversely affect adjoining properties or public health and sanitation. [Ord. 99-01 § 1, 1999.]
13.04.030 Private sewage disposal.
A. Where a public sanitary or combined sewer is not available under the provisions of CMC 13.04.020(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent. A permit and inspection fee of $100.00 shall be paid to the city at the time the application is filed.
C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. 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 superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent.
D. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state of Oregon. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection D of this section, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
G. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer or the state of Oregon Department of Environmental Quality.
H. When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. [Ord. 1950 § 3, 1976.]
13.04.040 Building sewers and connections.
A. 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 superintendent.
B. There shall be two classes of building sewer permits: (1) for residential; (2) for service to establishments producing commercial and industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. Residential users shall be charged a permit and inspection fee as authorized by city council resolution. Commercial and industrial users shall be charged in accordance with the method established in subsection L of this section and pursuant to city council resolution.
C. 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 damages that may directly or indirectly be occasioned by the installation of the building sewer.
D. A separate and independent building sewer shall be provided for every building; except 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 sewer.
E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.
F. The size, slope, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 and the state of Oregon plumbing codes shall apply.
G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. No person shall make connection of roof downspouts, exterior foundations drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
I. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before the installation.
J. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative.
K. All excavation 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 city.
L. Industrial and commercial users of the city’s sewage works will pay a hookup fee based on a dwelling unit equivalent which shall be 400 gallons of wastewater generated per day of one pound of BOD per day utilizing the United States Public Health Service Manual for flow rate determination and BOD calculation. If the proposed wastewater flows are not covered in that manual, the city engineer, using standard engineering practices, will compute the flows and BOD or special substance problems and convert to dwelling unit equivalents. The number of dwelling unit equivalents determined as above, times an amount as authorized by city council resolution, will be the commercial or industrial fee. [Ord. 3001 § 8, 1995; Ord. 1951 §§ 1, 2, 1993; Ord. 1950 § 4, 1976.]
13.04.050 Use of the public sewers.
A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent to a storm sewer, combined sewer or natural outlet.
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/1 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 structures, equipment and personnel of the sewage works;
4. Solid or viscous in quantities or of 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, underground garbage and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
D. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);
2. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius);
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp) or greater shall be subject to the review and approval of the superintendent;
4. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not;
5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials;
6. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;
8. Any waters or wastes having pH in excess of 9.5;
9. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids, such as, but not limited to, fuller’s earth, lime slurries and lime residues, or of dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate,
b. Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions,
c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on sewage treatment works,
d. Unusual volume of flow or concentration of wastes constituting slugs as defined in this chapter;
10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers which waters contain the substance or possess the characteristics enumerated in subsection D of this section, and which in the judgment of the superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection J of this section.
If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
F. Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or 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 superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. 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.
I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
J. No statement contained in this section 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. [Ord. 1950 § 5, 1976.]
13.04.060 Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. [Ord. 1950 § 6, 1976.]
13.04.070 Powers and authority of inspectors.
A. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. While performing the necessary work on private properties referred to in this section, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in CMC 13.04.050(H).
C. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. [Ord. 1950 § 7, 1976.]
13.04.080 Violation – Penalty.
A. Any person found to be violating any provision of this chapter except CMC 13.04.060 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.
B. Any person who shall continue any violation beyond the time provided for in subsection A of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding $25.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. [Ord. 1950 § 8, 1976.]
13.04.090 Clean-out traps.
A. The city of Culver, Jefferson County, Oregon, hereinafter called the city, does ordain that all residents of the city of Culver shall maintain all sewer clean-out traps so that said traps are exposed and made easy to locate by the city for purposes of cleaning out the sewers.
B. No occupant of a residence of the city shall cover by landscaping or building any existing clean-out traps. All existing clean-out traps shall be exposed by at least two inches above ground level and the property shall be maintained so that those clean-out traps located on any premises shall be easily accessible.
C. All residents of the city serviced by city sewer shall make known to the city recorder, on request, the location on the premises of the sewer clean-out traps.
D. All residents shall allow city employees access to inspect clean-outs located on their premises upon the demand of a city employee.
E. Any resident serviced by the sewer system of the city who shall fail to comply with this section shall be fined $50.00 if the resident fails to comply after 10 days’ prior written notice from the city. [Ord. 149 §§ 1 – 3, 5, 6, 1985.]
13.04.100 Planting of certain trees causing problems with sewer system.
A. The planting of weeping willow, poplar or cottonwood trees on private property within the city of Culver creates a potential nuisance involving the maintenance of the city sewage system.
B. Any cost for damage to the city sewer system from these trees or the cost of cleaning out the sewer system from roots clogging the sewer system from any of these trees adjacent to the property belonging to and traced to the ownership of the real property from which these roots involving these trees originated, shall be borne by the property owner.
C. The cost assessed by this section shall not exceed the sum of $250.00. [Ord. 359 §§ 1 – 3, 1980.]